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Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2005
I, ALLEN GRANT, delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, make this Order under section 17 of the Australian Meat and Live-stock Industry Act 1997. Dated 29th March 2005 Allen Grant General Manager, Meat, Wool and Dairy Department of Agriculture, Fisheries and Forestry
Contents Page Part 1 Preliminary 2 1 Name of Order 2 2 Commencement 2 3 Definitions 3 Part 2 Prohibition of exports 5 4 No export without approval and certificate 5 Part 3 EU quota entitlement 5 5 What this Part does 5 6 How EU quota entitlement is obtained 5 7 Applications for EU quota entitlement 5 8 Standard EU quota entitlement 6 9 How much non-standard EU quota entitlement may be allocated 7 10 Non-standard EU quota entitlement 7 11 Transfer of EU quota entitlement 8 Part 4 Approvals 8 12 How to obtain approval for exports 8 13 Approval to export from the uncommitted amount 9 14 Exports that are unlikely to be accepted into EU 9 15 Duration of approvals 10 16 How much quota meat an exporter has exported 10 17 When unused EU quota entitlement lapses 11 Part 5 Certificates 11 18 How to obtain certificates 11 19 Certificates obtained before 1 July 2005 12 20 When certificates lapse 12 21 What counts as a recorded shipment 12 22 Errors in recorded shipments 12 Part 7 Miscellaneous 12 23 Where to send notices and documents 12 24 Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2004 — repeal 13 25 Cessation 13
Part 1 Preliminary 1 Name of Order This Order is the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2005. 2 Commencement This Order commences on registration on the Federal Register of Legislative Instruments. 3 Definitions In this Order: 2004/2005 means the period of 12 months beginning on 1 July 2004. 2005/2006 means the period of 12 months beginning on 1 July 2005. access amount, for a year, means the total shipped weight of quota meat that may, under the law of the EU, be exported to the EU in the year. Note This is currently 7 000 tonnes — see European Commission Regulation (EC) No 936/97, Article 2 (b). Act means the Australian Meat and Live-stock Industry Act 1997. approval means an approval to export a consignment of quota meat under Part 4. AQIS means the Australian Quarantine and Inspection Service. AUS-MEAT means AUS-MEAT Limited (ACN 082 528 881). AUS-MEAT handbook cut number, for a cut of meat, means the number for that cut of meat set out in the AUS-MEAT RFP Cut Code Reference Booklet – 1999, published by AUS-MEAT, as amended and in force at the commencement of this Order. AUS-MEAT meat type cipher, for a type of meat, means the cipher for that type of meat set out in the AUS-MEAT RFP Cut Code Reference Booklet – 1999, published by AUS-MEAT, as amended and in force at the commencement of this Order. certificate means a certificate issued under section 18. Note Part 5 provides for the issue of certificates. Certificates are required by the EC to prove the authenticity of each consignment of high quality beef exported to the EU within the quota. consignment means a single shipment of quota meat (by sea or air) by an exporter to a single consignee. consignment information, for a consignment, means: (a) if the information required to be given to AQIS or the Department about a consignment by section 3 of Order No. M67/94 is given to AQIS as required by paragraph 3 (b) of that Order — that information; or (b) if the information is given to the Department by way of a Form 4, 9 or 10 under that Order — the information in the form. Department means the Australian Government Department of Agriculture, Fisheries and Forestry Note – See section 19A of the Acts Interpretation Act 1901 and the Administrative Arrangements Order published in the Gazette on 27 October 2004. EC means the European Commission. eligible exporter means an exporter: (a) to whom EU quota entitlement is allocated or to whom EU quota entitlement is transferred; and (b) who exports quota meat to the EU under the quota entitlement. establishment means premises that: (a) are under the full-time inspection and supervision of AQIS; and (b) are registered under the Export Control Act 1982; and (c) have been accredited by AUS-MEAT and AQIS for the export of meat to the EU. EU means the European Union. EU quota entitlement, for an eligible exporter, means the total, after taking into account any transfers under section 11, of the exporter’s: (a) standard EU quota entitlement; and (b) non-standard EU quota entitlement. EXDOC means the electronic documentation system maintained by AQIS. exporter means the holder of a meat export licence allowing the holder to export high quality beef to the EU. high quality beef means beef that meets the description of ‘high quality beef’ in paragraph (b) of Article 2 of Commission Regulation No. 936/97 of the European Union. Note That description is as follows: ‘…meat covered by EU Common Nomenclature (CN) Codes 0201 20 90, 0201 30, 0202 20 90, 0206 10 95 and 0206 29 91 and meeting the following definition: “Selected cuts of fresh, chilled or frozen beef obtained from bovine animals that do not have more than 4 permanent incisor teeth, the carcases of which have a dressed weight of not more than 327 kilograms (720 pounds), a compact appearance with good eye of meat of light and uniform colour, and adequate but not excessive fat cover … The meat shall be certified ‘high quality beef EC’.”