1995R1866 — EN — 01.01.2001 — 005.001 — 1
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►B COMMISSIONREGULATION(EC)No1866/95
of26July1995
►M2 establishing detailed rules for application in the eggs and poultrymeat sector of the
arrangementsprovidedforinthefreetradeagreementsbetweentheCommunity,oftheonepart,
andEstonia,LatviaandLithuania,oftheotherpart ◄
(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
►M2Commission Regulation (EC) No 2166/96 of 12 November 1996 L 290 6 13.11.1996
►M3Commission Regulation (EC) No 1514/97 of 30 July 1997 L 204 16 31.7.1997
►M4Commission Regulation (EC) No 1429/2000 of 30 June 2000 L 161 49 1.7.2000
►M5Commission Regulation (EC) No 2807/2000 of 20 December 2000 L 326 10 22.12.2000
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).
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COMMISSIONREGULATION(EC)No1866/95
of26July1995
►M2 establishing detailed rules for application in the eggs and
poultrymeat sector of the arrangements provided for in the freetrade agreements between the Community, of the one part, and
Estonia,LatviaandLithuania,oftheotherpart ◄
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 theone 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 traderelated 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 traderelated matters between the European Community, the European AtomicEnergy 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 areduction 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 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, 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 16 November1988 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 licences1995R1866 — EN — 01.01.2001 — 005.001 — 2
(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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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 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 theveterinary 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 traderelated 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 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 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 alicence 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 thelicence 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 quantitiesavailable for the period 1 January to 30 June 2001 referred to in AnnexI.B.
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 thesatisfaction of the competent authorities in the Member States thatthey have imported or exported at least 25 tonnes (by weight of1995R1866 — EN — 01.01.2001 — 005.001 — 3
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product) in the case of products covered by Regulation (EEC) No
2777/75 and 5 tonnes (eggs and shell equivalent) in the case ofproducts 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 retailestablishments or restaurants selling their products to finalconsumers 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 mayinvolve 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 andtheir 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 concernedand 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) 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) no1866/95,
— 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 application may be lodged only during the first 10 days of
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 uphis 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 beinadmissible.1995R1866 — EN — 01.01.2001 — 005.001 — 4
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3. The Member States shall notify the Commission on the fifth
working day following the end of the application submission period ofapplications 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 nilreturns, shall be made by fax on the working day stipulated, using themodel in Annex II to this Regulation in cases where no application hasbeen 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 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 quantity
remaining, which shall be added to the quantity available in respect ofthe 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.
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
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 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 presentation
of amovement certifica te EUR 1 issued by the exporting country inaccordance 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.1995R1866 — EN — 01.01.2001 — 005.001 — 5
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ANNEX I
A.PRODUCTSORIGINATINGINLATVIA
Reductionof100%inCommonCustomsTariffduty
(tonnes)
Group No CN code1.7.2000 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.PRODUCTSORIGINATINGINLITHUANIA
Reduction of 100 % in Common Customs Tariff duty
(tonnes)
Group No CN code1.1.2001 to
30.6.20011.7.2001 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.PRODUCTSORIGINATINGINESTONIA
Reductionof100%inCommonCustomsTariffduty
(tonnes)
Group No CN code1.7.2000 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 boiling water,
moulded, frozen or otherwise
preserved, whether or not containing
added sugar or other sweetening
matter125 401995R1866 — EN — 01.01.2001 — 005.001 — 6
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(tonnes)
Group No CN code1.7.2000 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, of fowls of the
speciesGallus 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 domes-
ticus
(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 201995R1866 — EN — 01.01.2001 — 005.001 — 7
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ANNEX II
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ANNEX III
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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 — 01.01.2001 — 005.001 — 10