22/12/08 - Cereals - 80/08
1. This notice is to inform you of changes to the rules concerning licence applications for malting barley.
2. Commission Regulation (EC) No. 2377/2002 has been replaced by Commission Regulation (EC) No. 1215/2008.
3. You must be established and registered for VAT in the Member State in which you are applying and supply a copy of your current VAT certificate when lodging your first licence application for each Import Tariff Quota (ITQ) period.
4. When applying for the first time for a given ITQ period, you must supply evidence that you have been engaged in the cereals trade with third countries at least once during:
- the 12 month period immediately prior to the time of application; and
- the 12 month period immediately prior to that.
5. This proof should be either:
- the customs documents of release for free circulation, duly endorsed by the customs authorities and containing a reference to the applicant concerned as consignee; or
- the customs document of exportation duly endorsed by the customs authority.
6. Customs agents or representatives cannot apply for import licences under these quota arrangements.
7. A quantity of 50,000 tonnes of malting barley falling within CN code 1003 00, to be used in the manufacture of beer aged in vats containing beechwood, is available from 1 January each year.
8. The rate of import duty on imports within this quota will be €8 per tonne.
9. In order to benefit from this quota, the imported barley must satisfy the following criteria:
- specific weight: minimum 60.5kg/hl;
- damaged grains: maximum 1%;
- moisture: maximum 13.5%; and
- sound and fair merchantable barley: minimum 96%.
10. This must be certified by either:
- a certificate of analysis carried out at the importer's request by the customs office of release for free circulation; or
- a quality certificate for the imported barley issued by a government authority of the country of origin and recognised by the Commission. In this case the customs office of release for free circulation will take samples from at least 3% of the imported cargoes for analysis to verify conformity with the analytical parameters.
11. The following conditions must also be fulfilled:
- the imported barley must be malted within six months from the date of release into free circulation;
- the resulting malt must be used in the manufacture of beer aged in vats containing beechwood within no more than 150 days following the date on which the barley is processed into malt.
12. Processing of barley into malt will be deemed to have taken place when the malting barley has undergone steeping. The use of malt to manufacture beer aged in vats containing beechwood within no more than 150 days following the date on which the barley is processed into malt will be subject to verification by the competent authority.
13. You may submit applications once per month no later than 12 noon on the second Friday of the month. However, if that day is a national holiday you must submit your application no later than 12 noon on the preceding working day.
14. If you submit more than one application per monthly period, all applications will be cancelled and all securities will be forfeit.
15. Your application must not exceed the quantity available for the quota period.
Applications must be made with the quantity stated in kilograms (whole numbers).
16. Box 20 of your application must state:
- 'Commission Regulation (EC) No. 1215/2008';
- 'Order Number 09.4061'; and
- 'the name of the processed product to be made from the cereals concerned.'
17. Your application must be accompanied by proof that:
- you have lodged a security of €85 per tonne with the competent authority of the Member State of release for free circulation. If the goods imported are supported by a certificate of conformity issued by the (US) Federal Grain Inspection Service this security will be reduced to €10 per tonne; and
- you will process the imported goods within 6 months from import, into malt for use in the manufacture of beer aged in vats containing beechwood within 150 days following the date on which the barley was processed into malt.
This must be submitted in writing.
18. Your application must be accompanied by a security of €30 per tonne. Details concerning the lodging of securities are set out in Leaflet ET1.
19. Your security may be forfeit in full, or in 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.
20. Details of applications will be submitted to the Commission on the Monday following submission of your application. Your licence will be issued on the fourth working day following the submission of this information.
21. If the total quantities applied for exceed the quantity available, the Commission will set an allocation co-efficient no later than the third working day following your application (this may be less than the quantities applied for).
22. Your licence will be valid for 60 days from the date of issue.
23. The rights of your licence can be transferred at any time between the issue date and the last date of validity.
24. The reduction in duty will only apply to the quantities shown in sections 17 and 18 of the licence.
25. The security of €85 or €10 per tonne will be released provided the following conditions are fulfilled:
- the quality of the barley, established on the basis of the quality certificate or analysis certificate, meets the criteria outlined in paragraph 9;
- you provide proof of the specific final use referred to in Article 5(1) of Commission Regulation (EC) No. 1215/2008, certifiying that this use has taken place within the time limit provided for in the written undertaking referred to in paragraph 17.
26. You must return your paper licence to us within
45 days of their expiry to obtain a full release of security.
27. You will find details of these arrangements in Commission Regulations (EC) No's 1215/2008 and 1301/2006 published in Official Journals L328 and L238 respectively. 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 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 regulations as published are definitive.
28. If you have any queries concerning this notice, please contact the Cereals Imports section of the Rural Payments Agency Newcastle on the following:
| Stephen O'Neill | (0191) 226 5207 |
| Dean Edwards | (0191) 226 5295 |
| Andriana Pouri | (0191) 226 5289 |
| Sarah Kane | (0191) 226 5289 |
| Pratik Patel | (0191) 226 5278 |
| Simon Greetham | (0191) 226 5278 |
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| Fax | (0191) 226 5206/5212 |
| E-mail | cerealimports@rpa.gsi.gov.uk
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Page published: 12 December 2011