.’. non-standard EU quota entitlement means quota entitlement allocated under section 10. QA Unit means the section of the Department known as the Quota Administration and Statistics Unit. Note The address of the Department’s QA Unit is given in section 23. quota meat means high quality beef other than: (a) product for ships’ stores; or (b) a product for which a certificate is not required by the EU. recorded shipments, for an exporter, means: (a) for 2004/2005, the recorded shipped weight of exports of quota meat by the exporter under the exporter’s EU quota under the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2004; and (b) for 2005/2006, the recorded shipped weight of exports of quota meat by the exporter under the exporter’s EU quota entitlement. Note In this Order, there is no provision for an exporter to claim credits for quota meat exported (previously referred to as ‘performance’) by another exporter under EU quota held by, or transferred to, that exporter. shipped weight, for quota meat, means the weight of the meat when it is loaded for shipment (whether it is bone-in or boneless). standard EU quota entitlement means entitlement that is allocated to an exporter under section 8. Part 2 Prohibition of exports 4 No export without approval and certificate An eligible exporter may export quota meat to a member country of the EU only if the Department has given an approval and issued a certificate for the consignment. Part 3 EU quota entitlement 5 What this Part does This Part sets out how EU quota entitlement is obtained and how to work out an exporter’s EU quota entitlement for 2005/2006. 6 How EU quota entitlement is obtained (1) The Secretary may invite exporters to apply for EU quota entitlement for 2005/2006. Note The Department intends to give exporters a notice (a quota notice) that states the shipped weight of quota meat that may be exported to the EU in 2005/2006 — see the Australian Meat and Live-stock (Quotas) Act 1990, section 5. (2) An exporter may apply to the Secretary for EU quota entitlement in accordance with section 7. (3) The Secretary may allocate EU quota entitlement in accordance with sections 8, 9 and 10. (4) An exporter may also receive EU quota entitlement by transfer under section 11 from another exporter who is an eligible exporter. 7 Applications for EU quota entitlement (1) An application for standard EU quota entitlement must be made in writing to the Department’s QA Unit in a form approved by the Secretary. (2) An application for non-standard EU quota entitlement must: (a) be made in writing to the Department’s QA Unit, in a form approved by the Secretary; and (b) be received by the Department’s QA Unit before 30 April 2005. Note 1 The Department intends to give exporters a notice (a quota notice) that states the shipped weight of quota meat that may be exported to the EU in 2005/2006 — see the Australian Meat and Live-stock (Quotas) Act 1990, section 5. It is also intended that the quota document will provide a form that may be used by exporters to apply to the Secretary of the Department for an allocation of standard EU quota entitlement. Note 2 The Department will seek applications from exporters that consider they are eligible for an allocation of non-standard EU quota entitlement. A notice will be issued to all beef exporters before 1 April 2005 seeking applications for allocation of non-standard EU quota entitlement and outlining the process for applying for the grant of entitlement. Applications will close on 30 April 2005. 8 Standard EU quota entitlement (1) If an exporter applies, in accordance with subsection 7 (1), for standard EU quota entitlement, the Secretary must allocate to the exporter as the exporter’s standard EU quota entitlement for 2005/2006 the following amount: where: AA is the access amount. EPAS is the exporter’s recorded shipments for 2004/2005. TPAS is the total of all exporters’ recorded shipments for 2004/2005. (2) However, if the amount worked out for an exporter under subsection (1) is less than 12 tonnes, that amount is disregarded. (3) If the Secretary allocates standard EU quota entitlement to an exporter under this section, the Secretary must give the exporter a notice that states the shipped weight of quota meat that the exporter is entitled