CELEX: 51996EC2497
Language: en
Date: 2007-01-31
Title: Draft Commission Regulation (EC) No …/… of […] laying down procedures for applying in the poultrymeat sector the arrangements provided for in the Association Agreement between the European Community and the State of Israel (codified version)

EN
|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2006)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

  laying down procedures for applying in the poultrymeat sector the arrangements provided for in the Association Agreement between the European
                                                        Community and the State of Israel

                                                                (Codified version)

                                            ê 2497/96 (adapted)

                                                                      Draft

                                                          COMMISSION REGULATION (EC) No

                                                                        of

  laying down procedures for applying in the poultrymeat sector the arrangements provided for in the Association Agreement between the European
                                                        Community and the State of Israel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Ö Having regard to Council Decision 2003/917/EC of 22 December 2003 on the conclusion of an Agreement in the  form  of  an  Exchange  of  Letters
between the European Community and the State of Israel concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 2  to
the EC-Israel Association Agreement[1], and in particular Article 2 thereof, Õ

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975  on  the  common  organization  of  the  market  poultrymeat[2],  and  in
particular Article 15 thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EC) No 2497/96 of 18 December 1996 laying down procedures for applying in the poultrymeat  sector  the  arrangements
      provided for in the Association Agreement and the Interim Agreement between the European Community and the  State  of  Israel[3]  has  been
      substantially amended several times[4]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 361/2004 Recital 1

   2) Decision 2003/917/EC provides for a greater liberalisation of trade in agricultural products within the Association Agreement  between  the
      EC and Israel, replaces Protocols 1 and 2 to the Association Agreement, and in particular extends concessions for trade in poultrymeat.

                                            ê 2497/96 Recital 2 (adapted)

   3) Provision should be made for the administration of the said Ö concessions Õ to be by means of import licences. To that end, notwithstanding
      Article 8 of Commission Regulation (EC) No Ö 1291/2000 of 9 June 2000 Õ laying down common detailed rules for the application of the system
      of import and export licences and  advance-fixing  certificates  for  agricultural  products[5],  detailed  rules  for  submission  of  the
      applications and the particulars which should appear in applications and licences should be laid down. In  addition,  provision  should  be
      made for licences to be issued after a period of consideration, applying, where necessary, a single acceptance rate.

                                            ê 2497/96 Recital 3 (adapted)

   4) In order to ensure regular imports, the quantities laid down in this Regulation should be staggered over the year.

                                            ê 2497/96 Recital 5 (adapted)

   5) In order to ensure proper administration of the system, the security for import licences under the said system should be fixed  at  Ö EUR Õ
      20 per 100 kilograms. In view of the likelihood of speculation inherent in  the  system  in  the  poultrymeat  sector,  precise  conditions
      governing access by traders to the said system should be laid down.

                                            ê 2497/96 Recital 6

   6) 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.

                                            ê 2497/96 Recital 7

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

                                            ê 2497/96

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

                                            ê 361/2004 Art. 1 pt. 1

All imports into the Community under the arrangements provided for in Protocol 1 to the Association Agreement between the  Community  and  Israel
of products in groups IL1 and IL2 referred to in Annex I to this Regulation shall be subject to the presentation of an import licence.

                                            ê 2497/96

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

The rate or reduction in the customs duty shall be that provided for in Article 2 for the period for which a licence is requested.

                                                                    Article 2

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

                                            ê 2497/96 (adapted)

     – 25 % in the period Ö from Õ 1 January to 31 March,

     – 25 % in the period Ö from Õ 1 April to 30 June,

     – 25 % in the period Ö from Õ 1 July to 30 September,

     – 25 % in the period Ö from Õ 1 October to 31 December.

