WORLD TRADE
ORGANIZATIONG/LIC/N/3/EEC/1/Add.1
19 April 1999
(99-1540)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1
Notification under Article 7.3 of the Agreement
on Import Licensing Procedures
EUROPEAN COMMUNITIES
Addendum
The following notification, dated 30 March 1999, has been received from the Permanent
Delegation of the European Commission.
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Import licensing procedures of the European Communities for
WTO tariff quotas on certain poultry and turkey products
Outline of system
1. The object of the import licensing  system is to ensure a sound administration of the EC's WTO
tariff rate quotas for 15,500 tonnes of certain frozen cuts  of fowls of the species Gallus Domesticus and
for 2,500 tonnes of certain frozen cuts of turkeys.  Th e relevant legislation related to the import licensing
system for these tariff quotas is mentioned in reply 5.  As regards the requirements for applicants for
import licences see reply 6.
Purpose and coverage of licensing
2. See reply 1.  The products covered by the tariff quotas mentioned in reply 1 are as follows:
Description of products Tariff item numbers
First quota:
- Of fowls of the species Gallus Domesticus:
-- Cuts and offal, frozen:--- Cuts:---- Boneless---- With bone in:----- Breasts and cuts thereof
----- Other (than halves or quarters: whole wings with or 
without tips; backs, necks, backs with necks attached, rumps and wing tips; legs and cuts thereof)0207 14 10
0207 14 50
0207 14 70
                                                     
1 See document G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/EEC/1/Add.1
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Description of products Tariff item numbers
Second quota:
- Of turkeys:-- Cuts and offal, frozen:
--- Cuts:
---- Boneless---- With bone in:----- Breasts and cuts thereof----- Other (than halves or quarters: whole wings with or 
without tips; backs, necks, backs with necks 
attached, rumps and wing tips; legs and cuts thereof)0207 27 10
0207 27 20
0207 27 80
3. The system applies in the European Communities to the above-mentioned products
originating as regards the first tariff quota, in Brazil, Thailand and other countries and as regards the
second tariff quota, in Brazil and other countries.
4. See reply 1.  As referred to in reply 1, the licensing system covers the relevant WTO tariff
quotas.  The EC considers the method adopted to be the most appropriate to administer these tariff
rate quotas.
5. The relevant legislation for the administration of import licences for the tariff quotas
mentioned in reply 1 is:  Council Regulation (EC) No. 774 of 29 March 1994 (OJ No. L 91);Commission Regulation (EC) No. 1431/94 of 22 June 1994 (OJ No. L 156), last amended by
Commission Regulation (EC) No. 1514/97 of 30 July 1997 (OJ No. L 204).  The licensing is
statutorily required.  The legislation does not leave designation of products to be subjected to
licensing to administrative discretion.  The system cannot be abolished without legislative approval.
Procedures
6. Replies to questions 6.I-VIII and to question 6.XI.  Questions 6.IX and X are not relevant.
The information related to the allocation of the quotas, the formalities for licence application
and the amount of goods allocated to each country is published in the Official Journal of the European
Communities (see reply 5).  There is no derogation from the licensing requirement.
The tariff quotas are annual tariff quotas, opened on a quarterly basis.  Import licences are
valid for 150 days but not beyond 31 December of the year of issue.
Applicants for import licences must be natural or legal persons who, at the time applications
are submitted, prove to the satisfaction of the competent authorities of the member States that they
imported not less than 100 tonnes (product weight) of products falling within CN codes 0207,
1602 31, 1602 32 and 1602 39 in each of the two previous calendar years.  Retail establishments andrestaurants selling their products to the final consumer are excluded from the benefits of this system.
To ensure that the licences are used for imports, a security for import licence applications must be
lodged.  Imports are only known to the competent authority in the member States to which the import
licence application has been submitted and to the Commission.
Licence applications may be submitted during the first ten days of the quarterly quota period
(1 January, 1 April, 1 July and 1 October) to the competent authorities in the member States in whichthe applicant is established or has set up his registered office.  The date of opening of the quota period
is the date from which an import licence can be granted.  The applicant for an import licence must
approach only one administrative organ.  The competent authorities in the member States have to
notify to the Commission, on the fifth working day following the end of the application submissionG/LIC/N/3/EEC/1/Add.1
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period, of applications submitted.  Applications are examined simultaneously by the Commission.
The Commission decides as quickly as possible to what extent quantities may be awarded in respect
of the quantities requested in the import licence applications.  If the quantities in respect of which
licences have been applied for exceed the quantities available, the Commission shall fix a single
percentage of acceptance for the quantities applied for.  Where this percentage is less thanfive per cent, it is possible that the Commission will not award the quantities applied for and release
the securities.  The Commission calculates the quantities remaining which are added to the quantity
available in respect of the following period in the same year.
7. Not applicable.8. The application for an import licence can only be refused if the relevant criteria are not
fulfilled.  Applicants can appeal to courts in the member States according to the legislation in force in
the respective member States.
9. See reply 6.  There is no specific system of registration necessary for the application of an
import licence.
Documentational and other requirements for application for licence
10. The application for an import licence has to be  submitted to the competent authorities in the
member States conforming to the specimen set out in the Annex2.  Regarding the information required
in applications, see the application form and Commission Regulation (EC) No 1431/94 of
23 June 1994 (published in OJ No. L 156, page 9) as amended.
11. The import licence is required upon actual importation.
12. There is no licensing fee or administrative charge.
13. The issuance of an import licence is subject to a security in order to guarantee that the
undertaking to import will be fulfilled during the period of validity of the licence.  The security
amounts to ECU 50 per 100 kilograms.  The security is released when the obligation to import has
been fulfilled and the right to import under the licence has been exercised, namely on the day the
import declaration is accepted and the product concerned put into free circulation.
Conditions of licensing
14. Import licences are valid for 150 days, but not beyond 31 December of the year of issue.  The
period of validity cannot be extended.
15. In case of non-utilization of an import licence, the security is not released.  In the case of partial
use of the import licence, the security is partially released.
16. Import licences are not transferable.17. There are no other conditions attached to the issue of a licence.
                                                     
2 Available for consultation in the Secretariat (Market Access Division).G/LIC/N/3/EEC/1/Add.1
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Other procedural requirements
18. There are no other administrative pro cedures required prior to importation.
19. Not applicable.
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