to export under the quota entitlement. Note 1 The Department intends to give an eligible exporter a notice (a quota document) about its entitlement — see the Australian Meat and Live-stock (Quotas) Act 1990, section 6. It is intended that the quota document will state the shipped weight of quota meat that may be exported to the EU by the eligible exporter in 2005/2006. It is also intended that the quota document will identify any conditions on which the entitlement allocation is made. Note 2 The Department maintains an account (an entitlement account) for each eligible exporter. An eligible exporter’s entitlement is recorded in its entitlement account, and exports by the exporter are recorded in the account as debits. Note 3 The Secretary may vary any of the following: (a) the period of effect of an entitlement; (b) the shipped weight or description of goods covered by an entitlement; (c) any conditions applying to an entitlement. See the Act, section 28. Note 4 Certain decisions by the Secretary about an entitlement are reviewable by the Administrative Appeals Tribunal — see the Act, section 30. 9 How much non-standard EU quota entitlement may be allocated (1) The total shipped weight of non-standard EU quota entitlement must not be greater than 400 tonnes. (2) If, at the end of June 2005, the total shipped weight of non-standard EU quota entitlement that has been allocated is less than 400 tonnes, the Secretary may allocate an additional amount of standard EU quota entitlement to eligible exporters who have been granted a standard EU quota entitlement under section 8 in proportion to the quota entitlement granted to each exporter under that section. (3) The total shipped weight of standard EU quota entitlement that may be granted under subsection (2) must not be greater than 400 tonnes less the total shipped weight of non-standard EU quota entitlement that is granted. 10 Non-standard EU quota entitlement (1) An exporter is eligible for non-standard EU quota entitlement for an establishment if the exporter: (a) was not an eligible exporter during 2004/2005; or (b) acquires, before 30 June 2005, accreditation for the establishment from AUS-MEAT and AQIS to export meat to the EU. Note The Department will seek applications from exporters that consider they are eligible for an allocation of non-standard EU quota entitlement. A notice will be issued to all beef exporters before 1 April 2005 seeking applications for allocation of non-standard EU quota entitlement and outlining the process for applying for the grant of entitlement. Applications will close on 30 April 2005. Applicants are to be told of the Secretary’s decision by 31 May 2005. Any non-standard EU quota entitlement not allocated will be distributed to eligible exporters in June 2005 as a supplementary issue of standard EU quota entitlement. Exporters allocated non-standard EU quota entitlement will have their shipments to the EU reviewed at the end of February 2006 to confirm that the quota allocated is being utilised. Exporters not using that quota to the satisfaction of the Secretary may have the balance of their allocation withdrawn and placed in the uncommitted amount to be available for use by other exporters. (2) If an exporter that is eligible for non-standard EU quota entitlement applies, in accordance with subsection 7 (2), for quota entitlement of that kind, the Secretary may: (a) reject the application; or (b) allocate to the exporter the amount of quota entitlement of that kind stated in the application; or (c) allocate to the exporter an amount of quota entitlement of that kind less than the amount stated in the application. (3) In making a decision under subsection (2), the Secretary must take into account the guidelines in the document entitled Guidelines for the Allocation of Non-Standard Quota Entitlement for 2005-2006, published by the Department on 21 March 2005. Note The guidelines are available at the Department’s web site (www.affa.gov.au) or from the Department’s QA Unit at the address given in section 23. (4) If the Secretary allocates non-standard EU quota entitlement to an exporter under this section, the Secretary must give the exporter a notice that states the shipped weight of quota meat that the exporter is entitled to export under the quota entitlement. 