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 ( 1992 )
Date: 1991-07-12
Institutions: European Commission
Subjects: Malta, malt, tariff quota

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) 

~z-

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. 

- 3-
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) 

in  Malta,  may  be 

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 
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 

imported 

into 

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 
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 

Within  the  limits  of  this  tariff  quota,  the  Kingdom  of 
Spain  and  the  Portuguese  Republic  shall  apply  customs 
duties  calculated 
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 

the 

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. 

Amount 
of  quota 
(hi) 

Quota  duty 
(%) 

5 000 

Exemption 

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. 

-M 

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. 

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. 

If  a  Member  State  does  not  use  the  quantities  drawn,  it 
shall  return them  as soon  as possible  to the  tariff  quota. 

Article  5 

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. 

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 

9-

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 

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