The Rural Payments Agency (RPA) has responded to the ‘RPA fine for importer’ story, as reported in last week’s FPJ, with a clarification of the rules surrounding non-EU apple imports into the UK.

“The import of apples from outside the EU is subject to the provision of a licence, for control and statistical purposes to assist the European Commission in market management,” an RPA spokesman told FPJ. “A licence confers on the holder an obligation, as well as the authority, to import.

“Fulfilment of that obligation is guaranteed by the provision of a security which may become forfeit if the licence is not used for a minimum quantity within its period of validity.”

Detailed rules for the system of licences are set out in Commission Regulation No 1291/2000, which is directly applicable in all EU member states, according to the RPA.

“National authorities have very limited discretion in the application of the regulation,” continued the spokesman. “Where one or more obligations associated with licences are not met, some flexibility may be granted in cases of force majeure.

“Any decision taken by RPA to forfeit a security may be disputed under the Agency’s Non IACS Appeals Procedure, details of which are on the RPA website, www.rpa.gov.uk.”

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