CELEX: 51991PC0251
Language: en
Date: 1991-07-12
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 ( 1992 )

COMMISSION OF THE EUROPEAN COIVMUNITIES
                                        C0M(91) 251 final
                                        Brussels, 12 July 1991
                             Proposal for a
                       milNiriL REGULATION fEEC)
    opening and providing for the administration af a Community
        tariff quota for beer made from malt, originating in
                             Malta (1992)
                     (presented by the Commission)
 ---pagebreak---                                 ~z-
                        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 1992.
2. Within the limits of the tariff quota, Spain and Portugal will
   apply customs 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 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.
 ---pagebreak---                                                           -3-
                                                    Proposal for a
                                     COUNCIL REGULATION (EEC) No                       /91
                                                 of
                 opening and providing for die administration of a Community tariff quota for
                                   beer made from malt originating in Malta (199 2)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           laid down for the quota should be applied consistently to
 Having regard to the Treaty establishing the European             all imports of the product in question into all the
 Economic Community, and in particular Article 113                 Member States until the quota is exhausted ; whereas it is
 thereof,                                                          appropriate to take the necessary measures to ensure
                                                                   efficient Community administration of this tariff quota
 Having regard to > the proposal from the Commission,              while offering the Member States the opportunity to draw
Whereas the Supplementary Protocol to the Agreement                from the quota volume the necessary quantities corres-
establishing an Association between the European                   ponding to actual imports ; whereas this method of
Economic Community and Malta (') provides, in an                   administration requires close cooperation between the
Exchange of Letters annexed to the said Protocol, that             Member States and the Commission ;
beer made from malt falling within CN code 2203 00,                Whereas since the Kingdom of Belgium, the Netherlands
originating in Malta, may be imported into the                     and the Grand Duchy of Luxembourg are united within
Community free of duty within the limits of an unnunl              and jointly represented by the Benelux économie Union,
Community tariff quota of 5 000 hectolitres ; whereas the          any operation concerning the administration 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 1992 ;
whereas in the context of the said quota, the Kingdom of
Spain and the Portuguese Republic will apply customs               HAS ADOPTED THIS REGULATION : '
duties calculated in accordance with the said Protocol to
the Agreement establishing an Association between the                                      Article 1
European Economic Community and Malta consequent                   From 1 January to 31 December 1992 the customs duty
on the accession of the Kingdom of Spain and the                   applicable to imports into the Community of beer made
Portuguese Republic to the Community (2) ;                         from malt originating in Malta shall be suspended at the
Whereas equal and continuous access to the quota should            levels indicated below and within the limits of
be ensured for all Community importers and the rates               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
Within the limits of this tariff quota, the Kingdom of                                     Article 3
Spain and the Portuguese Republic shall apply customs
duties calculated in accordance with the relevant
provisions of the Protocol to the Association Agreement            If an importer presents, in a Member State, a declaration
between the European Economic Community and Malta                  of entry into free circulation including a request for
consequent on the accession of Spain and Portugal.                 preferential benefit for a product covered by this
                                                                   Regulation, and if this declaration is accepted by the
                         Article 2                                 customs authorities, the Member State concerned shall
The tariff quota referred to in Article 1 shall be                 draw, from the tariff quota, by means of notification to
administered by the Commission, which may take any                 the Commission, a quantity corresponding to these needs.
appropriate measure with a view to ensuring the efficient
administration thereof.
                                                                   The requests for drawing, with the indication of the date
(') OJ No L 81, 23. 3. 1989, p. 2.                                 of acceptance of the said declaration, must be
0 OJ No L 81, 23. 3. 1989, p. 11.                                  communicated to the Commission without delay.
 ---pagebreak---                                                            -M
The drawings are granted by the Commission on the basis                                   Article 4
of the date of acceptance of the declaration of entry into
free circulation by the customs authorities of the Member       Each Member State shall ensure that importers of the
State concerned, to the extent that the available balance       product concerned have equal and continuous access to
so permits.                                                     the quota for such time as the residual balance of the
                                                                quota volume so permits.
If a Member State does not use the quantities drawn, it
shall return them as soon as possible to the tariff quota.                                Article 5
                                                                The Member States and the Commission shall cooperate
If the quantities requested are greater than the available      closely to ensure that this Regulation is complied with.
balance of the tariff quota, allocation shall be made on a
pro rata basis with respect to the requests. Member States                               •Article 6
shall be informed by the Commission of the drawings
made.                                                           This Regulation shall enter into force on 1 January 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels,
                                                                            For the Council
                                                                             The President
 ---pagebreak---                                      9-
 FICHE FINANCIERE
1.     LIone budgétaire concerné : Chap. 12 art. 120
2.     Base lurid loue : 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 (1992).
4.     Objectif : Exécution d'une obligation contractuelle (Accord
       CEE/Malte).
5.     Mode de calcul :
       Codes NC   : 2203 00
       Volurne.du contingent : 5 000 h
       Droit à appliquer : 0 X
       Droit de la NC     : 7,2 %
       Prix 0 : 51,70 ECU/hI
6.     Perte de recettes :
       La perte de recettes à inscrire pour l'année 1992 s'élève à 18.612
       ECU.
       En 1991 une perte de 15.606 ECU a été inscrite.
       (Prix 0 43,35 ECU/hl).
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 251 final
                                                      DOCUMENTS
EN                                                                              02
                                 Catalogue number : CB-CO-91-297-EN-C
                                                             ISBN 92-77-73982-7
Office for Official Publications of the European Communities
L^2985 Luxembourg