Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration of Community tariff quotas for certain mixtures of malt sprouts and barley screenings
Date: 1993-11-26
Institutions: European Commission
Subjects: agricultural levy, barley, malt, suspension of customs duties, tariff quota

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(93)  561  f i n al 

Brussels,  26  November  1993 

Proposal 

for  a 

COUNCIL  REGULATION  (EEC) 

opening  and  providing  for  the  administration  of  Community 
t a r i ff  quotas  for  c e r t a in  mixtures  of  malt  sprouts  and  barley 
screenings 

(presented  by  the  Commission) 

- &-

EXPLANATORY  MEMORANDUM 

The purpose of this proposal  for a Regulation  is to renew, for 
1994, the measure which concerns the importation,  into the 
Community, of certain mixtures of malt sprouts and  residues 
from the sifting of barley, within the  limits of duty-free 
Community  tariff quotas, and which  is due to expire on 31 
December 1993. 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

opening and providing  for the administration  of Community 
tariff quotas for certain mixtures of 
malt sprouts and barley  screenings 

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, pursuant to Council Regulations  (EEC) Nos 470/93  (1) 
and 992/93  (2), the Council suspended,  for the period  1 
January to 31 December  1993, customs duties on the products 
referred to  in Article  1 of this Regulation within the  limits 
of Community  tariff quotas for a total of  120 000 tons; 

Whereas  it is appropriate to open, for the period  1 January to 
31 December  1994, Community  tariff quotas, for a total of 
120 000 tons,  for these products; 

Whereas  it is necessary,  in particular, to ensure  for all 
Community  importers equal and uninterrupted  access to the said 
quotas and to guarantee the uninterrupted  application of the 
exoneration  from collection of the duties to all  imports of 
the products concerned  into all Member States until the quota 
has been used up; 

(1) O.J. No L 50 of 2.3.1993, p. 1 
(2) O.J. No L 104 Of 29.4.1993, p. 2 

4-

Whereas the decision to open autonomous tariff quotas  should 
be taken by the Community; whereas, to ensure the  efficiency 
of a common administration of these quotas, there  is, however, 
no obstacle to authorizing the Member States to draw  from the 
quota-volumes the necessary quantities corresponding  to actual 
imports; whereas this method of administration  nevertheless 
requires close cooperation between the Member  States and the 
Commission 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 Kingdom  of the 
Netherlands and the Grand Duchy of Luxembourg  are united 
within, and  jointly represented  by, the Benelux  Economic 
Union, all transactions concerning  the administration  of the 
quotas may be carried out by any one of  its members, 

HAS ADOPTED THIS REGULATION: 

Article 1 

From  1 January until 31 December  1994, the customs duties and 
the agricultural  levies applicable to imports of the products 
listed below shall be suspended, within the  limits of the 
Community tariff quotas shown below: 

-s 

Order no 

CN code  (a) 

Description 

(in tonnes) 

Amount of 
quota 

09.2903 

ex 2309 90 31  Preparation consisting  of a 

100 000 

mixture of malt sprouts and of 
barley screenings before the 
malting process  (possibly  including 
other seeds) with barley  cleanings 
after the malting process, and 
containing by weight  15,5% or more 
of protein 

ex 2309 90 41  Preparation consisting  of a 

mixture of malt sprouts and of 
barley  screenings before the 
malting process  (possibly  including 
other seeds) with barley  cleanings 
after the malting process, and 
containing by weight  15,5% or more 
of protein and not more than  23 % of 
starch 

09.2905 

ex 2309 90 31  Preparation consisting  of a 

20 000 

mixture of malt sprouts and of 
barley screenings before the 
malting process  (possibly  including 
other seeds) with barley  cleanings 
after the malting process, and 
containing by weight  12,5% or more 
of protein 

ex 2309 90 41  Preparation consisting  of a 

mixture of malt sprouts and of 
barley screenings before the 
malting process  (possibly  including 
other seeds) with barley  cleanings 
after the malting process, and 
containing by weight  12,5% or more 
of protein and not more than 28% 
of starch 

(a) See Taric codes  in the Annex. 

-  G 

Article 2 
The tariff quotas referred to in Article  1 shall be managed by 
the Commission, which may take any appropriate  administrative 
measures to ensure that they are managed  efficiently. 

Article 3 
Where an importer presents a product covered  by Article  1 for 
release for free circulation  in a Member State, applying  to 
take advantage of the preferential  arrangements, and the entry 
is accepted  by the customs authorities, the Member  State 
concerned  shall, by notifying  the Commission, draw an amount 
corresponding  to its requirements  from the appropriate  quota 
volume. 

Requests for drawings, indicating the date on which  the 
entries for release  for free circulation were accepted, must 
be sent to the Commission without delay. 

Drawings shall be granted by the Commission  in chronological 
order of the dates on which the customs authorities of the 
Member States concerned  accepted the entries for release  for 
free circulation, to the extent that the available  balance so 
permits. 

If a Member  State does not use a drawing  in full,  it shall 
return any unused portion to the corresponding  quota volume as 
soon as possible. 

If the quantities requested  are greater than the  available 
balance of the quota volume, the balance shall be  allocated 
among applicants pro rata. The Commission  shall  inform  the 
Member States of the drawings made. 

-

*-

Article 4 
Each Member State shall ensure that importers of the products 
listed in Article 1 have equal and continuous access to the 
quotas for as long as the balance of the quota-volume so 
permits. 

Article 5 

The Member States and the Commission shall cooperate closely 
to ensure that Articles 1 to 4 of this Regulation are complied 
with. 

This Regulation shall enter into force on 1 January 1994. 

Article 6 

This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

- 8-

ANNEX 

Tarie Code 

Order No 

CN code 

Taric code 

09.2903 

09.2905 

ex 2309 90 31 
ex 2309 90 41 

ex 2309 90 31 
ex 2309 90 41 

*10 
*40 

*15 
*50 

- < 5-

FINANCIAL RECORD 

1.  Budget line concerned: Chap. 10 art. 100 

2.  Title of the tariff measure concerned 

Proposal for a Council Regulation opening and providing 
for the administration of Community tariff quotas for 
certain mixtures of malt sprouts and barley screenings 

3.  Legal basis: Art. 113 of the Treaty 

4.  Objective: 

Opening duty-free tariff quotas for the above products 

5.  Cost of this measure: 

On the basis of the available information, the cost of 
this operation is expected to be of the order of 
9 000 000 ECU. 

Ai£> 

ISSN 0254-1475 

COM(93) 561 final 

DOCUMENTS 

EN 

03  02 

Catalogue number : CB-CO-93-597-EN-C 

ISBN 92-77-61071-9 

Office for Official Publications of the European Communities 
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