Detailed Implementation
Regulations on the Distribution and Adjustment of Annual Quotas for
Supplying Livestock to Hong Kong and Macao
[an error
occurred while processing this directive]
(Promulgated by the
Ministry of Foreign Trade and Economic Cooperation on March 13,
1996)
Article
1 For purpose of making
the quota administration of fresh, live and frozen commodities
supplied to Hong Kong and Macao more scientific and up to standard,
establishing an inspiration mechanism of awarding the good and
punishing the bad--only the fittest survive, maintaining good export
order, increasing the profit of foreign trade enterprises, ensuring
the quality of export products, making full use of quotas and taking
into consideration of the feature of livestock supplied to Hong Kong
and Macao, these detailed regulations are hereby formulated in
pursuant to the Provisional Regulations of the Ministry of Foreign
Trade and Economic Cooperation (MOFTEC) on the Administration of
Voluntary Quotas of Fresh, Live and Frozen Commodities Supplied to
Hong Kong and Macao (hereinafter referred to as
"Regulations").
Article
2 The Detailed
Regulations shall apply to the export of such livestock supplied to
Hong Kong and Macao as large-weighted live pig, meduim-weighted live
pig, live suckling pig, live cattle and live sheep.
Article
3 Basic principle for the
distribution and adjustment of annual quota:
1. The distribution and
adjustment of quotas should keep to the principle of openness,
impartiality and fairness, follow the procedure required by the
Regulations and take full consideration of opinions of the Special
Commissioner's Office of MOFTEC stationed in Guangzhou (hereinafter
referred to as the Special Commissioner's Office in Guangzhou), of
other related agencies of MOFTEC stationed in Hong Kong and Macao
(hereinafter referred to as Agencies), and of local suppliers and
companies concerned.
2. The distribution and
adjustment shall be decided by percentage of qualified products, the
exported livestock's average rank of selling price and the
implementation of its quota, and in the meantime, in light of export
performances to Hong Kong and Macao in the previous year,
preferences shall be granted to localities and corporations whose
export commodities are of high quality with high market selling
price and whose quotas have been largely utilized.
3. Foreign-funded
enterprises which at present have had quotas for supplying livestock
to Hong Kong and Macao are subject to the various distribution and
adjustment rules imposed upon by the Detailed Regulations. In
principle, the annual quota shall not go beyond its approved export
scale.
Article
4 Rank determination on
percentage of qualified products and average selling price. The
related localities' and units' rank on the percentage of qualified
products and average selling price shall be decided by dividing the
sum of two numbers by two, the quotient is the rank of the locality
and unit on percentage of qualified products and average selling
price.
Agencies concerned are
responsible for the determination of position of export units on the
percentage of qualified products supplied to Hong Kong and Macao.
Determination standard shall be open, determination procedure
impartial and selling price regularly announced. Detailed rules
shall be drafted by the agency which will go into effect upon
approval of MOFTEC.
Article
5 Determination of the
fulfillment status of quota. Taking account of the monthly quotas
granted by the Special Commissioner's Office in Guangzhou, the
fulfillment of quotas by various localities and units shall be
judged by the amount of goods upon actual arrival. The Special
Commissioner's Office in Guangzhou and agencies shall be responsible
for checking the actual arrival of goods of related localities and
units to ensure the accuracy of fulfillment status of quota by
various localities and units.
Article
6 Distribution of annual
quotas.
1. On the basis of a
fixed amount of total quotas, the annual quota base for various
localities and units shall be decided by the proportion they
occupied in previous year's annual quotas and the performance in
trial operation in newly-opened ports.
2. In accordance with
the quality and selling price of livestock supplied to Hong Kong and
Macao by various localities and units, and following the standards
for Deciding the Rank for Award and Punishment, the Deduction Ratio,
and the Minimum Amount to Be Deducted of Certain Products as
appended to the Detailed Regulations, the quota base of localities
and units taken the last certain ranks on proportion of qualified
goods and average grade of selling price shall be reduced, and the
deducted amount shall be granted as award for those who take the
first few places.
