Commission Regulation (EC) No 1679/98 of 29 July 1998 laying down detailed rules for the application of Council Regulation (EC) No 1099/98 and providing for the partial reimbursement of import duties levied on a quota of barley for malting
Date: 1998-07-29
Institutions: European Commission
Subjects: CCT duties, barley, beer, import, redemption, tariff quota

30. 7. 98

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Official Journal of the European Communities

L 212/29

COMMISSION REGULATION (EC) No 1679/98

of 29 July 1998

laying down detailed rules for the application of Council Regulation (EC) No
1099/98 and providing for the partial reimbursement of import duties levied on a
quota of barley for malting

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1099/98 of
25 May 1998 opening a Community tariff quota for barley
for malting falling within CN code 1003 00 (1), and in
particular Article 2 thereof,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organisation of the
market
in cereals (2), as last amended by Commission
Regulation (EC) No 923/96 (3), and in particular Article
10(4) thereof,

Whereas the provisions governing the way imports of
cereals into the Community are treated were laid down in
Commission Regulation (EC) No 1249/96 of 28 June
1996 on rules of application (cereal sector import duties)
for Council Regulation (EEC) No 1766/92 (4), as last
amended by Regulation (EC) No 2092/97 (5); whereas
Article 2(5) of Regulation (EC) No 1249/96 provides,
under certain conditions, for a flat-rate reduction in the
import duty of ECU 8 per tonne in particular on barley
for malting;

Whereas, pursuant to Article 1 of Regulation (EC) No
1099/98, a tariff quota has been opened for 1997 and
1998 for 50 000 tonnes of high-grade barley falling within
CN code 1003 00 for the production of malt to be used in
the manufacture of a type of beer aged in vats containing
beechwood; whereas the rate of duty applicable to such
imports is 50 % of the full rate of duty in force on the
day of import, without the flat-rate reductions of ECU
8/tonne in the import duty provided for in Regulation
(EC) No 1249/96; whereas, as a consequence, the duties
applied pursuant to Regulation (EC) No 1249/96 for up to
50 000 tonnes of barley for malting covered by import
licence applications submitted from 1 January to 31
December 1997 and for an unspecified quantity covered

(1) OJ L 157, 30. 5. 1998, p. 9.
(2) OJ L 181, 1. 7. 1992, p. 21.
(3) OJ L 126, 24. 5. 1996, p. 37.
(4) OJ L 161, 29. 6. 1996, p. 125.
(5) OJ L 292, 25. 10. 1997, p. 10.

licence applications

submitted between 1
by import
January 1998 and the date of entry into force of this
Regulation, should be adjusted by reducing the rate of
duty in force on the day of release for free circulation of
the imported product by 50 %,
thereby
obtained being increased by ECU 8/tonne to take account
of the flat-rate reduction in the import duty which may
have been applied on release for free circulation; whereas
the import duty on quantities covered by import licence
applications submitted between the date of entry into
force of this Regulation and 31 December 1998, within
the limit of the remaining balance of the annual quota of
50 000 tonnes, must be reduced by 50 %;

the amount

Whereas the tariff quota opened by Regulation (EC) No
1099/98 covers the periods 1 January to 31 December
1997 and 1 January to 31 December 1998; whereas
notwithstanding Article 2 of that Regulation, no provi-
sions applying retroactively can be laid down to guarantee
the type of barley already imported or
to recognise
documents guaranteeing that that type of barley has been
imported;

the

this

should be

implementation of

international
Whereas
commitment
ensured by providing that
operators who have imported barley of a particular quality
for malting during the period concerned may qualify, on
application, for the reduction in the import duty, less any
flat-rate reductions; whereas the Member States must
accordingly be authorised to reimburse duties levied in
excess to operators who can prove that the import duties
they paid were reduced by ECU 8 per tonne as laid down
for barley of brewery quality for the production of malt
from 1 January to 31 December 1997 and from 1 January
1998 to the date of entry into force of this Regulation;
whereas, since the time limit laid down by Regulation
(EC) No 1249/96 for processing barley into malt is six
months from the date of release for free circulation and
since 100 days is quite sufficient to manufacture the type
of beer provided for under this quota, it is appropriate, in
to maintain these time
the interests of simplification,
limits in the rules governing the quota;

Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,

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Official Journal of the European Communities

30. 7. 98

HAS ADOPTED THIS REGULATION:

