CELEX: 51997PC0737
Language: en
Date: 1998-01-30
Title: Proposal for a Council Regulation (EC) opening a Community tariff quota for barley for malting falling within CN code 1003 00

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                                                 Brussels, 30.01.1998
                                                 COM(97)737 final
                                                 98/0004 (ACC)
                                  Proposal for a
                       COUNCIL REGULATION (EC)
opening a Community tariff quota for barley for malting falling within CN code 1003 00
                        (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                  Explanatory Me mo ran du m
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, and a tariff quota of 30 000
tonnes was opened for the period 1 June to 31 December 1996. The problems identified in
 1996 continue to persist, and it is therefore proposed to open a annual tariff quota of 50,000
tonnes for 1997 and 1998.
 ---pagebreak---                                            Proposal for a
                                COUNCIL REGULATION (EC)
   opening a Community inrilVquota for barley lor 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 113
thereof,
Having regard to the proposal from the Commission,
Whereas 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; whereas certain consignments of barley for malting have
been subject to impediment;
Whereas in order to remedy such impediment an annual Community tarilf quota for barley for
malting falling within CN code 1003 00 should be opened for 1997 and 1998;
Whereas detailed rules for the application of this Regulation should be adopted pursuant to Article
23 of Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market
in cereals (|) .
HAS ADOPTED THIS REGULATION:
                                                 Article I
         An annual Community tariff quota of 50.000 tonnes is hereby opened for 1997 and 1998
         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 beachwood.
         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 N* L 181, 1.7.1992, p. 21. Regulation as last amended by Commission Regulation (EC) N * 923/96 (OJ N* L
         126,24.5.1996, p. 37),
 ---pagebreak---                                                 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)        provisions lo guarantee the quality of the bailey and, if necessary, provisions concerning
          iccognition ol'documents enabling (his guarantee to be verified,
ii)       provisions to verify that the bailey is used for the production of malt for the manufacture
          of beer in tanks containing beechwood.
                                                Article 3
This Regulation shall enter into force on the third day following its publication in the Official
Journal of The European Communities.
It shall apply from 1 January 1997
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                                     hor the Council
                                                     1
 ---pagebreak---                FINANCIAL STATEMENT
 1.      BUDGET HEADING:              1000                                                     APPROPRIATIONS : 873,4 ECU million
 2.     TITLE :
        Council regulation of opening a coiunuinily tariff quota for barley for malting falling within CN Code 100.300
 3.     LEGAL BASIS : The Treaty of the European Community, Article 113 thereof.
        AIMS:
        To resolve the impending malfunctioning of the "representative price" system for cereals and rice.
 5.     FINANCIAL IMPLICATIONS                                             PERIOD OF               CURRENT                FOLLOWING
                                                                           12 MONTHS           FINANCIAL YEAR          FINANCIAL YEAR
                                                                                                      (1997)                 (1998)
 5.0    EXPENDITURE
        - CHARGED TO THE EC BUDGET.
          (REFUNDS/INTERVENTION)
        - NATIONAL AUTHORITIES
        - OTHER
5.1     REVENUE
        - OWN RESOURCES OF II IE EC                                            - 1,4                   - 1,2                  - 1,4
         (LEVIES/CUSTOMS DUTIES)
        - NATIONAL
                                                                                   1999             2000              2001          2002
5.0.1   ESTIMATED EXPENDITURE
5.1.1   ESTIMATED REVENUE                                                           0,2
5.2     METHOD OF CALCULATION : (12 months)
        50.000 t x 61 ECU/t x 50 % x 90 % -            1,37
        The average duty for 1997 is 61 ECU/t. The same amount serves as the basis for calculating 1998.
6.0     CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
        RELEVANT CHAPTER OF THE CURRENT BUDGET ?                                                                        YES/NO
6.1     CAN II IE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET ?
                                                                                                                        YES/NO
6.2     WILL A SUPPLEMENTARY BUDGET BE NECESSARY ?
6.3     WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY                                                                  YES/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.
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 737 final
                                              DOCUMENTS
EN                                                                03   10 02
                                    Catalogue number : CB-CO-97-756-EN-C
                                                             ISBN 92-78-29954-5
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