Agricultural products (Tariff Rate Quota)

Member:

Legislations

Products

Basic information

Outline of the system

The United Kingdom (UK) operates a system of import licences in order to administer tariff rate quotas (TRQs) by the simultaneous examination method for certain agricultural products arising from obligations at the WTO or resulting from arrangements with the government of a country or territory of a country outside the UK.

Product coverage

Please see Products "Agricultural products (Tariff Rate Quota)"

Nature of licensing

Automatic

If Automatic, administrative purpose

Non-Automatic

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Non-automatic licensing for Quota (including TRQ) administration

Products under restriction as to the quantity or value of imports

Questions for products under restriction as to the quantity or value of imports

For full details of those goods requiring an import licence to access a TRQ please see Part C of the Tariff Quotas Document published alongside the Customs (Tariff Quota) (EU Exit) Regulations 2020.

The system applies to products originating from which country?

Expected duration of licensing procedure

Ongoing

Legal requirements

Is the licensing statutorily required?

Retained EU law
1. Commission Delegated Regulation (EU) No. 2016/1237 of 18 May 2016 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation
(EU) No. 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No. 2535/2001, (EC) No. 1342/2003, (EC) No. 2336/2003, (EC) No. 951/2006, (EC) No. 341/2007 and (EC) No. 382/2008 and repealing Commission Regulations (EC) No. 2390/98, (EC) No. 1345/2005, (EC) No. 376/2008 and (EC) No. 507/2008 (Text with EEA relevance).
2. Regulation (EU) No. 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037/2001 and (EC) No. 1234/2007.
3. Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No. 352/78, (EC) No. 165/94, (EC) No. 2799/98, (EC) No. 814/2000, (EC) No. 1290/2005 and (EC) No. 485/2008.
4. Commission Regulation (EC) No. 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No. 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas.
5. Commission Regulation (EC) No. 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice.
6. Commission Implementing Regulation (EU) No. 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No. 1307/2013 and (EU) No. 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations.
7. Commission Regulation (EC) No. 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No. 318/2006 as regards trade with third countries in the sugar sector.
8. Commission Regulation (EC) No. 341/2007 of 29 March 2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries.
9. Commission Regulation (EC) No. 382/2008 of 21 April 2008 on rules of application for import and export licences in the beef and veal sector (Recast).
10. Commission Implementing Regulation (EU) No. 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences.

UK legislation

11. The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019.
12.The Customs (Tariff Quota) (EU Exit) Regulations 2020.

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

Is it possible for the government to abolish the system without legislative approval?

Eligibility of applicants

Is there a system of registration of persons or firms permitted to engage in importation?

What persons or firms are eligible to apply for a licence?

Is there a registration fee?

Is there a published list of authorized importers?

Contact point for information on eligibility

Ministry/Authority

Rural Payments Agency

Address

Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH

Telephone

+44 (0) 3300 416500

Fax

E-mail address

trader@rpa.gov.uk

Website

Contact officer

Submission of an application

Administrative body(ies) for submission of an application

Rural Payments Agency

Documentation requirements

What information is required in applications?

What documents is the importer required to supply with the application?

Window of submission of an application

How far in advance of importation must application for a licence be made?

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Issuing the license

Can a licence be granted immediately on request?

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

Which administrative body is responsible for approving application of licences?

Must the applications be passed on to other organs for visa, note or approval?

Are there any other conditions attached to the issue of a licence?

Fees and other administrative charges

Is there any licensing fee or administrative charge?

What is the amount of the fee or charge?

Is there any deposit or advance payment required associated with the issue of licences?

Amount or rate?

Is it refundable?

What is the period of retention?

What is the purpose of this requirement?

Refusal of an application

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Are the reasons for any refusal given to applicants?

Have applicants a right of appeal in the event of refusal to issue a licence?

If so, to what bodies and under what procedures?

Importation

Are there any limitations as to the period of year during which importation may be made?

What documents are required upon actual importation?

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Conditions of licensing

What is the period of validity of a licence? Can the validity be extended? How?

Is there any penalty for the non-utilization of a licence or a portion of a licence?

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Foreign Exchange

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Is a licence required as a condition to obtaining foreign exchange?

Is foreign exchange always available to cover licences issued?

What formalities must be fulfilled for obtaining the foreign exchange?

The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)

6.1

Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

6.2

Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?

6.3

Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)

6.4

From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

6.5

What are the minimum and maximum lengths of time for processing applications?

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

6.7

Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

6.8

If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

6.9

In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

6.10

In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

6.11