COMMISSION REGULATION (EC) No 2180/95 of 14 September 1995 revising  the maximum amount for the B production levy and amending the minimum price for B beet in the sugar  sector for the 1995/96 marketing year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of  the markets in the sugar sector  (1), as last amended by Regulation (EC) No 1101/95  (2), and in  particular the second and third indents of Article 28 (8) thereof,
Whereas Article 28 (3) and (4) of Regulation (EEC) No 1785/81 provides that the losses resulting  from the obligation to export surpluses of Community sugar are to be covered by production levies  on the production of A and B sugar, of A and B isoglucose and of inulin syrup A and B within  certain limits;
Whereas Article 28 (5) of Regulation (EEC) No 1785/81 provides that, where the receipts expected  from the basic production levy and the B levy, which must not exceed 2  % and 30  % respectively of  the intervention price for white sugar for that marketing year, may well fail to cover the  foreseeable total loss for the current marketing year, the maximum percentage of the B levy is to  be adjusted to the extent necessary to cover the said total loss but without exceeding 37,5  %;
Whereas the foreseeable receipts, prior to adjustment, of the levies to be collected in respect of  the 1995/96 marketing year are below the equivalent of the average loss multiplied by the  exportable surplus; whereas accordingly, in the light of the data at present available, the maximum  amount of the B levy for 1995/96 should be raised to 37,5  % of the intervention price for the  white sugar concerned;
Whereas the second subparagraph of Article 5 (2) of Regulation (EEC) No 1785/81 provides that,  subject to Article 28 of that Regulation, the minimum price for B beet is 68  % of the basic price  for beet; whereas Article 28 (5) of the said Regulation provides that the revised maximum  percentage for the B levy should be fixed for the current marketing year before 15 September of  that marketing year, together with the corresponding adjustment of the minimum price for B beet set  for the 1995/96 marketing year by way of Council Regulation (EC) No 1534/95  (3);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sugar,
1.  For the 1995/96 marketing year the maximum amount referred to in  the first indent of Article 28 (4) of Regulation (EEC) No 1785/81 shall be increased to 37,5  % of  the intervention price for white sugar for that marketing year.
2.  For the 1995/96 marketing year, the minimum price for B beet referred to in the second  subparagraph of Article 5 (2) of Regulation (EEC) No 1785/81 shall be 60,5  % of the basic price  for beet for that marketing year.
For the 1995/96 marketing year the minimum price for B beet shall, pursuant to Article  28 (5) of Regulation (EEC) No 1785/81, be amended to ECU 28,84 per tonne.
This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.