CELEX: 31997R2538
Language: en
Date: 1997-12-17 00:00:00
Title: COMMISSION REGULATION (EC) No 2538/97 of 17 December 1997 fixing the representative prices and the additional import duties for molasses in the sugar sector

18 . 12. 97             I EN |          Official Journal of the European Communities                                  L 347/9
                                      COMMISSION REGULATION (EC) No 2538/97
                                                    of 17 December 1997
                    fixing the representative prices and the additional import duties for molasses in
                                                       the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        resentative of actual market trends must also be dis­
                                                                   regarded;
Having regard to the Treaty establishing the European
Community,                                                         Whereas, 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
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the                  reduced in the light of the results achieved by applying
market in sugar ('), as last amended by Regulation (EC)            Article 6 of Regulation (EEC) No 785/68;
No 1 599/96 i1),
                                                                   Whereas a representative price may be left unchanged by
                                                                   way of exception for a limited period if the offer price
Having regard to Commission Regulation (EC) No                     which served as a basis for the previous calculation of the
1422/95 of 23 June 1995 laying down detailed rules of              representative price is not available to the Commission
application for imports of molasses in the sugar sector            and if the offer prices which are available and which
and amending Regulation (EEC) No 785/68 (3), and in                appear not to be sufficiently representative of actual
particular Articles 1 (2) and 3 ( 1 ) thereof,                     market trends would entail sudden and considerable
                                                                   changes in the representative price;
Whereas Regulation (EC) No 1422/95 stipulates that the
cif import price for molasses, hereinafter referred to as          Whereas where there is a difference between the trigger
the 'representative price', should be set in accordance            price for the product in question and the representative
with Commission Regulation (EEC) No 785/68 (4);                    price, additional import duties should be fixed under the
whereas that price should be fixed for the standard                conditions set out in Article 3 of Regulation (EC) No
quality defined in Article 1 of the above Regulation ;             1422/95; whereas should the import duties be suspended
                                                                   pursuant to Article 5 of Regulation (EC) No 1422/95,
Whereas the representative price for molasses is calcu­            specific amounts for these duties should be fixed;
lated at the frontier crossing point into the Community,
in this case Amsterdam; whereas that price must be based           Whereas application of these provisions will have the
on the most favourable purchasing opportunities on the             effect of fixing the representative prices and the addi­
world market established on the basis of the quotations            tional import duties for the products in question as set
or prices on that market adjusted for any deviations from          out in the Annex to this Regulation;
the standard quality; whereas the standard quality for
molasses is defined in Regulation (EEC) No 785/68 ;                Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
Whereas, when the most favourable purchasing oppor­                Committee for Sugar,
tunities 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,           HAS ADOPTED THIS REGULATION :
either directly or through the Member States; whereas,
under Article 7 of Regulation (EEC) No 785/68 , the
Commission may for this purpose take an average of                                          Article 1
several prices as a basis, provided that this average is
representative of actual market trends;
                                                                   The representative prices and the additional duties
                                                                   applying to imports of the products referred to in Article
Whereas the information must be disregarded if the                 1 of Regulation (EC) No 1422/95 are fixed in the Annex
goods concerned are not of sound and fair marketable               hereto.
quality or if the price quoted in the offer relates only to a
small quantity that is not representative of the market;
whereas offer prices which can be regarded as not rep­
                                                                                            Article 2
(') OJ  L 177,  1 . 7 . 1981 , p. 4.
(2) OJ  L 206,  16. 8 . 1996, p. 43 .
(3) OJ  L 141 , 24. 6. 1995, p. 12.                                This Regulation shall enter into force on 18 December
(4) OJ  L 145,  27. 6. 1968 , p. 12.                               1997 .
 ---pagebreak--- L 347/ 10        I EN I                    Official Journal of the European Communities                                           18 . 12. 97
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 17 December 1997.
                                                                                        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
                                                                                                     Amount of the duty to be
                                                                                                    applied to imports in ECU
                                 Amount of the representative       Amount of the additional           per 1 00 kg net of the
                CN code         price in ECU per 100 kg net of    duty in ECU per 100 kg net of         product in question
                                    the product in question          the product in question         because of suspension as
                                                                                                     referred to in Article 5 of
                                                                                                   Regulation (EC) No 1422/95 (2)
          1703 10 00 (')                      8,32                             —
                                                                                                                0,00
          1703 90 00 (')                     11 ,26                            —
                                                                                                                0,00
          (') 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.