CELEX: 31991R0015
Language: en
Date: 1991-01-04 00:00:00
Title: Commission Regulation (EEC) No 15/91 of 3 January 1991 fixing the import levy on molasses

No L 2/ 8                               Official Journal of the European Communities                                   4. 1 . 91
                                       COMMISSION REGULATION (EEC) No 15/91
                                                      of 3 January 1991
                                            fixing the import levy on molasses
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        standard quality for molasses was defined by Regulation
                                                                   (EEC) No 785/68 of the Commission of 26 June 1968
                                                                   determining the standard quality and laying down
Having regard to the Treaty establishing the European              detailed rules for calculating the cif price for molasses (6) ;
Economic Community,
                                                                   Whereas, when the most favourable purchasing opportu­
Having regard to Council Regulation (EEC) No 1785/81               nities on the world market are being established, the
of 30 June 1981 on the common organization of the                  Commission must take account of all available informa­
market in sugar ('), as last amended by Regulation (EEC)           tion on offers on the world market, on quotations on the
No 3577/90 (2), and in particular Article 16 (8) thereof,          exchanges which are important for world trade, on prices
                                                                   recorded on important third-country markets and on sales
                                                                   concluded in international trade of which it has know­
Having regard to the opinion of the Monetary Committee,            ledge, either directly or through the agency of the
                                                                   Member States ; whereas, under the terms of Article 7 of
Whereas Article 16(1 ) of Regulation (EEC) No 1785/81              Regulation (EEC) No 785/68, the Commission may for
prpvides for charging a levy on imports of the products            this purpose take an average of several prices as a basis,
listed in Article 1 (1 ) (c) of that Regulation ;                  provided this average can be regarded as being representa­
                                                                   tive of actual market trends ;
Whereas the import levy on molasses must be equal to
the threshold price less the cif price ; whereas the               Whereas the Commission must disregard information if
threshold price for molasses was fixed by Council Regula­          the goods concerned are not of sound and fair marketable
tion (EEC) No 1313/90 of 14 May 1990 fixing, for the               quality or if the price quoted in an offer relates to a small
1990/91 marketing year, the derived intervention prices            quantity and is not representative of the market ; whereas
for white sugar, the intervention price for raw sugar, the         offer prices which can be regarded as not representative of
minimum prices for A and B beet, the threshold prices,             actual market trends must also be disregarded ;
the amount of compensation for storage costs and the
prices to be applied in Spain and Portugal (3) ;
                                                                   Whereas any prices or offer taken into consideration
                                                                   which are not for delivery cif Rotterdam must be adjusted,
Whereas the threshold prices fixed by the Council have             account being taken in particular of the differences in the
been reduced by Commission Regulation (EEC) No                     cost of transporting the goods between the port of loading
1738/90 (4) determining the prices and amounts in ecus              and the port of destination and between the port of
applicable in the sugar sector for the 1990/91 marketing            loading and Rotterdam ;
year wich are reduced as a result of the monetary realign­
ment of 5 January 1990 ;
                                                                   Whereas, if information on molasses of the standard
                                                                   quality is to be comparable, prices must, depending on
Whereas the cif price for molasses is calculated by the             the quality of the molasses offered, be increased or
Commission for a Community frontier crossing point                  reduced in the light of the results obtained by applying
which was fixed at Rotterdam by Regulation (EEC) No                Article 6 of Regulation (EEC) No 785/68 ;
431 /68 of the Council of 9 April 1968 determining the
standard quality for raw sugar and fixing the Community
frontier crossing point for calculating cif prices for             Whereas the cif price may, by way of exception, be left
sugar (*) ;                                                        unchanged for a limited period if the offer price which
                                                                    served as a basis for the previous calculation of the cif
                                                                   price is not available to the Commission and if the offer
Whereas this price must be based on the most favourable             prices which are available and which appear not to be
purchasing opportunities on the world market established            sufficiently representative of actual market trends would
for each product on the basis of quotations or prices on            entail sudden and considerable changes in the cif price ;
that market adjusted for any deviation from the standard
quality for which the threshold price is fixed ; whereas the
                                                                   Whereas the levy must be fixed each week ; whereas
(') OJ  No  L 177, 1 . 7. 1981 , p. 4.                              pursuant to Article 5 of Regulation (EEC) No 837/68 of
0   OJ  No  L 353, 17. 12. 1990, p. 23.                             the Commission of 28 June 1968 on detailed rules for the
0   OJ  No  L 132, 23. 5. 1990, p. 3.
(4) OJ No   L 161, 27. 6. 1990, p. 27.
(4 OJ No L 89, 10. 4. 1968, p. 3.                                   («) OJ No L 145, 27. 6. 1968, p. 12.
 ---pagebreak--- 4. 1 . 91                                  Official Journal of the European Communities                                 No L 2/9
application of levies on sugar ('), as last amended by Regu­             Journal of the European Communities, C series, over
lation (EEC) No 1428/78 (2), the levy is altered only if the             a period to be determined, multiplied by the coeffi­
variation in the elements used to calculate it would entail              cient referred to in the preceding indent ;
an increase or a reduction of not less than ECU 0,06 per
 100 kilograms in relation to the levy previously fixed ;            Whereas these exchange rates being those recorded on 2
                                                                     January 1991 ,
Whereas in accordance with Article 21 ( 1 ) of Regulation
(EEC) No 1785/81 , the nomenclature provided for in this
Regulation is incorporated in the Common Customs
Tariff ;                                                              HAS ADOPTED THIS REGULATION :
Whereas if the levy system is to operate normally, levies
should be calculated on currencies on the following basis :                                   Article 1
— in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band             The import levy referred to in Article 16 ( 1) of Regulation
     of 2,25 %, a rate of exchange based on their central             (EEC) No 1785/81 is now ECU 0,96 per 100 kilograms in
     rate, multiplied by the correcting factor provided for           respect of molasses falling within CN codes 1 703 10 00
                                                                      and 1703 90 00.
     in the last subparagraph of Article 3 (1 ) of Council
     Regulation (EEC) No 1 676/85 Q), as last amended by
     Regulation (EEC) No 2205/90 (4),                                                         Article 2
— for the other currencies, an exchange rate based on an
     average of the ecu rates published in the Official               This Regulation shall enter into force on 4 January 1991 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 3 January 1991 .
                                            ^                                  For the Commission
                                                                                Ray MAC SHARRY
                                                                           Member of the Commission
(') OJ   No L  151 ,  30.  6. 1968, p. 42.
(2) OJ  No  L  171 ,  28 . 6. 1978, p. 34.
0   OJ  No  L  164,   24.  6. 1985, p. 1.
(4) OJ  No  L 201 ,   31 . 7. 1990, p. 9.