When the proportion of
qualified large-weighted live pig and live cattle goes beyond 65%
and 75% respectively, award and punishment shall not be applied to
quotas of these two commodities by the proportion of qualified goods
and the average grade of selling price.
3. In accordance with
the Standards for Deciding the Rank for Award and Punishment, the
Deduction Ratio and the Minimum Amount to Be Deducted of Livestock
Supplied to Hong Kong and Macao as appendix of the Detailed
Regulations, the quota base of localities and units who take the
last few places in fulfilling quotas shall be reduced for awarding
those who take the first few places in fulfilling quotas.
With no permission from
MOFTEC or the Special Commissioner's Office in Guangzhuo, localities
and units who provide unauthorized supply of goods in excess of
quotas shall not be awarded. For localities and units whose excess
is beyond 3%, the surpassed amount shall be deducted in full from
the following year's quota base. The deducted amount shall be
incorporated into the total quota and allocate to other
ports.
If the fulfillment of
quotas by localities and units reaches 95% or above, award and
punishment shall not be decide by the rank of quota
fulfillment.
Article
7 Adjustment of annual
quotas
1. In accordance with
Article 16 of the Regulations, quotas for fresh live and frozen
commodities supplied to Hong Kong and Macao shall be collectively
adjusted in April, July and October every year taking into
consideration of the market in Hong Kong and Macao and domestic
goods supply. With regard to seasonal commodities, or in case of
sudden changes in market situation supply, of goods and
transportation, MOFTEC shall approve the adjustment of quotas on a
case-by-case basis in line with the actual situation.
2. The adjustment of
quotas shall grant preferential increase to ports that are above the
nation's average level in terms of fulfillment of quotas, the
proportion of qualified livestock and grade of selling price. In the
meantime, considering the applications from various places and their
condition in supply of goods, transportation and operation, some
quotas shall be allocated to qualified ports on a trial
basis.
3. In the adjustment
process, with regard to the quota's fulfillment of particular
commodities, quotas for ports who present an ill-performance shall
be reduced and the amount shall be given as award to those who make
a good performance.
4. Ports who are ready
to coordinate voluntarily in regulating the market and who provide
goods in excess of quotas to accomplish a temporary supplying
emergency shall be awarded, by MOFTEC's approval, with 50% of the
surpassed amount, which is exempt from their annual
quota.
Article
8 Economic and Trade
Commissions in places concerned shall refer to these Detailed
Regulations in allocating and adjusting export quotas granted by
MOFTEC to related local enterprises.
Article
9 Other
matters
Any enterprise who
commits violation against MOFTEC's related regulations on the
administration of quotas and licenses, unauthorized export which is
not through agencies or any stipulations of the Regulations shall be
punished by reducing or even canceling its quotas, as described in
Article 31, Chapter VIII in the Regulations.
Article
10 The Detailed
Regulations shall enter into effect on date of promulgation.
Department of Foreign Trade of MOFTEC shall be responsible for its
interpretation.
Appendix: Standards for
Deciding the Rank for Award and Punishment, the Deduction Ratio and
the Minimum Amount to Be Deducted of Livestock Supplied to Hong Kong
and Macao.
Appendix:
Standards for Deciding
the Rank for Award and Punishment, the Deduction Ratio and the
Minimum Amount to Be deducted of Livestock Supplied to Hong Kong and
Macao
Remarks:
1. In accordance with
the actual arrival of goods, it's quality, etc., the annual ratio of
reduction shall be within the range of deduction as listed in the
appenix, which applies to all ports whose quotas are to be
reduced.
2. When the amount
decreased does not meet the minimum amount after reducing by
deduction ratio, reduction shall be done with the minimum amount as
listed in the appendix.
3. Taking into account
the fact that there are not many units who provide livestock to
Macao, the rank for award and punishment of livestock supplied to
Macao shall be the first and the last. [an error occurred while processing this
directive] |