COMMISSION REGULATION (EC) No 387/96 of 1 March 1996 amending Regulations (EEC) No 2698/93 and (EC) No 1590/94 and fixing the quantities available in the pigmeat sector 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), and in particular Article 8 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 (EC) No 3290/94 (3), and in particular Article 22 thereof,

Whereas concessions for certain products in the pigmeat sector were granted under Commission Regulation (EEC) No 2698/93 of 30 September 1993 laying down detailed rules for the application in the pigmeat sector 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 (4), as last amended by Regulation (EC) No 2416/95 (5), and Commission Regulation (EC) No 1590/94 of 30 June 1994 laying down detailed rules for the application in the pigmeat sector of the arrangements provided for in the Interim Agreement between the Community and Bulgaria and Romania (6), as last amended by Regulation (EC) No 2252/95 (7);

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, because of the excessively tight deadlines, however, the interim Additional Protocols cannot enter into force on 1 January 1996; whereas it is therefore advisable to provide for the adjustment, as an autonomous and transitional measure, of 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 Council Decision 94/391/EC on the agreement in the form of an exchange of letters between the European Community and Bulgaria (8) and Council Decision 94/392/EC on the agreement in the form of an exchange of letters between the European Community and Romania (9);

Whereas import licences for the quantities available for the period 1 January to 31 March 1996 have been issued on the basis of Regulations (EEC) No 2698/93 and (EC) No 1590/94; 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 switch-over to the new arrangements and in particular that the quantities imported from 1 January 1996 within the framework of the Regulations mentioned above qualify for the reduction in customs duties to 20 %, provision should be made for the reimbursement of amounts paid in excess;

Whereas new tariff quotas with fixed customs duties, falling within CN codes 1501 00 19 and 1601 00 91, have been granted under Regulation (EC) No 3066/95; whereas it is necessary therefore that the products concerned be inserted in Annex I to Regulation (EEC) No 2698/93;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2698/93 is hereby amended as follows:

The first paragraph of Article 1 is replaced by the following:

'All imports into the Community under the arrangements provided for in Article 14 (2) and (4) of the Interim Agreements of products in groups 1, 2, 3, 4, H 1, H 2, 5, 6, 7, 8, 9, 10, 11, 12 and 13 referred to in Annex I to this Regulation shall be subject to the presentation of an import licence.`

Article 2

Annexes I and II to Regulation (EEC) No 2698/93 are replaced by Annexes I and II to this Regulation.

Article 3

Annex I to Regulation (EC) No 1590/94 is replaced by Annex III to this Regulation.

Article 4

The quantities available for the products in groups 1, 2, 3, 4, H 1, H 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 referred to in Annex I to Regulations (EEC) No 2698/93 and (EC) No 1590/94 for the period 1 April to 30 June 1996 are shown in Annex IV to this Regulation.

Article 5

Amounts paid in excess in respect of products in groups 1, 2, 3, 4, H 1, H 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 imported under licences in use from the period 1 January 1996 shall be reimbursed to the operators concerned.

Article 6

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, 1 March 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. 1.

(3) OJ No L 349, 31. 12. 1994, p. 105.

(4) OJ No L 245, 1. 10. 1993, p. 80.

(5) OJ No L 248, 14. 10. 1995, p. 28.

(6) OJ No L 167, 1. 7. 1994, p. 16.

(7) OJ No L 230, 27. 9. 1995, p. 12.

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

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

ANNEX I

'ANNEX I

A. Products originating in Hungary

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B. Products originating in Poland

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C. Products originating in the Czech Republic

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D. Products originating in the Slovak Republic

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ANNEX II

'ANNEX II

Application of Regulation (EC) No 387/96

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ANNEX III

'ANNEX I

A. Products originating in Bulgaria

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B. Products originating in Romania

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ANNEX IV

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