Finance Act 2004

Amendment of section 104 (reliefs) of Finance Act 2001.

46.Section 104 of the Finance Act 2001 is amended by inserting the following after subsection (3):

“(4) (a) Where, as allowed under the terms of the treaty of accession which applies to a Member State, such Member State applies to any tobacco product a rate of excise duty which is less than the minimum rate stipulated for that product in either Council Directive 92/79/EEC of 19 October 19921 or Council Directive 92/80/EEC of 19 October 19922 , the Minister for Finance may by order provide that—

(i) subsection (2)(a) shall not apply, and

(ii) the quantitative limits set down in such order shall apply,

to such tobacco products which, in the circumstances outlined in that subsection, have been acquired in such Member State and transported into the State.

(b) The Minister may by order amend or revoke an order made under paragraph (a).

(c) An order under this subsection shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 sitting days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

1 OJ No. L316, 31.12.1992, p.8

2 OJ No. L316, 31.12.1992, p.10