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"BCOMMISSION 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 L 156, 23.6.1994, p. 9)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2389/94 of 30 September 1994 L 255 104 1.10.1994
"M2 Commission Regulation (EC) No 406/95 of 27 February 1995 L 44 10 28.2.1995
"M3 Commission Regulation (EC) No 1244/95 of 31 May 1995 L 121 65 1.6.1995
"M4 Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
"M5 Commission Regulation (EC) No 958/96 of 30 May 1996 L 130 6 31.5.1996
"M6 Commission Regulation (EC) No 997/97 of 3 June 1997 L 144 11 4.6.1997
"M7 Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
"M8 Commission Regulation (EC) No 2719/1999 of 20 December
1999L 327 48 21.12.1999
Corrected by:
"C1 Corrigendum, OJ L 174, 8.7.1994, p. 39 (1431/94)
"C2 Corrigendum, OJ L 189, 23.7.1994, p. 91 (1431/94)
"C3 Corrigendum, OJ L 55, 11.3.1995, p. 46 (406/95)
"C4 Corrigendum, OJ L 123, 3.6.1995, p. 31 (1244/95)
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).1994R1431 — EN — 01.01.2000 — 002.001 — 1
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 adminis-
tration of certain Community tariff quotas for poultrymeat and
certain other agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 774/94 of 29 March 1994
opening and providing for the administration 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
Article 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 Article 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 detailed rules for submission of
the applications and the information which must appear on the
applications and licences, 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 system of import
and export licences and advance fixing certificates 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
licences to be issued after a period of consideration, applying, 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 coefficient 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;
Whereas, to ensure that such quantities are used in accordance 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 system should be fixed at
ECU 50 per 100 kilograms; whereas, in view of 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 Management Committee for Poultrymeat and Eggs has not
delivered an opinion within the time limit set by the chairman,!B
(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. 16.1994R1431 — EN — 01.01.2000 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 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 import licence.
The quantities of products to which these arrangements apply and the
rate of reduction in the levy shall be those listed for each group in Annex
I.
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 authorities 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 restaur-
ants selling their products to the final consumer are excluded from
the benefits of this system.
(b) Licence applications must not involve more than one of the groups
referred to in Annex I to this Regulation. They may involve several
products covered by different CN codes; in such cases, all the CN
codes shall be indicated in section 16 and their descriptions in
section 15;
Licence 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 indicated except for groups 3 and 5.
(d) Section 20 of licence applications and licences shall show one of the
following:
Reglamento (CE) n
o1431/94,
Forordning (EF) nr 1431/94,
Verordnung (EG) Nr. 1431/94,
Καν/omikronνισµ/omikronacuteς ( EK) αριθ. 1431/94 ,!B
!M5
!B
!M6
!B1994R1431 — EN — 01.01.2000 — 002.001 — 3
Regulation (EG) No 1431/94,
Règlement (CE) no1431/94,
Regolamento (CE) n. 1431/94,
Verordening (EG) nr. 1431/94,
Regulamento (CE) no1431/94,
(e) Section 24 of licences shall show one of the following:
Levy fixed at 0 % pursuant to:
Reglamento (CE) no1431/94,
Forordning (EF) nr. 1431/94,
Verordnung (EG) Nr. 1431/94,
Καν/omikronνισµ/omikronacuteς (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) n
o1431/94.
(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
Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1514/97
Regulation (EC) No 1514/97
Règlement (CE) no1514/97
Regolamento (CE) n. 1514/97Verordening (EG) nr. 1514/97
Regulamento (CE) n
o1514/97
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
Καν/omikronνισµ/omikronacuteς (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) no1514/97
Asetus (EY) N:o 1514/97
Förordning (EG) nr 1514/97.
Article 4
1."M5Licence applications may only be lodged during the first ten
days of each period specified in Article 2. 3
However, for the period 1 January to 30 September 1994 licence
applications may be lodged only during the first 10 days of July 1994.!B
!M7
!B1994R1431 — EN — 01.01.2000 — 002.001 — 4
!M8
1aLicence applications must be accompanied by a supply contract
specifying that poultry supplies are available for delivery to the European
Community during the quota period from the origin requested and up to
the quota quantities applied for.
This paragraph shall apply to products in groups 1, 2 and 4 and the quota
period shall be the period laid down in Article 5.
2."M7Licence 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.
Where the same applicant submits more than one application relating to
products in the same group, all applications from that person shall be
inadmissible 3.
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 Article 3 (b) as well as application of
the rule in the previous subparagraph, as a single application.
3. 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 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 applications 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 percentage of
acceptance for the quantities applied 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 Community.
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.
However, licences shall not be valid beyond 31 December of the year of
issue.!B
!M2
!B1994R1431 — EN — 01.01.2000 — 002.001 — 5
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.
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 the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1994R1431 — EN — 01.01.2000 — 002.001 — 6
ANNEX I
0%"M3 COMMON CUSTOMS TARIFF DUTY 3
Chicken
(tonnes)
Country Group number CN code Annual quantities
Brazil 1 "M40207 14 10 3 7 100
"M40207 14 50 3
"M40207 14 70 3
Thailand 2 "M40207 14 10 3 5 100
"M40207 14 50 3
"M40207 14 70 3
Other 3 "M40207 14 10 3 3 300
"M40207 14 50 3
"M40207 14 70 3
Turkey
(tonnes)
Country Group number CN code Annual quantities
Brazil 4 "M40207 27 10 3 1 800
"M40207 27 20 3
"M40207 27 80 3
Other 5 "M40207 27 10 3 700
"M40207 27 20 3
"M40207 27 80 3!B1994R1431 — EN — 01.01.2000 — 002.001 — 7
ANNEX II
"(1)M3!B1994R1431 — EN — 01.01.2000 — 002.001 — 8
!M1
ANNEX III
"(1)M31994R1431 — EN — 01.01.2000 — 002.001 — 9