1995R1866 — EN — 31.07.1997 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
aB COMMISSIONREGULATION (EC)No1866/95
of26July1995
aM2 establishing detailed rules for application in the eggs and poultrymeat sector of the
arrangements provided for in the free trade agreements between the Community, of the one
part,andEstonia,LatviaandLithuania,oftheotherpart c
(OJ L 179, 29.7.1995, p. 26)
Amended by:
Official Journal
No page date
aM1Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
aM2Commission Regulation (EC) No 2166/96 of 12 November 1996 L 290 6 13.11.1996
aM3Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
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) and Council Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
1995R1866 — EN — 31.07.1997 — 003.001 — 2
bB
COMMISSIONREGULATION(EC)No1866/95
of26July1995
aM2 establishing detailed rules for application in the eggs and
poultrymeat sector of the arrangements provided for in the freetrade agreements between the Community, of the one part, and
Estonia,LatviaandLithuania,oftheotherpart c
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1275/95 of 29 May
1995 on certain procedures for applying the Agreement on free tradeand trade related matters between the European Community, the Eur-opean AtomicEnergy Community and the European Coal and Steel
Community, of the one part, and the Republicof Estonia, of the other
part(
1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1276/95 of 29 May
1995 on certain procedures for applying the Agreement on free tradeand trade related matters between the European Community, the Eur-opean AtomicEnergy Community and the European Coal and SteelCommunity, of the one part, and the Republicof Latvia, of the otherpart(
2) 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 Eur-
opean AtomicEnergy Community and the European Coal and SteelCommunity, of the one part, and the Republicof Lithuania, of theother part(
3), and in particular Article 1 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of 29 Octo-
ber 1975 on the common organization of the market in poultrymeat(4),
as last amended by the Act of Accession of Austria, Finland and Swe-
den, and by Regulation (EC) No 3290/94(5), and in particular Article
15 thereof,
Whereas the Agreements on free trade and trade related matters
between the European Community, the European AtomicEnergy
Community and the European Coal and Steel Community, of the onepart, and the Republicof Estonia(
6), the Republicof Latvia(7) and the
Republicof Lithuania(8), of the other part, were signed on 18 July
1994;
Whereas these Agreements on free trade and trade related matters pro-
vided for a reduction of 60 % in the duties set by the common cus-
toms tariff for the import of certain poultrymeat products, within cer-
tain quantitative limits; whereas, to ensure that imports comply withthe rules in force, those quantities should be staggered over the year;
Whereas, while bearing in mind the Agreements on free trade and
trade related matters intended to guarantee the origin of the product,provision should be made for the administration of the said arrange-ments to be guaranteed by import licences; whereas, to that end, not-withstanding 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 agriculture products(
9), as last amended by Reg-
(1) OJ No L 124, 7. 6. 1995, p. 1.
(2) OJ No L 124, 7. 6. 1995, p. 2.
(3) OJ No L 124, 7. 6. 1995, p. 3.
(4) OJ No L 282, 1. 11. 1975, p. 77.
(5) OJ No L 349, 31. 12. 1994, p. 105.
(6) OJ No L 373, 31. 12. 1994, p. 1.
(7) OJ No L 374, 31. 12. 1994, p. 1.
(8) OJ No L 375, 31. 12. 1994, p. 1.
(9) OJ No L 331, 2. 12. 1988, p. 1.
1995R1866 — EN — 31.07.1997 — 003.001 — 3
bB
ulation (EC) No 1199/95(1), detailed rules for submission of the appli-
cations and licences should be laid down; whereas, in addition, provi-sion should be made for the certificates and licences to be issued after
a period of consideration, applying, where necessary, a single accep-
tance rate;
Whereas, in order to ensure proper administration of the system, the
security for import licences under the said system should be fixed atECU 20 per 100 kg; whereas, in view of the likelihood of speculationinherent in the system in the poultrymeat sector, precise conditionsgoverning 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 the veter-inary requirements in force in the Community;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for poultrymeat
and eggs,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community under the arrangements provided for
in Article 14 (1), (2) and (3) of the Agreements on free trade andtrade related matters between the Community, of the one part, andLithuania and Latvia of the other, or under the arrangements providedfor in Article 13 (1), (2) and (3) of the Agreements on free trade and
trade related matters between the Community, of the one part, and
Estonia of the other, of products in groups 50, 60 and 70 referred toin Annex I to this Regulation, shall be subject to the presentation ofan import licence.
The quantities of products to which those arrangements apply and the
rates of reduction in the levies set in the common customs tariff shallbe those listed by group in Annex I.
The rate of reduction in the levy shall be that provided for in Article
2 for the period for which a licence is requested.
Article 2
From 1 July 1996 the quantities indicated in Annex I shall be stag-
gered 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 from 11 to 20 Novem-
ber 1996.
