CELEX: 31990R1812
Language: en
Date: 1990-06-30 00:00:00
Title: Commission Regulation (EEC) No 1812/90 of 29 June 1990 fixing the import levies on white sugar and raw sugar

30 . 6. 90                               Official Journal of the European Communities                              No L 167/41
                                     COMMISSION REGULATION (EEC) No 1812/90
                                                        of 29 June 1990
                                  fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        that market adjusted for any deviation from the standard
                                                                   quality for which the threshold price is fixed ; whereas the
                                                                   standard quality for raw sugar was defined by Regulation
Having regard to the Treaty establishing the European              (EEC) No 431 /68 and that for white sugar by Regulation
Economic Community,                                                (EEC) No 793/72 f6) ;
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
                                                                    knowledge either directly or through the agency of the
Having regard to the opinion of the Monetary Committee,             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
                                                                    detailed rules for calculating cif prices for white sugar and
Whereas the import levy on white sugar and raw sugar                raw sugar (*), the Commission must disregard information
 must be equal to the threshold price less the cif price ;          if the goods concerned are not of sound and fair marke­
whereas the threshold price for each of these products was          table quality or if the price quoted in an offer relates to
 fixed by Council Regulation (EEC) No 1 31 2/90 (3) fixing,         small quantities and is not representative of the market ;
for the 1990/91 marketing year, the derived intervention            whereas offer prices which can be assumed not to be
 prices for white sugar, the intervention price for raw             representative of the actual market trends must also be
 sugar, the minimum prices for A and B beet, the thre­              disregarded ;
 shold prices, the amount of compensation for storage
 costs and the prices to be applied in Spain and Portugal ;
Whereas the prices fixed by the Council have been                   Whereas any offer or prices taken into consideration
 reduced by Commission Regulation (EEC) No 1738/90 (4)              which are not for goods delivered in bulk cif Rotterdam
 establishing the prices and amounts fixed in ecus by the           must be adjusted ; whereas when this adjustment is being
                                                                    made account must be taken of the difference in the cost
 Council in the sugar sector and reduced as a result of the
 monetary realignment of 5 January 1990 ;                           of transporting the goods between the port of loading and
                                                                    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 (*);                                              Whereas, if information on sugar of the standard quality
                                                                    is to be comparable, the price increases or reductions
                                                                    fixed pursuant to Article 15 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 ;
 0   OJ No  L 114, 27. 4. 1989, p. 1 .
 O   OJ No  L 132, 23. 5. 1990, p. 1 .
 («) OJ No  L 161 , 27. 6. 1990, p. 27.                             0 OJ No L 94, 21 . 4. 1972, p. 1 .
 O   OJ No  L 89, 10. 4. 1968, p. 3.                                0 OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- No L 167/42                           Official Journal of the European Communities                                  30. 6. 90
Whereas, pursuant to Article 7 of Regulation (EEC) No                of 2,25 %, a rate of exchange based on their central
784/68, a special cif price may be established for sugar             rate, multiplied by the corrective factor provided for in
which has been specially treated or specially packed if the          the last subparagraph of Article 3 (1 ) of Council Regu­
offer price for such sugar is lower than the cif price esta­         lation (EEC) No 1676/85 ('), as last amended by Regu­
blished pursuant to the provisions referred to above ;               lation (EEC) No 1636/87 (2),
Whereas a cif price may, by way of exception, be left           — for other currencies, an exchange rate based on the
unchanged for a limited period if the offer price which              arithmetic mean of the spot market rates of each of
served as a basis for the previous calculation of the cif            these currencies recorded over a given period in rela­
price is not available to the Commission and if the offer            tion to the Community currencies referred to in the
prices which are available and which appear not to be                previous indent and the aforesaid coefficient ;
sufficiently representative of actual market trends would       Whereas it follows from applying these provisions that
entail sudden and considerable changes in the cif price ;       the levies for white sugar and raw sugar should be 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
reduction of not less than ECU 0,24 per 100 kilograms in         HAS ADOPTED THIS REGULATION :
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 :
                                                                                           Article 2
— in the case of currencies which are maintained in rela­
    tion to each other at any given moment within a band        This Regulation shall enter into force on 1 July 1990.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.                                 i
                  Done at Brussels, 29 June 1990.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
                                                                 (') OJ No L 164, 24. 6. 1985, p. 1 .
                                                                 (2) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 30 . 6. 90                            Official Journal of the European Communities                                                  No L 167/43
                                                                  ANNEX
           to the Commission Regulation of 29 June 1990 fixing the import levies on white sugar and
                                                                raw sugar
                                                                                                                    (ECU/WO kg)
                                    CN code                                                       Levy
                                   1701 11 10                                                    32,69 (')
                                   1701 11 90                                                    32,69 (l)
                                   1701 12 10                                                    32,69 0
                                   1701 12 90                                                    32,69 (')
                                   1701 91 00                                                    35,69
                                   1701 99 10                                                    35,69
                                   1701 99 90                                                    35,69 (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.