The Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023

• Citation: S.I. 2023/195
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Customs Tariff (Preferential Trade Arrangements and Tariff Quotas) (Australia) (Amendment) Regulations 2023.

(2) These Regulations come into force on the date on which the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia signed on 16th December 2021 (“ the Australia Agreement ”) enters into force.

(3) The Secretary of State must give notice in the London Gazette, as soon as reasonably practicable, of the date on which the Australia Agreement enters into force.

(4) These Regulations extend to the United Kingdom.

Section 2 Amendment to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020

(1) The table in Schedule 1 to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020 (which relates to agreements to which those Regulations apply) is amended as follows .

(2) In a new row to be inserted immediately above the entry in respect of the Interim Agreement establishing an Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Republic of Cameroon, of the other part, signed on 9th March 2021—

(a) in the first column insert—

Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia signed on 16th December 2021.

(b) in the second column insert—

The Australia Preferential Tariff, version 1.0, dated 20th February 2023.

(c) in the third column insert—

The Australia Origin Reference Document, version 1.0, dated 20th February 2023.

Section 3 Amendment to the Customs (Tariff Quotas) (EU Exit) Regulations 2020

(1) The Customs (Tariff Quotas) (EU Exit) Regulations 2020 are amended as follows.

(2) In regulation 21(1) (interpretation of Part 3), after the definition of “quota” insert—

“ specified quota ” means any of the following quotas—

05.4970;

05.4971;

05.4972;

05.4973;

05.4974;

05.4975;

05.4976;

(3) In regulation 25 (application procedure)—

(a) for paragraph (3), substitute—

(3) An application for an import licence in respect of—

(a) a specified quota, or

(b) a quota for which a certificate of authenticity or an Inward Monitoring Arrangement certificate is required to be submitted under regulation 23(6) or, as the case may be (7),

may be received at any time.

(b) for paragraph (4)(b), substitute—

(b) an applicant may make more than one such application per month if the application is for—

(i) a specified quota, or

(ii) a quota for which a certificate of authenticity or an Inward Monitoring Arrangement certificate is required to be submitted under regulation 23.

(4) After regulation 33(3) (export certificates) insert—

(4) Paragraphs (5) and (6) apply only in respect of an application for an import licence to make use of a specified quota.

(5) Once an export certificate has been submitted with a licence application, it cannot be used in connection with any other application for an import licence.

(6) The original export certificate must be retained by the Secretary of State.

(5) In regulation 35(4) (issue and period of validity of the licence), after sub-paragraph (b), insert—

;

(c) in respect of a specified quota is valid for the period beginning with the day on which the licence was issued and ending with the day on which the quota period ends

(6) In Schedule 2 (licensing table)—

(a) after the final row in the table headed “Part B: preferential quotas” insert—

(b) at the end of the footnotes following that table insert—

(9) Department of Agriculture, Fisheries and Forestry, Australia.