CELEX: 31992R3873
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3873/92 of 30 December 1992 fixing the import levies on cereals and on wheat or rye flour, groats and meal

No L 390/ 118                           Official Journal of the European Communities                              31 . 12. 92
                                    COMMISSION REGULATION (EEC) No 3873/92
                                                    of 30 December 1992
                   fixing the import levies on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       purchasing opportunities on the world market among
                                                                  those which are most representative of the real trend of
Having regard to the Treaty establishing the European             the market, account being taken in particular of the need
Economic Community,                                               to prevent sudden variations likely to cause abnormal
                                                                  disturbances on the Community market ; whereas the
                                                                  quality of the goods offered must also be taken into
Having regard to the Act of Accession of Spain and                account, whether this quality corresponds to the standard
Portugal,                                                         quality fixed in Council Regulations (EEC) No 2731 /75
                                                                  (> 2), as last amended by Regulation (EEC) No 2094/87 (13),
Having regard to Council Regulation (EEC) No 2727/75              and (EEC) No 2734/75, or whether adjustments need to
of 29 October 1975 on the common organization of the              be made by applying the coefficients of equivalence
market in cereals ('), as last amended by Regulation (EEC)        provided for in Commission Regulations No 158/67/EEC
No 1738/92 (2), and in particular Article 13(5) thereof,          (14), as last amended by Regulation (EEC) No 2644/91 (15),
                                                                  and No 159/67/EEC (16) ;
Having regard to Council Regulation (EEC) No 1676/85
of 11 June 1985 on the value of the unit of account and
the exchange rates to be applied for the purposes of the          Whereas the cif price is calculated for Rotterdam on the
common agricultural policy (3), as last amended by Regu­          basis of the abovementioned elements, offers for other
lation (EEC) No 2205/90 (4), and in particular Article 3           ports being adjusted, account being taken of the correc­
thereof,                                                           tions necessitated by the differences in transport charges
                                                                   in relation to Rotterdam :
Having regard to Council Regulation (EEC) No 3813/92
of 28 December 1992 on the unit of account and the
conversion rates to be applied for the purposes of the            Whereas Council Regulations (EEC) No 51 8/92 (17), (EEC)
common agricultural policy (^ and in particular Article 5          No 519/92 (18) and (EEC) No 520/92 (19) of 27 February
thereof,                                                           1992 on certain procedures for applying the Interim
                                                                  Agreements on trade and trade-related matters between
Whereas the first subparagraph of Article 13(1 ) of Regu­          the European Economic Community and the European
lation (EEC) No 2727/75 provides that a levy must be               Coal and Steel Community, of the one part, and the
charged on imports of the products listed in Article 1 (a),        Republic of Poland, the Republic of Hungary and the
(b) and (c) of that Regulation ; whereas the levy is equal         Czech and Slovak Federal Republic respectively, of the
for each product to the threshold price less the cif price ;       other part, introduce arrangements for reducing import
                                                                   levies on certain products ; whereas Commission Regula­
                                                                   tion (EEC) No 585/92 (20), as amended by Regulation
Whereas, the threshold prices for cereals and for wheat           (EEC) No 955/92 (2I), lays down detailed rules for
and rye flour, and wheat groats and meal, were fixed for           applying the arrangements provided for in these agree­
1992/93, marketing year by Council Regulations (EEC)               ments as regards cereals ;
No 2734/75 (% (EEC) No 1 739/92 0, (EEC) No
1 742/92 (8) and Commission Regulation (EEC) No
 1801 /92 0 ;
                                                                  Whereas Council Regulation (EEC) No 715/90 (22), as last
                                                                   amended by Regulation (EEC) No 444/92 ("), lays down
Whereas, for the purpose of calculating the cif prices used        the arrangements applicable on agricultural products and
to determine the levies, the Commission must take into             certain goods resulting from the processing of agricultural
account the factors indicated in Commission Regulation             products originating in the African, Caribbean and Pacific
No 156/67/EEC (10), as last amended by Regulation (EEC)           States or in the overseas countries and territories ;
No 31 /76 ("), and in particular the most favourable
                                                                  H     OJ   No  L 281 , 1 . 11 . 1975, p. 22.
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                           H     OJ   No  L 196, 17. 7. 1987, p. 1 .
(2) OJ No L 180, 1 . 7. 1992, p. 1 .                              (,4)  OJ   No  128, 27. 6. 1967, p. 2536/67.
(3) OJ No L 164, 24. 6. 1985, p. 1 .                              H     OJ   No  L 247, 5. 9. 1991 , p. 23.
(4) OJ No L 201 , 31 . 7. 1990, p. 9.                             O     OJ   No  128, 27. 6. 1967, p. 2542/67.
O OJ No L 387, 31 . 12. 1992, p. 1 .                              (17)  OJ   No  L 56, 29. 2. 1992, p. 3 .
(6) OJ No L 281 , 1 . 11 . 1975, p. 34.                           H     OJ   No  L 56, 29. 2. 1992, p. 6.
0 OJ No L 180, 1 . 7. 1992, p. 2.                                 (")   OJ   No  L 56, 29. 2. 1992, p. 9.
(8) OJ No L 180, 1 . 7. 1992, p. 6.                               (20)  OJ   No  L 62, 7. 3 . 1992, p. 40 .
