Commission Regulation (EC) No 593/2004 of 30 March 2004 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin
Date: 2004-03-30
Institutions: European Commission
Subjects: animal protein, egg, tariff quota

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 593/2004

of 30 March 2004

opening and providing for the administration of the tariff quotas in the egg sector and for egg
albumin

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29
October 1975 on the common organisation of the market in
eggs (1), as last amended by Commission Regulation (EC) No
493/2002 (2), and in particular Article 3(2), Article 6(1) and
Article 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 (3), as last amended by Commission Regulation
(EC) No 2916/95 (4), and in particular Article 2(2), Article 4(1)
and Article 10 thereof,

Whereas,

(1)

(2)

(3)

Commission Regulation (EC) No 1474/95 of 28 June
1995 opening and providing for the administration of
tariff quotas in the egg sector and for egg albumin (5),
has been substantially amended several times (6). In the
interests of clarity and rationality the said regulation
should be codified.

In the framework of
the World Trade Organisation
(WTO), the Community has undertaken to open tariff
quotas for certain products in the egg sector and for egg
albumin. As a result, detailed rules for the application of
those quotas should be laid down.

The administration of the arrangements should be based
on import licences. To that end, the detailed rules for
submission of
the applications and the information
which must appear on the applications and licences, by
way of derogation from Article 8 of Commission Regu-
lation (EC) No 1291/2000 of 9 June 2000 laying down
common detailed rules for the application of the system
of import and export licences and advance fixing certifi-
cates for agricultural products (7), as last amended by
Regulation (EC) No 325/2003 (8), should be laid down.
In addition, provision should be made for the licences to
be issued after a period of consideration, applying,
where necessary, a single percentage of acceptance. It is

(1) OJ L 282, 1.11.1975, p. 49.
(2) OJ L 77, 20.3.2002, p. 7.
(3) OJ L 282, 1.11.1975, p. 104.
(4) OJ L 305, 19.12.1995, p. 49.
(5) OJ L 145, 29.6.1995, p. 19.
(6) See Annex V.
(7) OJ L 152, 24.6.2000, p. 1.
(8) OJ L 47, 21.2.2003, p. 21.

in the interest of importers and exporters to allow the
licence application to be withdrawn after the coefficient
of acceptance has been fixed.

In order to ensure the regularity of imports, the quantity
referred to in Annex I should be staggered over one
year.

In order to ensure proper administration of the system,
the security for import licences under the said system
should be fixed at EUR 20 per 100 kg (shell egg equiva-
lent).

In order to ensure that the system is working properly
and in particular to eliminate the risk of speculation
inherent in the system in the egg and albumin sector,
precise conditions governing access by traders to the
system should be laid down aiming at ensuring the
seriousness of their activities in this sector.

The attention of the operators should be drawn to the
fact that licences may only be used for products which
comply with all veterinary provisions in force in the
Community.

To ensure sound administration of the import arrange-
ments, the Commission should have at its disposal accu-
rate information provided by the Member States on
quantities actually imported. In the interest of clarity, a
single model should be used by the Member States for
notifying quantities to the Commission.

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

(4)

(5)

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

The import tariff quotas listed in Annex I are opened annually
for the period from 1 July to 30 June for the product groups
and under the conditions indicated therein.

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Article 2

(d) section 20 of licence applications and licences shall show

The quotas referred to in Article 1 shall be staggered as
follows:

for group E 1:

— 20 % in the period from 1 July to 30 September,

— 30 % in the period from 1 October to 31 December,

— 30 % in the period from 1 January to 31 March,

— 20 % in the period from 1 April to 30 June,

for groups E 2 and E 3:

— 25 % in the period from1 July to 30 September,

— 25 % in the period from 1 October to 31 December,

— 25 % in the period from 1 January to 31 March,

— 25 % in the period from 1 April to 30 June.

Article 3

All imports into the Community under the quotas referred to
in Article 1 shall be subject to the presentation of an import
licence.

