2305/95 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EC) No 2305/95
of 29 September 1995
establishing detailed rules for the application in the pigmeat sector of the arrangements
provided for in the free trade agreements between the Community, of the one part, and Latvia,
Lithuania and Estonia, of the other part
(OJ No L 233, 30. 9. 1995, p. 45)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 2750/95 of 29 November 1995 L 287 19 30. 11. 1995
Commission Regulation (EC) No 2071/96 of 29 October 1996 L 277 17 30. 10. 1996Commission Regulation (EC) No 691/97 of 18 April 1997 L 102 12 19. 4. 1997
Corrected
by:
C1 Corrigendum, OJ No L 246, 13. 10. 1995, p. 43 (2305/95)2750/95
2305/95 - - - I
ICOMMISSION REGULATION (EC) No 2305/95
of 29 September 1995
establishing detailed rules for the application in the pigmeat sector of the arrangements
provided for in the free trade agreements between the Community, of the one part, and Latvia,
Lithuania and Estonia, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 1276/95 of
29 May 1995 on certain procedures for applying the
Agreement on free trade and trade-related matters be-
tween the European Community, the European Atomic
Energy Community and the European Coal and Steel
Community, of the one part, and the Republic of Latvia,
of the other part (
1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of
29 May 1995 on certain procedures for applying the
Agreement on free trade and trade-related matters be-
tween the European Community, the European Atomic
Energy Community and the European Coal and Steel
Community, of the one part, and the Republic of Lithua-
nia, of the other part (2), and in particular Article 1 there-
of,
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 the Agreements on free trade and trade-related
matters between the European Community, the European
Atomic Energy Community and the European Coal and
Steel Community, of the one part, Latvia (5)a n dL i t h u a -
nia (6), of the other part, were signed on 18 July 1994;
Whereas those Agreements on free trade provided for a
reduction of 60 % in the duties set by the Common Cus-
toms T ariff for the import of products based on the meat
of domestic porcine animals, within certain quantitative li-
mits; whereas, to ensure that imports are on a regular
basis, those quantities should be staggered over different
periods of the year;
(1) OJ No L 124, 7. 6. 1995, p. 2.
(2) OJ No L 124, 7. 6. 1995, p. 3.
(3) OJ No L 282, 1. 11. 1975, p. 1.
(4) OJ No L 349, 31. 12. 1994, p. 105.
(5) OJ No L 374, 31. 12. 1994, p. 1.
(6) OJ No L 375, 31. 12. 1994, p. 1.2750/95
2305/95 - - - I
IIWhereas, while bearing in mind the Agreements on free
trade intended to guarantee the origin of the product,
provision should be made for the administration of the
said arrangements to be guaranteed through import li-
cences; whereas, to that end, notwithstanding 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 2137/95 (2), detailed
rules for submission of applications, as well as the informa-
tion which must be included on the applications and li-
cences 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 ac-
ceptance rate;
Whereas, in order to ensure proper administration of the
system, the security for import licences under the system
should be set at ECU 30 per 100 kg; whereas, in view of
the likelihood of speculation inherent in the system in the
pigmeat sector, precise conditions governing access by op-
erators to the said system should be laid down;
Whereas the attention of operators should be drawn to the
fact that licences may be used only for products that com-
ply with all veterinary rules currently in force in the Com-
munity;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Pigmeat,
HAS ADOPTED THIS REGULATION:
(1) OJ No L 331, 2. 12. 1988, p. 1.
(2) OJ No L 214, 8. 9. 1995, p. 21.
2305/95 - - - I
1Article 1
All imports into the Community under the arrangements
provided for in Article 14 (2) and (3) of the Agreements
on free trade between the Community, of the one part,
and Latvia and Lithuania, of the other part, or in Ar-
ticle 13 (2) and (3) of the Agreement on free trade be-
tween the Community, of the one part, and Estonia, of the
other part, of products falling within groups 18, 19, 20, 21
and 22 provided for in Annex I to this Regulation shall be
subject to the presentation of an import licence.
The quantities of products to which these arrangementsapply and the rate of reduction of the customs duty fixed
in the Common Customs T ariff shall be those listed by
group in Annex I.
