Notice

NOTICE TO TRADERS 08/20 - IMPORTS OF GARLIC UNDER COMMISSION REGULATION (EC) NO. 341/2007

Published 6 March 2020

Introduction

This notice explains how the rules are applied to this quota and how to apply for a licence. It also advises you of the quota amounts available in the import tariff quota period (1 June 2020 to 31 May 2021) and in each sub-period. Details of the available quantities are outlined in Annex 1 of this notice.

Background

You must supply the following documents to prove that you are eligible for a garlic quota licence. If you do not have the proof of trade as detailed below, you are not eligible and cannot apply for a quota licence. To apply for ‘A’ licences under the fresh garlic quota, you must qualify as either a “New Importer”, or a “Traditional Importer”.

New Importer

A “New Importer” is a trader who has imported at least 50 tonnes of fruit and vegetables (as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013), either in each of the two previous calendar years, or the two previous completed 12 month import tariff quota periods. For reference, the eligible products are listed in Annex 2 of this notice. In addition, you must be established and registered for VAT in the Member State where you make your application. You must provide us with a copy of your current VAT registration certificate.

Traditional Importer

A “Traditional Importer” is a trader who has imported at least 50 tonnes of fruit and vegetables (as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013), either in each of the two previous calendar years, or the two previous completed 12 month import tariff quota periods. For reference, the eligible products are listed in Annex 2 of this notice.

In addition, you must have obtained and used garlic ‘A’ licences in each of the three previous completed import tariff quota periods. These periods must be consecutive (an import tariff quota period runs from 1 June in one year to 31 May in the following year).

For traditional importers, a reference quantity will be established based on an average of all the fresh garlic imported by the trader in each of the previous three calendar years.

In addition to the above requirements, you must be established and registered for VAT in the Member State where you make your application. You must provide us with a copy of your current VAT registration certificate.

Proof of Trade

If you use electronic licences, we will need to see a schedule giving details of:

• The licence number(s);
• The date(s) of import;
• The weight of each electronic attribution; and
• The import entry number for each electronic attribution.

If you use paper licences, or the commodity is non-licensable, you must supply the original C88 import documents or copies certified as a “true copy” of the original, stamped and signed by H M Revenue & Customs. We will not accept photocopies of the Customs stamp or scanned versions of these documents.

To request endorsement of a declaration at the time of entry, you should enter the code “CAP11” in box 44 of your declaration. You do not need to enter any additional text with this code.

You must fax a copy of the entry and any supporting documents (clearly marked as ‘request for endorsement’) to the H M Revenue & Customs (HMRC) National Clearance Hub (NCH) on 03000 588 462.

You can also e-mail the HMRC National Clearance Hub at nch@hmrc.gov.uk

C88s which were not endorsed at the time of import must be sent for endorsement to:

H M Revenue & Customs
National Clearance Hub
1st Floor West, Ralli Quays,
3 Stanley Street,
Salford.
M60 9LA

Telephone number: 03000 588 454 Fax number: 03000 588 462

Please advise HMRC that the endorsements are required for GATT purposes.

You should only ask HMRC to endorse the number of copy entries necessary for the relevant regulation. If you send more copies than is necessary, it may delay the return of your endorsed copy entries.

HMRC agents or representatives cannot apply for import licences under these quota arrangements.

We will also need to see a copy of your current VAT certificate.

Proof that you meet these requirements must be submitted each year prior to your first application in that quota year.

Available Quantities and Distribution

The available quantities under this quota are set out in Annex 1.

These quantities will be split as follows: 1. 70% of the quota is set aside for traditional importers; 2. 30% of the quota is set aside for new importers.

Applying for a Licence

Before you submit a licence application, you must make sure that you are registered with the RPA. If your company is not registered, a company director or another individual legally responsible for the business must apply for a six digit Trader Registration Number.

You will need to telephone our Rural Payments Helpline on 03000 200 301 and select option 2, followed by option 1, and then option 3 and ask to be registered as a trader. (These options are correct at the time of publication, but are liable to change without notice).

Further information is available on our website, however, not all of the information is available there. If you require assistance with the forms detailed below, please contact the Import Licensing Team.

You must submit your licence applications using an AGRIM import licence application form. We advise you to use the latest version of the application form, which you can find on GOV.UK.

You can submit your licence application either by post or by e-mail. The e-mail address for licence applications is trader@rpa.gov.uk.

We must receive your quota application during the first seven calendar days of: April, July, October and January.

It is your responsibility to ensure that your application, all supporting documentation, and the security are correct at the time of submission. They must be received by the RPA no later than 12-noon on Tuesday 7 April 2020.

Note: We will reject any applications where the security and / or proof of trade is received after 12-noon on Tuesday 7 April 2020.

