CELEX: 51993PC0463
Language: en
Date: 1993-10-04
Title: Proposal for a COUNCIL REGULATION (EEC) opening and providing for the administration af a Community tariff quota for beer made from malt, originating in Malta (1994)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(93) 463 final
                                            Brussels, 4 October 1993
                             Proposal for a
                      ^niiKir.iL REGUIATION (EEC)
       opening and providing for the administration af a Community
           tariff quota for beer made from malt, originating in
                                  Malta (1994)
                    (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1.  The Agreement between the European Economic Community and Malta as
    amended by the Complementary Protocol to the Agreement
    establishing an Association between the European Economic
    Community and the Republic of Malta provides for the opening of an
    annual Community tariff quota at zero duty for imports into the
    Community of 5,000 hi of beer made from malt falling within CN
    code no 2203 00 and originating in Malta.
    It is, therefore, appropriate to open the tariff quota in question
    for the period from 1 January to 31 December 1994.
2.  Concerning the management of this quota it is proposed that the
    entire quota volume be held as a Community reserve to which all
    Member States will have access in accordance with the procedure
    provided for in Article 3 of the proposal for a Regulation.
    This is the purpose of the attached proposal.
Annex: Proposal for a Regulation
 ---pagebreak---                                                                                                                                    3
                                                       Proposal       for
                                         C O U N C I L REGULATION (EEC) N o                  /93
                                                         of
                  opening and providing for the administration of a C o m m u n i t y tariff quota for
                                     beer made from malt originating in Malta (1994)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                its international obligations ; whereas, to ensure the effi-
                                                                        ciency of a common administration of these quotas, there
Having regard to the Treaty establishing the European                   is no reasonable obstacle to authorizing the Member
Economic Community, and in particular Article 113                       States to draw from the quota-volumes the necessary
thereof,                                                                quantities corresponding to actual imports ; whereas,
                                                                        however, this method af administration requires close
Having regard to the proposal from the Commission,                      cooperation between the Member States and the Commis-
                                                                        sion and the latter must in particular be able to monitor
Whereas the Supplementary Protocol to the Agreement                     the rate at which the quotas are used up and inform the
establishing an association between the European                        Member States accordingly ;
Economic Community and Malta (') provides, in an
exchange of letters annexed to the said Protocol, that beer             Whereas since the Kingdom of Belgium, the Netherlands
made from malt falling within CN code 2203 00, origina-                 and the Grand Duchy of Luxembourg are united within
ting in Malta, may be imported into the Community free                  and jointly represented by the Benelux Economic Union,
of duty within the limits of an annual Community tariff                 any operation concerning the administration of the
quota of 5 000 hectolitres ; whereas the tariff quota in                quota may be carried out by any one of its member.}.
question should therefore be opened for the period from
 1 January to 31 December 1994 ;
                                                                        HAS ADOPTED THIS REGULATION :
Whereas equal and continuous access to the quota should
be ensured for all Community importers and the rates                                               Article    1
laid down for the quota should be applied consistently to
all imports of the product in question into all the                     From 1 January to 31 December 1994, the customs duty
Member States until the quota is exhausted ;                            applicable to imports into the Community of beer made
                                                                        from malt originating in Malta shall be suspended at the
Whereas, the decision for the opening of tariff quotas                  levels indicated below and within the limits of Commu-
should be taken by the Community in the execution of                    nity tariff quotas as shown below :
                                                                                                           Amount       Quota duty
    Order No       CN code                                  Description                                    of quota
                                                                                                              (hi)
09.1451             2203 00         Beer made from malt                                                     5 000       Exemption
                            Article   2                                  rential benefit for a product covered by this Regulation,
                                                                         and if this declaration is accepted by the customs authori-
The tariff quota referred to in Article 1 shall be adminis-
                                                                         ties, the Member State concerned shall draw, from the
 tered by the Commission, which may take any appro-
                                                                         tariff quota, by means of notification to the Commission,
 priate measure with a view to ensuring the efficient admi-
                                                                         a quantity corresponding to these needs.
 nistration thereof.
                            Article   3
 If an importer presents, in a Member State, a declaration
 of entry into free circulation including a request for prefe-          The requests for drawing, with the indication of the date
                                                                         of acceptance of the said declaration, must be communi-
 (•) OJ No L 81, 23. 3. 1989, p. 2.                                      cated to the Commission without delay.
 ---pagebreak--- The drawings are granted by the Commission on the basis         the quota for such time as the residual balance of the
of the date of acceptance of the declaration of entry into      quota volume so permits
free circulation by the customs authorities of the Member
State concerned, to the extent that the available balance
so permits.                                                                               Article 5
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.      The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
If the quantities requested are greater than the available
balance of the tariff quota, allocation shall be made on a
pro rata basis with respect to the requests. Member States
                                                                                          Artulc  6
shall be informed by the Commission of the drawings
made.
                                                                This Regulation shall enter into force on the third day
                                                                following its publication in the Official Journal of the
                         Article 4
                                                                 European    Communities.
Each Member State shall ensure that importers of the
product concerned have equal and continuous access to           It shall apply with effect from I January 1994
                 This Regulation shall be binding in its entirety and directly applicable in alt Member
                 States.
                 Done at
                                                                            For the Council
                                                                             The President
 ---pagebreak---  FINANCIAL RECORD
 1.  Budget Une concerned : Chap. 12 Art. 120
 2.  Legal basis : Art. 113 of the Treaty
 3.  Title of the tariff measure concerned : Proposal for a Council
     Regulation (EEC) opening and providing for the administration af a
     Community tariff quota for beer made from malt, originating in
     Malta (1994)
4.   Object ive : Execution of a contractual obligation (EEC/Malta
     Agreement)
5.   Method of calculation :
     CCT heading                           2203 00
     Volume of the quota                   5 000 hi
     Duty to be appi ied                   0 %
     Normal CCT duty                       7.2 %
     Price 0                             : 50 ECU/h I
6.  Duty-loss
     Duty-loss for 1994 stands at 18 000 ECU
     In 1993, the loss stood at 19 548 ECU (Price 0 : 54.30 ECU/hl)
 ---pagebreak---                                                                                      6
                                                                     L'SSN 0254-1475
                                                              COM(93) 463 final
                                                      DOCUMENTS
EN                                                                           i l 02
                                 Catalogue number : CB-CO-93-508-EN-C
                                                             ISBN 92-77-59616-3
Office for Official Publications of the European Communities
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