CELEX: 31994R2654
Language: en
Date: 1994-11-01 00:00:00
Title: Commission Regulation (EC) No 2654/94 of 31 October 1994 fixing the import levies on syrups and certain other products in the sugar sector

1 . 11 . 94                              Official Journal of the European Communities                             No L 284/ 15
                                       COMMISSION REGULATION (EC) No 2654/94
                                                      of 31 October 1994
                   fixing the import levies on syrups and certain other products in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        between the day on which it is fixed and the first day of
                                                                   the month following the month for which the basic
                                                                   amount is applicable, if the levy on white sugar differs by
Having regard to the Treaty establishing the European              at least ECU 0,73 from the average referred to above or
Community,                                                         from the levy on white sugar used to fix the basic
                                                                   amount ; whereas, in this case, the basic amount must be
                                                                   equal to one-hundredth of the levy on white sugar used to
                                                                   calculate the alteration :
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the
markets in the sugar sector ('), as last amended by Regula­
tion (EC) No 1 33/94 (2), and in particular Article 16 (8)
thereof,
                                                                   Whereas the basic amount thus fixed must be adjusted on
                                                                   the basis of variations in the threshold price for white
Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81            sugar occurring between the month in which the basic
provides for charging a levy on imports of the products            amount is fixed and the period of application ; whereas
listed in Article 1 ( 1 ) of that Regulation ;                     this adjustment, equal to one-hundredth of the difference
                                                                   between these two threshold prices, must be deducted
                                                                   from or added to the basic amount in the circumstances
                                                                   provided for in Article 7 (6) of Regulation (EEC) No
Whereas the levy on the products listed in Article 1 ( 1 ) (d)     837/68 ;
of Regulation (EEC) No 1785/81 must be calculated,
where appropriate, at a standard rate on the basis of the
sucrose content (including other sugars expressed as
sucrose) of the product concerned and of the levy on
white sugar ; whereas, however, the levies on maple sugar
and maple syrup are limited to the amount resulting from
application of the rate of duty bound within GATT ;                Whereas the levy on the products referred to in Article 1
                                                                   (1 ) (f) and (g) of Regulation (EEC) No 1785/81 comprises,
                                                                   under Article 1 6 (6) of that Regulation, a variable element
                                                                   and a fixed element, with the latter, per 100 kilograms of
Whereas Article 7 of Commission Regulation (EEC) No                dry matter, being equal to one-tenth of the fixed element
837/68 of 28 June 1968 on detailed rules for the applica­          established pursuant to point B of Article 11 ( 1 ) of
tion of levies on sugar (3), as last amended by Regulation         Council Regulation (EEC) No 1766/92 (*), as last amended
(EEC) No 1428/78 (4), provides that the basic amount of            by Regulation (EC) No 1866/94 (6), for the fixing of the
the levy for 100 kilograms of product must be fixed per            import levy on the products falling within CN codes
percentage point of sucrose content ;                               1702 30 91 , 1702 30 99, 1702 40 90 and 1702 90 50, and
                                                                   the variable element, per 100 kilograms of dry matter,
                                                                   being equal to 100 times the basic import levy applicable
Whereas the basic amount of the levy must be equal to              as from the first of each month in the case of the
one-hundredth of the average of the levies applicable to           products listed in Article 1 (1 ) (d) of Regulation (EEC) No
100 kilograms of white sugar during the first 20 days of            1785/81 ; whereas the levy must be fixed each month ;
the month preceding the month for which the basic
amount of the levy is fixed ; whereas, however, the levy
applicable to white sugar on the day of the fixing of the
basic amount must be substituted for the average of the
levies, where that levy differs by at least ECU 0,73 from
that average ;                                                     Whereas as a consequence of the amendment of Article 1
                                                                   (2) of Regulation (EEC) No 1785/81 and by virtue of
                                                                   Article 16 thereof, a levy is chargeable on imports of
Whereas the basic amount must be fixed each month ;                inuline syrup ; whereas the levy is defined in paragraph 6
whereas it must, however, be altered during the period             (a) of the said Article 16 as equal, per 100 kilograms of
                                                                   dry matter, to the levy fixed in accordance with paragraph
                                                                    6 of that Article multiplied by a coefficient of 1,9 ;
(') OJ   No L 177, 1 . 7. 1981 , p. 4.
