After paragraph 12 insert—

“Exemption: mineralogical and metallurgical processes

12A

(1)

A supply of a taxable commodity to a person is exempt from the levy if the commodity is to be used by the person in a mineralogical or metallurgical process.

(2)

“Mineralogical process” has the same meaning as in Article 2(4)(b) of Council Directive 2003/96/EC of 27 October 2003 (which relates to the taxation of energy products and electricity).

(3)

“Metallurgical process” means a process of any of the following descriptions.

(4)

The descriptions are—

(a)

a process falling within Division 24 of NACE Rev 2, excluding Class 24.46;

(b)

a process falling within Group 25.5 of NACE Rev 2;

(c)

a process falling within Class 25.61 of NACE Rev 2 which is—

(i)

plating, anodising etc of metals;

(ii)

heat treatment of metals;

(iii)

deburring, sandblasting, tumbling and cleaning of metals where carried out in conjunction with a process mentioned in paragraph (a) or (b).

In this sub-paragraph “NACE Rev 2” is as set out in Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 (relating to the statistical classification of economic activities).”