CELEX: 31992R1735
Language: en
Date: 1992-07-01 00:00:00
Title: Commission Regulation (EEC) No 1735/92 of 30 June 1992 fixing the import levies on white sugar and raw sugar

1 . 7. 92                                 Official Journal of the European Communities                             No L 179/ 121
                                       COMMISSION REGULATION (EEC) No 1735/92
                                                         of 30 June 1992
                                   fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas the cif price for raw sugar and white sugar is
                                                                    calculated by the Commission for a Community frontier
                                                                    crossing point which was fixed at Rotterdam by Regula­
Having regard to the Treaty establishing the European               tion (EEC) No 431 /68 of the Council of 9 April 1968
Economic Community,                                                 determining the standard quality for raw sugar and fixing
                                                                    the Community frontier crossing point for calculating cif
Having regard to the Act of Accession of Spain and                  prices for sugar (*);
Portugal,
Having regard to Council Regulation (EEC) No 1785/81                Whereas this price must be based on the most favourable
of 30 June 1981 on the common organization of the                   purchasing opportunities on the world market established
market in sugar ('), as last amended by Regulation (EEC)             for each product on the basis of quotations or prices on
No 61 /92 (2), and in particular Article 16 (8) thereof,            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
Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81              (EEC) No 431 /68 and that for white sugar by Regulation
provides for charging a levy on imports of the products             (EEC) No 793/72Q ;
listed in Article 1 (1 ) of that Regulation ;
Whereas the import levy on white sugar and raw sugar                Whereas, when the most favourable purchasing opportu­
must be equal to the threshold price less the cif price ;            nities on the world market are being established, the
whereas the threshold price for each of these products was           Commission must take account of all available informa­
fixed by Council Regulation (EEC) No 1718/91 of 13                   tion on offers on the world market, on quotations on the
June 1991 fixing, for the 1991 /92 marketing year, the               exchanges which are important for world trade, on prices
derived intervention prices for white sugar, the interven­           recorded on important third-country markets, and on
tion price for raw sugar, the minimum prices for A and B            sales concluded in international trade of which it has
beet, the threshold prices, the amount of compensation               knowledge either directly or through the agency of the
for storage costs and the prices to be applied in Spain and         Member States ;
Portugal (3) ;
Whereas, pending the fixing of the prices applicable for            Whereas, however, pursuant to Regulation (EEC) No
the 1992/93 marketing year, the threshold prices appli­              784/68 of the Commission of 26 June 1968 laying down
cable on 30 June 1992 should be laid down pursuant to                detailed rules for calculating cif prices for white sugar and
Commission Regulation (EEC) No 1599/92 of 24 June                    raw sugar (8), the Commission must disregard information
 1992 on precautionary measure and the suspension of                 if the goods concerned are not of sound and fair marke­
advance fixing in certain agricultural sectors (4),                  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, however, pursuant to Article 101         Whereas any offer or prices taken into consideration
(4) of the abovementioned Decision, a special amount                which are not for goods delivered in bulk cif Rotterdam
shall be charged on imports of certain products origi­               must be adjusted ; whereas when this adjustment is being
                                                                     made account must be taken of the difference in the cost
nating in the overseas countries and territories in order to
prevent products originating from these countries and                of transporting the goods between the port of loading and
territories from receiving more favourable treatment than            the port of destination and between the port of loading
similar products imported from Spain or Portugal into the            and Rotterdam ; whereas, if the price or the offer relates
Community as constituted on 31 December 1985 ;                       to goods in bags, it must be reduced by ECU 0,73 per 100
                                                                     kilograms under the terms of Article 4 of Regulation
                                                                    (EEC) No 784/68 ;
(') OJ  No  L  177, 1 . 7. 1981 , p. 4.
(2) OJ  No  L  6, 11 . 1 . 1992, p. 19.
(3) OJ  No  L  162, 26. 6. 1991 , p. 23.                            (6) OJ No L 89, 10. 4. 1968, p. 3.
(4) OJ  No  L  169, 24. 6. 1992, p. 12.                             o OJ No L 94, 21 . 4. 1972, p. 1 .
0   OJ  No  L  263, 19. 9. 1991 , p. 1 .                            (") OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- No L 179 / 122                        Official Journal of the European Communities                                   1 . 7. 92
Whereas, if information on sugar of the standard quality             of 2,25 %, a rate of exchange based on their central
is to be comparable, the price increases or reductions               rate, multiplied by the corrective factor provided for in
fixed pursuant to Article 15 of Regulation (EEC) No                  the last subparagraph of Article 3 (1 ) of Council Regu­
1785/81 must be added to or deducted from the offers                 lation (EEC) No 1676/85 ('), as last amended by Regu­
taken into consideration in the case of white sugar ;                lation (EEC) No 2205/90 (2),
whereas, in the case of raw sugar, the corrective factors
provided for in Article 5 of Regulation (EEC) No 784/68         — for the other currencies, an exchange rate based on an
must be applied ;                                                    average of the ecu rates published in the Official
                                                                     Journal of the European Communities, C series, over
Whereas, pursuant to Article 7 of Regulation (EEC) No                a period to be determined, multiplied by the coeffi­
784/68, a special cif price may be established for sugar             cient referred to in the preceding indent ;
which has been specially treated or specially packed if the
offer price for such sugar is lower than the cif price           Whereas these exchange rates being those recorded on 29
established pursuant to the provisions referred to above ;       June 1992 ;
Whereas a cif price may, by way of exception, be left
unchanged for a limited period if the offer price which          Whereas it follows from applying these provisions that
served as a basis for the previous calculation of the cif        the levies for white sugar and raw sugar should be as set
price is not available to the Commission and if the offer        out in the Annex hereto,
prices which are available and which appear not to be
sufficiently representative of actual market trends would
entail sudden and considerable changes in the cif price ;
                                                                 HAS ADOPTED THIS REGULATION :
Whereas the levy is altered only if the variation in the
elements used to calculate it would entail an increase or a
reduction of not less than ECU 0,24 per 100 kilograms in                                   Article 1
relation to the levy previously fixed ;
Whereas, in accordance with Article 21 ( 1 ) of Regulation       The import levies referred to in Article 16 (1 ) of Regula­
(EEC) No 1785/81 , the nomenclature provided for in this         tion (EEC) No 1785/81 shall be, in respect of white sugar
Regulation is incorporated in the Common Customs                 and standard quality raw sugar, as set out in the Annex
Tariff ;                                                         hereto.
Whereas, if the levy system is to operate normally, levies
should be calculated on the following basis :                                              Article 2
— in the case of currencies which are maintained in rela­
    tion to each other at any given moment within a band         This Regulation shall enter into force on 1 July 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 June 1992.
                                                                           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--- 1 . 7. 92                            Official Journal of the European Communities                                            No L 179/ 123
                                                               ANNEX
          to the Commission Regulation of 30 June 1992 fixing die import levies on white sugar and
                                                              raw sugar
                                                                                                               (ECU/100 kg)
                                   CN code                                                     Levy (3)
                                 1701 11 10                                                    37,12 0
                                 1701 11 90                                                    37,12 0
                                 1701 1210                                                     37,12 0
                                 1701 12 90                                                    37,12 0
                                 1701 91 00                                                    44,82
                                 1701 99 10                                                    44,82
                                 1701 99 90                                                    44,82 0
          (') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 of Commission Regulation
              (EEC) No 837/68.
          (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.
              However, an amount equal to the amount fixed by Regulation (EEC) No 1870/91 B to be levied in accordance
              with Article 101 (4) of the abovementioned Decision.