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2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO
AGREEMENT AND AGOA
Directorate: Marketing
TABLE OF CONTENTS
TABLE OF CONTENTS............................................................................................... I
ACRONYMS............................................................................................................... II
DEFINITIONS............................................................................................................. iii
1. INTRODUCTION AND BACKGROUND...............................................................1
1.1 SA – EU Trade, Development and Cooperation Agreement (TDCA)...................1
1.2 WTO Marrakech Agreement.................................................................................2
1.3 Africa Growth and Opportunity Act (AGOA)..........................................................4
2. OBJECTIVES OF THE PREFERENTIAL MARKET ACCESS PROGRAMME.....4
3. APPLICATION PROCEDURE FOR THE PREFERENTIAL MARKET ACCESS PROGRAMME......................................................................................................5
3.1 Eligibility................................................................................................................5
3.2 Method of allocation..............................................................................................6
3.3 Permit fee.............................................................................................................6
4. KEY DELIVERABLES FOR 2015/16....................................................................6
5. ANALYSIS OF FILL RATES...............................................................................13
5.1 SA-EU TDCA export quota utilization.................................................................13
6. CHALLENGES...................................................................................................16
i
ACRONYMS
SA–EU: South Africa – European Union
TDCA: Trade, Development and Cooperation Agreement
AGOA: Africa Growth and Opportunity Act
WTO: World Trade Organization
MFN: Most Favoured Nations
USA: United States of America
SAPA: South African Poultry Association
USAPEEC: USA Poultry and Egg Export Council
NCC: National Chicken Council
DAFF: Department of Agriculture, Forestry and Fisheries
DTI: Department of Trade and Industry
ITAC: International Trade Administration Commission of South Africa
BBBEE: Broad-Based Black Economic Empowerment
HDIs: Historically Disadvantaged Individuals
SAFVCA: South African Fruit & Vegetable Canners' Association
SARS: South African Revenue Service
WOSA: Wine of South Africa
SA: South Africa
Q: Quarter
FTA: Free Trade Area
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DEFINITIONS
“AGOA” is part of the Trade and Development Act of 2000 of the USA that provides 37 beneficiary countries in sub-Saharan Africa with liberal access to the USA market for a list of selected products.
“Anti – dumping duties” means the anti-dumping duties in force on Bone in cuts originating in or imported from the United States of America as listed in Schedule No.2 part 1 to the Customs and Excise Act.
“Customs and Excise Act” means the Customs and Excise Act, 91 of 1964 (as amended) and indicates a reference to the Customs Duty Act, 30 of 2014 after it came into force.
“Agri-BEE” is a sector code as defined in section 12 of the Broad-Based Black Economic Empowerment act 53 of 2003
“Free Trade Area” is a group of two or more countries or economies, customs territories in technical language, that have eliminated tariff and all or most non-tariff measures affecting trade among themselves. Participating countries usually continue to apply their existing tariffs on external goods.
“HDIs” mean historically disadvantaged individuals as defined in the Broad Based Black Economic Empowerment Act, 53 of 2003 (as amended).
“Most Favored Nations” is the tariff applied by WTO members to goods from other WTO members. In the case of WTO non-members, the application of these rates may be a requirement of a bilateral trade agreement.
“Products” means specified agricultural products under the three trade agreements (WTO, TDCA and AGOA).
“Permit fee” means the fee payable as prescribed by DAFF annually through the Government Gazette Notices.
“Utilization rate” means the actual usage of quota received
“Rate of duty” means tariff levied on importation of goods and services
“Rebate” means a partial refund to someone who has paid too much for tax, rent, or a utility.
“Tariff” means a tax imposed by government on goods or services which are imported into the country
“TDCA” is a trade agreement between South Africa and the EU whereby the EU has liberalized approximately 61% of agricultural imports from SA and granted tariff quotas
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page iii
for certain agricultural products at preferential tariff rates (ranging from 50% to 100% of MFN.
“Wine online system” is a web based system controlling the local export certification of liquor products; the system is governed and prescribed by the Liquor Products Act and the regulations pertaining to it.
