1995R1422 — EN — 21.01.2003 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No1422/95
of23June1995
laying down detailed implementing rules for the import of molasses in the sugar sector and
amendingRegulation(EEC)No785/68
(OJ L 141, 24.6.1995, p. 12)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 79/2003 of 17 January 2003 L 13 4 18.1.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No1422/95
of23June1995
layingdowndetailedimplementingrulesfortheimportofmolasses
inthesugarsectorandamendingRegulation(EEC)No785/68
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),
aslas t amended by Regulation (EC) No 1101/95 (2), and in particular
Articles14 (2), 15 (4), 15a, 16 (4) and 39 thereof,
Whereas, as a result of the Agreement on Agriculture concluded as part
of the Uruguay Round of multilateral trade negotiations, hereinafter
referred to as‘the Agreement’, certain Community ruleson importsneed to be adjusted from 1 July 1995 in the sugar sector, and in parti-cular with regard to molasses;
Whereas, since the Agreement converts all measures restricting imports
of agricultural productsinto ratesof dutiesof the common cus toms
tariff, hereinafter referred to as ‘customs tariff duties’, the variable
import leviesprovided for by the common organization of the marketsin the sugar sector must be abolished; whereas this will entail theestablishment of special detailed implementing rules for the suspensionof import duties, the establishment of additional import duties, herein-after referred to as‘additional duties ’, and the determination of the cif
prices of beet molasses and cane molasses;
Whereas it is desirable that the implementation of these rules, which is
the responsibility of the Member States, should be carried out in themost centralized manner possible;
Whereas to enable the best possible management and the necessary
transparency for operators on the molasses market, provision shouldbe made for, firstly, determining and fixing each week, in accordancewith Commission Regulation (EEC) No 785/68 of 26 June 1968 deter-
mining the standard quality and laying down detailed rules for
calculating the cif price for molasses (
3), the cif prices for molasses
referred to in Article 15 (3) of Regulation (EEC) No 1785/81, herein-after referred to as ‘representative prices’, on the world market formolasses and, secondly, establishing additional duties pursuant to therelevant provisions of the Agreement; whereas for these purposes, and
having regard to the production shortfall in the Community, it is desir-
able to provide that, when the conditionslaid down in Article 14 (2) ofRegulation (EEC) No 1785/81 are fulfilled, the suspension of importduties shall apply immediately, except where a decision is taken tothe contrary where there is a risk of any disturbance on the Community
molasses market as a result of that suspension;
Whereas Commission Regulation (EEC) No 1389/90 (
4) establishes
arrangementsfor the adminis tration of a Community quota of 600 000
tonnes of molasses originating in the African, Caribbean and PacificStates or in the overseas countries and territories, within which quotaa reduced levy would be applied to importsinto the Community;whereas for the same reasons as set forth above, that levy should be
converted into an import duty; whereas, however existing administra-
tive conditions should be maintained; whereas since, from 1 July1995, the import duty on molasses will be lower than the levy whichcould be applied before that date, the import duty on the abovemen-tioned quota should be set at zero and it should not be permitted toimpose additional duties on that quota;1995R1422 — EN — 21.01.2003 — 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. 12.
(4) OJ No L 133, 24. 5. 1990, p. 41.
▼B
Whereas Commission Regulations (EEC) No 1411/70 (1) and (EEC) No
1389/90 should therefore be repealed with effect from 1 July 1995;
Whereas trends in the import of molasses into the Community show
that the port of Amsterdam has become the Community frontier
crossing point; whereas Regulation (EEC) No 785/68 should therefore
be amended;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
1. The additional dutiesreferred to in Article 24(1) of Regulation
(EC) No 1260/2001 shall be applied to molasses falling within CN
codes1703 10 00 and 1703 90 00.
2. For the purposes of this Regulation, representative prices for
molasses on the world market or on the Community import market asreferred to in Article 24(3) of Regulation (EC) No 1260/2001 shallmean the cif prices for those products established and fixed by theCommission in accordance with Regulation (EEC) No 785/68.
Those prices shall be fixed every two weeks in accordance with the
procedure laid down in Article 42(2) of Regulation (EC) No 1260/
2001. The Commission may amend them during that two-week period
every Thursday where the information available to it indicates a changein the representative prices previously fixed of at least EUR 0,5 per100 kilograms. Member States shall send the Commission byWednesday of each week the information referred to in Article 3 ofRegulation (EEC) No 785/68 at their disposal.
3. When the Commission is unable to establish a representative
price specific to beet molasses falling within CN code 1703 90 00 for
a particular week because of lack of information on the purchase possi-bilities for this type of molasses, the specific representative pricepreviously in force shall continue to apply.
However, this representative price shall not apply for a period of more
than four weeks. After that, the representative price for beet molassesfalling within CN code 1703 90 00 shall be established on the basis of
the representative price in force for cane molasses under CN code
1703 10 00 plusa flat rate of ECU 0,30 per 100 kilograms , takingaccount of the trigger price for beet molasses.
Article 2
For 100 kilograms of molasses of the standard quality referred to in
Article 1 of Regulation (EEC) No 785/68, the trigger price referred toin Article 15 (2) of Regulation (EEC) No 1785/81 shall be equivalentto:
(a) ECU 7,90 for molasses falling within CN code 1703 10 00;
(b) ECU 8,20 for molasses falling within CN code 1703 90 00.
