31988R1966

No L 173/ 14 Official Journal of the European Communities 5 . 7. 88

COMMISSION REGULATION (EEC) No 1966/88 of 4 July 1988 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, when the most favourable purchasing opportu­ nities on the world market are being established, the Commission must take account of all available informa­ Having regard to the Treaty establishing the European tion on offers on the world market, on quotations on the Economic Community, 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 Having regard to the Act of Accession of Spain and knowledge either directly or through the agency of the Portugal, Member States :

Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the Whereas, however, pursuant to Commission Regulation market in sugar ('), as last amended by Regulation (EEC) (EEC) No 784/68 of 26 June 1968 laying down detailed No 1 107/88 (2), and in particular Article 16 (8) thereof, rules for calculating cif prices for white sugar and raw sugar (^ the Commission must disregard information if the goods concerned are not of sound and fair marketable Having regard to the opinion of the Monetary Committee, quality or if the price quoted in an offer relates to small quantities and is not representative of the market ; whereas offer prices which can be assumed not to be Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81 representative of the actual market trends must also be provides for charging a levy on imports of the products disregarded ; listed in Article 1 (1 ) of that Regulation ;

Whereas the import levy on white sugar and raw sugar Whereas any offer or prices taken into consideration must be equal to the threshold price less the cif price ; which are not for goods delivered in bulk cif Rotterdam must be adjusted ; whereas when this adjustment is being made account must be taken of the difference in the cost Whereas the Council has not to date adopted the prices of transporting the goods between the port of loading and for the 1988/89 marketing year, which commences the port of destination and between the port of loading on 1 July 1988 ; whereas the price factors determined and Rotterdam ; whereas, if the price or the offer relates by Commission Regulation (EEC) No 1912/88 (3) should to goods in bags, it must be reduced by 0,73 ECU per 100 accordingly be taken into account for the calculation of kilograms under the terms of Article 4 of Regulation the levies in order to ensure that the import arrangements (EEC) No 784/68 ; continue to operate in the sector concerned ;

Whereas, if information on sugar of the standard quality Whereas the cif price for raw sugar and white sugar is is to be comparable, the price increases or reductions calculated by the Commission for a Community frontier fixed pursuant to Article 15 of Regulation (EEC) No crossing point which was fixed at Rotterdam by Council 1785/81 must be added to or deducted from the offers Regulation (EEC) No 431 /68 of 9 April 1968 determining taken into consideration in the case of white sugar ; the standard quality for raw sugar and fixing the Commu­ whereas, in the case of raw sugar, the corrective factors nity frontier crossing point for calculating cif prices for provided for in Article 5 of Regulation (EEC) No 784/68 sugar (4) ; must be applied ;

Whereas this price must be based on the most favourable purchasing opportunities on the world market established Whereas, pursuant to Article 7 of Regulation (EEC) No for each product on the basis of quotations or prices on 784/68, a special cif price may be established for sugar that market adjusted for any deviation from the standard which has been specially treated or specially packed if the quality for which the threshold price is fixed ; whereas the offer price for such sugar is lower than the cif price esta­ standard quality for raw sugar was defined by Regulation blished pursuant to the provisions referred to above ; (EEC) No 431 /68 and that for white sugar by Regulation (EEC) No 793/72 of 17 April 1972 0 ; Whereas a cif price may, by way of exception, be left unchanged for a limited period if the offer price which (') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 110, 29 . 4. 1988 , p. 20. served as a basis for the previous calculation of the cif (3) OJ No L 168 , 1 . 7. 1988 , p. 115. (4) OJ No L 89, 10 . 4. 1968 , p. 3 . 0 OJ No L 94, 21 . 4. 1972, p. 1 . («) OJ No L 145, 27. 6. 1968, p. 10 .

5. 7. 88 Official Journal of the European Communities No L 173/ 15

price is not available to the Commission and if the offer these currencies recorded over a given period in rela­ prices which are available and which appear not to be tion to the Community currencies referred to in the sufficiently representative of actual market trends would previous indent and the aforesaid coefficient ; entail sudden and considerable changes in the cif price ; Whereas it follows from applying these provisions that Whereas the levy is altered only if the variation in the elements used to calculate it would entail an increase or a the levies for white sugar and raw sugar should be as set out in the Annex hereto, reduction of not less than 0,24 ECU per 100 kilograms in relation to the levy previously fixed ;

Whereas, in accordance with Article 21 ( 1 ) of Regulation (EEC) No 1785/81 , the nomenclature provided for in this HAS ADOPTED THIS REGULATION : Regulation is incorporated in the Common Customs Tariff ;

Whereas, if the levy system is to operate normally, levies Article 1 should be calculated on the following basis : — in the case of currencies which are maintained in rela­ The import levies referred to in Article 16 ( 1 ) of Regula­ tion to each other at any given moment within a band tion (EEC) No 1785/81 shall be, in respect of white sugar of 2,25 % , a rate of exchange based on their central and standard quality raw sugar, as set out in the Annex hereto. rate, multiplied by the corrective factor provided for in Article 3 ( 1 ), last indent of Regulation (EEC) No 1 676/85 ('), as amended by Regulation (EEC) No 1 636/87 (2); Article 2 — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of This Regulation shall enter into force on 5 July 1988 .

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

Done at Brussels, 4 July 1988 .

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 4 July 1988 fixing the import levies on white sugar and raw sugar

(ECU/100 kg)

CN code Levy

1701 11 10 28,76 (') 17011190 28,76 (') 1701 12 10 28,76 (') 1701 12 90 28,76 (') 1701 91 00 40,22 1701 99 10 40,22 1701 99 90 40,22

(') 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.

(') OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 153, 13. 6. 1987, p. 1 .