Article 4

The import licences referred to in Article 3 shall be subject to
the following provisions:

(a) applicants for import

licences shall be natural or legal
persons who, at the time applications are submitted, can
prove to the satisfaction of the competent authorities in the
Member States that they have imported not less than 50
tonnes (shell egg equivalent) of products falling within the
(EEC) No 2771/75 (excluding
scope of Regulations
hatching eggs) and (EEC) No 2783/75 in each of the two
calendar years preceding the year in which the licence
application is lodged, or who are approved in accordance
with Article 6(1) of Council Directive 89/437/EEC (1) for
the treatment of egg products. However, retail establish-
ments or restaurants selling their products to final consu-
mers are excluded from the benefits of this system;

(b) licence applications shall not involve more than one of the
groups referred to in Annex I. They may involve several
products covered by different CN codes and originating in
one single country; in such cases, all the CN codes shall be
indicated in section 16 and their descriptions in section 15.
Regarding groups E2 and E3, the total quantity shall be
converted into shell egg equivalent.

Licence applications shall relate to at least one tonne and to
a maximum of 10 % of the quantity available for the group
concerned and the periods specified in Article 2;

(c) section 8 of licence applications and licences shall show the

country of origin;

(1) OJ L 212, 22.7.1989, p. 87.

one of the following:

Reglamento (CE) no 593/2004

Forordning (EF) nr. 593/2004

Verordnung (EG) Nr. 593/2004
Κανονισµός (ΕΚ) αριθ. 593/2004
Regulation (EC) No 593/2004

Règlement (CE) no 593/2004

Regolamento (CE) n. 593/2004

Verordening (EG) nr. 593/2004

Regulamento (CE) n.o 593/2004

Asetus (EY) N:o 593/2004

Förordning (EG) nr 593/2004

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

Reducción del derecho del AAC conforme a lo establecido
en el Reglamento (CE) no 593/2004

Reduktion i toldsatsen i henhold til
593/2004

forordning (EF) nr.

Ermäßigung des Zollsatzes gemäß Verordnung (EG) Nr.
593/2004
Μείωση του δασµού του Κ∆, όπως προβλέπεται στον κανονισµό
(ΕΚ) αριθ. 593/2004
Reduction of CCT duty pursuant to Regulation (EC) No
593/2004

Réduction du droit du tarif douanier commun comme
prévu au règlement (CE) no 593/2004

Riduzione del dazio TDC come prevede il regolamento (CE)
n. 593/2004

Verlaging van het GDT-recht op grond van Verordening
(EG) nr. 593/2004

Redução do direito da PAC previsto no Regulamento (CE)
n.o 593/2004

Yhteisön yhteisen tullitariffin maksua alennettu seuraavan
mukaisesti: Asetus (EY) N:o 593/2004

Reduktion av Gemensamma
förordning (EG) nr 593/2004.

tulltaxans

tariffer

enligt

Article 5

Licence applications shall be lodged during the first seven
1.
days of the month preceding each period as specified in Article
2.

Licence applications shall be submitted to the competent
2.
authority of the Member State in which the applicant is estab-
lished or has set up his/her registered office. Applications shall
be admissible only where the applicant declares in writing that
he/she has not submitted and undertakes not to submit any
other applications, in respect of the same period, concerning
products in the same group.

Where the same applicant submits more than one application
relating to products in the same group, all applications from
that person shall be inadmissible.

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However, each applicant may lodge more than one application
for import licences for products in one group, where such
products originate in more than one country. Separate applica-
tions for each country of origin shall be submitted simulta-
neously to the competent authority of a Member State. They
shall be considered, as regards the maximum referred to in
Article 4(b) as well as application of the rule in the second sub-
paragraph, as single applications.

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

4. Member States shall notify the Commission, on the fifth
working day following the end of the application submission
period, of applications lodged for each of the products in the
group in question. Such notification shall include a list of appli-
cants and a statement of the quantities applied for in the
group.

All notifications, including ‘nil’ notifications, shall be made by
telex or fax on the working day stipulated, drawn up on the
model shown in Annex II in cases where no application is
made, and the models shown in Annexes II and III in cases
where applications have been made.

5.
The Commission shall decide as quickly as possible to
what extent quantities may be awarded in respect of applica-
tions as referred to in Article 4.

