CELEX: 31990R3517
Language: en
Date: 1990-12-06 00:00:00
Title: Commission Regulation (EEC) No 3517/90 of 5 December 1990 fixing the import levy on molasses

6 . 12. 90                               Official Journal of the European Communities                             No L 340/ 15
                                       COMMISSION REGULATION (EEC) No 3517/90
                                                      of 5 December 1990
                                             fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        standard quality for molasses was defined by Regulation
                                                                   (EEC) No 785/68 of the Commission of 26 June 1968
Having regard to the Treaty establishing the European              determining the standard quality and laying down
Economic Community,                                                detailed rules for calculating the cif price for molasses (6) ;
Having regard to the Act of Accession of Spain and                 Whereas, when the most favourable purchasing opportu­
Portugal,                                                          nities on the world market are being established, the
                                                                   Commission must take account of all available informa­
Having regard to Council Regulation (EEC) No 1785/81               tion on offers on the world market, on quotations on the
of 30 June 1981 on the common organization of the                  exchanges which are important for world trade, on prices
market in sugar ('), as last amended by Regulation (EEC)           recorded on important third-country markets and on sales
No 1069/89 (2), and in particular Article 16 (8) thereof,          concluded in international trade of which it has know­
                                                                   ledge, either directly or through the agency of the
                                                                   Member States ; whereas, under the terms of Article 7 of
Having regard to the opinion of the Monetary Committee,
                                                                   Regulation (EEC) No 785/68, the Commission may for
                                                                   this purpose take an average of several prices as a basis,
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81              provided this average can be regarded as being representa­
provides for charging a levy on imports of the products            tive of actual market trends ;
listed in Article 1 (1 ) (c) of that Regulation ;
Whereas the import levy on molasses must be equal to               Whereas the Commission must disregard information if
the threshold price less the cif price ; whereas the               the goods concerned are not of sound and fair marketable
threshold price for molasses was fixed by Council Regula­          quality or if the price quoted in an offer relates to a small
tion (EEC) No 1313/90 of 14 May 1990 fixing, for the               quantity and is not representative of the market ; whereas
1990/91 marketing year, the derived intervention prices            offer prices which can be regarded as not representative of
for white sugar, the intervention price for raw sugar, the         actual market trends must also be disregarded ;
minimum prices for A and B beet, the threshold prices,
the amount of compensation for storage costs and the
prices to be applied in Spain and Portugal (3) ;                   Whereas any prices or offer taken into consideration
                                                                   which are not for delivery cif Rotterdam must be adjusted,
                                                                   account being taken in particular of the differences in the
Whereas the threshold prices fixed by the Council have             cost of transporting the goods between the port of loading
been reduced by Commission Regulation (EEC) No                     and the port of destination and between the port of
1738/90 (4) determining the prices and amounts in ecus             loading and Rotterdam ;
applicable in the sugar sector for the 1990/91 marketing
year wich are reduced as a result of the monetary realign­
ment of 5 January 1990 ;                                           Whereas, if information on molasses of the standard
                                                                   quality is to be comparable, prices must, depending on
Whereas the cif price for molasses is calculated by the            the quality of the molasses offered, be increased or
Commission for a Community frontier crossing point                 reduced in the light of the results obtained by applying
which was fixed at Rotterdam by Regulation (EEC) No                Article 6 of Regulation (EEC) No 785/68 ;
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             Whereas the cif price may, by way of exception, be left
sugar 0 ;                                                          unchanged for a limited period if the offer price which
                                                                   served as a basis for the previous calculation of the cif
                                                                   price is not available to the Commission and if the offer
Whereas this price must be based on the most favourable            prices which are available and which appear not to be
purchasing opportunities on the world market established           sufficiently representative of actual market trends would
for each product on the basis of quotations or prices on           entail sudden and considerable changes in the cif price ;
that market adjusted for any deviation from the standard
quality for which the threshold price is fixed ; whereas the
                                                                   Whereas the levy must be fixed each week ; whereas
(•) OJ  No  L 177, 1 . 7. 1981 , p. 4.                             pursuant to Article 5 of Regulation (EEC) No 837/68 of
(2) OJ  No  L 114, 27. 4. 1989, p. 1 .                             the Commission of 28 June 1968 on detailed rules for the
0   OJ  No  L 132, 23. 5. 1990, p. 3.
0   OJ  No L  161 , 27. 6. 1990, p. 27.
0   OJ  No  L 89, 10. 4. 1968 , p. 3 .                             («) OJ No L 145, 27. 6. 1968, p. 12.
 ---pagebreak---  No L 340/ 16                              Official Journal of the European Communities                                6. 12. 90
application of levies on sugar ('), as last amended by Regu­             Journal of the European Communities, C series, over
 lation (EEC) No 1428/78 (2), the levy is altered only if the            a period to be determined, multiplied by the coeffi­
variation in the elements used to calculate it would entail              cient referred to in the preceding indent ;
an increase or a reduction of not less than ECU 0,06 per
 100 kilograms in relation to the levy previously fixed ;            Whereas these exchange rates being those recorded on 4
                                                                     December 1990,
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
                                                                     HAS ADOPTED THIS REGULATION :
Tariff ;
Whereas if the levy system is to operate normally, levies
                                                                                              Article 1
should be calculated on currencies on the following basis :
— in the case of currencies which are maintained in rela­            The import levy referred to in Article 16(1 ) of Regulation
     tion to each other at any given moment within a band            (EEC) No 1785/81 is now ECU 1,09 per 100 kilograms in
     of 2,25 % , a rate of exchange based on their central           respect of molasses falling within CN codes 1703 10 00
     rate, multiplied by the correcting factor provided for          and 1703 90 00 .
     in the last subparagraph of Article 3 (1 ) of Council
     Regulation (EEC) No 1676/85 (3), as last amended by                                      Article 2
     Regulation (EEC) No 2205/90 (4),
— for the other currencies, an exchange rate based on an             This Regulation shall enter into force on 6 December
     average of the ecu rates published in the Official              1990 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 5 December 1990 .
                                                                              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.
(4) OJ  No  L  201 , 31 . 7. 1990,  p. 9.