1431/94 - - - 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 1431/94
of 22 June 1994
laying down detailed rules for the application in the poultrymeat sector of the import
arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the
administration of certain Community tariff quotas for poultrymeat and certain other
agricultural products
(OJ No L 156, 23. 6. 1994, p. 9)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 2389/94 of 30 September 1994 L 255 104 1. 10. 1994
Commission Regulation (EC) No 406/95 of 27 February 1995 L 44 10 28. 2. 1995Commission Regulation (EC) No 1244/95 of 31 May 1995 L 121 65 1. 6. 1995Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19. 12. 1995Commission Regulation (EC) No 958/96 of 30 May 1996 L 130 6 31. 5. 1996Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4. 6. 1997Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31. 7. 1997
Corrected
by:
C1 Corrigendum, OJ No L 174, 8. 7. 1994, p. 39 (1431/94)
C2 Corrigendum, OJ No L 189, 23. 7. 1994, p. 91 (1431/94)
C3 Corrigendum, OJ No L 55, 11. 3. 1995, p. 46 (406/95)
C4 Corrigendum, OJ No L 123, 3. 6. 1995, p. 31 (1244/95)
1431/94 - - - I
ICOMMISSION REGULATION (EC) No 1431/94
of 22 June 1994
laying down detailed rules for the application in the poultrymeat sector of the import
arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the
administration of certain Community tariff quotas for poultrymeat and certain other
agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 774/94 of
29 March 1994 opening and providing for the administra-
tion of certain Community tariff quotas for high-quality
beef, and for pigmeat, poultrymeat, wheat and meslin, and
brans, sharps and other residues (
1), and in particular Ar-
ticle 7 thereof,
Having regard to Council Regulation (EEC) No 2777/75 of
29 October 1975 on the common organization of the
market in poultrymeat (2), as last amended by Commission
Regulation (EEC) No 1574/93 (3), and in particular Ar-
ticle 15 thereof,
Whereas Council Regulation (EC) No 774/94 opened, from
1 January 1994, new annual tariff quotas for certain
poultry products; whereas the said quotas are to apply for
an unspecified period;
Whereas 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 November 1988 laying
down common detailed rules for the application of the sys-
tem of import and export licences and advance fixing cer-
tificates for agricultural products (4), as last amended by
Regulation (EC) No 3519/93 (5), should be laid down;
whereas, in addition, provision should be made for the li-
cences to be issued after a period of consideration, apply-
ing, 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 co-
efficient of acceptance has been fixed;
Whereas Regulation (EC) No 774/94 provides for the levy
to be fixed at 0 % for imports of certain poultry products,
up to a certain quantity; whereas, in order to ensure the
regularity of imports, the quantity in question should be
staggered over one year;
(1) OJ No L 91, 8. 4. 1994, p. 1.
(2) OJ No L 282, 1. 11. 1975, p. 77.
(3) OJ No L 152, 24. 6. 1993, p. 1.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 320, 22. 12. 1993, p. 16.
1431/94 - - - I
IIWhereas, to ensure that such quantities are used in accord-
ance with traditional import flows to the Community
market, they should be distributed according to the origin
of the imports on the basis of imports during the last three
years;
Whereas, in order to ensure proper administration of the
system, the security for import licences under the said sys-
tem should be fixed at ECU 50 per 100 kilograms; where-
as, in view of the risk of speculation inherent in the system
in the poultrymeat sector, precise conditions governing ac-
cess by traders to the said system should be laid down;
Whereas the Management Committee for Poultrymeat and
Eggs has not delivered an opinion within the time limit set
by the chairman,
HAS ADOPTED THIS REGULATION:
1431/94 - - - I
1Article 1
All imports into the Community under the tariff quotas
opened in Articles 3 and 4 of Regulation (EC) No 774/94
of products in the groups referred to in Annex I to this
Regulation shall be subject to the presentation of an im-
port licence.
The quantities of products to which these arrangements
apply and the rate of reduction in the levy shall be those
l i s t e df o re a c hg r o u pi nA n n e xI .
Article 2
The quantity fixed for each group shall be staggered over
the year as follows:
For 1994:
— 50 % in the period 1 January to 30 September,
— 50 % in the period 1 October to 31 December.
For following years:
— 25 % in the period 1 January to 31 March,
— 25 % in the period 1 April to 30 June,
— 25 % in the period 1 July to 30 September,
— 25 % in the period 1 October to 31 December.
Article 3
The import licences referred to in Article 1 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 author-
ities of the Member States that they imported not less
than 100 tonnes (product weight) of products falling
within CN codes 0207, 1602 31, 1602 32 and 1602 39
in each of the two previous calendar years. However,
retail establishments and restaurants selling their prod-
ucts to the final consumer are excluded from the bene-
fits of this system.
