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"BCOMMISSION REGULATION (EC) No 1866/95
of 26 July 1995
"M2 establishing detailed rules for application in the eggs and poultrymeat sector of the
arrangements provided for in the free trade agreements between the Community, of the one part,
and Estonia, Latvia and Lithuania, of the other part 3
(OJ L 179, 29.7.1995, p. 26)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
"M2 Commission Regulation (EC) No 2166/96 of 12 November 1996 L 290 6 13.11.1996
"M3 Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
"M4 Commission Regulation (EC) No 1429/2000 of 30 June 2000 L 161 49 1.7.2000
"M5 Commission Regulation (EC) No 2807/2000 of 20 December
2000L 326 10 22.12.2000
"M6 Commission 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).1995R1866 — EN — 01.06.2001 — 006.001 — 1
COMMISSION REGULATION (EC) No 1866/95
of 26 July 1995
"M2 establishing detailed rules for application in the eggs and
poultrymeat sector of the arrangements provided for in the free
trade agreements between the Community, of the one part, and
Estonia, Latvia and Lithuania, of the other part 3
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1275/95 of 29 May 1995
on certain procedures for applying the Agreement on free trade and trade
related matters between the European Community, the European Atomic
Energy Community and the European Coal and Steel Community, of the
one part, and the Republic of Estonia, of the other part (1), and in
particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1276/95 of 29 May 1995
on certain procedures for applying the Agreement on free trade and trade
related matters between the European Community, the European Atomic
Energy Community and the European Coal and Steel Community, of the
one part, and the Republic of Latvia, of the other part (2) and in particular
Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of 29 May 1995
on certain procedures for applying the Agreement on free trade and trade
related matters between the European Community, the European Atomic
Energy Community and the European Coal and Steel Community, of the
one part, and the Republic of Lithuania, of the other part (3), 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 (4), as
last amended by the Act of Accession of Austria, Finland and Sweden,
and by Regulation (EC) No 3290/94 (5), and in particular Article 15
thereof,
Whereas the Agreements on free trade and trade related matters between
the European Community, the European Atomic Energy Community and
the European Coal and Steel Community, of the one part, and the
Republic of Estonia (6), the Republic of Latvia (7) and the Republic of
Lithuania (8), of the other part, were signed on 18 July 1994;
Whereas these Agreements on free trade and trade related matters
provided for a reduction of 60 % in the duties set by the common
customs tariff for the import of certain poultrymeat products, within
certain quantitative limits; whereas, to ensure that imports comply with
the rules in force, those quantities should be staggered over the year;
Whereas, while bearing in mind the Agreements on free trade and trade
related matters intended to guarantee the origin of the product, provision
should be made for the administration of the said arrangements to be
guaranteed by import licences; whereas, to that end, 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
agriculture products (9), as last amended by Regulation (EC) No
1199/95 (10), detailed rules for submission of the applications and!B
(1) OJ No L 124, 7. 6. 1995, p. 1.
(2) OJ No L 124, 7. 6. 1995, p. 2.
(3) OJ No L 124, 7. 6. 1995, p. 3.
(4) OJ No L 282, 1. 11. 1975, p. 77.
(5) OJ No L 349, 31. 12. 1994, p. 105.
(6) OJ No L 373, 31. 12. 1994, p. 1.
(7) OJ No L 374, 31. 12. 1994, p. 1.
(8) OJ No L 375, 31. 12. 1994, p. 1.
(9) OJ No L 331, 2. 12. 1988, p. 1.
