CELEX: 31990R1854
Language: en
Date: 1990-06-30 00:00:00
Title: Commission Regulation (EEC) No 1854/90 of 29 June 1990 fixing the import levy on molasses

30 . 6 . 90                             Official Journal of the European Communities                             No L 168 /45
                                      COMMISSION REGULATION (EEC) No 1854/90
                                                       of 29 June 1990
                                            fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       standard quality for molasses was defined by Regulation
                                                                  (EEC) No 785/68 of the Commission of 26 June 1968
Having regard to the Treaty establishing the European             determining the standard quality and laying down
Economic Community,                                               detailed rules for calculating the cif price for molasses (*) ;
Having regard to the Act of Accession of Spain and                Whereas, when the most favourable purchasing opportu­
Portugal,                                                         nities on the world market are being established, the
                                                                  Commission must take account of all available informa­
Having regard to Council Regulation (EEC) No 1785/81              tion on offers on the world market, on quotations on the
of 30 June 1981 on the common organization of the                 exchanges which are important for world trade, on prices
market in sugar ('), as last amended by Regulation (EEC)          recorded on important third-country markets and on sales
No 1069/89 (2), and in particular Article 16 (8) thereof,         concluded in international trade of which it has know­
                                                                  ledge, either directly or through the agency of the
                                                                  Member States ; whereas, under the terms of Article 7 of
Having regard to the opinion of the Monetary Committee,           Regulation (EEC) No 785/68, the Commission may for
                                                                  this purpose take an average of several prices as a basis,
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81             provided this average can be regarded as being representa­
provides for charging a levy on imports of the products           tive of actual market trends ;
listed in Article 1 (1 ) (c) of that Regulation ;
Whereas the import levy on molasses must be equal to              Whereas the Commission must disregard information if
the threshold price less the cif price ; whereas the              the goods concerned are not of sound and fair marketable
threshold price for molasses was fixed by Council Regula­         quality or if the price quoted in an offer relates to a small
tion (EEC) No 1313/90 of 14 May 1990 fixing, for the              quantity and is not representative of the market ; whereas
1990/91 marketing year, the derived intervention prices           offer prices which can be regarded as not representative of
for white sugar, the intervention price for raw sugar, the        actual market trends must also be disregarded ;
minimum prices for A and B beet, the threshold prices,
the amount of compensation for storage costs and the
                                                                  Whereas any prices or offer taken into consideration
prices to be applied in Spain and Portugal (3) ;                  which are not for delivery cif Rotterdam must be adjusted,
                                                                  account being taken in particular of the differences in the
Whereas the threshold prices fixed by the Council have            cost of transporting the goods between the port of loading
been reduced by Commission Regulation (EEC) No                    and the port of destination and between the port of
 1738/90 (4) determining the prices and amounts in ecus            loading and Rotterdam ;
applicable in the sugar sector for the 1990/91 marketing
year wich are reduced as a result of the monetary realign­
ment of 5 January 1990 ;                                          Whereas, if information on molasses of the standard
                                                                   quality is to be comparable, prices must, depending on
Whereas the cif price for molasses is calculated by the            the quality of the molasses offered, be increased or
Commission for a Community frontier crossing point                 reduced in the light of the results obtained by applying
which was fixed at Rotterdam by Regulation (EEC) No               Article 6 of Regulation (EEC) No 785/68 ;
431 /68 of the Council of 5 April 1968 determining the
standard quality for raw sugar and fixing the Community
frontier crossing point for calculating cif prices for             Whereas the cif price may, by way of exception, be left
sugar (^ ;                                                         unchanged for a limited period if the offer price which
                                                                   served as a basis for the previous calculation of the cif
                                                                   price is not available to the Commission and if the offer
Whereas this price must be based on the most favourable            prices which are available and which appear not to be
purchasing opportunities on the world market established           sufficiently representative of actual market trends would
for each product on the basis of quotations or prices on           entail sudden and considerable changes in the cif price ;
that market adjusted for any deviation from the standard
quality for which the threshold price is fixed ; whereas the
                                                                   Whereas the levy must be fixed each week ; whereas
(') OJ   No L 177, 1 . 7. 1981 , p. 4.                             pursuant to Article 5 of Regulation (EEC) No 837/68 of
0   OJ   No L 114, 27. 4. 1989 , p. 1 .                            the Commission of 28 June 1968 on detailed rules for the
(3) OJ   No L 132, 23. 5. 1990, p. 3.
(") OJ   No L 161 , 27. 6. 1990, p. 27.
0   OJ   No L 89, 10. 4. 1968, p. 3 .                              0 OJ No L 145, 27. 6. 1968, p. 12.
 ---pagebreak--- No L 168/46                               Official Journal of the European Communities                                  30. 6. 90
application of levies on sugar ('), as last amended by Regu­            these currencies recorded over a given period in rela­
lation (EEC) No 1428/78 (2), the levy is altered only if the            tion to the Community currencies referred to in the
variation in the elements used to calculate it would entail             previous indent and the aforesaid correcting factor ;
an increase or a reduction of not less than ECU 0,06 per
100 kilograms in relation to the levy previously fixed ;            Whereas it follows from applying these provisions that
                                                                    the levy for molasses should be as set out in the Annex
Whereas in accordance with Article 21 (1 ) of Regulation            hereto,
(EEC) No 1785/81 , the nomenclature provided for in this
Regulation is incorporated in the Common Customs
Tariff ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas if the levy system is to operate normally, levies
should be calculated on currencies on the following basis :
                                                                                             Article 1
— in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band           The import levy referred to in Article 16 ( 1 ) of Regulation
     of 2,25 %, a rate of exchange based on their central           (EEC) No 1785/81 is now ECU 0,48 per 100 kilograms in
     rate, multiplied by the correcting factor provided for         respect of molasses falling within CN codes 1703 10 00
     in the last subparagraph of Article 3 (1 ) of Council          and 1703 90 00.
     Regulation (EEC) No 1676/85 0, as last amended by
     Regulation (EEC) No 1 636/87 (4),
                                                                                             Article 2
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of            This Regulation shall enter into force on -1 July 1990 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 June 1990 .
                                                                              For the Commission
                                                                               Ray MAC SHARRY
                                                                          Member of the Commission
 (>) OJ  No  L  151 , 30. 6. 1968, p. 42.
 (2) OJ  No  L  171 , 28. 6. 1978, p. 34.
 0   OJ  No  L  164,  24. 6. 1985, p. 1.
 (4) OJ  No  L  153,  13. 6. 1987, p. 1.