1995R1484 — EN — 01.07.1996 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1484/95
of28June1995
laying down detailed rules for implementing the system of additional import duties and fixing
additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing
RegulationNo163/67/EEC
(OJ L 145, 29.6.1995, p. 47)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
►M2Commission Regulation (EC) No 1505/96 of 29 July 1996 L 189 79 30.7.1996
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No1484/95
of28June1995
layingdowndetailedrulesforimplementingthesystemofadditional
importdutiesandfixingadditionalimportdutiesinthepoultrymeatand egg sectors and for egg albumin, and repealing Regulation No
163/67/EEC
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organization of the market in eggs(1), as last
amended by the Act of Accession of Austria, Finland and Sweden and
by Council Regulation (EC) No 3290/94(2), and in particular Articles 5
(4) and 15 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October
1975 on the common organization of the market in poultrymeat(3), as
last amended by the Act of Accession of Austria, Finland and Swedenand by Regulation (EC) No 3290/94, and in particular Articles 5 (4) and
15 thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October
1975 on the common system of trade for ovalbumin and lactalbumin(
4),
as last amended by the Act of Accession of Austria, Finland and Swedenand by Regulation (EC) No 3290/94, and in particular Article 3 (4) and
10 thereof,
Whereas Regulations (EEC) No 2771/75, (EEC) No 2777/75 and (EEC)
No 2783/75 provide that from 1 July 1995 imports of one or more of theproducts falling under these Regulations at the rate of duty of theCommon Customs Tariff shall be subject to the payment of an additional
import duty if certain conditions set out in the Agreement on Agriculture
concluded in the framework of the Uruguay Round of multilateral tradenegotiations have been fulfilled, unless the imports are unlikely todisturb the Community market, or where the effects would bedisproportionate to the intended objective; whereas these additionalimport duties may be imposed in particular if the import prices fall
below the trigger prices;
Whereas, therefore, specific implementing rules should be laid down for
the poultrymeat and egg sectors as well as for egg albumin and thetrigger prices should be published;
Whereas the import prices to be taken into consideration for imposing an
additional import duty should be checked against the representativeprices on the world market or on the Community import market for theproducts in question; whereas it is necessary that Member Statescommunicate the prices at various stages of marketing at regularintervals in order to be able to determine the representative prices and
the corresponding additional duties;
Whereas the importer may choose that the additional duty is calculated
on a basis which is different from the representative price; whereas,however, in that case there should be provision for the lodging of asecurity equal to the amount of additional duty which he would have
paid if the additional duty had been determined on the basis of the
representative price; whereas the security will be reimbursed if, within acertain time limit, proof is provided that the conditions for the disposalof the consignment have been met; whereas, as part of a posteriori
checks, additional duty due will be recovered pursuant to Article 220 ofCouncil Regulation (EEC) No 2913/92(
5) establishing the Community1995R1484 — EN — 01.07.1996 — 002.001 — 2
(1) OJ No L 282, 1. 11. 1975, p. 49.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 282, 1. 11. 1975, p. 77.
(4) OJ No L 282, 1. 11. 1975, p. 104.
(5) OJ No L 302, 19. 10. 1992, p. 1.
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customs code; whereas it is only fair that, within the framework of such
checks, interest will be added to the duty due;
Whereas the provisions of Commission Regulation No 163/67/EEC of
26 June 1967 on fixing the additional amount for imports of poultry-
farming products from third countries(1), as last amended by Regulation
(EEC) No 3821/92(2), are replaced by the provisions of this Regulation;
whereas the aforementioned Regulation should, therefore, be replaced asfrom the date of entry into force of the Agreement on Agriculture of theUruguay Round;
Whereas it results from regular monitoring of the information providing
the basis for the verification of the import prices in the poultrymeat andegg sectors as well as for egg albumin that additional duties should be
imposed on the import of certain products, taking into account variation
of prices according to origin; whereas, therefore, representative pricesand corresponding additional duties should be published for thoseproducts;
Whereas additional duties may not be imposed in particular on products
imported within tariff quotas agreed upon in the framework of theUruguay Round of multilateral trade negotiations;
Whereas the Management Committee for Poultrymeat and Eggs has not
delivered an opinion within the time limit set by the chairman,
HAS ADOPTED THIS REGULATION:
Article 1
The additional import duties referred to in Article 5 (1) of Regulations
(EEC) No 2771/75 and (EEC) No 2777/75 and in Article 3 (1) ofRegulation (EEC) No 2783/75, hereinafter referred to as ‘additionalduties’, are applied to the products listed in Annex I and originating in
the countries indicated therein.
The corresponding trigger prices referred to in Article 5 (2) of
Regulations (EEC) No 2771/75 and (EEC) No 2777/75 and in Article
3 (2) of Regulation (EEC) No 2783/75 are shown in Annex II.