(b) Licence applications must not involve more than one
of the groups referred to in Annex I to this Regula-
tion. They may involve several products covered by dif-
ferent CN codes; in such cases, all the CN codes shall
be indicated in section 16 and their descriptions in sec-
tion 15;1431/94
958/96
1431/94
1431/94 - - - I
2Licence 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; licences shall carry with
them an obligation to import from the country indi-
cated except for groups 3 and 5.
(d) Section 20 of licence applications and licences shall
show one of the following:
Reglamento (CE) no1431/94,
Forordning (EF) nr. 1431/94,
Verordnung (EG) Nr. 1431/94,
Κανονισμός (ΕΚ)αριθ. 1431/94,
Regulation (EC) No 1431/94,
Règlement (CE) no1431/94,
Regolamento (CE) n. 1431/94,Verordening (EG) nr. 1431/94,
Regulamento (CE) nº 1431/94.
(e) Section 24 of licences shall show one of the following:
L e v yf i x e da t0%p u r s u a n tt o :
Reglamento (CE) no 1431/94,
Forordning (EF) nr. 1431/94,
Verordnung (EG) Nr. 1431/94,
Κανονισμός (ΕΚ)αριθ. 1431/94,
Regulation (EC) No 1431/94,
Règlement (CE) no 1431/94,
Regolamento (CE) n. 1431/94,
Verordening (EG) nr. 1431/94,
Regulamento (CE) nº 1431/94.
(f) Section 24 of licences for group 3 shall show one of
the following:
Not to be used for products originating in Brazil and
Thailand
Reglamento (CE) no1514/97
Forordning (EF) nr. 1514/97
Verordnung (EG) Nr. 1514/97
Κανονισμός (ΕΚ)αριθ. 1514/97
Regulation (EC) No 1514/97
Règlement (CE) no1514/97
Regolamento (CE) n. 1514/971431/94
997/971431/94
1514/97
1431/94 - - - I
3Verordening (EG) nr. 1514/97
Regulamento (CE) nº 1514/97
Asetus (EY) N:o 1514/97
Förordning (EG) nr 1514/97.
(g) Section 24 of licences for group 5 shall show one of
the following:
Not to be used for products originating in Brazil
Reglamento (CE) no1514/97
Forordning (EF) nr. 1514/97
Verordnung (EG) Nr. 1514/97
Κανονισμός (ΕΚ)αριθ. 1514/97
Regulation (EC) No 1514/97
Règlement (CE) no1514/97
Regolamento (CE) n. 1514/97
Verordening (EG) nr. 1514/97
Regulamento (CE) nº 1514/97
Asetus (EY) N:o 1514/97Förordning (EG) nr 1514/97.
Article 4
1. Licence applications may only be lodged during the
first ten days of each period specified in Article 2.
However, for the period 1 January to 30 September 1994
licence applications may be lodged only during the first 10
days of July 1994.
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.
Where 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, in the case of groups 3 and 5, 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
competent authority of a Member State. They shall be
considered, as regards the maximum referred to in Ar-
ticle 3 (b) as well as application of the rule in the previous
subparagraph, as a single application.1514/97
1431/94
958/96
1514/97
1431/94 - - - I
43. 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 notification that there have
been no applications, 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 on
the models shown in Annexes II and III in cases where
applications have been made.
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 shallfix a single percentage of acceptance for the quantities ap-
plied for. Where this percentage is less then 5 %, it is
possible that the Commission will not award the quantities
applied for and release the securities.
The Commission shall calculate the quantity remaining,
which shall be added to the quantity available in respect of
the following period in the same year, and may transfer
unused quantities between groups of the same product.
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.
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 .
However, licences shall not be valid beyond 31 December
of the year of issue.
Import licences issued pursuant to this Regulation shall not
be transferable.
Article 6
A security of ECU 50 per 100 kilograms shall be lodged
for import licence applications for all products referred to
in Article 1.1431/94
406/95 - - - deleted
1431/94
1431/94 - - - I
5Article 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 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
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean Communities .1431/94
1431/94 - - - I
6ANNEX I
0% COMMON CUSTOMS TARIFF DUTY
Chicken
(tonnes )
CountryGroup
numberCN code Annual quantities
Brazil 1 0207 14 10 71 0 0 2916/95
0207 14 50 2916/95
0207 14 70 2916/95
Thailand 2 0207 14 10 51 0 0 2916/95
0207 14 50 2916/95
0207 14 70 2916/95
Other 3 0207 14 10 33 0 0 2916/95
0207 14 50 2916/95
0207 14 70 2916/95
Turkey
(tonnes )
CountryGroup
numberCN code Annual quantities
Brazil 4 0207 27 10 18 0 0 2916/95
0207 27 20 2916/95
0207 27 80 2916/95
Other 5 0207 27 10 700 2916/95
0207 27 20 2916/95
0207 27 80 2916/951431 /94
1244 /95
1431/94 - - - I
7ANNEX II
Application for licences to import at 0 % Common Customs T ariff duty1431 /94
1244 /95
1431/94 - - - I
8ANNEX III
Application for licences to import at 0 % Common Customs T ariff duty2389 /94
1244 /95