1474/95- - -I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its con-
tents
COMMISSION REGULATION (EC) No 1474/95
of 28 June 1995
opening and providing for the administration of the tariff quotas in the egg
sector and for egg albumin
(OJ No L 145, 29. 6. 1995, p. 19)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19. 12. 1995
Commission Regulation (EC) No 573/96 of 29 March 1996 L 80 54 30. 3. 1996Commission Regulation (EC) No 876/96 of 14 May 1996 L 118 17 15. 5. 1996Commission Regulation (EC) No 937/96 of 24 May 1996 L 127 26 25. 5. 1996Commission Regulation (EC) No 1102/96 of 19 June 1996 L 146 30 20. 6. 1996Commission Regulation (EC) No 1219/96 of 28 June 1996 L 161 55 29. 6. 1996Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4. 6. 1997Commission Regulation (EC) No 1242/97 of 30 June 1997 L 173 77 1. 7. 1997Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31. 7. 1997Commission Regulation (EC) No 1371/98 of 29 June 1998 L 185 17 30. 6. 1998
Corrected
by:
C1 Corrigendum, OJ No L 181, 1. 8. 1995, p. 44 (1474/95)
C2 Corrigendum, OJ No L 148, 21. 6. 1996, p. 58 (1102/96)1219/96
1474/95 - - - I
ICOMMISSION REGULATION (EC) No 1474/95
of 28 June 1995
opening and providing for the administration of the tariff quotas in the egg sector
and for egg albumin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
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 Acces-
sion 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 Re-
gulation (EC) No 3290/94, and in particular Articles 2 (1),
4( 1 )a n d1 0t h e r e o f ,
Whereas the Community has negotiated, in the framework
of the Multilateral T rade negotiations of the Uruguay
Round, various agreements 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;
(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. 104.1219/96
1474/95 - - - I
IIWhereas the administration of the arrangements should be
based on import licences; whereas, to that end, the de-
tailed rules for submission of the applications and the in-
formation which must appear on the applications and li-
cences, by way of derogation from Article 8 of
Commission Regulation (EEC) No 3719/88 of 16 No-
vember 1988 laying down common detailed rules for the
application of the system of import and export licences and
advance fixing certificates for agricultural products (1), as
last amended by Regulation (EC) No 1199/95 (2), should
be laid down; whereas, in addition, provision should be
made for the licences to be issued after a period of con-
sideration, 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 with-
drawn 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 sys-
tem 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 specula-
tion 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 serious-
ness 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 Com-
munity;
Whereas the Management Committee for Poultrymeat and
Eggs has not delivered an opinion within the time limit set
by its chairman,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 331, 2. 12. 1988, p. 1.
(2) OJ No L 119, 30. 5. 1995, p. 4.
1474/95 - - - I
1Article 1
For the period 1 July 1998 to 30 June 1999, the import
tariff quotas listed in Annex I are opened 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 sub-
ject to the following provisions:1371/98
1474/95
1474/95 - - - I
2(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 author-
ities in the Member States that they have imported not
less than 50 tonnes (shell egg equivalent) of 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 preced-
ing 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 (3) for the treatment
of egg products. However, retail establishments or res-
taurants 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 differentCN codes and originating in one single country; in
such cases, all the CN codes shall be indicated in sec-
tion 16 and their descriptions in section 15. Regarding
groups E2 and E3, the total quantity shall be con-
verted 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;
(d) Section 20 licence applications and licences shall show
one of the following:
Reglamento (CE) no1474/95
Forordning (EF) nr. 1474/95
Verordnung (EG) Nr. 1474/95
Κανονισμός (ΕΚ)αριθ .1474/95
Regulation (EC) No 1474/95
Règlement (CE) no1474/95
Regolamento (CE) n. 1474/95
Verordening (EG) nr. 1474/95
Regulamento (CE) nº 1474/95
Asetus (EY) N:o 1474/95
Förordning (EG) nr 1474/95;
(3) OJ No L 212, 22. 7. 1989, p. 87.1474/95
C1, OJ No L 181, 1. 8. 1995, p. 44
997/97
1474/95
1474/95 - - - I
3(e) Section 24 of licences shall show one of the following:
Reducción del derecho del AAC conforme a lo esta-
blecido en el Reglamento (CE) no1474/95
Reduktion i toldsatsen i henhold til forordning (EF)
nr. 1474/95
Ermäßigung des Zollsatzes gemäß Verordnung (EG)
Nr. 1474/95
Μείωση του δασμού του Κ∆ όπως προβλέπεται στον
Κανονισμό (ΕΚ)αριθ .1474/95
Reduction of CCT duty pursuant to Regulation (EC)
No 1474/95
Réduction du droit du tarif douanier commun comme
p r é v ua ur è g l e m e n t( C E )no1474/95
Riduzione del dazio TDC come prevede il regolamento
(CE) n. 1474/95
Verlaging van het GDT-recht op grond van Verorden-
ing (EG) nr. 1474/95
Redução do direito da P AC previsto no Regulamento
(CE) nº 1474/95
Maksua alennettu seuraavan mukaisesti: Asetus (EY)
N:o 1474/95
Reduktion 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. How-
ever, 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.
