1251/96 - - - I
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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
(OJ No L 161, 29. 6. 1996, p. 136)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4. 6. 1997
Commission Regulation (EC) No 1211/97 of 27 June 1997 L 170 40 28. 6. 1997Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31. 7. 1997
1251/96 - - - I
ICOMMISSION 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 T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 1095/96 of
18 June 1996 on the implementation of the concessions set
o u ti nS c h e d u l eC X Ld r a w nu pi nt h ew a k eo ft h ec o n -
clusion 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 T rade Organization, to open tariff quotas for
certain products in the poultrymeat sector; whereas there-
fore 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 Re-
gulation;
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 applica-
tions and the information which must appear on applica-
tions and licences, notwithstanding Article 8 of Commis-
sion 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 fix-
ing 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 is-
sued 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 li-
cence 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;
(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.
1251/96 - - - I
IIWhereas, 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 gov-
erning 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 Com-
munity;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
1251/96 - - - I
1Article 1
For the period 1 July 1997 to 30 June 1998, 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:
— 2 5%f r o m1J u l yt o3 0S e p t e m b e r ,
— 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 sub-
ject to the following provisions:
(a) Applicants for import licences must be natural or
legal persons who, at the time their application is sub-
mitted, can prove to the satisfaction of the competent
authorities in the Member States that they have im-
ported 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, re-
tail establishments or restaurants selling their products
to final consumers are excluded from the benefits ofthis 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 differ-
ent CN codes and originating in a single country; in
such cases, all the CN codes shall be indicated in sec-
tions 15 and 16.1211/97
1251/96
1251/96 - - - I
2(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:
—R e g l a m e n t o ( C E ) no1251/96
— Forordning (EF) nr. 1251/96
— Verordnung (EG) Nr. 1251/96
— Κανονισμός (ΕΚ)αριθ. 1251/96
— Regulation (EC) No 1251/96
—R è g l e m e n t ( C E ) no1251/96
— Regolamento (CE) n. 1251/96
— Verordening (EG) nr. 1251/96
— Regulamento (CE) nº 1251/96— Asetus (EY) N:o 1251/96
— Förordning (EG) nr 1251/96.
(e) Section 24 of licences shall show one of the following:
—R e g l a m e n t o ( C E ) n
o1251/96
— Forordning (EF) nr. 1251/96
— Verordnung (EG) Nr. 1251/96
— Κανονισμός (ΕΚ)αριθ. 1251/96
— Regulation (EC) No 1251/96
—R è g l e m e n t ( C E ) no1251/96
— Regolamento (CE) n. 1251/96
— Verordening (EG) nr. 1251/96
— Regulamento (CE) nº 1251/96
— 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 2.1251/96
997/97
1251/96
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32. 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.
Where an applicant submits more than one application re-lating 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 thecompetent 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 re-
ferred 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 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.
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%, the Com-
mission may decide not to award the quantities applied
for; the securities shall be released immediately.1251/96, 1514/97
1514/97
1251/96
1251/96 - - - I
4Operators 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. 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 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 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 1 July 1996.1251/96
1211/97
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5ANNEX I
(in tonnes)
Group No CN codeApplicable duty
(ECU/tonne)Ta r i f f q u o t a s1. 7. 1997 to
30. 6. 1998
P1 0207 11 10 131 2 480
0207 11 30 149
0207 11 90 162
0207 12 10 149
0207 12 90 162
P2 0207 13 10 512 1 600
0207 13 20 179
0207 13 30 134
0207 13 40 93
0207 13 50 301
0207 13 60 231
0207 13 70 504
0207 14 20 179
0207 14 30 134
0207 14 40 93
0207 14 60 231
P3 0207 14 10 795 352
P4 0207 24 10 170 400
0207 24 90 186
0207 25 10 170
0207 25 90 186
0207 26 10 425
0207 26 20 205
0207 26 30 134
0207 26 40 93
0207 26 50 339
0207 26 60 127
0207 26 70 230
0207 26 80 415
0207 27 30 134
0207 27 40 93
0207 27 50 339
0207 27 60 127
0207 27 70 2301211 /97
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6ANNEX II
 1251 /96
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7ANNEX III
 1251 /96