16Working out amount of non‑standard tariff rate quota entitlements—new entrants

16 Working out amount of non‑standard tariff rate quota entitlements—new entrants

(1) If an exporter is eligible for the allocation of non‑standard tariff rate quota entitlement for a quota year under section 12, 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’s request amount for the quota year is 12 tonnes or less—the exporter’s non‑standard tariff rate quota entitlement for the quota year is that request amount; (b) if: (i) the exporter’s request amount for the quota year is more than 12 tonnes; and (ii) the yearly average of the exporter’s recorded shipments of high quality beef to the EU for each of the previous 2 quota years is less than that request amount; the exporter’s non‑standard tariff rate quota entitlement for the quota year is 12 tonnes; (c) if: (i) the exporter’s request amount for the quota year is more than 12 tonnes; and (ii) the yearly average of the exporter’s recorded shipments of high quality beef to the EU for each of the previous 2 quota years is at least that request amount; the exporter’s non‑standard tariff rate quota entitlement for the quota year is the lower of that request amount and 36 tonnes. (2) However, if the total amount of non‑standard tariff rate quota entitlements for a quota year allocated to new entrants under subsection (1) would exceed 500 tonnes, the Secretary must reduce the non‑standard tariff rate quota entitlement allocated to each new entrant proportionally so that the total amount for the quota year does not exceed 500 tonnes.