“Quota” means a limited quantity of a particular product which under official control can be produced, exported, or imported.
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page iv
1. INTRODUCTION AND BACKGROUND
The Directorate Marketing is routinely involved in the administration and issuing of
negotiated market access import and export quotas and permits for a range of selected
agricultural products. The trade agreements which are involved for this preferential market
access programme are the South Africa – European Union (SA – EU) Trade,
Development and Cooperation Agreement (TDCA), World Trade Organisation (WTO)
Marrakech Agreement and the Africa Growth and Opportunity Act (AGOA). Importers in
South Africa pay a reduced rate of duty on certain selected products in terms of the WTO
and AGOA. On the export of certain products, the importers in the European Union (EU)
receive a rebate on the tariff rate. These enable exporters with quotas to export their
products at more favourable prices to EU countries. The objectives of these agreements
are to enhance trade between the countries and ensure increased market access to
importers and exporters.
1.1 SA – EU Trade, Development and Cooperation Agreement (TDCA)
The TDCA between the EU and South Africa has been established and entered into force
on 01 January 2000. This agreement provides for the establishment of a Free Trade Area
(FTA) between the EU and South Africa in accordance with the WTO rules and the
strengthening of EU development assistance to South Africa.
In terms of the Agreement the EU has undertaken to liberalise approximately 61% of
agricultural imports from South Africa and further granted tariff quotas for certain
agricultural products at preferential tariff rates, ranging from 50% to 100% of the Most
Favoured Nations (MFN) tariff. These quotas make up approximately 13% of agricultural
trade with the EU, implying that in total 74% of South African exports to the EU are subject
to some form of preferential trade access.
As part of the concessions provided for in terms of this agreement, tariff preferences were
granted on limited quantities of selected products in the form of tariff quotas. The
Department of Agriculture, Forestry and Fisheries (DAFF) administers the EU agricultural
quotas. Export permits are issued for the access quantities at reduced levels of duty
payable by the importers in the EU countries. Detailed information on the procedures
regarding applications for these quotas is published annually in a General Notice in the
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 1
Government Gazette. The following table shows quota (volumes) and products which can
be exported to the EU under the agreement.
Table 1: Quota (volumes) and products exported under the SA-EU TDCA
Products Quota (Volumes) (Annual Tonnage)
Quota allocated(Tons)
Cut flowers 3 895 1 565
Frozen strawberries 377.5 0
Canned fruit (pears, apricots,
peaches, mixtures of fruit)
60 866 59 050
Canned Mixtures of fruit, other than
tropical fruit
27 102.4 20 000
Canned Mixtures of tropical fruit 2 960 0
Apple juice 3 700 1 950
Pineapple juice (concentrate) 3 700 3 000
Frozen orange juice 1 036 1 036
Products Volumes (Annual Litres) Quota allocated (Litres)
Wines of fresh grapes (sparkling wine, white wine, red wine)
49 067 000 49 067 000
Source: DAFF, Directorate Marketing
1.2 WTO Marrakech Agreement
In order to fulfil South Africa’s commitments under the WTO Marrakech Agreement
regarding market access, quotas are issued for various products that can be imported at
reduced rates of duty subject to an import permit. Detailed information regarding the
procedures for the submission of applications for these permits is published annually as a
General Notice in the Government Gazette. Applications are invited quarterly, half-yearly
and annually as stipulated in the Notice for the specified products. The following table
(table 2) shows quotas and products which can be imported under the WTO agreement.