Article 2
From 1 July 1996 the quantities indicated in Annex I shall
be staggered over the year as follows:
— 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.
The quantities available for the period 1 October to
31 December 1996 shall however be as indicated in
Annex IV to this Regulation and the licence applications
shall be submitted during the first 10 days of No-
vember 1996.
Article 3
The import licences referred to in Article 1 shall be sub-
ject 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 author-
ities of the Member State concerned that they have
been active in trade with third countries in products in
the pigmeat sector for at least the preceding twelve
months. However, retail establishments or restaurants
selling their products to final consumers are excluded
from the benefits of this system;2305/95
2750/95
2305/95
691/97 - - - deleted
2071/96
2305/95
2305/95 - - - I
2(b) the licence application may contain only one of the
groups referred to in Annex I to this Regulation. The
application may involve several products covered by
different CN codes and originating in one of the coun-
tries covered by this Regulation. In such cases, all the
CN codes shall be indicated in section 16 and their
d e s i g n a t i o ni ns e c t i o n1 5 ;
A licence application must relate to at least one tonne
and to a maximum of 25 % of the quantity available
for the group concerned and for the period as speci-
fied in Article 2;
(c) section 8 of licence applications and licences shall
show the country of origin; licences shall entail an ob-
ligation to import from the country indicated;
(d) section 20 of licence applications and licences shall
show at least one of the following:
—R e g l a m e n t o ( C E ) no2305/95,
— Forordning (EF) nr. 2305/95,
— Verordnung (EG) Nr. 2305/95,
—Κανονισμός (ΕΚ)αριθ. 2305/95,
— Regulation (EC) No 2305/95,
—R è g l e m e n t ( C E ) no2305/95,
— Regolamento (CE) n. 2305/95,
— Verordening (EG) nr. 2305/95,
— Regulamento (CE) nº 2305/95,
— Asetus (EY) N:o 2305/95,
— Förordning (EG) nr 2305/95.
(e) section 24 of the licences shall show at least one of the
following:
— Derecho de aduana fijado en el Arancel Aduanero
C o m ú ne na p l i c a c i ó nd e lR e g l a m e n t o( C E )
no2305/95,
— Nedsat FTT-told, jf. forordning (EF) nr. 2305/95,
— Zollermäßigung gemäß der Verordnung (EG)
Nr. 2305/95,
—Καθοριζόμενη στο κοινό δασμολόγιο εισ Ôορά που
μειώνεται κατ ’εÔαρμογή του κανονισμού (ΕΚ)
αριθ. 2305/95,
— Customs duty fixed by the Common Customs T ariff
reduced pursuant to Regulation (EC) No 2305/95,
— D r o i td ed o u a n ef i x éa ut a r i fd o u a n i e rc o m m u nr é -
duit en application du règlement (CE) no2305/95,
— Riduzione del dazio a norma del regolamento
(CE) n. 2305/95,
— Het in het gemeenschappel ĳk douanetarief vastges-
teld douanerecht is verlaagd overeenkomstig Ver-ordening (EG) nr. 2305/95,2305/95
2305/95 - - - I
3— Redução do direito aduaneiro fixado na Pauta
Aduaneira Comum em aplicação do Regulamento
(CE) nº 2305/95,
— Yhteisessä tullitariffissa vahvistetun tullin alenta-
minen asetuksen (EY) N:o 2305/95 mukaan,
— Nedsatt tull enligt Gemensamma tulltaxan med
tillämpning av förordning (EG) nr 2305/95.
Article 4
1. Licence applications shall be submitted only during
the first ten days of each of the periods specified in Ar-
ticle 2.
However, for the period 1 October to 31 December 1995,
licence applications shall be lodged only during the first
ten days of October in the case of Latvia and Lithuania
and only during the first ten days of December in the case
of Estonia.
2. Licence applications shall be admissible only wherethe applicant declares in writing that he has not submitted
and undertakes not to submit any applications, in respect
of the current period, concerning products in the same
group in the Member State in which his application is sub-
mitted or in other Member States; where an applicant sub-mits more than one application relating to products in the
same group, all applications from that person shall be
deemed inadmissible.
