31977R1437

No L 161 / 12 Official Journal of the European Communities 1 . 7 . 77

COMMISSION REGULATION ( EEC) No 1437/77 of 30 June 1977 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN on prices recorded on important third-country COMMUNITIES, markets and on sales concluded in international trade of which it has knowledge, either directly or through Having regard to the Treaty establishing the European the agency of the Member States ; whereas, under the Economic Community, terms of Article 7 of Regulation (EEC) No 785/68, the Commission may for this purpose take an average of Having regard to Council Regulation (EEC) No several prices as a basis, provided this average can be 3330/74 of 19 December 1974 on the common organi­ regarded as being representative of actual market zation of the market in sugar (! ), as last amended by trends ; Regulation (EEC) No 11 10/77 (2), and in particular Article 15 (7) thereof, Whereas the Commission must disregard information Having regard to the opinion of the Monetary if the goods concerned are not of sound and fair Committee, marketable quality or if the price quoted in an offer relates to a small quantity and is not representative of Whereas Article 15 ( 1 ) of Regulation (EEC) No the market ; whereas offer prices which can be 3330/74 provides for charging a levy on imports of regarded as not representative of actual market trends the products listed in Article 1 ( 1 ) of that Regulation ; must also be disregarded ; Whereas the import levy on molasses must be equal to the threshold price less the cif price ; whereas the Whereas, of the offer prices taken into consideration, threshold price for molasses was fixed by Council those which are not for delivery cif Rotterdam must Regulation (EEC) No 1113/77 of 17 May 1977 fixing, be adjusted, account being taken in particular of the for the 1977/78 sugar year, the derived intervention differences in the cost of transporting the goods prices, the intervention price for raw beet sugar, the between the port of loading and the port of destina­ minimum prices for beet, the threshold prices, the tion and between the port of loading and Rotterdam ; maximum amount of the production levy and the amount of the repayment to offset storage costs (3) ; Whereas, if information on molasses of the standard quality is to be comparable, prices must, depending Whereas the cif price for molasses is calculated by the on 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 which was fixed at Rotterdam by Council Regulation applying Article 6 of Regulation (EEC) No 785/68 ; (EEC) No 431 /68 of 9 April 1968 determining the standard quality for raw sugar and fixing the Commu­ Whereas the cif price may, by way of exception, be nity frontier crossing point for calculating cif prices left unchanged for a limited period if the offer price for sugar (4 ) ; which served as a basis for the previous calculation of Whereas this price must be based on the most favour­ the cif price is not available to the Commission and if able purchasing opportunities on the world market the offer prices which are available and which appear established for each product on the basis of quotations not to be sufficiently representative of actual market or prices on that market adjusted for any deviation trends would entail sudden and considerable changes from the standard quality for which the threshold in the cif price ; price is fixed ; whereas the standard quality for molasses was defined by Commission Regulation Whereas the levy must be fixed each week ; whereas (EEC) No 785/ 68 of 26 June 1968 determining the pursuant to Article 5 of Commission Regulation standard quality and laying down detailed rules for (EEC) No 837/68 of 28 June 1968 on detailed rules calculating the cif price for molasses (5) ; for the application of levies on sugar (6), as last amended by Regulation (EEC) No 1491 /70 (7), the Whereas, when the most favourable purchasing oppor­ levy is altered only if the variation in the elements tunities on the world market are being established, the used to calculate it would entail an increase or a reduc­ Commission must take account of all available infor­ tion of not less than 0 05 unit of account per 100 kilo­ mation on offers on the world market, on quotations grams in relation to the levy previously fixed ; on the exchanges which are important for world trade, Whereas, in accordance with Article 21 ( 1 ) of Regula­ (') OJ No L 359, 31 . 12 . 1974, p . 1 . tion (EEC) No 3330 /74, the nomenclature provided (2 ) OJ No L 134, 28 . 5 . 1977, p . 1 . (3 ) OJ No L 134 , 28 . 5 . 1977, p . 1 1 . (4 ) OJ No L 89, 10 . 4 . 1968 , p . 3 . (6) OJ No L 151 , 30 . 6. 1968 , p. 42. (5 ) OJ No L 145 , 27 . 6 . 1968 , p . 12. ( 7) OJ No L 16S, 28 . 7 . 1970, p . 8 .

1 . 7 . 77 Official Journal of the European Communities No L 161 / 13

for in this Regulation is incorporated in the Common Whereas it follows from applying all these provisions Customs Tariff ; that the levy for molasses should be fixed as shown in the Annex to this Regulation, Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : — in the case of currencies which are maintained in HAS ADOPTED THIS REGULATION : relation to each other, at any given moment, within a band of 2-25 % , a rate of exchange based Article 1 on their effective parity ; — for other currencies an exchange rate based on the The levy referred to in Article 15 ( 1 ) of Regulation arithmetic mean of the spot market rates of each (EEC) No 3330/74 is, in respect of molasses, hereby of these currencies recorded for a given period, in fixed as shown in the Annex to this Regulation. relation to the Community currencies referred to in the previous subparagraph ; Article 2 Whereas the opinion of the Monetary Committee was requested ; This Regulation shall enter into force on 1 July 1977.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 June 1977. For the Commission Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 30 June 1977 fixing the import levies on molasses (u.aJlOO kg)

CCT heading Description of goods Levy No

17.03 Molasses, whether or not decolorized 0