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"BCOMMISSION REGULATION (EC) No 1898/97
of 29 September 1997
"M3 laying down rules of application, in the pigmeat sector for the arrangements covered by
Council Regulations (EC) No 1727/2000, (EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000,(EC) No 2435/2000 and (EC) No 2851/2000 and repealing Regulations (EEC) No 2698/93 and (EC)
No 1590/94
3
(OJ L 267, 30.9.1997, p. 58)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 618/98 of 18 March 1998 L 82 35 19.3.1998
"M2 Commission Regulation (EC) No 2072/2000 of 29 September
2000L 246 34 30.9.2000
"M3 Commission Regulation (EC) No 2866/2000 of 27 December
2000L 333 9 29.12.2000
Corrected by:
"C1 Corrigendum, OJ L 40, 13.2.1998, p. 18 (1898/97)
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).1997R1898 — EN — 01.07.2000 — 002.001 — 1
COMMISSION REGULATION (EC) No 1898/97
of 29 September 1997
"M3 laying down rules of application, in the pigmeat sector for the
arrangements covered by Council Regulations (EC) No 1727/2000,
(EC) No 2290/2000, (EC) No 2433/2000, (EC) No 2434/2000, (EC) No
2435/2000 and (EC) No 2851/2000 and repealing Regulations (EEC)
No 2698/93 and (EC) No 1590/94 3
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3066/95 of 22 December
1995 establishing certain concessions in the form of Community tariff
quotas for certain agricultural products and providing for the adjustment,
as an autonomous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreements to take account of
the Agreement on Agriculture concluded during the Uruguay Round
Multilateral Trade Negotiations (1), as last amended by Regulation (EC)
No 1595/97 (2), and in particular Article 8 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 Regulation (EC) No 3066/95 adjusts as an autonomous and
transitional measure the agricultural concessions in the Europe Agree-
ments concluded between the European Communities and their Member
States of the one part and the Republic of Poland, the Republic of
Hungary, the Czech Republic, the Slovak Republic, the Republic of
Bulgaria and Romania respectively of the other part, for the period 1
January 1996 to entry into force of the Additional Protocols; whereas
these adjustments were extended by Council Regulation (EC)
No 2490/96 (5) to 31 December 1997; whereas owing to procedural
delays the Additional Protocols to the Europe Agreements, negotiation of
which are concluded, cannot enter into force on 1 July 1997; whereas
Regulation (EC) No 3066/95 has therefore been amended by Regulation
(EC) No 1595/97 in order to allow early implementation in the
agricultural sector of the negotiation results;
Whereas, while bearing in mind the provisions of the Interim Agree-
ments intended to guarantee product origin, the arrangements should be
operated using import licences; whereas rules on the presentation of
licence applications and to the entries to be made on applications and
licences are required that differ from those in 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 (6), as last amended by Regulation (EC) No 1404/97 (7);
whereas licences should be issued following a reflection period and
possibly with a common percentage acceptance applied;
Whereas for the purposes of smooth operation of the arrangements
security of ECU 30 per 100 kilograms should be required against import
licences; whereas given the risk of speculative misuse of the
arrangements where pigmeat is concerned importer access to these
products should be precisely regulated;!B
(1) OJ L 328, 30. 12. 1995, p. 31.
(2) OJ L 216, 8. 8. 1997, p. 1.
(3) OJ L 282, 1. 11. 1975, p. 1.
(4) OJ L 349, 31. 12. 1994, p. 105.
(5) OJ L 338, 28. 12. 1996, p. 13.
(6) OJ L 331, 2. 12. 1988, p. 1.