11 Transfer of EU quota entitlement (1) An exporter may transfer all or part of its standard EU quota entitlement to another exporter in accordance with this section. Note There is no provision to return credits for quota meat exported (previously referred to as ‘performance’) from any EU quota transferred. (2) If an exporter (transferor) wishes to transfer all or part of its standard EU quota entitlement to another exporter (transferee), it must tell the Department’s QA Unit in writing: (a) the name of the transferor; and (b) the name of the transferee; and (c) the shipped weight, in kilograms, of EU quota entitlement to be transferred. (3) An exporter who is allocated non-standard EU quota entitlement cannot transfer any of that quota entitlement to another exporter. Part 4 Approvals 12 How to obtain approval for exports (1) An eligible exporter must obtain a separate approval for each consignment to be exported. (2) An application for approval must include the following information for the consignment: (a) the applicant’s name; (b) the exporter’s export licence number; (c) for the meat to be exported: (i) its type; and (ii) its AUS-MEAT meat type cipher; and (iii) its AUS-MEAT handbook cut number; and (iv) its shipped weight (in kilograms); and (v) whether it is chilled or frozen; and (vi) whether it is bone-in or boneless, and the shipped weight of it in each form; and (vii) the establishment number of the establishment that prepared the meat; (d) the name of the importer; (e) the name of the ship and the voyage, or the air freight carrier and flight number, to be used; (f) the intended port of loading and the expected date of loading; (g) the name of the final destination country; (h) the intended port of discharge. (3) An application for approval: (a) cannot be made to the Department before the exporter receives a notice under subsection 8 (3) or 10 (4) about its EU quota entitlement; and (b) must be lodged with the Department’s QA Unit by 5.00 pm on 1 March 2006. (4) The Secretary must give an approval to export a consignment of quota meat if: (a) the exporter lodges an application for the approval in accordance with this section; and (b) the total shipped weight of quota meat exported by the exporter, plus the shipped weight of the consignment, is not greater than the exporter’s EU quota entitlement. 13 Approval to export from the uncommitted amount (1) An eligible exporter may apply, after 3 March 2006, for approval to export quota meat up to the access amount if: (a) an amount of EU quota entitlement lapses under section 17; and (b) the total shipped weight of consignments approved under this Part is less than the access amount. (2) Section 12 (except paragraph 12 (3) (b)) applies to an application under this section. (3) The Secretary must give an approval to export a consignment of quota meat if: (a) the exporter lodges an application for the approval in accordance with this section; and (b) the total shipped weight of quota meat exported by all eligible exporters, plus the shipped weight of the consignment, is not greater than the access amount. 14 Exports that are unlikely to be accepted into EU An eligible exporter who is given an approval before 1 May 2006 must tell the Department’s QA Unit in writing before 1 June 2006 if it is likely that a consignment will not be accepted for entry into a member country of the EU before 1 July 2006. 15 Duration of approvals (1) An approval (other than an approval given after application under subsection 13 (1)) lapses if the exporter to whom it is given does not receive a certificate for the consignment before the earlier of: (a) 15 June 2006; or (b) 3 months after the approval is given. (2) An approval given after application under subsection 13 (1) lapses if the exporter to whom it is given does not receive a certificate for the consignment within 4 weeks after the approval is given. (3) An approval under subsection 13 (3) lapses on 1 July 2006 if the consignment is not accepted into a member country of the EU before that day. 16 How much quota meat an exporter has exported (1) For this Part, an exporter is taken to have exported the shipped weight of quota meat shown in approvals given to the exporter under this Part. (2) However: (a) if the shipped weight of quota meat in a consignment is less than the shipped weight stated in the approval for the consignment, the exporter is not taken to have exported the difference if: (i) the identifying number of the approval is shown on the consignment information; and (ii) the exporter gives that information to the Department’s QA Unit by 5.00 pm on 1 March 2006; and (iii) the difference between the shipped weight of the consignment and the weight stated in the certificate for the consignment is not greater than 50 kilograms; and (b) if: (i) the shipped weight of a consignment is less than the weight stated in the certificate for the consignment; and (ii) apart from this paragraph, the exporter would be taken to have exported the difference; the exporter is not taken to have exported the difference if the exporter gives a copy of the certificate, annotated by the customs authority of the member country of the EU to which the consignment has been delivered to show the actual weight of meat exported, to the Department’s QA Unit by 5.00 pm on 1 March 2006; and (c) if an exporter is given approval for a consignment but does not export the consignment, the exporter is not