CELEX: 31979R1328
Language: en
Date: 1979-06-30 00:00:00
Title: Commission Regulation (EEC) No 1328/79 of 29 June 1979 fixing the import levies on white sugar and raw sugar

30 . 6 . 79                              Official Journal of the European Communities                         No L 162/ 85
                                     COMMISSION REGULATION (EEC) No 1328/79
                                                         of 29 June 1979
                                 fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN                                     markets, and on sales concluded in international trade
COMMUNITIES ,                                                      of which it has knowledge either directly or through
                                                                   the agency of the Member States ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   Whereas, however, pursuant to Commission Regula­
 Having regard to Council Regulation (EEC) No                      tion (EEC) No 784/68 of 26 June 1968 laying down
3330/74 of 19 December 1974 on the common organi­                  detailed rules for calculating cif prices for white sugar
zation of the market in sugar ( J ), as last amended by            and raw sugar (6), the Commission must disregard
Regulation (EEC) No 1 396/78 (2), and in particular                information if the goods concerned are not of sound
Article 15 (7) thereof,                                            and fair marketable quality or if the price quoted in
                                                                   an offer relates to small quantities and is not represen­
 Having regard to the opinion of the Monetary
 Committee,
                                                                   tative of the market ; whereas offer prices which can
                                                                   be assumed not to be representative of the actual
Whereas Article :5 ( 1 ) of Regulation (EEC) No                     market trends must also be disregarded ;
3330/74 provides for charging a levy on imports of
the products listed in Article 1 (1 ) of that Regulation ;         Whereas any offer or prices taken into consideration
Whereas the import levy on white sugar and raw sugar               which are not for goods delivered in bulk cif
 must be equal to the threshold price less the cif price ;          Rotterdam must be adjusted ; whereas when this
whereas the threshold price for each of these products             adjustment is being made account must be taken of
was fixed by Council Regulation (EEC) No 1289/79 of                the difference in the cost of transporting the goods
 25 June 1979 fixing, for the 1979/80 sugar year, the              between the port of loading and the port of destina­
derived intervention prices, the intervention price for            tion and between the port of loading and Rotterdam ;
 raw beet, the threshold prices, the maximum amount                whereas, if the price or the offer relates to goods in
 of the production levy and the amount of the repay­               bags, it must be reduced by 0-60 unit of account per
 ment to offset storage costs (3 ) ;                                100 kilograms under the terms of Regulation (EEC)
                                                                    No 784/ 68 ;
Whereas the cif price for raw sugar and white sugar is
 calculated by the Commission for a Community fron­
 tier crossing point which was fixed at Rotterdam by               Whereas, if information on sugar of the standard
 Council Regulation (EEC) No 431 /68 of 9 April 1968                quality is to be comparable, the price increases or
determining the standard quality for raw sugar and                  reductions fixed pursuant to Article 14 of Regulation
 fixing the Community frontier crossing point for                  (EEC) No 3330/74 must be added to or deducted from
                                                                    the offers taken into consideration in the case of white
 calculating cif prices for sugar (4) ;
                                                                    sugar ; whereas, in the case of raw sugar, the corrective
Whereas this price must be based on the most favour­                factors provided for in Regulation (EEC) No 784/68
 able purchasing opportunities on the world market                  must be applied ;
 established for each product on the basis of quotations
 or prices on that market adjusted for any deviation               Whereas, pursuant to Article 7 of Regulation (EEC)
 from the standard quality for which the threshold                  No 784/68 , a special cif price may be established for
 price is fixed ; whereas the standard quality for raw              sugar which has been specially treated or specially
 sugar was defined by Regulation (EEC) No 431 /68                   packed if the offer price for such sugar is lower than
 and that for white sugar by Regulation (EEC) No                    the cif price established pursuant to the provisions
 793/72 of 17 April 1972 (5);                                       referred to above ;
Whereas, when the most favourable purchasing oppor­
 tunities on the world market are being established, the           Whereas a cif price may, by way of exception, be left
 Commission must take account of all available infor­
                                                                    unchanged for a limited period if the offer price
 mation on offers on the world market, on quotations               which served as a basis for the previous calculation of
on the exchanges which are important for world trade,               the cif price is not available to the Commission and if
on prices recorded on important third-country                       the offer prices which are available and which appear
                                                                    not to be sufficiently representative of actual market
(>) OJ   No L 359, 31 . 12. 1974, p. 1 .                            trends would entail sudden and considerable changes
(2) OJ   No L 170, 27. 6. 1978 , p. 1 .
(3) See  page 3 of this Official Journal .                          in the cif price ;
(4) OJ   No L 89 , 10 . 4. 1968 , p. 3 .
(5) OJ   No L 94, 21 . 4. 1972, p. 1 .                             (6) OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- No L 162/ 86                      Official Journal of the European Communities                                30 . 6 . 79
whereas the levy is altered only if the variation in the     Whereas Council Regulation (EEC) No 652/79 of 29
elements used to calculate it would entail an increase       March 1979 (*) laid down the coefficient for
or a reduction of not less than 0-20 unit of account         expressing amounts, fixed in units of account, in
per 100 kilograms in relation to the levy previously         ECU ;
fixed ;
                                                             Whereas it follows from applying these provisions
Whereas, in accordance with Article 21 ( 1 ) of Regula­      that the levies for white sugar and raw sugar should be
tion (EEC) No 3330/74, the nomenclature provided             as set out in the Annex hereto,
for in this Regulation is incorporated in the Common
Customs Tariff ;
                                                             HAS ADOPTED THIS REGULATION :
Whereas, if the levy system is to operate normally,
levies should be calculated on the following basis :
                                                                                       Article 1
— in the case of currencies which are maintained in
    relation to each other at any given moment within        The import levies referred to in Article 15 ( 1 ) of Regu­
    a band of 2-25 % , a rate of exchange based on           lation (EEC) No 3330/74 shall be, in respect of white
    their effective parity ;                                 sugar and standard quality raw sugar, as set out in the
— for other currencies, an exchange rate based on the        Annex hereto.
    arithmetic mean of the spot market rates of each
    of these currencies recorded for a given period in                                 Article 2
    relation to the Community currencies referred to
    in the previous indent ;                                 This Regulation shall enter into force on 1 July 1979 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 June 1979 .
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
                                                             (>) OJ No L 84, 4 . 4 . 1979 , p. 1 .
 ---pagebreak--- 30 . 6. 79                                Official Journal of the European Communities                                                             No L 162/ 87
                                                                          ANNEX
           to the Commission Regulation of 29 June 1979 fixing the import levies on white sugar and
                                                                         raw sugar
                                                                                                                                      (ECU / 100 kg)
                   CCT
                  heading                                                 Description                                                     Levy
                    No
           17.01                    Beet sugar and cane sugar, in solid form :
                                   A. White sugar ; flavoured or coloured sugar                                                        32.55
                                    B. Raw sugar                                                                                       25.90 (')
           (') 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 Regulation ( EEC) No 837 / 68 .