The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023

Amendment to the Customs (Tariff Quotas) (EU Exit) Regulations 2020

3.—(1) The Customs (Tariff Quotas) (EU Exit) Regulations 2020(1) are amended as follows.

(2) In regulation 21(1) (interpretation of Part 3), after the definition of “quota” insert—

““specified quota” means any of the following quotas—

(a)

05.4970;

(b)

05.4971;

(c)

05.4972;

(d)

05.4973;

(e)

05.4974;

(f)

05.4975;

(g)

05.4976;”.

(3) In regulation 25 (application procedure)—

(a) for paragraph (3), substitute—

“(3) An application for an import licence in respect of—

(a) a specified quota, or

(b) a quota for which a certificate of authenticity or an Inward Monitoring Arrangement certificate is required to be submitted under regulation 23(6) or, as the case may be (7),

may be received at any time.”;

(b) for paragraph (4)(b), substitute—

“(b) an applicant may make more than one such application per month if the application is for—

(i) a specified quota, or

(ii) a quota for which a certificate of authenticity or an Inward Monitoring Arrangement certificate is required to be submitted under regulation 23.”.

(4) After regulation 33(3) (export certificates) insert—

“(4) Paragraphs (5) and (6) apply only in respect of an application for an import licence to make use of a specified quota.

(5) Once an export certificate has been submitted with a licence application, it cannot be used in connection with any other application for an import licence.

(6) The original export certificate must be retained by the Secretary of State.”.

(5) In regulation 35(4) (issue and period of validity of the licence), after sub-paragraph (b), insert—

“;

(c) in respect of a specified quota is valid for the period beginning with the day on which the licence was issued and ending with the day on which the quota period ends”.

(6) In Schedule 2 (licensing table)—

(a) after the final row in the table headed “Part B: preferential quotas” insert—

“05.4970	£6 per 100 kg		Yes					Yes(9)
05.4971	£4 per 100kg		Yes					Yes(9)
05.4972	£5 per 100kg		Yes					Yes(9)
05.4973	£2 per 100kg		Yes					Yes(9)
05.4974	£8 per 100kg		Yes					Yes(9)
05.4975	£8 per 100kg		Yes					Yes(9)
05.4976	£3 per 100kg		Yes					Yes (9)”

(b) at the end of the footnotes following that table insert—

“(9) Department of Agriculture, Fisheries and Forestry, Australia.”.

(1)

S.I. 2020/1432. Relevant amending instrument is S.I. 2021/527.