1996R1251 — EN — 01.06.2001 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1251/96
of28June1996
openingandprovidingfortheadministrationoftariffquotasinthepoultrymeatsectorandalbumin
(OJ L 161, 29.6.1996, p. 136)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4.6.1997
►M2 Commission Regulation (EC) No 1211/97 of 27 June 1997 L 170 40 28.6.1997
►M3 Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
►M4 Commission Regulation (EC) No 1370/98 of 29 June 1998 L 185 15 30.6.1998
►M5 Commission regulation (EC) No 1327/1999 of 23 June 1999 L 157 37 24.6.1999
►M6 Commission Regulation (EC) No 1357/2000 of 27 June 2000 L 155 38 28.6.2000
►M7 Commission Regulation (EC) No 1043/2001 of 30 May 2001 L 145 24 31.5.2001
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) andCouncilRegul ation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No1251/96
of28June1996
openingandprovidingfortheadministrationoftariffquotasinthe
poultrymeatsectorandalbumin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXL
drawn up in the wake of the conclusion of the GATT Article XXIV.6
negotiations (1),
Having regard to CouncilRegul ation (EEC) No 2777/75 of 29 October
1975 on the common organization of the market in eggs (2), as last
amended by Regulation (EC) No 2916/95 (3), and in particular Article 15
thereof,
Whereas, the Community has undertaken, in the context of the World
Trade Organization, to open tariff quotas for certain products in the
poultrymeat sector; whereas therefore detailed rules for the applicationof these quotas should be laid down for the period 1 July 1996 to 30June 1997;
Whereas certain quotas were not opened during the period 1 January
1996 to 30 June 1996; whereas, therefore, these should be added to thequantities provided for in this Regulation;
Whereas the administration of the arrangements should be based on
import licences; whereas, to that end, detailed rules should be laid downfor submission of the applications and the information which mustappear on applications and licences, notwithstanding Article 8 ofCommission Regulation (EEC) No 3719/88 of 16 November 1988laying 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 2137/
95 (5); whereas, in addition, provision should be made for licences to be
issued after a period of consideration, applying, where necessary, asingle percentage of acceptance; whereas it is in the interests of
importers and exporters to allow a licence application to be withdrawn
after the coefficient of acceptance has been fixed;
Whereas, in order to ensure a regular flow of imports, the quantities
referred to in Annex I should be spread out over one year;
Whereas, to ensure proper administration of the system, the security for
import licences under the system should be fixed at ECU 20 per 100 kg(weight of product); whereas in order to eliminate the risk of speculationinherent in the system in the poultrymeat sector, precise conditions
governing access by traders to the said system should be laid down;
Whereas the attention of operators should be drawn to the fact that
licences may only be used for products which comply with all veterinary
provisions in force in the Community;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Poultrymeat andEggs,1996R1251 — EN — 01.06.2001 — 005.001 — 2
(1) OJ No L 146, 20. 6. 1996, p. 1.
(2) OJ No L 282, 1. 11. 1975, p. 77.
(3) OJ No L 305, 19. 12. 1995, p. 49.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 214, 8. 9. 1995, p. 21.
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HAS ADOPTED THIS REGULATION:
Article 1
The import tariff quotas listed in Annex I are opened annually for the
product groups and under the conditions indicated therein.
Article 2
The quotas referred to in Article 1 shall be subdivided as follows:
— 25 % from 1 July to 30 September,
— 25 % from October to 31 December,
— 25 % from 1 January to 31 March,
— 25 % from period 1 Aprilto 30 June.
However, for group P3 an additionalquantity of 60 tonnes shal lbe
available from 1 July to 30 September.
Article 3
All imports into the Community under the quotas referred to in Article 1
shall be subject to the presentation of an import licence.
Article 4
The import licences referred to in Article 3 shall be subject to the
following provisions:
(a) Applicants for import licences must be natural or legal persons who,
at the time their application is submitted, can prove to thesatisfaction of the competent authorities in the Member States that
they have imported not less than 50 tonnes of products falling within
the scope of Regulation (EEC) No 2777/75 in each of the twocalendar years preceding the year in which the licence application islodged. However, retail establishments or restaurants selling theirproducts to finalconsumers are excl uded from the benefits of this
system.
(b) Licence applications must not cover more than one of the groups
referred to in Annex I to this Regulation. They may involve several
products covered by different CN codes and originating in a singlecountry; in such cases, all the CN codes shall be indicated insections 15 and 16.
(SIC!) Licence applications must relate to at least 1 tonne and to a
maximum of 10 % of the quantity available for the group concernedand the periods specified in Annex 2.
