CELEX: 31995R0159
Language: en
Date: 1995-01-31 00:00:00
Title: COMMISSION REGULATION (EC) No 159/95 of 31 January 1995 fixing the import levies on syrups and certain other products in the sugar sector

No L 24/6                                 Official Journal of the European Communities                                   1 . 2. 95
                                        COMMISSION REGULATION (EC) No 159/95
                                                        of 31 January 1995
                   fixing the import levies on syrups and certain other products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         between the day on which it is fixed and the first day of
                                                                    the month following the month for which the basic
                                                                    amount is applicable, if the levy on white sugar differs by
Having regard to the Treaty establishing the European               at least ECU 0,73 from the average referred to above or
Community,                                                          from the levy on white sugar used to fix the basic
                                                                    amount ; whereas, in this case, the basic amount must be
                                                                    equal to one-hundredth of the levy on white sugar used to
                                                                    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
tion (EC) No 133/94 (2), and in particular Article 16 (8)
thereof,
                                                                     whereas the basic amount thus fixed must be adjusted on
                                                                    the basis of variations in the threshold price for white
Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81             sugar occurring between the month in which the basic
provides for charging a levy on imports of the products             amount is fixed and the period of application ; whereas
listed in Article 1 (1 ) of that Regulation ;                       this adjustment, equal to one-hundredth of the difference
                                                                    between these two threshold prices, must be deducted
                                                                    from or added to the basic amount in the circumstances
                                                                    provided for in Article 7 (6) of Regulation (EEC) No
Whereas the levy on the products listed in Article 1 ( 1 ) (d)      837/68 ;
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
sucrose) of the product concerned and of the levy on
white sugar ; whereas, however, the levies on maple sugar
and maple syrup are limited to the amount resulting from
application of the rate of duty bound within GATT ;                 Whereas the levy on the products referred to in Article 1
                                                                    ( 1 ) (f) and (g) of Regulation (EEC) No 1785/81 comprises,
                                                                    under Article 1 6 (6) of that Regulation, a variable element
                                                                    and a fixed element, with the latter, per 1 00 kilograms of
Whereas Article 7 of Commission Regulation (EEC) No                 dry matter, being equal to one-tenth of the fixed element
837/68 of 28 June 1968 on detailed rules for the applica­           established pursuant to point B of Article 11 (1 ) of
tion of levies on sugar (3), as last amended by Regulation          Council Regulation (EEC) No 1766/92 {"), as last amended
(EEC) No 1428/78 (4), provides that the basic amount of             by Regulation (EC) No 1 866/94 (6), for the fixing of the
the levy for 100 kilograms of product must be fixed per             import levy on the products falling within CN codes
percentage point of sucrose content ;                                1702 30 91 , 1702 30 99, 1702 40 90 and 1702 90 50, and
                                                                    the variable element, per 100 kilograms of dry matter,
                                                                    being equal to 100 times the basic import levy applicable
Whereas the basic amount of the levy must be equal to               as from the first of each month in the case of the
one-hundredth of the average of the levies applicable to            products listed in Article 1 (1) (d) of Regulation (EEC) No
 100 kilograms of white sugar during the first 20 days of            1785/81 ; whereas the levy must be fixed each month ;
the month preceding the month for which the basic
amount of the levy is fixed ; whereas, however, the levy
applicable to white sugar on the day of the fixing of the
basic amount must be substituted for the average of the
levies, where that levy differs by at least ECU 0,73 from
that average ;                                                       whereas as a consequence of the amendment of Article 1
                                                                    (2) of Regulation (EEC) No 1785/81 and by virtue of
                                                                    Article 16 thereof, a levy is chargeable on imports of
Whereas the basic amount must be fixed each month ;                 inuline syrup ; whereas the levy is defined in paragraph 6
whereas it must, however, be altered during the period              (a) of the said Article 16 as equal, per 100 kilograms of
                                                                    dry matter, to the levy fixed in accordance with paragraph
                                                                     6 of that Article multiplied by a coefficient of 1,9 ;
O   OJ  No L  177, 1 . 7. 1981 , p. 4.
(2) OJ  No L  22, 27. 1 . 1994, p. 7.
(3) OJ  No L  151 , 30. 6. 1968, p. 42.                             (5) OJ No L 181 , 1 . 7. 1992, p. 21 .
(4) OJ  No L  171 , 28 . 6. 1978 , p. 34.                           («) OJ No L 197, 30. 7. 1994, p. 1 .
 ---pagebreak--- 1 . 1. 95                                Official Journal of the European Communities                             No L 24 17
Whereas, pursuant to Article 101 ( 1 ) of Council Decision         HAS ADOPTED THIS REGULATION :
91 /482/EEC of 25 July 1991 on the association of the
overseas countries and territories with the European
Economic Community ('), no levies shall apply on
imports of products originating in the overseas countries
and territories ;                                                                             Article 1
Whereas the representative market rates defined in Article
1 of Council Regulation (EEC) No 3813/92 (2), as last
amended by Regulation (EC) No 150/95 0, are used to                The import levies on the products listed in Article 1 (1 )
convert amounts expressed in third country currencies              (d), (f), (g) and (h) of Regulation (EEC) No 1785/81 shall
and are used as the basis for determining the agricultural         be as indicated in the Annex hereto.
conversion rates of the Member States' currencies ;
whereas detailed rules on the application and determina­
tion of these conversions were set by Commission Regu­
lation (EEC) No 1068 /93 (4), as last amended by Regula­
tion (EC) No 157/95 0 ;                                                                       Article 2
Whereas it follows from the application of these provi­
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 February 1995.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 January 1995.
                                                                               For the Commission
                                                                                  Franz FISCHLER
                                                                          Member of the Commission
(') OJ  No L 263, 19. 9. 1991 , p. 1 .
(2) OJ  No L 387, 31 . 12. 1992, p. 1 .
(3) OJ  No L 22, 31 . 1 . 1995, p. 1 .
(<) OJ  No L 108 , 1 . 5. 1993, p. 106.
C)  See page 1 of this Official Journal.
 ---pagebreak--- No L 24/8                                      Official Journal of the European Communities                                                        1 . 2. 95
                                                                           ANNEX
                     to the Commission Regulation of 31 January 1995 fixing the basic amount of the import
                                      levy 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                                              0,4500
                     1702 20 90                                              0,4500                                            —
                     1702 30 10                                                —
                                                                                                                              56,68
                     1702 40 10                                                —
                                                                                                                              56,68
                     1702 60 10                                                —
                                                                                                                              56,68
                     1702 60 90 10 (2)                                         —
                                                                                                                             107,70
                     1702 60 90 90 (3)                                       0,4500                                            —
                     1702 90 30                                                —
                                                                                                                              56,68
                     1702 90 60 ,                                           0,4500                                             —
                     1702 90 71                                             0,4500                                             —
                     1702 90 80                                                —
                                                                                                                             107,70
                     1702 90 99                                             0,4500                                             —
                     2106 90 30                                                —
                                                                                                                             56,68
                     2106 90 59                                             0,4500                                             —
  (') No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.
  (2) Taric code : Inulin syrup. For the purposes of classification under this subheading, 'Inulin syrup' means the immediate product obtained by hydro­
      lysis of inulin or oligofructoses.
  (3) Taric code : CN code 1702 60 90, other than inulin syrup.