31989R1920

1 . 7. 89 Official Journal of the European Communities No L 187/ 13

COMMISSION REGULATION (EEC) No 1920/89 of 30 June 1989 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 431 /68 and that for white sugar by Regulation (EEC) No 793/72 0 ;

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 knowledge either directly or through the agency of the Having regard to Council Regulation (EEC) No 1785/81 Member States : of 30 June 1981 on the common organization of the market in sugar ('), as last amended by Regulation (EEC) No 1069/89 (2), and in particular Article 16 (8) thereof, Whereas, however, pursuant to Regulation (EEC) No 784/68 of the Commission of 26 June 1968 laying down Having regard to the opinion of the Monetary Committee, detailed 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 marke­ table quality or if the price quoted in an offer relates to Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 small quantities and is not representative of the market ; provides for charging a levy on imports of the products whereas offer prices which can be assumed not to be listed in Article 1 (1 ) of that Regulation ; representative of the actual market trends must also be disregarded ; Whereas the import levy on white sugar and raw sugar must be equal to the threshold price less the cif price ; Whereas any offer or prices taken into consideration whereas the threshold price for each of these products was which are not for goods delivered in bulk cif Rotterdam fixed by Council Regulation (EEC) No 1255/89 of 3 May must be adjusted ; whereas when this adjustment is being 1989 fixing, for the 1989/90 marketing year, the derived made account must be taken of the difference in the cost intervention prices for white sugar, the intervention price of transporting the goods between the port of loading and for raw sugar, the minimum prices for A and B beet, the the port of destination and between the port of loading threshold prices, the amount of compensation for storage and Rotterdam ; whereas, if the price or the offer relates costs and the prices to be applied in Spain and Portu­ to goods in bags, it must be reduced by ECU 0,73 per 100 gal (3); kilograms under the terms of Article 4 of Regulation (EEC) No 784/68 ; Whereas the cif price for raw sugar and white sugar is calculated by the Commission for a Community frontier Whereas, if information on sugar of the standard quality crossing point which was fixed at Rotterdam by Regula­ is to be comparable, the price increases or reductions tion (EEC) No 431 /68 of the Council of 9 April 1968 fixed pursuant to Article 15 of Regulation (EEC) No determining the standard quality for raw sugar and fixing 1785/81 must be added to or deducted from the offers the Community frontier crossing point for calculating cif taken into consideration in the case of white sugar ; prices for sugar (4) ; whereas, in the case of raw sugar, the corrective factors provided for in Article 5 of Regulation (EEC) No 784/68 must be applied ; Whereas this price must be based on the most favourable purchasing opportunities on the world market established for each product on the basis of quotations or prices on Whereas, pursuant to Article 7 of Regulation (EEC) No that market adjusted for any deviation from the standard 784/68, a special cif price may be established for sugar quality for which the threshold price is fixed ; whereas the which has been specially treated or specially packed if the standard quality for raw sugar was defined by Regulation offer price for such sugar is lower than the cif price esta­ blished pursuant to the provisions referred to above ; (') OJ No L 177, 1 . 7. 1981 , p. 4. (J) OJ No L 114, 27. 4. 1989, p. 1 . (3) OJ No L 126, 9. 5. 1989, p. 4. (*) OJ No L 94, 21 . 4. 1972, p. 1 . (4) OJ No L 89, 10. 4. 1968, p. 3 . («) OJ No L 145, 27. 6. 1968, p. 10.

No L 187/ 14 Official Journal of the European Communities 1 . 7. 89

Whereas a cif price may, by way of exception, be left the last subparagraph of Article 3 (1 ) of Council Regu­ unchanged for a limited period if the offer price which lation (EEC) No 1676/85 ('), as last amended by Regu­ served as a basis for the previous calculation of the cif lation (EEC) No 1636/87 0, price is not available to the Commission and if the offer — for other currencies, an exchange rate based on the prices which are available and which appear not to be arithmetic mean of the spot market rates of each of sufficiently representative of actual market trends would these currencies recorded over a given period in rela­ entail sudden and considerable changes in the cif price ; tion to the Community currencies referred to in the previous indent and the aforesaid coefficient ; Whereas the levy is altered only if the variation in -the elements used to calculate it would entail an increase or a Whereas it follows from applying these provisions that reduction of not less than ECU 0,24 per 100 kilograms in the levies for white sugar and raw sugar should be as set out in the Annex hereto, relation to the levy previously fixed ;

Whereas, in accordance with Article 21 (1 ) of Regulation HAS ADOPTED THIS REGULATION : (EEC) No 1785/81 , the nomenclature provided for in this Regulation is incorporated in the Common Customs Article 1 Tariff ; The import levies referred to in Article 16 ( 1 ) of Regula­ Whereas, if the levy system is to operate normally, levies tion (EEC) No 1785/81 shall be, in respect of white sugar should be calculated on the following basis : and standard quality raw sugar, as set out in the Annex hereto. — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Article 2 of 2,25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in This Regulation shall enter into force on 1 July 1989.

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

Done at Brussels, 30 June 1989. I For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . 2) OJ No L 153, 13. 6. 1987, p. 1 .

1 . 7 . 89 Official Journal of the European Communities No L 187/ 15

ANNEX

to the Commission Regulation of 30 June 1989 fixing the import levies on white sugar and raw sugar (ECU/100 kg)

CN code Levy

1701 11 10 26,04 0 1701 11 90 26,04 0) 1701 12 10 26,04 (') 1701 12 90 26,04 0) 1701 91 00 26,72 1701 99 10 26,72 1701 99 90 26,72 0

(') 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 Commission Regulation (EEC) No 837/68 (OJ No L 151 , 30. 6. 1968, p, 42). (2) In accordance with Article 16 (2) of Regulation (EEC) No 1785/81 this amount is also applicable to sugar obtained from white and raw sugar containing added substances other than flavouring or colouring matter.