Proposal for a Council Regulation opening a Community tariff quota for barley for malting falling within CN code 1003 00
Date: 2001-02-21
Institutions: European Commission
Subjects: United States, barley, beverage industry, import policy, product quality, tariff quota, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.02.2001
COM(2001) 102 final

2001/0051 (ACC)

Proposal for a

COUNCIL REGULATION

opening a Community tariff quota for barley for malting falling within CN code 1003 00

(presented by the Commission)

EXPLANATORY MEMORANDUM

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, 1997, 1998, 1999 and 2000 and a
tariff quota of 30 000 tonnes was opened for the period 1 June to 31 December 1996, and annual
tariff quotas of 50 000 tonnes were opened for 1997, 1998, 1999 and 2000. The problems
identified in 1996-2000 continue to persist, and it is therefore proposed to open an annual tariff
quota of 50 000 tonnes for 2001 and 2002.

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2001/0051 (ACC)

Proposal for a

COUNCIL REGULATION

opening a Community tariff quota for barley for 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 133 thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

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. Certain consignments of barley
for malting have been subject to impediment.

In order to remedy such impediment an annual Community tariff quota for barley for
malting falling within CN code 1003 00 should be opened for 2001 and 2002.

Detailed rules for the application of this Regulation should be adopted pursuant to
Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common
organisation of the market in cereals2.

HAS ADOPTED THIS REGULATION:

1.

2.

1

2

Article 1

An annual Community tariff quota of 50 000 tonnes is hereby opened for 2001 and
2002 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 beechwood.

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 C, , p. .
OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 193,
29.7.2000, p. 1).

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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 to guarantee the quality of the barley and,
concerning recognition of documents enabling this guarantee to be verified;

if necessary, provisions

provisions to verify that
manufacture of beer in tanks containing beechwood.

the barley is used for the production of malt for the

Article 3

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

It shall apply from 1 January 2001.

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

Done at Brussels,

For the Council
The President

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1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
CHAPTER 10

APPROPRIATIONS:
1 180 Mio EUR

TITLE:
Council Regulation opening a Community tariff quota for barley for malting falling within CN code
1003 00.

LEGAL BASIS:
Article 133 of the Treaty

AIMS:
To resolve the impending malfunctioning of the “representative price” system for cereals.

FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
-

NATIONAL

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

12 MONTH
PERIOD

(EUR million)
-

CURRENT
FINANCIAL
YEAR
2001
(EUR million)
-

FOLLOWING
FINANCIAL
YEAR
2002
(EUR million)
-

-0.562

-0.562

-0.562

2003
-
-

2004
-
-

2005
-
-

2006
-
-

50 000 t x 30 EUR/t x 50% x 75% = 562 000 EUR.

The average duty for 2000/01 is 30 EUR/t. The same amount serves as the basis for calculating 2001.

6.0

6.1

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

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?

6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?

YES

YES

NO

NO

OBSERVATIONS:

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

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