CELEX: 31993R0789
Language: en
Date: 1993-04-01
Title: Commission Regulation (EEC) No 789/93 of 31 March 1993 fixing the import levies on white sugar and raw sugar

No L 79/66                              Official Journal of the European Communities                                    1 . 4. 93
                                       COMMISSION REGULATION (EEC) No 789/93
                                                       of 31 March 1993
                                  fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        determining the standard quality for raw sugar and fixing
                                                                   the Community frontier crossing point for calculating cif
                                                                   prices for sugar (6);
 Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas this price must be based on the most favourable
                                                                   purchasing opportunities on the world market established
 Having regard to Council Regulation (EEC) No 1785/81              for each product on the basis of quotations or prices on
of 30 June 1981 on the common organization of the                  that market adjusted for any deviation from the standard
market in sugar ('), as last amended by Regulation (EEC)           quality for which the threshold price is fixed ; whereas the
No 3814/92 (2), and in particular Article 16 (8) thereof,          standard quality for raw sugar was defined by Regulation
                                                                   (EEC) No 431 /68 and that for white sugar by Regulation
                                                                   (EEC) No 793/72 0 ;
Having regard to Council Regulation (EEC) No 3813/92
of 28 December 1992 on the unit of account and the
conversion rates to be applied for the purposes of the
common agricultural policy (3), and in particular Article 5        Whereas, when the most favourable purchasing opportu­
thereof,                                                           nities on the world market are being established, the
                                                                   Commission must take account of all available informa­
                                                                   tion on offers on the world market, on quotations on the
                                                                   exchanges which are important for world trade, on prices
Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81             recorded on important third-country markets, and on
provides for charging a levy on imports of the products            sales concluded in international trade of which it has
listed in Article 1 (1 ) of that Regulation ;                      knowledge either directly or through the agency of the
                                                                   Member States :
Whereas the import levy on white sugar and raw sugar
must be equal to the threshold price less the cif price ;
whereas the threshold price for each of these products was         Whereas, however, pursuant to Regulation (EEC) No
fixed by Council Regulation (EEC) No 1748/92 (4) fixing,           784/68 of the Commission of 26 June 1968 laying down
for the 1992/93 marketing year, the derived intervention           detailed rules for calculating cif prices for white sugar and
prices for white sugar, the intervention price for raw             raw sugar (8), the Commission must disregard information
sugar, the minimum prices for A and B beet, the thre­              if the goods concerned are not of sound and fair marke­
shold prices, the amount of compensation for storage               table quality or if the price quoted in an offer relates to
costs and the prices to be applied in Spain and Portugal ;         small quantities and is not representative of the market ;
                                                                   whereas offer prices which can be assumed not to be
                                                                   representative of the actual market trends must also be
Whereas, pursuant to Article 101 ( 1 ) of Council Decision         disregarded ;
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          Whereas any offer or prices taken into consideration
and territories :                                                  which are not for goods delivered in bulk cif Rotterdam
                                                                   must be adjusted ; whereas when this adjustment is being
                                                                   made account must be taken of the difference in the cost
Whereas the cif price for raw sugar and white sugar is             of transporting the goods between the port of loading and
calculated by the Commission for a Community frontier              the port of destination and between the port of loading
crossing point which was fixed at Rotterdam by Regula­             and Rotterdam ; whereas, if the price or the offer relates
tion (EEC) No 431 /68 of the Council of 9 April 1968               to goods in bags, it must be reduced by ECU 0,73 per 100
                                                                   kilograms under the terms of Article 4 of Regulation
                                                                   (EEC) No 784/68 ;
(') OJ No  L  177, 1 . 7. 1981 , p. 4.
(2) OJ No  L 387,  31 . 12. 1992, p. 7.
(3) OJ No  L 387,  31 . 12. 1992, p. 1 .                           (é) OJ No L 89, 10. 4. 1968, p. 3.
(4) OJ No  L  180, 1 . 7. 1992, p. 13 .                            0 OJ No L 94, 21 . 4. 1972, p. 1 .
O   OJ No  L 263,  19. 9. 1991 , p. 1 .                            (*) OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- 1 . 4. 93                             Official Journal of the European Communities                              No L 79/67
whereas, if information on sugar of the standard quality        Whereas, in accordance with Article 21 (1 ) of Regulation
is to be comparable, the price increases or reductions          (EEC) No 1785/81 , the nomenclature provided for in this
fixed pursuant to Article 15 of Regulation (EEC) No             Regulation is incorporated in the Common Customs
1785/81 must be added to or deducted from the offers            Tariff ;
taken into consideration in the case of white sugar ;
whereas, in the case of raw sugar, the corrective factors       Whereas, in order to make it possible for the levy arrange­
provided for in Article 5 of Regulation (EEC) No 784/68         ments to function normally, the representative market
must be applied ;                                               rate established during the reference period from 30
                                                                March 1993, as regards floating currencies, should be used
Whereas, pursuant to Article 7 of Regulation (EEC) No           to calculate the levies ;
784/68, a special cif price may be established for sugar        Whereas it follows from applying these provisions that
which has been specially treated or specially packed if the     the levies for white sugar and raw sugar should be as set
offer price for such sugar is lower than the cif price          out in the Annex hereto,
established pursuant to the provisions referred to above ;
Whereas a cif price may, by way of exception, be left           HAS ADOPTED THIS REGULATION :
unchanged for a limited period if the offer price which
served as a basis for the previous calculation of the cif                                 Article 1
price is not available to the Commission and if the offer
prices which are available and which appear not to be           The import levies referred to in Article 16' ( 1 ) of Regula­
sufficiently representative of actual market trends would       tion (EEC) No 1785/81 shall be, in respect of white sugar
entail sudden and considerable changes in the cif price ;       and standard quality raw sugar, as set 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                               Article 2
reduction of not less than ECU 0,24 per 100 kilograms in
relation to the levy previously fixed ;                         This Regulation shall enter into force on 1 April 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 31 March 1993.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- No L 79/68                             Official Journal of the European Communities                                            1 . 4. 93
                                                                ANNEX
            to the Commission Regulation of 31 March 1993 fixing the import levies on white sugar
                                                            and raw sugar
                                                                                                                  (ECU/100 kg)
                                    CN code                                                     Levy (3)
                                   1701 11 10                                                   33,69 (')
                                   1701 11 90                                                   33,69 0
                                  1701 12 10                                                    33,69 0
                                  1701 12 90                                                    33,69 0
                                  1701 91 00                                                    42,90
                                  1701 99 10                                                    42,90
                                  1701 99 90                                                    42,90 0
           (') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 of Commission Regulation
               (EEC) No 837/68 .
           (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.
           (') No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC.