31Calculation of tariff rate quota entitlement allocated from standard access amount

31 Calculation of tariff rate quota entitlement allocated from standard access amount

(1) For the purposes of paragraph 30(2)(b), the amount of tariff rate quota entitlement to be allocated to an applicant for a quota type and a quota year is: (a) if the amount of the applicant’s redistributed individual entitlement for the quota type and quota year is equal to the amount of tariff rate quota entitlement the applicant applied for—that amount; (b) if the amount of the applicant’s redistributed individual entitlement is less than the minimum quota allocation for the quota type and quota year and paragraph (a) does not apply—nil; and (c) if neither paragraph (a) nor (b) applies—the amount worked out using the formula in subsection (2), subject to subsections (3) to (6).

Note: For an applicant’s redistributed individual entitlement, see subsections 32(7) to (14). This is worked out from an applicant’s initial individual entitlement (see subsections 32(1) and (2)) and adjusted individual entitlement (see subsections 32(3) to (6)).

(2) For the purposes of paragraph (1)(c), the formula is: Start formula RIE plus open bracket start fraction Applicant's eligible past exports over Non-excess eligible past exports end fraction times Quota for redistribution close bracket end formula where:

applicant’s eligible past exports is the total weight of the applicant’s eligible past exports for the quota type and quota year.

non‑excess eligible past exports is the total weight of all eligible past exports, for the quota type and quota year, by all applicants to whose entitlement paragraph (1)(c) applies.

quota for redistribution is the sum of the redistributed individual entitlements of all applicants to whose entitlement paragraph (1)(b) applies.

RIE is the applicant’s redistributed individual entitlement.

Note: For an applicant’s redistributed individual entitlement, see subsections 32(7) to (14). This is worked out from an applicant’s initial individual entitlement (see subsections 32(1) and (2)) and adjusted individual entitlement (see subsections 32(3) to (6)).

(3) If the amount worked out under subsection (2) for any applicant (a quota‑filled applicant) is more than the amount of tariff rate quota entitlement the applicant applied for, then: (a) the amount of tariff rate quota entitlement to be allocated to each quota‑filled applicant is equal to the amount of tariff rate quota entitlement that applicant applied for; and (b) the amount of tariff rate quota entitlement to be allocated to each applicant to whom paragraph (1)(c) applies who is not a quota‑filled applicant must be recalculated under subsection (2); and (c) for the purposes of the recalculation: (i) each quota‑filled applicant is taken to be an applicant to whose entitlement paragraph (1)(a) applies; and (ii) the quota available for redistribution is taken to be reduced by the difference, for each quota‑filled applicant, between the amount of tariff rate quota entitlement that applicant applied for and the amount of that applicant’s redistributed individual entitlement. (4) The recalculation mentioned in subsection (3) must be repeated until subsection (3) no longer applies in relation to any applicant. (5) The amount of tariff rate quota entitlement to be allocated to each applicant, as calculated under subsections (1) to (4), must be rounded to the nearest kilogram, with 0.5 of a kilogram to be rounded up. (6) However, if the sum of the tariff rate quota entitlements to be allocated exceeds the standard access amount for the quota type and quota year, the amount of tariff rate quota entitlement to be allocated to each applicant must be rounded down to the nearest kilogram instead.