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Table 2: Quota (volumes) and products imported under the WTO Agreement
Products Volumes (Annual Tonnage) Quota allocated (Tons)
Dried beans 11 063 11063
Food preparations 3 109 3109
Malt extract 6 119 0
Pasta 1 749 1749
Wines and spirits 9 572 405 1 220 500
Dried vegetables 860 860
Frozen vegetables 583 583
Peas 263 0
Bird’s Eggs 9 000 0
Beef 26 254 26254
Mutton 6 002 6002
Dried fruits 349 339.5
Cotton 17 101 0
Tobacco 16 773 16773
Butter 1 167 1167
Butter milk 213 107
Whey 2 786 2186
Cheese and curd 1 989 1989
Buckwheat 145 0
Maize 269 000 269000
Wheat & Meslin 108 279 108279
Dried grapes 397 0
Dried chickpeas 5 184 0
Source: DAFF, Directorate Marketing
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1.3 Africa Growth and Opportunity Act (AGOA)
The South African and Unites States of America (USA) governments, in consultation with
the South African Poultry Association (SAPA) and the USA Poultry and Egg Export
Council (USAPEEC) and National Chicken Council (NCC) agreed on an annual quota of
65 000 metric tons (the quota) of bone-in chicken pieces, classifiable under tariff
subheading 0207.14.9, that can be imported into South Africa without payment of the
applicable anti-dumping duty as listed in Schedule 2, Part 1 to the Customs and Excise
Act, 1964. This was done to address the concerns raised by the USAPEEC and NCC and
the USA government during the Africa Growth and Opportunity Act (AGOA) renewal
process. To facilitate the implementation of the agreement, the Department of Trade and
Industry (the DTI), DAFF and the International Trade Administration Commission of South
Africa (ITAC) developed guidelines that were published for public comments on 30
October 2015 and finally gazetted by the DTI on 18 December 2015.
It was agreed that the government of South Africa will implement the agreement referred
to above through the creation of a Rebate Provision. It was further agreed that the quota
will increase with annual growth factor based on the annual average growth of production
and consumption figures of poultry meat as published by DAFF in March of each year.
The quota will be terminated or suspended if South Africa’s beneficiary status under
AGOA changes.
2. OBJECTIVES OF THE PREFERENTIAL MARKET ACCESS PROGRAMME
To enhance agricultural trade of goods and services between South Africa and the
rest of the world;
To ensure increased market access to South African importers and exporters;
To administer the allocation of quotas on three trade agreements through fair and
equitable allocation; and
To monitor the utilization of quotas under the three trade agreements and reallocate
where necessary.
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3. APPLICATION PROCEDURE FOR THE PREFERENTIAL MARKET ACCESS PROGRAMME
The application processes under all agreements begins by invitations being forwarded to
all interested parties through the publication of a Government Notice in the form of a
Government Gazette. The gazette is published annually on the departmental website and
websites of various industry organizations after approval by the Director General. The
gazette outlines all the terms and conditions regarding the application process.
3.1 Eligibility
In order to be considered for an import/export permit by DAFF under the quota, an
applicant must:
Be a South African citizen with a valid identity document or a legal entity with a valid
certificate of registration/incorporation in South Africa;
Have a valid South African Revenue Service (SARS) tax clearance certificate
(failure to submit this will lead to disqualification);
Be registered at SARS as an importer/exporter;
Provide a valid BBBEE verification certificate from an accredited rating agency to
confirm BBBEE status;
Provide share certificates to confirm the HDI status in a business;
Complete and sign an application form and an affidavit; and
Provide proof of payment of the prescribed permit fee.
Both the SA – EU TDCA and WTO agreements have twenty percent of the quota reserved
for HDIs whereas the AGOA agreement has a minimum of fifty per cent of the quota
reserved for HDIs; in order to pursue the goals of transformation as enshrined in the Agri-
BEE sector code under section 9(1) of the BBBEE Act 53 of 2003 (as amended).
The quotas allocated to exporters are provisional; the department assesses on an annual
basis the utilization rate by the end of June after which there will be reallocation by the
end of September.
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3.2 Method of allocation
Quotas are allocated taking into account the following variables:
The BBBEE status of applicants – obtainable from a BEE certificate issued by an
accredited verification agency;
The market share of applicants – derived from historical exports/imports data for the
past three years. This is not a requirement for HDIs;
Quota applied for by applicants;
Number of applicants; and
The total quota available.
3.3 Permit fee
The permit fee is determined in collaboration with the Directorate: Financial Services as
prescribed by the National Treasury regulations. The fees payable for the quota is
prescribed annually through the publication of the Government Gazette and in the
departmental tariff manual. The following variables are taken into consideration when
calculating the fee:
The direct costs which are the operational cost (letterheads, stationery, toners,
publication of the gazette etc.;
The indirect cost i.e. labour cost (salary, percentage of time spent, number of
personnel etc.); and
The number of permits issued for that particular year.
