09/05/08 - Beef and Veal - No. 24/08
1. Notice to Traders 58/06 informed you of the new rules for the administration of import tariff quotas.
2. This notice is to advise you of the rules for the ITQ beef quota for the period 1 July 2008 to 30 June 2009.
The contents of this notice are intended as a guide only.
3. The quantity which may be imported under these arrangements is 54,703 tonnes of bone-in (or its boneless equivalent) frozen beef falling within CN codes 0202 2030, 0202 3010, 0202 3050, 0202 3090 and 0206 2991.
4. The quantity available for importation from 1 July 2008 to 30 June 2009 is as follows:
- 43,000 tonnes of frozen beef intended for the manufacture of System A products defined at Annex II - Order No 09.4057;
- 11,703 tonnes of frozen beef intended for the manufacture of System B products defined at Annex II - Order No 09.4058.
5. The quota will be managed by first allocating import rights and then issuing import licences.
6. To be considered eligible to apply for import rights and a subsequent import licence you must:
- have been active in the production of processed products containing beef throughout the 12 month period prior to application and the 12 months prior to that;
- be EC approved under Article 4 of Commission Regulation (EC) No 853/2004;
- meet the terms and conditions for the control and operation of the ITQ scheme; and
- apply only in the Member State in which you are VAT registered.
7. You must send documentary evidence of compliance with these requirements to the Rural Payments Agency, Beef Section, Lancaster House, Newcastle upon Tyne (see paragraphs 9 - 13 below).
8. Prior to application you must:
- have a current and valid RPA Trader Registration number which must be quoted on your application. All details must be up to date with the correct name and address. You can check your details with the Beef Section.
You must ensure any discrepancies are amended prior to application;
- have your plant approval number issued following a visit by the RPA Inspectorate, as notified in Notice to Traders 21/08.
9. To apply for import rights under this quota you must complete the application form ITQ-A (Annex I) and return it to the Agency by 12 noon on 8 June 2008.
In order to give the maximum time possible to resolve any queries, please submit your application for import rights as soon as possible.
Note: An electronic copy of the ITQ-A form can be accessed on the RPA website at www.rpa.gov.uk under RPA Schemes/External Trade/Beef & Veal/Forms.
10. Your application must be lodged by, or on behalf of, a processing establishment which is EC approved under Article 4 of Regulation (EC) No 853/2004 and must be signed by the eligible processor or an authorised signatory.
11. You must ensure that:
- your application is for a bone-in quantity. (For these purposes 100kgs of bone-in beef equals 77kgs of boneless beef);
- your application for import rights does not exceed 10% of each quantity available;
- you submit only one application for rights under System A and/or B;
Note: If more than one application for import rights is received under System A and/or B, all applications will be rejected.
- each application quotes both the EC approval number and the RPA approval number.
12. Your application for import rights must be accompanied by:
- a copy of your EC approval certificate;
- proof of VAT registration e.g. latest VAT return/statement. If you are registered as part of a group , proof of each member of the group must be provided e.g. VAT registration certificate;
- proof of any relationships with other companies e.g. Certificate of Incorporation or letter confirming the status from an accountant or solicitor; and
- evidence, consisting of commercial documents, to prove that you have been active in the processing industry, including:
- copies of purchase invoices;
- proof of payment;
- copies of delivery notes; and
- cooking records showing the production of products containing beef.
Note: The evidence must prove that you have actively processed beef throughout both 12 month periods and not only a few isolated occasions of processing.
Applicants who have participated in the 2007/08 ITQ quota only need to provide proof for the previous 12 month period.
Applicants who have not processed ITQ beef in the previous two 12 month periods must provide cooking records verified by the RPA Inspectorate.
13. You must lodge a security of €6 per 100kgs with your application. The lodging of this security obligates you to use the full amount of quota allocated. If you do not use your quota, security will be forfeit in proportion to the amount unused.
Note: Your application may be rejected if you fail to comply with the procedures stated in paragraphs 8 - 13.
14. On the basis of applications received from all Member States, the European Commission will decide on the allocation of import rights. You will be informed of the quantity allocated to you during the period 1 July to 14 July 2008. Upon receipt of the notification you may apply for licences immediately, but only in the Member State where those rights were allocated.
