31988R2368

30 . 7 . 88 No L 205/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2368/88 of 29 July 1988 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, ning the standard quality and laying down detailed rules for calculating the cif price for molasses (*) ;

Having regard to the Treaty establishing the European Economic Community, 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 Act of Accession of Spain and tion on offers on the world market, on quotations on the Portugal, 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 know­ ledge, either directly or through the agency of the Having regard to Council Regulation (EEC) No 1785/81 Member States ; whereas, under the terms of Article 7 of of 30 June 1981 on the common organization of the Regulation (EEC) No 785/68, the Commission may for market in sugar ('), as last amended by Regulation (EEC) this purpose take an average of several prices as a basis, No 2306/88 (2), and in particular Article 16 (8) thereof, provided this average can be regarded as being representa­ tive of actual market trends :

Having regard to the opinion of the Monetary Committee, whereas the Commission must disregard information if the goods concerned are not of sound and fair marketable Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 quality or if the price quoted in an offer relates to a small provides for charging a levy on imports of the products quantity and is not representative of the market ; whereas listed in Article 1 ( 1 ) (c) of that Regulation ; offer prices which can be regarded as not representative of actual market trends must also be disregarded ;

Whereas the import levy on molasses must be equal to the threshold price less the cif price ; whereas the thre­ Whereas any prices or offer taken into consideration shold price for molasses was fixed by Council Regulation which are not for delivery cif Rotterdam must be adjusted, (EEC) No 2252/88 of 19 July 1988, fixing, for the account being taken in particular of the differences in the 1988/89 marketing year, the derived intervention prices cost of transporting the goods between the port of loading for white sugar, the intervention price for raw sugar, the and the port of destination and between the port of minimum prices for A and B beet, the threshold prices loading and Rotterdam ; and the amount of compensation for storage costs (3) ;

Whereas, if information on molasses of the standard Whereas the cif pric6 for molasses is calculated by the quality is to be comparable, prices must, depending on Commission for a Community frontier crossing point the quality of the molasses offered,s be increased or which was fixed at Rotterdam by Council Regulation reduced in the light of the results obtained by applying (EEC) No 431 /68 of 9 April 1968 determining the stan­ Article 6 of Regulation (EEC) No 785/68 ; dard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar (4) ; ' Whereas the cif price may, by way of exception, be left unchanged for a limited period if the offer price which served as a basis for the previous calculation of the cif Whereas this price must be based on the most favourable price is not available to the Commission and if the offer purchasing opportunities on the world market established prices which are available and which appear not to be for each product on the basis of quotations or prices on sufficiently representative of actual market trends would that market adjusted for any deviation from the standard entail sudden and considerable changes in the cif price ; quality for which the threshold price is fixed ; whereas the standard quality for molasses was defined by Commission Regulation (EEC) No 785/68 of 26 June 1968 determi­ Whereas the levy must be fixed each week ; whereas pursuant to Article 5 of Commission Regulation (EEC) (') OJ No L 177, 1 . 7. 1981 , p. 4. No 837/68 of 28 June 1968 on detailed rules for the 0 OJ No L 201 , 27. 7. 1988, p. 65. (3) OJ No L 198, 26. 7. 1988 . (4) OJ No L 89, 10. 4. 1968 , p. 3. 0 OJ No L 145, 27. 6. 1968, p. 12.

No L 205/30 Official Journal of the European Communities 30 . 7. 88

application of levies on sugar ('), as last amended by Regu­ these currencies recorded over a given period in rela­ lation (EEC) No 1428/78 (2), the levy is altered only if the tion to the Community currencies referred to in the variation in the elements used to calculate it would entail previous indent and the aforesaid correcting factor ; an increase or a reduction of not less than 0,06 ECU per 1 00 kilograms in relation to the levy previously fixed ; Whereas it follows from applying these provisions that the levy for molasses should be as set out in the Annex Whereas in accordance with Article 21 (1 ) of Regulation hereto, (EEC) No 1785/81 , the nomenclature provided 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 currencies on the following basis : Article 1 — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band The import levy referred to in Article 16(1 ) of amended of 2,25 % , a rate of exchange based on their central Regulation (EEC) No 1785/81 is now 0 ECU/ 100 kg, in rate, multiplied by the correcting factor provided for respect of molasses, falling within CN codes 1703 10 00 in the last paragraph of Article 3 (1 ) of Regulation and 1703 90 00 . (EEC) No 1676/85 (3), as last amended by Regulation (EEC) No 1 636/87 (4), 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 1 August 1988 .

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

Done at Brussels, 29 July 1988 . For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 151 , 30. 6. 1968 , p. 42. (4 OJ No L 171 , 28. 6. 1978, p. 34. 0 OJ No L 164, 24. 6. 1985, p. 1 . b) OJ No L 153, 13. 6. 1987, p. 1 .