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"BCOMMISSION REGULATION (EC) No 2305/95
of 29 September 1995
"M1 establishing detailed rules for the application in the pigmeat sector of the arrangements
provided for in the free trade agreements between the Community, of the one part, and Latvia,
Lithuania and Estonia, of the other part 3
(OJ L 233, 30.9.1995, p. 45)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2750/95 of 29 November 1995 L 287 19 30.11.1995
"M2 Commission Regulation (EC) No 2071/96 of 29 October 1996 L 277 17 30.10.1996
"M3 Commission Regulation (EC) No 691/97 of 18 April 1997 L 102 12 19.4.1997
"M4 Commission Regulation (EC) No 1430/2000 of 30 June 2000 L 161 51 1.7.2000
"M5 Commission Regulation (EC) No 2867/2000 of 27 December
2000L 333 14 29.12.2000
"M6 Commission Regulation (EC) No 1006/2001 of 23 May 2001 L 140 13 24.5.2001
Corrected by:
"C1 Corrigendum, OJ L 246, 13.10.1995, p. 43 (2305/95)
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).1995R2305 — EN — 31.05.2001 — 003.001 — 1
COMMISSION REGULATION (EC) No 2305/95
of 29 September 1995
"M1 establishing detailed rules for the application in the pigmeat
sector of the arrangements provided for in the free trade agreements
between the Community, of the one part, and Latvia, Lithuania and
Estonia, of the other part 3
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1276/95 of 29 May 1995
on certain procedures for applying the Agreement on free trade and
trade-related matters between the European Community, the European
Atomic Energy Community and the European Coal and Steel
Community, of the one part, and the Republic of Latvia, of the other
part (
1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of 29 May 1995
on certain procedures for applying the Agreement on free trade and
trade-related matters between the European Community, the European
Atomic Energy Community and the European Coal and Steel
Community, of the one part, and the Republic of Lithuania, of the other
part (2), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organization of the market in pigmeat (3), as last
amended by Regulation (EC) No 3290/94 (4), and in particular Article 22
thereof,
Whereas the Agreements on free trade and trade-related matters between
the European Community, the European Atomic Energy Community and
the European Coal and Steel Community, of the one part, Latvia (5) and
Lithuania (6), of the other part, were signed on 18 July 1994;
Whereas those Agreements on free trade provided for a reduction of 60 %
in the duties set by the Common Customs Tariff for the import of
products based on the meat of domestic porcine animals, within certain
quantitative limits; whereas, to ensure that imports are on a regular basis,
those quantities should be staggered over different periods of the year;
Whereas, while bearing in mind the Agreements on free trade intended to
guarantee the origin of the product, provision should be made for the
administration of the said arrangements to be guaranteed through import
licences; whereas, to that end, notwithstanding 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 (7), as last amended by Regulation (EC) No 2137/95 (8),
detailed rules for submission of applications, as well as the information
which must be included on the applications and licences 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 acceptance rate;!B
(1) OJ No L 124, 7. 6. 1995, p. 2.
(2) OJ No L 124, 7. 6. 1995, p. 3.
(3) OJ No L 282, 1. 11. 1975, p. 1.
(4) OJ No L 349, 31. 12. 1994, p. 105.
(5) OJ No L 374, 31. 12. 1994, p. 1.
(6) OJ No L 375, 31. 12. 1994, p. 1.
(7) OJ No L 331, 2. 12. 1988, p. 1.
(8) OJ No L 214, 8. 9. 1995, p. 21.1995R2305 — EN — 31.05.2001 — 003.001 — 2
Whereas, in order to ensure proper administration of the system, the
security for import licences under the system should be set at ECU 30
per 100 kg; whereas, in view of the likelihood of speculation inherent in
the system in the pigmeat sector, precise conditions governing access by
operators to the said system should be laid down;
Whereas the attention of operators should be drawn to the fact that
licences may be used only for products that comply with all veterinary
rules currently in force in the Community;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community under the arrangements provided for in
Article 14 (2) and (3) of the Agreements on free trade between the
Community, of the one part, and Latvia and Lithuania, of the other part,
or in Article 13 (2) and (3) of the Agreement on free trade between the
Community, of the one part, and Estonia, of the other part, of products
falling within groups 18, 19, 20, 21 and 22 provided for in Annex I to this
Regulation shall be subject to the presentation of an import licence.