(7) OJ L 194, 23. 7. 1997, p. 5.1997R1898 — EN — 01.07.2000 — 002.001 — 2
Whereas import licences for certain product categories in the pigmeat
sector have already been assigned for the period 1 July to
30 September 1997 in line with Commission Regulation (EC) No
1461/97 of 25 July 1997 determining the extent to which applications
lodged in July 1997 for import licences for certain pigmeat products
under the regime provided for by the Agreements concluded by the
Community with the Republic of Poland, the Republic of Hungary, the
Czech Republic and the Slovak Republic can be accepted (1) and with
Commission Regulation (EC) No 1462/97 of 25 July 1997 determining
the extent to which applications lodged in July 1997 for import licences
for certain pigmeat products under the regime provided for by the
Agreements concluded by the Community with Bulgaria and Romania
can be accepted (2); whereas the quantities available for the period 1
October to 31 December 1997 should be set by reference to the quantities
agreed and quotas set for the period 1 July to 31 December 1997;
Whereas Commission Regulation (EEC) No 2698/93 (3), as last amended
by Regulation (EC) No 691/97 (4), lays down detailed rules for
application in the pigmeat sector of the arrangements provided for in
the Interim Agreements between the European Economic Community
and Poland, Hungary, and the former Czech and Slovak Federative
Republic; whereas since it is replaced by this Regulation it should be
repealed;
Whereas Commission Regulation (EC) No 1590/94 (5), as last amended
by Regulation (EC) No 691/97, lays down detailed rules for application
in the pigmeat sector of the arrangements provided for in the Interim
Agreements between the Community and Bulgaria and Romania;
whereas since it is replaced by this Regulation it should be repealed;
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 laid down in
Regulations (EC) No 1727/2000, 2290/2000, (EC) No 2433/2000, (EC)
No 2434/2000, (EC) No 2435/2000 and (EC) No 2851/2000 of products
covered by group Nos 1, 2, 3, 4, H1, 7, 8, 9, T1, T2, T3, S1, S2, B1, 15,
16 and 17 provided for in Annex I to this Regulation shall be subject to
presentation of an import licence.
The quantities covered by these arrangements and the reduction in the
Common Customs Tariff duty are listed by group in Annex I.
Article 2
The quantities referred to in Article 1 are, for each period specified in
Annex I, allocated as follows:
— 1 July to 30 September: 25 %,— 1 October to 31 December: 25 %,
— 1 January to 31 March: 25 %,
— 1 April to 30 June: 25 %.!B
(1) OJ L 199, 26. 7. 1997, p. 22.
(2) OJ L 199, 26. 7. 1997, p. 24.
(3) OJ L 245, 1. 10. 1993, p. 80.
(4) OJ L 102, 19. 4. 1997, p. 12.
(5) OJ L 167, 1. 7. 1994, p. 16.!M3
!B1997R1898 — EN — 01.07.2000 — 002.001 — 3
Article 3
The following provisions shall apply to the import licences referred to in
Article 1:
1. Applicants must be natural or legal persons who at the time of
application can satisfy the competent authority of their Member
State that they have been engaging in "C1trade with third
countries in pigmeat for at least 12 months. 3 Retailers and
restaurateurs selling products to the final consumer are excluded.
2. Licence applications may cover only one of the groups indicated in
Annex I. They may cover products of differing CN codes originating
in only one of the countries to which this Regulation relates. In such
cases all the CN codes and product descriptions must be entered in
boxes 16 and 15 respectively. The application must be for a
minimum of one tonne and a maximum of 25 % of the quantity
available for the group concerned during the quarter in question as
specified in Article 2.
3. Box 8 of the licence application and the licence shall show the
country of origin; the licence shall impose an obligation to import
from that country.
4. Box 20 of the licence application and the licence shall carry one of
the following entries:
— Reglamento (CE) no1898/97
— Forordning (EF) nr. 1898/97— Verordnung (EG) Nr. 1898/97—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1898/97
— Regulation (EC) No 1898/97
— Règlement (CE) n
o1898/97
— Regolamento (CE) n. 1898/97— Verordening (EG) nr. 1898/97— Regulamento (CE) n
o1898/97
— Asetus (EY) N:o 1898/97— Förordning (EG) nr 1898/97.
5. Box 24 of the licence shall carry one of the following entries:
— Reducción del derecho de aduana en virtud del Reglamento (CE)
n
o1898/97
— Nedsættelse af importafgiften jf. forordning (EF) nr. 1898/97— Ermäßigung des Zollsatzes nach dem GZT gemäß Verordnung
(EG) Nr. 1898/97
—Μείωση τ/omikronυ δασµ/omikronύ /omikronacuteπως πρ/omikron/betatwoλέπεται στ/omikronν καν/omikronνισµ/omikronacute
(ΕΚ) αριθ. 1898/97
— Customs duty reduction as provided for in Regulation (EC) No
1898/97
— Réduction du droit de douane comme prévu au règlement (CE)
n
o1898/97
— Riduzione del dazio doganale a norma del regolamento (CE) n.
1898/97
— Douanerecht verlaagd overeenkomstig Verordening (EG) nr.
1898/97
— Redução do direito aduaneiro conforme previsto no Regula-
mento (CE) no1898/97
— Tullialennus, josta on säädetty asetuksessa (EY) N:o 1898/97!B1997R1898 — EN — 01.07.2000 — 002.001 — 4
— Nedsättning av tullavgiften enligt förordning (EG) nr 1898/97.
Article 4
1. Licence applications may be lodged only in the first 10 days of each
period specified in Article 2.
2. Applications shall be invalid if the applicant does not declare in
writing that he has not lodged and will not lodge, for the period in
question, other applications for products of the same group in the
Member State of lodgement or another Member State. If an applicant
lodges more than one application for products of one group none of the
applications shall be valid.
3. Member States shall notify to the Commission, on the "M1third
3working day following the end of the period for lodging applications,
those lodged for each of the products of the groups in question. The
applicants and quantities for each group shall be listed. All notifications,
including ‘nil’ ones, shall be made by telex or fax on the stipulated
working day. The form reproduced as Annex II shall be used for ‘nil’
notifications and those reproduced as Annexes II and III if applications
have been made.
4. The Commission shall decide with all speed to what the applications
referred to in Article 3 can be met.
If the total amount applied for is more than that available the quantities
granted shall be scaled down by a common percentage.
If it is less than the amount available the Commission shall determine the
quantity to be added to that available for the next period.
5. Licences shall be issued as soon as possible after the Commission’ s
decision.
6. Licences shall be valid throughout 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 their actual date of issue.
However, licences shall not be valid beyond 30 June of the year of issue.
Licences shall not be transferable.
Article 6
Security of EUR 20 per 100 kg shall be lodged against applications for
import licences for any product indicated in Article 1.
Article 7
The provisions of Regulation (EEC) No 3719/88 shall be applicable
except as otherwise provided by this Regulation.
However, Article 8 (4) of that Regulation notwithstanding, quantities
imported pursuant to this Regulation may not exceed that indicated in
boxes 17 and 18 of the import licence. To that end ‘0’ shall be entered in
box 19 of the licence.
Article 8
The products shall be placed in free circulation on presentation fo an
EUR.1 certificate issued by the exporting country in accordance with
Protocol 4 to the Europe Agreements concluded with the said countries,
or, of a declaration by the exporter in accordance with the provisions of
the said Protocol.!B
!M2
!B1997R1898 — EN — 01.07.2000 — 002.001 — 5
Article 9
The Member States shall cooperate closely with the Commission to
ensure compliance with this Regulation.
Article 10
The quantities available for applications in the period 1 to 10 October
1997 are given in Annex IV hereto.
Article 11
Regulations (EEC) No 2698/93 and (EC) No 1590/94 are hereby
repealed.
