CELEX: 31990R2547
Language: en
Date: 1990-09-01 00:00:00
Title: Commission Regulation (EEC) No 2547/90 of 31 August 1990 fixing the import levies on white sugar and raw sugar

No L 237/ 102                            Official Journal of the European Communities                                   1 . 9 . 90
                                      COMMISSION REGULATION (EEC) No 2547/90
                                                       of 31 August 1990
                                  fixing the import levies on white sugar and raw sugar
THE COMMISSION OP THE EUROPEAN COMMUNITIES,                        that market adjusted for any deviation from the standard
                                                                   quality for which the threshold price is fixed ; whereas the
Having regard to the Treaty establishing the European              standard quality for raw sugar was defined by Regulation
Economic Community,
                                                                   (EEC) No 431 /68 and that for white sugar by Regulation
                                                                   (EEC) No 793/72 (6) ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas, when the most favourable purchasing opportu­
                                                                   nities on the world market are being established, the
Having regard to Council Regulation (EEC) No 1785/81               Commission must take account of all available informa­
of 30 June 1981 on the common organization of the                  tion on offers on the world market, on quotations on the
market in sugar (l), as last amended by Regulation (EEC)           exchanges which are important for world trade, on prices
No 1069/89 (2), and in particular Article 16 (8) thereof,          recorded on important third-country markets, and on
                                                                   sales concluded in international trade of which it has
Having regard to the opinion of the Monetary Committee,            knowledge either directly or through the agency of the
                                                                   Member States :
Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81
provides for charging a levy on imports of the products
listed in Article 1 (1 ) of that Regulation ;                       Whereas, however, pursuant to Regulation (EEC) No
                                                                   784/68 of the Commission of 26 June 1968 laying down
Whereas the import levy on white sugar and raw sugar               detailed rules for calculating cif prices for white sugar and
must be equal to the threshold price less the cif price ;          raw sugar (6), the Commission must disregard information
whereas the threshold price for each of these products was          if the goods concerned are not of sound and fair marke­
fixed by Council Regulation (EEC) No 1313/90 (3) of 14              table quality or if the price quoted in an offer relates to
May 1990 fixing, for the 1990/91 marketing year, the               small quantities and is not representative of the market ;
derived intervention prices for white sugar, the interven­         whereas offer prices which can be assumed not to be
tion price for raw sugar, the minimum prices for A and B            representative of the actual market trends must also be
beet, the threshold prices, the amount of compensation              disregarded ;
for storage costs and the prices to be applied in Spain and
Portugal ;
                                                                    Whereas any offer or prices taken into consideration
Whereas the prices fixed by the Council have been                   which are not for goods delivered in bulk cif Rotterdam
reduced by Commission Regulation (EEC) No 1738/90 (4)               must be adjusted ; whereas when this adjustment is being
establishing the prices and amounts fixed in ecus by the            made account must be taken of the difference in the cost
Council in the sugar sector and reduced as a result of the          of transporting the goods between the port of loading and
monetary realignment of 5 January 1990 ;                            the port of destination and between the port of loading
                                                                    and Rotterdam ; whereas, if the price or the offer relates
Whereas the cif price for raw sugar and white sugar is              to goods in bags, it must be reduced by ECU 0,73 per 100
calculated by the Commission for a Community frontier               kilograms under the terms of Article 4 of Regulation
crossing point which was fixed at Rotterdam by Regula­              (EEC) No 784/68 ;
tion (EEC) No 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 sugar Q ;                                                Whereas, if information on sugar of the standard quality
                                                                    is to be comparable, the price increases or reductions
                                                                    fixed pursuant to Article 1 5 of Regulation (EEC) No
Whereas this price must be based on the most favourable              1785/81 must be added to or deducted from the offers
purchasing opportunities on the world market established            taken into consideration in the case of white sugar ;
for each product on the basis of quotations or prices on            whereas, in the case of raw sugar, the corrective factors
                                                                     provided for in Article 5 of Regulation (EEC) No 784/68
(') OJ  No  L 177, 1 . 7 . 1981 , p. 4.                              must be applied ;
(2) OJ  No  L 114, 27. 4. 1989, p. 1 .
