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"BCOMMISSION REGULATION (EC) No 1432/94
of 22 June 1994
laying down detailed rules for the application in the pigmeat sector of the import arrangements
provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of
certain Community tariff quotas for pigmeat and certain other agricultural products
(OJ L 156, 23.6.1994, p. 14)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1593/95 of 30 June 1995 L 150 94 1.7.1995
"M2 Commission Regulation (EC) No 2068/96 of 29 October 1996 L 277 12 30.10.1996
"M3 Commission Regulation (EC) No 1377/2000 of 28 June 2000 L 156 30 29.6.2000
"M4 Commission Regulation (EC) No 1006/2001 of 23 May 2001 L 140 13 24.5.2001
Corrected by:
"C1 Corrigendum, OJ L 174, 8.7.1994, p. 39 (1432/94)
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).1994R1432 — EN — 31.05.2001 — 003.001 — 1
COMMISSION REGULATION (EC) No 1432/94
of 22 June 1994
laying down detailed rules for the application in the pigmeat sector of
the import arrangements provided for in Council Regulation (EC)
No 774/94 opening and providing for the administration of certain
Community tariff quotas for pigmeat and certain other agricultural
products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 774/94 of 29 March 1994
opening and providing for the administration of certain Community tariff
quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and
meslin, and brans, sharps and other residues (
1), and in particular Article
7 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organization of the market in pigmeat (2), as last
amended by Regulation (EEC) No 1249/89 (3), and in particular Article
22 thereof,
Whereas Council Regulation (EC) No 774/94 opened, from 1 January
1994, new annual tariff quotas for certain pigmeat products; whereas the
said quotas are to apply for an unspecified period;
Whereas, the administration of the arrangements should be based on
import licences; whereas, to that end, the detailed rules for submission of
the applications and the information which must appear on the
applications and licences, by way of derogation from Article 8 of
Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying
down common detailed rules for the application of the system of import
and export licences and advance fixing certificates for agricultural
products (4), as last amended by Regulation (EC) No 3519/93 (5), should
be laid down; whereas, in addition, provision should be made for the
licences to be issued after a period of consideration, applying, where
necessary, a single percentage of acceptance; whereas, it is appropriate,
in the interest of the operators, to provide for the possibility to withdraw
the application for certificates after the fixing of a coefficient of
acceptance;
Whereas Regulation (EC) No 774/94 provides for the "M1customs
duty3to be fixed at 0 % for imports of certain pigmeat products, up to
a certain quantity; whereas, in order to ensure the regularity of imports,
the quantity in question should be staggered over one year;
Whereas, in order to ensure proper administration of the system, the
security for import licences under the said system should be fixed at
ECU 30 per 100 kilograms; whereas, in view of the risk of speculation
inherent in the system in the pigmeat sector, precise conditions governing
access by traders to the said system should be laid down;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Pigmeat,!B
(1) OJ No L 91, 8. 4. 1994, p. 1.
(2) OJ No L 282, 1. 11. 1975, p. 1.
(3) OJ No L 129, 11. 5. 1989, p. 12.
(4)OJ No L 331, 2. 12. 1988, p. 1 .
(5) OJ No L 320, 22. 12. 1993, p. 16.1994R1432 — EN — 31.05.2001 — 003.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community under the tariff quotas opened in Article
2 of Regulation (EC) No 774/94 of products as referred to in Annex I to
this Regulation shall be subject to the presentation of an import licence.
Article 2
The quantity fixed in Annex I shall be staggered over the year as follows:
— 25 % in the period 1 January to 31 March,— 25 % in the period 1 April to 30 June,— 25 % in the period 1 July to 30 September,— 25 % in the period 1 October to 31 December.However, for the period from 1 January to 30 September 1994, the
quantity fixed in Annex I shall amount to 5 250 tonnes.
Article 3
The import licences referred to in Article 1 shall be subject to the
following provisions:
(a) Applicants for import licences must be natural or legal persons who,
at the time applications are submitted, can prove to the satisfaction of
the competent authorities in the Member States that they have been
active in trade with third countries in products in the pigmeat sector
for at least the preceding 12 months. However, retail establishments
or restaurants selling their products to final consumers are excluded
from the benefits of this regime.
(b) Licence applications may relate to products covered by the two
different CN codes and originating in only one country. In such
cases, all the CN codes must be indicated in section 16 and their
descriptions in section 15; a licence application must relate at least
to 20 tonnes and at most to 10 % of the quantity available for the
period specified in Article 2.
(c) Section 8 of licence applications and licences shall show the country
of origin.