                                            ê 2497/96

                                                                    Article 3

The import licences provided for in Article 1 shall be subject to the following rules:

                                            ê 2497/96 (adapted)

(a)   applicants for import licences Ö shall Õ be natural or legal persons who, at  the  time  applications  are  submitted,  can  prove  to  the
       satisfaction of the competent authorities of the Member States that they have imported or exported not less than  50  tonnes  of  products
       falling 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 establishments or restaurants selling their products to final consumers are excluded from the benefits of this system;

                                            ê 2497/96

(b)   the licence application may involve several products covered by different CN codes. In such cases, all the CN codes shall be  indicated  in
       section 16 and their description in section 15.

                                            ê 2497/96 (adapted)

      A licence application Ö shall Õ relate to at least one tonne and to a maximum of 10 % of the quantity available  for  the  group  concerned
       and the period as specified in Article 2;

                                            ê 2497/96

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

(d)   section 20 of licence applications and licences shall show one of the following:

                                            ê 2497/96 (adapted)

      Reglamento (CE) no Ö (…/…) Õ

      Forordning (EF) nr. Ö (…/…) Õ

      Verordnung (EG) Nr. Ö (…/…) Õ

      Κανονισμός (ΕΚ) αριθ. Ö (…/…) Õ

      Regulation (EC) No Ö (…/…) Õ

      Règlement (CE) no Ö (…/…) Õ

      Regolamento (CE) n. Ö (…/…) Õ

      Verordening (EG) nr. Ö (…/…) Õ

      Regulamento (CE) n.o Ö (…/…) Õ

      Asetus (EY) N:o Ö (…/…) Õ

      Förordning (EG) nr Ö (…/…) Õ

                                            ê 2497/96

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

                                            ê 2497/96 (adapted)

      Ö Reducción del derecho AAC según lo establecido en el Õ Reglamento (CE) no Ö (…/…) Õ

      Ö Nedsat told, jf Õ Forordning (EF) nr. Ö (…/…) Õ

      Ö Ermäßigung des Zollsatzes nach dem GZT gemäß Õ Verordnung (EG) Nr. Ö (…/…) Õ

      Ö Μείωση του δασμού του κοινού δασμολογίου όπως προβλέπεται στον Õ Κανονισμό (ΕΚ) αριθ. Ö (…/…) Õ

      Ö CCT duties reduced as provided for in Õ Regulation (EC) No Ö (…/…) Õ

      Ö Réduction du droit du tarif douanier commun comme prévu au Õ Règlement Ö (…/…) Õ

      Ö Riduzione del dazio della TDC a norma del Õ Regolamento (CE) n. Ö (…/…) Õ

      Ö Douanerecht verlaagd overeenkomstig Õ Verordening (EG) nr. Ö (…/…) Õ

      Ö Direito aduaneiro reduzido em aplicação do Õ Regulamento (CE) n.o Ö (…/…) Õ

      Ö Yhteisen tullitariffin mukaisen tullin alentaminen seuraavien asetusten mukaisesti Õ Asetus (EY) N:o Ö (…/…) Õ

      Ö Nedsättning av GTT-tullen i enlighet med Õ Förordning (EG) nr Ö (…/…) Õ.

                                            ê 2497/96

                                                                    Article 4

                                            ê 1043/2001 Art. 1(a)

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

                                            ê 1722/2006 Art.2

However, for the period from 1 January to 31 March 2007, licence applications shall be lodged during the first 15 days of January 2007.

                                            ê 1514/97 Art. 1 (adapted)

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

                                            ê 1514/97 Art. 1

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

                                            ê 2497/96 (adapted)

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

                                            ê 2497/96

4. The Member States shall notify the Commission on 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.

                                            ê 2497/96 (adapted)

All notifications, including nil returns, shall be made by telex or fax on the working day stipulated, using the  model  in  Annex  II  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.

                                            ê 2497/96

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

6. Licences shall be issued as quickly as possible after the Commission has taken its decision.

7. Licences may be used only for products complying with all the veterinary requirements in force in the Community.

                                            ê 1043/2001 Art. 1(b)

8. Member States shall notify the Commission, before the end of the fourth month following each annual period specified in Annex I, of the  total
volume of products imported for each of the groups under this Regulation during that period.

