CELEX: 31992R0277
Language: en
Date: 1992-02-06 00:00:00
Title: Commission Regulation (EEC) No 277/92 of 5 February 1992 fixing the import levy on molasses

6. 2. 92                                 Official Journal of the European Communities                              No L 30/ 17
                                       COMMISSION REGULATION (EEC) No 277/92
                                                       of 5 February 1992
                                             fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        for each product on the basis of quotations or prices on
                                                                   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 molasses was defined by Regulation
Economic Community,                                                (EEC) No 785/68 of the Commission of 26 June 1968
                                                                   determining the standard quality and laying down
Having regard to Council Regulation (EEC) No 1785/81               detailed rules for calculating the cif price for molasses (*) ;
of 30 June 1981 on the common organization of the
market in sugar (>), as last amended by Regulation (EEC)
No 61 /92 (2), and in particular Article 16 (8) thereof,           Whereas, when the most favourable purchasing opportu­
                                                                   nities on the world market are being established, the
                                                                   Commission must take account of all available informa­
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81              tion on offers on the world market, on quotations on the
provides for charging a levy on imports of the products            exchanges which are important for world trade, on prices
listed in Article 1 (1 ) (c) of that Regulation ;
                                                                   recorded on important third-country markets and on sales
                                                                   concluded in international trade of which it has know­
Whereas, pursuant to Article 101 (1 ) of Council Decision          ledge, either directly or through the agency of the
91 /482/EEC of 25 July 1991 on the association of the              Member States ; whereas, under the terms of Article 7 of
overseas countries and territories with the European               Regulation (EEC) No 785/68, the Commission may for
Economic Community (3), no levies shall apply on                   this purpose take an average of several prices as a basis,
imports of products originating in the overseas countries          provided this average can be regarded as being representa­
and territories ; whereas, pursuant to Article 101 (4) of the      tive of actual market trends ;
abovementioned Decision, a special amount shall be
charged on imports of certain products originating in the
overseas countries and territories in order to prevent             Whereas the Commission must disregard information if
products originating from these countries and territories          the goods concerned are not of sound and fair marketable
from receiving more favourable treatment than similar              quality or if the price quoted in an offer relates to a small
products imported from Spain or Portugal into the                  quantity and is not representative of the market ; whereas
Community as constituted on 31 December 1985 ;                     offer prices which can be regarded as not representative of
                                                                    actual market trends must also be disregarded ;
Whereas the import levy on molasses must be equal to
the threshold price less the cif price ; whereas the
threshold price for molasses was fixed by Council Regula­          Whereas any prices or offer taken into consideration
tion (EEC) No 1718/91 of 13 June 1991 fixing, for the              which are not for delivery cif Rotterdam must be adjusted,
 1991 /92 marketing year, the derived intervention prices           account being taken in particular of the differences in the
for white sugar, the intervention price for raw sugar, the          cost of transporting the goods between the port of loading
minimum prices for A and B beet, the threshold prices,              and the port of destination and between the port of
the amount of compensation for storage costs and the                loading and Rotterdam ;
prices to be applied in Spain and Portugal (4) ;
                                                                    Whereas, if information on molasses of the standard
Whereas the cif price for molasses is calculated by the
Commission for a Community frontier crossing point                  quality is to be comparable, prices must, depending on
which was fixed at Rotterdam by Regulation (EEC) No                 the quality of the molasses offered, be increased or
431 /68 of the Council of 9 April 1968 determining the              reduced in the light of the results obtained by applying
standard quality for raw sugar and fixing the Community            Article 6 of Regulation (EEC) No 785/68 ;
frontier crossing point for calculating cif prices for
sugar 0 ;
                                                                    Whereas the cif price may, by way of exception, be left
                                                                    unchanged for a limited period if the offer price which
Whereas this price must be based on the most favourable             served as a basis for the previous calculation of the cif
purchasing opportunities on the world market established            price is not available to the Commission and if the offer
                                                                    prices which are available and which appear not to be
(') OJ  No L  177, 1 . 7. 1981 , p. 4.                              sufficiently representative of actual market trends would
0   OJ  No L  6, 11 . 1 . 1992, p. 19.                              entail sudden and considerable changes in the cif price ;'
(3) OJ  No L  263, 19. 9. 1991 , p. 1 .
(4) OJ  No L  162, 26. 6. 1991 , p. 23.
0   OJ  No L  89, 10. 4. 1968, p. 3.                                (6) OJ No L 145, 27. 6. 1968, p. 12.
 ---pagebreak--- No L 30/ 18                               Official Journal of the European Communities                                 6. 2. 92
Whereas the levy must be fixed each week ; whereas                      Journal of the European Communities, C series, over
pursuant to Article 5 of Regulation (EEC) No 837/68 of                   a period to be determined, multiplied by the coeffi­
the Commission of 28 June 1968 on detailed rules for the                 cient referred to in the preceding indent ;
application of levies on sugar ('), as last amended by Regu­
lation (EEC) No 1428/78 (2), the levy is altered only if the        Whereas these exchange rates being those recorded on 4
variation in the elements used to calculate it would entail         February 1992,
an increase or a reduction of not less than ECU 0,06 per
 100 kilograms in relation to the levy previously fixed ;
                                                                    HAS ADOPTED THIS REGULATION :
Whereas in accordance with Article 21 (1 ) of Regulation
(EEC) No 1785/81 , the nomenclature provided for in this
Regulation is incorporated in the Common Customs                                              Article 1
Tariff ;
Whereas if the levy system is to operate normally, levies            1 . The import levy referred to in Article 16 (1) of Regu­
should be calculated on currencies on the following basis :         lation (EEC) No 1785/81 is now ECU 0,63 per 100 kilo­
                                                                    grams in respect of molasses falling within CN codes
— in the case of currencies which are maintained in rela­            1703 10 00 and 1703 90 00.
     tion to each other at any given moment within a band
     of 2,25 %, a rate of exchange based on their central           2. However, no import levy applies to OCT originating
     rate, multiplied by the correcting factor provided for         products according to Article 101 (1 ) of Decision
     in the last subparagraph of Article 3 ( 1 ) of Council         91 /482/EEC.
     Regulation (EEC) No 1676/85 (3), as last amended by
     Regulation (EEC) No 2205/90 (4),                                                         Article 2
— for the other currencies, an exchange rate based on an
     average of the ecu rates published in the Official             This Regulation shall enter into force on 6 February 1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 5 February 1992.
                                                                              For the Commission
                                                                                Ray MAC SHARRY
                                                                          Member of the Commission
(') OJ  No  L  151 , 30.  6. 1968, p. 42.
(2) OJ  No  L  171 , 28.  6. 1978, p. 34.
(3) OJ  No  L  164,  24.  6. 1985, p. 1.
O   OJ  No  L  201 , 31 . 7. 1990, p. 9.