CELEX: 31990R3608
Language: en
Date: 1990-12-14 00:00:00
Title: Commission Regulation (EEC) No 3608/90 of 13 December 1990 fixing the import levies on white sugar and raw sugar

No L 350/68                               Official Journal of the European Communities                                 14. 12. 90
                                        COMMISSION REGULATION (EEC) No 3608/90
                                                      of 13 December 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
Having regard to the Treaty establishing the European               standard quality for raw sugar was defined by Regulation
Economic Community,                                                 (EEC) No 431 /68 and that for white sugar by Regulation
                                                                    (EEC) No 793/72 0 ;
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 ('), 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
Having regard to the opinion of the Monetary Committee,             knowledge either directly or through the agency of the
                                                                    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
Whereas the import levy on white sugar and raw sugar                detailed rules for calculating cif prices for white sugar and
must be equal to the threshold price less the cif price ;           raw sugar (*), the Commission must disregard information
whereas the threshold price for each of these products was          if the goods concerned are not of sound and fair marke­
fixed by Council Regulation (EEC) No 1313/90 of 14 May              table quality or if the price quoted in an offer relates to
1990 fixing, for the 1990/91 marketing year, the derived            small quantities and is not representative of the market ;
intervention prices for white sugar, the intervention price         whereas offer prices which can be assumed not to be
for raw sugar, the minimum prices for A and B beet, the             representative of the actual market trends must also be
threshold prices, the amount of compensation for storage            disregarded ;
costs and the prices to be applied in Spain and Portu­
gal 0 ;
                                                                    Whereas any offer or prices taken into consideration
Whereas the prices fixed by the Council have been                   which are not for goods delivered in bulk cif Rotterdam
reduced by Commission Regulation (EEC) No 1738/90 (4)               must be adjusted ; whereas when this adjustment is being
establishing the prices and amounts fixed in ecus by the            made account must be taken of the difference in the cost
Council in the sugar sector and reduced as a result of the          of transporting the goods between the port of loading and
monetary realignment of 5 January 1990 ;                            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 1 00
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 ;
(2) OJ  No L  114,  27. 4. 1989, p. 1 .
(J) OJ  No L  132,  23. 5. 1990, p. 3.
(<) OJ  No L  161 , 27. 6. 1990, p. 27.                             («) OJ No L 94, 21 . 4. 1972, p. 1 .
Is) OJ No L 89, 10. 4. 1968, p. 3.                                  f) OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- 14. 12. 90                             Official Journal of the European Communities                               No L 350/ 69
Whereas, pursuant to Article 7 of Regulation (EEC) No                 the last subparagraph of Article 3 ( 1 ) of Council Regu­
784/68, a special cif price may be established for sugar              lation (EEC) No 1676/85 (>), as last amended by Regu­
which has been specially treated or specially packed if the           lation (EEC) No 2205/90Q,
offer price for such sugar is lower than the cif price esta­     — for the other currencies, an exchange rate based on an
blished pursuant to the provisions referred to above ;                average of the ecu rates published in the Official
Whereas a cif price may, by way of exception, be left                 Journal of the European Communities, C series, over
unchanged for a limited period if the offer price which               a period to be determined, multiplied by the coeffi­
served as a basis for the previous calculation of the cif             cient referred to in the preceding indent ;
price is not available to the Commission and if the offer        Whereas these exchange rates being those recorded on 12
prices which are available and which appear not to be            December 1990 ;
sufficiently representative of actual market trends would
entail sudden and considerable changes in the cif price ;        Whereas it follows from applying these provisions that
                                                                 the levies for white sugar and raw sugar should be as set
Whereas the levy is altered only if the variation in the         out in the Annex hereto,
elements used to calculate it would entail an increase or a
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
                                                                                           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
Whereas, if the levy system is to operate normally, levies       and standard quality raw sugar, as set out in the Annex
                                                                 hereto.
should be calculated on the following basis :
— 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 14 December
    rate, multiplied by the corrective factor provided for in     1990 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 13 December 1990.
                                                                            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 350/70                            Official Journal of the European Communities                                                  14. 12. 90
                                                                   ANNEX
            to the Commission Regulation of 13 December 1990 fixing the import levies on white
                                                          sugar and raw sugar
                                                                                                                     (ECU/100 kg)
                                     CN code                                                       Levy
                                    1701 11 10                                                    39,37 0)
                                    1701 11 90                                                    39,37 (')
                                    1701 12 10                                                    39,37 (')
                                    1701 12 90                                                    39,37 (')
                                    1701 91 00                                                    45,27
                                    1701 99 10                                                    45,27
                                    1701 99 90                                                    45,27 (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.