CELEX: 31992R0357
Language: en
Date: 1992-02-15 00:00:00
Title: Commission Regulation (EEC) No 357/92 of 14 February 1992 fixing the import levies on cereals and on wheat or rye flour, groats and meal

15. 2. 92                               Official Journal of the European Communities                               No L 39/3
                                       COMMISSION REGULATION (EEC) No 357/92
                                                      of 14 February 1992
                    fixing the import levies on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        disturbances on the Community market ; whereas the
                                                                   quality of the goods offered must also be taken into
                                                                   account, whether this quality corresponds to the standard
Having regard to the Treaty establishing the European              quality fixed in Council Regulations (EEC) No 2731 /
Economic Community,                                                75 (n), as last amended by Regulation (EEC) No 2094/
                                                                   87 (u), and (EEC) No 2734/75, or whether adjustments
                                                                   need to be made by applying the coefficients of equiva­
Having regard to the Act of Accession of Spain and                 lence provided for in Commission Regulations No 158/
Portugal,                                                          67/EEC (13), as last amended by Regulation (EEC) No
                                                                   2644/91 (14), and No 159/67/EEC (1S);
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals (*), as last amended by Regulation (EEC)         Whereas the cif price is calculated for Rotterdam on the
No 3577/90 (2), and in particular Article 13(5) thereof,           basis of the abovementioned elements, offers for other
                                                                   ports being adjusted, account being taken of the correc­
                                                                   tions necessitated by the differences in transport charges
Having regard to Council Regulation (EEC) No 1676/85               in relation to Rotterdam ;
of 11 June 1985 on the value of the unit of account and
the exchange rates to be applied for the purposes of the
common agricultural policy (3), as last amended by Regu­
lation (EEC) No 2205/90 (4), and in particular Article 3           Whereas Council Regulation (EEC) No 715/90 (16), as last
thereof,
                                                                   amended by Regulation (EEC) No 523/91 (17), lays down
                                                                   the arrangements applicable on agricultural products and
Whereas the first subparagraph of Article 13(1 ) of Regu­
                                                                   certain goods resulting from the processing of agricultural
lation (EEC) No 2727/75 provides that a levy must be
                                                                   products originating in the African, Caribbean and Pacific
                                                                   States or in the overseas countries and territories :
charged on imports of the products listed in Article 1 (a),
(b) and (c) of that Regulation ; whereas the levy is equal
for each product to the threshold price less the cif price ;
                                                                   Whereas, pursuant to Article 101 (1 ) of Council Decision
                                                                   91 /482/EEC of 25 July 1991 on the association of the
Whereas, the threshold prices for cereals and for wheat            overseas countries and territories with the European
and rye flour, and wheat groats and meal, were fixed for
the 1991 / 1992, marketing year by Council Regulations
                                                                   Economic Community (18), no levies shall apply on
(EEC) No 2734/75 0, (EEC) No 1704/91 (6), (EEC) No                 imports of products originating in the overseas countries
1706/91 0 and Commission Regulation (EEC) No
                                                                   and territories ; whereas, pursuant to Article 101 (4) of the
                                                                   abovementioned Decision, a special amount shall be
1824/91 (8) ;
                                                                   charged on imports of certain products originating in the
                                                                   overseas countries and territories in order to prevent
Whereas, for the purpose of calculating the cif prices used        products originating from these countries and territories
to determine the levies, the Commission must take into             from receiving more favourable treatment than similar
account the factors indicated in Commission Regulation             products imported from Spain or Portugal into the
No 156/67/EEC (9), as last amended by Regulation (EEC)             Community as constituted on 31 December 1985 ;
No 31 /76 (10), and in particular the most favourable
purchasing opportunities on the world market among
those which are most representative of the real trend of
                                                                   Whereas, in accordance with Article 18(1 ) of Regulation
the market, account being taken in particular of the need
to prevent sudden variations likely to cause abnormal              (EEC) No 2727/75, the nomenclature provided for in this
                                                                   Regulation is incorporated in the combined nomencla­
                                                                   ture :
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
0 OJ No L 353, 17. 12. 1990, p. 23.
(3) OJ No L 164, 24. 6. 1985, p. 1 .                               (") OJ No L 281 , 1 . 11 . 1975, p. 22.
(4) OJ No L 201 , 31 . 7. 1990, p. 9.                              (n) OJ No L 196, 17. 7. 1987, p. 1 .
O OJ No L 281 , 1 . 11 . 1975, p. 34.                              (13) OJ No 128, 27. 6. 1967, p. 2536/67.
