27/10/08 - Fruit and Vegetables - Garlic imports from Third Countries - NTT 65/08
1. This Notice is to inform you of the arrangements for importing garlic from third countries. This notice replaces Notice to Traders 61/08.
2. The arrangements for quota licences (referred to as 'A' licences) and non-quota (referred to as 'B' licences) will apply from
15 November 2008.
3. All imports of garlic under CN code 0703 2000 into the EU require an import licence. Imports under quota arrangements allow you to import garlic at an ad valorem customs duty rate of 9.6%. Non-quota imports are subject to a specific duty rate of €1,200 per tonne.
4. All other imports of products with a CN code and description listed in Annex III are also subject to an import licence.
5. When you submit an application for a Quota 'A' licence for the first time during a quota period you must provide a copy of your VAT Registration Certificate.
6. When you apply for a 'B' licence you must provide a copy of your VAT Registration Certificate each time you apply.
7. To apply for 'A' licences you must be either a 'traditional' importer or a 'new' importer.
8. A
traditional importer is a trader who has imported at least 50 tonnes of fruit and vegetable products (as listed in Annex II) during the previous completed import period preceding your application.
9. To qualify as a traditional importer you must have obtained and used 'A' licences in each of the three previous completed import periods.
10. For traditional importers a reference quantity will be established based on the maximum quantity of your imports for all origins in one of the following calendar years: 1998, 1999 or 2000.
11. However, if you have not imported garlic in one of the three calendar years 1998, 1999 or 2000 your reference quantity will be established based on the maximum quantity of your imports of garlic in one of the first three consecutive completed import periods in which you have obtained 'A' licences. The import period is from 1 June to 31 May the following year.
12. You will be required to nominate the year and the quantity imported. You must also provide details of the licences used.
13. If you do not qualify as a traditional importer you may qualify as a
new importer.
14. A
new importer is a trader who has imported at least 50 tonnes of fruit and vegetable products (as listed in Annex II) in each of the two previous calendar years.
15. Proof that you meet this requirement must be submitted
each year. The proof we require will be as follows:
- copies of the import licences, if applicable; and
- copies of the Customs entries showing your company name, the product you have imported, the quantity and the date the entry was lodged with Customs.
16. The quantities available under these quotas are set out in Annex I. They are split as follows:
- 70% for
traditional importers
- 30% for
new importers.
17. Applications for licences must be made on the prescribed import licence application form, which you can send to us by post, fax or email. Details on how to apply for an import licence can be found in leaflet ET1, Section D and a copy of the application form can be found in Section S.
18. Your application must:
- be submitted during the first five working days following the 15th day of February, May, August and November;
- not exceed the limits set for each type of operator;
- state in box 8, the country of origin. It is compulsory to import from the country of origin stated;
- state in box 20, the following statements:
- 'Licence issued and valid for the quarter 1 (
Month) to 28/29/30/31 (
Month)' (
Enter the relevant quarter dates);
- 'traditional importer' or 'new importer', whichever is appropriate; and
- 'Order Number' (
this can be found in Annex I).
Note: For traditional importers – for the entire quota year you may apply for no more than your annual reference quantity. This quantity may be applied for in any one sub-period or spread across all of the sub-periods, and may be from any origin.
For example, if your reference quantity is 500 tonnes, you may apply for 150 tonnes in sub-period 1 from China, 50 tonnes in sub-period 3 from Argentina and 300 tonnes in sub-period 4 from all other third countries.
Please note you must consider carefully the quantity that you are going to apply for. For example, if you apply for all of your reference quantity in the first sub-period then you will not be able to apply for any quantities in subsequent sub-periods, even if a reduction coefficient is applied to your application.
For new importers - you may apply for no more than 10% of the quantities indicated in Annex I for that origin and that sub-period.
19. Your application must be accompanied by a security of €50 per tonne. Details concerning the lodging of securities are set out in our leaflet ET1(available on our website www.rpa.gov.uk), Section D.
20. Your security may be forfeited in full or part if you fail to meet your obligations, including those relating to time limits. Details concerning forfeits of security are set out in leaflet ET1, Section F.
21. We will inform the Commission of applications by the end of each month in which the applications have been submitted, which are February, May, August and November. Licences will be issued electronically seven working days following this notification. If you require a paper licence you must indicate this on your application.
22. If the quantities applied for exceed the quantities available the Commission may apply a single reduction percentage to applications and suspend the issuing of licences for the remainder of that sub-period.
23. Licences will be valid until the end of the sub-period in which they were issued.
24. The rights of licences may not be transferred.
25. There is no upper tolerance. Therefore, you may not import more than the quantity on your licence.
26. If you are impporting garlic from Lebanon, Iran, Taiwan, United Arab Emirates, Vietnam or Malaysia you
must present to Customs:
- a certificate of origin issued by the competent national authorities of that country; and
- provide evidence that the product has been transported directly from that country to the Community.
Further details may be obtained from Customs.
27. All imports of products with a CN code and description listed in Annex III are subject to an import licence. These licences are referred to as 'B' licences.
28. You may submit your application at any time without any limit on the quantity. You must indicate:
- in box 8, the country of origin. It is compulsory to import from the country of origin stated.
29. Your application must be accompanied by a security of €50 per tonne. Details concerning the lodging of securities are set out in our leaflet ET1, Section D.
30. Your security may be forfeited in full or part if you fail to meet your obligations, including those relating to time limits. Details concerning forfeits of security are set out in leaflet ET1, Section F.
31. Licences will be issued immediately; there is no working day wait.
32. Licences will be valid for three months from the date of issue.
33. The rights of licences may not be transferred.
34. Certificates of origin will be required as detailed at paragraph 26.
35. You will find details of these arrangements in Commission Regulation (EC) No. 972/2008 published in Official Journal L265. Copies can be obtained from Stationery Office bookshops and accredited agents, or ordered from the Stationery Office website (
www.tso.co.uk). You can also access Official Journals electronically by visiting the Commission’s Europa website (
http://eur-lex.europa.eu/en/index.htm).
Please note that the Rural Payments Agency cannot provide any warranty as to the accuracy or completeness of the Europa website. Whilst every care has been taken in producing this guidance, the regulation as published is definitive.
36. If you have any queries concerning this notice please contact the Fruit and Vegetable Import section of the Rural Payments Agency Newcastle on the following:
| Stephen O'Neill | (0191) 226 5295 |
| Sarah Kane | (0191) 226 5289 |
| Andriana Pouri | (0191) 226 5289 |
| Dean Edwards | (0191) 226 5295 |
| Simon Greetham | (0191) 226 5278 |
| Pratik Patel | (0191) 226 5278
|
| Fax | (0191) 226 5212 |
| E-mail | FruitVegImports@rpa.gsi.gov.uk |
Page published: 14 December 2011