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 )
Date: 1989-07-13
Institutions: European Commission
Subjects: Malta, malt, tariff quota

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, 

all  imports  of  the  product 
into  all  the 
Member  States  until  the  quota  is exhausted ; whereas  it is 

in  question 

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 
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. 

in  Malta,  may  be 

imported 

into 

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 
establishing  an 
Association  between  the  European  Economic  Community 
and  Malta  consequent  on  the  accession  of  the  Kingdom 
of  Spain 
the 
and 
Community (2) ; 

the  Portuguese  Republic 

the  Agreement 

to 

to 

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 

it 

whereas, 
necessary  measures  to  ensure  efficient  Community 
administration  of  this  t a r i ff  quota  while  offering  the 

is  a p p r o p r i a te  to  take  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 
limits  of 
the 
Community  tariff  quotas  as  shown  below : 

indicated  below  and  within 

Order  No 

CN  code 

Description 

09.1451 

2203 00 

Beer  made  from  malt 

Amount 
of  quota 
(hi) 

Quota  duty 
(%) 

5.000 

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 
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. 

in  accordance  with 

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 

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 
for  a  product  covered  by  this 
preferential  benefit 
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 
said  declaration,  must  be 
communicated  to  the  Commission  without  delay. 

the 

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. 

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. 

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). 

4. 

Objectif : Exécution d'une obligation contractuelle (Accord 
CEE/Malte). 

5. 

Mode de calcul : 

Codes NC 
Volume du contingent 
Droit à appliquer 
Droit de la NC. 

2203 00 

5 000 hl 
0% 
7,2% 

Prix 0 

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 

COM(89)  350  final 

ISSN 0254-1475 

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 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

13.7.1989