02/12/08 - Cereals - ITQ imports - NTT 73/08
1. This notice is to inform you of changes to the rules concerning licence applications for low/medium quality wheat.
2. Commission Regulation (EC) No. 2375/2002 has been replaced by Commission Regulation (EC) No. 1067/2008.
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 2,989,240 tonnes of common wheat falling within CN code 1001 9099 of a quality other than high quality is available from 1 January each year.
8. The rate of import duty on imports within this quota will be €12 per tonne.
9. The quota will be split into three sub quotas:
| Sub-quota I (Order No. 09.4123) | 572,000 tonnes for the United States of America |
| Sub-quota II (Order No. 09.4124) | 38,853 tonnes for Canada |
| Sub-quota III (Order No. 4125) | 2,378,387 tonnes for other third countries |
If during the year it is found that there is a serious shortfall in the take-up of sub-quotas I or II, the Commission may, with the agreement of the third country concerned, transfer the unused quantities to the other sub-quotas.
10. Sub-quota III will be divided into four quarterly sub-periods, covering the following dates and quantities:
| Sub-period No. 1 | 594,597 tonnes | 1 January to 31 March |
| Sub-period No. 2 | 594,597 tonnes | 1 April to 30 June |
| Sub-period No. 3 | 594,597 tonnes | 1 July to 30 September |
| Sub-period No. 4 | 594,596 tonnes | 1 October to 31 December |
11. Where the quantities for one of the sub-periods 1, 2 or 3 are exhausted, the Commission may bring forward the opening of the following sub-period.
12. You may submit applications each week before 12 noon on a Friday. However, you can only apply for one application per order number per week. Your application must be correctly completed to be accepted.
For 2009 the first day for applications will be 1 January.
13. If you submit more than one application per order number per weekly period, all applications will be cancelled and all securities will be forfeit.
14. Your application must not exceed the quantity available in each sub-period in which you are applying.
Applications must be made with the quantity stated in kilograms.
15. Box 8 of your application must state the country of origin and be ticked compulsory. The licence application and the licence will mention a single country of origin.
16. Box 20 of your application must state:
- 'Commission Regulation (EC) No. 1067/2008'; and
- 'Order number..............'.
17. Your application must be accompanied by a security of €30 per tonne. Details concerning the lodging of securities are set out in Leaflet ET1.
18. 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.
19. Your licence will be issued on the Friday in the week following that in which your application was lodged.
20. 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).
21. Your licence will be valid until the end of the month of issue plus two months.
22. The rights of the licence are not transferable.
23. The reduction in duty will only apply to the quantities shown in sections 17 and 18 of the licence.
24. In order to clear your goods through Customs you must present a Certificate of Origin issued by the competent national authorities of that country, in accordance with Article 47 of Commission Regulation (EEC) No. 2454/93.
25. You must return paper licences to us within
45 days of their expiry to obtain a full release of security.
26. You will find details of these arrangements in Commission Regulations (EC) No's 1067/2008 and 1301/2006 published in Official Journals L290 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 regulation as published is definitive.
27. If you have any queries concerning this notice, please contact the Cereal Imports section of the Rural Payments Agency Newcastle on the following:
| Stephen O'Neill | (0191) 226 5207 |
| Dean Edwards | (0191) 226 52995 |
| 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: 13 December 2011