Commission Regulation (EC) No 1638/1999 of 26 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1269/1999 and providing for the partial reimbursement of import duties levied on a quota of barley for malting
Date: 1999-07-26
Institutions: European Commission
Subjects: CCT duties, barley, beverage industry, import, import licence, tariff quota

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Official Journal of the European Communities

27. 7. 1999

COMMISSION REGULATION (EC) No 1638/1999

of 26 July 1999

laying down detailed rules for the application of Council Regulation (EC) No 1269/1999 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 1269/1999 of 14
June 1999 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
1523/1999 (3) and in particular Article 10(4) thereof,

(1) Whereas the provisions governing the way imports of
cereals into the Community are treated are 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 2519/98 (5);
whereas Article 2(5) of Regulation (EC) No 1249/96
provides, under certain conditions, for a flat-rate reduc-
tion in the import duty of EUR 8 per tonne on malting
barley;

(2) Whereas; pursuant to Article 1 of Regulation (EC) No
1269/1999, a tariff quota has been opened for 1999
and 2000 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 applic-
able to such imports is 50 % of the full rate of duty in
force on the day of import, without the flat-rate reduc-
tion of EUR 8 per tonne in the import duty provided
for in Regulation (EC) No 1249/96; whereas, as a conse-
quence, the duties applied pursuant to Regulation (EC)
No 1249/96 for up to 50 000 tonnes of malting barley
submitted
covered by import
between 1 January 1999 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
the
circulation of
amount thereby obtained being increased by EUR 8 per
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
submitted
covered by import

the imported product by 50 %,

applications

applications

licence

licence

(1) OJ L 151, 18.6.1999, p. 1.
(2) OJ L 181, 1.7.1992, p. 21.
(3) OJ L 160, 26.6.1999, p. 18.
(4) OJ L 161, 29.6.1996, p. 125.
(5) OJ L 315, 25.11.1998, p. 7.

between the date of entry into force of this Regulation
and 31 December 1999, within the limit of
the
the annual quota of 50 000
remaining balance of
tonnes, must be reduced by 50 %;

(3) Whereas the tariff quota opened by Regulation (EC) No
1269/1999 covers
the periods 1 January to 31
December 1999 and 1 January to 31 December 2000;
whereas notwithstanding Article 2 of that Regulation, no
provisions applying retroactively can be laid down to
guarantee the quality of barley already imported or to
recognise documents guaranteeing that that quality of
barley has been imported;

(4) Whereas

the

this

implementation of

international
commitment should be ensured by providing that opera-
tors 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 EUR 8 per
tonne as laid down for barley of brewery quality for the
production of malt from l January 1999 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,
in the interests of
it is appropriate,
simplification, to maintain these time limits in the rules
governing the quota;

(5) Whereas the measures provided for in this Regulation
are in accordance with the opinion of the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Pursuant to Article 1 of Regulation (EC) No 1269/1999,
1.
the import duty in force for each consignment
50 % of
concerned on the date of release for free circulation,
less
EUR 8 per tonne, shall be reimbursed on quantities of malting
barley to be used for the manufacture of beer aged in vats
containing beechwood which qualified for a flat-rate reduction

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Official Journal of the European Communities

L 194/29

of EUR 8 per tonne under Article 2(5) of Regulation (EC) No
1249/96 and which were covered by import licence applica-
tions submitted between 1 January 1999 and the date of entry
into force of this Regulation, up to a limit of 50 000 tonnes,
on application by the importer or his authorised agent.

The duty shall be reimbursed provided that:

— the imported barley was malted within six months from the

date of release for free circulation, and

— the resulting malt was 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 authority of
issued the
import licence, specifying the quantity that may be covered by
the partial reimbursement of the duty as provided for in para-
graph 1.

the Member State that

Applications shall be accompanied by:

— the import licence or an extract thereof proving that that

— 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 paragraph 1. Such
certificates shall be issued:

— by the relevant authority 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 responsible for checking
that barley is malted, for quantities of barley covered by
import licence applications submitted before this Regu-
lation was published but not yet processed into beer at
that date.

The ‘good faith’ security referred to in paragraph 2 covering
quantities actually processed but for which no duty reduction is
granted shall be released.

6.
Applications for reimbursement must be submitted by
the parties concerned to the customs office which recorded the
import. Applications for reimbursement must be accompanied
by:

quantity has been released for free circulation,

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

— proof that the applicant has lodged a ‘good faith’ security of
EUR 5 per 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.

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

(c) the declaration of release for free circulation covering the

imports concerned.

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 reduced duty submitted between 1 January 1999 and the
date of entry into force of this Regulation.

On the basis of the information forwarded by Member
4.
States, where the total quantity for which applications for
reduced duty have been lodged for the period concerned
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 certificates have
been lodged.

5.
The competent authority of the Member State that issued
the import licence shall issue a certificate in accordance with
the model set out in Annex I, taking account of any percentage
reduction as referred to in paragraph 4, specifying the quantity
which may be covered by partial reimbursement of the duty.

