Proposal for a COUNCIL REGULATION (EC) opening a Community tariff quota for barley for malting falling within CN code 1003 00
Date: 1996-12-04
Institutions: European Commission
Subjects: United States, barley, malt, tariff quota, trade agreement (EU)

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  04.12.1996 
COM(96)  552  final 

96/ 0303 (ACC) 

Proposal  for a 

COUNCIL REGULATION (EC) 

opening a Community tariff quota for barley  for malting falling within CN code  1003 00 

(presented by the Commission) 

Explanatory  Memorandum 

An Agreement was signed with the United  States of America, in the context of the conclusion 
of  the  GATT  Article  XXIV.6  negotiations,  concerning  EC's  import  regime  for  cereals  and 
rice.  According  to the terms  of  that  Agreement 

"The  United  States  and  the  European  Community  agree  that  in  the  first  quarter  of 
1996  and  subsequently  at  the  request  of  either  party,  the  United  States  Government 
and the Commission  of the European  Communities shall review the functioning  of the 
"representative  price" system  for  cereals and rice. If it appears to either  party  that the 
functioning  of the system  is materially  impeding  trade flows  between  the parties, the 
Commission  in  consultation  with  the  United  States  Government  shall  promptly 
examine the problems  identified  with  a view to implementing  appropriate  solutions" 

Such  problems  have  been  identified  for  barley  for  malting,  and  it  is  therefore  proposed  to 
open  a tariff  quota  of  30,000  tonnes  for  the  remainder  of  1996. 

& 

COUNCIL  REGULATION 
of 
opening  a Community tariff  quota for barley  for malting falling within CN code  1003  00 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  and in particular Article 
113 thereof, 

Having regard to the proposal  from the Commission, 

Whereas  the  Community  has undertaken,  in  the  conclusion  of  the  GATT  Article  XXIV:6 
negotiations,  to examine problems  identified  if  the functioning  of the  "representative price" 
system for cereals appears to be impeding trade; whereas certain consignments of barley for 
malting  have been  subject to impediment; 

Whereas  in  order  to  remedy  such  impediment  a  Community  tariff  quota  for  barley  for 
malting falling  within CN code  1003  00,  should be opened for the remainder of  1996; 

Whereas detailed  rules for the application  of  this Regulation  should be adopted pursuant to 
Article 23 of Regulation (EEC) N* 1766/92 of 30 June  1992 on the common organisation of 
the market in cereals  \  as last amended by  Commission  Regulation (EC) N* 923/96 2. 

HAS  ADOPTED THIS REGULATION: 

Article J 

1. 

A Community tariff quota of 30.000 tonnes  for high graded  barley falling within CN 
code  1003 00  and intended for the production of malt to be used for the manufacture 
of certain beer aged in tanks containing  beachwood is hereby  opened for the period 
until  31 December 1996. 

2. 

The common customs tariff duty applicable to the quota shall be 50% of the full  rate 
of duty  in force,  without abatement,  on the day of import. 

Article 2 

The Commission shall adopt detailed rules for the application of this Regulation in accordance 
with  the  procedure  laid  down  in  Article  23  of  Regulation  (EEC)  N"  1766/92,  and  in 
particular: 

i) 

provisions to guarantee the nature of the barley  and its provenance; 

1  OJ N° L  181,  1.7.1992,  p. 21. 

2  OJN°  L  126,  24.5.1996,  p. 37. 

ii) 

iii) 

provisions  concerning  recognition  of  the  document  enabling  the  guarantee 
iciciird  to tu 0  lo be vcitftcil, 
provisions to ensure that the barley  is used for the production of malt for the 
manufacture of beer. 

Article 3 

This Regulation shall enter into force on the third day following its publication in the Official 
Journal  of The European Communities. 

It shall  apply from  1 June 1996. 

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

Done at Brussels, 

U 

FINANCIAL  STATEMENT 

BUDGET  HEADING:  1000 

Date:  25  September  10% 

APPROPRIATIONS:  ECU  864  million 

2. 

TITLE  : Proposal  for  a Council  Regulation  opening  a Community  tariff  quota  for  barley  for  malting-
^~~ 
falling  within  CN  code  1003 00 

3. 

LEGAL  BASIS: Article  113 of the Treaty 

4. 

AIMS: To  open  a tariff  quota  for  30 000 tonnes  of  barley  for  malting  until  31  December  1996 

FINANCIAL  IMPLICATIONS: 

PERIOD  OF  12 
MONTHS 

(ECU  million) 

CURRENT 
FINANCIAL  YEAR 
(96) 
(ECU million) 

FOLLOWING 
FrNANCIAL  YEAR 
(97) 
(ECU  million) 

5.0. 

EXPENDITURE 
-  CHARGED  TO THE  EC  BUDGET 

5.1. 

5.0. 

5.1. 

5.2. 

- 

(REFUNDS/INTERVENTION) 

- NATIONAL  AUTHORITIES 
- OTHER 

REVENUE 
-  OWN  RESOURCES  OF THE  EC 
(LEVIES/CUSTOMS  DUTIES) 

-  NATIONAL 

ESTIMATED  EXPENDITURE 
ESTIMATED  REVENUE 

+ 1. 

1998 

1999 

2000 

2001 

METHOD  OF  CALCULATION: 
The full  rate  in  force  at present  for  barley  for  malting  is  ECU  84.5/t. 
A reduced  rate of  50% applies  to the quota. 
The  revenue  in own  resources  is therefore:  30 000 t  x  ECU  84.5/t  x 0.5  =  ECU  1.3  million. 

6.0. 

CAN  THE  PROJECT  BE  FINANCED  FROM  APPROPRIATIONS  ENl ERED  IN THE  RELEVANT  CHAPTER  OF THE 
CURRENT  BUDGET? 

YES/NO 

6.1. 

CAN  THE  PROJECT  BE  FINANCED  BY TRANSFER  BETWEEN  CHAPTERS  OF THE  CURRENT  BUDGET? 

6.2. 

6.3. 

WILL  A SUPPLEMENTARY  BUDGET  BE  NECESSARY? 

WILL  FUTURE  BUDGET  APPROPRIATIONS  BE  NECESSARY? 

OBSERVATIONS 

YES/NO 

YES/NO 

YES/NO 

-5" 

ISSN 0254-1475 

COM(96) 552  final 

DOCUMENTS 

EN 

02  03  01 

Catalogue number  :  CB-C0-96-556-EN-C 

ISBN 92-78-10818-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

6