CELEX: 31991R1849
Language: en
Date: 1991-06-29 00:00:00
Title: Commission Regulation (EEC) No 1849/91 of 28 June 1991 fixing the import levies on white sugar and raw sugar

No L 168 / 16                              Official Journal of the European Communities                                   29 . 6. 91
                                        COMMISSION REGULATION (EEC) No 1849/91
                                                          of 28 June 1991
                                    fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           (EEC) No 431 /68 and that for white sugar by Regulation
                                                                      (EEC) No 793/72 0 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                      Whereas, when the most favourable purchasing opportu­
Having regard to the Act of Accession of Spain and                    nities on the world market are being established, the
                                                                      Commission must take account of all available informa­
Portugal,
                                                                      tion on offers on the world market, on quotations on the
                                                                      exchanges which are important for world trade, on prices
Having regard to Council Regulation (EEC) No 1785/81                  recorded on important third-country markets, and on
                                                                      sales concluded in international trade of which it has
of 30 June 1981 on the common organization of the
market in sugar ('), as last amended by Regulation (EEC)              knowledge either directly or through the agency of the
                                                                      Member States ;
No 464/91 (2), and in particular Article 16 (8) thereof,
Having regard to the opinion of the Monetary Committee,
                                                                      Whereas, however, pursuant to Regulation (EEC) No
                                                                      784/68 of the Commission of 26 June 1968 laying down
Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81                detailed rules for calculating cif prices for white sugar and
provides for charging a levy on imports of the products               raw sugar (6), the Commission must disregard information
listed in Article 1 ( 1 ) of that Regulation ;                        if the goods concerned are not of sound and fair marke­
                                                                      table quality or if the price quoted in an offer relates to
                                                                      small quantities and is not representative of the market ;
Whereas the import levy on white sugar and raw sugar                  whereas offer prices which can be assumed not to be
must be equal to the threshold price less the cif price ;             representative of the actual market trends must also be
whereas the threshold price for each of these products was            disregarded ;
fixed by Council Regulation (EEC) No 1718/91 of 13
June 1991 fixing, for the 1991 /92 marketing year, the
derived intervention prices for white sugar, the interven­
tion price for raw sugar, the minimum prices for A and B
beet, the threshold prices, the amount of compensation                Whereas any offer or prices taken into consideration
for storage costs and the prices to be applied in Spain and           which are not for goods delivered in bulk cif Rotterdam
Portugal (3) ;                                                        must be adjusted ; whereas when this adjustment is being
                                                                      made account must be taken of the difference in the cost
                                                                      of transporting the goods between the port of loading and
Whereas the cif price for raw sugar and white sugar is                the port of destination and between the port of loading
calculated by the Commission for a Community frontier                 and Rotterdam ; whereas, if the price or the offer relates
crossing point which was fixed at Rotterdam by Regula­                to goods in bags, it must be reduced by ECU 0,73 per 100
tion (EEC) No 431 /68 of the Council of 9 April 1968                  kilograms under the terms of Article 4 of Regulation
determining the standard quality for raw sugar and fixing             (EEC) No 784/68 ;
the Community frontier crossing point for calculating cif
prices for sugar (4) ;
Whereas this price must be based on the most favourable               Whereas, if information on sugar of the standard quality
purchasing opportunities on the world market established              is to be comparable, the price increases or reductions
for each product on the basis of quotations or prices on              fixed pursuant to Article 15 of Regulation (EEC) No
                                                                       1785/81 must be added to or deducted from the offers
that market adjusted for any deviation from the standard
quality for which the threshold price is fixed ; whereas the          taken into consideration in the case of white sugar ;
standard quality for raw sugar was defined by Regulation              whereas, in the case of raw sugar, the corrective factors
                                                                      provided for in Article 5 of Regulation (EEC) No 784/68
                                                                      must be applied ;
(') OJ No   L  177, 1 . 7. 1981 , p. 4.
(2) OJ No   L  54, 28 . 2. 1991 , p. 22.
O   OJ No   L  162, 26. 6. 1991 , p. 23 .                             (*) OJ No L 94, 21 . 4. 1972, p. 1 .
(4) OJ No   L  89 , 10 . 4. 1968 , p. 3.                              (6) OJ No L 145 , 27 . 6. 1968 , p. 10 .
 ---pagebreak--- 29 . 6. 91                            Official Journal of the European Communities                              No L 168/17
                                 f
Whereas, pursuant to Article 7 of Regulation (EEC) No                rate, multiplied by the corrective factor provided for in
784/68, a special cif price may be established for sugar             the last subparagraph of Article 3 (1 ) of Council Regu­
which has been specially treated or specially packed if the          lation (EEC) No 1676/85 ('), as last amended by Regu­
offer price for such sugar is lower than the cif price esta­         lation (EEC) No 2205/90 (2),
blished pursuant to the provisions referred to above ;           — for the other currencies, an exchange rate based on an
Whereas a cif price may, by way of exception, be left                average of the ecu rates published in the Official
unchanged for a limited period if the offer price which              Journal of the European Communities, C series, over
served as a basis for the previous calculation of the cif            a period to be determined, multiplied by the coeffi­
price is not available to the Commission and if the offer             cient referred to in the preceding indent ;
prices which are available and which appear not to be            Whereas these exchange rates being those recorded on 27
sufficiently representative of actual market trends would        June 1991 ;
entail sudden and considerable changes in the cif price ;
                                                                 Whereas it follows from applying these provisions that
Whereas the levy is altered only if the variation in the         the levies for white sugar and raw sugar should be as set
elements used to calculate it would entail an increase or a      out in the Annex hereto,
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
(EEC) No 1785/81 , the nomenclature provided for in this                                   , Article 1
Regulation is incorporated in the Common Customs
Tariff ;                                                         The import levies referred to in Article 16 (1 ) of Regula­
                                                                 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
should be calculated on the following basis :                    hereto.
— 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 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 164, 24. 6. 1985, p. 1 .
                                                                 (2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 168/ 18                            Official Journal of the European Communities                                            29 . 6. 91
                                                                  ANNEX
             to the Commission Regulation of 28 June 1991 fixing the import levies on white sugar and
                                                                 raw sugar
                                                                                                                  (ECU/100 kg)
                                      CN code                                                       Levy
                                     1701 11 10                                                    34,42 (')
                                    1701 11 90                                                     34,42 (')
                                    1701 12 10                                                     34,42 (')
                                    1701 12 90                                                   . 34,42 0
                                    1701 91 00                                                     40,21
                                    1701 99 10                                                     40,21
                                     1701 99 90                                                    40,21 (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).
             (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.