Commission Regulation (EC) No 1396/98 of 30 June 1998 laying down procedures for applying in the poultrymeat sector Council Regulation (EC) No 779/98 on the import into the Community of agricultural products originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending Regulation (EC) No 3010/95
Date: 1998-06-30
Institutions: European Commission
Subjects: CCT duties, Türkiye, import licence, originating product, poultrymeat, tariff quota

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Official Journal of the European Communities

L 187/41

COMMISSION REGULATION (EC) No 1396/98

of 30 June 1998

laying down procedures for applying in the poultrymeat sector Council
Regulation (EC) No 779/98 on the import into the Community of agricultural
products originating in Turkey, repealing Regulation (EEC) No 4115/86 and
amending Regulation (EC) No 3010/95

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 779/98 of 7
April 1998 on the import into the Community of agricul-
tural products originating in Turkey, repealing Regulation
(EEC) No 4115/86 and amending Regulation (EC) No
3010/95 (1), 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 (2), as last amended by Commis-
sion Regulation (EC) No 2916/95 (3), and in particular
Article 15 thereof,

Whereas Decision No 1/98 of the EC-Turkey Association
Council of 25 February 1998 on the trade regime for agri-
cultural products (4) establishes the system of preferences
applicable to imports into the Community of agricultural
products originating in Turkey;

Whereas Regulation (EC) No 779/98 opens with effect
from 1 January 1998 new annual tariff quotas for certain
poultrymeat products; whereas the quotas are to apply for
an indefinite period;

import

these arrangements by means of

Whereas provision should be made for the administration
of
licences;
to that end, notwithstanding Article 8 of
whereas,
Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
the application of
import and export
the system of
licences and advance-fixing certificates for agricultural
products (5), as last amended by Regulation (EC) No
1044/98 (6), detailed rules for submission of applications
and the particulars which should appear in applications
and licences should be laid down; whereas, in addition,
provision should be made for licences to be issued after a
period of consideration, applying, where necessary, a
single acceptance rate;

Whereas, in order to ensure regular imports, the quant-
ities laid down in Annex I to this Regulation should be
staggered over the year;

(1) OJ L 113, 15. 4. 1998, p. 1.
(2) OJ L 282, 1. 11. 1975, p. 77.
(3) OJ L 305, 19. 12. 1995, p. 49.
(4) OJ L 86, 20. 3. 1998, p. 1.
(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 149, 20. 5. 1998, p. 11.

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 kilograms;
whereas, in view of the likelihood of speculation inherent
in the system in the poultrymeat sector, precise condi-
tions governing access by traders to the said system
should be laid down;

Whereas the attention of traders 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 of products in the
groups referred to in Annex I to this Regulation under
the arrangements provided for in Regulation (EC) No
779/98 shall be subject to the presentation of an import
licence.

The quantities of products to which the arrangements
apply and the rates of customs duty shall be those listed
in Annex I.

Article 2

The quotas referred to in Article 1 shall be staggered 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.

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 applications are submitted,
can prove to the satisfaction of the competent author-
ities of the Member States that they have imported or
exported not less than 50 tonnes of products falling

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under Regulation (EEC) No 2777/75 in each of the
two calendar years preceding the year in which the
licence application is lodged. However, retail establish-
ments or restaurants selling their products to final
consumers are excluded from this system;

(b) a licence application may contain only one of the
group numbers defined in Annex I hereto;
it may
involve several products covered by different CN
codes. In such cases, all the CN codes shall be in-
dicated in section 16 and their description in section
15.

A licence application must cover at least one tonne,
up to a maximum of 10 % of the quantity available
for the group concerned and the period as specified in
Article 2;

Article 4

Licence applications may be submitted only during

1.
the first ten days of each period specified in Article 2.

However, for the quantities available for the first three
periods in 1998 referred to in Article 2, licence applica-
tions may be submitted only during the first ten days of
July 1998.

Licence applications shall be admissible only where
2.
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 in
the same group in the Member State in which his ap-
plication is lodged or in other Member States.

(c) section 8 of licence applications and licences shall in-
dicate the country of origin; licences shall entail an
obligation to import from the country indicated;

Where the same applicant submits more than one ap-
plication relating to products in the same group, all ap-
plications from that person shall be inadmissible.

