CELEX: 31986R0618
Language: en
Date: 1986-02-28 00:00:00
Title: Commission Regulation (EEC) No 618/86 of 28 February 1986 fixing, for 1986, the initial quotas for imports into Portugal of certain egg and poultrymeat products from third countries and certain detailed rules for the application thereof

No L 58 /48                                 Official Journal of the European Communities                                   1.3 . 86
                                           COMMISSION REGULATION (EEC) No 618/86
                                                           of 28 February 1986
                  fixing, for 1986, the initial quotas for imports into Portugal of certain egg and
                  poultrymeat products from third countries and certain detailed rules for the application
                                                                  thereof
 THE COMMISSION OF THE EUROPEAN
                                                                         case of chicks and eggs for hatching, while the second
 COMMUNITIES ,
                                                                         should be applied for the other products ;
Having regard to the Treaty establishing the European                    Whereas to ensure proper management of the quotas,
Community,                                                               applications for import authorizations should be sub­
                                                                        ject to the lodging of a security ;
Having regard to the Act of Accession of Spain and
Portugal , and in particular Articles 257 ( 1 ) thereof,                 Whereas Article 1 (3) of Regulation (EEC) No 3797/85
                                                                         provides that the minimum rate of increase of the quo­
Having regard to Council Regulation ( EEC)                               tas shall be fixed, in accordance with the procedure
No 3797 / 85 of 20 December 1985 laying down detailed                    laid down in Article 3(1 ), at least in respect of each
rules concerning quantitative restrictions on imports                    year of the second stage, taking into account in parti­
                                                                         cular the patterns of trade and the state of bilateral or
into Portugal from third countries of certain agricul­                   multilateral negotiations ;
tural products subject to the system of transition by
stages ('), in particular Article 3(1 ) thereof,
                                                                         Whereas provisions should be made for Portugal to
                                                                        communicate information to the Commission on the
Whereas, as a result of an error of substance, the correc­
                                                                        application of the quotas ;
tion of which is being considered, the Act of Accession
does not provide for the application of quantitative res­
trictions on imports into Portugal of products falling                   Whereas the measures provided for in this Regulation
within Common Customs Tariff subheading 04.05 A I                       are in accordance with the opinion of the Management
b) from third countries ; whereas, given that the imports               Committee for Poultrymeat and Eggs,
in question were prohibited under the system in force
in Portugal before 1 March 1986, such restrictions are
necessary in order to arrive smoothly and gradually at
                                                                         HAS ADOPTED THIS REGULATION :
the introduction, at the beginning of the second stage,
of the arrangements which are provided for in the mar­
ket organization concerned and which are based on the
principle of the freedom to import ; whereas, pending                                             Article 1
the correction referred to above, the transitional
measures should therefore include the application of
quantitative restrictions in respect of the products in                   1 . The Portuguese Republic may, until 31 December
question ; whereas the criteria specified in Article 1 of                 1987, maintain a quantitative restriction on imports
 Regulation ( EEC) No 3797/ 85 in respect of the prod­                   from third countries of eggs in shell falling within sub­
ucts referred to in Annex II of that Regulation are suit­                heading 04.05 A I b) of the Common Customs Tariff.
able for calculating the volume of the said quantitative
restrictions ;                                                           2 . The quantitative restriction referred to in paragraph
                                                                          1 shall consist of an annual quota opened without dis­
Whereas Article 1 (2) of Regulation ( EEC) No 3797 /85                   crimination between economic operators .
provides that, in respect of the products referred to in
Annex II of the Regulation , the initial quota for 1986                  3 . The provisions of Article 1 (4) and (5) and Article 2
for each product shall be fixed at the average of                        of Regulation ( EEC) No 3797/85 shall apply to the
 Portuguese imports in the three years preceding acces­                  quota provided for in this Article.
sion for which statistics are available or, should the
effect of this provision be the establishment of an ini­
tial quota of zero, the quota shall be not less than 10 %
of the initial quota fixed for the same products from
the Community as constituted at 31 December 1985 ;                                                Article 2
 whereas, in the light of the information at present avail­
 able, the first of these criteria should be applied in the               1 . The initial quotas that Portugal may apply, pur­
                                                                         suant to Article 1 of this Regulation and Article 280 of
                                                                         the Act of Accession, to imports of certain egg and
                                                                         poultrymeat products from third countries shall be as
 (i)  OJ No L 367, 31 . 12 . 1985, p. 23 .                               shown in the Annex hereto .
 ---pagebreak--- 1,3.86                                 Official Journal of the European Communities                            No L 58 / 49
2.   For the period 1 March to 31 December 1986, the              The increase shall be added to each quota and the sub­
quotas shall be reduced by one-sixth .                            sequent increase shall be calculated on the basis of the
                                                                  total figure obtained .
                           Article 3                                                         Article 5
1 . The Portuguese authorities shall issue import                  1 . The Portuguese authorities shall communicate to
authorizations so as to ensure a fair allocation of the           the Commission the measures which they adopt for the
available quantity between the applicants .                       application of Article 3 .
2. Applications for import authorizations shall be                2. They shall transmit, not later than the 15th of each
subject to the lodging of a security, which shall be               month, the following information on each of the prod­
released      under  the    conditions   defined    by   the       ucts in respect of which import authorizations have
Portuguese authorities once the goods have been effec­             been issued in the preceding month :
tively imported .                                                 — the quantities covered by the import authorizations
                                                                       issued, by country of provenance,
                                                                   — the quantities imported, by country of provenance .
                           Article 4
                                                                                             Article 6
The minimum rate of progressive increase of the quotas
shall be 10% at the beginning of each year during the
first stage .                                                      This Regulation shall enter into force on 1 March 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 28 February 1986 .
                                                                               For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
 ---pagebreak--- No L 58 / 50                          Official Journal of the European Communities                                       1.3 . 86
                                                             ANNEX
             CCT heading No                             Description                               Initial quota for 1986
                 01.05      Live poultry, that is to say, fowl , ducks geese , turkeys , and gui­
                            nea fowls :                                                               (1 000 units)
                            A. Of a weight not exceeding 185 g (known as ' chicks '):
                                ex I. Turkeys and geese :
                                        — Turkeys                                                            29
                                ex 11 . Other :
                                        — Fowls                                                              22
                 04.05      Birds ' eggs and egg yolks , fresh , dried or otherwise preserved ,
                            sweetened or not :
                            A. Eggs in shell , fresh or preserved :
                                I. Poultry eggs :
                                     a) Eggs for hatching :
                                         ex 1 . Of turkeys or geese :
                                                — Of turkeys                                                 12
                                         ex 2 . Other :
                                                — Of fowls                                                   10
                            ||                                                                           (tonnes )
                                     b) Other                                                               133