                                            ê 1043/2001 Art. 1(b) (adapted)

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

                                            ê 2497/96 (adapted)
                                            è1 1043/2001 Art. 1(c)

                                                                    Article 5

For the purposes of Article Ö 23 Õ(2) of Regulation (EEC) No Ö 1291/2000 Õ, import licences shall be valid for 150 days from the date  of  actual
issue.è1 However, the validity of licences shall not extend beyond the end of the last period of the year referred to in Article 2  for  which  a
licence has been issued. ç

                                            ê 2497/96

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

                                            ê 2497/96 (adapted)

                                                                    Article 6

Without prejudice to the provisions of this Regulation, Regulation (EC) No Ö 1291/2000 Õ shall apply.

However, notwithstanding Article 8(4) of Regulation (EC) No Ö 1291/2000 Õ, the quantity imported under 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 licences.

                                                                    Article 7

The imported products shall be placed in free circulation on presentation of a movement certificate EUR 1  issued  by  the  State  of  Israel  in
accordance with Protocol 3 annexed to the Ö EC-Israel Õ Association Agreement.

                                            ê 

                                                                    Article 8

Regulation (EC) No 2497/96 is repealed.

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.

                                            ê 2497/96 Art. 8 (adapted)

                                                                    Article 9

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

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 361/2004 Art. 1 pt. 4 and Annex (adapted)

                                                                     ANNEX I

|Group number|Order number |CN Code          |Description1        |Reduction of   |
|            |             |                 |                    |the MFN customs|
|            |             |                 |                    |duty 2         |
|            |             |                 |                    |(%)            |
|                                                                    |                                                                    |
|Commission Regulation (EC) No 1514/97                                |Only as regards the reference to Regulation (EC) No 2497/96 in|
|(OJ L 204, 31.7.1997, p. 16)                                         |Article 1                                                     |
|Commission Regulation (EC) No 1043/2001                              |Only as regards the reference to Regulation (EC) No 2497/96 in|
|(OJ L 145, 31.5.2001, p. 24)                                         |Articles 1 and 5                                              |
|Commission Regulation (EC) No 361/2004                               |                                                              |
|(OJ L 63, 28.2.2004, p. 15)                                          |                                                              |
|Commission Regulation (EC) No 1722/2006                              |Only Article 2                                                |
|(OJ L 322, 22.11.2006, p. 3)                                         |                                                              |

                                                                __________________

                                                                     ANNEX VI

                                                                Correlation table

|Regulation (EC) No 2497/96                                          |This Regulation                                                     |
|Article 1                                                           |Article 1                                                           |
|Article 2 first paragraph                                           |Article 2                                                           |
|Article 2 second paragraph                                          |_                                                                   |
|Article 3                                                           |Article 3                                                           |
|Article 4(1) first subparagraph                                     |Article 4(1)                                                        |
|Article 4(1) second subparagraph                                    |_                                                                   |
|Article 4(2) to (8)                                                 |Article 4(2) to (8)                                                 |
|Articles 5, 6 and 7                                                 |Articles 5, 6 and 7                                                 |
|_                                                                   |Article 8                                                           |
|Article 8                                                           |Article 9                                                           |
|Annexes I to IV                                                     |Annexes I to IV                                                     |
|_                                                                   |Annex V                                                             |
|_                                                                   |Annex VI                                                            |

                                                               ___________________

                                                             -----------------------
[1]   OJ L 346, 31.12.2003, p. 65.
[2]   OJ L 282, 1.11.1975, p. 88. Ö Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). Õ
[3]   OJ L 338, 28.12.1996, p. 48. Regulation as last amended by Regulation (EC) No 361/2004 (OJ L 63, 28.2.2004, p. 15).
[4]   See Annex V.
[5]   OJ No L 331, 2.12.1988, p. 1. Ö OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 636/2004 (OJ L  100,  6.4.2004,
      p. 25). Õ