Article 1

Pursuant

1.
to Article 1 of Regulation (EC) No
1099/98, 50 % of the full import duty in force for each
consignment concerned on the date of release for free
circulation, less ECU 8 per tonne, shall be reimbursed on
quantities of barley for malting to be used for the manu-
facture of beer aged in vats containing beechwood which
qualified for a flat-rate reduction of ECU 8 per tonne
pursuant to Article 2(5) of Regulation (EC) No 1249/96
and which were covered by import licence applications
submitted between 1 January and 31 December 1997 or
between 1 January 1998 and the date of entry into force
of this Regulation, up to a limit of 50 000 tonnes for each
of the two periods, on application by the importer or his
authorised agent. The duty shall be reimbursed provided
that:

— the imported barley is malted within six months from

the date of release for free circulation, and

— the resulting malt is used in the manufacture of beer
aged in vats containing beechwood within no more
than 100 days following the date on which the barley
was processed into malt.

2. Within 15 working days of the date of entry into
force of this Regulation, the parties concerned shall lodge
applications for reduced duty on the quantities referred to
in paragraph 1, in accordance with the model set out in
Annex II, with the competent authorities of the Member
State that
specifying the
quantity that may be covered by the partial reimburse-
ment of the duty as provided for in paragraph 1, in accor-
dance with Article 880 of Commission Regulation (EEC)
No 2454/93 (1).

issued the import

licence,

January 1998 to the date of entry into force of this Regu-
lation.

the information forwarded by
4. On the basis of
Member States, where the total quantity for which ap-
plications for reduced duty have been lodged exceeds
50 000 tonnes,
the Commission shall notify Member
States, within three working days of expiry of the period
referred to in paragraph 3, of the percentage reduction to
be applied to quantities for which applications for certifi-
cates have been lodged.

in Annex I,

The competent authorities of the Member State that
5.
issued the import licence shall issue a certificate in ac-
cordance with the model set out
taking
account of any percentage reduction as referred to in
specifying the quantity which may be
paragraph 3,
the duty in ac-
covered by partial reimbursement of
cordance with Article 880 of Regulation (EEC) No
2454/93. Certificates shall be issued and ‘good faith’ secu-
rities as provided for in paragraph 2 shall be released only
in respect of quantities for which the parties concerned
provide:

— proof of processing into malt as provided for in
Article 2(5)(c) of Regulation (EC) No 1249/96, and

— an additional certificate proving that

the malt has
been used to manufacture beer aged in vats containing
beechwood within the deadline provided for in para-
graph 1. Such certificates shall be issued:

— by the relevant authorities proving that the plant
where the malt concerned has been used for the
production of beer had vats for ageing containing
beechwood, where the processing took place
before this Regulation was published,

— by

the

customs department

for
checking that barley is malted, for quantities of
barley covered by import
licence applications
submitted before this Regulation was published
but not yet manufactured into beer at that date.

responsible

Applications shall be accompanied by:

— an extract of the import licence proving that that
quantity has been released for free circulation,

— proof that the applicant has lodged a ‘good faith’ se-
curity of ECU 5/tonne with the authority that issued
the import licence, and

— an application for a certificate for reimbursement of
duty in accordance with the model set out in Annex I.

3. Within five working days of expiry of the period laid
down in the first subparagraph of paragraph 2, Member
States shall forward to the Commission, by telex, fax or
telegram, details of the quantities covered by applications
for certificates for reimbursement of duty submitted for
both periods, i.e. 1 January to 31 December 1997 and 1

(1) OJ L 253, 11. 10. 1993, p. 1.

The ‘good faith’ security referred to in paragraph 2
covering quantities actually processed but for which not
duty reduction is granted shall be released.

6.
Applications for reimbursement must be submitted
by the parties concerned to the office where customs
reimbursement
clearance took place. Applications for
must be accompanied by:

(a) the import licence or a certified copy thereof;

(b) the certificate referred to in paragraph 5; and

(c) the declaration of release for free circulation covering

the imports concerned.

The amount to be reimbursed per tonne shall be 50 % of
the full rate of duty in force on the day of release for free
circulation, minus ECU 8/tonne.

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Official Journal of the European Communities

L 212/31

Article 2

— Gevraagd recht 50 %. Verordening (EG) nr. 1679/98.

