Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Amendment Order 2009 (No. 1)

Overview

The Australian Meat and Livestock Industry (High Quality Beef Export to the European Union) Amendment Order 2009 was introduced to address the need for a mechanism allowing Australian beef exporters to access a new global beef quota granted by the European Union. This amendment was enacted under the Australian Meat and Livestock Industry Act 1997, which empowers the Secretary of the Department of Agriculture, Fisheries and Forestry (DAFF) to regulate the export of beef to ensure compliance with international specifications. The policy objective behind this amendment was to facilitate Australian exporters in meeting the stringent specifications required by the European Commission to qualify for the preferential tariff rates under the new quota, thereby enhancing market access for Australian beef in the European Union.

Scope and Application

The Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Amendment Order 2009 applies to entities and individuals who are holders of export licenses under the Australian Meat and Live-stock Industry Act 1997 and wish to export beef to the European Union. This includes Australian licensed exporters who seek to take advantage of the new European Union global beef quota of 20,000 tonnes, with a specific focus on grain-fed high-quality beef that meets the specifications set by the European Commission. The Order outlines the certification process required by the Department of Agriculture, Fisheries and Forestry (DAFF) to ensure that the beef exported under this new quota meets the necessary specifications, thereby gaining access to the preferential tariff rates. This legislation has a national reach within Australia and is specifically tailored to address the requirements of beef exporters aiming to leverage the new European Union quota. The Order does not explicitly mention any exclusions or exemptions, but it is understood that the provisions apply to all Australian beef exporters seeking to utilize the new quota. The application and scope of the Order may be further defined or extended through subordinate instruments as necessary.

Key Provisions

The Australian Meat and Live-stock Industry (High Quality Beef Export to the Union) Amendment Order 2009 primarily introduces changes to the existing order to facilitate the export of grain-fed high quality beef to the European Union under a new quota arrangement. Section 3 of the order modifies the definition of "consignment" to distinguish between the existing high quality beef quota and the new grain-fed high quality beef quota (Section 3). It further outlines the tariff rates for grain-fed high quality beef as stipulated in Council Regulation (EC) No 617/2009 (Section 3) and defines grain-fed high quality beef according to the description in Annex 1 to Commission Regulation (EC) No 620/2009 (Section 3). Section 5 of the order changes its heading to "No export without approval and certificate – quota meat" to reflect the new requirements for exporting beef under the new quota arrangements (Section 5). Additionally, Section 5A creates new provisions specifically for exporters to access the new quota, mandating that they obtain a certificate from the Department of Agriculture, Fisheries and Forestry (DAFF) to export grain-fed high quality beef under the new quota arrangements (Section 5A). Section 17A introduces new guidelines on how exporters can obtain the necessary certificates for grain-fed high quality beef, differentiating these arrangements from those for the existing high quality beef quota (Section 17A). The Australian Meat and Live-stock Industry (High Quality Beef Export to the Union) Amendment Order 2009 imposes several obligations on parties involved in exporting beef to the European Union. Australian exporters who wish to take advantage of the new grain-fed high quality beef quota must first apply to DAFF for a certificate confirming that their product meets the European Union's specifications (Section 5A). These specifications include the definition and characteristics of grain-fed high quality beef as outlined in Annex 1 to Commission Regulation (EC) No 620/2009. Exporters are required to comply with these specifications to be eligible for the reduced tariff rates associated with the new quota. Additionally, the order mandates that no export of grain-fed high quality beef to the European Union can occur without the necessary approval and certificate from DAFF, underscoring the importance of adhering to the regulatory requirements set forth by the European Commission. The Australian Meat and Live-stock Industry (High Quality Beef Export to the Union) Amendment Order 2009 also outlines the consequences for non-compliance with its provisions. Exporters who fail to obtain the required certificate from DAFF before exporting grain-fed high quality beef to the European Union may face civil and criminal penalties. The precise nature of these penalties is not detailed in the explanatory statement, but typically, non-compliance with export regulations can result in fines, export bans, and other legal repercussions. The order’s stringent requirements and the potential penalties underscore the importance of adhering to the new regulatory framework to ensure continued access to the European market for Australian beef exporters.