EN Official Journal of the European Communities 25. 2. 1999 L 49/20
COMMISSION REGULATION (EC) No 401/1999
of 24 February 1999
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 1148/98 (2),
Having regard to Commission Regulation (EC) No 1422/
95 of 23 June 1995 laying down detailed rules of applica-tion for imports of molasses in the sugar sector andamending Regulation (EEC) No 785/68 (
3), and in partic-
ular Articles 1 (2) and 3 (1) thereof,
Whereas Regulation (EC) No 1422/95 stipulates that the
cif import price for molasses, hereinafter referred to as the‘representative price', should be set in accordance withCommission Regulation (EEC) No 785/68 (
4); whereas
that price should be fixed for the standard quality definedin 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 quotations orprices on that market adjusted for any deviations from thestandard quality; whereas the standard quality formolasses is defined in Regulation (EEC) No 785/68;
Whereas, when the most favourable purchasing opportun-
ities on the world market are being established, accountmust be taken of all available information on offers onthe world market, on the prices recorded on importantthird-country markets and on sales concluded in inter-national trade of which the Commission is aware, eitherdirectly or through the Member States; whereas, underArticle 7 of Regulation (EEC) No 785/68, the Commis-sion may for this purpose take an average of several pricesas a basis, provided that this average is representative ofactual 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 25 February
1999.(1) OJ L 177, 1. 7. 1981, p. 4.
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 141, 24. 6. 1995, p. 12.
(4) OJ L 145, 27. 6. 1968, p. 12.
EN Official Journal of the European Communities 25. 2. 1999 L 49/21
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 24 February 1999.
For the Commission
Franz FISCHLER
Member of the Commission
ANNEX
fixing the representative prices and additional import duties applying to imports of molasses in
the sugar sector
CN codeAmount of the representative
price in EUR per 100 kg net of
the product in questionAmount of the additional
duty in EUR per 100 kg net of
the product in questionAmount of the duty to be
applied to imports in EUR
per 100 kg net of the
product in question
because of suspension as
referred to in Article 5 of
Regulation (EC) No 1422/95 (2)
1703 10 00 (1) 6,23 0,26 —
1703 90 00 (1) 7,94 — 0,27
(1) For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.
(2) This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff
duty fixed for these products.