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HMRC internal manual

Customs Special Procedures Manual

Roles and responsibilities: DEFRA and BIS - Examination of economic conditions (economic tests)

Under UCC the examination of the economic conditions (previously known as ‘economic tests’) will take place at an EU Committee. We are not required, nationally, to conduct the ‘economic test’ (which was the role of DEFRA and BIS previously). But the authorising office may need to consult with DEFRA and BIS (see below).

Committee for the examination of the economic conditions

The UK, along with other Member States, will discuss all cases and a vote will be held to establish the view of the committee hearing. The UK customs administration does not submit an opinion/case on behalf of the trader, the trader will need to prepare their own case. However, the UK Customs attendee at the committee hearing will need to be briefed on how the UK should vote on each case.

The authorising office will need to send a recommendation to the policy team on how the UK itself would vote if the case came to committee.

To aid the Authorising Office in this opinion/recommendation they may wish to refer the case, in the first instance, to DEFRA or BIS as appropriate for an assessment.

Goods requiring an examination of the economic conditions (economic test)

Full details of the circumstances when an examination of the economic conditions will be required can be found in Section 3.1 of Notice 3001: Special procedures for the Union Customs Code and there is further information in this manual in SPE03050.

It should be noted that the EU committee is unlikely to accept any cases on which Anti-Dumping Duty is due.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)