COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 350 final 
Brussels, 13 July 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a 
Community tariff quota for beer made from malt 
originating in Malta (1990) 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. The Agreement between the European Economic Community an*. Vita as amended 
by the Complementary Protocol to the Agreement establishing an Association 
between the European Economic Community and the Republic of Malta provides 
for the opening of an annual Community tariff quota at zero duty for imports 
into the Community of 5,000 h I of beer made from malt falling within CN code 
no 2203 00 and originating in Malta. 
It is, therefore, appropiate to open the tariff quota in question for 
the period from 1 January to 31 December 1990. 
2. Within the limits of the tariff quota, Spain and Portugal will apply 
custcms duties calculated in accordance with the Protocol to the 
Agreement between the EEC and Malta consequent on the accession of 
Spain and Portugal. 
3^ Concerning the management of this quota it is proposed that the entire 
quota volume be held as a Oaninunity reserve to which all Member States 
will have access in accordance with the procedure provided for in 
Article 3 of the proposal for a Regulation. 
This is the purpose of the attached proposal 
ANNEX : Proposal for a Regulation 
Z 
Proposal for a 
COUNCIL REGULATION (EEC) No .. /89 
of 
opening and providing for the administration of a Community tariff quota for 
beer made from malt originating in Malta C1990) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 113 
thereof, 
Having regard to the proposal from the Commission, 
Whereas the Supplementary Protocol to the Agreement 
establishing an Association between the European 
Economic Community and Malta (') provides, in an 
Exchange of Letters annexed to the said Protocol, that 
beer made from malt falling within CN code 2203 00, 
originating in Malta, may be imported into the 
Community free of duty within the limits of an annual 
Community tariff quota of 5 000 hectolitres ; whereas the 
tariff quota in question should therefore be opened for 
the period from 1 January to 31 December 
1990. 
whereas in the context of the said quota, the 
Kingdom of Spain and the Portuguese Republic will 
apply customs duties calculated in accordance with the 
said Protocol to the Agreement establishing an 
Association between the European Economic Community 
and Malta consequent on the accession of the Kingdom 
of Spain and the Portuguese Republic to the 
Community (2) ; 
Wheres equal and continuous access to the quota should 
be ensured for all Community importers and the rates 
laid down for the quota should be applied consistently to all imports of the product in question into all the 
Member States until the quota is exhausted ; whereas it is 
whereas, it is appropriate to take the 
necessary measures to ensure efficient Community 
administration of this tariff quota while offering the 
Member States the opportunity to draw from the quota volune 
the necessary quantities corresponding to actual imports; 
whereas this method of adninistration requires close 
cooperation between the Member States and the Commission; 
Whereas, since the Kingdom of Belgium, the Kingdom of 
the Netherlands and the Grand Duchy of Luxembourg 
are united within and jointly represented by the Benelux 
Economic Union, any operation concerning the adminis­
tration of the quota 
may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION 
Article 1 
From 1 January to 31 December 1990, the customs duty 
applicable to imports into the Community of beer made 
from malt originating in Malta shall be suspended at the 
levels indicated below and within the limits of 
Community tariff quotas as shown below : 
Order No 
09.1451 CN code 
2203 00 Description 
Beer made from malt Amount 
of quota 
(hi) 
5.000 Quota duty 
(%) 
Exemption 
(') OJ No L 81, 23. 3. 1989, p. 2. 
(*) OJ No L 81. 23. 3. 1989, p. 11. 
X 
- c -
Within the limits of this tariff quota, the Kingdom of 
Spain and the Portuguese Republic shall apply customs 
duties calculated in accordance with the relevant 
provisions of the Protocol to the Association Agreement 
between the European Economic Community and Malta 
consequent on the accession of Spain and Portugal. 
Article 2 
The tariff quota referred to in Article 1 shall be 
administered by the Commission, which may take any 
appropriate measure with a view to ensuring the efficient 
administration thereof. 
Article 3 
If an importer presents, in a Member State, a declaration 
of entry into free circulation including a request for 
preferential benefit for a product covered by this 
Regulation, and if this declaration is accepted by the 
customs authorities, the Member State concerned shall 
draw, from the tariff quota, by means of notification to 
the Commission, a quantity corresponding to these needs. 
The requests for drawing, with the indication of the date 
of acceptance of the said declaration, must be 
communicated to the Commission without delay. 
The drawings are granted by the Commission on the basis 
of the date of acceptance of the declaration of entry into 
free circulation by the customs authorities of the Member 
State concerned, to the extent that the available balance 
so permits. 
If a Member State does not use the quantities drawn, it 
shall return them as soon as possible to the tariff quota. If the quantities requested are greater than the available 
balance of the tariff quota, allocation shall be made on a 
pro rata basis with respect to the requests. Member States 
shall be informed by the Commission of the drawings 
made. 
Article 4 
Each Member State shall ensure that importers 
of the product concerned have equal and con­
tinuous access to the quota for such time as 
the residual balance of the quota volume so 
permits . 
Article 5 
The Member States and the Commission shall cooperate 
closely to ensure that this Regulation is complied with. 
Article 6 
This Regulation shall enter into force on 
1st January 1990. 
It shall apply with effect from 1 April 1989. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
h 
FICHE FINANCIERE 
1. Ligne budgétaire concernée : Chap. 12 art.120 
2. Base juridique : art. 113 du traité 
3. 
4. 
5. Intitulé de la mesure tarifaire : Proposition de règlement du 
Conseil portant ouverture, et mode de gestion d'un contingent 
tarifaire communautaire de bières de malt, relevant du code 
NC 2203 00, originaires de Malte (1990). 
Objectif : Exécution d'une obligation contractuelle (Accord 
CEE/Malte). 
Mode de calcul : 
Codes NC 
Volume du contingent 
Droit à appliquer 
Droit de la NC. 
Prix 0 2203 00 
5 000 hl 
0% 
7,2% 
47,16 ECU/hl 
6. Perte de recettes : 
La perte de recettes à inscrire pour l'année 1990 s'élève à 
16 978 ECU. 
En 1989 une perte de 12 733 ECU a été inscrite. 
ç 
w 
FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI 
Cette proposition est formulée en conformité avec un engagement contractuel 
de la Communauté. L'impact découlant de cette concession a été pris en 
considération lors de la prise de décision d'adoption de ce contingent et 
il n'aura pas un caractère sérieux sur la compétitivité et l'emploi dans la 
Communauté. 
6 

Commission of the European Communities 
COM(89) 350 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of a Community tariff quota 
for beer made from mart originating in Malta (1990) 
(submitted to the Council by the Commission) 
13.7.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 6 pp. — Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-52045-0 
Catalogue number: CB-CO-89-315-EN-C 
ISSN 0254-1475 
COM(89) 350 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of 
a Community tariff quota for beer made from 
malt originating in Malta (1990) 
(submitted to the Council by the Commission) 
11 02 
Catalogue number: CB-CO-89-315-EN-C 
ISBN 92-77-52045-0 13.7.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES