31986R0618

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 tas shall be fixed, in accordance with the procedure Having regard to Council Regulation ( EEC) laid down in Article 3(1 ), at least in respect of each No 3797 / 85 of 20 December 1985 laying down detailed year of the second stage, taking into account in parti­ rules concerning quantitative restrictions on imports 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 1 . The Portuguese Republic may, until 31 December quantitative restrictions in respect of the products in 1987, maintain a quantitative restriction on imports question ; whereas the criteria specified in Article 1 of from third countries of eggs in shell falling within sub­ Regulation ( EEC) No 3797/ 85 in respect of the prod­ heading 04.05 A I b) of the Common Customs Tariff. ucts referred to in Annex II of that Regulation are suit­ 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 crimination between economic operators . Whereas Article 1 (2) of Regulation ( EEC) No 3797 /85 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 Article 2 the Community as constituted at 31 December 1985 ; 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 .

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 .

Article3¶

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

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