17Additional allocations after 1 November

17 Additional allocations after 1 November

(1) The Secretary must, as soon as practicable after 1 November in a quota year, determine the additional amount of tariff rate quota entitlement for a quota type and the quota year to be allocated to each applicant under paragraph 15(2)(b) as follows: (a) if the total amount of tariff rate quota entitlements for the quota type and quota year revoked under sections 14, 15 and 16 (the revoked amount) exceeds the total of the amounts applied for under paragraph 15(2)(b)—allocate each applicant the amount applied for; and (b) otherwise—allocate each applicant the amount worked out using the following method statement.

Method statement

Step 1. Allocate each applicant either the amount worked out by using the formula in section 12 or the amount applied for, whichever is lower. For this purpose:

(a) replace references in the formula to AA with references to the revoked amount; and

(b) replace references to all applicants with references to applicants under paragraph 15(2)(b).

Step 2. If after this there remains both an unallocated revoked amount and applicants who were allocated less than the amount applied for, use the formula in section 12 to distribute the remaining revoked amount among the remaining applicants. For this purpose:

(a) replace references in the formula to AA with references to the remaining revoked amount; and

(b) replace references to all applicants with references to remaining applicants.

Step 3. Allocate to each remaining applicant either:

(a) the amount distributed to the applicant at step 2; or

(b) if the amount distributed at step 2 together with the total amount already allocated to the applicant exceeds the amount the applicant applied for—the difference between the amount applied for and the total amount already allocated.

Step 4. Reapply steps 2 and 3 in relation to any remaining unallocated revoked amount and applicants who were allocated less than the amount applied for (treating references to step 2 as references to the most recently performed step 2), until each remaining applicant has been allocated the amount applied for or all the remaining revoked amount has been allocated.

Step 5. Round the amounts allocated to the nearest kilogram, with 0.5 of a kilogram to be rounded up. If after this the sum of the amounts exceeds the revoked amount, round all the amounts down to the nearest kilogram instead.

(2) The Secretary must give each applicant a written notice stating: (a) whether the applicant is allocated an amount for the quota type and quota year under this section; and (b) if so—the amount allocated.