Council Directive 2000/47/EC of 20 July 2000 amending Directives 69/169/EEC and 92/12/EEC as regards temporary quantitative restrictions on beer imports into Finland
Date: 2000-07-20
Institutions: Council of the European Union
Subjects: Finland, beer, import, national implementing measure, quantitative restriction

29.7.2000

EN

Official Journal of the European Communities

L 193/73

COUNCIL DIRECTIVE 2000/47/EC

of 20 July 2000

amending Directives 69/169/EEC and 92/12/EEC as regards temporary quantitative restrictions on
beer imports into Finland

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 93 thereof,

Having regard to the proposal from the Commission (1),

(6)

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

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 (4), grants Finland the
right to maintain a quantitative limit of 15 litres for beer
acquisitions from other Member States, as laid down in
the Act of Accession of Austria, Finland and Sweden,
which is exempted from Finnish taxes.

Finland should take measures to ensure that imports of
beer from third countries are not allowed under more
favourable conditions than such import
from other
Member States.

Article 26 of Directive 92/12/EEC authorises Finland to
continue to apply, until 31 December 2003, the same
restrictions on the quantity of goods which may be
brought into its territory without further excise duty
those
payment as applied on 31 December 1996,
restrictions being progressively removed.

Articles 4 and 5 of Council Directive 69/169/EEC of 28
May 1969 on the harmonisation of provisions laid
down by law, regulation or administrative action relating
to exemption from turnover taxes and excise duty on
imports in international travel (5) provide for allowances
in respect of excisable goods contained in the luggage of
travellers coming from countries other than Member
States on condition that such imports have no commer-
cial character.

(5)

The provisions of Article 26 of Directive 92/12/EEC
represent a derogation from a fundamental principal of
the internal market, namely the right of its citizens to

(1) OJ 177 E, 27.6.2000, p. 93
(2) Opinion delivered on 14 June 2000 (not yet published in the Offi-

cial Journal)

(3) Opinion delivered on 24 May 2000 (not yet published in the Offi-

cial Journal)

(4) 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).

(5) OJ L 133, 4.6.1969, p. 6. Directive as last amended by Directive

94/4/EC (OJ L 60, 3.3.1994, p. 14).

transport goods purchased for their own use throughout
the Community without incurring liability to new duty
charges, so that it is necessary to limit its effects as far as
possible.

for beer acquisitions

It is appropriate, at this juncture, to raise the current
from other
quantitative limit
Member States in several steps in order to align Finland
gradually on the Community rules laid down in Articles
8 and 9 of Directive 92/12/EEC and to ensure a
complete removal of intra-Community allowances for
beer by 31 December 2003, as provided for in Article
26(1) of that Directive.

Finland has experienced problems in respect of alcohol
policy and social and health policy, as well as public
order, as a result of increased private imports, inter alia,
of beer.

Finland has requested a derogation to apply a limitation
for beer imports from countries other than Member
States, of not less than 6 litres.

is

taken of

the geographical

situation of
Account
Finland, the economic difficulties of Finnish retail traders
located in the border regions and the considerable loss
of revenue caused by the increased imports of beer from
countries other than Member States.

It is therefore necessary to authorise Finland to apply a
restriction of not less than 6 litres on beer imports from
countries other than Member States.

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

(7)

(8)

(9)

(10)

(11)

HAS ADOPTED THIS DIRECTIVE:

Article 1

The following paragraph shall be added to Article 5 of
Directive 69/169/EEC:

‘9.
By way of derogation from Article 4(1), Finland shall
be authorised, until 31 December 2005, to apply a quantit-
ative limit of not less than 6 litres for the importation of
beer from countries other than Member States.’

L 193/74

EN

Official Journal of the European Communities

29.7.2000

Article 2

The following sentence shall be added to the second subpara-
graph of Article 26(1) of Directive 92/12/EEC:

‘Finland shall increase the quantitative restrictions for beer
to at least 24 litres from the entry into force of the Finnish
legislation transposing Article 5(9) of Directive 69/
169/EEC, to at least 32 litres from 1 January 2001 and to
at least 64 litres from 1 January 2003.’

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field covered by this Directive.

Article 4

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

Article 3

Article 5

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 1 November 2000 at the latest. They shall forth-
with inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

This Directive is addressed to the Member States.

Done at Brussels, 20 July 2000.

For the Council

The President

F. PARLY