(6) OJ No L 162, 26. 6. 1991 , p. 4.                               (>4) OJ No L 247, 5. 9 . 1991 , p. 23.
0 OJ No L 162, 26. 6. 1991 , p. 7.                                 H    OJ No  128, 27. 6. 1967, p. 2542/67.
(s) OJ No L 166, 28. 6. 1991 , p. 41 .                             (")  OJ No  L 84, 30. 3. 1990, p. 85.
0 OJ No 128, 27. 6. 1967, p. 2533/67.                              (,7) OJ No  L 58, 5. 3. 1991 , p. 1 .
H OJ No L 5, 10. 1 . 1976, p. 18 .                                 (,8) OJ No  L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak---  No L 39/4                              Official Journal of the European Communities                               15. 2. 92
Whereas, if the levy system is to operate normally, levies        set out in the Annex thereto ; whereas these levies are
should be calculated on the following basis :                     altered only where variations in the components used to
— in the case of currencies which are maintained in rela­         calculate them have the effect of increasing or reducing
     tion to each other at any given moment within a band         them by ECU 0,73 or more,
     of 2,25 %, a rate of exchange based on their central
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 (1) of Regulation (EEC)
     No 1676/85,                                                  HAS ADOPTED THIS REGULATION :
— for the other currencies, an exchange rate based on an
     average of the ecu rates published in the Official
     Journal of the European Communities, C series, over
                                                                                             Article 1
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;
                                                                  The import levies to be charged on the products listed in
Whereas these exchange rates being those recorded on 13           Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75
February 1992 ;                                                   shall be as set out in the Annex hereto.
Whereas on importation into Portugal of products listed
in Annex XXIV to the Act of Accession an additional
amount is added to the levy ; whereas these amounts were                                     Article 2
set by Commission Regulation (EEC) No 3808/90 (') ;
Whereas it follows from applying all the provisions of the        This Regulation shall enter into force on 15 February
abovementioned Regulations that the levies should be as           1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 14 February 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 367, 29. 12. 1990, p. 1 .
 ---pagebreak--- 15. 2. 92                             Official Journal of the European Communities                                             No L 39/5
                                                                ANNEX
          to the Commission Regulation of 14 February 1992 fixing the import levies on cereals and
                                            on wheat or rye flour, groats and meal
                                                                                                                  (ECU/tonne)
                                    CN code                                                  Levy (')
                                   0709 90 60                                                1 30,44 (2)(3)
                                   0712 90 19                                                1 30,44 (2)(3)
                                   1001 10 10                                                1 66,78 (') OH
                                   1001 10 90                                                1 66,78 (') OH
                                   1001 90 91                                                150,95
                                   1001 90 99                                                150,95
                                   1002 00 00                                                1 63,88 (6)
                                   1003 00   10                                              144,17
                                   1003 00  90                                               144,17
                                   1004 00   10                                              129,74
                                   1004 00  90                                               129,74
                                   1005 10 90                                                1 30,44 (2)(3)
                                   1005 90 00                                                130,44 (2)(3)
                                   1007 00 90                                                139,59 0
                                   1008 10 00                                                  56,90
                                   1008 20 00                                                1 27,77 (4)
                                   1008 30 00                                                  67,78 0
                                   1008 90 10                                                   0
                                   1008 90 90                                                  67,78
                                   1101 00 00                                                224,33 0
                                   1102 1000                                                 242,44 (8)
                                   1103 11 10                                                271,95 0('°)
                                   1103 11 90                                                241,10 (8)
           (') Where durum wheat originating in Morocco is transported directly from that country to the Community, the ,
               levy is reduced by ECU 0,60/tonne.
           (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into
               the French overseas departments, originating in the African, Caribbean and Pacific States.
           (3) Where maize originating in the ACP is imported into the Community the levy is reduced by ECU 1,81 /tonne.
           (4) Where millet and sorghum originating in the ACP is imported into the Community the levy is applied in accor­
               dance with Regulation (EEC) No 715/90.
           (*) Where durum wheat and canary seed produced in Turkey are transported directly from that country to the
               Community, the levy is reduced by ECU 0,60/tonne.
           (') The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­
               nity is laid down in Council Regulation (EEC) No 1 180/77 and Commission Regulation (EEC) No 2622/71 .
           f) The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triti­
               cale).
           (8) On importation into Portugal the levy is increased by the amount specified in Article 2 (2) of Regulation (EEC)
               No 3808/90.
           (*) No levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC, except if
               paragraph 4 of the same Article applies.
          (I0) An amount equal to the amount fixed by Regulation (EEC) No 1825/91 is to be levied in accordance with
               Article 101 (4) of Decision 91 /482/EEC.