The current fee (for 2015/16) is R703.00 per permit. The revised fee for 2016/17 will be
R820.00 for a permit. Payments are made in a special standard bank account of the
department, at cashiers of the department and/or internet.
4. KEY DELIVERABLES FOR 2015/16
Notices relating to the allocation of the quotas for the 2015/16 period were published in
the Government Gazette number 39275 in October 2014 (for the TDCA and WTO
agreements). The department in collaboration with the DTI and ITAC published the
guidelines in December 2015 for the application for a quota under the AGOA agreement.
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Notices relating to the allocation of the AGOA import quotas were published in the
Government Gazette number 39643 in January 2016 to invite all interested parties to
submit their applications for import permits. Tables 3 to 8 underneath illustrate the
summary of the quota allocation under the WTO, TDCA and AGOA Agreements in
2015/16.
Table 3: Quota allocations for products imported quarterly under the WTO Agreement
Products Total number of applicants in 2015/16
Number of permits issued Number of disqualified applications
Period Q11 Q22 Q33 Q44 Total Q1 Q2 Q3 Q4 Total
Beef 14 13 17 15 59 14 13 17 15 59 0
Mutton 12 12 15 14 53 12 12 15 14 53 0
Dried beans
19 19 23 23 84 19 19 23 23 84 0
Pasta 9 8 10 10 37 9 8 10 10 37 0
Food preparation
10 15 17 12 54 10 15 17 12 54 0
Total 64 65 82 74 285 64 65 82 74 285 0
Source: DAFF, Directorate Marketing
Table 3 illustrates the results of import quota for various products allocated on quarterly basis during 2015/16. The first quarter was characterized by low number of applications as compared to other quarters. The highest number of applications was recorded during quarter three (Q3). The high number of importers in Q3 and Q4 is primarily due to the end of the year increase in demand for various agricultural products by the local market. Overall, dried beans quota received the largest number of applications followed by the beef quota both recording 84 and 54 applications respectively. The least number of quota applications received were for pasta recording 37 applications. All applicants complied with all application requirements hence none of the applications were disqualified. Figure 1 below clearly shows the trend in the number of application received during 2015/16, for the products under the WTO agreement.
1 Q1 refers to a period from January to April2 Q2 refers to a period from April to July3 Q3 refers to a period from July to October4 Q4 refers to a period from October to January
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 7
Q1 Q2 Q3 Q40
5
10
15
20
25
Figure 1: Number of applications received in 2015/16 per quarter
Beef Mutton Dried beans Pasta Food preparation
Period (Quarters)
Num
ber o
f app
licat
ions
Source: DAFF, Directorate Marketing
Table 4: Quota allocations for products imported on a semester basis under the WTO Agreement
Products Total number of applicants in 2015/16
Number of permits issued Number of disqualified applications
Period Semester5 1
Semester6 2
Total Semester 1
Semester 2
Total
Butter 3 5 8 3 5 8 0
Milk 2 1 3 2 1 3 0
Wines of fresh grapes
7 6 13 7 6 13 0
Dried fruits 1 1 2 1 1 2 0
Frozen vegetables
2 1 3 2 1 3 0
5 Semester 1 refers to a period from January to July6 Semester 2 refers to a period from July to December
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 8
Products Total number of applicants in 2015/16
Number of permits issued Number of disqualified applications
Period Semester 1
Semester 2
Total Semester 1
Semester 2
Total
Dried vegetables
2 2 4 2 2 4 0
Cheese 2 4 6 2 4 6 0
Total 19 20 39 19 20 39 0
Source: DAFF, Directorate Marketing.
Table 4 illustrates the results of import quota allocations for various products on semester
basis. The second semester of the year 2015 received more applications as compared to
the first semester. Wines of fresh grapes had the largest number of permits issued
recording 7 and 6 in both semesters respectively. The least number of permits issued was
for dried fruits. The total number of applications received for 2015/16 was 39. All
applicants complied with application requirements hence none of the applications were
disqualified.
