1998R1396 — EN — 01.06.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1396/98
of30June1998
layingdownproceduresforapplyinginthepoultrymeatsectorCouncilRegulation(EC)No779/98
on the import into the Community of agricultural products originating in Turkey, repealing
Regulation(EEC)No4115/86andamendingRegulation(EC)No3010/95
(OJ L 187, 1.7.1998, p. 41)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1043/2001 of 30 May 2001 L 145 24 31.5.2001
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).
▼B
COMMISSIONREGULATION(EC)No1396/98
of30June1998
laying down procedures for applying in the poultrymeat sector
Council Regulation (EC) No 779/98 on the import into theCommunity of agricultural products originating in Turkey,repealing Regulation (EEC) No 4115/86 and amending Regulation
(EC)No3010/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 779/98 of 7 April 1998 on
the import into the Community of agricultural products originating in
Turkey, repealing Regulation (EEC) No 4115/86 and amendingRegulation (EC) No 3010/95(
1), and in particular Article 1 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 (EC) No 2916/95(3), and in
particular Article 15 thereof,
Whereas Decision No 1/98 of the EC-Turkey Association Council of 25
February 1998 on the trade regime for agricultural products(4)
establishes the system of preferences applicable to imports into the
Community of agricultural products originating in Turkey;
Whereas Regulation (EC) No 779/98 opens with effect from 1 January
1998 new annual tariff quotas for certain poultrymeat products; whereas
the quotas are to apply for an indefinite period;
Whereas provision should be made for the administration of these
arrangements by means of import licences; whereas, to that end,notwithstanding Article 8 of Commission Regulation (EEC) No 3719/88of 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(
5), as last amended by
Regulation (EC) No 1044/98(6), detailed rules for submission of
applications and the particulars which should appear in applicationsand licences should be laid down; whereas, in addition, provision shouldbe made for licences to be issued after a period of consideration,
applying, where necessary, a single acceptance rate;
Whereas, in order to ensure regular imports, the quantities laid down in
Annex I to this Regulation should be staggered over the year;
Whereas, in order to ensure proper administration of the system, the
security for import licences under the said system should be fixed atECU 20 per 100 kilograms; whereas, in view of the likelihood ofspeculation inherent in the system in the poultrymeat sector, preciseconditions governing access by traders to the said system should be laiddown;
Whereas the attention of traders should be drawn to the fact that licences
may be used only for products that comply with all the veterinaryrequirements 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 andEggs,1998R1396 — EN — 01.06.2001 — 001.001 — 2
(1) OJ L 113, 15. 4. 1998, p. 1.
(2) OJ L 282, 1. 11. 1975, p. 77.
(3) OJ L 305, 19. 12. 1995, p. 49.
(4) OJ L 86, 20. 3. 1998, p. 1.
(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 149, 20. 5. 1998, p. 11.
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HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community of products in the groups referred to in
Annex I to this Regulation under the arrangements provided for in
Regulation (EC) No 779/98 shall be subject to the presentation of an
import licence.
The quantities of products to which the arrangements apply and the rates
of customs duty shall be those listed in Annex I.
Article 2
The quotas referred to in Article 1 shall be staggered as follows:
— 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 provided for in Article 1 shall be subject to the
following rules:
(a) applicants for import licences must be natural or legal persons who,
at the time applications are submitted, can prove to the satisfactionof the competent authorities of the Member States that they have
imported or exported not less than 50 tonnes of products falling
under Regulation (EEC) No 2777/75 in each of the two calendaryears preceding the year in which the licence application is lodged.However, retail establishments or restaurants selling their productsto final consumers are excluded from this system;
(b) a licence application may contain only one of the group numbers
defined in Annex I hereto; it may involve several products covered
by different CN codes. In such cases, all the CN codes shall beindicated in section 16 and their description in section 15.
