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)
Date: 1993-10-04
Institutions: European Commission
Subjects: Malta, beer, malt, tariff quota

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 

C O U N C IL  REGULATION  (EEC)  No 

/ 93 

of 

opening  and  providing  for  the  administration  of  a  C o m m u n i ty  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 
in  particular  Article  113 
Economic  Community,  and 
thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

an 

between 

Whereas  the  Supplementary  Protocol  to  the  Agreement 
the  European 
establishing 
association 
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 
the 
the  product 
Member  States  until  the  quota  is  exhausted  ; 

in  question 

imports  of 

into  all 

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 
the  Member 
is  no  reasonable  obstacle  to  authorizing 
the  quota-volumes 
States  to  draw  from 
the  necessary 
imports  ;  whereas, 
quantities  corresponding 
to  actual 
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 
quota  may  be  carried  out  by  any  one  of  its  member.}. 

the  administration  of 

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 

CN  code 

Description 

Amount 
of  quota 
(hi) 

Quota  duty 

09.1451 

2203  00 

Beer  made  from  malt 

5  000 

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 

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. 

Each  Member  State  shall  ensure  that  importers  of  the 
product  concerned  have  equal  and  continuous  access  to 

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