Table 5: Quota allocations for products imported annually under the WTO Agreement
Products Total number. of applicants in
2015/16
Number of permits issued
Number of disqualified applications
Wheat 4 4 0
Maize 7 7 0
Tobacco 4 4 0
Total 15 15 0
Source: DAFF, Directorate Marketing
Table 5 illustrates quota allocation results for various products imported annually under
the WTO Agreement. The total number of applications received was 15. With 4 permits
issued for wheat imports, 7 for maize imports and 4 for tobacco imports. All companies
that applied were issued permits and none was disqualified.
Table 6: Quota allocations for products exported under the SA–EU TDCA
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 9
Products Total number. of applicants 2015/2016
Number of permits issued
Number of disqualified applications
Canned Pears, Apricots and Peaches not containing added spirit
4 4 0
Canned Mixtures of fruit, other than tropical fruit
2 2 0
Canned Mixtures of tropical fruit
0 0 0
Frozen orange juice 1 1 0
Pineapple juice (concentrate)
1 1 0
Apple juice 3 3 0
Wines of fresh grapes (sparkling wine, white wine, red wine)
305 286 19
Total 316 297 19
Source: DAFF, Directorate Marketing
According to table 6, there were only 4 applications received for canned pears, apricots
and peaches (not containing added spirit) and all applicants were issued with quotas and
permits during 2015/16. Only 2 applications were received for canned mixtures of fruit
(other than tropical fruit). Frozen orange juice and pineapple juice received only 1
application respectively and all were issued with permits. There were 305 applications
received for the wine export quota. However, only 286 permits were issued with 19
applications being disqualified due to the applicants’ inability to submit valid SARS tax
clearance certificates.
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Table 7: Companies that participated in the AGOA poultry meat import scheme.
COMPANY (ESTABLISHED
IMPORTERS)CUSTOMS
CODEBEE
LEVEL
APPLIED QUOTA (TONS)
FINAL ALLOCATED QUOTA (TONS)
South Atlantic Meat Import and Export (Pty) Ltd 01484506 8 1000 588Etlin International (Pty) Ltd 816622 4 16250 1805Excellent Meat International Trading (Pty) Ltd
1409927 4 3000 579
Britos Meat (Pty) Ltd 879653 7 7500 387Humeat Import and Export (Pty) Ltd 21360625 8 8125 714Shoprite Checkers (Pty) Ltd 00523473 4 4050 499
Merger Meats (Pty) Ltd 21486863Non-
Compliant 243 61Deep Catch Trading (Pty) Ltd 20572694
Non-Compliant 924 45
Federated Meats (Pty) Ltd 01699216Non-
Compliant 2160 484
Koo Koo Roo Chickens cc 20150612Non-
Compliant 5000 118Assign Trading cc 21237444 4 1080 532Chester Wholesale Meat (KZN) (Pty) Ltd 1716354 8 65000 205Weddelswift South Africa (Pty) Ltd 20652915
Non-Compliant 1000 113
QK Meats (Pty) Ltd 20359927 6 165 165Dawn Farm Foods (Pty) Ltd 20466810
Non-Compliant 165 102
Dee Import and Export (Pty) Ltd 20128008
Non-Compliant 2000 100
Merlog Foods (Pty) Ltd 1237254 7 16250 969
Rib Zone (Pty) Ltd 21277884Non-
Compliant 2000 111Capricon Cold Storage (Pty) Ltd 20815808
Non-Compliant 5000 58
Afgri Poultry (Pty) Ltd t/a Daybreak Farm 21473436 2 16250 491
HISTORICAL DISADVANTAGED
INDIVIDUALS (HDIs)CUSTOMS
CODEBEE
LEVEL
APPLIED QUOTA (TONS)
FINAL ALLOCATED QUOTA (TONS)