(10) OJ No L 119, 30. 5. 1995, p. 4.1995R1866 — EN — 01.06.2001 — 006.001 — 2
licences should be laid down; whereas, in addition, provision should be
made for the certificates and licences to be issued after a period of
consideration, applying, where necessary, a single acceptance rate;
Whereas, in order to ensure proper administration of the system, the
security for import licences under the said system should be fixed at
ECU 20 per 100 kg; whereas, in view of the likelihood of speculation
inherent in the system in the poultrymeat sector, precise conditions
governing access by operators to the said system should be laid down;
Whereas the attention of operators should be drawn to the fact that
licences may be used only for products that comply with all the
veterinary requirements 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,
HAS ADOPTED THIS REGULATION:
Article 1
All imports into the Community under the arrangements provided for in
Article 14 (1), (2) and (3) of the Agreements on free trade and trade
related matters between the Community, of the one part, and Lithuania
and Latvia of the other, or under the arrangements provided for in Article
13 (1), (2) and (3) of the Agreements on free trade and trade related
matters between the Community, of the one part, and Estonia of the
other, of products in groups 50, 60 and 70 referred to in Annex I to this
Regulation, shall be subject to the presentation of an import licence.
The quantities of products to which those arrangements apply and the
rates of reduction in the levies set in the common customs tariff shall be
those listed by group in Annex I.
The rate of reduction in the levy shall be that provided for in Article 2 for
the period for which a licence is requested.
Article 2
From 1 July 1996 the quantities indicated in Annex I shall be staggered
over the year as follows:
— 25 % in the period 1 July to 30 September,
— 25 % in the period 1 October to 31 December,
— 25 % in the period 1 January to 31 March,— 25 % in the period 1 April to 30 June.The quantities available for the period 1 October to 31 December 1996
shall however be as indicated in Annex IV to this Regulation and the
licence applications shall be submitted from 11 to 20 November 1996.
Article 2a
Article 2 and Article 4(1) notwithstanding, licence applications may be
submitted only between 1 and 10 January 2001 for all quantities
available for the period 1 January to 30 June 2001 referred to in
Annex I.B.!B
!M2
!M51995R1866 — EN — 01.06.2001 — 006.001 — 3
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 at which applications are submitted, can prove to the
satisfaction of the competent authorities in the Member States that
they have imported or exported at least 25 tonnes (by weight of
product) in the case of products covered by Regulation (EEC)
No 2777/75 and 5 tonnes (eggs and shell equivalent) in the case of
products covered by Regulations (EEC) No 2771/75 and (EEC)
No 2783/75 during both of the two calendar years preceding the year
in which the licence applications were submitted. However retail
establishments or restaurants selling their products to final
consumers are excluded from the benefit of this scheme;
(b) the licence application may involve only one of groups 50, 60 and 70
referred to in Annex I to this Regulation. The application may
involve several products covered by different CN codes and
originating in one of the countries covered by this Regulation. In
such cases, all the CN codes shall be indicated in Section 15 and
their designation in section 16;
A licence application must relate to at least one tonne and to a
maximum of 25 % of the quantity available for the group concerned
and 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 at least
one of the following:
— Reglamento (CE) no1866/95,
— Forordning (EF) nr. 1866/95,
— Verordnung (EG) Nr. 1866/95,
—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1866/95,
— Regulation (EC) No 1866/95,
— Règlement (CE) no1866/95,
— Regolamento (CE) n. 1866/95,
— Verordening (EG) nr. 1866/95,
— Regulamento (CE) n.o1866/95,
— Asetus (EY) N:o 1866/95,— Förordning (EG) nr 1866/95
(e) Section 24 of licences shall show atleast one of the following:
— Reglamento (CE) n
o1866/95,
— Forordning (EF) nr. 1866/95,
— Verordnung (EG) Nr. 1866/95,
—Καν/omikronνισµ/omikronacuteς (ΕΚ) αριθ. 1866/95,
— Regulation (EC) No 1866/95,
— Règlement (CE) no1866/95,
— Regolamento (CE) n. 1866/95,
— Verordening (EG) nr. 1866/95,
— Regulamento (CE) n.o1866/95,!B
!M2
!B1995R1866 — EN — 01.06.2001 — 006.001 — 4
— Asetus (EY) N:o 1866/95,
— Förordning (EG) nr 1866/95.
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 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. 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 groups. Such
notification shall include a list of applicants and a statement of the
quantities applied for in each group. All notifications, including nil
returns, shall be made by 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 been submitted.
