Export Control (Tariff Rate Quotas—General) Rules 2021
135Calculation of eligible past exports
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135 Calculation of eligible past exports
(1) This section sets out the method for determining, for the purposes of the application of sections 31, 32 and 46, a person’s total weight of eligible past exports for: (a) EU high quality beef for export to the European Union in each of the quota years beginning on 1 July 2021, 1 July 2022 and 1 July 2023; and (b) UK high quality beef and UK WTO high quality beef for export to the United Kingdom in each of the quota years beginning on 1 July 2021, 1 July 2022 and 1 July 2023. (2) Sections 66 and 89L do not apply in relation to the quota years mentioned in paragraphs (1)(a) and (b). Quota year beginning on 1 July 2021 (3) A person’s combined past exports amount for 2021 is the sum of: (a) the total weight of consignments of EU high quality beef exported by the person to the European Union for which tariff rate quota certificates were issued in the period beginning on 1 May 2018 and ending on 30 April 2021 (including exports to the United Kingdom for which certificates were issued on the basis that a consignment was a consignment of EU high quality beef); and (b) the total weight of consignments of UK high quality beef exported by the person to the United Kingdom for which tariff rate quota certificates were issued in the period beginning on 1 January 2021 and ending on 30 April 2021. (4) If the person is an applicant for tariff rate quota entitlement for EU high quality beef for export to the European Union in the quota year beginning on 1 July 2021, the person’s total weight of eligible past exports for that quota type and quota year is 34.6993% of the person’s combined past exports amount for 2021. (5) If the person is an applicant for tariff rate quota entitlement for UK high quality beef for export to the United Kingdom in the quota year beginning on 1 July 2021, the person’s total weight of eligible past exports for that quota type and quota year is 65.3007% of the person’s combined past exports amount for 2021. Quota year beginning on 1 July 2022 (6) A person’s combined past exports amount for 2022 is the sum of: (a) the total weight of consignments of EU high quality beef exported by the person to the European Union for which tariff rate quota certificates were issued in the period beginning on 1 May 2019 and ending on 30 April 2021 (including exports to the United Kingdom for which certificates were issued on the basis that a consignment was a consignment of EU high quality beef); and (b) the total weight of consignments of UK high quality beef exported by the person to the United Kingdom for which tariff rate quota certificates were issued in the period beginning on 1 January 2021 and ending on 30 April 2021. (7) If the person is an applicant for tariff rate quota entitlement for EU high quality beef for export to the European Union in the quota year beginning on 1 July 2022, the person’s total weight of eligible past exports for that quota type and quota year is the sum of: (a) 47.3986% of the person’s combined past exports amount for 2022; and (b) the total weight of consignments of EU high quality beef exported by the person to the European Union for which tariff rate quota certificates were issued in the period beginning on 1 May 2021 and ending on 30 April 2022. (8) If the person is an applicant for tariff rate quota entitlement for UK high quality beef for export to the United Kingdom in the quota year beginning on 1 July 2022, the person’s total weight of eligible past exports for that quota type and quota year is the sum of: (a) 52.6014% of the person’s combined past exports amount for 2022; and (b) the total weight of consignments of UK high quality beef exported by the person to the United Kingdom for which tariff rate quota certificates were issued in the period beginning on 1 May 2021 and ending on 30 April 2022. Quota year beginning on 1 July 2023 (9) A person’s combined past exports amount for 2023 is the sum of: (a) the total weight of consignments of EU high quality beef exported by the person to the European Union for which tariff rate quota certificates were issued in the period beginning on 1 May 2020 and ending on 30 April 2021 (including exports to the United Kingdom for which certificates were issued on the basis that a consignment was a consignment of EU high quality beef); and (b) the total weight of consignments of UK high quality beef exported by the person to the United Kingdom for which tariff rate quota certificates were issued in the period beginning on 1 January 2021 and ending on 30 April 2021. (10) If the person is an applicant for tariff rate quota entitlement for EU high quality beef for export to the European Union in the quota year beginning on 1 July 2023, the person’s total weight of eligible past exports for that quota type and quota year is the sum of: (a) 47.3986% of the person’s combined past exports amount for 2023; and (b) the total weight of consignments of EU high quality beef exported by the person to the European Union for which tariff rate quota certificates were issued in the period beginning on 1 May 2021 and ending on 30 April 2023. (11) If the person is an applicant for tariff rate quota entitlement for UK WTO high quality beef for export to the United Kingdom in the quota year beginning on 1 July 2023, the person’s total weight of eligible past exports for that quota type and quota year is the sum of: (a) 52.6014% of the person’s combined past exports amount for 2023; and (b) the total weight of consignments of UK high quality beef and UK WTO high quality beef exported by the person to the United Kingdom for which tariff rate quota certificates were issued in the period beginning on 1 May 2021 and ending on 30 April 2023.