Proposal for a Council Regulation (EC) opening a Community tariff quota for barley for malting falling within CN code 1003 00
Date: 1998-01-30
Institutions: European Commission
Subjects: barley, beer, import, malt, tariff quota

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

i t ** 

it 
it 
-tr 
it 
ir 
it 
**  + 

Brussels,  30.01.1998 

COM(97)737  final 

98/0004  (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  Me mo ran du m 

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 were identified  for barley for malting in  1996, and a tariff  quota  of 30 000 
tonnes was opened  for  the period  1 June to 31 December  1996. The problems identified  in 
1996 continue to persist, and it is therefore proposed to open a annual tariff quota of 50,000 
tonnes for  1997 and 1998. 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

opening a Community  inrilVquota  for  barley  lor  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  an  annual  Community  tarilf  quota  for  barley  for 
malting falling within CN code  1003 00  should be opened  for  1997 and  1998; 

Whereas detailed  rules for  the application  of this Regulation  should  be adopted  pursuant  to  Article 
23 of Regulation  (EEC)  No  1766/92 of 30 June  1992 on  the  common  organisation  of the  market 
in cereals(|). 

HAS ADOPTED THIS REGULATION: 

Article  I 

An annual  Community  tariff quota  of 50.000  tonnes  is hereby  opened  for  1997 and  1998 
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. 

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

OJ N*  L 181, 1.7.1992, p. 21. Regulation as last amended by Commission Regulation (EC) N*  923/96 (OJ N* L 
126,24.5.1996, p. 37), 

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) No  1766/92, and in particular: 

i) 

ii) 

provisions  lo  guarantee  the  quality  of  the  bailey  and,  if necessary,  provisions  concerning 
iccognition ol'documents enabling (his guarantee to be  verified, 

provisions  to  verify  that  the bailey  is used  for  the  production  of  malt  for  the  manufacture 
of beer in tanks containing beechwood. 

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  January  1997 

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

Done at Brussels, 

hor  the  Council 

1 

FINANCIAL STATEMENT 

1. 

2. 

BUDGET HEADING: 

1000 

TITLE : 

APPROPRIATIONS :  873,4 ECU million 

Council regulation of opening a coiunuinily tariff quota for barley for malting falling within CN Code  100.300 

3. 

LEGAL BASIS :  The Treaty of the European Community, Article  113 thereof. 

AIMS: 
To resolve the impending malfunctioning  of the "representative price" system  for cereals and rice. 

5. 

FINANCIAL  IMPLICATIONS 

5.0 

5.1 

EXPENDITURE 
- CHARGED TO THE EC BUDGET. 
(REFUNDS/INTERVENTION) 
- NATIONAL AUTHORITIES 
- OTHER 

REVENUE 
- OWN RESOURCES OF  II IE EC 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL 

PERIOD OF 
12 MONTHS 

CURRENT 
FINANCIAL YEAR 
(1997) 

FOLLOWING 
FINANCIAL YEAR 
(1998) 

- 1,4 

- 1,2 

- 1,4 

1999 

2000 

2001 

2002 

5.0.1 
5.1.1 

ESTIMATED EXPENDITURE 
ESTIMATED REVENUE 

5.2 

METHOD OF CALCULATION  : (12 months) 

0,2 

50.000 t x 61 ECU/t x 50 % x 90 % - 
1,37 
The average duty for  1997 is 61 ECU/t.  The same amount serves as the basis for calculating 1998. 

6.0 

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

YES/NO 

6.1 

CAN  II IE 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 

The measure represents a loss of revenues for own resources, as the imports would have taken place also with the full customs duty. 

ISSN 0254-1475 

COM(97) 737  final 

DOCUMENTS 

EN 

03  10  02 

Catalogue  number  :  CB-CO-97-756-EN-C 

ISBN  92-78-29954-5 

Office  for Official  Publications of the European  Communities 

L-2985 Luxembourg