CELEX: 31992R1813
Language: en
Date: 1992-07-03 00:00:00
Title: Commission Regulation (EEC) No 1813/92 of 2 July 1992 fixing the import levies on white sugar and raw sugar

No L 183/ 18                              Official Journal of the European Communities                                    3. 7. 92
                                        COMMISSION REGULATION (EEC) No 1813/92
                                                           of 2 July 1992
                                    fixing the import levies on white sugar and raw sugar
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           determining the standard quality for raw sugar and fixing
                                                                      the Community frontier crossing point for calculating cif
                                                                      prices for sugar f5) ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                      Whereas this price must be based on the most favourable
Having regard to the Act of Accession of Spain and                    purchasing opportunities on the world market established
Portugal,                                                             for each product on the basis of quotations or prices on
                                                                      that market adjusted for any deviation from the standard
                                                                     quality for which the threshold price is fixed ; whereas the
Having regard to Council Regulation (EEC) No 1785/81                 standard quality for raw sugar was defined by Regulation
of 30 June 1981 on the common organization of the                    (EEC) No 431 /68 and that for white sugar by Regulation
market in sugar ('), as last amended by Regulation (EEC)             (EEC) No 793/72 0 ;
No 61 /92 (2), and in particular Article 16 (8) thereof,
Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81               Whereas, when the most favourable purchasing opportu­
provides for charging a levy on imports of the products              nities on the world market are being established, the
listed in Article 1 (1 ) of that Regulation ;                        Commission must take account of all available informa­
                                                                     tion on offers on the world market, on quotations on the
                                                                     exchanges which are important for world trade, on prices
Whereas the import levy on white sugar and raw sugar                 recorded on important third-country markets, and on
must be equal to the threshold price less the cif price ;            sales concluded in international trade of which it has
whereas the threshold price for each of these products was           knowledge either directly or through the agency of the
fixed by Council Regulation (EEC) No 1748/92 (3) fixing,             Member States ;
for the 1992/93 marketing year, the derived intervention
prices for white sugar, the intervention price for raw
sugar, the minimum prices for A and B beet, the thre­
shold prices, the amount of compensation for storage
costs and the prices to be applied in Spain and Portugal ;           Whereas, however, pursuant to Regulation (EEC) No
                                                                     784/68 of the Commission of 26 June 1968 laying down
                                                                     detailed rules for calculating cif prices for white sugar and
                                                                     raw sugar f), the Commission must disregard information
Whereas, pursuant to Article 101 (1 ) of Council Decision            if the goods concerned are not of sound and fair marke­
91 /482/EEC of 25 July 1991 on the association of the                table quality or if the price quoted in an offer relates to
overseas countries and territories with the European                 small quantities and is not representative of the market ;
Economic Community (4), no levies shall apply on                     whereas offer prices which can be assumed not to be
imports of products originating in the overseas countries            representative of the actual market trends must also be
and territories ; whereas, however, pursuant to Article 101
                                                                     disregarded ;
(4) of the abovementioned Decision, a special amount
shall be charged on imports of certain products origi­
nating in the overseas countries and territories in order to
prevent products originating from these countries and
territories from receiving more favourable treatment than            Whereas any offer or prices taken into consideration
similar products imported from Spain or Portugal into the            which are not for goods delivered in bulk cif Rotterdam
Community as constituted on 31 December 1985 ;                       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
                                                                     (EEC) No 784/68 ;
(') OJ  No  L  177, 1 . 7. 1981 , p. 4.
(2) OJ  No  L  6, 11 . 1 . 1992, p. 19.                              0 OJ No L 89, 10. 4. 1968, p. 3.
f)  OJ  No  L  181 , 1 . 7. 1992, p. 13.                             (6) OJ No L 94, 21 . 4. 1972, p. 1 .
0   OJ  No  L  263, 19. 9. 1991 , p. 1 .                             0 OJ No L 145, 27. 6. 1968, p. 10.
 ---pagebreak--- 3. 7. 92                              Official Journal of the European Communities                              No L 183/ 19
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 1
established pursuant to the provisions referred to above ;      July 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 3 July 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 2 July 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                      Member of the Commission
                                                                o OJ No L 164, 24. 6. 1985, p. 1 .
                                                                (*) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 183/20                             Official Journal of the European Communities                                           3. 7. 92
                                                                 ANNEX
             to the Commission Regulation of 2 July 1992 fixing the import levies on white sugar and
                                                                raw sugar
                                                                                                                 (ECU/100 kg)
                                     CN code                                                     Levy (3)
                                    1701 11 10                                                   38,44 (')
                                    1701 11 90                                                   38,44 (>)
                                   1701 1210                                                     38,44 0
                                   1701 12 90                                                    38,44 (l)
                                   1701 91 00                                                    45,11
                                   1701 99 10                                                    45,11
                                   1701 99 90                                                    45,110
            (') 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.