3. The Member State shall notify the Commission on
the third working day following the end of the application
submission period of applications submitted for each of the
products in the groups. Such notification shall include a list
of applicants and a statement of the quantities applied for
in each group.
All notifications, including ‘nil’ returns, shall be made by
telex or telefax on the working day stipulated, using the
model in Annex II in cases where no application has been
submitted, and the models in Annexes II and III in cases
where applications have been submitted.
4. 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 3.
If quantities in respect of which licences have been applied
for exceed the quantities available, the Commission shall
fix a single acceptance rate as a percentage of the quan-
tities applied for.
If the overall quantity for which applications have been
submitted is less than the quantity available, the Commis-
sion shall calculate the quantity remaining, which shall be
added to the quantity available for the following period.
5. Licences shall be issued as quickly as possible after
the Commission has taken its decision.
6. Licences issued shall be valid throughout the Com-
munity.2305/95
2750/95
2305/95
2305/95 - - - I
47. Licences may be used only for products complying
with all veterinary rules in force in 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
f r o mt h ed a t eo fa c t u a li s s u e .
Import licences issued pursuant to this Regulation shall not
be transferable.
Article 6
A security of ECU 30 per 100 kg shall be lodged for im-
port licence applications for all products referred to in Ar-
ticle 1.
Article 7
Without prejudice to the provisions of this Regulation, Re-
gulation (EEC) No 3719/88 shall apply.
However, notwithstanding Article 8 (4) of that Regulation,
the quantity imported under this Regulation may not ex-
ceed that shown in sections 17 and 18 of the import li-
cence. The figure ‘0’ shall accordingly be entered in section
19 of the licence.
Article 8
The imported products shall be placed in free circulation
on presentation of a movement certificate EUR 1 issued
by the exporting country in accordance with Protocol 3 an-
nexed to the Agreements on free trade.
Article 9
This Regulation shall enter into force on 1 October 1995.2305/95
2305/95 - - - I
5ANNEX I
A.PRODUCTS ORIGINATING IN LITHUANIA
Reduction of 80 % in Common Customs Tariff duty
(in tonnes)
Group No CN code1. 7. 1996 to
30. 6. 19971. 7. 1997 to
30. 6. 19981. 7. 1998 to
30. 6. 19991. 7. 1999 to
30. 6. 2000From 1. 7.
2000
18 ex 0203 (1)
Meat of domestic
swine, fresh, chilledor frozen1 050 1 100 11 5 0 12 0 0 12 5 0
(1) Excluding tenderloin presented alone.
B.PRODUCTS ORIGINATING IN LATVIA
Reduction of 80 % in Common Customs Tariff duty
(in tonnes)
Group No CN code1. 7. 1996 to
30. 6. 19971. 7. 1997 to
30. 6. 19981. 7. 1998 to
30. 6. 19991. 7. 1999 to
30. 6. 2000From 1. 7.
2000
19 ex 0203 (1)
Meat of domestic
swine, fresh, chilledor frozen1 050 1 100 11 5 0 12 0 0 12 5 0
20 1601 00 91 210 220 230 240 250
(1) Excluding tenderloin presented alone.
C.PRODUCTS ORIGINATING IN ESTONIA
Reduction of 80 % in Common Customs Tariff duty
(in tonnes)
Group No CN code1. 7. 1996 to
30. 6. 19971. 7. 1997 to
30. 6. 19981. 7. 1998 to
30. 6. 19991. 7. 1999 to
30. 6. 2000From 1. 7.
2000
21 ex 0203 (1)
Meat of domestic
swine, fresh, chilledor frozen1 050 1 100 11 5 0 12 0 0 12 5 0
22 1601 00 525 550 575 600 625
(1) Excluding tenderloin presented alone.2071 /96
2305/95 - - - I
6
2750 /95
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7ANNEX III
 2305 /95
2305/95 - - - I
8ANNEX IV
(tonnes)
Group NoT otal quantity available for the period 1 October to
31 December 1996
18 525
19 525
20 105
21 525
22 262,52071 /96