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Licences for importation during quota periods.
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9.—(1) Whenever and so long as a quota order made by the Executive Council under this Act is in force, any person who is for the time being registered in the register of importers maintained in pursuance of this Act for the purposes of such quota order may, not less than fourteen clear days before the commencement of any quota period under such quota order or, in the case of an application in relation to an additional quota, within fourteen days after the fixing of such additional quota, apply in the prescribed manner to the Minister for a licence to import during such quota period a specified quantity of goods to which the said quota order applies.
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(2) Before the commencement of every quota period under any quota order, the Minister shall issue to every person who has duly applied therefor under this section a licence to import during such quota period a quantity of goods to which such quota order applies determined in accordance with the following provisions, that is to say:—
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(a) if the total quantity of goods for which such licences are so applied for does not exceed seventy-five per cent. of the quota in respect of such quota period, every such licence shall be a licence for the importation of the full quantity of goods mentioned in the application for such licence;
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(b) if the total quantity of goods for which such licences are so applied for exceeds seventy-five per cent. of the said quota but does not exceed the said quota, then either (as the Minister shall in respect of each quota period determine) every such licence shall be a licence for the importation of the full quantity of goods mentioned in the application for such licence or every such licence shall be a licence for the importation of a rateable proportion of the said full quantity, such rateable proportion being so calculated that the total quantity of goods for the importation of which such licences are issued is equal to seventy-five per cent. of the said quota;
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(c) if the total quantity of goods for which such licences are so applied for exceeds the said quota, every such licence shall be a licence for the importation of such quantity of goods (not exceeding the quantity mentioned in the application for such licence) as the Minister shall, in the case of each particular licence, determine having regard to the interests of persons who were ordinarily engaged before the making of such quota order in the importation of goods to which the said quota order applies, but so that the total quantity of goods for the importation of which such licences are issued is not less than seventy-five per cent. of the said quota;
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(d) where a special quota or special quotas has or have been fixed in respect of any quota period, each such special quota and also the balance of the quota remaining after deducting such special quota or special quotas shall be deemed to be a separate quota for the purposes of this sub-section, and the provisions of this sub-section shall apply and have effect accordingly;
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(e) where an additional quota has been fixed in respect of any quota period, such additional quota shall be deemed to be a separate quota for the purposes of this sub-section, and the provisions of this sub-section (save so much thereof as requires the licence to be issued before the commencement of the quota period) shall apply and have effect accordingly.
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(3) During any quota period under any quota order, the Minister may, at his discretion, issue to any person who is for the time being registered in the register of importers maintained in pursuance of this Act for the purposes of such quota order, a licence to import during such quota period a specified quantity of goods to which such quota order applies and may, if he so thinks fit, attach to any such licence conditions in respect of the country in which goods imported under such licence shall have been manufactured or produced and the country from which such goods shall have been consigned to the importer or in respect of either of those matters, but the total quantity of goods for the importation of which licences are issued under this sub-section in respect of any quota period together with the total quantity of goods for the importation of which in such quota period licences were issued under this section at or before the commencement of such quota period shall not exceed the quota in respect of such quota period.
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(4) The Minister may insert in any licence issued under this section a condition as to the route by which goods imported under such licence shall be brought to Saorstát Eireann from the country from which they are consigned to the importer.
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(5) Every licence issued under this section shall be expressed to authorise a specified person to import into Saorstát Eireann during a specified quota period a specified quantity of goods of a specified description and shall operate to authorise the said person to whom such licence was issued fails to import, during compliance by such person with the law for the time being in force in relation to the importation of such goods and in particular to the payment of the duties of customs (if any) chargeable on such importation.
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