CELEX: 31994R1957
Language: en
Date: 1994-07-29 00:00:00
Title: COMMISSION REGULATION (EC) No 1957/94 of 29 July 1994 fixing the import levies on white sugar and raw sugar

No L 198/88                              Official Journal of the European Communities                                   30 . 7. 94
                                         COMMISSION REGULATION (EC) No 1957/94
                                                          of 29 July 1994
                                    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 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 1 33/94 (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
 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
 fixed by Council Regulation (EC) No 1874/94 of 28 July              Whereas, however, pursuant to Regulation (EEC) No
 1994 fixing, for the 1994/95 marketing year, the derived            784/68 of the Commission of 26 June 1968 laying down
 intervention prices for white sugar, the intervention price         detailed rules for calculating cif prices for white sugar and
 for raw sugar, the minimum prices for A and B beet, the             raw sugar (9), the Commission must disregard information
 threshold prices, the amount of compensation for storage            if the goods concerned are not of sound and fair marke­
 costs (*) ;                                                         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
Whereas the cif price for raw sugar and white sugar is               made account must be taken of the difference in the cost
calculated by the Commission for a Community frontier                of transporting the goods between the port of loading and
crossing point which was fixed at Rotterdam by Regula­               the port of destination and between the port of loading
tion (EEC) No 431 /68 of the Council of 9 April 1968                 and Rotterdam ; whereas, if the price or the offer relates
determining the standard quality for raw sugar and fixing            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 .
O   OJ  No   L 320, 22. 11 . 1993, p. 32.                            0 OJ No L 89, 10. 4. 1968, p. 3.
0   OJ  No   L 197, 30. 7. 1994, p. 12.                              0 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--- 30. 7. 94                             Official Journal of the European Communities                           No L 198/89
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 28 July
                                                                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 l^vy 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 30 July 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 July 1994.
                                                                         For the Commission
                                                                            Rene STEICHEN
                                                                     Member of the Commission
 ---pagebreak--- No L 198/90                               Official Journal of the European Communities                                           30 . 7. 94
                                                                 ANNEX
            to the Commission Regulation of 29 July 1994 fixing the import levies on white sugar and
                                                                raw sugar
                                                                                                                    (ECU/100 kg)
                                        CN code                                                   Levy (3)
                                      1701 11 10                                                  33,51 (')
                                      1701 11 90                                                  33,51 (')
                                      1701 12 10                                                  33,51 (')
                                      1701 12 90                                                  33,51 (>)
                                      1701 91 00                                                  39,83
                                      1701 99 10                                                  39,83
                                      1701 99 90                                                  39,83 (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.