15. For licences under this quota:
- box 8 of your application must state the country of origin;
- box 16 of your application must contain one of the eligible CN codes (8 digits); and
- box 20 of your application must contain:
'Licence valid in the UK. Meat intended for processing A/B product (delete as appropriate) at (exact designation and EC approval number of the establishment where the processing is to take place) - Commission Regulation (EC) No. 412/2008' and 'Order number 09.4057' for System A products or 'Order number 09.4058' for System B products.
Note: Licence applications may only be lodged in the Member State in which import rights have been obtained.
16. Allocation security will be released proportionally when licences are applied for.
17. You must lodge a security of €12 per 100kgs with your import licence application.
Note: You must ensure all applications clearly state the method by which security is being provided. If security is being provided by Block Guarantee you must state which guarantee is to be debited.
18. If using an agent to apply for licences on your behalf you must:
- provide a letter of authority on original headed paper either at the beginning of the quota or for each individual licence application including the weight of each licence to be issued. This must show the same name as that on the application for allocation of import rights;
- retain full records of licence applications and usage of your allocation; and
- retain copies of your letters of authority.
Note: Licences will not be processed until a valid letter of authority is received.
19. Your licences will:
- be valid for 120 days but not beyond 30 June 2009;
- have a 5% tolerance. However, full duty will have to be paid on any quantity in excess of the weight stated on the import licence; and
- be issued in the name of the operator who has obtained the import rights.
20. If using a paper licence you must return your licence to us within 45 days of expiry, fully utilised in order for security to be released in full.
21. Security on electronic licences will be released automatically once they have been fully attributed. If the electronic licence has not been fully used, the security will be forfeit in proportion to the amount unused.
22. You must lodge a security when you import under this scheme to ensure that the entire quantity of meat imported is processed at the designated establishment within 3 months. The rates of security are set out in Annex III. The security must be lodged with the Beef Section in Newcastle, when you submit a Notice of Movement and Lodgement of Security form ITQ2a.
This must be submitted at least 3 days before intended date of release from Customs control.
23. If you use a guarantee you may lodge:
- a standing guarantee as long as it covers all of the beef to be processed at any one time before clearance of the processing certificate;
- a guarantee per warrant/removal; or
- a guarantee per licence.
24. You must process the meat within 3 months following the date of importation. The processing security will be forfeit in full if the meat is not processed in the designated establishment and will be forfeit in proportion if the meat is not processed within the 3 month deadline, or proof of end use is not produced within 7 months following the day of importation.
25. Prior notification of processing with dates and times must be faxed to the RPA Inspectorate (see paragraph 32 for contact details) at least 3 days before processing is to commence.
26. Processing cannot commence until 3 days after import. This is to provide an opportunity for an initial inspection of the imported goods by the Agency's agent.
27. Processors must at all times be able to demonstrate the identity and use of imported meat through appropriate production records. Security will be forfeit if these records are inadequate.
28. Samples of products will be taken to ensure compliance with processing requirements as detailed in Annex II.
Analysis costs shall be paid by the processor.
29. You are responsible for the accuracy of your application and validity of proofs. Applications which do not meet the qualifying conditions will be rejected.
30. As a measure to protect animal and public health, all products of animal origin may be subject to the conditions of a Department for Environment, Food & Rural Affairs (Defra) import licence. Advice on whether a Defra licence is required can be obtained from the Defra (International Trade Division - Animal Products) telephone 0207 904 6496/6501.
31. You will find details of these arrangements in Commission Regulation (EC) No 412/2008 published in Official Journal L125. Copies may be obtained from Stationery Office bookshops and accredited agents, or ordered from the Stationery Office website (
www.tso.co.uk). You can also access recent Official Journals electronically by visiting the Commission's Europa website on (
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.
32. If you have any queries concerning this notice, please contact the Rural Payments Agency Newcastle on the following:
| Allyn Hogg | (0191) 226 5153 |
| Michael Foster | (0191) 226 5282 |
| Linda Dyson | (0191) 226 5282 |
| Paul Doherty | (0191) 226 5236 |
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| Fax | (0191) 226 5088 |
| E-Mail | beefimports@rpa.gsi.gov.uk |
| RPA Inspectorate (Fax) | (0191) 226 5655
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Page published: 12 December 2011