Proposal for a COUNCIL REGULATION opening a Community tariff quota for barley for malting falling within CN code 1003 00

(presented by the Commission)

EXPLANATORY MEMORANDUM

An Agreement was signed with the United States of America, in the context of the conclusion of the GATT Article XXIV.6 negotiations, concerning EC's import regime for cereals and rice. According to the terms of that Agreement:

"The United States and the European Community agree that in the first quarter of 1996 and subsequently at the request of either party, the United States Government and the Commission of the European Communities shall review the functioning of the "representative price" system for cereals and rice. If it appears to either party that the functioning of the system is materially impeding trade flows between the parties, the Commission in consultation with the United States Government shall promptly examine the problems identified with a view to implementing appropriate solutions".

Such problems were identified for barley for malting in 1996, 1997, 1998, 1999 and 2000 and a tariff quota of 30 000 tonnes was opened for the period 1 June to 31 December 1996, and annual tariff quotas of 50 000 tonnes were opened for 1997, 1998, 1999 and 2000. The problems identified in 1996-2000 continue to persist, and it is therefore proposed to open an annual tariff quota of 50 000 tonnes for 2001 and 2002.

2001/0051 (ACC)

Proposal for a COUNCIL REGULATION opening a Community tariff quota for barley for malting falling within CN code 1003 00

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C, , p. .

Whereas:

(1) The Community has undertaken, in the conclusion of the GATT Article XXIV:6 negotiations, to examine problems identified if the functioning of the 'representative price' system for cereals appears to be impeding trade. Certain consignments of barley for malting have been subject to impediment.

(2) In order to remedy such impediment an annual Community tariff quota for barley for malting falling within CN code 1003 00 should be opened for 2001 and 2002.

(3) Detailed rules for the application of this Regulation should be adopted pursuant to Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals [2].

[2] OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

HAS ADOPTED THIS REGULATION:

Article 1

1. An annual Community tariff quota of 50 000 tonnes is hereby opened for 2001 and 2002 for high graded barley falling within CN code 1003 00 and intended for the production of malt to be used for the manufacture of certain beer aged in tanks containing beechwood.

2. The common customs tariff duty applicable to the quota shall be 50% of the full rate of duty in force, without the abatement applied on imports of barley for malting, on the day of import.

Article 2

The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, and in particular:

i) provisions to guarantee the quality of the barley and, if necessary, provisions concerning recognition of documents enabling this guarantee to be verified;

ii) provisions to verify that the barley is used for the production of malt for the manufacture of beer in tanks containing beechwood.

Article 3

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2001.

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

Done at Brussels,

For the Council

The President

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