CELEX: 31992R3859
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3859/92 of 30 December 1992 fixing the import levies on syrups and certain other products in the sugar sector

31 . 12 . 92                               Official Journal of the European Communities                              No L 390/79
                                         COMMISSION REGULATION (EEC) No 3859/92
                                                       of 30 December 1992
                    fixing the import levies on syrups and certain other products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          at least ECU 0,73 from the average referred to above or
                                                                     from the levy on white sugar used to fix the basic
                                                                     amount ; whereas, in this case, the basic amount must be
Having regard to the Treaty establishing the European                equal to one-hundredth of the levy on white sugar used to
Economic Community,                                                  calculate the alteration :
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by Regula­          Whereas the basic amount thus fixed must be adjusted on
tion (EEC) No 61 /92 (2), and in particular Article 16 (8)           the basis of variations in the threshold price for white
thereof,                                                             sugar occurring between the month in which the basic
                                                                     amount is fixed and the period of application ; whereas
                                                                     this adjustment, equal to one-hundredth of the difference
Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81               between these two threshold prices, must be deducted
provides for charging a levy on imports of the products              from or added to the basic amount in the circumstances
listed in Article 1 ( 1 ) of that Regulation ;                       provided for in Article 7 (6) of Regulation (EEC) No
                                                                      837/68 ;
Whereas the levy on the products listed in Article 1 ( 1 ) (d)
of Regulation (EEC) No 1785/81 must be calculated,
where appropriate, at a standard rate on the basis of the
sucrose content (including other sugars expressed as                 Whereas the levy on the products referred to in Article 1
sucrose) of the product concerned and of the levy on                 ( 1 ) (f) and (g) of Regulation (EEC) No 1785/ 81 comprises,
white sugar ; whereas, however, the levies on maple sugar            under Article 1 6 (6) of that Regulation, a variable element
and maple syrup are limited to the amount resulting from              and a fixed element, with the latter, per 100 kilograms of
application of the rate of duty bound within GATT ;                  dry matter, being equal to one-tenth of the fixed element
                                                                     established pursuant to point B of Article 14 (1 ) of
                                                                      Council Regulation (EEC) No 2727/75 Q, as last amended
Whereas Article 7 of Commission Regulation (EEC) No                  by Regulation (EEC) No 1738/92 (6) for the fixing of the
837/68 of 28 June 1968 on detailed rules for the applica­            import levy on the products falling within CN codes
tion of levies on sugar (■'), as last amended by Regulation           1702 30 91 , 1702 30 99, 1702 40 90 and 1702 90 50, and
(EEC) No 1428/78 (4), provides that the basic amount of              the variable element, per 100 kilograms of dry matter,
the levy for 100 kilograms of product must be fixed per              being equal to 100 times the basic import levy applicable
percentage point of sucrose content ;                                 as from the first of each month in the case of the
                                                                      products listed in Article 1 (1 ) (d) of Regulation (EEC) No
                                                                      1785/81 ; whereas the levy must be fixed each month ;
Whereas the basic amount of the levy must be equal to
one-hundredth of the average of the levies applicable to
 100 kilograms of white sugar during the first 20 days of
the month preceding the month for which the basic
amount of the levy is fixed ; whereas, however, the levy             Whereas, pursuant to Article 101 (1 ) of Council Decision
applicable to white sugar on the day of the fixing of the            91 /482/ EEC of 25 July 1991 on the association of the
basic amount must be substituted for the average of the               overseas countries and territories with the European
levies, where that levy differs by at least ECU 0,73 from             Economic Community (7), no levies shall apply on
that average ;                                                       imports of products originating in the overseas countries
                                                                     and territories ; whereas, however, pursuant to Article 101
                                                                     (4) of the abovementioned Decision, a special amount
Whereas the basic amount must be fixed each month ;                  shall be charged on imports of certain products origina­
whereas it must, however, be altered during the period               ting in the overseas countries and territories in order to
between the day on which it is fixed and the first day of            prevent products originating from these countries and
the month following the month for which the basic                    territories from receiving more favourable treatment than
amount is applicable, if the levy on white sugar differs by          similar products imported from Spain or Portugal into the
                                                                     Community as constituted on 31 December 1985 ;
(') OJ  No   L 177, 1 . 7. 1981 , p. 4.
(2) OJ  No  L  6, 11 . 1 . 1992, p. 19 .                             O OJ No L 281 , 1 . 11 . 1975, p. 1 .
(') OJ  No  L  151 , 30 . 6 . 1968, p. 42.                           (6) OJ No L 180, 1 . 7. 1992, p. 1 .
(4) OJ  No   L 171 , 28 . 6 . 1978, p. 34.                           O OJ No L 263, 19. 9. 1991 , p. 1 .
 ---pagebreak--- No L 390/80                                 urriciai journal or tne iiuropean communities                                               31 . 12 . 92
Whereas the representative market rates defined in Article                     HAS ADOPTED THIS REGULATION :
1 of Council Regulation (EEC) No 38 1 3/92 (') are used to
convert amounts expressed in third country currencies                                                          Article 1
and are used as the basis for determining the agricultural
conversion rates of the Member States' currencies ;
                                                                               The import levies on the products listed in Article 1 ( 1 )
whereas detailed rules on the application and determina­
                                                                               (d), (f) and (g) of Regulation (EEC) No 1785/81 shall be as
tion of these conversions were set by Commission Regu­                         indicated in the Annex hereto.
lation (EEC) No 3819/92 (2);
Whereas it follows from the application of these provi­                                                        Article 2
sions that the import levies on the products concerned
should be as indicated in the Annex to this Regulation,                        This Regulation shall enter into force on 1 January 1993.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 December 1992.
                                                                                            For the Commission
                                                                                             Ray MAC SHARRY
                                                                                      Member of the Commission
                                                                     ANNEX
                    to the Commission Regulation of 30 December 1992 fixing the import levies on syrups and
                                                certain other products in the sugar sector
                                                                                                                                            (ECU)
                                                         Basic amount per percentage point
                       CN code                         of sucrose content and per 100 kg net          Amount of levy per 100 kg of dry matter (')
                                                            of the product in question (')
                      1702 20 10                                       0,4706                                             —
                      1702 20 90                                       0,4706                                             —
                      1702 30 10                                         —                                              56,73
                      1702 40 10                                         —                                              56,73
                      1702 60 10                                         —                                              56,73
                      1702 60 90                                       0,4706                                             —
                      1702 90 30                                         —                                              56,73
                      1702 90 60                                       0,4706                                             —
                      1702 90 71                                       0,4706                                             —
                      1702 90 90                                       0,4706                                             —
                      2106 90 30                                         —                                              56,73
                      2106 90 59                                       0,4706                                             —
     ') No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. However, an amount equal to the
        amount fixed by Regulation (EEC) No 1870/91 B to be levied in accordance with Article 101 (4) of the abovementioned Decision .
(') OJ No L 387, 31 . 12. 1992, p. 1 .
(2) OJ No L 387, 31 . 12. 1992.