(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) n
o1251/96
— Forordning (EF) nr. 1251/96— Verordnung (EG) Nr. 1251/96
—Κανονισµός (ΕΚ) αριθ. 1251 /96
— Regulation (EC) No 1251/96— Règlement (CE) n
o1251/96
— Regolamento (CE) n. 1251/96
— Verordening (EG) nr. 1251/96
— Regulamento (CE) no1251/96
— Asetus (EY) N:o 1251/96— Förordning (EG) nr 1251/96.1996R1251 — EN — 01.06.2001 — 005.001 — 3
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(e) Section 24 of licences shall show one of the following:
— Reglamento (CE) no1251/96
— Forordning (EF) nr. 1251/96
— Verordnung (EG) Nr. 1251/96
—Κανονισµός (ΕΚ) αριθ. 1251 /96
— Regulation (EC) No 1251/96
— Règlement (CE) no1251/96
— Regolamento (CE) n. 1251/96
— Verordening (EG) nr. 1251/96
— Regulamento (CE) no1251/96
— Asetus (EY) N:o 1251/96
— Förordning (EG) nr 1251/96.
Article 5
1. Licence applications shall be lodged during the first seven days of
the month preceding each period as specified in Article 2.
2.►M3Licence applications must be submitted to the competent
authority of the Member State in which the applicant is established orhas set up his registered office. Applications shall be admissible onlywhere the applicant declares in writing that he has not submitted andundertakes not to submit any other applications, in respect of the same
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 shall beinadmissible.
Where an applicant submits more than one application relating to
products in the same group, all applications from that person shall beinadmissible. However, an applicant may lodge more than oneapplication for import licences for products in one group, where suchproducts originate in different countries. Separate applications for each
country of origin must be submitted simultaneously to the competent
authority of a Member State. They shall be considered, as regards themaximum referred to in Article 4 (b) as well as application of the rulesin the previous subparagraph, as a single application.
3. A security of ECU 20 per 100 kilograms shall be lodged for import
licence applications for all products referred to in Article 1.
4. Member States shall notify the Commission, on the fifth working
day following the end of the application submission period, of
applications lodged for each of the products in the group in question.Such notification shall include a list of applicants and a statement of thequantities applied for in the group.
All notifications, including ‘nil’ notifications, shall be made by telex or
fax on the working day stipulated, drawn up in accordance with themodelin Annex II in cases where no appl ication is made, and with themodels in Annexes II and III in cases where applications have beenmade.
5. The Commission shall decide as quickly as possible to what extent
quantities may be awarded in respect of applications as referred to inArticle 4.
If quantities in respect of which licences have been applied for exceed
the quantities available, the Commission shall fix a single percentage ofacceptance for the quantities applied for. Where this percentage is lessthan 5%, the Commission may decide not to award the quantities applied
for; the securities shall be released immediately.
Operators may withdraw their licence applications within 10 working
days following publication of the single percentage of acceptance in the1996R1251 — EN — 01.06.2001 — 005.001 — 4
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Official Journal of the European Communities if application of the
percentage results in the fixing of a quantity less than 20 tonnes. TheMember States shall inform the Commission thereof within five days
following the withdrawal of the licence application and shall release the
security immediately.
The Commission shall calculate the quantity remaining, which shall be
added to the quantity available in respect of the following period of thequota period referred to in Article 1.
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 provisions in force in the Community.
8. Member States shall notify the Commission, before the end of the
fourth month following each annual period specified in Annex I, of thetotalvol ume of products imported for each of the groups under thisRegulation during that period.
All notifications, including ‘nil’ ones, shall be made using the model in
Annex IV to this Regulation.
Article 6
For the purposes of applying Article 21 (2) of Regulation (EEC) No
3719/88, import licences shall be valid for 150 days from the date ofactualissue, but not beyond the end of the period specified in Articl e 1.
Import licences issued pursuant to this Regulation shall not be
transferable.
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 beentered in section 19 of the licence.
Article 8
This Regulation shall enter into force on 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1996R1251 — EN — 01.06.2001 — 005.001 — 5
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ANNEX I
(tonnes)
Group No CN codeApplicable duty
(EUR/tonne)Tariff quotas from
1.7.2000
P 1 0207 11 10 131 6 200
0207 11 30 149
0207 11 90 162
0207 12 10 149
0207 12 90 162
P 2 0207 13 10 512 4 000
0207 13 20 179
0207 13 30 134
0207 13 40 93
0207 13 50 301
0207 13 60 231
0207 13 70 504
0207 14 20 179
0207 14 30 134
0207 14 40 93
0207 14 60 231
P 3 0207 14 10 795 700P 4 0207 24 10 170 1 000
0207 24 90 186
0207 25 10 170
0207 25 90 186
0207 26 10 425
0207 26 20 205
0207 26 30 134
0207 26 40 93
0207 26 50 339
0207 26 60 127
0207 26 70 230
0207 26 80 415
0207 27 30 134
0207 27 40 93
0207 27 50 339
0207 27 60 127
0207 27 70 2301996R1251 — EN — 01.06.2001 — 005.001 — 6
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ANNEX II
1996R1251 — EN — 01.06.2001 — 005.001 — 7
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ANNEX III
1996R1251 — EN — 01.06.2001 — 005.001 — 8
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ANNEX IV
1996R1251 — EN — 01.06.2001 — 005.001 — 9