O OJ No L 182, 2. 7. 1992, p. 83.                                 (21 ) OJ   No  L 102, 16. 4. 1992, p. 26.
(,0) OJ No 128, 27. 6. 1967, p. 2533/67.                          (22)  OJ   No  L 84, 30. 3. 1990, p. 85.
(") OJ No L 5, 10. 1 . 1976, p. 18 .                              (23)  OJ   No  L 52, 27. 2. 1992, p. 7.
 ---pagebreak--- 31 . 12. 92                            Official Journal of the European Communities                          No L 390/ 119
Whereas, pursuant to Article 101 ( 1 ) of Council Decision       Whereas on importation into Portugal of products listed
91 /482/EEC of 25 July 1991 on the association of the            in Annex XXIV to the Act of Accession an additional
overseas countries and territories with the European             amount is added to the levy ; whereas these amounts were
Economic Community ('), no levies shall apply on                 set by Commission Regulation (EEC) No 3808/90 (2) ;
imports of products originating in the overseas countries
and territories ; whereas, pursuant to Article 101 (4) of the    Whereas it follows from applying all the provisions of the
abovementioned Decision, a special amount shall be               abovementioned Regulations that the levies should be as
                                                                 set out in the Annex thereto ; whereas these levies are
charged on imports of certain products originating in the
overseas countries and territories in order to prevent           altered only where variations in the components used to
products originating from these countries and territories        calculate them have the effect of increasing or reducing
from receiving more favourable treatment than similar            them by ECU 0,73 or more,
products imported from Spain or Portugal into the
Community as constituted on 31 December 1985 ;                   HAS ADOPTED THIS REGULATION :
Whereas, in accordance with Article 18(1 ) of Regulation
(EEC) No 2727/75, the nomenclature provided for in this                                     Article 1
Regulation is incorporated in the combined nomencla­
ture ;                                                           The import levies to be charged on the products listed in
                                                                 Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75
Whereas, in order to make it possibile for the levy arran­       shall be as set out in the Annex hereto.
gements to function normally, the representative market
rate established during the reference period from 30                                        Article 2
December 1992, as regards floating currencies, should be
used to calculate the levies ;                                   This Regulation shall enter into force on 1 January 1993 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 30 December 1992.
                                                                          For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 263, 19. 9. 1991 , p. 1 .                            O OJ No L 367, 29. 12. 1990, p. 1 .
 ---pagebreak--- No L 390/ 120                              Official Journal of the European Communities                                            31 . 12. 92
                                                                   ANNEX
              to the Commission Regulation of 30 December 1992 fixing the import levies on cereals and
                                                on wheat or rye flour, groats and meal
                                                                                                                      (ECU/tonne)
                                         CN code                                           Third countries (')
                                        0709 90 60                                               133,20 (2)(3)
                                        0712 90 19                                 '             1 33,20 (2)(3)
                                        1001 10 00                                               1 72,54 OOH
                                        1001 90 91                                               144,86
                                        1001 90 99                                               1 44,86 (")
                                        1002 00 00                                               1 56,99 (6)
                                        1003 00 10                                               124,24
                                        1003 00 20                                               124,24
                                        1003 00 80                                               1 24,24 (")
                                        1004 00 00                                               113,52
                                        1005 10 90                                               1 33,20 (2)(3)
                                        1005 90 00                                               1 33,20 (2)(3)
                                        1007 00 90                                               1 34,67 (4)
                                        1008 10 00                                                 47,20 (")
                                        1008 20 00                                                 68,68 (4)
                                        1008 30 00                                                 37,49 (5)
                                        1008 90 10                                                  0
                                        1008 90 90                                                 37,49
                                        1101 00 00                                               215,56 (8)(")
                                        1102 1000                                                232,55 (8)
                                        1103 11 30                                               280,90 (8) (,0)
                                        1103 11 50                                               280,90 (8)(10)
                                        1103 11 90                                               231,82 (8)
               (') Where durum wheat originating in Morocco is transported directly from that country to the Community, the
                    levy is reduced by ECU 0,60/tonne.
               (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into
                    the French overseas departments, originating in the African, Caribbean and Pacific States,
               (') Where maize originating in the ACP is imported into the Community the levy is reduced by ECU 1,81 /tonne.
               (4) Where millet and sorghum originating in the ACP is imported into the Community the levy is applied in accor­
                    dance with Regulation (EEC) No 715/90 .
               (■') Where durum wheat and canary seed produced in Turkey are transported directly from that country to the
                    Community, the levy is reduced by ECU 0,60/tonne.
               (6) The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­
                    nity is laid down in Council Regulation (EEC) No 1180/77 and Commission Regulation (EEC) No 2622/71 .
               f) The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triti­
                    cale).
               (") On importation into Portugal the levy is increased by the amount specified in Article 2 (2) of Regulation (EEC)
                    No 3808 /90 .
               (9) No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC, except if
                    paragraph 4 of the same Article applies .
              (10) An amount equal to the amount fixed by Regulation (EEC) No 1825/91 is to be levied in accordance with
                    Article 101 (4) of Decision 91 /482/EEC.
              (") Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­
                    ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued
                    in accordance with Regulation (EEC) No 585/92 have been presented, are subject to the levies set out in the
                    Annex to that Regulation.