Article 2
1. The representative prices referred to in the second subparagraph of
Article 5 (3) of Regulation (EEC) No 2771/75 and (EEC) No 2777/75
and in the second subparagraph of Article 3 (3) of Regulation (EEC) No
2783/75, shall be determined at regular intervals taking into account inparticular:
— the prices on third country markets,
— free-at-Community-frontier offer prices,— prices at the various stages of marketing in the Community for
imported products.
These prices are shown in Annex I.
2. The Member States shall communicate to the Commission, each
Monday, the prices referred to at the third indent of paragraph 1 for
representative shipments of products listed in Annex II.
Article 3
1. At the request of the importer the additional duty may be
established on the basis of the cif import price of the consignment in
question, if this price is higher than the applicable representative price,referred to in Article 2 (1).
The application of the cif import price of the consignment in question
for establishing the additional duty is subject to the presentation by the1995R1484 — EN — 01.07.1996 — 002.001 — 3
(1) OJ No 129, 28. 6. 1967, p. 2577/67.
(2) OJ No L 387, 31. 12. 1992, p. 24.
▼B
interested party to the competent authorities of the importing Member
State of at least the following proofs:
— the purchasing contract, or any other equivalent document,
— the insurance contract,— the invoice,
— the certificate of origin (where applicable),
— the transport contract,
— and, in the case of sea transport, the bill of lading.
2. In the case referred to in paragraph 1, the importer must lodge the
security referred to in Article 248 (1) of Commission Regulation (EEC)No 2454/93(
1), equal to the amount of additional duty which he would
have paid if the calculation of the additional duty had been made on the
basis of the representative price applicable to the product in question.
The importer shall have one month from the sale of the products in
question, subject to a limit of four months from the date of acceptance of
the declaration of release for free circulation, to prove that the
consignment was disposed of under conditions confirming the correct-ness of the prices referred to in paragraph 1. Failure to meet one or otherof these deadlines shall entail the loss of the security lodged. However,the time limit of four months may be extended by the competent
authorities by a maximum of three months at the request of the importer,
which must be duly substantiated.
The security lodged shall be released to the extent that proof of the
conditions of disposal is provided to the satisfaction of the customs
authorities.
Otherwise, the security shall be forfeit by way of payment of the
additional duties.
If on verification the competent authorities establish that the require-
ments of this Article have not been met, they shall recover the duty duein accordance with Article 220 of Regulation (EEC) No 2913/92. Theamount of the duty to be recovered or remaining to be recovered shallinclude interest from the date the goods were released for freecirculation up to the date of recovery. The interest rate applied shall
be that in force for recovery operations under national law.
3. In the absence of the request referred to in paragraph 1, the import
price of the consignment in question to be taken into consideration for
imposing an additional duty shall be the representative price referred toin Article 2 (1).
Article 4
1. If the difference between the trigger price in question refered to in
Article 1 (2) and the import price to be taken into consideration for
imposing an additional duty in accordance with Article 3 (1) of (3):
(a) is less than or equal to 10 % of the trigger price, no additional duty
shall be imposed;
(b) is greater than 10 % but less than or equal to 40 % of the trigger
price, the additional duty shall equal 30 % of the amount by whichthe difference exceeds 10 %;
(c) is greater than 40 % but less than or equal to 60 % of the trigger
price, the additional duty shall equal 50 % of the amount by which
the difference exceeds 40 %, plus the additional duty allowed under
(b);
(d) is greater than 60 % but less than or equal to 75 %, the additional
duty shall equal 70 % of the amount by which the difference exceeds60 % of the trigger price, plus the additional duties allowed under(b) and (c);1995R1484 — EN — 01.07.1996 — 002.001 — 4
(1) OJ No L 253, 11. 10. 1993, p. 1.
▼B
(e) is greater than 75 % of the trigger price, the additional duty shall
equal 90 % of the amount by which the difference exceeds 75 %,plus the additional duties allowed under (b), (c) and (d).
2. The additional duties corresponding to the representative prices
laid down in accordance with Article 2 (1) are shown in Annex I.
Article 5
If necessary, the Commission may, at the request of a Member State or
on its own initiative, adjust Annex I.
However, the Commission may adjust the representative prices only if
these prices are at least 5 % different from the determined prices.
Article 6
The additional duties laid down in Annex I shall not apply to imports in
the framework of Commission Regulations (EC) No 1431/94(
1), (EC)
No 1474/95(2) and (EC) No 1251/96(3).
Article 7
Regulation No 163/67/EEC is repealed.
Article 8
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1995R1484 — EN — 01.07.1996 — 002.001 — 5
(1) OJ No L 156, 23. 6. 1994, p. 9.
