COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 561 final 
Brussels, 26 November 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of Community 
tariff quotas for certain mixtures of malt sprouts and barley 
screenings 
(presented by the Commission) 
-&-
EXPLANATORY MEMORANDUM 
The purpose of this proposal for a Regulation is to renew, for 
1994, the measure which concerns the importation, into the 
Community, of certain mixtures of malt sprouts and residues 
from the sifting of barley, within the limits of duty-free 
Community tariff quotas, and which is due to expire on 31 
December 1993. 
Proposal for a 
COUNCIL REGULATION (EEC) 
opening and providing for the administration of Community 
tariff quotas for certain mixtures of 
malt sprouts and barley screenings 
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, pursuant to Council Regulations (EEC) Nos 470/93 (1) 
and 992/93 (2), the Council suspended, for the period 1 
January to 31 December 1993, customs duties on the products 
referred to in Article 1 of this Regulation within the limits 
of Community tariff quotas for a total of 120 000 tons; 
Whereas it is appropriate to open, for the period 1 January to 
31 December 1994, Community tariff quotas, for a total of 
120 000 tons, for these products; 
Whereas it is necessary, in particular, to ensure for all 
Community importers equal and uninterrupted access to the said 
quotas and to guarantee the uninterrupted application of the 
exoneration from collection of the duties to all imports of 
the products concerned into all Member States until the quota 
has been used up; 
(1) O.J. No L 50 of 2.3.1993, p. 1 
(2) O.J. No L 104 Of 29.4.1993, p. 2 
4-
Whereas the decision to open autonomous tariff quotas should 
be taken by the Community; whereas, to ensure the efficiency 
of a common administration of these quotas, there is, however, 
no obstacle to authorizing the Member States to draw from the 
quota-volumes the necessary quantities corresponding to actual 
imports; whereas this method of administration nevertheless 
requires close cooperation between the Member States and the 
Commission and the latter must in particular be able to 
monitor the rate at which the quotas are used up and inform 
the Member States accordingly; 
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, all transactions concerning the administration of the 
quotas may be carried out by any one of its members, 
HAS ADOPTED THIS REGULATION: 
Article 1 
From 1 January until 31 December 1994, the customs duties and 
the agricultural levies applicable to imports of the products 
listed below shall be suspended, within the limits of the 
Community tariff quotas shown below: 
-s 
(in tonnes) 
Order no CN code (a) Description Amount of 
quota 
09.2903 ex 2309 90 31 Preparation consisting of a 100 000 
mixture of malt sprouts and of 
barley screenings before the 
malting process (possibly including 
other seeds) with barley cleanings 
after the malting process, and 
containing by weight 15,5% or more 
of protein 
ex 2309 90 41 Preparation consisting of a 
mixture of malt sprouts and of 
barley screenings before the 
malting process (possibly including 
other seeds) with barley cleanings 
after the malting process, and 
containing by weight 15,5% or more 
of protein and not more than 23 % of 
starch 
09.2905 ex 2309 90 31 Preparation consisting of a 20 000 
mixture of malt sprouts and of 
barley screenings before the 
malting process (possibly including 
other seeds) with barley cleanings 
after the malting process, and 
containing by weight 12,5% or more 
of protein 
ex 2309 90 41 Preparation consisting of a 
mixture of malt sprouts and of 
barley screenings before the 
malting process (possibly including 
other seeds) with barley cleanings 
after the malting process, and 
containing by weight 12,5% or more 
of protein and not more than 28% 
of starch 
(a) See Taric codes in the Annex. 
- G 
Article 2 
The tariff quotas referred to in Article 1 shall be managed by 
the Commission, which may take any appropriate administrative 
measures to ensure that they are managed efficiently. 
Article 3 
Where an importer presents a product covered by Article 1 for 
release for free circulation in a Member State, applying to 
take advantage of the preferential arrangements, and the entry 
is accepted by the customs authorities, the Member State 
concerned shall, by notifying the Commission, draw an amount 
corresponding to its requirements from the appropriate quota 
volume. 
Requests for drawings, indicating the date on which the 
entries for release for free circulation were accepted, must 
be sent to the Commission without delay. 
Drawings shall be granted by the Commission in chronological 
order of the dates on which the customs authorities of the 
Member States concerned accepted the entries for release for 
free circulation, to the extent that the available balance so 
permits. 
If a Member State does not use a drawing in full, it shall 
return any unused portion to the corresponding quota volume as 
soon as possible. 
If the quantities requested are greater than the available 
balance of the quota volume, the balance shall be allocated 
among applicants pro rata. The Commission shall inform the 
Member States of the drawings made. 
-*-
Article 4 
Each Member State shall ensure that importers of the products 
listed in Article 1 have equal and continuous access to the 
quotas for as long as the balance of the quota-volume so 
permits. 
Article 5 
The Member States and the Commission shall cooperate closely 
to ensure that Articles 1 to 4 of this Regulation are complied 
with. 
Article 6 
This Regulation shall enter into force on 1 January 1994. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
The President 
-8-
ANNEX 
Tarie Code 
Order No CN code Taric code 
09.2903 ex 2309 90 31 *10 
ex 2309 90 41 *40 
09.2905 ex 2309 90 31 *15 
ex 2309 90 41 *50 
-<5-
FINANCIAL RECORD 
1. Budget line concerned: Chap. 10 art. 100 
2. Title of the tariff measure concerned 
Proposal for a Council Regulation opening and providing 
for the administration of Community tariff quotas for 
certain mixtures of malt sprouts and barley screenings 
3. Legal basis: Art. 113 of the Treaty 
4. Objective: 
Opening duty-free tariff quotas for the above products 
5. Cost of this measure: 
On the basis of the available information, the cost of 
this operation is expected to be of the order of 
9 000 000 ECU. 
Ai£> 
ISSN 0254-1475 
COM(93) 561 final 
DOCUMENTS 
EN 03 02 
Catalogue number : CB-CO-93-597-EN-C 
ISBN 92-77-61071-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg