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"BCOMMISSION REGULATION (EC) No 1486/95
of 28 June 1995
"M1 opening and providing for the administration of a tariff quota in the pigmeat sector 3
(OJ L 145, 29.6.1995, p. 58)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1176/96 of 27 June 1996 L 155 26 28.6.1996
"M2 Commission Regulation (EC) No 2068/96 of 29 October 1996 L 277 12 30.10.1996
"M3 Commission Regulation (EC) No 1244/97 of 30 June 1997 L 173 80 1.7.1997
"M4 Commission Regulation (EC) No 1390/98 of 30 June 1998 L 187 28 1.7.1998
"M5 Commission Regulation (EC) No 1409/1999 of 29 June 1999 L 164 51 30.6.1999
"M6 Commission Regulation (EC) No 1378/2000 of 28 June 2000 L 156 31 29.6.2000
"M7 Commission Regulation (EC) No 1006/2001 of 23 May 2001 L 140 13 24.5.2001
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).1995R1486 — EN — 31.05.2001 — 004.001 — 1
COMMISSION REGULATION (EC) No 1486/95
of 28 June 1995
"M1 opening and providing for the administration of a tariff quota
in the pigmeat sector 3
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Council Regulation (EEC) No 2759/75 of 29
October 1975 on the common organisation of the market in pigmeat (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 8 (2), 11 (1), and 22 thereof,
Whereas, in the framework of the Uruguay Round of the multilateral
trade negotiations, the Community negotiated various agreements in
particular that on agriculture; the agreement allows, among others,
certain products in the pigmeat sector coming from third countries access
to the Community market for a period of six years; it is now possible to
establish specific rules of application for the pigmeat sector for the
period from 1 July 1995 to 30 June 1996;
Whereas the agreement calls for the suppression of variable import levies
by converting into customs duties all the measures which restrict the
import of agricultural products;
Whereas, the administration of the arrangements should be based on
import licences; whereas, to that end, detailed rules for the submission of
applications and the information which must appear in 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 (3), as last amended
by Regulation (EC) No 1199/95 (4), should be laid down; whereas
provision should also be made for the licences to be issued after a period
for consideration and, where necessary, a single percentage should be
applied to determine the quantity awarded in respect of each application;
Whereas, in order to ensure that imports are regular, it is necessary to
define products covered by the import regime and to ensure that those
quantities referred to in Annex I are spread over the period from
1 July 1995 to 30 June 1996;
Whereas, in order to ensure proper administration of the arrangements,
the security for import licences under the system should be set at ECU 40
per 100 kg; whereas, in view of the arrangements’ inherent risk of
speculation as regards pigmeat, clear conditions should be laid down as
regards access by operators;
Whereas it is appropriate the draw the attention of operators to the fact
that licences may only be used for products which 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,!B
(1) OJ No L 282, 1. 11. 1975, p. 1.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 119, 30. 5. 1995, p. 4.1995R1486 — EN — 31.05.2001 — 004.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
The import tariff quotas referred to in Annex I shall be opened annually
for the groups of products and for the conditions laying them down.
Article 2
In accordance with the present Regulation, products of CN codes
ex 0203 19 55 and ex 0203 29 55 referred to in groups G 2 and G 3 of
Annex I have the following meanings assigned to them:
— ‘boneless loins’, loins and cuts thereof, without tenderloin, with or
without subcutaneous fat or rind,
— ‘tenderloin’, cuts including the meats of muscles muscumus major
psoas andmusculus minor psoas , with or without head, trimmed or
not trimmed.
Article 3
The quotas referred to in Article 1 shall be divided into quarterly figures
of 25 % applicable from 1 July, 1 October, 1 January and 1 April.
Article 4
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 of application, must prove to the satisfaction of the
competent authorities in the Member States that they have been
engaged in trade with third countries in pigmeat products for at least
the preceding 12 months; however, retail and catering establishments
selling their products to final consumers shall be excluded from the
regime;
(b) licence applications may refer to only one of the group numbers set
out in Annex I of this Regulation and may relate to more than one
product covered by different CN codes and originating from only one
country; in such cases, all the CN codes shall be indicated in section
16 and their descriptions in section 15; for group G 2, licence
applications must relate to at least 20 tonnes and to a maximum of
10 % of the quantity available for the period as specified in Article 3;
for the other groups, licence applications must relate to at least 1
tonne and to a maximum of 10 % of the quantity available for the
period as specified in Article 3.
(c) Section 8 of licence applications and licences shall show the country
of origin.
(d) section 20 of licence applications and licences shall show one of the
following:
— Reglamento (CE) no…,
— Forordning (EF) nr. …,
— Verordnung (EG) Nr. …,
—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. … ,
— Regulation (EC) No …,
— Règlement (CE) no…,
— Regolamento (CE) n. …,!B
!M6
!B
!M1
!M2
!B1995R1486 — EN — 31.05.2001 — 004.001 — 3
— Verordening (EG) nr. …,
— Regulamento (CE) no…,
— Asetus (EY) N:o …,— Förordning (EG) nr …;
(e) section 24 of licences shall show one of the following:
Duty of … pursuant to:
— Reglamento (CE) n
o…,
— Forordning (EF) nr. …,— Verordnung (EG) Nr. …,—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. … ,
— Regulation (EC) No …,— Règlement (CE) n
o…,
— Regolamento (CE) n. …,— Verordening (EG) nr. …,
— Regulamento (CE) n
o…,
— Asetus (EY) N:o …,— Förordning (EG) nr ….
Article 5
1. Licence applications shall be lodged during the first seven days of
the month preceding each period as specified in Article 3.
2. Licence applications shall only be admissible where the applicant
declares in writing that he has not submitted and undertakes not to
submit any other applications during the current period for products in
the same group fixed in Annex I in the Member State in which his
application is submitted or in any other Member State;
Where an applicant submits more than one application relating to
products in the same group 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 4 (b)
as well as application of the rule of the present Article, as a single
application.
3. A security of EUR 20 per 100 kilograms shall be lodged for import
licence applications for all products referred to in Article 1.
4. On the third working day following the end of the application
submission period, the Member States shall notify the Commission of
applications lodged for each of the products in the groups concerned.
Such notifications shall include a list of applicants and a statement of the
quantities applied for in each group.
All notifications, including ‘nil’ notifications shall be made by telex or
fax on the working day stipulated, using the model shown in Annex II in
cases where no applications have been made, and the models shown in
Annexes II and III in cases where applications have been made.
5. The Commission shall decide as quickly as possible what quantities
may be awarded in respect of applications referred to in Article 4.!B
!M7
!B
!M6
!B1995R1486 — EN — 31.05.2001 — 004.001 — 4
If the quantities in respect of which licences have been applied for
exceed the quantities available, the Commission shall fix a single
percentage of acceptance of the 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 immedi-
ately.
The trader may withdraw his licence application within 10 working days
of publication of the single percentage of acceptance in the Official
Journal of the European Communities where application of that rate
results in the fixing of a quantity of less than 20 tonnes for group G 2 and
less than 1 tonne for the other groups. Member States shall notify the
Commission, during the five days following withdrawal of the
application and shall immediately release corresponding security.
The Commission shall calculate the quantity remaining, which shall be
added to the quantity available in respect of the following quarter for the
same period referred to in Article I.
6. Licences shall be issued as quickly as possible after the Commission
has taken its decision.
7. Licences may only be used for products which comply with all
veterinary rules currently 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 IV .
Article 6
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 7
The dispositions of Regulation (EEC) No 3719/88 shall apply, without
prejudice to the provisions of this Regulation.
However, by way of derogation from 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
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.!B
!M1
!B
!M7
!B1995R1486 — EN — 31.05.2001 — 004.001 — 5
!M6
ANNEX I
Group No CN code Product descriptionCustoms
duty EUR/
tonneQuantities
in tonnes
from 1
July 2000
G2 ex 0203 19 55 Loins and hams boneless, fresh, chilled or frozen 250 34 000
ex 0203 29 55
G3 ex 0203 19 55 Tenderloin fresh, chilled or frozen 300 5 000
ex 0203 29 55
G4 1601 00 91 Sausages, dry or for spreading, uncooked 747
3 0001601 00 99 Other sausages g502
G5 1602 41 10 Other prepared or preserved meat, meat offal or blood 784
6 1001602 42 10 646
1602 49 11 784
1602 49 13 646
1602 49 15 646
1602 49 19 428
1602 49 30 375
1602 49 509
>>>>>>>>>=
>>>>>>>>>;
271
G6 0203 11 10 Carcases and half-carcases fresh, chilled or frozen 268 15 000
0203 21 10
G7 0203 12 11 Cuts of domestic swine, fresh, chilled or frozen, with
or without bone. Excluding tenderloin presented alone389
5 5000203 12 19 300
0203 19 11 300
0203 19 13 434
0203 19 15 233
ex 0203 19 55 434
0203 19 59 434
0203 22 11 389
0203 22 19 300
0203 29 11 300
0203 29 13 434
0203 29 15 233
ex 0203 29 55 434
0203 29 599
>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>;
4341995R1486 — EN — 31.05.2001 — 004.001 — 6
!M1
ANNEX II
1995R1486 — EN — 31.05.2001 — 004.001 — 7
ANNEX III
!M11995R1486 — EN — 31.05.2001 — 004.001 — 8
!M7
ANNEX IV
1995R1486 — EN — 31.05.2001 — 004.001 — 9