1432/94 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COMMISSION REGULATION (EC) No 1432/94
of 22 June 1994
laying down detailed rules for the application in the pigmeat 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 pigmeat and certain other agricultural
products
(OJ No L 156, 23. 6. 1994, p. 14)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 1593/95 of 30 June 1995 L 150 94 1. 7. 1995
Commission Regulation (EC) No 2068/96 of 29 October 1996 L 277 12 30. 10. 1996
Corrected by:
C1 Corrigendum, OJ No L 174, 8. 7. 1994, p. 39 (1432/94)
1432/94 - - - I
ICOMMISSION REGULATION (EC) No 1432/94
of 22 June 1994
laying down detailed rules for the application in the pigmeat 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 pigmeat and certain other agricultural
products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EC) No 774/94 of
29 March 1994 opening and providing for the administra-
tion 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 Ar-
ticle 7 thereof,
Having regard to Council Regulation (EEC) No 2759/75
of 29 October 1975 on the common organization of the
market in pigmeat (2), as last amended by Regulation
(EEC) No 1249/89 (3), and in particular Article 22 thereof,
Whereas Council Regulation (EC) No 774/94 opened,
from 1 January 1994, new annual tariff quotas for certain
pigmeat 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 de-
tailed rules for submission of the applications and the in-
formation which must appear on the applications and li-
cences, 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 sys-
tem of import and export licences and advance fixing cer-
tificates 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 li-
cences to be issued after a period of consideration, apply-
ing, where necessary, a single percentage of acceptance;
whereas, it is appropriate, in the interest of the operators,
to provide for the possibility to withdraw the application
for certificates after the fixing of a coefficient of accept-
ance;
Whereas Regulation (EC) No 774/94 provides for the cus-
toms duty to be fixed at 0 % for imports of certain pig-
meat products, up to a certain quantity; whereas, in order
to ensure the regularity of imports, the quantity in ques-
tion should be staggered over one year;
(1) OJ No L 91, 8. 4. 1994, p. 1.
(2) OJ No L 282, 1. 11. 1975, p. 1.
(3) OJ No L 129, 11. 5. 1989, p. 12.
(4) OJ No L 331, 2. 12. 1988, p. 1.
(5) OJ No L 320, 22. 12. 1993, p. 16.1593/95
1432/94 - - - I
IIWhereas, in order to ensure proper administration of the
system, the security for import licences under the said sys-
tem should be fixed at ECU 30 per 100 kilograms; where-
as, in view of the risk of speculation inherent in the system
in the pigmeat sector, precise conditions governing access
by traders to the said system should be laid down;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management Com-
mittee for Pigmeat,
HAS ADOPTED THIS REGULATION:
1432/94 - - - I
1Article 1
All imports into the Community under the tariff quotas
opened in Article 2 of Regulation (EC) No 774/94 of
products as referred to in Annex I to this Regulation shall
be subject to the presentation of an import licence.
Article 2
The quantity fixed in Annex I shall be staggered over the
year 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, for the period from 1 January to 30 Sep-
tember 1994, the quantity fixed in Annex I shall amount to
5 250 tonnes.
Article 3
The import licences referred to in Article 1 shall be sub-
ject 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 author-
ities in the Member States that they have been active
in trade with third countries in products in the pigmeat
sector for at least the preceding 12 months. However,
retail establishments or restaurants selling their prod-ucts to final consumers are excluded from the benefits
of this regime.
(b) Licence applications may relate to products covered by
the two different CN codes and originating in only one
country. In such cases, all the CN codes must be indi-
cated in section 16 and their descriptions in section 15;
a licence application must relate at least to 20 tonnes
a n da tm o s tt o1 0 %o ft h eq u a n t i t ya v a i l a b l ef o rt h e
period specified in Article 2.
