1995R1866 — EN — 01.01.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1866/95
of 26 July 1995
laying down procedures for applying in the poultrymeat sector the arrangements provided for in
theAgreementsonfreetradeandtraderelatedmattersbetweentheCommunity,oftheonepart,
and Estonia, Lithuania and Latvia, of the other part
(OJ L 179, 29.7.1995, p. 26)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
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COMMISSION REGULATION (EC) No 1866/95
of 26 July 1995
laying down procedures for applying in the poultrymeat sector the
arrangements provided for in the Agreements on free trade andtraderelatedmattersbetweentheCommunity,oftheonepart,and
Estonia, Lithuania and Latvia, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Community,
Having regard to Council Regulation (EC) No 1275/95 of 29 May 1995
on certain procedures for applyingthe Ag reement on free trade andtrade related matters between the European Community, the EuropeanAtomic Energy Community and the European Coal and SteelCommunity, of the one part, and the Republic of Estonia, of the otherpart(
1), and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1276/95 of 29 May 1995
on certain procedures for applyingthe Ag reement on free trade andtrade related matters between the European Community, the EuropeanAtomic Energy Community and the European Coal and SteelCommunity, of the one part, and the Republic of Latvia, of the otherpart(
2) and in particular Article 1 thereof,
Having regard to Council Regulation (EC) No 1277/95 of 29 May 1995
on certain procedures for applyingthe Ag reement on free trade andtrade related matters between the European Community, the EuropeanAtomic Energy Community and the European Coal and SteelCommunity, of the one part, and the Republic of Lithuania, of the otherpart(
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 EnergyCommunity and the European Coal and Steel Community, of the onepart, 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 commoncustoms tariff for the import of certain poultrymeat products, withincertain quantitative limits; whereas, to ensure that imports comply withthe rules in force, those quantities should be staggered over the year;
Whereas, while bearingin mind the Ag reements on free trade and trade
related matters intended to guarantee the origin of the product, provisionshould be made for the administration of the said arrangements to beguaranteed by import licences; whereas, to that end, notwithstandingArticle 8 of Commission Regulation (EEC) No 3719/88 of 16November 1988 layingdown common detailed rules for the applicationof the system of import and export licences and advance-fixingcerti-ficates for agriculture products(
9), as last amended by Regulation (EC)
No 1199/95 (10), detailed rules for submission of the applications and
(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.
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licences should be laid down; whereas, in addition, provision should bemade for the certificates and licences to be issued after a period ofconsideration, 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 atECU 20 per 100 kg; whereas, in view of the likelihood of speculationinherent in the system in the poultrymeat sector, precise conditionsgoverning 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 veter-inary 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 andeggs,
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 traderelated matters between the Community, of the one part, and Lithuaniaand Latvia of the other, or under the arrangements provided for inArticle 13 (1), (2) and (3) of the Agreements on free trade and traderelated matters between the Community, of the one part, and Estonia ofthe other, of products in groups 50, 60 and 70 referred to in Annex I tothis 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 bethose 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
The quantities referred to in Article 1 shall be staggered for each period
refererd to in Annex I 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.
However, in 1995, the quantities shall be staggered as follows:
— 100 % in the period 1 September to 31 December
Article 3
The import licences provided for in Article 1 shall be subject to the
followingrules:
(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 that they have imported or exported notless than 25 tonnes (product weight) of products falling underRegulation (EEC) No 2777/75 in the two calendar year precedingthe year in which the licence application is lodged. However, retailestablishments or restaurants sellingtheir products to finalconsumers are excluded from the benefits of this system;
(b) the licence application may involve only one of groups 50, 60 and
70 referred to in Annex I to this Regulation. The application mayinvolve several products covered by different CN codes and origin-atingin one of the countries covered by this Reg ulation. In suchcases, all the CN codes shall be indicated in Section 15 and theirdesignation in section 16;
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A licence application must relate to at least one tonne and to amaximum of 25 % of the quantity available for the groupconcerned 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 fromthe country indicated;
(d) Section 20 of licence applications and licences shall show at least
one of the following:
— Reglamento (CE) n
o1866/95,
— Forordning(EF) nr. 1866/95,— Verordnung(EG) Nr. 1866/95,—Κανονισµός (ΕΚ)αριθ. 1866/95,
— Regulation (EC) No 1866/95,— Règlement (CE) n
o1866/95,
— 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,—Κανονισµός (ΕΚ)αριθ. 1866/95,
— Regulation (EC) No 1866/95,— Règlement (CE) n
o1866/95,
— 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.
Article 4
1. Licence applications may be submitted only duringthe first 10
days of the month precedingeach period specified in Article 2.
2. Licence applications shall be admissible only where the applicant
declares in writingthat 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 applica-tion is lodged or in other Member States; where the same applicantsubmits more than one application relatingto products in the samegroup, all applications from that person shall be inadmissible.
3. The Member States shall notify the Commission on the fifth
workingday followingthe end of the application submission period ofapplications submitted for each of the products in the groups. Suchnotification shall include a list of applicants and a statement of thequantities applied for in each group. All notifications, including nilreturns, shall be made by fax on the workingday stipulated, usingthemodel in Annex II to this Regulation in cases where no application hasbeen submitted and the models in Annexes II and III in cases whereapplications 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 inArticle 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
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quantity remaining, which shall be added to the quantity available inrespect of the followingperiod.
5. Licences shall be issued as quickly as possible after the Commis-
sion has taken its decision.
6. Licences issued shall be valid throughout the Community.7. Licences may be used for products complyingwith all the veter-
inary requirements in force in 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.
Import licences issued pursuant to this Regulation shall not be transfer-
able.
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, notwithstandingArticle 8 (4) of that Reg ulation, the quantity
imported under this Regulation may not exceed that shown in sections17 and 18 of the import licence. The figure ‘0' shall accordingly beentered in section 19 of licences.
Article 8
The imported products shall be placed in free circulation on presenta-
tion of a movement certificate EUR 1 issued by the exportingcountryin 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.
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Group No CN Code1. 1. 95 - 31. 12.
951. 1. 96 - 31. 12.
96Subsequent years
Group No CN Code1. 1. 95 - 31. 12.
951. 1. 96 - 31. 12.
96Subsequent years
Group No CN Code1. 1. 95 - 31. 12.
951. 1. 96 - 31. 12.
96Subsequent yearsANNEX I
A.PRODUCTS ORIGINATING IN LATVIA
60 % reduction in duties set by the common customs tariff
50 ►M10207 11 30 ◄ 400 450 500
►M10207 12 10 ◄
►M10207 11 90 ◄
►M10207 12 90 ◄
►M10207 13 50 ◄
►M10207 14 50 ◄
►M10207 13 60 ◄
►M10207 14 60 ◄
B.PRODUCTS ORIGINATING IN LITHUANIA
60 % reduction in duties set by the common customs tariff
60 ►M10207 11 30 ◄ 500 500 500
►M10207 12 10 ◄
►M10207 11 90 ◄
►M10207 12 90 ◄
►M10207 13 50 ◄
►M10207 14 50 ◄
►M10207 13 60 ◄
►M10207 14 60 ◄
C.PRODUCTS ORIGINATING IN ESTONIA
60 % reduction in duties set by the common customs tariff
70 ►M10207 11 30 ◄ 400 450 500
►M10207 12 10 ◄
►M10207 11 90 ◄
►M10207 12 90 ◄
►M10207 13 50 ◄
►M10207 14 50 ◄
►M10207 13 60 ◄
►M10207 14 60 ◄
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ANNEX II

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ANNEX III