EN Official Journal of the European Communities 26. 2. 98 L 56/3
COMMISSION REGULATION (EC) No 439/98
of 25 February 1998
fixing the representative prices and the additional import duties for molasses in
the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of themarket in sugar (
1), as last amended by Regulation (EC)
No 1599/96 (2),
Having regard to Commission Regulation (EC) No
1422/95 of 23 June 1995 laying down detailed rules ofapplication for imports of molasses in the sugar sectorand amending Regulation (EEC) No 785/68 (
3), and in
particular Articles 1 (2) and 3 (1) thereof,
Whereas Regulation (EC) No 1422/95 stipulates that the
cif import price for molasses, hereinafter referred to asthe ‘representative price', should be set in accordancewith Commission Regulation (EEC) No 785/68 (
4);
whereas that price should be fixed for the standardquality defined in Article 1 of the above Regulation;
Whereas the representative price for molasses is calcu-
lated at the frontier crossing point into the Community,in this case Amsterdam; whereas that price must be basedon the most favourable purchasing opportunities on theworld market established on the basis of the quotationsor prices on that market adjusted for any deviations fromthe standard quality; whereas the standard quality formolasses is defined in Regulation (EEC) No 785/68;
Whereas, when the most favourable purchasing oppor-
tunities on the world market are being established,account must be taken of all available information onoffers on the world market, on the prices recorded onimportant third-country markets and on sales concludedin international trade of which the Commission is aware,either directly or through the Member States; whereas,under Article 7 of Regulation (EEC) No 785/68, theCommission may for this purpose take an average ofseveral prices as a basis, provided that this average isrepresentative of actual market trends;
Whereas the information must be disregarded if the
goods concerned are not of sound and fair marketablequality or if the price quoted in the offer relates only to asmall quantity that is not representative of the market;whereas offer prices which can be regarded as not rep-
resentative of actual market trends must also be dis-regarded;
Whereas, if information on molasses of the standard
quality is to be comparable, prices must, depending onthe quality of the molasses offered, be increased orreduced in the light of the results achieved by applyingArticle 6 of Regulation (EEC) No 785/68;
Whereas a representative price may be left unchanged by
way of exception for a limited period if the offer pricewhich served as a basis for the previous calculation of therepresentative price is not available to the Commissionand if the offer prices which are available and whichappear not to be sufficiently representative of actualmarket trends would entail sudden and considerablechanges in the representative price;
Whereas where there is a difference between the trigger
price for the product in question and the representativeprice, additional import duties should be fixed under theconditions set out in Article 3 of Regulation (EC) No1422/95; whereas should the import duties be suspendedpursuant to Article 5 of Regulation (EC) No 1422/95,specific amounts for these duties should be fixed;
Whereas application of these provisions will have the
effect of fixing the representative prices and the addi-tional import duties for the products in question as setout in the Annex to this Regulation;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the ManagementCommittee for Sugar,
HAS ADOPTED THIS REGULATION:
Article 1
The representative prices and the additional duties
applying to imports of the products referred to in Article1 of Regulation (EC) No 1422/95 are fixed in the Annexhereto.
Article 2
This Regulation shall enter into force on 26 February
1998.(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 206, 16. 8. 1996, p. 43.
(3) OJ L 141, 24. 6. 1995, p. 12.
(4) OJ L 145, 27. 6. 1968, p. 12.
EN OfficialJournaloftheEuropeanCommunities 26.2.98 L56/4
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicableinallMember
States.
DoneatBrussels,25February1998.
FortheCommission
FranzFISCHLER
MemberoftheCommission
ANNEX
fixingtherepresentativepricesandadditionalimportdutiesapplyingtoimportsofmolassesin
thesugarsector
CNcodeAmountoftherepresentative
priceinECUper100kgnetof
theproductinquestionAmountoftheadditional
dutyinECUper100kgnetof
theproductinquestionAmountofthedutytobe
appliedtoimportsinECU
per100kgnetofthe
productinquestion
becauseofsuspensionas
referredtoinArticle5of
Regulation(EC)No1422/95(2)
17031000(1) 7,40 0,00 ¾
17039000(1) 9,21 ¾ 0,00
(1)ForthestandardqualityasdefinedinArticle1ofamendedRegulation(EEC)No785/68.
(2)Thisamountreplaces,inaccordancewithArticle5ofRegulation(EC)No1422/95,therateoftheCommonCustoms
Tariffdutyfixedfortheseproducts.