1995R1423 — EN — 27.03.1998 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No1423/95
of23June1995
layingdowndetailedimplementingrulesfortheimportofproductsinthesugarsectorotherthan
molasses
(OJ L 141, 24.6.1995, p. 16)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EC) No 2528/95 of 27 October 1995 L 258 50 28.10.1995
►M2 Commission Regulation (EC) No 1127/96 of 24 June 1996 L 150 12 25.6.1996
►M3 Commission Regulation (EC) No 624/98 of 19 March 1998 L 85 5 20.3.1998
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COMMISSIONREGULATION(EC)No1423/95
of23June1995
layingdowndetailedimplementingrulesfortheimportofproducts
inthesugarsectorotherthanmolasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June
1981 on the common organization of the markets in the sugar sector (1),
as lastamended by Regulat ion (EC) No 1101/95 (2), and in particular
Articles 14 (2), 15 (4) and 39 thereof,
Whereas, as a result of the Agreement on Agriculture concluded as part
of the Uruguay Round of multilateral trade negotiations, hereinafterreferred to as ‘the Agreement’, certain Community rules on imports inthe sugar sector need to be adjusted from 1 July 1995;
Whereas, since the Agreement converts all measures restraining
imports of agricultural products into customs duties under the common
customs tariff, hereinafter called ‘customs tariff duties’, the variableimport levies provided for by the common organization of the marketsin the sugar sector must be abolished; whereas this will entail theestablishment of special detailed implementing rules, the establishment
of additional import duties, hereinafter referred to as ‘additional
duties’, and the determination of the cif prices of sugar; whereas, inthis respect, those provisions which are the responsibility of theMember States should be applied with the greatest possible degree ofcentralization;
Whereas to ensure the best possible management and the necessary
transparency for operators on the sugar market provision must bemade for, firstly, determining and fixing each week, in accordancewith Commission Regulation (EEC) No 784/68 of 26 June 1968 layingdown detailed rules for calculating cif prices for white sugar and rawsugar (
3), the cif prices for white sugar and raw sugar referred to in
Article 15 (3) of Regulation (EEC) No 1785/81, hereinafter referred to
as ‘representative prices’, on the world market for sugar and, secondly,establishing additional duties pursuant to the relevant provisions of theAgreement;
Whereas Commission Regulation (EEC) No 837/68 (
4), as lastamended
by Regulation (EEC) No 1428/78 (5), should therefore be repealed with
effectfrom 1 July 1995;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. The additional duties referred to in Article 15 (1) of Regulation
(EEC) No 1785/81 shall be applied to the products falling within CNcodes 1701 11 10, 1701 11 90, 1701 210, 1701 12 90, 1701 91 00,
1701 99 10, 1701 99 90 and 1702 90 99.
2. For the purposes of this Regulation, representative prices for
white sugar and raw sugar on the world market or on the Communityimport market as referred to in Article 15 (3) of Regulation (EEC)No 1785/81 shall mean the cif import prices for those products estab-1995R1423 — EN — 27.03.1998 — 001.001 — 2
(1) OJ No L 177, 1. 7. 1981, p. 4.
(2) OJ No L 110, 17. 5. 1995, p. 1.
(3) OJ No L 145, 27. 6. 1968, p. 10.
(4) OJ No L 151, 30. 6. 1968, p. 42.
(5) OJ No L 171, 28. 6. 1978, p. 34.
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lished under Regulation (EEC) No 784/68, hereinafter referred to as
‘representative prices’.
These prices shall be fixed for each marketing year in accordance with
the procedure laid down in Article 41 of Regulation (EEC) No 1785/81and they may be amended during that period by the Commission if thefluctuation in the elements of the calculation produce a rise or fall of►
M3ECU 1,20 per 100 kilograms ◄or more in relation to the
representative prices fixed previously.
3. The representative price for products falling within CN code
1702 90 99 shall be the representative price fixed for white sugarapplied per 1 % of sucrose content per 100 kilograms net of theproductin quest ion.
Article 2
For 100 kilograms of net product, the trigger price referred to in Article
15 (2) of Council Regulation (EEC) No 1785/81 shall be equivalent to:
(a) ECU 53,10 for white sugar falling within CN codes 1701 99 10 and
1701 99 90 of the standard quality referred to in Article 1 of Regu-lation (EEC) No 793/72 (
1);
(b) ECU 64,7 for sugar falling within CN code 1701 91 00;
(c) ECU 54,10 for raw beetsugar falling wit hin CN code 1701 12 90
of the standard quality referred to in Article 1 of Council Regula-
tion (EEC) No 431/68 (2);
(d) ECU 41,30 for raw beetsugar falling wit hin CN code 1701 12 10
of the standard quality referred to in Article 1 of Regulation (EEC)
No 431/68;
(e) ECU 55,20 for raw cane sugar falling within CN code 1701 11 90
of the standard quality referred to in Article 1 of Regulation (EEC)No 431/68;
(f) ECU 41,80 for raw cane sugar falling within CN code 1701 11 10
of the standard quality referred to in Article 1 of Regulation (EEC)No 431/68;
(g) ECU 1,184 for the products falling within CN code 1702 90 99 per
1 % of sucrose content.
Article 3
1. The additional duties resulting from the application of the repre-
sentative price in question shall be fixed and amended for each of the
products referred to in Article 1 (1) at the same time as the representa-tive prices as indicated in paragraph 2.