(2) OJ   No L 22, 27. 1 . 1994, p. 7.
(3) OJ   No L 151 , 30. 6. 1968 , p. 42.                           0 OJ No L 181 , 1 . 7. 1992, p. 21 .
(4) OJ   No L 171 , 28 . 6. 1978, p. 34.                           H OJ No L 197, 30. 7. 1994, p. 1 .
 ---pagebreak---   No L 284/ 16                            Official Journal of the European Communities                               1 . 11 . 94
 Whereas, pursuant to Article 101 (1 ) of Council Decision          Whereas it follows from the application of these provi­
 91 /482/EEC of 25 July 1991 on the association of the              sions that the import levies on the products concerned
 overseas countries and territories with the European               should be as indicated in the Annex to this Regulation,
 Economic Community ('), no levies shall apply on
 imports of products originating in the overseas countries
 and territories ;                                                  HAS ADOPTED THIS REGULATION :
 Whereas the representative market rates defined in Article                                    Article 1
  1 of Council Regulation (EEC) No 3813/92 (2), as
 amended by Regulation (EC) No 3528/93 (3), are used to             The import levies on the products listed in Article 1 (1 )
 convert amounts expressed in third country currencies              (d), (f), (g) and (h) of Regulation (EEC) No 1785/81 shall
 and are used as the basis for determining the agricultural         be as indicated in the Annex hereto.
 conversion rates of the Member States' currencies ;
 whereas detailed rules on the application and determina­                                      Article 2
 tion of these conversions were set by Commission Regu­
 lation (EEC) No 1068/93 (4), as amended by Regulation              This Regulation shall enter into force on 1 November
 (EC) No 547/94 0 ;                                                 1994.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 31 October 1994.
                                                                                For the Commission
                                                                                  Rene STEICHEN
                                                                          Member of the Commission
(■) OJ No  L  263,  19 . 9. 1991 , p. 1 .
(2) OJ No  L  387,  31 . 12. 1992, p. 1 .
(3) OJ No  L  320,  22. 12. 1993, p. 32.
(4) OJ No  L  108,  1 . 5. 1993, p. 106.
j5) OJ No L 69, 12. 3. 1994, p. 1 .
 ---pagebreak--- 1 . 11 . 94                                      Official Journal of the European Communities                                                 No L 284/ 17
                                                                             ANNEX
                      to the Commission Regulation of 31 October 1994 fixing the basic amount of the import
                                        levy on syrups and certain other products in the sugar sector
                                                                                                                                                     (ECU)
                                                                Basic amount per percentage point                    Amount of levy per 100 kg
                          CN code                            of sucrose content and per 100 kg net
                                                                   of the product in question (')                         of dry matter (')
                        1702 20    10                                         0,4092                                             —
                        1702 20   90                                          0,4092                                             —
                        1702 30    10                                            —                                             50,59
                        1702 40    10                                            —                                             50,59
                        1702 60    10                                            —                                             50,59
                        1702 60   90  10 (2)                                     —                                             96,12
                        1702 60   90  90 (3)                                  0,4092                                             —
                        1702 90   30                                             —                                             50,59
                        1702 90   60                                          0,4092                                             —
                        1702 90   71                                          0,4092                                             —
                        1702 90   90  10 (4)                                     —                                             96,12
                        1702 90   90  90 0                                    0,4092                                             —
                        2106 90   30                                             —                                             50,59
                        2106 90   59                                          0,4092                                             —
    (') No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.
    (2) Taric code : Inulin syrup. For the purposes of classification under this subheading, 'Inulin syrup' means the immediate product obtained by hydro­
        lysis of inulin or oligofructoses.
    (3) Taric code : CN code 1702 60 90, other than inulin syrup.
    (4) Taric code : Inulin syrup. For the purposes of classification under this subheading, 'Inulin syrup' means the immediate product, other than that
        falling within subheading 1702 60 90, obtained by hydrolysis of inulin or oligofructoses, containing by weight in the dry state at least 10 % fruc­
        tose in free form or as sucrose.
    (*) Taric code : CN code 1702 90 90, other than inulin syrup.