Article 12
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply with effect from 1 July 1997.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1997R1898 — EN — 01.07.2000 — 002.001 — 6
ANNEX I
A. PRODUCTS ORIGINATING IN HUNGARY
Order
NoGroup
NoCN code Description (1)Applicable
dutyAnnual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4705 1 1601 00 91
1601 00 99Sausages, dry or other free 8 750 875 (2)
09.4706 2 1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50Other preparations, pre-
served meat of domestic
swinefree 900 90 (2)
09.4704 3 0210 11 11
0210 12 11
0210 19 40
0210 19 51Meat of domestic swine,
salted or in brinefree 1 000 100 (2)
09.4708 4 ex 0203 Meat of domestic swine,
fresh, chilled or frozenfree 40 000 4 000 (2)(3)
09.4727 H1 1501 00 19 Pig fat (including lard),
other164 EUR/t 2 400 240
B. PRODUCTS ORIGINATING IN POLAND
Order
NoGroup
NoCN code Description (1)Applicable
duty
(% of MFN)Annual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4806 7 1601 00 Sausages and similar
products of meat, meat
offal or blood; food prep-
arations based on theseproductsfree 16 000 1 600 (
2)
ex 1602 Other prepared or pre-
served meat, meat offalor blood, of swine:
1602 41 – Hams and cuts thereof
1602 42 – S houlders and cuts
thereof
1602 49 – Other, including mix-
tures
09.4820 8 0103 92 19 Live domestic pigs 20 1 750 009.4809 9 ex 0203 Meat of domestic swine,
fresh, chilled, or frozenfree 30 000 3 000 (
2)(3)
ex 0210 Meat of swine: (2)
0210 11 – Ham, shoulders and cuts
thereof, with bone in
0210 12 – Bellies and cuts thereof
0210 19 – Other!B
!M2
!M31997R1898 — EN — 01.07.2000 — 002.001 — 7
C. PRODUCTS ORIGINATING IN THE CZECH REPUBLIC
Order
NoGroup
NoCN code Description (1)Applicable
duty
(% of MFN)Annual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4625 T1 0103 91 10
0103 92 19Live domestic pigs 20 1 500 0
09.4626 T2 ex 0203 Meat of domestic swine,
fresh, chilled or frozenfree 10 000 1 500 (2)(3)
0210 11 to
0210 19Meat of swine, salted, in
brine, dried or smoked(2)
09.4629 T3 1601 00 Sausages and similar
productsfree 2 300 690 (2)
1602 41 to
1602 49Prepared or preserved
meat of swine
D. PRODUCTS ORIGINATING IN THE SLOV AK REPUBLIC
Order
NoGroup
NoCN code Description (1)Applicable
duty
(% of MFN)Annual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4632 S1 ex 0203 Meat of domestic swine,
fresh, chilled or frozenfree 2 000 300 (2)(3)
0210 11 to
0210 19Meat of swine, salted, in
brine, dried or smoked(2)
09.4634 S2 1601 00 Sausages and similar
productsfree 200 50 (2)
1602 41 to
1602 49Prepared or preserved
meat of swine
E.PRODUCTS ORIGINATING IN BULGARIA
Order
NoGroup
NoCN code Description (1)Applicable
duty
(% of MFN)Annual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4671 B1 ex 0203 Meat of domestic swine,
fresh, chilled or frozenfree 1 500 500 (2)(3)
0210 11
0210 12
0210 19Meat of swine, salted, in
brine, dired or smoked
1601 00 Sausages and similar
products
1602 41
1602 42
1602 49Prepared or preserved
meat, meat offal or bloodof swine!
M31997R1898 — EN — 01.07.2000 — 002.001 — 8
F.PRODUCTS ORIGINATING IN ROMANIA
Order
NoGroup
NoCN code Description (1)Applicable
duty
(% of MFN)Annual
quantity
from
1.7.2000 to
30.6.2001
(tonnes)Annual in-
crease as
from
1.7.2001
(tonnes)Special
provisions
09.4751 15 1601 00 91
1601 00 99Sausages, other than of
liver20 1 125 0
09.4752 16 1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50Preserved meat of do-
mestic swine20 2 125 0
09.4756 17 ex 0203 Meat of domestic swine,
fresh, chilled or frozen20 15 625 0 (3)
(1) Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be
considered as having no more than indicative value, the preferential scheme being determined, within the context of this Annex, bythe coverage of the CN code. Where ex CN codes are indicated, the preferential scheme is to be determined by application to the CNcode and corresponding description taken together.
(
2) This concession is only applicable to products not benefiting from any kind of export subsidies.
(3) Excluding tenderloin presented alone.!M31997R1898 — EN — 01.07.2000 — 002.001 — 9
ANNEX II
!B1997R1898 — EN — 01.07.2000 — 002.001 — 10
ANNEX III
!B1997R1898 — EN — 01.07.2000 — 002.001 — 11
ANNEX IV
(tonnes)
Group No Quantity available
1 2 413,5
2 267,7
3 841
4 10 585,3
H1 1 200
H2 250
5 1 650
6 1 125,3
7 5 170
8 770
9 5 610
10/11 320
12/13 1 265
14 165
15 490
16 904,3
17 6 875!B1997R1898 — EN — 01.07.2000 — 002.001 — 12