Applications from New Importers must not exceed 10% of the total quantity available in each sub period, for the country of origin of the product for which you are applying.

Applications submitted by a Traditional Importer in any import tariff quota period must not exceed their reference quantity.

As part of the garlic import tariff quota, licence applications must include the following entries:

• Box 8 of your application must state the country of origin of the product and you must select this as ‘Yes’. Licences will carry an obligation to import from the exact country stated;
• Box 20 of your application must contain the correct import tariff quota order number. You must also state whether you are applying as a ‘Traditional Importer’ or a ‘New Importer’.

You must not lodge more than one import licence application for the same quota order number in a sub-period.

Note: If you lodge more than one application for the same quota order number, all of your applications will be rejected.

Security

Security of €60 per tonne must be lodged with each licence application. You can find further information on how to lodge your security on GOV.UK.

Issuing Licences

Your quota licence will be issued from 23 April to 30 April 2020. It will be valid from 1 June 2020 to 31 August 2020. Licences are not transferable.

Your licence will have a 5% upward tolerance. However, the reduction in duty will only be valid for the quantities shown in sections 17 and 18 of your licence.

Returning Licences

You must return your paper licence within 60 days of the expiry date. If you return your licence more than 60 days after the expiry date, you will lose a proportion of your licence security. If you do not return your licence to us, you will lose all of your security.

Authority

You can find details of the arrangements in Commission Implementing Regulation (EU) No 341/2007. You can obtain copies from Stationery Office bookshops and accredited agents, or order them from the Stationery Office website.

You can also access Official Journals electronically by visiting the Commission’s Europa website. We are not responsible for the accuracy or completeness of the Europa website. Whilst every care has been taken in producing this guidance, the regulations as published are definitive.

Questions

If you have any questions about this notice, please contact the Import Licensing Team as follows:

• Our telephone helpline number – 03300 416 500 (Option 2)
• E-mail contact – trader@rpa.gov.uk
• Our postal address is:

Import licencing Team
Rural Payments Agency
Lancaster House
Hampshire Court
Newcastle Business Park
Newcastle Upon Tyne
NE4 7YH

Annex 1

Tariff quotas opened pursuant to Decisions 2001/404/EC, 2006/398/EC and 2014/116/EU for imports of garlic falling within CN code 0703 20 00

Origin	Order number	First sub period (June to August)	Second sub period (September to November)	Third sub period (December to February)	Fourth sub period (March to May)	Total
Argentina						19 147 000
Traditional Importers	09.4104	–	–	9 590 000	3 813 000
New Importers	09.4099	–	–	4 110 000	1 634 000
Total		–	–	13 700 000	5 447 000
China						48 225 000
Traditional Importers	09.4105	8 664 000	8 664 000	7 548 000	8 884 000
New Importers	09.4100	3 713 000	3 713 000	3 233 000	3 806 000
Total		12 377 000	12 377 000	10 781 000	12 690 000
Other Third Countries**						6 023 000
Traditional Importers	09.4106	941 000	1 960 000	929 000	386 000
New Importers	09.4102	403 000	840 000	398 000	166 000
Total		1 344 000	2 800 000	1 327 000	552 000
TOTAL		13 721 000	15 177 000	25 808 000	18 689 000	73 395 000

**Other Third Countries – Excluding China and Argentina.

Annex 2

List of products which can be imported to qualify for the Garlic Quota

Products listed in Article 1(2)(i) of Regulation (EU) No 1308/2013

CN Code	Description
0702 00 00	Tomatoes, fresh or chilled
0703	Onions, shallots, garlic, leeks, and other alliaceous vegetables, fresh or chilled
0704	Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
0705	Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled
0706	Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled
0707 00	Cucumbers and gherkins, fresh or chilled
0708	Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709	Other vegetables, fresh or chilled, excluding vegetables of sub-headings 0709 60 91, 0709 60 95, 0709 60 99, 0709 92 10, 0709 92 90 and 0709 99 60
ex 0802	Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within sub-heading 0802 70 00 and 0802 80 00
0803 10 10	Fresh plantains
0803 10 90	Dried plantains
0804 20 10	Figs, fresh
0804 30 00	Pineapples
0804 40 00	Avocados
0804 50 00	Guavas, mangos and mangosteens
0805	Citrus fruit, fresh or dried
0806 10 10	Fresh table grapes
0807	Melons (including watermelons) and pawpaws (papayas), fresh
0808	Apples, pears and quinces, fresh
0809	Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
0810	Other fruit, fresh
0813 50 31 0813 50 39	Mixtures exclusively of nuts of CN codes 0801 and 0802
0910 20	Saffron
ex 0910 99	Thyme, fresh or chilled
ex 1211 90 86	Basil, Melissa, mint Organum vulgare (oregano / wild marjoram), rosemary, sage, fresh or chilled
1212 92 00	Locust beans (carob)