taken to have exported the shipped weight of quota meat mentioned in the approval if the exporter gives all copies of the certificate for the consignment to the Department’s QA Unit by 5.00 pm on 1 March 2006; and (d) if an approval for a consignment lapses before 5.00 pm on 1 March 2006 and before the consignment is exported, the exporter is not taken to have exported the shipped weight of quota meat mentioned in the approval; and (e) if a consignment is refused entry to the EU, the exporter is not taken to have exported the consignment if the exporter returns all copies of the certificate for the consignment to the Department’s QA Unit by the earlier of: (i) 5.00 pm on 1 March 2006; or (ii) 3 months after the day the consignment leaves Australia. 17 When unused EU quota entitlement lapses (1) An eligible exporter must, before 15 February 2006, give to the Department a written declaration stating how it intends to deal with any unused EU quota entitlement and whether it intends to relinquish any of its quota entitlement. Note Before 15 February 2006, the Department intends to ask each eligible exporter to tell the Department, in writing, how it intends to deal with any unused quota entitlement. (2) If an eligible exporter is not given approval to export all the quota meat allowed by its EU quota entitlement by 5.00 pm on 3 March 2006, the unused quota entitlement lapses at that time. Note Any eligible exporter may apply for approval to export against lapsed EU quota entitlement — see section 13. Part 5 Certificates 18 How to obtain certificates (1) An eligible exporter may obtain a certificate for a consignment for which the Department has given an approval by: (a) lodging an entry for the consignment in the EXDOC system; or (b) completing a certificate for the consignment in a form approved by the Secretary, and having the certificate endorsed by an authorised officer of AQIS. (2) An authorised officer who is given a certificate by an eligible exporter for endorsement under paragraph (1) (b) must endorse the certificate if the exporter has: (a) completed the certificate in a form approved by the Secretary; and (b) been given approval to export the consignment. (3) If an officer of AQIS endorses a certificate under paragraph (1) (b), the officer must give a copy of the certificate, showing the endorsement, to the Department’s QA Unit. 19 Certificates obtained before 1 July 2005 A certificate obtained before 1 July 2005, for a consignment that is to enter the EU after 30 June 2005, has no effect until 1 July 2005. 20 When certificates lapse A certificate lapses if the consignment to which it applies is not accepted for entry into a member country of the EU before 1 July 2006. Part 6 Recorded shipments 21 What counts as a recorded shipment (1) An exporter’s recorded shipments for 2005/2006 include only quota meat exported by it to the EU, within its EU quota entitlement, in 2005/2006. (2) However, an exporter’s recorded shipments do not include: (a) a consignment of quota meat that has been authorised as a gift pack; or (b) a consignment exported without approval; or (c) a consignment for which the exporter does not give the consignment information to the Department’s QA Unit. Note The Department keeps an account for each exporter showing the recorded shipped weight of exports to the EU by the exporter. The Department relies on consignment information to make entries in these accounts. The account is called Quota Account H. 22 Errors in recorded shipments (1) If an exporter believes that an account statement sent to it by the Department about the exporter’s recorded shipments contains an error, the exporter must tell the Department’s QA Unit in writing about it within 30 days after receiving the statement. (2) A notice of a possible error that is not given to the Department’s QA Unit within the period mentioned in subsection (1) is of no effect. Part 7 Miscellaneous 23 Where to send notices and documents If a section of this Order requires a person to give a document, lodge an application or provide information to the Department’s QA Unit, the document, application or information must be sent in 1 of the following ways: (a) by post, to: Department of Agriculture, Fisheries and Forestry
Quota Administration & Statistics Unit
GPO
Box 858
CANBERRA
ACT 2601 (b) by e-mail, to: quota.admin@affa.gov.au (c) by facsimile, to: 02 6272 4585. 24 Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2004 — repeal (1) The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2004 is repealed. (2) However, that Order, as amended and in force immediately before the commencement of this Order, continues to apply to consignments of quota meat that are exported to the EU before the end of 30 June 2005 as if that Order had not been repealed by this section. 25 Cessation This Order ceases to have effect at the end of 30 June 2006.