Tariefcontingent nr. 09.4061

Pursuant

1.
to Article 1 of Regulation (EC) No
1099/98, the import duty in force for each consignment
concerned on the date of release for free circulation shall
be reduced by 50 % for quantities of barley falling within
CN code 1003 00 intended for malting (quota serial
number 09.4061), to be used for the manufacture of beer
aged in vats containing beechwood and covered by import
licence applications submitted between the date of entry
into force of this Regulation and 31 December 1998. In
such cases, the duty reduction of ECU 8/tonne provided
for in Article 2(5) of Regulation (EC) No 1249/96 shall
not be applied. However,
the
import duty shall be applied only for a quantity equal to
the 50 000 tonne quota for 1998, minus the quantity
covered
reimbursement
submitted for the period between 1 January 1998 and the
date of entry into force of this Regulation, in accordance
with Article 1. Where necessary, the duty reduction shall
be granted only for applications covering the quantity
thus calculated by chronological order of submission from
the date of entry into force of this Regulation. The duty
reduction shall be granted provided that:

the 50 % reduction of

applications

duty

for

by

— Direito 50 % pedido. Regulamento (CE) nº 1679/98.

Contingente pautal nº 09.4061

— Pyydetty

tullinalennus
1679/98. Tariffikiintiö N:o 09.4061

50 %. Asetus

(EY) N:o

— Begärd tullsats 50 %. Förordning (EG) nr 1679/98.

Tullkvot nr 09.4061.

When the consignment concerned is released for free
circulation, the customs office shall endorse the licence
only if the imported barley meets the following quality
criteria:

— specific weight: 60,5 kg/hl or more,

— damaged grains: 1 % or less,

— moisture content: 13,5 % or less,

— sound, fair and merchantable barley: 98 % or more,

— the imported barley is malted within six months from

the date of release for free circulation, and

as certified by:

— the resulting malt is used in the manufacture of beer
aged in vats containing beechwood within no more
than 100 days following the date on which the barley
is processed into malt.

For

2.
the purpose of applying the reduced duty
referred to in paragraph 1, Section 24 of import licences
drawn up in accordance with Article 2(5) of Regulation
(EC) No 1249/96 shall contain one of the following:

— Derecho

50 % solicitado. Reglamento

(CE) no

1679/98. Contingente arancelario no 09.4061

— Toldsats 50%. Forordning (EF) nr. 1679/98. Toldkon-

tingent nr. 09.4061

— 50 %-Satz erforderlich. Verordnung (EG) Nr. 1679/98.

Zollkontingent Nr. 09.4061

— Fgto ˜ulemor dasl ˜or 50 %. Jamomisl ˜or (EJ) aqih.
1679/98. Daslokocij ˜er posost ˜yseir up’ aqih.
09.4061

— 50 % duty requested. Regulation (EC) No 1679/98.

Tariff quota No 09.4061

— Droit 50 % demandé. Règlement (CE) no 1679/98.

Contingent tarifaire no 09.4061

— Dazio 50 % richiesto. Regolamento (CE) n. 1679/98.

Contingente tariffario n. 09.4061

— either a certificate of analysis carried out at the im-
porter’s request by the customs office of release for
free circulation,

— or a quality certificate for the imported barley issued
by a government authority of the country of origin. In
this case, the customs office of release for free circula-
the
tion shall
imported cargo for analysis to verify conformity with
the analytical parameters.

take samples from at

least 5 % of

The parties concerned shall lodge applications for
3.
reduced duty, in accordance with the model set out in
Annex II, with the competent authorities of the Member
State of release for free circulation. Such applications shall
be accepted only if accompanied by:

— proof that the applicant is a natural or legal person
who has carried out a commercial activity in the
cereals sector for at least 12 months and is registered
in the Member State in which the application is
submitted,

— proof that the applicant has lodged a security of ECU
10/tonne with the competent authority of the Member
State of release for free circulation,

— a written undertaking by the applicant that all the
imported goods will be processed, within six months
from the date of acceptance of entry for free circula-
tion, into malt for use in the manufacture of beer aged
in vats containing beechwood within 100 days follow-
ing the date on which the barley was processed into
malt.

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30. 7. 98

4.
The provisions governing the dispatch of goods for
processing into malt as referred to in Article 2(5) of Regu-
lation (EC) No 1249/96 shall apply. In addition,
the
competent authority must check that the malt is used in
the manufacture of beer aged in vats containing beech-
wood within 100 days.

Article 3

1. On the first working Monday of each month, up to
and including 7 December 1998, Member States shall
forward to the Commission, by telex, fax or telegram, in
accordance with the model set out in Annex III, the
reduced duty
quantities covered by applications
lodged during the previous month in accordance with
Article 2(3). Not later than 11 January 1999, Member
States shall forward to the Commission, by telex, fax or
telegram the quantities covered by applications
for
reduced duty lodged until 31 December 1998.

for

2. On the basis of
the information forwarded by
Member States, where the total quantity for which applic-
ations for reduced duty have been lodged exceeds the
quantity referred to in Article 2(1), the Commission shall
notify Member States, within three working days of expiry
of the period referred to in paragraph 1, of the period for
lodging applications for reduced duty for which such
applications can be accepted and, where necessary, of the
quantity to which the 50 % duty reduction can be
applied for applications lodged on the last day of that
period.

