Communication from the Commission concerning the Presidency compromise prolonging an existing derogation on beer imports for Finland
Date: 2007-12-19
Institutions: European Commission
Subjects: Finland, beer, derogation from EU law, import, originating product, quantitative restriction, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2007 
COM(2007) 866 final 

COMMUNICATION FROM THE COMMISSION 

concerning the Presidency compromise prolonging an existing derogation on beer 
imports for Finland  

EN 

   EN 

 
 
 
  
COMMUNICATION FROM THE COMMISSION 

concerning the Presidency compromise prolonging an existing derogation on beer 
imports for Finland  

The  present  memorandum  concerns  the  replacement  of  Directive  69/169/EEC  on  the 
harmonisation of provisions laid down by law regulation or administrative action relating to 
exemption from turnover tax and excise duty on imports in international travel.1 To this effect 
a new text had been proposed by the Commission in 2006 [COM(2006)76 final] 

Given  that  the  adoption  and  application  of  the  new  rules  has  been  delayed,  the  actual 
Presidency  compromise  foresees  to  prolong  an  existing  derogation  contained  in  Directive 
69/169/EEC. According to this derogation, Finland can apply to beer a maximum quantitative 
limit of 16 litres. In view of the imminent expiry of this derogation, on 31 December 2007, 
the Presidency suggests to include into the draft text a clause prolonging the said derogation 
from  1  January  2008  until  1  December  2008  (Article  17  of  the  Presidency  compromise; 
attached) 

The  Commission's  initial  proposal  foresaw  (as  the  Presidency  compromise)  a  quantitative 
limit  for  beer  common  to  all  Member  States,  namely  of  16  liters.  Thus,  that  proposal  was 
limited to a common rule and did not provide for an extension of a derogation applicable to a 
single  Member  State  under  Directive  69/169/EEC.  Therefore,  the  prolongation  of  the  said 
derogation is at present not covered by a proposal on the part of the Commission. 

However,  without  this  quantitative  limit,  in  practice  private  travellers  would  be  entitled  to 
import  on  average  200  litres  beer  from  Russia  into  Finland.  The  current  Directive  does  not 
contain  a  quantitative  limit  for  beer  although  this  product  is  highly  taxed  in  some  Member 
States,  such  as  Finland,  but  is  very  cheaply  available  in  some  third  countries,  absent  a 
comparable  level  of  taxation.  From  1  December  2008  onwards,  the  new  directive,  in 
accordance  with  the  latest  version  of  the  Presidency  compromise,,  will  apply  providing  a 
general quantitative limit of 16 litres for beer (as proposed by the Commission). 

It is therefore proposed at this stage: 

- to decide that the Commission's initial proposal be modified to the effect that it also provides 
for a prorogation of the time limit in Article 5, paragraph 9, of Directive 69/169/EEC until 30 
November 2008. 

- to authorise Commissioner Kovács to communicate this modification to the Council. 

1 

 OJ L 133 of 4.6.1969, p. 6. 

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2 

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