CELEX: 31992R0262
Language: en
Date: 1992-02-04 00:00:00
Title: Commission Regulation (EEC) No 262/92 of 3 February 1992 fixing the import levies on white sugar and raw sugar

No L 28/ 14                                Official Journal of the European Communities                                    4. 2. 92
                                         COMMISSION REGULATION (EEC) No 262/92
                                                         of 3 February 1992
                                   fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          the Community frontier crossing point for calculating cif
                                                                     prices for sugar (*) ;
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
                                                                     for each product on the basis of quotations or prices on
Having regard to the Act of Accession of Spain and                   that market adjusted for any deviation from the standard
Portugal,                                                            quality for which the threshold price is fixed ; whereas the
                                                                     standard quality for raw sugar was defined by Regulation
                                                                     (EEC) No 431 /68 and that for white sugar by Regulation
Having regard to Council Regulation (EEC) No 1785/81                 (EEC) No 793/72 (6);
of 30 June 1981 on the common organization of the
market in sugar ('), as last amended by Regulation (EEC)             Whereas, when the most favourable purchasing opportu­
No 61 /92 (2), and in particular Article 16 (8) 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
Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81               exchanges which are important for world trade, on prices
provides for charging a levy on imports of the products               recorded on important third-country markets, and on
listed in Article 1 ( 1 ) of that Regulation ;                        sales concluded in international trade of which it has
                                                                      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 1718/91 of 13                    784/68 of the Commission of 26 June 1968 laying down
June 1991 fixing, for the 1991 /92 marketing year, the                detailed rules for calculating cif prices for white sugar and
derived intervention prices for white sugar, the interven­            raw sugar f), the Commission must disregard information
tion price for raw sugar, the minimum prices for A and B              if the goods concerned are not of sound and fair marke­
beet, the threshold prices, the amount of compensation                table quality or if the price quoted in an offer relates to
for storage costs and the prices to be applied in Spain and           small quantities and is not representative of the market ;
Portugal (3) ;                                                        whereas offer prices which can be assumed not to be
                                                                      representative of the actual market trends must also be
                                                                      disregarded ;
Whereas, pursuant to Article 101 ( 1 ) of Council Decision
91 /482/EEC of 25 July 1991 on the association of the                 Whereas any offer or prices taken into consideration
overseas countries and territories with the European                  which are not for goods delivered in bulk cif Rotterdam
Economic Community (4), no levies shall apply on                      must be adjusted ; whereas when this adjustment is being
imports of products originating in the overseas countries             made account must be taken of the difference in the cost
and territories ; whereas, however, pursuant to Article 101           of transporting the goods between the port of loading and
(4) of the abovementioned Decision, a special amount                  the port of destination and between the port of loading
shall be charged on imports of certain products origi­                and Rotterdam ; whereas, if the price or the offer relates
nating in the overseas countries and territories in order to          to goods in bags, it must be reduced by ECU 0,73 per 100
prevent products originating from these countries and                 kilograms under the terms of Article 4 of Regulation
territories from receiving more favourable treatment than             (EEC) No 784/68 ;
similar products imported from Spain or Portugal into the
Community as constituted on 31 December 1985 ;
                                                                      Whereas, if information on sugar of the standard quality
                                                                      is to be comparable, the price increases or reductions
Whereas the cif price for raw sugar and white sugar is                fixed pursuant to Article 15 of Regulation (EEC) No
calculated by the Commission for a Community frontier                  1785/81 must be added to or deducted from the offers
crossing point which was fixed at Rotterdam by Regula­                taken into consideration in the case of white sugar ;
tion (EEC) No 431 /68 of the Council of 9 April 1968                  whereas, in the case of raw sugar, the corrective factors
determining the standard quality for raw sugar and fixing             provided for in Article 5 of Regulation (EEC) No 784/68
                                                                      must be applied ;
(') OJ  No  L  177, 1 . 7. 1981 , p. 4.
0   OJ  No  L  6, 11 . 1 . 1992, p. 19 .                              O OJ No L 89, 10. 4. 1968, p. 3.
(3) OJ  No  L  162, 26. 6. 1991 , p. 23.                              (6) OJ No L 94, 21 . 4. 1972. p. 1 .
(4) OJ  No  L  263, 19. 9 . 1991 , p. 1 .                             0 OJ No L 145, 27. 6. 1968 , p. 10 .
 ---pagebreak--- 4. 2. 92                              Official Journal of the European Communities                                No L 28/ 15
Whereas, pursuant to Article 7 of Regulation (EEC) No                 rate, multiplied by the corrective factor provided for in
784/68, a special cif price may be established for sugar              the last subparagraph of Article 3 (1 ) of Council Regu­
which has been specially treated or specially packed if the           lation (EEC) No 1676/85 ('), as last amended by Regu­
offer price for such sugar is lower than the cif price                lation (EEC) No 2205/90 (2),
established pursuant to the provisions referred to above ;      — for the other currencies, an exchange rate based on an
Whereas a cif price may, by way of exception, be left                 average of the ecu rates published in the Official
unchanged for a limited period if the offer price which               Journal of the European Communities, C series, over
served as a basis for the previous calculation of the cif             a period to be determined, multiplied by the coeffi­
price is not available to the Commission and if the offer             cient referred to in the preceding indent ;
prices which are available and which appear not to be           Whereas these exchange rates being those recorded on 31
sufficiently representative of actual market trends would       January 1992 ;
entail sudden and considerable changes in the cif price ;
                                                                Whereas it follows from applying these provisions that
Whereas the levy is altered only if the variation in the        the levies for white sugar and raw sugar should be as set
elements used to calculate it would entail an increase or a     out in the Annex hereto,
reduction of not less than ECU 0,24 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                                    Article 1
Regulation is incorporated in the Common Customs
Tariff ;                                                        The import levies referred to in Article 16 (1 ) of Regula­
                                                                 tion (EEC) No 1785/81 shall be, in respect of white sugar
Whereas, if the levy system is to operate normally, levies       and standard quality raw sugar, as set out in the Annex
should be calculated on the following basis :                    hereto.
— in the case of currencies which are maintained in rela­                                   Article 2
    tion to each other at any given moment within a band
    of 2,25 % , a rate of exchange based on their central        This Regulation shall enter into force on 4 February 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 3 February 1992.
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
                                                                  (') OJ No L 164, 24. 6. 1985, p. 1 .
                                                                  0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 28 / 16                            Official Journal of the European Communities                                              4. 2. 92
                                                                  ANNEX
             to the Commission Regulation of 3 February 1992 fixing the import levies on white sugar
                                                              and raw sugar
                                                                                                                     (ECU/100 kg)
                                      CN code                                                      Levy (')
                                    1701 11 10                                                     40,81 (')
                                    1701 11 90                                                     40,81 (')
                                    1701 12 10                                                     40,81 (')
                                    1701 12 90                                                     40,81 (')
                                    1701 91 00                                                     45,63
                                    1701 99 10                                                     45,63
                                    1701 99 90                                                     45,63 (2)
             (') 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.