The quantities of products to which these arrangements apply and the
rate of reduction of the customs duty fixed in the Common Customs
Tariff shall be those listed by group in Annex I.
Article 2
From 1 July 1996 the quantities indicated in Annex I shall be staggered
over the year as follows:
— 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.
The quantities available for the period 1 October to 31 December 1996
shall however be as indicated in Annex IV to this Regulation and the
licence applications shall be submitted during the first 10 days of
November 1996.
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 of the Member State concerned that they
have been active in trade with third countries in products in the
pigmeat sector for at least the preceding twelve months. However,
retail establishments or restaurants selling their products to final
consumers are excluded from the benefits of this system;
(b) the licence application may contain only one of the groups referred
to in Annex I to this Regulation. The application may involve several
products covered by different CN codes and originating in one of the
countries covered by this Regulation. In such cases, all the CN codes
shall be indicated in section 16 and their designation in section 15;!B
!M1
!B
!M3
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!B1995R2305 — EN — 31.05.2001 — 003.001 — 3
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 for the period as specified in Article 2;
(c) section 8 of licence applications and licences shall show the country
of origin; licences shall entail an obligation to import from the
country indicated;
(d) section 20 of licence applications and licences shall show at least one
of the following:
— Reglamento (CE) no2305/95,
— Forordning (EF) nr. 2305/95,
— Verordnung (EG) Nr. 2305/95,
—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 2305/95 ,
— Regulation (EC) No 2305/95,
— Règlement (CE) no2305/95,
— Regolamento (CE) n. 2305/95,— Verordening (EG) nr. 2305/95,
— Regulamento (CE) n
o2305/95,
— Asetus (EY) N:o 2305/95,
— Förordning (EG) nr 2305/95.
(e) section 24 of the licences shall show at least one of the following:
— Derecho de aduana fijado en el Arancel Aduanero Común en
aplicación del Reglamento (CE) no2305/95,
— Nedsat FTT -told, jf. forordning (EF) nr. 2305/95,
— Zollermäßigung gemäß der Verordnung (EG) Nr. 2305/95,—Καθ/omikronρι/dzeta/omikronacuteµενη στ/omikron κ/omikronιν/omikronacute δασµ/omikronλ/omikronacuteγι/omikron εισφ/omikronρά π/omikronυ µει-
ώνεταικατ’εφαρµ/omikronγήτ/omikronυκαν/omikronνισµ/omikronύ(ΕΚ)αριθ.2305/95 ,
— Customs duty fixed by the Common Customs Tariff reduced
pursuant to Regulation (EC) No 2305/95,
— Droit de douane fixé au tarif douanier commun réduit en
application du règlement (CE) n
o2305/95,
— Riduzione del dazio a norma del regolamento (CE) n. 2305/95,
— Het in het gemeenschappelijk douanetarief vastgesteld dou-
anerecht is verlaagd overeenkomstig Verordening (EG) nr.
2305/95,
— Redução do direito aduaneiro fixado na Pauta Aduaneira
Comum em aplicação do Regulamento (CE) no2305/95,
— Yhteisessä tullitariffissa vahvistetun tullin alentaminen asetuk-
sen (EY) N:o 2305/95 mukaan,
— Nedsatt tull enligt Gemensamma tulltaxan med tillämpning av
förordning (EG) nr 2305/95.
Article 4
1. Licence applications shall be lodged during the first seven days of
the month preceding each period as specified in Article 2.!B
!M61995R2305 — EN — 31.05.2001 — 003.001 — 4
2. Licence applications shall be admissible only 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 in the same group in the Member State in which his application
is submitted or in other Member States; where an applicant submits more
than one application relating to products in the same group, all
applications from that person shall be deemed inadmissible.
3. The Member State shall notify the Commission on the third working
day following the end of the application submission period of
applications submitted for each of the products in the groups. Such
notification shall include a list of applicants and a statement of the
quantities applied for in each group.
All notifications, including ‘nil’ returns, shall be made by telex or telefax
on the working day stipulated, using the model in Annex II in cases
where no application has been submitted, and the models in Annexes II
and III in cases where applications have been submitted.
