Notice to Traders 20/20
Updated 9 June 2021
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This publication is available at https://www.gov.uk/government/publications/notice-2020-imports-of-garlic-under-commission-regulation-eu-no-3412007/notice-to-traders-2020
Imports of garlic Under Commission Regulation (EU) no. 341/2007
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 sub periods. Details of the quantities available are outlined in Annex 1 of this notice.
Background
The following must be supplied to be 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.
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(1)(i) of Regulation (EC) No 1308/2013) in each of the two previous calendar years, or the previous two complete 12-month import tariff quota periods (an import tariff quota period runs from 1 June of one year to 31 May of the following year). For reference, the products have been listed in Annex 2.
In addition to the above you must be established and registered for VAT in the Member State where you apply. 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(1)(i) of Regulation (EC) No 1308/2013) during the previous completed import tariff quota period preceding your application. For reference, the products have been listed in Annex 2.
You must also 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 runs from 1 June of one year to 31 May of the next).
For traditional importers a reference quantity will be established based upon the average of all the garlic (‘A’ and ‘B’ licences) imported by the trader in the previous three calendar years.
In addition to the above you must be established and registered for VAT in the Member State where you apply. You must provide us with a copy of your current VAT registration certificate.
Proof of Trade
The proof we require will be as follows:
- A list of licence numbers (if the licences were issued in electronic format) and quantities used;
- Copies of C88 documents, stamped and signed by customs as true and certified (if the licence was issued in paper format or the commodity is non- licensable).
- In addition we require a copy of your VAT Certificate.
Proof that you meet these requirements must be submitted each year prior for your first application for a quota year.
Note: For full details on providing proof of trade and applying for licences, please refer to Notice to Traders 08/20. If you do not follow the rules of the scheme, your application will be rejected.
Available quantities and distribution
The available quantities under these quotas are set out in Annex 1. These quantities will be split as follows:
-
70% of the quota is set aside for traditional importers
-
30% of the quota is set aside for new importers
Applying for licences
Quota applications must be received during the first seven calendar days of April, July, October and January.
It is your responsibility to ensure that your application, security and all supporting documentation, are correct at the time of submission. They must be received by the RPA by no later than Tuesday 7 July 2020.
Note: We will reject any applications where the application, securities and / or proof of trade are received after 12-noon on Tuesday 7 July 2020.
We advise you to use the latest version of the application form, which you can find by searching for ‘AGRIM: Import licence application form for agricultural products’ on GOV.UK. You can also find information on the changes to licensing rules in Notice to Traders 38/16.
You can submit applications either by post or e-mail. The e-mail address for licence applications is trader@rpa.gov.uk
Applications for New Importers must not exceed 10% of the quantity available in each sub period, for the country of origin of 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 ‘Traditional Importer’ or ‘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 by searching for ‘Licence securities for the import/export of agricultural products’ on GOV.UK.
Issuing Licences
Your quota licence will be issued from 23 July to 31 July 2020. It will be valid for three months from 1 September. Licences are not transferrable.
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 do not return your paper licence within 60 days you will lose a proportion of your licence 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 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.
Enquiries
If you have any questions regarding this notice, please contact the Import Licensing team as follows:
Telephone helpline number – 03300 416 500 (option 2) E-mail address – trader@rpa.gov.uk
Our postal address is:
Import Licensing 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
Quota (kilogrammes)
| Origin | Order number | Second sub period (September to November) | Third sub period (December to February) | Fourth sub period (March to May) |
|---|---|---|---|---|
| Argentina | ||||
| 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 | ||||
| Traditional importers | 09.4105 | 9,743,731 | 7,548,000 | 8,884,000 |
| New importers | 09.4100 | 3,713,007 | 3,233,000 | 3,806,000 |
| Total | 13,456,738 | 10,781,000 | 12,690,000 | |
| Other third countries | ||||
| Traditional importers | 09.4106 | 2,901,000 | 929,000 | 386,000 |
| New importers | 09.4102 | 1,243,000 | 398,000 | 166,000 |
| Total | 4,144,000 | 1,327,000 | 552,000 |
Annex 2
List of products which can be imported to qualify for the Garlic quota
Products listed in Article 1(1)(i) of Commission Regulation (EC) No 1234/2007
| 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 90 31, 0709 90 39 and 0709 90 60 |
| ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts of sub-heading 0802 90 30 |
| 0803 00 11 | Fresh plantains |
| ex 0803 00 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 dried nuts of CN Nos 0801 and 0802 |
| 0910 20 | Saffron |
| ex 0910 99 | Thyme, fresh or chilled |
| ex 1211 9085 | Basil, Melissa, mint, origanum vulgare (oregano / wild marjoram), rosemary, sage, fresh or chilled |
| 1212 99 30 | Locust (or carob) beans |