A licence application must cover at least one tonne, up to a
maximum of 10 % of the quantity available for the group concernedand the period as specified in Article 2;
(c) section 8 of licence applications and licences shall indicate the
country of origin; licences shall entail an obligation to import from
the country indicated;
(d) section 20 of licence applications and licences shall show one of the
following:
— Reglamento (CE) n
o1396/98
— Forordning (EF) nr. 1396/98— Verordnung (EG) Nr. 1396/98
—Κανονισµός (ΕΚ) αριθ. 1396 /98
— Regulation (EC) No 1396/98— Règlement (CE) n
o1396/98
— Regolamento (CE) n. 1396/98
— Verordening (EG) nr. 1396/98— Regulamento (CE) n
o1396/98
— Asetus (EY) N:o 1396/98
— Förordning (EG) nr 1396/98;
(e) section 24 of licences shall show one of the following:
CCT duty as provided for in:— Reglamento (CE) n
o1396/98
— Forordning (EF) nr. 1396/98
— Verordnung (EG) Nr. 1396/98
—Κανονισµό (ΕΚ) αριθ. 1396 /98
— Regulation (EC) No 1396/981998R1396 — EN — 01.06.2001 — 001.001 — 3
▼B
— Règlement (CE) no1396/98
— Regolamento (CE) n. 1396/98— Verordening (EG) nr. 1396/98— Regulamento (CE) n
o1396/98
— Asetus (EY) N:o 1396/98— Förordning (EG) nr 1396/98.
Article 4
1. Licence applications shall be lodged during the first seven days of
the month preceding each period as specified in Article 2.
2. Licence applications shall be admissible only where the applicant
declares in writing that he has not submitted and undertakes not tosubmit any applications, in respect of the current period, concerningproducts in the same group in the Member State in which his applicationis lodged or in other Member States.
Where the same applicant submits more than one application relating to
products in the same group, all applications from that person shall beinadmissible.
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. The Member States shall notify the Commission on the fifth
working day following the end of the application submission period of
applications submitted for each of the products in the group. Suchnotification shall include a list of applicants and a statement of thequantities applied for in the group.
All notifications, including nil returns, shall be made by telex or fax on
the working day stipulated, using the model in Annex II to this
Regulation in cases where no application has been submitted and the
models in Annexes II and III in cases where applications have beensubmitted.
5. The Commission shall decide as quickly as possible to what extent
quantities may be awarded in respect of the applications 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 acceptancerate as a percentage of quantities applied for.
If the overall quantity for which applications have been submitted is less
than the quantity available, the Commission shall calculate the quantity
remaining, which shall be added to the quantity available in respect of
the following period.
6. Licences shall be issued as soon as possible after the Commission
has taken its decision.
7. Licences may be used only for products complying with all the
veterinary requirements in force in the Community.
8. Member States shall notify the Commission, before the end of the
fourth month following each annual period specified in Annex I, of thetotal volume of products imported for each of the groups under thisRegulation during that period.
All notifications, including ‘nil’ ones, shall be made using the model in
Annex IV to this Regulation.
Article 5
For the purposes of Article 21(2) of Regulation (EEC) No 3719/88,
import licences shall be valid for 150 days from the date of actual issue.►
M1However, the validity of licences shall not extend beyond the end1998R1396 — EN — 01.06.2001 — 001.001 — 4
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of the last period of the year referred to in Article 2 for which a licence
has been issued. ◄
Import licences issued pursuant to this Regulation shall not be
transferable.
Article 6
Without prejudice to the provisions of this Regulation, Regulation
(EEC) No 3719/88 shall apply.
However, notwithstanding Article 8(4) of Regulation (EEC) No 3719/
88, the quantity imported under this Regulation may not exceed thatshown in sections 17 and 18 of the import licence. The figure ‘0’ shallaccordingly be entered in section 19 of the licence.
Article 7
The imported products shall be placed in free circulation on presentation
of a EUR 1 movement certificate issued by the exporting country inaccordance with Protocol 3 annexed to Decision No 1/98 of the EC-
Turkey Association Council.
Article 8
This Regulation shall enter into force on 1 July 1998.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1998R1396 — EN — 01.06.2001 — 001.001 — 5
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ANNEX I
Group number CN codeCCT duty applic-
able
(ECU/tonne)Annual tariff quota
(tonnes)
T1 0207 25 10 170 1 000
0207 25 90 186
0207 27 30 134
0207 27 40 93
0207 27 50 339
0207 27 60 127
0207 27 70 2301998R1396 — EN — 01.06.2001 — 001.001 — 6
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ANNEX II
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ANNEX III
1998R1396 — EN — 01.06.2001 — 001.001 — 8
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ANNEX IV
1998R1396 — EN — 01.06.2001 — 001.001 — 9