(2) OJ No L 145, 29. 6. 1995, p. 19.
(3) OJ No L 161, 29. 6. 1996, p. 136.▼M2
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ANNEX I
The annex is not included in this consolidated act. It is regularly replaced by up-to-date administrative acts within the framework
of agricultural policy and generally has a limited period of validity.1995R1484 — EN — 01.07.1996 — 002.001 — 6
▼B
ANNEX II
CN code Trigger price ECU/100 kg
0105 11 11 8 588,0
0105 11 19 8 588,00105 11 91 8 588,00105 11 99 8 588,0
►
M10105 12 00
0105 19 20 ◄3 242,3
0105 19 90 14 525,0
►M10105 92 00
0105 93 00 ◄55,8
0105 99 10 115,1
0105 99 20 185,90105 99 30 147,80105 99 50 133,3
►
M10207 11 10 ◄ 142,3
►M10207 11 30 ◄ 100,2
►M10207 11 90 ◄ 128,5
►M10207 24 10 ◄ 170,0
►M10207 24 90 ◄ 250,0
►M10207 32 11 ◄ 158,8
►M10207 32 15 ◄ 185,1
►M10207 32 19 ◄ 173,5
►M10207 32 51 ◄ 207,1
►M10207 32 59 ◄ 257,3
►M10207 32 90 ◄ 173,2
►M10207 12 10 ◄ 98,8
►M10207 12 90 ◄ 131,2
►M10207 25 10 ◄ 177,7
►M10207 25 90 ◄ 179,8
►M10207 33 11 ◄ 170,1
►M10207 33 19 ◄ 167,9
►M10207 33 51 ◄ 200,0
►M10207 33 59 ◄ 248,2
►M10207 33 90 ◄ 204,5
►M10207 13 10 ◄ 339,8
►M10207 13 20 ◄ 100,0
►M10207 13 30 ◄ 180,0
►M10207 13 50 ◄ 227,1
►M10207 13 60 ◄ 158,1
►M10207 13 70 ◄ 310,7
►M10207 13 99 ◄ 100,0
►M10207 26 10 ◄ 339,0
►M10207 26 20 ◄ 342,3
►M10207 26 50 ◄ 279,9
►M10207 26 60 ◄ 142,9
►M10207 26 70 ◄ 177,8
►M10207 26 80 ◄ 200,0
►M10207 26 99 ◄ 216,71995R1484 — EN — 01.07.1996 — 002.001 — 7
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CN code Trigger price ECU/100 kg
►M10207 35 11 ◄ 435,3
►M10207 35 15 ◄ 423,2
►M10207 35 23 ◄ 133,3
►M10207 35 31 ◄ 100,0
►M10207 35 41 ◄ 78,3
►M10207 35 51 ◄ 463,4
►M10207 35 53 ◄ 331,9
►M10207 35 61 ◄ 309,7
►M10207 35 63 ◄ 164,2
►M10207 14 10 ◄ 333,5
►M10207 14 20 ◄ 251,1
►M10207 14 30 ◄ 97,5
►M10207 14 40 ◄ 80,0
►M10207 14 50 ◄ 235,7
►M10207 14 60 ◄ 158,9
►M10207 14 70 ◄ 316,6
►M10207 14 99 ◄ 143,4
►M10207 27 10 ◄ 329,9
►M10207 27 20 ◄ 337,8
►M10207 27 40 ◄ 80,8
►M10207 27 50 ◄ 280,0
►M10207 27 60 ◄ 111,1
►M10207 27 70 ◄ 172,7
►M10207 27 80 ◄ 233,3
►M10207 27 99 ◄ 131,3
►M10207 36 11 ◄ 465,3
►M10207 36 15 ◄ 354,5
►M10207 36 21 ◄ 100,0
►M10207 36 23 ◄ 133,3
►M10207 36 31 ◄ 107,8
►M10207 36 41 ◄ 81,1
►M10207 36 51 ◄ 432,4
►M10207 36 53 ◄ 308,3
►M10207 36 61 ◄ 309,7
►M10207 36 63 ◄ 166,0
►M10207 36 71 ◄ 234,5
►M10207 36 79 ◄ 500,0
►M10207 36 90 ◄ 163,2
0209 00 90 135,8
►M11602 32 11
1602 39 21 ◄318,6
0407 00 11 935,9
0407 00 19 743,60407 00 30 52,70408 11 80 343,30408 19 81 69,60408 19 89 111,90408 91 80 271,41995R1484 — EN — 01.07.1996 — 002.001 — 8
▼B
CN code Trigger price ECU/100 kg
0408 99 80 59,7
►M13502 11 90 ◄ 521,5
►M13502 19 90 ◄ 51,71995R1484 — EN — 01.07.1996 — 002.001 — 9