(d) section 20 of licence applications and licences shall

show one of the following:

— Reglamento (CE) no 1396/98

— Forordning (EF) nr. 1396/98

— Verordnung (EG) Nr. 1396/98
— Jamomisl ˜or (EJ) aqih. 1396/98
— Regulation (EC) No 1396/98

— Règlement (CE) no 1396/98

— Regolamento (CE) n. 1396/98

— Verordening (EG) nr. 1396/98

— Regulamento (CE) nº 1396/98

— Asetus (EY) N:o 1396/98

— Förordning (EG) nr 1396/98;

(e) section 24 of licences shall show one of the following:

CCT duty as provided for in:

— Reglamento (CE) no 1396/98

— Forordning (EF) nr. 1396/98

— Verordnung (EG) Nr. 1396/98
— Jamomisl ˜o (EJ) aqih. 1396/98
— Regulation (EC) No 1396/98

— Règlement (CE) no 1396/98

— Regolamento (CE) n. 1396/98

— Verordening (EG) nr. 1396/98

— Regulamento (CE) nº 1396/98

— Asetus (EY) N:o 1396/98

— Förordning (EG) nr 1396/98.

A security of ECU 20 per 100 kilograms shall be
3.
lodged for import licence applications for all products
referred to in Article 1.

The Member States shall notify the Commission on
4.
the fifth working day following the end of the application
submission period of applications submitted for each of
the products in the group. Such notification shall include
a list of applicants and a statement of
the quantities
applied for in the group.

All notifications, including nil returns, shall be made by
telex or fax on the working 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.

5.
The Commission shall decide as quickly as possible
to what extent quantities may be awarded in respect of
the applications referred to in Article 3.

If quantities in respect of which licences have been
applied for exceed the quantities available, the Commis-
sion shall fix a single acceptance rate as a percentage of
quantities applied for.

If the overall quantity for which applications have been
submitted is less than the quantity available, the Commis-
sion shall calculate the quantity remaining, which shall be
added to the quantity available in respect of the following
period.

Licences shall be issued as soon as possible after the

6.
Commission has taken its decision.

Licences may be used only for products complying
the veterinary requirements in force in the

7.
with all
Community.

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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

Without prejudice to the provisions of this Regulation,
Regulation (EEC) No 3719/88 shall apply.

However, notwithstanding Article 8(4) of Regulation
the quantity imported under this
(EEC) No 3719/88,

Regulation may not exceed that shown in sections 17 and
18 of the import licence. The figure ‘0’ shall accordingly
be entered in section 19 of the licence.

Article 7

The imported products shall be placed in free circulation
on presentation of a EUR 1 movement certificate issued
by the exporting country in accordance with Protocol 3
annexed to Decision No 1/98 of the EC-Turkey Asso-
ciation Council.

This Regulation shall enter into force on 1 July 1998.

Article 8

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

Done at Brussels, 30 June 1998.

For the Commission

Franz FISCHLER

Member of the Commission

Group number

CN code

T1

0207 25 10
0207 25 90
0207 27 30
0207 27 40
0207 27 50
0207 27 60
0207 27 70

ANNEX I

CCT duty
applicable
(ECU/tonne)

170
186
134
93
339
127
230

Annual
tariff quota
(tonnes)

1 000

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ANNEX II

APPLICATION OF REGULATION (EC) No 1396/98

COMMISSION OF THE EUROPEAN COMMUNITIES — DG VI D 3

Poultrymeat sector

Application for import licences at reduced rate of duty
— Turkey

Date:

Period:

Member State: ...........................................................................................................................................................

Sender: .......................................................................................................................................................................

Responsible contact person: ....................................................................................................................................

Telephone: .................................................................................................................................................................

Fax: ............................................................................................................................................................................

Addressee: DG VI/D/3

Fax:

(32-2) 296 62 79 or 296 12 27

Group
number

T1

Quantity applied for
(tonnes)

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ANNEX III

APPLICATION OF REGULATION (EC) No 1396/98

COMMISSION OF THE EUROPEAN COMMUNITIES — DG VI D 3

Poultrymeat sector

Application for import licences at reduced rate of duty
— Turkey

Date:

Period:

Member State: ...........................................................................................................................................................

Group
number

CN code

Applicant
(Name and address)

Quantity
(tonnes)

Total in tonnes
by group number