(3) OJ  No L  132, 23 . 5. 1990, p. 3.
(4) OJ  No  L 161 , 27. 6. 1990, p. 27.                             (6) OJ No L 94, 21 . 4. 1972, p. 1 .
O   OJ  No  L 89 , 10. 4. 1968 , p. 3 .                             O OJ No L 145, 27. 6. 1968 , p. 10.
 ---pagebreak--- 1 . 9. 90                               Official Journal of the European Communities                             No L 237/ 103
Whereas, pursuant to Article 7 of Regulation (EEC) No                  the last subparagraph of Article 3 (1 ) of Council Regu­
784/68, a special cif price may be established for sugar               lation (EEC) No 1676/85 ('), as last amended by Regu­
which has been specially treated or specially packed if the            lation (EEC) No 2205/90 (2),
offer price for such sugar is lower than the cif price esta­
blished pursuant to the provisions referred to above ;            — for the other currencies, an exchange rate based on an
                                                                       average of the ecu rates published in the Official
Whereas a cif price may, by way of exception, be left                  Journal of the European Communities, C series, over
unchanged for a limited period if the offer price which                a period to be determined, multiplied by the coeffi­
served as a basis for the previous calculation of the cif              cient referred to in the preceding indent ;
price is not available to the Commission and if the offer
prices which are available and which appear not to be             Whereas it follows from applying these provisions that
sufficiently representative of actual market trends would         the levies for white sugar and raw sugar should be as set
entail sudden and considerable changes in the cif price ;         out in the Annex hereto,
Whereas the levy is altered only if the variation in the
elements used to calculate it would entail an increase or a
                                                                  HAS ADOPTED THIS REGULATION :
reduction of not less than ECU 0,24 per 100 kilograms in
relation to the levy previously fixed ;
Whereas, in accordance with Article 21 ( 1 ) of Regulation                                  Article 1
(EEC) No 1785/81 , the nomenclature provided for in this
Regulation is incorporated in the Common Customs                  The import levies referred to in Article 16 (1 ) of Regula­
Tariff ;                                                          tion (EEC) No 1785/81 shall be, in respect of white sugar
                                                                  and standard quality raw sugar, as set out in the Annex
Whereas, if the levy system is to operate normally, levies        hereto.
should be calculated on the following basis :
— in the case of currencies which are maintained in rela­                                   Article 2
     tion to each other at any given moment within a band
     of 2,25 % , a rate of exchange based on their central        This Regulation shall enter into force on 1 September
     rate, multiplied by the corrective factor provided for in    1990 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 August 1990.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                                   (') OJ No L 164, 24. 6. 1985, p. 1 .
                                                                   V) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 237/ 104                            Official Journal of the European Communities                                                   1 . 9. 90
                                                                     ANNEX
              to the Commission Regulation of 31 August 1990 fixing the import levies on white sugar
                                                               and raw sugar
                                                                                                                        (ECU/100 kg)
                                       CN code                                                        Levy
                                      1701 11 10                                                     36,80 (')
                                      1701 11 90                                                     36,80 (l)
                                      1701 12 10                                                     36,80 (')
                                      1701 12 90                                                     36,80 (')
                                      1701 91 00                                                     42,29
                                      1701 99 10                                                     42,29
                                      1701 99 90                                                     42,29 (2)
              (') Applicable to raw sugar with a yield of 92 % ; if the yield is other than 92 % , the levy applicable is calculated in
                  accordance with the provisions of Article 2 of Commission Regulation (EEC) No 837/68 (OJ No L 151 , 30. 6.
                  1968 , p. 42).
              (2) In accordance with Article 16 (2) of Regulation (EEC) No 1785/81 this amount is also applicable to sugar
                  obtained from white and raw sugar containing added substances other than flavouring or colouring matter.