EXPLANATORY STATEMENT
DEPARTMENT OF AGRICULTURE, FISHERIES & FORESTRY
AUSTRALIAN MEAT AND LIVE‑STOCK INDUSTRY
(HIGH QUALITY BEEF EXPORT TO THE EUROPEAN UNION) AMENDMENT ORDER 2009
1. Statutory basis
1.1 Under the Australian Meat and Live‑stock Industry Act 1997, the Secretary of the Australian Government Department of Agriculture, Fisheries and Forestry (DAFF) may require the holder of an export licence to obtain prior approval for each export of a particular kind.
1.2 This order is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
2. Background to amendment order
2.1 In November 2009 the European Commission (EC) granted Australia access to European Union’s new global beef quota of 20,000 tonnes. Access to this quota is restricted to countries that can satisfy the EC that the quota product meets specifications stipulated in EC regulations. The EC recognises the Department of Agriculture, Fisheries and Forestry (DAFF) as the agency that can certify that the quota product meets those specifications.
2.2 Australian licensed exporters who wish to ship product under the new in-quota tariff rates arrangements must apply for a certificate from DAFF.
2.3 This amendment to the Australian Meat and Live-stock Industry (High Quality Beef Export to the Union) Order 2009 (the order) provides the mechanism for exporters to access the new quota through certification.
3. Amendments
1 – Section 3, definition of consignment. This provides for the distinction between high quality beef, which relates to Australia’s country specific quota of 7,150 tonnes, and the new quota product which will be known as “grain fed high quality beef.”
2 – Section 3, after the definition of EU reduced tariff. This provides for the rate of tariff for grain fed high quality beef to be as set out in article 1 (2) of Council Regulation (EC) No 617/2009 of the European Union.
3 – Section 3, after definition of exporter. This provides for the recognition of grain feed high quality beef to be meat that meets the description in Annex 1 to Commission Regulation (EC) No 620/2009 of the European Union.
4 – Section 5, heading. This substitutes the current heading of Section 5 of the order, which is “No export without approval and certificate” and inserts the new heading “No export without approval and certificate – quota meat.”
5 – Section 5A. This creates a new section specifically for exporters to access the new quota. It distinguishes the grain fed high quality beef access provisions from the existing high quality beef quota provisions and provides for the direction that exporters must obtain a certificate to export under the new quota arrangements.
6 – Section 17, heading. This section substitutes the current heading of Section 17 of the order, which is “How to obtain a certificates” and inserts the new heading “How to obtain certificates – quota meat.”
7 – Section 17A. This creates the new section on how to obtain certificates for grain fed high quality beef. It distinguishes the certificate arrangements for the new quota from the existing high quality beef quota and directs that exporters must obtain a certificate to export under the new quota.