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"B 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
(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 13.11.19961995R1866 — EN — 01.07.1996 — 002.001 — 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 relatedmatters between the European Community, the European Atomic EnergyCommunity 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, andthe 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, andthe 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 theEuropean Coal and Steel Community, of the one part, and the Republic ofEstonia (
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 theimport 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, provisionshould 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 layingdown 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 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;!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 — 01.07.1996 — 002.001 — 2
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 per100 kg; whereas, in view of the likelihood of speculation inherent in thesystem 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 relatedmatters 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 theCommunity, of the one part, and Estonia of the other, of products in groups50, 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 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 importedor 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 twocalendar 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 codesshall be indicated in Section 15 and their designation in section 16;!B
!M2
!B
!M2
!B1995R1866 — EN — 01.07.1996 — 002.001 — 3
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 periodas 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 countryindicated;
(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,
—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) no1866/95,
— 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,
—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.
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 shall be admissible only where the applicant
declares in writing that he has not submitted and undertakes not to submit anyapplications, in respect of the current period, concerning products in the same
group in the Member State in which his application is lodged or in other
Member States; where the same applicant submits more than one applicationrelating 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 eachgroup. All notifications, including nil returns, shall be made by fax on theworking 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 Article3.!B
!M2
!B1995R1866 — EN — 01.07.1996 — 002.001 — 4
If quantities in respect of which licences have been applied for exceed the
quantities available, the Commission shall fix a single acceptance rate as apercentage 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.
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 sections 17 and
18 of the import licence. The figure ‘0’shall accordingly be entered in section19 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 accordancewith 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 — 01.07.1996 — 002.001 — 5
ANNEX I
A. PRODUCTS ORIGINATING IN LATVIA
Reduction of 80 % in Common Customs Tariff duty
(tonnes)
Group No CN code1. 7.1996 to 30. 6.
19971. 7.1997 to 30. 6.
19981. 7.1998 to 30. 6.
19991. 7.1999 to 30. 6.
2000From 1. 7. 2000
50 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 100207 12 900207 13 50
0207 13 60
0207 14 500207 14 60
B. PRODUCTS ORIGINATING IN LITHUANIA
Reduction of 80 % in Common Customs Tariff duty
(tonnes)
Group No CN code1. 7.1996 to 30. 6.
19971. 7.1997 to 30. 6.
19981. 7.1998 to 30. 6.
19991. 7.1999 to 30. 6.
2000From 1. 7. 2000
60 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 100207 12 900207 13 50
0207 13 60
0207 14 500207 14 60
C. PRODUCTS ORIGINATING IN ESTONIA
Reduction of 80 % in Common Customs Tariff duty
(tonnes)
Group No CN code1. 7.1996 to 30. 6.
19971. 7.1997 to 30. 6.
19981. 7.1998 to 30. 6.
19991. 7.1999 to 30. 6.
2000From 1. 7. 2000
70 0207 11 30 525 550 575 600 625
0207 11 90
0207 12 100207 12 90
0207 13 50
0207 13 600207 14 500207 14 60
75 0408 11 105 110 115 120 125!
B
!M21995R1866 — EN — 01.07.1996 — 002.001 — 6
ANNEX II
!B1995R1866 — EN — 01.07.1996 — 002.001 — 7
ANNEX III
!B1995R1866 — EN — 01.07.1996 — 002.001 — 8
!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 — 01.07.1996 — 002.001 — 9