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 acceptance
rate as a percentage of the quantities applied for.
If the overall quantity for which applications have been submitted is less
than the quantity available, the Commission shall calculate the quantity
remaining, which shall be added to the quantity available for the
following period.
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. Licences may be used only for products complying with all
veterinary rules in force in the Community.
8. 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.
All notifications, including notifications that there have been no imports,
shall be made using the model shown in Annex V .
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 30 June 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.!B
!M6
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!B1995R2305 — EN — 31.05.2001 — 003.001 — 5
However, notwithstanding Article 8 (4) of that Regulation, 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
The imported products shall be placed in free circulation on presentation
of a movement certificate EUR 1 issued by the exporting country in
accordance with Protocol 3 annexed to the Agreements on free trade.
Article 9
This Regulation shall enter into force on 1 October 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1995R2305 — EN — 31.05.2001 — 003.001 — 6
!M2
ANNEX I
A. PRODUCTS ORIGINATING IN LITHUANIA
Group No Order No CN codeApplicable
duty 1.7.2000to 31.12.2000
(% of MFN)Quantity for
the period
1.7.2000 to
31.12.2000
(tonnes)Applicable
duty 1.1.2001
to 30.6.2001
(% of MFN)Quantity for
the period
1.1.2001 to
30.6.2001
(tonnes)Applicable
duty as from
1.7.2001
(% of MFN)Annual quan-
tity from
1.7.2001 until
30.6.2002Annual
increase as
from 1.7.2002
18 09.4542 ex 0203 (1)(2)(3)
Meat of domestic swine, fresh, chilled or frozen20 625 Free 750 Free 1 650 150
L1 09.4569 1601 00 (3)
Sausages and similar products of meat, meat offal or blood
1602 41-49 (3)
Other prepared or preserved meat, meat offal or blood of swineFree 150 Free 330 30
(1) Excluding tenderloin presented alone.
(2) Except CN codes 0203 11 90, 0203 12 90, 0203 19 90, 0203 21 90, 0203 22 90, 0203 29 90.
(3) This concession is only applicable to products not benefiting from export refunds.
B. PRODUCTS ORIGINATING IN LATVIA
Reduction of 100 % in Common Customs Tariff duty
(in tonnes)
Group No Order No CN code 1.7.2000 to 30.6.2001Annual increase as from
1.7.2001
19 09.4540 ex 0203 (1)(2)(3)
Meat of domestic swine, fresh, chilled or frozen1 250 125
20 09.4564 1601 00 (3)
Sausages and similar products of meat, meat offal or blood
1602 41-49 (3)
Other prepared or preserved meat, meat offal or blood of swine150 15
(1) Excluding tenderloin presented alone.
(2) Except CN codes NC 0203 11 90, 0203 12 90, 0203 19 90, 0203 21 90, 0203 22 90, 0203 29 90.
(3) This concession is only applicable to products not benefiting from export refunds.!M51995R2305 — EN — 31.05.2001 — 003.001 — 7
!M4
C. PRODUCTS ORIGINATING IN ESTONIA
Reduction of 100 % in Common Customs Tariff duty
(tonnes)
Group No Order number CN code1.7.2000 to
30.6.2001Annual
increase as
from 1.7.2001
21 09.4583 ex 0203 (1)(2)
Meat of domestic swine, fresh, chilled or frozen1 250 375
22 09.4584 1601 00
1602 41
1602 42
1602 49600 180
(1) Excluding tenderloin presented alone.
(2) Except CN codes 0203 11 90, 0203 12 90, 0203 19 90, 0203 21 90, 0203 22 90, 0203 29 90.1995R2305 — EN — 31.05.2001 — 003.001 — 8
ANNEX II
!M11995R2305 — EN — 31.05.2001 — 003.001 — 9
ANNEX III
!B1995R2305 — EN — 31.05.2001 — 003.001 — 10
ANNEX IV
(tonnes)
Group NoTotal quantity available for the period 1 October to
31 December 1996
18 525
19 52520 10521 52522 262,5!
M21995R2305 — EN — 31.05.2001 — 003.001 — 11
ANNEX V
!M61995R2305 — EN — 31.05.2001 — 003.001 — 12