2. Where the difference between the relevant trigger price referred
to in Article 2 and the cif import price to be taken into account whenestablishing the additional duty in accordance with Article 4:
(a) is 10 % or less of the trigger price, the additional duty shall be
zero;
(b) is more than 10 % but does not exceed 40 % of the trigger price,
the additional duty shall be 30 % of the amount over and above
10 %;
(c) is more than 40 % but does not exceed 60 % of the trigger price,
the additional duty shall be 50 % of the amount over and above
40 %, to which shall be added the additional duty referred to under
(b);
(d) is more than 60 % but does not exceed 75 % of the trigger price,
the additional duty shall be 70 % of the amount over and above
60 %, to which shall be added the additional duties referred tounder (b) and (c);1995R1423 — EN — 27.03.1998 — 001.001 — 3
(1) OJ No L 94, 21. 4. 1972, p. 1.
(2) OJ No L 89, 10. 4. 1968, p. 3.
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(e) is more than 75 % of the trigger price, the additional duty shall be
90 % of the amount over and above 75 %, to which shall be addedthe additional duties referred to under (b), (c) and (d).
Article 4
1. In the absence of a request as referred to in paragraph 2 or where
the cif import price of the consignment in question as referred to inparagraph 2 is less than the relevant representative price fixed by the
Commission, the cif import price of the consignment in question to be
taken into account for the imposition of an additional duty shall be therepresentative price referred to in Article 1 (2) or (3).
2. When the cif price of the consignment in question is higher than
the relevant representative price as referred to in Article 1 (2) or (3),
the importer may, on request made to the competent authority of theimporting Member State at the time of acceptance of the importdeclaration, have applied for the purposes of establishing the additionalduty either the cif import price of the consignment in question of whitesugar or raw sugar converted into the standard quality as defined,
respectively, in Article 1 of Regulation (EEC) No 793/72 and Article
1 of Regulation (EEC) No 431/68, or the equivalent price for theproduct falling within CN code 1702 90 99, as the case may be.
The cif import price of the consignment in question shall be converted
into the price of sugar of the standard quality by adjustment pursuant to
the relevant provisions of Article 5 of Regulation (EEC) No 784/68.
In such cases the cif import price of the consignment in question shall
apply for the purposes of establishing the additional duty, provided that
the interested party submits to the competent authorities of the
importing Member State at least the following evidence:
— the contract of purchase or equivalent proof,
— the insurance contract,— the invoice,
— the transport contract (where applicable),
— the certificate of origin,— in the case of maritime transport, the bill of lading,
within thirty days of the date on which the import declaration was
accepted.
The Member State in question may require any other information and
documents in support of the request. As soon as the request has beenlodged, the additional duty in question as fixed by the Commissionshall apply.
However, the difference between the additional duty in question fixed
by the Commission and the additional duty established on the basis ofthe cif import price of the consignment in question shall give rise, atthe request of the interested party, to the lodging by the latter of a
security pursuant to Article 248 of Commission Regulation (EEC)
No 2454/93 (
1).
The security shall be released as soon as the competent authority of the
importing Member State accepts the request on the basis of the
evidence supplied by the interested party.
The competent authority of the Member State shall refuse the request if
it judges that the evidence supplied does not justify it.
If the authority does not accept the request, the security shall be forfeit.
3. Each week, in respect of the preceding week, the Member States
shall inform the Commission of the imports resulting from the accep-tance of requests as referred to under paragraph 2 specifying therelevant product quantities and duties.1995R1423 — EN — 27.03.1998 — 001.001 — 4
(1) OJ No L 253, 11. 10. 1993, p. 1.
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Article 5
1. If the yield of imported raw sugar as determined in accordance
with Article 1 of Regulation (EEC) No 431/68, differs from the yield
fixed for the standard quality, the customs tariff duty for productsfalling within CN codes 1701 11 10 and 1701 12 10, and the additionalduty for products falling within CN codes 1701 11 10, 1701 11 90,1701 12 10 and 1701 12 90 to be levied per 100 kilograms of the saidraw sugar shall be calculated by multiplying the corresponding duty
fixed for raw sugar of the standard quality by a correcting coefficient.
The correcting coefficient shall be obtained by dividing the percentageof the yield of the imported raw sugar by 92.
2. For the products referred to in Article 1 (1) (d) of Regulation
(EEC) No 1785/81, the sucrose content, including other sugars
expressed as sucrose, shall be determined by the application of the
Lane and Eynon method (copper reduction method) to the solutioninverted according to Clerget-Herzfeld. The total sugar content thusdetermined shall be expressed as sucrose by multiplying by 0,95.
Notwithstanding the preceding subparagraph, the sucrose content,
including other sugars expressed as sucrose, of products containingless than 85 % sucrose or other sugars expressed as sucrose, and invert
sugar expressed as sucrose shall be determined by ascertaining the dry
matter content. The dry matter content shall be determined according tothe specific gravity of the solution diluted in a proportion of 1 to 1 byweight and, for solid products, by drying. The dry matter content shallbe expressed as sucrose by multiplying by the coefficient 1.
3. For the products referred to in Article 1 (1) (f) and (g) of Regula-
tion (EEC) No 1785/81, the dry matter content shall be determined in
accordance with the second subparagraph of paragraph 2.
4. For the products referred to in Article 1 (1) (h) of Regulation
(EEC) No 1785/81, conversion into sucrose equivalent shall be bymultiplying the dry matter determined in accordance with the secondsubparagraph of paragraph 2 by the coefficient 1,9.
Article 6
Regulation (EEC) No 837/68 is hereby repealed.
Article 7
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1995R1423 — EN — 27.03.1998 — 001.001 — 5
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▼M1
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