(d) Section 20 of licences applications and licences shall show one of the
following:
Reglamento (CE) n
o1432/94,
Forordning (EF) nr. 1432/94,
Verordnung (EG) Nr. 1432/94,Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1432/94 ,
Regulation (EC) No 1432/94,
Règlement (CE) n
o1432/94,
Regolamento (CE) n. 1432/94,
Verordening (EG) nr. 1432/94,
Regulamento (CE) no1432/94.
(e) Section 24 of licences shall show one of the following: "M1Cus-
toms duty 3fixed at 0 % pursuant to:
Reglamento (CE) no1432/94,
Forordning (EF) nr. 1432/94,
Verordnung (EG) Nr. 1432/94,
Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1432/94 ,!B
!M2
!B1994R1432 — EN — 31.05.2001 — 003.001 — 3
Regulation (EC) No 1432/94,
Règlement (CE) no1432/94,
Regolamento (CE) n. 1432/94,Verordening (EG) nr. 1432/94,Regulamento (CE) n
o1432/94.
Article 4
1. Licence applications shall be lodged during the first seven days of
the month preceding each period as specified in Article 2.
2. Licence applications shall only be admissible where the applicant
declares in writing that he has not submitted and undertakes not to
submit any applications, in respect of the current period, concerning
products fixed in Annex I in the Member State in which his applications
is lodged or in another Member State; where an applicant submits more
than one application relating to products fixed in Annex I, all
applications from that person shall be inadmissible; however, each
applicant may lodge several applications for import licences for products
fixed in Annex I, if these products originate in different countries. The
applications, one each for a single country of origin, should be submitted
together to the competent authority of a Member State. They shall be
considered, as regards the maximum referred to in Article 3 (b) as well as
application of the rule of the present Article, as a single application.
3. Member States shall notify the Commission, on the third working
day following the end of the application submission period, of
applications lodged for each of the products fixed in Annex I. Such
notification shall include a list of applicants and a statement of the
quantities applied for in the Annex I.
All notifications, including notifications that there have been no
applications, shall be made by telex or fax on the working day stipulated,
drawn up on the model shown in Annex II in cases where no application
is made, and on the models shown in Annexes II and III in cases where
applications have been made.
4. The Commission shall decide as quickly as possible to what extent
quantities may be awarded in respect of applications as referred to in
Article 3.
If quantities in respect of which licences have been applied for exceed
the quantities available, the Commission shall fix a single percentage of
acceptance in quantities applied for. In the case where the percentage is
less than 5 %, the Commission can refuse all applications and the
corresponding security shall be released immediately.
"C1The trader 3may withdraw his request for certificates within 10
working days after the publication of the single percentage of acceptance
in the Official Journal of the European Communities , if the application
of this rate leads to the fixation of a quantity smaller than 20 tonnes. The
corresponding security shall be released immediately.
The Commission shall calculate the quantity remaining, which shall be
added to the quantity available in respect of the following period for the
same year.
5. Licences shall be issued as quickly as possible after the Commission
has taken its decision.
6. Licences issued shall be valid throughout the Community.
7. Member States shall notify the Commission, before the end of the
fourth month following each annual period defined in Annex I, of the
quantities of actual imports of products under this Regulation for that
period.!B
!M4
!B
!M41994R1432 — EN — 31.05.2001 — 003.001 — 4
All notifications, including notifications that there have been no imports,
shall be made using the model shown in Annex IV .
Article 5
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.
However, licences shall not be valid beyond 31 December of the year of
issue.
Import licences issued pursuant to this Regulation shall not be
transferable.
Article 6
A security of EUR 20 per 100 kilograms shall be lodged for import
licence applications for all products referred to in Article 1.
Article 7
Without prejudice to the provisions of this Regulation, Regulation (EEC)
No 3719/88 shall apply.
However, Article 8(4) of that Regulation notwithstanding, the quantity
imported under this Regulation may not exceed that shown in sections 17
and 18 of the import licence. The figure 0 shall accordingly be entered in
section 19 of the licence.
Article 8
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!M4
!B
!M3
!B1994R1432 — EN — 31.05.2001 — 003.001 — 5
ANNEX I
0%"M1 CUSTOMS DUTY 3
tonnes
CN code From 1 January to 31 December
0203 19 13 7 000
0203 29 15!B1994R1432 — EN — 31.05.2001 — 003.001 — 6
ANNEX II
"(1)M1!B1994R1432 — EN — 31.05.2001 — 003.001 — 7
ANNEX III
"(1)M1!B1994R1432 — EN — 31.05.2001 — 003.001 — 8
!M4
ANNEX IV
1994R1432 — EN — 31.05.2001 — 003.001 — 9