2. Licence applications must be submitted to the com-
petent authority of the Member State in which the appli-
cant is established or has set up his registered office. Ap-
plications shall be admissible only where the applicant
declares in writing that he has not submitted and under-
takes not to submit any other applications, in respect of
the same period, concerning products in the same group.1474/95
937/96
1514/97
1474/95 - - - I
4Where the same applicant submits more than one applica-
tion relating to products in the same group, all applications
from that person shall be inadmissible.
However, each applicant may lodge more than one ap-plication 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 ap-
plications.
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 sub-mission 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 quan-
tities 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 applica-
tion 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 ap-
plications 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 ap-
plied 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.1514/97
1474/95
1474/95 - - - I
5Operators may withdraw their licence applications within
10 working days following publication of the single percen-
tage 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 equival-
ent. The Member States shall inform the Commission
thereof within five days following the withdrawal of the
licence application and shall release the security immedi-
ately.
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 Ar-
ticle 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, Re-
gulation (EEC) No 3719/88 shall apply.
However, Article 8 (4) of that Regulation notwithstanding,
the quantity imported under this Regulaiton may not ex-
ceed that shown in sections 17 and 18 of the import li-
cence. The figure 0 shall accordingly be enterred in section
19 of the licence.
Article 8
This Regulation shall enter into force on 1 July 1995.1474/95
1242/97
1474/95
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6ANNEX I
(tonnes)
Group
numberCN codeDuty
applicable,
ECU/tonne
product weightTar i f f q u o tas
(1. 7. 1998 to
30. 6. 1999)
E1 0407 00 30 152 109 120
E2 0408 11 80 711
0408 19 81 310
0408 19 89 331 66 4 2(1)
0408 91 80 687
0408 99 80 176
E3 3502 11 90 617 12 390 (1)
3502 19 90 83
(1) Shell egg equivalent. Conversion according to the rates of yield fixed in Annex 77 to Regulation (EEC) 2454/93 (OJ L
253, 11. 10. 1993, p. 1).1371 /98
1474/95 - - - I
7ANNEX II
Application of Regulation (EC) No 1474/95
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/3 Egg sector
Application for import licences at reduced duty —GATT Date Period
Member State:
Sender:Person to contact:Tel ep h o n e:Fax:
Address: DG VI/D/3
Fax (322) 296 62 79 or 296 12 27
(tonnes)
GroupnumberQuantity applied for
Group num ber
Product weight Shell egg equivalent
E1
E2
E31474 /95
1474/95 - - - I
8ANNEX III
Application of Regulation (EC) No 1474/95
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/3 Egg sector
Application for import licences at reduced duty —GATT Date Period
Member State:
(tonnes)
Quantity
C tGroup
numberCNcodeApplicant
(name and address) Product
weightCountry
of
origin (SIC! Shell
egg equivalent)Country
of
origin
E1
To t a l p er g r o u p
E2
To t a l p er g r o u p
E3
To t a l p er g r o u p1474 /95