CELEX: 31992R1784
Language: en
Date: 1992-07-02
Title: Commission Regulation (EEC) No 1784/92 of 1 July 1992 fixing the import levy on molasses

2. 7. 92                                Official Journal of the European Communities                              No L 182/45
                                     COMMISSION REGULATION (EEC) No 1784/92
                                                        of 1 July 1992
                                            fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       431 /68 of the Council of 9 April 1968 determining the
                                                                  standard quality for raw sugar and fixing the Community
                                                                  frontier crossing point for calculating cif prices for
Having regard to the Treaty establishing the European             sugar (6) ;
Economic Community,
Having regard to Council Regulation (EEC) No 1785/81              Whereas this price must be based on the most favourable
of 30 June 1981 on the common organization of the                  purchasing opportunities on the world market established
market in sugar ('), as last amended by Regulation (EEC)           for each product on the basis of quotations or prices on
No 61 /92 (2), and in particular Article 16 (8) thereof,           that market adjusted for any deviation from the standard
                                                                   quality for which the threshold price is fixed ; whereas the
                                                                   standard quality for molasses was defined by Regulation
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81              (EEC) No 785/68 of the Commission of 26 June 1968
provides for charging a levy on imports of the products            determining the standard quality and laying down
listed in Article 1 ( 1 ) (c) of that Regulation ;                 detailed rules for calculating the cif price for molasses P) ;
Whereas, pursuant to Article 101 (1 ) of Council Decision
91 /482/EEC of 25 July 1991 on the association of the              Whereas, when the most favourable purchasing opportu­
overseas countries and territories with the European               nities on the world market are being established, the
                                                                   Commission must take account of all available informa­
Economic Community (3), no levies shall apply on
imports of products originating in the overseas countries          tion on offers on the world market, on quotations on the
and territories ; whereas, pursuant to Article 101 (4) of the      exchanges which are important for world trade, on prices
abovementioned Decision, a special amount shall be                 recorded on important third-country markets and on sales
                                                                   concluded in international trade of which it has know­
charged on imports of certain products originating in the
overseas countries and territories in order to prevent             ledge, either directly or through the agency of the
products originating from these countries and territories          Member States ; whereas, under the terms of Article 7 of
from receiving more favourable treatment than similar              Regulation (EEC) No 785/68, the Commission may for
products imported from Spain or Portugal into the                  this purpose take an average of several prices as a basis,
Community as constituted on 31 December 1985 ;                     provided this average can be regarded as being representa­
                                                                   tive of actual market trends :
Whereas the import levy on molasses must be equal to
the threshold price less the cif price ; whereas the               Whereas the Commission must disregard information if
threshold price for molasses was fixed by Council Regula­          the goods concerned are not of sound and fair marketable
tion (EEC) No 1748/92 (4) fixing, for the 1992/93 marke­           quality or if the price quoted in an offer relates to a small
ting year, the derived intervention prices for white sugar,        quantity and is not representative of the market ; whereas
the intervention price for raw sugar, the minimum prices           offer prices which can be regarded as not representative of
for A and B beet, the threshold prices, the amount of              actual market trends must also be disregarded ;
compensation for storage costs and the prices to be
applied in Spain and Portugal ;
                                                                   Whereas any prices or offer taken into consideration
Whereas Commission Regulation (EEC) No 1 700/92 (^                 which are not for delivery cif Rotterdam must be adjusted,
provisionally fixed the import levies for molasses as from         account being taken in particular of the differences in the
 1 July 1 992 ; whereas they should be adjusted to take            cost of transporting the goods between the port of loading
account of the decisions taken in respect of prices by the         and the port of destination and between the port of
Council ;                                                          loading and Rotterdam ;
Whereas the cif price for molasses is calculated by the            Whereas, if information on molasses of the standard
Commission for a Community frontier crossing point                 quality is to be comparable, prices must, depending on
which was fixed at Rotterdam by Regulation (EEC) No                the quality of the molasses offered, be increased or
                                                                   reduced in the light of the results obtained by applying
o    OJ No L  177, 1 . 7. 1981 , p. 4.                             Article 6 of Regulation (EEC) No 785/68 ;
0    OJ No L  6, 11 . 1 . 1992, p. 19.
  3) OJ No L  263, 19. 9. 1991 , p. 1 .
(4)  OJ No L  180, 1 . 7. 1992, p. 13.                             (6) OJ No L 89, 10. 4. 1968 , p. 3 .
0    OJ No L  179, 1 . 7. 1992, p. 17.                             0 OJ No L 145, 27. 6. 1968, p. 12.
 ---pagebreak--- No L 182/46                              Official Journal of the European Communities                                  2. 7. 92
Whereas the cif price may, by way of exception, be left                 Regulation (EEC) No 1 676/85 (3), as last amended by
unchanged for a limited period if the offer price which                 Regulation (EEC) No 2205/90 (4),
served as a basis for the previous calculation of the cif          — for the other currencies, an exchange rate based on an
price is not available to the Commission and if the offer               average of the ecu rates published in the Official
prices which are available and which appear not to be                   Journal of the European Communities, C series, over
sufficiently representative of actual market trends would               a period to be determined, multiplied by the coeffi­
entail sudden and considerable changes in the cif price ;               cient referred to in the preceding indent ;
Whereas the levy must be fixed each week ; whereas                 Whereas these exchange rates being those recorded on 30
pursuant to Article 5 of Regulation (EEC) No 837/68 of             June 1992,
the Commission of 28 June 1968 on detailed rules for the
application of levies on sugar ('), as last amended by Regu­        HAS ADOPTED THIS REGULATION :
lation (EEC) No 1428/78 (2), the levy is altered only if the
variation in the elements used to calculate it would entail
                                                                                             Article 1
an increase or a reduction of not less than ECU 0,06 per
100 kilograms in relation to the levy previously fixed ;            1 . The import levy referred to in Article 16 (1 ) of Regu­
                                                                    lation (EEC) No 1785/81 is now ECU 0,98 per 100 kilo­
Whereas in accordance with Article 21 (1 ) of Regulation           grams in respect of molasses falling within CN codes
(EEC) No 1785/81 , the nomenclature provided for in this            1703 10 00 and 1703 90 00.
Regulation is incorporated in the Common Customs
Tariff ;                                                            2. However, no import levy applies to OCT originating
                                                                    products according to Article 101 (1) of Decision
                                                                    91 /482/EEC.
Whereas if the levy system is to operate normally, levies
should be calculated on currencies on the following basis :
                                                                                             Article 2
— in the case of currencies which are maintained in rela­
                                                                   This Regulation shall enter into force on the day of its
     tion to each other at any given moment within a band           publication in the Official Journal of the European
     of 2,25 % , a rate of exchange based on their central          Communities.
     rate, multiplied by the correcting factor provided for
     in the last subparagraph of Article 3 ( 1 ) of Council         It shall apply with effect from 1 July 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 1 July 1992.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
(') OJ No L 151 , 30. 6. 1968, p. 42.                              0 OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 171 , 28. 6. 1978, p. 34.                                (4) OJ No L 201 , 31 . 7. 1990, p. 9.