15Working out amount of standard and non‑standard tariff rate quota entitlements—exporters other than new entrants

15 Working out amount of standard and non‑standard tariff rate quota entitlements—exporters other than new entrants

Standard tariff rate quota entitlement (1) If an exporter is eligible to be allocated standard tariff rate quota entitlement for a quota year under section 11, the Secretary must use the following rules to work out the exporter’s standard tariff rate quota entitlement for the quota year: (a) if the exporter’s notional standard tariff rate quota entitlement for the quota year is more than the exporter’s request amount for the quota year—the exporter’s standard tariff rate quota entitlement for the quota year is that request amount; (b) if the exporter’s notional standard tariff rate quota entitlement for the quota year is less than 1 tonne—the exporter’s standard tariff rate quota entitlement for the quota year is nil; (c) if neither paragraph (a) nor (b) applies—the exporter’s standard tariff rate quota entitlement for the quota year is the exporter’s notional standard tariff rate quota entitlement for the quota year. (2) The amount worked out by the Secretary using the following formula is the exporter’s notional standard tariff rate quota entitlement for a quota year: Image unavailable in extracted text where:

ERS is the total weight of the exporter’s recorded shipments of high quality beef to the EU in the period:

(a) starting on 1 May of a year that is 38 months before the start of the quota year; and
(b) ending on 30 April of the calendar year in which the quota year starts.

TRS is the total weight of all exporters’ recorded shipments of high quality beef to the EU in the period:

(a) starting on 1 May of a year that is 38 months before the start of the quota year; and
(b) ending on 30 April of the calendar year in which the quota year starts.

Non‑standard tariff rate quota entitlement (3) If the exporter is eligible to be allocated non‑standard tariff rate quota entitlement for a quota year under section 13, the Secretary must use the following rules to work out the exporter’s non‑standard tariff rate quota entitlement for the quota year: (a) if the exporter received an allocation of standard tariff rate quota entitlement for the quota year that was the exporter’s request amount for the quota year—the exporter’s non‑standard tariff rate quota entitlement for the quota year is nil; (b) subject to paragraph (c), if the exporter received an allocation of standard tariff rate quota entitlement for the quota year that was less than the exporter’s request amount for the quota year—the exporter’s non‑standard tariff rate quota entitlement for the quota year is that request amount less the amount of the exporter’s standard tariff rate quota entitlement for the quota year; (c) the combined allocation to the exporter of standard tariff rate quota entitlement for the quota year and non‑standard tariff rate quota entitlement for the quota year must not exceed 36 tonnes.