31979R1328

30 . 6 . 79 Official Journal of the European Communities No L 162 / 85

COMMISSION REGULATION ( EEC) No 1328 /79

of 29 June 1979

fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN markets, and on sales concluded in international trade COMMUNITIES , of which it has knowledge either directly or through the agency of the Member States ; Having regard to the Treaty establishing the European Economic Community, Whereas, however, pursuant to Commission Regula­ Having regard to Council Regulation (EEC) No tion (EEC) No 784/68 of 26 June 1968 laying down 3330 /74 of 19 December 1974 on the common organi­ detailed rules for calculating cif prices for white sugar zation of the market in sugar ( J ), as last amended by and raw sugar (6), the Commission must disregard Regulation (EEC) No 1 396/78 (2), and in particular information if the goods concerned are not of sound Article 15 (7) thereof, and fair marketable quality or if the price quoted in an offer relates to small quantities and is not represen­ Having regard to the opinion of the Monetary tative of the market ; whereas offer prices which can Committee, be assumed not to be representative of the actual Whereas Article :5 ( 1 ) of Regulation (EEC) No market trends must also be disregarded ; 3330/74 provides for charging a levy on imports of the products listed in Article 1 (1 ) of that Regulation ; Whereas any offer or prices taken into consideration which are not for goods delivered in bulk cif Whereas the import levy on white sugar and raw sugar Rotterdam must be adjusted ; whereas when this must be equal to the threshold price less the cif price ; adjustment is being made account must be taken of whereas the threshold price for each of these products the difference in the cost of transporting the goods was fixed by Council Regulation (EEC) No 1289/79 of between the port of loading and the port of destina­ 25 June 1979 fixing, for the 1979/80 sugar year, the tion and between the port of loading and Rotterdam ; derived intervention prices, the intervention price for whereas, if the price or the offer relates to goods in raw beet, the threshold prices, the maximum amount bags, it must be reduced by 0-60 unit of account per of the production levy and the amount of the repay­ 100 kilograms under the terms of Regulation (EEC) ment to offset storage costs (3 ) ; No 784/ 68 ; Whereas the cif price for raw sugar and white sugar is calculated by the Commission for a Community fron­ Whereas, if information on sugar of the standard tier crossing point which was fixed at Rotterdam by quality is to be comparable, the price increases or Council Regulation (EEC) No 431 /68 of 9 April 1968 reductions fixed pursuant to Article 14 of Regulation determining the standard quality for raw sugar and ( EEC) No 3330/74 must be added to or deducted from fixing the Community frontier crossing point for the offers taken into consideration in the case of white calculating cif prices for sugar (4) ; sugar ; whereas, in the case of raw sugar, the corrective Whereas this price must be based on the most favour­ factors provided for in Regulation (EEC) No 784/68 able purchasing opportunities on the world market must be applied ; established for each product on the basis of quotations or prices on that market adjusted for any deviation Whereas, pursuant to Article 7 of Regulation (EEC) from the standard quality for which the threshold No 784/68 , a special cif price may be established for price is fixed ; whereas the standard quality for raw sugar which has been specially treated or specially sugar was defined by Regulation (EEC) No 431 /68 packed if the offer price for such sugar is lower than and that for white sugar by Regulation (EEC) No the cif price established pursuant to the provisions 793/72 of 17 April 1972 (5 ); referred to above ;

Whereas, when the most favourable purchasing oppor­ tunities on the world market are being established, the Whereas a cif price may, by way of exception, be left Commission must take account of all available infor­ unchanged for a limited period if the offer price mation on offers on the world market, on quotations which served as a basis for the previous calculation of on the exchanges which are important for world trade, the cif price is not available to the Commission and if on prices recorded on important third-country the offer prices which are available and which appear not to be sufficiently representative of actual market (>) OJ No L 359, 31 . 12. 1974, p. 1 . trends would entail sudden and considerable changes (2) OJ No L 170, 27. 6. 1978 , p. 1 . in the cif price ; (3) See page 3 of this Official Journal . (4) OJ No L 89 , 10 . 4. 1968 , p. 3 . (5) OJ No L 94, 21 . 4. 1972, p. 1 . (6) OJ No L 145, 27. 6 . 1968 , p. 10 .

No L 162/ 86 Official Journal of the European Communities 30 . 6 . 79

whereas the levy is altered only if the variation in the Whereas Council Regulation (EEC) No 652/79 of 29 elements used to calculate it would entail an increase March 19 79 (*) laid down the coefficient for or a reduction of not less than 0-20 unit of account expressing amounts, fixed in units of account, in per 100 kilograms in relation to the levy previously ECU ; fixed ; Whereas it follows from applying these provisions Whereas, in accordance with Article 21 ( 1 ) of Regula­ that the levies for white sugar and raw sugar should be tion (EEC) No 3330/74, the nomenclature provided as set out in the Annex hereto, 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 the following basis : Article 1 — in the case of currencies which are maintained in relation to each other at any given moment within The import levies referred to in Article 15 ( 1 ) of Regu­ a band of 2-25 % , a rate of exchange based on lation (EEC) No 3330/74 shall be, in respect of white their effective parity ; sugar and standard quality raw sugar, as set out in the — for other currencies, an exchange rate based on the Annex hereto . arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Article 2 relation to the Community currencies referred to in the previous indent ; This Regulation shall enter into force on 1 July 1979 .

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

Done at Brussels, 29 June 1979 .

For the Commission

Finn GUNDELACH

Vice-President

(>) OJ No L 84, 4 . 4 . 1979 , p. 1 .

30 . 6 . 79 No L 162/ 87 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 29 June 1979 fixing the import levies on white sugar and raw sugar

(ECU / 100 kg)

CCT heading Description Levy No

17.01 Beet sugar and cane sugar, in solid form :

A. White sugar ; flavoured or coloured sugar 32.55 B. Raw sugar 25.90 (')

(') Applicable to raw sugar with a yield of 92 % ; if the yield is other than 92 % , the levy applicable is calculated in accordance with the provisions of Article 2 of Regulation ( EEC) No 837 / 68 .