CELEX: 31994R1573
Language: en
Date: 1994-07-01 00:00:00
Title: Commission Regulation (EC) No 1573/94 of 30 June 1994 fixing the import levies on white sugar and raw sugar

1 . 7. 94                                Official Journal of the European Communities                             No L 166/99
                                        COMMISSION REGULATION (EC) No 1573/94
                                                         of 30 June 1994
                                  fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         determining the standard quality for raw sugar and fixing
                                                                    the Community frontier crossing point for calculating cif
                                                                    prices for sugar P) ;
Having regard to the Treaty establishing the European
Community,
                                                                    Whereas this price must be based on the most favourable
                                                                    purchasing opportunities on the world market established
Having regard to Council Regulation (EEC) No 1785/81                for each product on the basis of quotations or prices on
of 30 June 1981 on the common organization of the                   that market adjusted for any deviation from the standard
market in sugar ('), as last amended by Regulation (EC)             quality for which the threshold price is fixed ; whereas the
No 133/94 (2), and in particular Article 16 (8) thereof,            standard quality for raw sugar was defined by Regulation
                                                                    (EEC) No 431 /68 and that for white sugar by Regulation
                                                                    (EEC) No 793/72 (8);
Having regard to Council Regulation (EEC) No 3813/92
of 28 December 1992 on the unit of account and the
conversion rates to be applied for the purposes of the
common agricultural policy (3), as amended by Regulation            Whereas, when the most favourable purchasing opportu­
(EC) No 3528/93 (4), and in particular Article 5 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
                                                                    exchanges which are important for world trade, on prices
Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81             recorded on important third-country markets, and on
provides for charging a levy on imports of the products             sales concluded in international trade of which it has
listed in Article 1 (1 ) of that Regulation ;                       knowledge either directly or through the agency of the
                                                                    Member States ;
Whereas the Council has not to date adopted the prices
for the 1994/95 marketing year, which commences on 1
                                                                    Whereas, however, pursuant to Regulation (EEC) No
July 1994 ; whereas the price factors determined by
                                                                    784/68 of the Commission of 26 June 1968 laying down
Commission Regulation (EC) No 151 8/94 (^ should
                                                                    detailed rules for calculating cif prices for white sugar and
accordingly be taken into account for the calculation of
the levies in order to ensure that the import arrangements
                                                                    raw sugar 0, the Commission must disregard information
                                                                    if the goods concerned are not of sound and fair marke­
continue to operate in the sector concerned ;
                                                                    table quality or if the price quoted in an offer relates to
                                                                    small quantities and is not representative of the market ;
                                                                    whereas offer prices which can be assumed not to be
Whereas, pursuant to Article 101 (1 ) of Council Decision           representative of the actual market trends must also be
91 /482/EEC of 25 July 1991 on the association of the               disregarded ;
overseas countries and territories with the European
Economic Community (% no levies shall apply on
imports of products originating in the overseas countries
and territories ;                                                   Whereas any offer or prices taken into consideration
                                                                    which are not for goods delivered in bulk cif Rotterdam
                                                                    must be adjusted ; whereas when this adjustment is being
                                                                    made account must be taken of the difference in the cost
Whereas the cif price for raw sugar and white sugar is              of transporting the goods between the port of loading and
calculated by the Commission for a Community frontier               the port of destination and between the port of loading
crossing point which was fixed at Rotterdam by Regula­              and Rotterdam ; whereas, if the price or the offer relates
tion (EEC) No 431 /68 of the Council of 9 April 1968                to goods in bags, it must be reduced by ECU 0,73 per 100
                                                                    kilograms under the terms of Article 4 of Regulation
(')  OJ  No L 177, 1 . 7. 1981 , p. 4.                              (EEC) No 784/68 ;
(2)  OJ  No L 22, 27. 1 . 1994, p. 7.
(3)  OJ No  L 387, 31 . 12. 1992, p. 1 .
(4)  OJ  No L 320, 22. 11 . 1993, p. 32.                            0 OJ No L 89, 10. 4. 1968, p. 3.
(0   OJ No  L 162, 30. 6. 1994, p. 43.                              (8) OJ No L 94, 21 . 4. 1972, p. 1 .
(0   OJ No L 263, 19 . 9 . 1991 , p. 1 .                            0 OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- No L 166/ 100                         Official Journal of the European Communities                                   1 . 7. 94
Whereas, if information on sugar of the standard quality        Whereas, in accordance with Article 21 (1 ) of Regulation
is to be comparable, the price increases or reductions          (EEC) No 1785/81 , the nomenclature provided for in this
fixed pursuant to Article 15 of Regulation (EEC) No             Regulation is incorporated in the Common Customs
1785/81 must be added to or deducted from the offers            Tariff ;
taken into consideration in the case of white sugar ;
whereas, in the case of raw sugar, the corrective factors       Whereas, in order to make it possible for the levy arrange­
provided for in Article 5 of Regulation (EEC) No 784/68         ments to function normally, the representative market
must be applied ;                                               rate established during the reference period from 29 June
                                                                1994, as regards floating currencies, should be used to
Whereas, pursuant to Article 7 of Regulation (EEC) No           calculate the levies ;
784/68, a special cif price may be established for sugar        Whereas it follows from applying these provisions that
which has been specially treated or specially packed if the     the levies for white sugar and raw sugar should be as set
offer price for such sugar is lower than the cif price          out in the Annex hereto,
established pursuant to the provisions referred to above ;
Whereas a cif price may, by way of exception, be left           HAS ADOPTED THIS REGULATION :
unchanged for a limited period if the offer price which
served as a basis for the previous calculation of the cif                                Article 1
price is not available to the Commission and if the offer
prices which are available and which appear not to be           The import levies referred to in Article 16 ( 1 ) of Regula­
sufficiently representative of actual market trends would       tion (EEC) No 1785/81 shall be, in respect of white sugar
entail sudden and considerable changes in the cif price ;       and standard quality raw sugar, as set out in the Annex
                                                                hereto.
Whereas the levy is altered only if the variation in the
elements used to calculate it would entail an increase or a
                                                                                         Article 2
reduction of not less than ECU 0,24 per 100 kilograms in
relation to the levy previously fixed ;                         This Regulation shall enter into force on 1 July 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 June 1994.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- 1 . 7. 94                             Official Journal of the European Communities                                             No L 166/ 101
                                                               ANNEX
          to the Commission Regulation of 30 June 1994 fixing the import levies on white sugar and
                                                              raw sugar
                                                                                                                  (ECU/100 kg)
                                     CN code                                                    Levy (3)
                                   1701 11 10                                                   34,21 (')
                                   1701 11 90                                                   34,21 0
                                   1701 12 10                                                   34,21 (')
                                   1701 12 90                                                   34,21 (0
                                   1701 91 00                                                   40,66
                                   1701 99 10                                                   40,66
                                   1701 99 90                                                   40,66 (2)
          (') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 of Commission Regulation
              (EEC) No 837/68 (OJ No L 151 , 30. 6. 1968, p. 42), as last amended by Regulation (EEC) No 1428/78 (OJ No L
              171 , 28 . 6. 1978, p. 34).
          (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.
          (3) No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.