Proposal for a Council Directive amending Directives 69/169/EEC and 92/12/EEC as regards temporary quantitative restrictions on beer imports into Finland
27. 6. 2000 EN Official Journal of the European Communities C 177 E/93 Proposal for a Council Directive amending Directives 69/169/EEC and 92/12/EEC as regards temporary quantitative restrictions on beer imports into Finland (2000/C 177 E/15) COM(2000) 76 final - 2000/0038(CNS) (Submitted by the Commission on 23 February 2000) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 93 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament, Having regard to the opinion of Committee, the Economic and Social Whereas: (1) Article 26 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and moni- toring of such products (1), grants Finland the right to maintain a quantitative limit for beer acquisitions from other Member States of 15 litres, as laid down in the Act of Accession of Austria, Finland and Sweden, which are exempted from Finnish taxes. (2) Finland should take measures to ensure that imports of beer from third countries are not allowed under more favourable conditions from other Member States. than such imports (3) Article 26 of Directive 92/12/EEC authorises Finland until 31 December 2003 to continue to apply the same restrictions on the quantity of goods which may be further excise-duty brought payment as it applied on 31 December 1996, those restrictions being progressively removed. into its territory without (4) Articles 4 and 5 of Council Directive 69/169/EEC of 28 May 1969 on the harmonisation of provisions laid down by law, regulation or administrative action relating to exemption from turnover taxes and excise duty on imports in international travel (2), provides for allowances in respect of excisable goods contained in the personal luggage of travellers coming from countries other than Member States on condition that such imports have no commercial character. (1) OJ L 76, 23. 3. 1992, p. 1; Directive as last amended by Directive 96/99/EC (OJ L 8, 11. 1. 1997, p. 12). (2) OJ L 133, 4. 6. 1969, p. 6; Directive as last amended by Directive 94/4/EC (OJ L 60, 3. 3. 1994, p. 14). (5) The provisions of Article 26 of Directive 92/12/EEC represent a derogation from a fundamental principle of the internal market, namely the right of its citizens to transport goods purchased for their own use throughout the Community without incurring liability to new duty charges, so that it is necessary to limit its effects as far as possible. limit for beer acquisitions (6) It is appropriate, at this juncture, to raise the current from other quantitative Member States in several steps in order to align Finland gradually on the Community rules laid down in Articles 8 and 9 of Directive 92/12/EEC and to ensure a complete removal of intra-Community allowances for beer by 31 December 2003, as provided for in Article 26(1) of that Directive. (7) Finland has experienced problems in respect of alcohol policy and social and health policy, as well as public order, as a result of increased private imports inter alia of beer. (8) Finland has requested a derogation to apply a limitation than Member imports from countries other for beer States, of not less than 6 litres. (9) Account is taken of the geographical situation of Finland, the economic difficulties of Finnish retail traders located in the border regions and the considerable loss of revenues caused by the increased imports of beer from countries other than Member States. (10) It is therefore necessary to authorise Finland to apply a restriction of not less than 6 litres on beer imports from countries other than Member States. (11) It is appropriate to maintain this derogation two years longer than the restriction on beer brought to Finland from other Member States, in order to allow the Finnish retail trade to adapt to the new situation, HAS ADOPTED THIS DIRECTIVE: Article 1 In Article 5 of Directive 69/169/EEC, the following paragraph is added: 9. By way of derogation from Article 4(1), Finland shall be authorised to apply a quantitative limit of not less than 6 litres for from countries other than Member States, until 31 December 2005. í the importation of beer C 177 E/94 EN Official Journal of the European Communities 27. 6. 2000 Article 2 In the second subparagraph of Article 26(1) of Directive 92/12/EEC, the following sentence is added: their official publication. reference on the occasion of Member States shall determine how such reference is to be made. Finland shall increase the quantitative restrictions for beer to at least 24 litres from the entry into force of the Finnish legislation implementing Article 5(9) of Directive 69/169/EEC, to at least 32 litres from 1 January 2001 and to at least 64 litres from 1 January 2003. í Article 3 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 April 2000 at the latest. They shall forthwith inform the Commission thereof. 2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field covered by this Directive. Article 4 This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a Article 5 This Directive is addressed to the Member States