CELEX: 31991R1854
Language: en
Date: 1991-06-29 00:00:00
Title: Commission Regulation (EEC) No 1854/91 of 28 June 1991 fixing the import levy on molasses

29 . 6. 91                                Official Journal of the European Communities                             No L 168 /27
                                        COMMISSION REGULATION (EEC) No 1854/91
                                                         of 28 June 1991
                                              fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         determining the standard quality and laying down
                                                                    detailed rules for calculating the cif price for molasses (*) ;
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas, when the most favourable purchasing opportu­
                                                                    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
Having regard to Council Regulation (EEC) No 1785/81                exchanges which are important for world trade, on prices
of 30 June 1981 on the common organization of the                   recorded on important third-country markets and on sales
market in sugar ('), as last amended by Regulation (EEC)            concluded in international trade of which it has know­
 No 464/91 (2), and in particular Article 16 (8) thereof,           ledge, either directly or through the agency of the
                                                                    Member States ; whereas, under the terms of Article 7 of
                                                                    Regulation (EEC) No 785/68 , the Commission may for
                                                                    this purpose take an average of several prices as a basis,
Having regard to the opinion of the Monetary Committee,             provided this average can be regarded as being representa­
                                                                    tive of actual market trends ;
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81
provides for charging a levy on imports of the products             Whereas the Commission must disregard information if
listed in Article 1 ( 1 ) (c) of that Regulation ;                  the goods concerned are not of sound and fair marketable
                                                                    quality or if the price quoted in an offer relates to a small
                                                                    quantity and is not representative of the market ; whereas
                                                                    offer prices which can be regarded as not representative of
Whereas the import levy on molasses must be equal to                actual market trends must also be disregarded ;
the threshold price less the cif price ; whereas the
threshold price for molasses was fixed by Council Regula­
tion (EEC) No 1718/91 of 13 June 1991 fixing, for the               Whereas any prices or offer taken into consideration
 1991 /92 marketing year, the derived intervention prices           which are not for delivery cif Rotterdam must be adjusted,
for white sugar, the intervention price for raw sugar, the          account being taken in particular of the differences in the
minimum prices for A and B beet, the threshold prices,              cost of transporting the goods between the port of loading
the amount of compensation for storage costs and the                and the port of destination and between the port of
prices to be applied in Spain and Portugal (3) ;                    loading and Rotterdam ;
Whereas the cif price for molasses is calculated by the             Whereas, if information on molasses of the standard
Commission for a Community frontier crossing point                  quality is to be comparable, prices must, depending on
which was fixed at Rotterdam by Regulation (EEC) No                 the quality of the molasses offered, be increased or
431 /68 of the Council of 9 April 1968 determining the              reduced in the light of the results obtained by applying
standard quality for raw sugar and fixing the Community             Article 6 of Regulation (EEC) No 785/68 ;
frontier crossing point for calculating cif prices for
sugar (4) ;
                                                                    Whereas the cif price may, by way of exception, be left
                                                                    unchanged for a limited period if the offer price which
                                                                    served as a basis for the previous calculation of the cif
Whereas this price must be based on the most favourable             price is not available to the Commission and if the offer
purchasing opportunities on the world market established            prices which are available and which appear not to be
for each product on the basis of quotations or prices on            sufficiently representative of actual market trends would
that market adjusted for any deviation from the standard            entail sudden and considerable changes in the cif price ;
quality for which the threshold price is fixed ; whereas the
standard quality for molasses was defined by Regulation
(EEC) No 785/68 of the Commission of 26 June 1968                   Whereas the levy must be fixed each week ; whereas
                                                                    pursuant to Article 5 of Regulation (EEC) No 837/68 of
0   OJ  No  L 177, 1 . 7. 1981 , p. 4.                              the Commission of 28 June 1968 on detailed rules for the
(2) OJ  No  L 54, 28 . 2. 1991 , p. 22.
(3) OJ  No  L 162, 26. 6. 1991 , p. 23.
(4) OJ  No  L 89, 10 . 4. 1968 , p. 3 .                             (5) OJ No L 145, 27. 6. 1968 , p. 12.
 ---pagebreak--- No L 168 /28                               Official Journal of the European Communities                                29 . 6. 91
application of levies on sugar ('), as last amended by Regu­            Journal of the European Communities, C series, over
lation (EEC) No 1428/78 (2), the levy is altered only if the             a period to be determined, multiplied by the coeffi­
variation in the elements used to calculate it would entail              cient referred to in the preceding indent ;
an increase or a reduction of not less than ECU 0,06 per
 100 kilograms in relation to the levy previously fixed ;            Whereas these exchange rates being those recorded on 27
                                                                     June 1991 ,
Whereas in accordance with Article 21 (1 ) of Regulation
(EEC) No 1785/81 , the nomenclature provided 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 currencies on the following basis :                                   Article 1
— in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band            The import levy referred to in Article 16(1 ) of Regulation
     of 2,25 % , a rate of exchange based on their central           (EEC) No 1785/81 is now ECU 0,21 per 100 kilograms in
     rate, multiplied by the correcting factor provided for          respect of molasses falling within CN codes 1703 10 00
                                                                     and 1703 90 00 .
     in the last subparagraph of Article 3 ( 1 ) of Council
     Regulation (EEC) No 1676/85 (3), as last amended by
     Regulation (EEC) No 2205/90 (4),                                                         Article 2
— for the other currencies, an exchange rate based on an
     average of the ecu rates published in the Official              This Regulation shall enter into force on 1 July 1991 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                     Done at Brussels, 28 June 1991 .
                                                                               For the Commission
                                                                                Ray MAC SHARRY
                                                                          Member of the Commission
(') OJ   No L  151 ,  30.  6. 1968, p. 42.
(2) OJ   No L  171 ,  28 . 6. 1978, p. 34.
O   OJ   No L  164,   24.  6. 1985, p. 1.
(4) OJ  No  L 201 ,   31 . 7. 1990, p. 9.