Dini Lesizwe (Pty) Ltd 3 2000 1025Humbulani Albert Mulibana (Kwendo Logistics) 21579675 3 6000 1025PSJ 976 (Pty) Ltd 21577559 1 648 648Luthuli Trading House (Pty) Ltd 2 1080 1025
HISTORICAL DISADVANTAGED
INDIVIDUALS (HDIs)CUSTOMS
CODEBEE
LEVEL
APPLIED QUOTA (TONS)
FINAL ALLOCATED
QUOTA (TONS)
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Ubuntu Food Traders (Pty) Ltd 21599089 1 1500 1025ZCM Investment (Pty) Ltd 21584864 2 300 300Mega Foods Supplies (Pty) Ltd 21599232 2 5000 1025Thintani (Pty) Ltd 20401652 1 2800 1025Radisol Group (Pty) Ltd 21537786 1 3000 1025
DISQUALIFIED COMPANIES
CUSTOMS CODE
BEE LEVEL
APPLIED QUOTA (TONS)
FINAL ALLOCATED QUOTA (TONS)
Millennium Meat Import and Export (Pty)Ltd 20968021
Non-Compliant 16250 0
Liphumile Agencies (Pty) Ltd 27 0Hume South Africa (Pty) Ltd 21587200 3 8125 0Source: DAFF, Directorate Marketing
Tables 7 and 8 indicate that there were 32 applications received for the chicken quota to
be imported from the USA. However, only 29 permits were issued with 3 applications
being disqualified.
Table 8: Quota allocations for products imported under the AGOA agreement
Products Total number of applicants for Q17 of 2016/17
Number of permits issued
Number of disqualified applications
Frozen meat of the species Gallus domesticus, cut in pieces with bone in, classifiable in tariff subheading 0207.14.9 (Chicken)
32 29 3
Source: DAFF, Directorate Marketing
Four applicants that were disqualified received letters from the department notifying them
of the outcome of their applications. The following provides a summary of the
disqualifications:
Millennium Meat Import and Export (Pty) Ltd was disqualified due to the applicant’s
failure to submit SARS tax clearance certificate. The Government Gazette number
39643 clearly indicated that failure to submit SARS tax clearance certificate result
7 Q1 refers to a period from April-June
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in automatic disqualification of the application. However prior to the application
disqualification, numerous attempts were made by the department to remind the
applicant to submit valid SARS tax clearance certificate. The applicant was
encouraged to sort out all issues regarding SARS paperwork in advance in order
to participate in the Preferential Market Access Programme in the next round of
allocation period.
Liphumile Agencies (Pty) Ltd is disqualification was due to failure to provide proof
of payment of the prescribed permit fee. The Government Gazette clearly states
that the permit fee of R820.00 should accompany the application and failure to
adhere to this requirement will result in automatic disqualification. However, prior
to the disqualification, numerous reminders informing the applicant to submit the
proof of payment were made by the department. The applicant was encouraged to
make payment and attach the proof of payment (bank deposit slip or cashier
receipt) in the application form in order for the company to meet all the
requirements as stipulated in the Government Gazette number 39643 in the next
round of allocations.
Hume South Africa (Pty) Ltd’s application was disqualified due to inconsistencies
in the information provided to substantiate its HDI status. Numerous attempts were
made to request the applicant to furnish the department with the requested
information however; the documents provided could not be corroborated with the
supporting evidence.
