Proposal for a Council Regulation amending Regulation (EEC) No 918/83 as regards a temporary derogation for duty-free imports of beer into Finland
Date: 2000-02-23
Institutions: European Commission
Subjects: Finland, beer, excise duty, import, quantitative restriction

27.6.2000

EN

Official Journal of the European Communities

C 177 E/95

Proposal for a Council Regulation amending Regulation (EEC) No 918/83 as regards a temporary
derogation for duty-free imports of beer into Finland

(2000/C 177 E/16)

COM(2000) 76 final (cid:151) 2000/0039(CNS)

(Submitted by the Commission on 23 February 2000)

(5) Finland has requested a derogation from these values and
has asked to apply a quantitative limitation for duty-free
beer imports from third countries.

(6) A limit of not less than 6 litres of beer seems appropriate,
regard being had to the geographical situation of Finland
and the economic difficulties of Finnish retailers located in
the border regions and the considerable loss of revenues
caused by the increased duty-free imports of beer from
third countries.

(7) It is necessary to set a time-limit for this derogation in
order
travellers
the equal
throughout the Community is ensured after a transitional
period.

to ensure that

treatment of

(8) It

is appropriate to maintain this derogation two years
longer than the restriction for beer brought
to Finland
from other Member States, in order to allow the Finnish
retail trade to adapt to the new situation,

HAS ADOPTED THIS REGULATION:

Article 1

In Regulation (EEC) No 918/83, the following Article 47b is
inserted:

(cid:145)Article 47b

By way of derogation from the values set out in Article
47, Finland shall be authorised until 31 December 2005 to
apply a quantitative limit of not less than 6 litres for
duty-free imports of beer.(cid:146)

Article 2

This Regulation shall enter into force on 1 April 2000.

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 26 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) Article 26 of Council Directive 92/12/EEC of 25 February
1992 on the general arrangements for products subject to
excise duty and on the holding, movement and monitoring
of such products (1), grants Finland the right to maintain a
quantitative limit for beer acquisitions from other Member
States of 15 litres, as laid down in the Act of Accession of
Austria, Finland and Sweden, which are exempted from
Finnish taxes.

(2) Finland should take measures to ensure that imports of
beer from third countries are not allowed under more
favourable conditions than the acquisitions from other
Member States.

(3) Whereas Article 45 of Council Regulation (EEC) No 918/83
of 28 March 1983 setting up a system of reliefs from
customs duty (2), provides that goods contained in the
coming from a third
travellers
personal
country shall be admitted free of import duties, provided
that such imports are of a non-commercial nature.

luggage of

(4) In accordance with Article 47 of Regulation (EEC) No
918/83, the total value of beer admissible free of import
duties may not exceed 175 euro per traveller; in accordance
with the second subparagraph of Article 47, Member States
may reduce this amount to 90 euro for travellers under 15
years of age.

(1) OJ L 76, 23.3.1992, p. 1; Directive as last amended by Directive

96/99/EC (OJ L 8, 11.1.1997, p. 12).

(2) OJ L 105, 23.4.1983, p. 1; Regulation as last amended by Regu-

lation (EC) No 355/94 (OJ L 46, 18.2.1994, p. 5).