COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 463 final 
Brussels, 4 October 1993 
Proposal for a 
^niiKir.iL REGUIATION (EEC) 
opening and providing for the administration af a Community 
tariff quota for beer made from malt, originating in 
Malta (1994) 
(presented by the Commission) 
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 1994. 
2. 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. 
Annex: Proposal for a Regulation 
3 
Proposal for 
COUNCIL REGULATION (EEC) No 
of /93 
opening and providing for the administration of a Community tariff quota for 
beer made from malt originating in Malta (1994) 
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, origina­
ting 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 1994 ; 
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, the decision for the opening of tariff quotas 
should be taken by the Community in the execution of its international obligations ; whereas, to ensure the effi­
ciency of a common administration of these quotas, there 
is no reasonable obstacle to authorizing the Member 
States to draw from the quota-volumes the necessary 
quantities corresponding to actual imports ; whereas, 
however, this method af administration requires close 
cooperation between the Member States and the Commis­
sion 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 Netherlands 
and the Grand Duchy of Luxembourg are united within 
and jointly represented by the Benelux Economic Union, 
any operation concerning the administration of the 
quota may be carried out by any one of its member.}. 
HAS ADOPTED THIS REGULATION : 
Article 1 
From 1 January to 31 December 1994, 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 Commu­
nity 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 
Article 2 
The tariff quota referred to in Article 1 shall be adminis­
tered by the Commission, which may take any appro­
priate measure with a view to ensuring the efficient admi­
nistration thereof. rential benefit for a product covered by this Regulation, 
and if this declaration is accepted by the customs authori­
ties, the Member State concerned shall draw, from the 
tariff quota, by means of notification to the Commission, 
a quantity corresponding to these needs. 
Article 3 
If an importer presents, in a Member State, a declaration 
of entry into free circulation including a request for prefe-
(•) OJ No L 81, 23. 3. 1989, p. 2. The requests for drawing, with the indication of the date 
of acceptance of the said declaration, must be communi­
cated 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 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. 
Artulc 6 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply with effect from I January 1994 
This Regulation shall be binding in its entirety and directly applicable in alt Member 
States. 
Done at 
For the Council 
The President 
FINANCIAL RECORD 
1. Budget Une concerned : Chap. 12 Art. 120 
2. Legal basis : Art. 113 of the Treaty 
3. Title of the tariff measure concerned : Proposal for a Council 
Regulation (EEC) opening and providing for the administration af a 
Community tariff quota for beer made from malt, originating in 
Malta (1994) 
4. Object ive : Execution of a contractual obligation (EEC/Malta 
Agreement) 
5. Method of calculation : 
CCT heading 
Volume of the quota 
Duty to be appi ied 
Normal CCT duty 2203 00 
5 000 hi 
0 % 
7.2 % 
Price 0 : 50 ECU/h I 
6. Duty-loss 
Duty-loss for 1994 stands at 18 000 ECU 
In 1993, the loss stood at 19 548 ECU (Price 0 : 54.30 ECU/hl) 
6 
L'SSN 0254-1475 
COM(93) 463 final 
DOCUMENTS 
EN il 02 
Catalogue number : CB-CO-93-508-EN-C 
ISBN 92-77-59616-3 
Office for Official Publications of the European Communities 
1^2985 Luxembourg