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"BCOMMISSION REGULATION (EC) No 1474/95
of 28 June 1995
"M6 opening and providing for the administration of the tariff quotas in the egg sector and for egg
albumin 3
(OJ L 145, 29.6.1995, p. 19)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
"M2 Commission Regulation (EC) No 573/96 of 29 March 1996 L 80 54 30.3.1996
"M3 Commission Regulation (EC) No 876/96 of 14 May 1996 L 118 17 15.5.1996
"M4 Commission Regulation (EC) No 937/96 of 24 May 1996 L 127 26 25.5.1996
"M5 Commission Regulation (EC) No 1102/96 of 19 June 1996 L 146 30 20.6.1996
"M6 Commission Regulation (EC) No 1219/96 of 28 June 1996 L 161 55 29.6.1996
"M7 Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4.6.1997
"M8 Commission Regulation (EC) No 1242/97 of 30 June 1997 L 173 77 1.7.1997
"M9 Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
"M10 Commission Regulation (EC) No 1371/98 of 29 June 1998 L 185 17 30.6.1998
"M11 Commission Regulation (EC) No 1323/1999 of 23 June 1999 L 157 29 24.6.1999
"M12 Commission Regulation (EC) No 1356/2000 of 27 June 2000 L 155 36 28.6.2000
Corrected by:
"C1 Corrigendum, OJ L 181, 1.8.1995, p. 44 (1474/95)
"C2 Corrigendum, OJ L 148, 21.6.1996, p. 58 (1102/96)
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).1995R1474 — EN — 01.07.2000 — 003.001 — 1
COMMISSION REGULATION (EC) No 1474/95
of 28 June 1995
"M6 opening and providing for the administration of the tariff
quotas in the egg sector and for egg albumin 3
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organization of the market in eggs (
1), as last
amended by the Act of Accession of Austria, Finland and Sweden and by
Regulation (EC) No 3290/94 (2), and in particular Articles 3 (2), 6 (1)
and 15 thereof,
Having regard to Council Regulation (EEC) No 2783/75 of 29 October
1975 on the Common system of trade for ovalbumin and lactalbumin (3),
as last amended by the Act of Accession of Austria, Finland and Sweden
and by Regulation (EC) No 3290/94, and in particular Articles 2 (1), 4
(1) and 10 thereof,
Whereas the Community has negotiated, in the framework of the
Multilateral Trade negotiations of the Uruguay Round, various agree-
ments and in particular the agreement on agriculture; whereas this
agreement provides, amongst others, for the access to the Community
markets of certain products in the egg sector and of egg albumin coming
from third countries for a period of six years; whereas therefore detailed
rules for the application of the import system in the egg and for egg
albumin should be laid down for the period 1 July 1995 to 30 June 1996;
Whereas the administration of the arrangements should be based on
import licences; whereas, to that end, the detailed rules for submission of
the applications and the information which must appear on the
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 (4), as last amended by Regulation (EC) No 1199/95 (5), 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 percentage of acceptance; whereas it is in the interest
of importers and exporters to allow the licence application to be
withdrawn after the coefficient of acceptance has been fixed;
Whereas, in order to ensure the regularity of imports, the quantity refered
to in Annex I should be staggered over one year;
Whereas, in order to ensure proper administration of the system, the
security for import licences under the said system the security should be
fixed at ECU 20 per 100 kg (shell egg equivalent);
Whereas in order to ensure that the system is working properly and in
particular to eliminate the risk of speculation inherent in the system in
the egg and albumin sector, precise conditions governing access by
traders to the said system should be laid down aiming at ensuring the
seriousness of their acitivities in this sector;
Whereas the attention of the 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 Management Committee for Poultrymeat and Eggs has not
delivered an opinion within the time limit set by its chairman,!B
(1) OJ No L 282, 1. 11. 1975, p. 49.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 282, 1. 11. 1975, p. 104.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 119, 30. 5. 1995, p. 4.1995R1474 — EN — 01.07.2000 — 003.001 — 2
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 staggered as follows:
for group E1:
— 20 % in the period 1 July to 30 September,
— 30 % in the period 1 October to 31 December,
— 30 % in the period 1 January to 31 March,
— 20 % in the period 1 April to 30 June;
For groups E2 and E3:
— 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.
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 applications are submitted, can prove to the satisfaction of
the competent authorities in the Member States that they have
imported not less than "C150 tonnes (shell egg equivalent) 3of
products falling within the scope of Regulation (EEC) No 2771/75
(excluding hatching eggs) and (EEC) No 2783/85 in each of the two
calendar years preceding the year in which the licence application is
lodged or who are approved in accordance with Article 6 (1) of
Council Directive 89/437/EEC (1) for the treatment of egg products.
However, retail establishments or restaurants selling their products to
final consumers are excluded from the benefits of this system;
(b) licence applications must not involve more than one of the groups
referred to in Annex I of this Regulation. They may involve several
products covered by different CN codes and originating in one single
country; in such cases, all the CN codes shall be indicated in section
16 and their descriptions in section 15. Regarding groups E2 and E3,
the total quantity shall be converted into shell egg equivalent.