The competent authorities of

3.
the Member State
where the application for reduced duty is lodged shall
issue a certificate specifying the quantity which may be
covered by partial reimbursement of the duty, in accord-
ance with Article 880 of Regulation (EEC) No 2454/93.
Such certificates, drawn up in accordance with the model
set out in Annex I, shall be issued only for applications
that can be accepted within the limit provided for in
paragraph 2 for which the party concerned provides the
following proof:

— proof of processing into malt as provided for in
Article 2(5)(c) of Regulation (EC) No 1249/96,

— the import licence referred to in Article 2(2), duly
endorsed by the customs office of release for free
circulation, and

— an additional certificate proving that

the malt has
been used to manufacture beer aged in vats containing
beechwood within the deadline provided for in Article
2(1). Such certificates shall be issued by the customs
department responsible for checking that barley is
malted.

for partial

Applications

4.
the
import duty must be submitted by the parties concerned
to the office where customs clearance took place. Applica-
tions for reimbursement must be accompanied by:

reimbursement of

(a) the import licence or a certified copy thereof;

(b) the certificate referred to in paragraph 3; and

(c) the declaration of release for free circulation covering

the imports concerned.

The amount to be reimbursed per tonne shall be 50 % of
the full rate of duty in force on the day of release for free
circulation, minus ECU 8/tonne where the duty reduction
provided for
in Article 2(5) of Regulation (EC) No
1249/95 has been applied.

Article 4

The security of ECU 10/tonne provided for in the second
indent of Article 2(3) shall be released:

(a) for quantities

actually
processed but for which no duty reduction has been
granted; and

covered by

applications,

(b) for the quantities accepted for each application for

duty reduction, provided that:

— the quality of the barley, established on the basis
the quality certificate or analysis certificate,
of
meets the criteria laid down in the second subpa-
ragraph of Article 2(2),

— the certificate applicant provides proof of

the
specific final use referred to in Article 2(4), certi-
fying that this use took place within the deadline
provided for in the written undertaking referred to
in the third indent of Article 2(3).

Article 5

For the purposes of this Regulation:

(a)

(b)

‘damaged grains’ means grains of barley, other cereals
or wild oat that display damage, including deteriora-
tion caused by disease, frost, heat, insects or fungus,
bad weather and all other forms of material damage;

‘sound, fair and merchantable barley’ means barley
grains or pieces of grains that are not damaged as
defined in (a), except grains damaged by frost or
fungus.

Article 6

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

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

Done at Brussels, 29 July 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

Model for certificate applications and certificates for reimbursement of duty as referred to in
Articles 1(2) and (5) and 3(3) of Regulation (EC) No 1679/98

Import licence reference number: .........................................................................................................................

Holder (name, full address and Member State): ..................................................................................................

Body issuing the extract (name and address): ......................................................................................................

Rights assigned to (name, full address and Member State): ..............................................................................

Quantity for which reimbursement may be applied for under Regulation (EC) No 1679/98 (quantity in

kilograms): .................................................................................................................................................................

.........................................................................................
(date and signature)

ANNEX II

Model for applications for duty reduction as referred to in Articles 1(2) and 2(3) of Regulation (EC)
No 1679/98

Import licence reference number: .........................................................................................................................

Holder (name, full address and Member State): ..................................................................................................

Body issuing the extract (name and address): ......................................................................................................

Rights assigned to (name, full address and Member State): ..............................................................................

Quantity for which the duty reduction is applied for under Regulation (EC) No 1679/98 (quantity in

kilograms): .................................................................................................................................................................

.........................................................................................
(date and signature)

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ANNEX III

Model for notification of applications for duty reduction as referred to in Article 3(1) of Regula-
tion (EC) No 1679/98

Import licence reference number: .........................................................................................................................

Holder (name, full address and Member State): ..................................................................................................

Body issuing the extract (name and address): ......................................................................................................

Rights assigned to (name, full address and Member State): ..............................................................................

Quantity for which the duty reduction is applied for under Regulation (EC) No 1679/98 (quantity in

kilograms): .................................................................................................................................................................

Date of submission of application for reduced duty (day, month, year): ........................................................

.........................................................................................
(date and signature)