31977R1438
No L 161 / 14 Official Journal of the European Communities 1 . 7. 77
COMMISSION REGULATION ( EEC) No 1438/77 of 30 June 1977 fixing the basic amount of the import levy on syrups and certain other sugar products
THE COMMISSION OF THE EUROPEAN the period between the day on which it is fixed and COMMUNITIES, the first day of the month following the month for which the basic amount is applicable, if the levy on Having regard to the Treaty establishing the European white sugar differs by at least 0-40 unit of account Economic Community, from the average referred to above or from the levy on white sugar used to fix the basic amount ; whereas, in this case, the basic amount must be equal to one Having regard to Council Regulation (EEC) No hundredth of the levy on white sugar used to calculate 3330/74 of 19 December 1974 on the common organi the alteration ; zation of the market in sugar ( !), as last amended by Regulation (EEC) No 11 10/77 (2), and in particular Article 15 (7) thereof, Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : Having regard to the opinion of the Monetary — in the case of currencies which are maintained in Committee, relation to each other, at any given moment, within a band of 2-25 % , a rate of exchange based Whereas Article 15 ( 1 ) of Regulation (EEC) No on their effective parity ; 3330/74 provides for charging a levy on imports of — for other currencies an exchange rate based on the the products listed in Article 1 ( 1 ) of that Regulation ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Whereas the levy on the products listed in Article 1 relation to the Community currencies referred to ( 1 ) (d) of Regulation (EEC) No 3330/74 must be calcu in the previous subparagraph ; lated, where appropriate, at a standard rate on the basis of the sucrose content (including other sugars Whereas the basic amount thus fixed must be adjusted expressed as sucrose) of the product concerned and of on the basis of variations in the threshold price for the levy on white sugar ; whereas, however, the levies white sugar occurring between the month in which on maple sugar and maple syrup are limited to the the basic amount is fixed and the period of applica amount resulting from application of the rate of duty tion ; whereas this adjustment, equal to one-hundreth bound within GAIT ; of the difference between these two threshold prices, must be deducted from or added to the basic amount Whereas Article 7 of Commission Regulation ( EEC) in the circumstances provided for in Article 7 (6) of No 837/68 of 28 June 1968 on detailed rules for the Regulation (EEC) No 837/68 , application of levies on sugar (3), as amended by Regu lation (EEC) No 1 49 1 /70 (4), provides that the basic amount of the levy for 100 kilograms of product must be fixed per percentage of sucrose content ; HAS ADOPTED THIS REGULATION : Whereas the basic amount of the levy must be equal to one-hundredth of the average of the levies appli cable to 100 kilograms of white sugar during the first Article 1 20 days of 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 The basic amount of the import levy on the products of the fixing of the basic amount must be substituted listed in Article 1 ( 1 ) (d) of Regulation (EEC) No for the average of the levies, where that levy differs by 3330/74 is hereby fixed, per 100 kilograms of product, at least 0-40 unit of account from that average ; at 0-2412 unit of account per percentage point of sucrose content . Whereas the basic amount must be fixed every month ; whereas it must, however, be altered during
(>) OJ No L 359, 31 . 12. 1974, p. 1 . Article 2 (2) OJ No L 134, 28 . 5. 1977, p. 1 . (3) OJ No L 151 , 30 . 6 . 1968 , p . 42. (*) OJ No L 165, 28 . 7. 1970, p. 8 . This Regulation shall enter into force on 1 July 1977.
1 . 7 . 77 Official Journal of the European Communities No L 161 / 15
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