4. 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 acceptance
rate 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.
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.
7. Licences may be used 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 the
total volume of products imported for each of the groups under this
Regulation during that period.
All notifications, including ‘nil’ ones, shall be made using the model in
Annex V 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.
"M6However, the validity of licences shall not extend beyond the end
of the last period of the year referred to in Article 2 for which a licence
has been issued. 3!B
!M6
!M3
!B
!M6
!B1995R1866 — EN — 01.06.2001 — 006.001 — 5
Import licences issued pursuant to this Regulation shall not be
transferable.
Article 6
A security of ECU 20 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, notwithstanding Article 8 (4) of that Regulation, 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 licences.
Article 8
The imported products shall be placed in free circulation on presentation
of a movement certificate EUR 1 issued by the exporting country in
accordance with Protocol 3 annexed to the Agreements on free trade.
Article 9
This Regulation shall enter into force on 1 August 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1995R1866 — EN — 01.06.2001 — 006.001 — 6
ANNEX I
A. PRODUCTS ORIGINATING IN LATVIA
Reduction of 100 % in Common Customs Tariff duty
(tonnes)
Group No CN code 1.7.2000 to 30.6.2001Annual increase as from
1.7.2001
50
(09.4544)ex 0207 (*) 625 65
55
(09.4566)1602 32
1602 39100 10
(*) Except CN codes 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91, 0207 34 10, 0207 34 90, 0207 35 91, 0207 36 81, 0207 36 85,
0207 36 89.
B. PRODUCTS ORIGINATING IN LITHUANIA
Reduction of 100 % in Common Customs Tariff duty
(tonnes)
Group No CN code 1.1.2001 to 30.6.2001 1.7.2001 to 30.6.2002Annual increase as from
1.7.2002
60
(09.4568)ex 0207 (*) 500 1 100 100
65
(09.4570)1602 32
1602 39100 220 20
(*) Except CN codes 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91, 0207 34 10, 0207 34 90, 0207 35 91, 0207 36 81, 0207 36 85,
0207 36 89.
C. PRODUCTS ORIGINATING IN ESTONIA
Reduction of 100 % in Common Customs Tariff duty
(tonnes)
Group No CN code 1.7.2000 to 30.6.2001Annual increase as from
1.7.2001
70
(09.4585)0207 (1)
Meat and edible offal, of poultry of heading
No 0105, fresh chilled or frozen625 190
75
(09.4586)0408 (2)
Birds’ eggs, not in shell, and egg yolks, fresh,
dried, cooked by steaming or by boilingwater, moulded, frozen or otherwise pre-served, whether or not containing added
sugar or other sweetening matter125 40!
B
!M5
!M41995R1866 — EN — 01.06.2001 — 006.001 — 7
(tonnes)
Group No CN code 1.7.2000 to 30.6.2001Annual increase as from
1.7.2001
78
(09.4587)1602 32
Other prepared or preserved meat, meat offal
or blood, of poultry of heading No 0105, offowls of the species Gallus domesticus100 30
1602 39
Other prepared or preserved meat, meat offal
or blood, of poultry of heading No 0105, of
other than of fowls of the species Gallus
domesticus
(
1)Except CN codes 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91, 0207 34 10, 0207 34 90, 0207 35 91, 0207 36 81, 0207 36 85,
0207 36 89.
(2)Except CN codes 0408 11 20, 0408 19 20, 0408 91 20, 0408 99 20!M41995R1866 — EN — 01.06.2001 — 006.001 — 8
ANNEX II
!B1995R1866 — EN — 01.06.2001 — 006.001 — 9
ANNEX III
!B1995R1866 — EN — 01.06.2001 — 006.001 — 10
!M2
ANNEX IV
(tonnes)
Group NoTotal quantity available for period 1 October to
31 December 1996
50 262,5
60 262,5
70 262,5
75 52,51995R1866 — EN — 01.06.2001 — 006.001 — 11
!M6
ANNEX IV
1995R1866 — EN — 01.06.2001 — 006.001 — 12