5. ANALYSIS OF FILL RATES
5.1 SA-EU TDCA export quota utilization
Table 9: TDCA export quota utilization in 2015/16
Product
Allocated quota (tons)
Utilized quota (tons)
Remaining quota (tons)
Percentage (%) use of
quotaStrawberries, Frozen 363 0 363 0Canned Pears, Apricots and Peaches not containing added spirit 59 629 33 511 26 118 56.2Canned Mixtures of fruit, other than tropical fruit 26 552 2 336 24 216 8.8Canned Mixtures of tropical 2 900 0 2 900 0
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Product
Allocated quota (tons)
Utilized quota (tons)
Remaining quota (tons)
Percentage (%) use of
quotafruitsFrozen orange juice 1 015 1 015 0 100Pineapple juice (concentrate) 7 250 551 6 699 7.6Source: EC Taric website (http://ec.europa.eu/taxation_customs )
Product
Allocated quota (litres)
Utilized quota (litres)
Remaining quota (litres)
Percentage (%) use of
quotaWines of fresh grapes (sparkling wine, white wine, red wine) 49 067 000 42 344 821 6 722 179 86.3Source: EC Taric website (http://ec.europa.eu/taxation_customs )
According to table 9, wines of fresh grapes were by far the major product under the TDCA
export quota agreement with the allocation of just under 49 million liters. It is important to
note that only 86% of the wines of fresh grapes export quota were utilized by the end of
2015. The frozen orange juice export quota was fully used while the utilization of
pineapple juice export quota amounted to 7.6%. The export quota available for frozen
strawberries during 2015 was 363 tons however none of the export quota was used as
there were no applications for this product. The same occurred for canned mixtures of
tropical fruits. The quota utilization for canned pears, apricots and peaches (not containing
added spirit) amounted to 56.2% while that of canned mixtures of fruit, (other than tropical
fruit) amounted to 8.8%.
It can be inferred from table 9 that the export quotas for most products are underutilized
and the department is constantly communicating with industry associations such as the
South African Fruit & Vegetable Canners' Association (SAFVCA) representing the fruit
and vegetable canning industry members and Wines of South Africa (WOSA) representing
wine traders to alert them of the fill rates so that they disseminate the information to their
members.
The department during 2015 continued to monitor the utilization of the wine export quota
on a regular basis by identifying individual exporters who underutilized their allocated
quota and timeously reallocating when necessary through the Wine-on-line system and
the Joint Wine Monitoring committee comprising the DAFF, SARS and the wine industry
represented by WOSA.
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2010 2011 2012 2013 2014 20150
10
20
30
40
50
60
70
80
90
100
Figure 2: SA-EU Trade, Development and Cooperation Agreement (TDCA) Export Quota Utilization
Period (Years)
Expo
rts Q
uota
Util
izatio
n (%
)
Source: EC Taric website (http://ec.europa.eu/taxation_customs)
The above figure illustrates the fill rates (in percentages) over the past six years for
products exported under the TDCA that are administered by the department. It is clear
from the figure that over the past six years more than fifty percent of the quota is used in
all products except for frozen strawberries, canned mixture of fruit (other than tropical)
and canned mixtures of tropical fruit. It can be observed that throughout the period under
analysis both frozen strawberries and canned mixture of tropical fruits recorded 0%
utilization of quota. This was as result of not receiving applications for these products. The
utilization of the quota for canned pears, apricots and peaches (not containing added
spirit) has been declining over the past six years. The same can also be said for Canned
Mixtures of fruit (other than tropical fruits). Furthermore, in the past three years from 2013,
2014 and 2015 the export quota for frozen orange juice has been fully utilised. It is also
clear from the figure that wine export quota utilization increased by 4% in 2015 as
compared to 2014.
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 15
6. CHALLENGES
Occasionally applicants send incomplete applications which then pose a challenge when
allocation processes begin. However the department constantly ensures that before the
allocation process start, it informs all those that have submitted application forms with
outstanding documents in time and they are given an opportunity to provide required
supporting documents.
Under the TDCA agreement, it appears that there is constant underutilization of the export
quota for certain products such as frozen strawberries and canned mixtures of fruits.
However the department is continuously in contact with relevant industry organisations in
an effort to inform the members & create awareness.
Currently there is no system in place to assess the fill rate for products imported under
WTO and AGOA agreements. However, the directorate has established a working
relationship with SARS in order to gain access to individual company trade data, which will
enable the directorate to continually assess the fill rates of products imported under all
three trade agreements. SARS has consequently advised the department to communicate
to the Commissioner through the Director General to request access to trade statistics of
companies benefiting from the preferential market access programme.
…………………………………………………………
Name: H.M Mamabolo
Designation: Director: Marketing
Date:
2015/16 ANNUAL REPORT ON THE PREFERENTIAL MARKET ACCESS PROGRAMME IN TERMS OF THE SA-EU TDCA, WTO AGREEMENT AND AGOA Page 16