Article 3
1. The amount of the additional dutiesfor each of the typesof
molasses referred to in Article 1 (1) resulting from the application ofthe relevant representative price shall be fixed every week at the sametime as the representative prices, as laid down in paragraph 2.1995R1422 — EN — 21.01.2003 — 001.001 — 3
(1) OJ No L 156, 17. 7. 1970, p. 29.▼M1
▼B
▼B
2. Where the difference between the relevant trigger price referred
to in Article 2 and the cif import price to be taken into considerationto establish the additional duty as laid down in Article 4:
(a) is 10 % or less of the trigger price, the additional duty shall be
zero;
(b) ismore than 10 % but les sthan or equal to 40 % of the trigger
price, the additional duty shall be 30 % of the amount over and
above 10 %;
(c) ismore than 40 % but les sthan or equal to 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) ismore than 60 % but les sthan or equal to 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 referredto under (b) and (c);
(e) ismore than 75 % of the trigger price, the additional duty s hall be
90 % of the amount over and above 75 %, to which shall be added
the additional dutiesreferred to under (b), (c) and (d).
Article 4
1. Where there isno reques t of the kind referred to in paragraph 2,
or where the cif import price of the consignment referred to in para-graph 2 islower than the relevant repres entative price fixed by theCommission, the cif import price of that consignment to be taken into
consideration for the imposition of an additional duty shall be the
representative price referred to in Article 1 (2) or (3).
2. The importer may, upon request made to the competent authority
in the importing Member State at the time of acceptance of the importdeclaration, have the cif import price of the consignment in question,
converted into standard quality molasses as defined in Article 1 of
Regulation 785/68, applied for the purposes of establishing the addi-tional duty where the abovementioned cif price ishigher than theapplicable representative price referred to in Article 1 (2) or (3).
The cif import price of the consignment in question shall be converted
into the price of molasses of the standard quality by adjustment
pursuant to Article 6 of Regulation (EEC) No 785/68.
In such cases the application of the cif import price of the consignment
in question shall apply for the purposes of establishing the additionalduty provided that the interested party submits to the competent autho-ritiesof the importing Member State at leas t the following evidence:
— the contract of purchase or equivalent proof,
— the insurance contract,— the invoice,— the transport contract (where applicable),
— the certificate of origin,
— and in the case of sea transport, the bill of lading,
within thirty daysof 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 been lodged, the additional duty in question
as fixed by the Commission shall apply.1995R1422 — EN — 21.01.2003 — 001.001 — 4
▼B
However, the difference between the relevant additional duty asfixed
by the Commission and the additional duty established on the basis ofthe cif import price of the consignment in question shall give use, at
the request of the interested party, to the lodging by the latter of a
security pursuant to Article 248 of Commission Regulation (EEC) No2454/93 (
1).
The security shall be released as soon as the competent authority of the
importing Member State accepts the request on the basis of evidencesubmitted by the interested party.
The competent authority in the Member State concerned shall reject the
request if it judges that it is not justified by the evidence submitted.
If the request is not accepted by the authority, 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 the
relevant product quantitiesand duties .
Article 5
Where the representative price referred to in Article 1 (2) plus the
import duty applicable to cane molasses falling within CN code
1703 10 00, or to beet molasses falling within CN code 1703 90 00,together exceed, for the product in question, the price that served as abasis, for the marketing year in question, for determining revenue fromsales of molasses pursuant to the provisions of Article 14 (2) of Regu-lation (EEC) No 1785/81, then the import duties shall be suspended
and shall be replaced by the amount of the difference found by the
Commission. This amount shall be fixed at the same time as the repre-sentative prices referred to in Article 1 (2).
However, where there is a risk that suspension of import duties may
have adverse effects on the Community market in molasses, provisionmay be made for not applying that suspension for a specific period inaccordance with the same procedure.
Article 6
1. The import duty applicable to cane molasses falling within CN
code 1703 10 00, or to beet molasses falling within CN code1703 90 00 originating in the ACP states shall be reduced to zero upto a quota limit of 600 000 tonnesper marketing year.
2. For the purposes of this Article, the concept of ‘originating
product’ and the administrative cooperation methods shall be those
laid down in Protocol No 1 annexed to the Fourth ACP-EEC Lomé
Convention.
3. To obtain the preferential benefit, the importer shall submit to the
competent authoritiesof the importing Member State a declaration ofentry into free circulation including an application for the benefit forthe product covered by thisRegulation. If the declaration isacceptedby the competent authoritiesin the Member State, thos e authorities
shall notify the Commission of the applications for drawing from the
quota involved.
4. The applicationsfor drawing bearing the date of acceptance of
the declaration of entry into free circulation shall be communicated tothe Commission without delay.
5. The drawings shall be granted by the Commission on the basis of
the date of acceptance of the declarationsof entry into free circulationby the competent authoritiesof the importing Member State to theextent that the available balance so permits.1995R1422 — EN — 21.01.2003 — 001.001 — 5
(1) OJ No L 253, 11. 10. 1993, p. 1.
▼B
Any drawing not used shall be returned as soon as possible to the quota
for the marketing year for which it wasgranted.
Where the quantitiesapplied for are larger than the available balance of
the quota, allocationss hall be made on a pro rata basis with respect to
the applications. The Commission shall inform the Member States assoon as possible of the drawings made.
6. Each Member State shall guarantee to the importers of the
product in question equal and continuous access to the quota in so farasthe balance of quota volume remaining permits .
Article 7
In Article 5 (1) and (2) of Regulation (EEC) No 785/68, ‘Rotterdam’
shall be replaced by ‘Amsterdam’.
Article 8
Regulations(EEC) No 1411/70 and (EEC) No 1389/90 are hereby
repealed.
Article 9
ThisRegulation s hall enter into force on 1 July 1995.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R1422 — EN — 21.01.2003 — 001.001 — 6