If quantities in respect of which licences have been applied for
exceed the quantities available,
fix a
single percentage of acceptance for the quantities applied for.
Where this percentage is less than 5 %, the Commission may
decide not to award the quantities applied for; the securities
shall be released immediately.

the Commission shall

Operators may withdraw their licence applications within 10
working days following publication of the single percentage of
acceptance in the Official Journal of the European Union if appli-
cation of the percentage results in the fixing of a quantity less
than 20 tonnes shell egg equivalent. The Member States shall
inform the Commission thereof within five working days
following the withdrawal of the licence application and shall
release the security immediately.

The Commission shall calculate the quantity remaining, which
shall be added to the quantity available in respect of
the
following quarterly period of the annual quota period referred
to in Article 1.

Licences shall be issued as quickly as possible after the

6.
Commission has taken its decision.

Licences may only be used for products which comply

7.
with all veterinary provisions in force in the Community.

8. Member States shall notify the Commission, before the
end of the fourth month following each annual period referred
to in Article 1, of the total volume of products imported for
each of the groups pursuant to this Regulation during that
period.

All notifications, including ‘nil’ ones, shall be made using the
model in Annex IV.

Article 6

For the purposes of applying Article 23(2) of Regulation (EC)
No 1291/2000,
import licences shall be valid for 150 days
from the date of actual issue, but not beyond the end of the
period specified in Article 1.

Import licences issued pursuant to this Regulation shall not be
transferable.

Article 7

Without prejudice to the provisions of this Regulation, Regu-
lation (EC) No 1291/2000 shall apply.

However, Article 8(4) of that regulation notwithstanding, the
quantity imported in accordance with this 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.

Regulation (EC) No 1474/95 is repealed.

Article 8

References to the repealed regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex VI.

Article 9

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 30 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

(tonnes)

Group number

CN code

Duty applicable, EUR/tonne
product weight

Annual tariff quotas
(Article 1)

E1

E2

E3

0407 00 30

0408 11 80

0408 19 81

0408 19 89

0408 91 80

0408 99 80

3502 11 90

3502 19 90

152

711

310

331

687

176

617

83

135 000

7 000 (1)

15 500 (1)

(1) Shell egg equivalent. Conversion according to the rates of yield fixed in Annex 69 to Commission Regulation (EEC) No 2454/93 (OJ

L 253, 11.10.1993, p. 1).

ANNEX II

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ANNEX III

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ANNEX IV

ANNEX V

Repealed regulation with its successive amendments

Commission Regulation (EC) No 1474/95

(OJ L 145, 29.6.1995, p. 19)

Commission Regulation (EC) No 2916/95, only
Article 1(5) concerning Regulation (EC) No 1474/95

(OJ L 305, 19.12.1995, p. 49)

Commission Regulation (EC) No 573/96

Commission Regulation (EC) No 876/96

Commission Regulation (EC) No 937/96

Commission Regulation (EC) No 1102/96

Commission Regulation (EC) No 1219/96

Commission Regulation (EC) No 997/97, only Article
2 and Article 4(3)

Commission Regulation (EC) No 1242/97

Commission Regulation (EC) No 1514/97, only
Article 3 concerning Regulation (EC) No 1474/95

(OJ L 80, 30.3.1996, p. 54)

(OJ L 118, 15.5.1996, p. 17)

(OJ L 127, 25.5.1996, p. 26)

(OJ L 146, 20.6.1996, p. 30)

(OJ L 161, 29.6.1996, p. 55)

(OJ L 144, 4.6.1997, p. 11)

(OJ L 173, 1.7.1997, p. 77)

(OJ L 204, 31.7.1997, p. 16)

Commission Regulation (EC) No 1371/98

(OJ L 185, 30.6.1998, p. 17)

Commission Regulation (EC) No 1323/1999

(OJ L 157, 24.6.1999, p. 29)

Commission Regulation (EC) No 1356/2000

(OJ L 155, 28.6.2000, p. 36)

Commission Regulation (EC) No 1043/2001, only
Articles 3 and 5 concerning Regulation (EC) No 1474/
95

(OJ L 145, 31.5.2001, p. 24)

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ANNEX VI

Correlation table

Regulation (EC) No 1474/95

This Regulation

Articles 1 — 7

—

Article 8

Annexes I — IV

—

—

Articles 1 — 7

Article 8

Article 9

Annexes I — IV

Annex V

Annex VI