Certificates
securities as
shall be issued and ‘good faith’
provided for in paragraph 2 shall be released only in respect of
quantities for which the parties concerned provide:

Article 2

1.
Pursuant to Article 1 of Regulation (EC) No 1269/ 1999,
the common customs tariff duty in force on the date of release
for free circulation shall be reduced for each consignment
concerned, on application by the importer or his authorised
agent, 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
applications
submitted during 2000 and between the date of entry into
force of this Regulation and 31 December 1999. In such cases,
the duty reduction of EUR 8 per tonne provided for in Article
2(5) of Regulation (EC) No 1249/96 shall not be applied.

licence

However, for the period between the date of entry into force of
this Regulation and 31 December 1999, the 50 % reduction
shall be applied only for a quantity equal to the 50 000 tonne
quota for 1999, minus the quantity covered by applications for
the period between 1
duty reimbursement submitted for
January 1999 and the date of entry into force of this Regula-
tion, 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.

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The duty reduction shall be granted 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 is processed
into malt.

2.
Section 24 of applications for import licences and 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 1638/1999.

Contingente arancelario no 09.4061,

— Anmodning om 50 % toldsats. Forordning (EF) nr. 1638/

1999. Toldkontingent nr. 09.4061,

— 50 %-Satz beantragt. Verordnung (EG) Nr. 1638/1999.

Zollkontingent Nr. 09.4061,

— Ζητούµενος δασµός 50 %. Κανονισµός (ΕΚ) αριθ. 1638/1999.

∆ασµολογικές ποσοστώσεις υπ' αριθ. 09.4061,

— 50 % duty requested. Regulation (EC) No 1638/1999. Tariff

quota No 09.4061,

— Droit 50 % demandé. Règlement
Contingent tarifaire no 09.4061,

(CE) no 1638/1999.

— Dazio 50 % richiesto. Regolamento (CE) n. 1638/1999.

Contingente tariffario n. 09.4061,

— Gevraagd recht 50 %. Verordning (EG) nr. 1638/1999.

Tariefcontingent nr. 09.4061,

— Direito 50 % pedido. Regulamento (CE) n.o 1638/1999.

Contingente pautal n.o 09.4061,

— Pyydetty tullinalennus 50 %. Asetus (EY) N:o 1638/1999.

Tariffikiintiö N:o 09.4061,

— Begärd tullsats 50 %. Förordning (EG) nr 1638/1999.

Tullkvot nr 09.4061.

When the consignment concerned is released for free circula-
tion, 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,

recognised by the Commission in accordance with
Article 6 of Regulation (EC) No 1249/96.

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 before the end of the one-year
period concerned. 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 EUR 10
per 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 circulation, into malt for use
in the manufacture of beer aged in vats containing beech-
wood within 100 days following the date on which the
barley was processed into malt.

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

In addition,

Article 3

1.
On the first working Monday of each month, up to and
including 4 December 2000, Member States shall inform the
Commission, by telex, fax or telegram, in accordance with the
model set out
the quantities covered by
applications for reduced duty lodged during the previous
month in accordance with Article 2(3). Not later than 11
January 2001, Member States shall inform the Commission, by
telex, fax or telegram of the quantities covered by applications
for reduced duty lodged up to 31 December 2000.

in Annex III, of

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

as certified by:

— either a certificate of analysis carried out at the impor-
ter'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 and

2.
On the basis of the information forwarded by Member
States, where the total quantity for which applications 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.

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The competent authority of the Member State where the
3.
application for reduced duty is lodged shall issue a certificate
specifying the quantity which may be covered by partial reim-
bursement of the duty,
in accordance with Article 880 of
Commission Regulation (EEC) No 2454/9 (1). 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, issued by the customs department
and drawn up in accordance with the model in Annex I,
proving that the malt has been used to manufacture beer
aged in vats containing beechwood within the deadlines
provided for in Article 2(1).

Applications for partial reimbursement of

4.
the import
duty must be submitted by the parties concerned to the
customs office which recorded the import. Applications for
reimbursement must be accompanied by:

(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 circula-
tion, minus EUR 8 per
tome where the duty reduction
provided for in Article 2(5) of Regulation (EC) No 1249/95 has
been applied.

Article 4

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

(a) for quantities covered by applications, actually processed
but for which no duty reduction has been granted, and

(b) for the quantities accepted for each application for duty

reduction, provided that:
— the quality of the barley, established on the basis of the
the
quality certificate or analysis certificate, meets
criteria laid down in the second subparagraph of Article
2(2),

— the certificate applicant provides proof of the specific
final use referred to in Article 2(4), certifying that this
use took place within the deadline provided for in the
written undertaking referred to in the third indent of
Article 2(3).

For the purposes of this Regulation:

Article 5

(a) ‘damaged grains’ means grains of barley, other cereals or
including deterioration
fungus, bad
insects or

wild oat
caused by disease,
weather and all other forms of material damage,

that display damage,
frost, heat,

(b) ‘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.

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

Done at Brussels, 26 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 253, 11.10.1993, p. 1.

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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) Νο 1638/1999

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) Νο 1638/1999 (quantity in kilograms):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date and signature)

ANNEX II

Model for application for duty reduction as referred to in Articles 1(2) and 2(3) of Regulation (EC) Νο 1638/1999

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) Νο 1638/1999 (quantity in kilograms):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date and signature)

ANNEX III

Model for notification of applications for duty reduction as referred to in Articles 3(1) of Regulation (EC) Νο
1638/1999

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) Νο 1638/1999 (quantity in kilograms):

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Date and signature)