Article 3
The import licences provided for in Article 1 shall be subject to the
following rules:
(a) applicants for import licences must be natural or legal persons
who, at the time at which applications are submitted, can prove tothe satisfaction of the competent authorities in the Member Statesthat they have imported or exported at least 25 tonnes (by weight
(1) OJ No L 119, 30. 5. 1995, p. 4.bM2
bB
bM2
1995R1866 — EN — 31.07.1997 — 003.001 — 4
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of product) in the case of products covered by Regulation (EEC)
No 2777/75 and 5 tonnes (eggs and shell equivalent) in the caseof products covered by Regulations (EEC) No 2771/75 and (EEC)
No 2783/75 during both of the two calendar years preceding the
year in which the licence applications were submitted. Howeverretail establishments or restaurants selling their products to finalconsumers are excluded from the benefit of this scheme;
(b) the licence application may involve only one of groups 50, 60 and
70 referred to in Annex I to this Regulation. The application mayinvolve several products covered by different CN codes and origi-
nating in one of the countries covered by this Regulation. In such
cases, all the CN codes shall be indicated in Section 15 and theirdesignation in section 16;
A licence application must relate to at least one tonne and to a
maximum of 25 % of the quantity available for the group con-cerned and the period as specified in Article 2;
(c) Section 8 of licence applications and licences shall indicate 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) n
o1866/95,
— Forordning (EF) nr. 1866/95,— Verordnung (EG) Nr. 1866/95,—Kanonism/C213ß (EK) ariu. 1866 /95,
— Regulation (EC) No 1866/95,— RTVwSSglement (CE) n
o1866/95,
— Regolamento (CE) n. 1866/95,— Verordening (EG) nr. 1866/95,— Regulamento (CE) n
o1866/95,
— Asetus (EY) N:o 1866/95,
— FTVHIFrordning (EG) nr 1866/95
(e) Section 24 of licences shall show atleast one of the following:
— Reglamento (CE) no1866/95,
— Forordning (EF) nr. 1866/95,
— Verordnung (EG) Nr. 1866/95,—Kanonism/C213ß (EK) ariu. 1866 /95,
— Regulation (EC) No 1866/95,— RTVwSSglement (CE) n
o1866/95,
— Regolamento (CE) n. 1866/95,— Verordening (EG) nr. 1866/95,— Regulamento (CE) n
o1866/95,
— Asetus (EY) N:o 1866/95,— FTVHIFrordning (EG) nr 1866/95.
Article 4
1. Licence application may be lodged only during the first 10 days
of each period as specified in Article 2.
2. Licence applications must be submitted to the competent author-
ity of the Member State in which the applicant is established or hasset up his registered office. Applications shall be admissible only
where the applicant declares in writing that he has not submitted and
undertakes not to submit any other applications, in respect of thesame period, concerning products in the same group.
Where the same applicant submits more than one application relating
to products in the same group, all applications from that person shallbe inadmissible.b
B
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3. The Member States shall notify the Commission on the fifth
working day following the end of the application submission period ofapplications 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 nilreturns, shall be made by fax on the working day stipulated, using themodel in Annex II to this Regulation in cases where no applicationhas 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 the applicationsreferred 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 acceptancerate as a percentage of 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 inrespect of the following period.
5. Licences shall be issued as quickly as possible after the Commis-
sion has taken its decision.
6. Licences issued shall be valid throughout the Community.7. Licences may be used for products complying with all the veter-
inary requirements in force in the Community.
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.
Import licences issued pursuant to this Regulation shall not be trans-
ferable.
Article 6
A security of ECU 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, notwithstanding Article 8 (4) of that Regulation, the quan-
tity imported under this Regulation may not exceed that shown in sec-tions 17 and 18 of the import licence. The figure ‘0’ shall accordinglybe entered in section 19 of licences.
Article 8
The imported products shall be placed in free circulation on presenta-
tion 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 August 1995.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
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ANNEX I
A.PRODUCTSORIGINATINGINLATVIA
Reductionof80%inCommonCustomsTariffduty
(tonnes)
Group No CN code1. 7.1996 to
30. 6. 19971. 7.1997 to
30. 6. 19981. 7.1998 to
30. 6. 19991. 7.1999 to
30. 6. 2000From 1. 7.
2000
50 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 10
0207 12 90
0207 13 50
0207 13 60
0207 14 50
0207 14 60
B.PRODUCTSORIGINATINGINLITHUANIA
Reductionof80%inCommonCustomsTariffduty
(tonnes)
Group No CN code1. 7.1996 to
30. 6. 19971. 7.1997 to
30. 6. 19981. 7.1998 to
30. 6. 19991. 7.1999 to
30. 6. 2000From 1. 7.
2000
60 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 100207 12 90
0207 13 50
0207 13 60
0207 14 50
0207 14 60
C.PRODUCTSORIGINATINGINESTONIA
Reductionof80%inCommonCustomsTariffduty
(tonnes)
Group No CN code1. 7.1996 to
30. 6. 19971. 7.1997 to
30. 6. 19981. 7.1998 to
30. 6. 19991. 7.1999 to
30. 6. 2000From 1. 7.
2000
70 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 10
0207 12 90
0207 13 50
0207 13 60
0207 14 50
0207 14 60
75 0408 11 105 110 115 120 125bM2
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ANNEX II

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ANNEX III

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ANNEX IV
(tonnes)
Group NoTotal quantity available for period 1 Octo-
ber to 31 December 1996
50 262,5
60 262,5
70 262,5
75 52,5