CELEX: 31977R1437
Language: en
Date: 1977-07-01 00:00:00
Title: Commission Regulation (EEC) No 1437/77 of 30 June 1977 fixing the import levy on molasses

No L 161 / 12                               Official Journal of the European Communities                               1 . 7. 77
                                       COMMISSION REGULATION (EEC) No 1437/77
                                                            of 30 June 1977
                                                 fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN                                        on     prices recorded      on   important  third-country
COMMUNITIES,                                                          markets and on sales concluded in international trade
                                                                      of which it has knowledge, either directly or through
Having regard to the Treaty establishing the European                 the agency of the Member States ; whereas, under the
Economic Community,                                                   terms of Article 7 of Regulation (EEC) No 785/68, the
Having regard to Council Regulation (EEC) No                          Commission may for this purpose take an average of
3330/74 of 19 December 1974 on the common organi­                     several prices as a basis, provided this average can be
zation of the market in sugar (! ), as last amended by                regarded as being representative of actual market
Regulation (EEC) No 11 10/77 (2), and in particular                   trends ;
Article 15 (7) thereof,
                                                                      Whereas the Commission must disregard information
Having regard to the opinion of the Monetary                          if the goods concerned are not of sound and fair
Committee,                                                            marketable quality or if the price quoted in an offer
                                                                      relates to a small quantity and is not representative of
Whereas Article 15 ( 1 ) of Regulation (EEC) No                       the market ; whereas offer prices which can be
3330/74 provides for charging a levy on imports of                    regarded as not representative of actual market trends
the products listed in Article 1 ( 1 ) of that Regulation ;           must also be disregarded ;
Whereas the import levy on molasses must be equal
to the threshold price less the cif price ; whereas the               Whereas, of the offer prices taken into consideration,
threshold price for molasses was fixed by Council                     those which are not for delivery cif Rotterdam must
Regulation (EEC) No 1113/77 of 17 May 1977 fixing,                    be adjusted, account being taken in particular of the
for the 1977/78 sugar year, the derived intervention                  differences in the cost of transporting the goods
prices, the intervention price for raw beet sugar, the                between the port of loading and the port of destina­
minimum prices for beet, the threshold prices, the                    tion and between the port of loading and Rotterdam ;
maximum amount of the production levy and the
amount of the repayment to offset storage costs (3) ;                 Whereas, if information on molasses of the standard
                                                                      quality is to be comparable, prices must, depending
Whereas the cif price for molasses is calculated by the               on the quality of the molasses offered, be increased or
Commission for a Community frontier crossing point                    reduced in the light of the results obtained by
which was fixed at Rotterdam by Council Regulation                    applying Article 6 of Regulation (EEC) No 785/68 ;
(EEC) No 431 /68 of 9 April 1968 determining the
standard quality for raw sugar and fixing the Commu­                  Whereas the cif price may, by way of exception, be
nity frontier crossing point for calculating cif prices
                                                                      left unchanged for a limited period if the offer price
for sugar (4) ;
                                                                      which served as a basis for the previous calculation of
Whereas this price must be based on the most favour­                  the cif price is not available to the Commission and if
able purchasing opportunities on the world market                     the offer prices which are available and which appear
established for each product on the basis of quotations               not to be sufficiently representative of actual market
or prices on that market adjusted for any deviation                   trends would entail sudden and considerable changes
from the standard quality for which the threshold                     in the cif price ;
price is fixed ; whereas the standard quality for
molasses was defined by Commission Regulation                         Whereas the levy must be fixed each week ; whereas
(EEC) No 785/68 of 26 June 1968 determining the                       pursuant to Article 5 of Commission Regulation
standard quality and laying down detailed rules for                   (EEC) No 837/68 of 28 June 1968 on detailed rules
calculating the cif price for molasses (5) ;                          for the application of levies on sugar (6), as last
                                                                      amended by Regulation (EEC) No 1491 /70 (7), the
Whereas, when the most favourable purchasing oppor­                   levy is altered only if the variation in the elements
tunities on the world market are being established, the               used to calculate it would entail an increase or a reduc­
Commission must take account of all available infor­
                                                                      tion of not less than 0 05 unit of account per 100 kilo­
mation on offers on the world market, on quotations                   grams in relation to the levy previously fixed ;
on the exchanges which are important for world trade,
                                                                      Whereas, in accordance with Article 21 ( 1 ) of Regula­
(')  OJ No L   359, 31 . 12 . 1974, p . 1 .                           tion (EEC) No 3330/74, the nomenclature provided
(2 ) OJ No L    134, 28 . 5 . 1977, p . 1 .
(3 ) OJ No L    134 , 28 . 5 . 1977, p . 1 1 .
(4 ) OJ No L   89, 10 . 4 . 1968 , p . 3 .                            (6) OJ No L 151 , 30 . 6. 1968 , p. 42.
(5 ) OJ No L    145 , 27 . 6 . 1968 , p . 12.                         ( 7) OJ No L 16S, 28 . 7 . 1970, p . 8 .
 ---pagebreak--- 1 . 7 . 77                           Official Journal of the European Communities                                 No L 161 / 13
for in this Regulation is incorporated in the Common                   Whereas it follows from applying all these provisions
Customs Tariff ;                                                       that the levy for molasses should be fixed as shown in
                                                                       the Annex to this Regulation,
Whereas, if the levy system is to operate normally,
levies should be calculated on the following basis :
— in the case of currencies which are maintained in                    HAS ADOPTED THIS REGULATION :
     relation to each other, at any given moment,
     within a band of 2-25 % , a rate of exchange based
     on their effective parity ;                                                              Article 1
— for other currencies an exchange rate based on the                   The levy referred to in Article 15 ( 1 ) of Regulation
     arithmetic mean of the spot market rates of each                  (EEC) No 3330/74 is, in respect of molasses, hereby
     of these currencies recorded for a given period, in               fixed as shown in the Annex to this Regulation.
     relation to the Community currencies referred to
     in the previous subparagraph ;
                                                                                              Article 2
Whereas the opinion of the Monetary Committee was
requested ;                                                            This Regulation shall enter into force on 1 July 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 June 1977.
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
                                                            ANNEX
                 to the Commission Regulation of 30 June 1977 fixing the import levies on molasses
                                                                                                        (u.aJlOO kg)
                     CCT
                   heading                              Description of goods                             Levy
                      No
               17.03             Molasses, whether or not decolorized                                     0