CELEX: 31990R3556
Language: en
Date: 1990-12-11 00:00:00
Title: Commission Regulation (EEC) No 3556/90 of 10 December 1990 fixing the import levies on white sugar and raw sugar

No L 346/ 14                           Official Journal of the European Communities                                  11 . 12. 90
                                    COMMISSION REGULATION (EEC) No 3556/90
                                                   of 10 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
                                                                  standard quality for raw sugar was defined by Regulation
Having regard to the Treaty establishing the European             (EEC) No 431 /68 and that for white sugar by Regulation
Economic Community,                                              (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 (6), 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 (3) ;
                                                                  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 100
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 ;
 0 OJ No L 114, 27. 4. 1989, p. 1 .
M OJ No L 132, 23. 5. 1990, p. 3.
 (4) OJ No L 161 , 27. 6. 1990, p. 27.                            (6) OJ No L 94, 21 . 4. 1972, p. 1 .
 0 OJ No L 89, 10. 4. 1968, p. 3.                                 f) OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- 11 . 12. 90                             Official Journal of the European Communities                               No L 346/ 15
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 2205/90 (2),
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 7
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 11 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, 10 December 1990.
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                                   (') OJ No L 164, 24. 6. 1985, p. 1 .
                                                                    2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 346/ 16                            Official Journal of the European Communities                                                   11 . 12. 90
                                                                    ANNEX
             to the Commission Regulation of 10 December 1990 fixing the import levies on white
                                                           sugar and raw sugar
                                                                                                                       (ECU/100 kg)
                                      CN code                                                        Levy
                                     1701 11 10                                                     39,37 (')
                                     17011190                                                       39,37 (>)
                                     170112 10                                                      39,37 (>)
                                     1701 12 90                                                     39,37 (')
                                     1701 91 00                                                     44,97
                                     1701 99 10                                                     44,97
                                     1701 99 90                                                     44,97 (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.