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"BCOMMISSION REGULATION (EC) No 1251/96
of 28 June 1996
opening and providing for the administration of tariff quotas in the poultrymeat sector and albumin
(OJ L 161, 29.6.1996, p. 136)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4.6.1997
"M2 Commission Regulation (EC) No 1211/97 of 27 June 1997 L 170 40 28.6.1997
"M3 Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
"M4 Commission Regulation (EC) No 1370/98 of 29 June 1998 L 185 15 30.6.1998
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).1996R1251 — EN — 01.07.1998 — 002.001 — 1
COMMISSION REGULATION (EC) No 1251/96
of 28 June 1996
opening and providing for the administration of tariff quotas in the
poultrymeat sector and albumin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996
on the implementation of the concessions set out in Schedule CXL drawn
up in the wake of the conclusion of the GATT Article XXIV .6
negotiations (
1),
Having regard to Council Regulation (EEC) No 2777/75 of 29 October
1975 on the common organization of the market in eggs (2), as last
amended by Regulation (EC) No 2916/95 (3), and in particular Article 15
thereof,
Whereas, the Community has undertaken, in the context of the World
Trade Organization, to open tariff quotas for certain products in the
poultrymeat sector; whereas therefore detailed rules for the application
of these quotas should be laid down for the period 1 July 1996 to 30 June
1997;
Whereas certain quotas were not opened during the period 1 January
1996 to 30 June 1996; whereas, therefore, these should be added to the
quantities provided for in this Regulation;
Whereas the administration of the arrangements should be based on
import licences; whereas, to that end, detailed rules should be laid down
for submission of the applications and the information which must
appear on applications and licences, notwithstanding 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 2137/95 (5);
whereas, in addition, provision should be made for licences to be issued
after a period of consideration, applying, where necessary, a single
percentage of acceptance; whereas it is in the interests of importers and
exporters to allow a licence application to be withdrawn after the
coefficient of acceptance has been fixed;
Whereas, in order to ensure a regular flow of imports, the quantities
referred to in Annex I should be spread out over one year;
Whereas, to ensure proper administration of the system, the security for
import licences under the system should be fixed at ECU 20 per 100 kg
(weight of product); whereas in order to eliminate the risk of speculation
inherent in the system in the poultrymeat sector, precise conditions
governing access by traders to the said system should be laid down;
Whereas the attention of 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 measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Poultrymeat and
Eggs,!B
(1) OJ No L 146, 20. 6. 1996, p. 1.
(2) OJ No L 282, 1. 11. 1975, p. 77.
(3) OJ No L 305, 19. 12. 1995, p. 49.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 214, 8. 9. 1995, p. 21.1996R1251 — EN — 01.07.1998 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 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 subdivided as follows:
— 25 % from 1 July to 30 September,
— 25 % from October to 31 December,
— 25 % from 1 January to 31 March,
— 25 % from period 1 April to 30 June.
However, for group P3 an additional quantity of 60 tonnes shall be
available from 1 July to 30 September.
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 their application is submitted, can prove to the
satisfaction of the competent authorities in the Member States that
they have imported not less than 50 tonnes of products falling within
the scope of Regulation (EEC) No 2777/75 in each of the two
calendar years preceding the year in which the licence application is
lodged. However, retail establishments or restaurants selling their
products to final consumers are excluded from the benefits of this
system.
(b) Licence applications must not cover more than one of the groups
referred to in Annex I to this Regulation. They may involve several
products covered by different CN codes and originating in a single
country; in such cases, all the CN codes shall be indicated in sections
15 and 16.
(SIC!) Licence applications must relate to at least 1 tonne and to a
maximum of 10 % of the quantity available for the group concerned
and the periods specified in Annex 2.
(c) Section 8 of licence applications and licences shall show the country
of origin.
(d) Section 20 of licence applications and licences shall show one of the
following:
— Reglamento (CE) no1251/96
— Forordning (EF) nr. 1251/96
— Verordnung (EG) Nr. 1251/96—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1251/96
— Regulation (EC) No 1251/96
— Règlement (CE) n
o1251/96!B
!M4
!B
!M1
!B1996R1251 — EN — 01.07.1998 — 002.001 — 3
— Regolamento (CE) n. 1251/96
— Verordening (EG) nr. 1251/96— Regulamento (CE) n
o1251/96
— Asetus (EY) N:o 1251/96
— Förordning (EG) nr 1251/96.
(e) Section 24 of licences shall show one of the following:
— Reglamento (CE) no1251/96
— Forordning (EF) nr. 1251/96
— Verordnung (EG) Nr. 1251/96—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1251/96
— Regulation (EC) No 1251/96
— Règlement (CE) n
o1251/96
— Regolamento (CE) n. 1251/96— Verordening (EG) nr. 1251/96
— Regulamento (CE) n
o1251/96
— Asetus (EY) N:o 1251/96— Förordning (EG) nr 1251/96.
Article 5
1. Licence applications may be lodged only during the first 10 days of
each period as specified in Article 2.
2.
"M3Licence 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 toproducts in the same group, all applications from that person shall be
inadmissible.
Where an applicant submits more than one application relating to
products in the same group, all applications from that person shall be
inadmissible. However, an applicant may lodge more than one
application for import licences for products in one group, where such
products originate in different countries. 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 Article 4 (b) as well as application of the rules in
the previous subparagraph, as a single application.
3. A security of ECU 20 per 100 kilograms 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 in accordance with the
model in Annex II in cases where no application is made, and with the
models in Annexes II and III in cases where applications have been
made.!B
!M3
!B1996R1251 — EN — 01.07.1998 — 002.001 — 4
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%, the Commission may decide not to 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. 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 Regulation may not exceed that shown in sections 17
and 18 of the import licence. The figure 0 shall accordingly be entered in
section 19 of the licence.
Article 8
This Regulation shall enter into force on 1 July 1996.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
!M2
!B1996R1251 — EN — 01.07.1998 — 002.001 — 5
!M4
ANNEX I
(tonnes)
Group No CN codeApplicable duty
(ECU/tonne)Tariff quotas 1.7.1998
to 30.6.1999
P 1 0207 11 10 131 3 720
0207 11 30 1490207 11 90 1620207 12 10 1490207 12 90 162
P 2 0207 13 10 512 2 400
0207 13 20 1790207 13 30 1340207 13 40 930207 13 50 3010207 13 60 2310207 13 70 5040207 14 20 1790207 14 30 1340207 14 40 930207 14 60 231
P 3 0207 14 10 795 468P 4 0207 24 10 170 600
0207 24 90 1860207 25 10 1700207 25 90 1860207 26 10 4250207 26 20 2050207 26 30 1340207 26 40 930207 26 50 3390207 26 60 1270207 26 70 2300207 26 80 4150207 27 30 1340207 27 40 930207 27 50 3390207 27 60 1270207 27 70 2301996R1251 — EN — 01.07.1998 — 002.001 — 6
ANNEX II
!B1996R1251 — EN — 01.07.1998 — 002.001 — 7
ANNEX III
!B1996R1251 — EN — 01.07.1998 — 002.001 — 8