COMMISSION REGULATION (EC) No 3549/93 of 21 December 1993 amending Regulation (EEC) No 2699/93 laying down detailed rules for the application in the poultrymeat and egg sectors of the arrangements provided for in the Interim Agreements between the European Economic Community and the Republic of Poland, the Republic of Hungary and the former Czech and Slovak Federal Republic and fixing the quantities available for the period 1 January to 31 March 1994 for imports from the Czech and Slovak Republics
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 518/92 of 27 February 1992 on certain rules for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community of the one part, and the Republic of Poland of the other part (1), as amended by Regulation (EEC) No 2233/93 (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 519/92 of 27 February 1992 on certain rules for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community of the one part, and the Republic of Hungary of the other part (3), as amended by Council Regulation (EEC) No 2234/93 (4), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 520/92 of 27 February 1992 on certain rules for applying the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community of the one part, and the Czech and Slovak Federal Republic of the other part (5), as amended by Regulation (EEC) No 2235/93 (6), and in particular Article 1 thereof,
Whereas the Interim Agreement on trade and trade-related matters with the Czech and Slovak Federal Republic has been provisionally applied since 1 March 1992 (7); whereas the Community has concluded, on 20 December 1993, additional Protocols to the aforementioned Agreement with the Czech Republic and the Slovak Republic following the dissolution of the Czech and Slovak Federal Republic on 1 January 1993; whereas these additional Protocols provide in particular for the distribution between the two successor States of the Community concessions granted in the Interim Agreement;
Whereas the additional Protocols make provision for opening separate quotas for the Czech Republic and the Slovak Republic from 1 January 1994; whereas certain detailed rules of application must accordingly be laid down;
Whereas Commission Regulation (EEC) No 2699/93 of 30 September 1993 (8) lays down the detailed rules for the application in the poultrymeat and egg sectors of the arrangements provided for in the Interim Agreements between the Community and Poland, Hungary and the former Czech and Slovak Federal Republic; in view of the experience gained, some detailed rules for the application of this Regulation need to be amended; to ensure the reliability of the traders, they should be limited to those who can provide evidence of a minimum level of activity since 1 January 1992; the validity of the licences must be extended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2699/93 is hereby amended as follows:
1. The first paragraph of Article 1 is replaced by the following:
'All imports into the Community under the arrangements provided for in Article 14 (2) and (4) of the Interim Agreements on products in groups 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35 and 36 referred to in Annex I to this Regulation shall be subject to the presentation of an import licence.'
2. Article 2 (1) is replaced by the following:
'(1) The quantities referred to in Article 1 shall be staggered for each period referred to in Annex I as follows:
- for products in groups 1, 12, 19 and 28:
- 35 % in the period 1 July to 30 September,
- 35 % in the period 1 October to 31 December,
- 15 % in the period 1 January to 31 March,
- 15 % in the period 1 April to 30 June;
- for products in groups 2, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35 and 36:
- 25 % in the period 1 July to 30 September,
- 25 % in the period 1 October to 31 December,
- 25 % in the period 1 January to 31 March,
- 25 % in the period 1 April to 30 June.'
3. Points (a) and (b) of Article 3 are replaced by the following:
'(a) applicants for import licences must be natural or legal persons who, at the time at which applications are submitted, can prove to the satisfaction of the competent authorities in the Member States that they have imported or exported not less than 25 tonnes (product weight) in the case of products falling within the scope of Council Regulation (EEC) No 2777/75 (1) and five tonnes (egg in shell equivalent) in the case of products falling within the scope of Council Regulations (EEC) No 2771/75 (2) and (EEC) No 2773/75 (3) in 1992 and between 1 January and 30 November 1993; however, retail establishments and restaurants selling these products to final consumers shall not be eligible for this scheme;'
'(b) the licence application may involve only one of the groups 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35 and 36 referred to in Annex I to this Regulation. The application may involve several products falling within various CN codes and originating in one of the countries covered by this Regulation. All the CN codes must be entered in Section 16 and their designation in Section 15 in every case.
A licence application must relate to at least one tonne and to a maximum of 25 % of the quantity available for the group concerned and the period specified in Article 2;'
4. In Article 4 (3) 'on the third working day' is replaced by 'on the fifth working day'.
5. The first paragraph of Article 5 is replaced by the following:
'For the purposes of Article 21 (2) of Regulation (EEC) No 3719/88, import licences shall be valid for 150 days from the date of actual issue.'
6. Article 6 is replaced by the following:
'Article 6
A security of ECU 20 per 100 kilograms shall be lodged along with import licence applications for all the products referred to in Article 1.'
7. In Articles 9, 10 (1) and 11:
'groups 3, 13 and 20'
is replaced by:
'groups 3, 13, 20 and 29'.
8. In Section A II of Annex I, for group II the CN code '0408 91 10' is replaced by '0408 91 80'.
In Section B II of Annex I, for group 18 the CN code '0408 91 10' is replaced by '0408 91 80' and the CN code '0408 99 10' is replaced by '0408 99 80'.
Section C of Annex I is replaced by Sections C and D of Annex I to this Regulation.
Article 2
The available quantities to be taken into consideration in the case of applications for import licences lodged between 1 and 10 January 1994 for products originating in the Czech Republic or the Slovak Republic shall be those laid down in Annex II to this Regulation.
Article 3
This Regulation shall enter into force on 1 January 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1993.