(c) Section 8 of licence applications and licences shall
show the country of origin.1432/94
2068/96
1432/94 - - - I
2(d) Section 20 of licences applications and licences shall
show one of the following:
Reglamento (CE) no1432/94,
Forordning (EF) nr. 1432/94,
Verordnung (EG) Nr. 1432/94,
Κανονισμός (ΕΚ)αριθ. 1432/94,
Regulation (EC) No 1432/94,
Règlement (CE) no1432/94,
Regolamento (CE) n. 1432/94,
Verordening (EG) nr. 1432/94,
Regulamento (CE) nº 1432/94.
(e) Section 24 of licences shall show one of the following:
Customs d u t yf i x e da t0%p u r s u a n tt o :
Reglamento (CE) no1432/94,
Forordning (EF) nr. 1432/94,
Verordnung (EG) Nr. 1432/94,
Κανονισμός (ΕΚ)αριθ. 1432/94,
Regulation (EC) No 1432/94,
Règlement (CE) no1432/94,
Regolamento (CE) n. 1432/94,
Verordening (EG) nr. 1432/94,
Regulamento (CE) nº 1432/94.
Article 4
1. Licence applications shall be lodged during the first
10 days only of each period as specified in Article 2.
However, for the period 1 January to 30 September 1994
licence applications may be lodged during the first 10 days
of July 1994.
2. Licence applications shall only be admissible where
the applicant declares in writing that he has not submitted
and undertakes not to submit any applications, in respect
of the current period, concerning products fixed in Annex I
in the Member State in which his applications is lodged or
in another Member State; where an applicant submits
more than one application relating to products fixed in
Annex I, all applications from that person shall be inad-
missible; however, each applicant may lodge several ap-
plications for import licences for products fixed in Annex I,
if these products originate in different countries. The ap-
plications, one each for a single country of origin, should
be submitted together 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 of the present Article, as a single application.1432/94
1593/95
1432/94 - - - I
33. Member States shall notify the Commission, on the
third working day following the end of the application sub-
mission period, of applications lodged for each of the
products fixed in Annex I. Such notification shall include a
list of applicants and a statement of the quantities applied
for in the Annex I.
All notifications, including notifications 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 ap-
plications as referred to in Article 3.
If quantities in respect of which licences have been applied
for exceed the quantities available, the Commission shallfix a single percentage of acceptance in quantities applied
f o r .I nt h ec a s ew h e r et h ep e r c e n t a g ei sl e s st h a n5 % ,t h e
Commission can refuse all applications and the correspon-
ding security shall be released immediately.
The
trader may withdraw his request for certificates within
10 working days after the publication of the single percen-
tage of acceptance in the Official Journal of the European
Communities, if the application of this rate leads to the
fixation of a quantity smaller than 20 tonnes. The corre-
sponding security shall be released immediately.
The Commission shall calculate the quantity remaining,
which shall be added to the quantity available in respect of
the following period for the same year.
5. Licences shall be issued as quickly as possible after
the Commission has taken its decision.
6. Licences issued shall be valid throughout the Com-
munity.
Article 5
For the purposes of Article 21 (2) of Regulation (EEC)
No 3719/88, import licences shall be valid for 150 days
f r o mt h ed a t eo fa c t u a li s s u e .
However, licences shall not be valid beyond 31 December
of the year of issue.1432/94
C1, OJ No L 174, 8. 7. 1994, p. 39
1432/94 - - - I
4Import licences issued pursuant to this Regulation shall not
be transferable.
Article 6
A security of ECU 30 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, 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 the seventh day
following its publication in the Official Journal of the Euro-
pean Communities.1432/94
1432/94 - - - I
5ANNEX I
0%C U S T O M S DUTY
(tonnes )
CN code From 1 January to 31 December
0203 19 13 7 000
0203 29 151432/94
1593/95
1432/94 - - - I
6ANNEX II
customs duty1439 /95
1593 /95
1432/94 - - - I
7ANNEX III
customs duty1439 /95
1593 /95