Commission Regulation (EC) No 493/1999 of 5 March 1999 amending Regulation (EC) No 1484/95 laying down detailed rules for implementing the system of additional import duties and fixing additional import duties in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC
Date: 1999-03-05
Institutions: European Commission
Subjects: CCT duties, egg, egg product, import, poultrymeat

6. 3. 1999

EN

Official Journal of the European Communities

L 59/15

COMMISSION REGULATION (EC) No 493/1999

of 5 March 1999

amending Regulation (EC) No 1484/95 laying down detailed rules for imple-
menting the system of additional import duties and fixing additional import
duties in the poultrymeat and egg sectors and for egg albumin, and repealing
Regulation No 163/67/EEC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to Council Regulation (EC) No 2771/75 of
29 October 1975 on the common organisation of the
market in eggs (1), as last amended by Commission Regu-
lation (EC) No 1516/96 (2), and in particular Articles 5(4)
and 15 thereof,

Having regard to Council Regulation (EEC) No 2777/75
of 29 October 1975 on the common organisation of the
market in poultrymeat (3), as last amended by Commis-
sion Regulation (EC) No 2916/95 (4), and in particular
Articles 5(4) and 15 thereof,

Having regard to Council Regulation (EEC) No 2783/75
of 29 October 1975 on the common system of trade for
ovalbumin and lactalbumin (5), as last amended by Regu-
lation (EC) No 2916/95, and in particular Articles 3(4) and
10 thereof,

Whereas Article 3(1) of Commission Regulation (EC) No
1484/95 (6), as last amended by Regulation (EC) No 117/
1999 (7), provides that the additional duty at the request of
the importer may be established on the basis of the cif
import price; whereas in the framework of the World
Trade Organisation it has been decided that it is man-
datory to establish the additional duty on the basis of the
cif import price; whereas Articles 3 and 4(1), Annex I and
the title of the Regulation should be amended in accord-
ance with this Decision;

Whereas the various prices which serve as basis for deter-
mining the representative prices should be better defined;

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

(1) OJ L 282, 1. 11. 1975, p. 49.
(2) OJ L 189, 30. 7. 1996, p. 99.
(3) OJ L 282, 1. 11. 1975, p. 77.
(4) OJ L 305, 29. 12. 1995, p. 49.
(5) OJ L 282, 1. 11. 1975, p. 104.
(6) OJ L 145, 29. 6. 1995, p. 47.
(7) OJ L 15, 20. 1. 1999, p. 4.

Regulation (EC) No 1484/95 is amended as follows:

1. The title of the Regulation shall read:

‘Commission Regulation (EC) No 1484/95 of 28 June
1995 laying down detailed rules for implementing the
system of additional import duties and fixing repres-
entative prices in the poultrymeat and egg sectors and
for egg albumin, and repealing Regulation No 163/67/
EEC'.

2. Article 2 is amended as follows:

— the second indent of the first paragraph is replaced

by the following:

‘— cif

import prices;

for the purposes of

this
Regulation, the following factors shall consti-
tute the cif import price: (a) the fob price in the
country of origin; and (b) transport and insur-
ance costs to the point of introduction into the
customs territory of the Community,',

— in the last phrase of paragraph 1, ‘These prices' is

replaced by ‘The representative prices',

— in paragraph 2,

‘third' is replaced by ‘second and

third'.

3. Article 3 is replaced by the following:

‘Article 3

1.
The additional duty shall be established on the
basis of the cif import price of the consignment in
question in accordance with the provisions of Article 4.

import price per 100 kg of a
2. When the cif
consignment
is higher than the applicable repres-
entative price referred to in Article 2(1), the importer
shall present
the
importing Member States at least the following proofs:

to the competent authorities of

— the purchasing contract, or any other equivalent

document,

— the insurance contract,

— the invoice,

L 59/16

EN

Official Journal of the European Communities

6. 3. 1999

— the certificate of origin (where applicable),
— the transport contract,
— and, in the case of sea transport, the bill of lading.

3.
the
In the case referred to in paragraph 2,
importer must lodge the security referred to in Article
248(1) of Commission Regulation (EEC) No 2454/
93 (*), equal to the amount of additional duty which he
would have paid if the calculation of the additional
duty had been made on the basis of the representative
price applicable to the product in question, as shown
in Annex I.

release for

to prove that

free circulation,

4.
The importer shall have one month from the sale
of the products in question, subject to a limit of six
months from the date of acceptance of the declaration
of
the
consignment was disposed of under
conditions
confirming the correctness of the prices referred to in
paragraph 2. Failure to meet one or other of these
deadlines shall entail the loss of the security lodged.
However,
six months may be
extended by the competent authorities by a maximum
of three months at the request of the importer, which
must be duly substantiated.

the time limit of

The security lodged shall be released to the extent that
proof of the conditions of disposal is provided to the
satisfaction of the customs authorities.

Otherwise,
payment of the additional duties.

the security shall be forfeit by way of

5.
If on verification the competent authorities estab-
lish that the requirements of this Article have not been
met, they shall recover the duty due in accordance
with Article 220 of Regulation (EEC) No 2913/92. The
amount of the duty to be recovered or remaining to be
recovered shall
from the date the
goods were released for free circulation up to the date
of recovery. The interest rate applied shall be that in
force for recovery operations under national law.

include interest

(*) OJ L 253, 11.10.1993, p. 1.'

4. The introductory phrase of Article 4(1) is replaced by

the following:

‘If the difference between the trigger price in question
referred to in Article 1(2) and the cif import price of
the consignment in question:'

Article 2

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

It shall apply from 25 March 1999.

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

Done at Brussels, 5 March 1999.

For the Commission

Franz FISCHLER

Member of the Commission