COMMISSION REGULATION (EC) No 354/96 of 28 February 1996 amending Regulations (EEC) No 2699/93 and (EC) No 1559/94 and fixing the available quantities for the period 1 April to 30 June 1996 under the Community tariff quotas provided for in the Europe Agreements pursuant to Council Regulation (EC) No 3066/95

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (1),

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization of the market in eggs (2), as last amended by Commission Regulation (EC) No 2916/95 (3), and in particular Article 22 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 Regulation (EC) No 2916/95, and in particular Article 22 thereof,

Whereas concessions for certain products in the eggs and poultrymeat sectors have been granted under Commission Regulation (EEC) No 2699/93 of 30 September 1993 laying down detailed rules for the application in the poultrymeat and egg sectors of the arrangements provided for in the Interim Agreements between the European Economic Community and the Republic of Poland, the Republic of Hungary and the former Czech and Slovak Federal Republic (5), as last amended by Regulation (EC) No 2916/95, and Commission Regulation (EC) No 1559/94 of 30 June 1994 laying down detailed rules for the application in the poultrymeat and egg sectors of the arrangements provided for in the Interim Agreements between the Community, of the one part and Bulgaria and Romania, of the other part (6), as last amended by Regulation (EC) No 2916/95;

Whereas negotiations are currently under way with the countries concerned for the conclusion of Additional Protocols to the Europe Agreements; whereas 'interim` Additional Protocols will cover solely the trade-related aspects of the Additional Protocols; whereas, however, because of the excessively tight deadlines, the interim Additional Protocols cannot enter into force on 1 January 1996, whereas it is therefore advisable to adjust, as an autonomous and transitional measure, the agricultural concessions provided for in the Europe Agreements; whereas the adjustment should apply from 1 January to 30 June 1996;

Whereas, in order to ensure that the quantities available are allocated fairly, account should be taken, firstly, of the quantities awarded already during the first quarter of 1996 and the new quantities and, secondly, of the Council Decision 94/391/EC (7) on the agreement in the form of an exchange of letters between the European Community and Bulgaria and the Council Decision 94/392/EC on the agreement in the form of an exchange of letters between the European Community and Romania (8);

Whereas the import licences for the quantities available for the period 1 January to 31 March 1996 have already been issued on the basis of Regulations (EEC) No 2699/93 and (EC) 1559/94; whereas the quantities available for the period 1 April to 30 June 1996 should be fixed taking into consideration the quantities awarded and the quotas set for that period; whereas, in order to ensure a smooth transition to the new arrangements and in particular that the quantities imported from 1 January 1996, in the framework of the above Regulations qualify for the reduction in customs duties to 20 %, provision should be made to reimburse the amounts paid in excess;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs concerned,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EEC) No 2699/93 is hereby replaced by Annex I to this Regulation.

Annex I to Regulation (EC) No 1559/94 is hereby replaced by Annex II to this Regulation.

Article 2

The quantities available for the products in groups 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 43 referred to in Annex I to Regulations (EEC) No 2699/93 and (EC) No 1559/94 for the period 1 April to 30 June 1996 are set out in Annex III to this Regulation.

Article 3

Excess amounts paid in respect of products in groups 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 43 imported under licences issued since 1 January 1996 shall be reimbursed to the operators concerned.

Excess amounts paid in respect of products in groups 3, 13, 20, 29 and 42 imported since 1 January 1996 shall be reimbursed to the operators concerned.

Article 4

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January to 30 June 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 February 1996.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 328, 30. 12. 1995, p. 31.

(2) OJ No L 282, 1. 11. 1975, p. 49.

(3) OJ No L 305, 19. 12. 1995, p. 49.

(4) OJ No L 282, 1. 11. 1975, p. 77.

(5) OJ No L 245, 1. 10. 1993, p. 88.

(6) OJ No L 166, 1. 7. 1994, p. 62.

(7) OJ No L 178, 12. 7. 1994, p. 69.

(8) OJ No L 178, 12. 7. 1994, p. 75.

ANNEX I

'ANNEX I

A. Products originating in the Republic of Hungary

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

B. Products originating in the Republic of Poland

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

C. Products originating in the Czech Republic

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

D. Products originating in the Slovak Republic

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

ANNEX II

'ANNEX I

A. PRODUCTS ORIGINATING IN BULGARIA

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

B. PRODUCTS ORIGINATING IN ROMANIA

Applicable rate of duty: 20 % of the MFN duty

>TABLE>

ANNEX III

>TABLE>