Commission Regulation (EC) No 289/2004 of 19 February 2004 fixing the representative prices and the additional import duties for molasses in the sugar sector
Date: 2004-02-19
Institutions: European Commission
Subjects: customs duties, import, molasses, representative price

20.2.2004

EN

Official Journal of the European Union

L 50/3

COMMISSION REGULATION (EC) No 289/2004

of 19 February 2004

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 European
Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the market in
sugar (1),

Having regard to Commission Regulation (EC) No 1422/95 of
23 June 1995 laying down detailed rules of application for
imports of molasses in the sugar sector and amending Regu-
lation (EEC) No 785/68 (2), and in particular Article 1(2) and
Article 3(1) thereof,

Whereas:

(5)

(6)

quantity that is not representative of the market. Offer
prices which can be regarded as not representative of
actual market trends must also be disregarded.

If information on molasses of the standard quality is to
be comparable, prices must, depending on the quality of
the molasses offered, be increased or reduced in the light
of the results achieved by applying Article 6 of Regu-
lation (EEC) No 785/68.

A representative price may be left unchanged by way of
exception for a limited period if the offer price which
served as a basis for the previous calculation of the
representative price is not available to the Commission
and if the offer prices which are available and which
appear not to be sufficiently representative of actual
market
trends would entail sudden and considerable
changes in the representative price.

(1)

(2)

the cif
Regulation (EC) No 1422/95 stipulates that
import price for molasses, hereinafter referred to as the
‘representative price’, should be set in accordance with
Commission Regulation (EEC) No 785/68 (3). That price
should be fixed for the standard quality defined in
Article 1 of the above Regulation.

(7) Where there is a difference between the trigger price for
the product in question and the representative price,
additional
the
conditions set out in Article 3 of Regulation (EC) No
1422/95. Should the
suspended
pursuant to Article 5 of Regulation (EC) No 1422/95,
specific amounts for these duties should be fixed.

import duties should be fixed under

import duties be

The representative price for molasses is calculated at the
frontier crossing point into the Community, in this case
Amsterdam;
that price must be based on the most
favourable purchasing opportunities on the world
market established on the basis of the quotations or
prices on that market adjusted for any deviations from
the standard quality. The standard quality for molasses is
defined in Regulation (EEC) No 785/68.

(8)

(9)

Application of these provisions will have the effect of
fixing the representative prices and the additional import
duties for the products in question as set out in the
Annex to this Regulation.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

(3) When the most favourable purchasing opportunities on
the world market are being established, account must be
taken of all available information on offers on the world
market, on the prices recorded on important
third-
country markets and on sales concluded in international
trade of which the Commission is aware, either directly
or through the Member States. Under Article 7 of Regu-
lation (EEC) No 785/68, the Commission may for this
purpose take an average of several prices as a basis,
provided that this average is representative of actual
market trends.

(4)

The information must be disregarded if
the goods
concerned are not of sound and fair marketable quality
or if the price quoted in the offer relates only to a small

(1) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(2) OJ L 141, 24.6.1995 p. 12. Regulation as amended by Commission

Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).

(3) OJ L 145, 27.6.1968, p. 12.

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and the additional duties applying to
imports of the products referred to in Article 1 of Regulation
(EC) No 1422/95 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 20 February 2004.

L 50/4

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Official Journal of the European Union

20.2.2004

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 February 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

to the Commission Regulation of 19 February 2004 fixing the representative prices and additional import
duties to imports of molasses in the sugar sector

ANNEX

CN code

Amount of the representative price
in 100 kg net of the product in
question

Amount of the additional duty in
100 kg net of the product in
question

(in EUR)

Amount of the duty to be applied
to imports in 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)

1703 90 00 (1)

5,85

8,58

0,38

—

—

0

(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.