CELEX: 31998R2713
Language: en
Date: 1998-12-16 00:00:00
Title: Commission Regulation (EC) No 2713/98 of 16 December 1998 fixing the representative prices and the additional import duties for molasses in the sugar sector

17. 12. 98           EN                Official Journal of the European Communities                                    L 342/5
                                  COMMISSION REGULATION (EC) No 2713/98
                                                   of 16 December 1998
                 fixing the representative prices and the additional import duties for molasses in
                                                       the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas the information must be disregarded if the
                                                                  goods concerned are not of sound and fair marketable
                                                                  quality or if the price quoted in the offer relates only to a
                                                                  small quantity that is not representative of the market;
Having regard to the Treaty establishing the European
                                                                  whereas offer prices which can be regarded as not rep-
Community,
                                                                  resentative of actual market trends must also be dis-
                                                                  regarded;
Having regard to Council Regulation (EEC) No 1785/81
of 30 June 1981 on the common organization of the                 Whereas, if information on molasses of the standard
market in sugar (1), as last amended by Regulation (EC)           quality is to be comparable, prices must, depending on
No 1148/98 (2),                                                   the quality of the molasses offered, be increased or
                                                                  reduced in the light of the results achieved by applying
                                                                  Article 6 of Regulation (EEC) No 785/68;
Having regard to Commission Regulation (EC) No 1422/
95 of 23 June 1995 laying down detailed rules of applica-
tion for imports of molasses in the sugar sector and              Whereas a representative price may be left unchanged by
amending Regulation (EEC) No 785/68 (3), and in partic-           way of exception for a limited period if the offer price
ular Articles 1 (2) and 3 (1) thereof,                            which served as a basis for the previous calculation of the
                                                                  representative price is not available to the Commission
                                                                  and if the offer prices which are available and which
Whereas Regulation (EC) No 1422/95 stipulates that the            appear not to be sufficiently representative of actual
cif import price for molasses, hereinafter referred to as the     market trends would entail sudden and considerable
‘representative price', should be set in accordance with          changes in the representative price;
Commission Regulation (EEC) No 785/68 (4); whereas
that price should be fixed for the standard quality defined
in Article 1 of the above Regulation;                             Whereas where there is a difference between the trigger
                                                                  price for the product in question and the representative
                                                                  price, additional import duties should be fixed under the
                                                                  conditions set out in Article 3 of Regulation (EC) No
Whereas the representative price for molasses is calcu-
                                                                  1422/95; whereas should the import duties be suspended
lated at the frontier crossing point into the Community,
                                                                  pursuant to Article 5 of Regulation (EC) No 1422/95,
in this case Amsterdam; whereas that price must be based
                                                                  specific amounts for these duties should be fixed;
on the most favourable purchasing opportunities on the
world market established on the basis of the quotations or
prices on that market adjusted for any deviations from the
standard quality; whereas the standard quality for                Whereas application of these provisions will have the
molasses is defined in Regulation (EEC) No 785/68;                effect of fixing the representative prices and the addi-
                                                                  tional import duties for the products in question as set
                                                                  out in the Annex to this Regulation;
Whereas, when the most favourable purchasing opportun-
ities on the world market are being established, account
must be taken of all available information on offers on           Whereas Article 2 of Council Regulation (EC) No 1103/
the world market, on the prices recorded on important             97 of 17 June 1997 on certain provisions relating to the
third-country markets and on sales concluded in inter-            introduction of the euro (5) provides that, as from 1
national trade of which the Commission is aware, either           January 1999, all references to the ecu in legal instru-
directly or through the Member States; whereas, under             ments are to be replaced by references to the euro at the
Article 7 of Regulation (EEC) No 785/68, the Commis-              rate of EUR 1 to ECU 1;
sion may for this purpose take an average of several prices
as a basis, provided that this average is representative of
actual market trends;                                             Whereas the measures provided for in this Regulation are
                                                                  in accordance with the opinion of the Management
(1) OJ L 177, 1. 7. 1981, p. 4.                                   Committee for Sugar,
(2) OJ L 159, 3. 6. 1998, p. 38.
(3) OJ L 141, 24. 6. 1995, p. 12.
(4) OJ L 145, 27. 6. 1968, p. 12.                                 (5) OJ L 162, 19. 6. 1997, p. 1.
 ---pagebreak--- L 342/6           EN                     Official Journal of the European Communities                                               17. 12. 98
             HAS ADOPTED THIS REGULATION:
                                                                  Article 1
             The representative prices and the additional duties applying to imports of the products
             referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.
                                                                  Article 2
             This Regulation shall enter into force on 17 December 1998.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 16 December 1998.
                                                                                         For the Commission
                                                                                            Franz FISCHLER
                                                                                    Member of the Commission
                                                                   ANNEX
        fixing the representative prices and additional import duties applying to imports of molasses in
                                                             the sugar sector
                                                                                                        Amount of the duty to be
                                                                                                       applied to imports in ECU
                               Amount of the representative          Amount of the additional              per 100 kg net of the
              CN code         price in ECU per 100 kg net of       duty in ECU per 100 kg net of            product in question
                                  the product in question             the product in question           because of suspension as
                                                                                                        referred to in Article 5 of
                                                                                                     Regulation (EC) No 1422/95 (2)
        1703 10 00 (1)                      6,17                               0,28                                 —
        1703 90 00 ( )1                     7,02                               0,11                                 —
        (1) For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.
        (2) This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff
            duty fixed for these products.