Licence applications must relate to at least one tonne and to a
maximum of 10 % of the quantity available for the group concerned
and the periods specified in Article 2;
(c) section 8 of licence applications and licences shall show the country
of origin;!B
(1) OJ No L 212, 22. 7. 1989, p.87.!M12
!B
!M71995R1474 — EN — 01.07.2000 — 003.001 — 3
(d) Section 20 licence applications and licences shall show one of the
following:
Reglamento (CE) no1474/95
Forordning (EF) nr. 1474/95Verordnung (EG) Nr. 1474/95Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1474/95
Regulation (EC) No 1474/95
Règlement (CE) n
o1474/95
Regolamento (CE) n. 1474/95Verordening (EG) nr. 1474/95Regulamento (CE) n
o1474/95
Asetus (EY) N:o 1474/95Förordning (EG) nr 1474/95;
(e) Section 24 of licences shall show one of the following:
Reducción del derecho del AAC conforme a lo establecido en el
Reglamento (CE) n
o1474/95
Reduktion i toldsatsen i henhold til forordning (EF) nr. 1474/95Ermäßigung des Zollsatzes gemäß Verordnung (EG) Nr. 1474/95Μείωση τ/omikronυ δασµ/omikronύ τ/omikronυ Κ∆ /omikronacuteπως πρ/omikron/betatwoλέπεται στ/omikronν Καν/omikronνι-
σµ/omikronacute (ΕΚ) αριθ. 1474/95
Reduction of CCT duty pursuant to Regulation (EC) No 1474/95
Réduction du droit du tarif douanier commun comme prévu au
règlement (CE) n
o1474/95
Riduzione del dazio TDC come prevede il regolamento (CE) n.
1474/95
Verlaging van het GDT -recht op grond van Verordening (EG) nr.
1474/95
Redução do direito da PAC previsto no Regulamento (CE) no
1474/95
Maksua alennettu seuraavan mukaisesti: Asetus (EY) N:o 1474/95Reduktion av Gemensamma tulltaxans tariffer enligt förordning
(EG) nr 1474/95.
Article 5
1. Licence applications may be lodged only during the first 10 days of
each period as specified in Article 2.
"M4However, for the quarter
from 1 April to 30 June 1996, the licence applications may only be
lodged during the 10-day period starting on 21 June. 3
2."M9Licence applications must be submitted to the competent
authority of the Member State in which the applicant is established or has
set 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 the same period,
concerning products in the same group. 3
Where the same applicant submits more than one application relating to
products in the same group, all applications from that person shall be
inadmissible.
However, each applicant may lodge more than one application for import
licences for products in one group, where such products originate in
more than one country. Separate applications for each country of origin
must be submitted simultaneously to the comeptent 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 rules in the
previous subparagraph, as single applications.!B
!M9
!B1995R1474 — EN — 01.07.2000 — 003.001 — 4
3. A security of ECU 20 per 100 kilograms shell egg equivalent 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 the
quantities applied for in the group.
All notifications, including ‘nil’ notifications, shall be made by telex or
fax on the working day stipulated, drawn up on the model shown in
Annex II in cases where no application is made, and the models shown in
Annexes II and III in cases where applicaitons have been made.
5. The Commission shall decide as quickly as possible to what extent
quantities may be awarded in respect of applications as referred to in
Article 4.
If quantities in respect of which licences have been applied for exceed
the quantities available, the Commission shall fix a single percentage of
acceptance for the quantities applied for. Where this percentage is less
than 5 %, it is possible that the Commission will not 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 the
Official Journal of the European Communities if application of the
percentage results in the fixing of a quantity less than 20 tonnes shell egg
equivalent. The Member 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 the
quota 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.
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 of
actual issue, but not beyond the end of the period specified in Article 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 Regulaiton may not exceed that shown in sections 17
and 18 of the import licence. The figure 0 shall accordingly be enterred
in section 19 of the licence.
Article 8
This Regulation shall enter into force on 1 July 1995.!B
!M8
!B1995R1474 — EN — 01.07.2000 — 003.001 — 5
ANNEX I
(tonnes)
Group number CN codeDuty applicable, EUR/tonne
product weightTariff quotas from 2000
E 1 0407 00 30 152 135 000
E 2 0408 11 80 711
0408 19 81 310 7 000 (1)
0408 19 89 331
0408 91 80 687
0408 99 80 176
E 3 3502 11 90 617 15 500 (1)
3502 19 90 83
(1) Shell egg equivalent. Conversion according to the rates of yield fixed in Annex 77 to Commission Regulation (EEC) No 2454/93 (OJ
L 253, 11.10.1993, p. 1).!M121995R1474 — EN — 01.07.2000 — 003.001 — 6
ANNEX II
Application of Regulation (EC) No 1474/95
!B1995R1474 — EN — 01.07.2000 — 003.001 — 7
ANNEX III
Application of Regulation (EC) No 1474/95
!B1995R1474 — EN — 01.07.2000 — 003.001 — 8