COMMISSION OF THE EUROPEAN COIVMUNITIES 
C0M(91) 251 final 
Brussels, 12 July 1991 
Proposal for a 
milNiriL REGULATION fEEC) 
opening and providing for the administration af a Community 
tariff quota for beer made from malt, originating in 
Malta (1992) 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. The Agreement between the European Economic Community and Malta 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 hi of beer made from malt falling within CN 
code no 2203 00 and originating in Malta. 
It is, therefore, appropriate to open the tariff quota in question 
for the period from 1 January to 31 December 1992. 
2. Within the limits of the tariff quota, Spain and Portugal will 
apply customs 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 Community 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. 
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Proposal for a 
COUNCIL REGULATION (EEC) No /91 
of 
opening and providing for die administration of a Community tariff quota for 
beer made from malt originating in Malta (199 2) 
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 unnunl 
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 1992 ; 
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) ; 
Whereas 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 
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 volume the necessary quantities corres­
ponding to actual imports ; whereas this method of 
administration requires close cooperation between the 
Member States and the Commission ; 
Whereas since the Kingdom of Belgium, the Netherlands 
and the Grand Duchy of Luxembourg are united within 
and jointly represented by the Benelux économie Union, 
any operation concerning the administration 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 1992 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 
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. 
(') OJ No L 81, 23. 3. 1989, p. 2. 
0 OJ No L 81, 23. 3. 1989, p. 11. 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. 
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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 continuous 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 1 January 1992. 
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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FICHE FINANCIERE 
1. LIone budgétaire concerné : Chap. 12 art. 120 
2. Base lurid loue : art. 113 du traité. 
3. 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 (1992). 
4. Objectif : Exécution d'une obligation contractuelle (Accord 
CEE/Malte). 
5. Mode de calcul : 
Codes NC : 2203 00 
Volurne.du contingent : 5 000 h 
Droit à appliquer : 0 X 
Droit de la NC : 7,2 % 
Prix 0 : 51,70 ECU/hI 
6. Perte de recettes : 
La perte de recettes à inscrire pour l'année 1992 s'élève à 18.612 
ECU. 
En 1991 une perte de 15.606 ECU a été inscrite. 
(Prix 0 43,35 ECU/hl). 

ISSN 0254-1475 
COM(91) 251 final 
DOCUMENTS 
EN 02 
Catalogue number : CB-CO-91-297-EN-C 
ISBN 92-77-73982-7 
Office for Official Publications of the European Communities 
L^2985 Luxembourg