CELEX: 51989PC0350
Language: en
Date: 1989-07-13
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) OPENING AND PROVIDING FOR THE ADMINISTRATION OF A COMMUNITY TARIFF QUOTA FOR BEER MADE FROM MALT ORIGINATING IN MALTA ( 1990 )

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0MC89) 350 final
                                              Brussels,   13 July 1989
                         Proposal for a
                    COUNCIL REGULATION (EEC)
       opening and providing for the administration of a
        Community tariff quota for beer made from malt
                  originating in Malta (1990)
                  (presented by the Commission)
 ---pagebreak---                               EXPLANATORY MEMORANDUM
  1. The Agreement between the European Economic Community an*. Vita 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 h I of beer made       from malt falling within CN code
      no   2203 00                         and originating in Malta.
       It is, therefore, appropiate to open the tariff quota in question for
the period from 1 January           to 31 December    1990.
   2. Within the limits of the tariff quota, Spain and Portugal will apply
     custcms duties calculated in accordance with the Protocol to the
      Agreement between the EEC and Malta       consequent on the accession of
     Spain and Portugal.
    3^ Concerning the management of this quota    it is proposed that the entire
     quota volume be held as a Oaninunity 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
                                                                                          Z
 ---pagebreak---                                           Proposal for a
                                     COUNCIL REGULATION (EEC) No . . / 8 9
                                                     of
                  opening and providing for the administration of a Community tariff quota for
                                  beer made from malt originating in Malta C1990)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            all imports of the product in question into all the
                                                                   Member States until the quota is exhausted ; whereas it is
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                  whereas, i t i s a p p r o p r i a t e to take the
thereof,                                                          necessary measures to ensure efficient Community
                                                                  administration of this t a r i f f quota while offering the
Having regard to the proposal from the Commission,               Member States the opportunity to draw from the quota volune
                                                                 the necessary quantities corresponding to actual imports;
Whereas the Supplementary Protocol to the Agreement              whereas this method of adninistration requires close
establishing an Association between the European                  cooperation between the Member States and the Commission;
Economic Community and Malta (') provides, in an
Exchange of Letters annexed to the said Protocol, that              Whereas, since the Kingdom of Belgium, the Kingdom of
beer made from malt falling within CN code 2203 00,                 the Netherlands and the Grand Duchy of Luxembourg
originating in Malta, may be imported into the                      are united within and jointly represented by the Benelux
Community free of duty within the limits of an annual               Economic Union, any operation concerning the adminis-
Community tariff quota of 5 000 hectolitres ; whereas the           tration of the quota
tariff quota in question should therefore be opened for             may be carried out by any one of its members,
 the period from 1 January to 31 December
  1990.
             whereas in the context of the said quota, the
Kingdom of Spain and the Portuguese Republic will                   HAS ADOPTED THIS REGULATION
apply customs duties calculated in accordance with the
said Protocol to the Agreement establishing an
Association between the European Economic Community
and Malta consequent on the accession of the Kingdom                                        Article 1
of Spain and the Portuguese Republic to the
Community (2) ;
                                                              From 1 January to 31 December 1990, the customs duty
                                                                    applicable to imports into the Community of beer made
Wheres equal and continuous access to the quota should              from malt originating in Malta shall be suspended at the
be ensured for all Community importers and the rates                levels indicated below and within the limits of
laid down for the quota should be applied consistently to           Community 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
 (') OJ No L 81, 23. 3. 1989, p. 2.
(*) OJ No L 81. 23. 3. 1989, p. 11.
                                                                                                                              X
 ---pagebreak---                                                            - c -
Within the limits of this tariff quota, the Kingdom of         If the quantities requested are greater than the available
Spain and the Portuguese Republic shall apply customs          balance of the tariff quota, allocation shall be made on a
duties calculated in accordance with the relevant              pro rata basis with respect to the requests. Member States
provisions of the Protocol to the Association Agreement        shall be informed by the Commission of the drawings
between the European Economic Community and Malta              made.
consequent on the accession of Spain and Portugal.
                                                                                         Article 4
                         Article 2
The tariff quota referred to in Article 1 shall be              Each Member State shall ensure that importers
administered by the Commission, which may take any             of the product concerned have equal and con-
appropriate measure with a view to ensuring the efficient      tinuous access to the quota for such time as
administration thereof.                                         the residual balance of the quota volume so
                                                               permits .
                         Article 3
If an importer presents, in a Member State, a declaration
of entry into free circulation including a request for
preferential benefit for a product covered by this
Regulation, and if this declaration is accepted by the
customs authorities, the Member State concerned shall
draw, from the tariff quota, by means of notification to
the Commission, a quantity corresponding to these needs.
The requests for drawing, with the indication of the date
                                                                                          Article 5
of acceptance of the said declaration, must be
communicated to the Commission without delay.                   The Member States and the Commission shall cooperate
                                                                closely to ensure that this Regulation is complied with.
The drawings are granted by the Commission on the basis
of the date of acceptance of the declaration of entry into
free circulation by the customs authorities of the Member                                 Article 6
State concerned, to the extent that the available balance       This Regulation shall enter into force on
so permits.                                                     1st January 1990.
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.      It shall apply with effect from 1 April 1989.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                              The President
                                                                                                                          h
 ---pagebreak--- FICHE FINANCIERE
1.      Ligne budgétaire concernée : Chap. 12 art.120
2.      Base juridique : art. 113 du traité
3.      Intitulé de la mesure tarifaire : Proposition de règlement du
        Conseil portant ouverture, et mode de gestion d'un contingent
        tarifaire communautaire de bières de malt, relevant du code
        NC 2203 00, originaires de Malte (1990).
4.      Objectif : Exécution d'une obligation contractuelle (Accord
        CEE/Malte).
5.      Mode de calcul :
        Codes NC               2203 00
        Volume du contingent     5 000 hl
        Droit à appliquer        0%
        Droit de la NC.          7,2%
        Prix 0                  47,16 ECU/hl
6.      Perte de recettes :
        La perte de recettes à inscrire pour l'année 1990 s'élève à
         16 978 ECU.
        En 1989 une perte de 12 733 ECU a été inscrite.
                                                                      ç
                                                                      w
 ---pagebreak---               FICHE D'IMPACT SUR LA COMPETITIVITE ET L'EMPLOI
Cette proposition est formulée en conformité avec un engagement contractuel
de la Communauté. L'impact découlant de cette concession a été pris en
considération lors de la prise de décision d'adoption de ce contingent et
il n'aura pas un caractère sérieux sur la compétitivité et l'emploi dans la
Communauté.
                                                                            6
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 350 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of a Community tariff quota
for beer made from mart originating in Malta (1990)
(submitted to the Council by the Commission)
 13.7.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 6 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-52045-0
Catalogue number: CB-CO-89-315-EN-C
 ---pagebreak---                                            ISSN 0254-1475
COM(89) 350 final
Proposal for a
COUNCIL REGULATION (EEC)
opening and providing for the administration of
a Community tariff quota for beer made from
malt originating in Malta (1990)
(submitted to the Council by the Commission)
 11     02                                13.7.1989
Catalogue number: CB-CO-89-315-EN-C
ISBN 92-77-52045-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES