31990R1801

No L 167/8 Official Journal of the European Communities 30 . 6 . 90

COMMISSION REGULATION (EEC) No 1801 /90 of 29 June 1990 fixing the import levies on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, disturbances on the Community market ; whereas the quality of the goods offered must also be taken into account, whether this quality corresponds to the standard Having regard to the Treaty establishing the European quality fixed in Council Regulations (EEC) No 2731 / Economic Community, 75 ("), as last amended by Regulation (EEC) No 2094/ 87 (u), and (EEC) No 2734/75, or whether adjustments Having regard to the Act of Accession of Spain and need to be made by applying the coefficients of equiva­ Portugal, lence provided for in Commission Regulations No 158/ 67/EEC (13), as last amended by Regulation (EEC) No 2124/87 (14), and No 159/67/EEC (,5); Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Whereas the cif price is calculated for Rotterdam on the No 1340/90 (2), and in particular Article 13 (5) thereof, basis of the abovementioned elements, offers for other ports being adjusted, account being taken of the correc­ Having regard to Council Regulation (EEC) No 1676/85 tions necessitated by the differences in transport charges of 11 June 1985 on the value of the unit of account and in relation to Rotterdam ; the exchange rates to be applied for the purposes of the common agricultural policy (3), as last amended by Regu­ lation (EEC) No 1636/87 (4), and in particular Article 3 Whereas Council Regulation (EEC) No 715/90 ('*) lays thereof, down the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Carib­ Having regard to the opinion of the Monetary Committee, bean and Pacific States or in the overseas countries and territories ; Whereas the first subparagraph of Article 13(1 ) of Regu­ lation (EEC) No 2727/75 provides that a levy must be Whereas, in accordance with Article 18(1 ) of Regulation charged on imports of the products listed in Article 1 (a), (EEC) No 2727/75, the nomenclature provided for in this (b) and (c) of that Regulation ; whereas the levy is equal Regulation is incorporated in the combined nomencla­ for each product to the threshold price less the cif price ; ture :

Whereas,- the threshold prices for cereals and for wheat and rye flour, and wheat groats and meal, were fixed for Whereas, if the levy system is to operate normally, levies the 1990/91 marketing year by Council Regulations (EEC) should be calculated on the following basis : No 2734/75(0, (EEC) No 1341 /90 (<), (EEC) No 1344/90 0 and Commission Regulation (EEC) No — in the case of currencies which are maintained in rela­ 1 573/90 (8); tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas, for the purpose of calculating the cif prices used the last paragraph of Article 3 (1 ) of Regulation (EEC) to determine the levies, the Commission must take into No 1676/85, account the factors indicated in Commission Regulation No 156/67/EEC ('), as last amended by Regulation (EEC) — for other currencies, an exchange rate based on the No 31 /76 (10), and in particular the most favourable arithmetic mean of the spot market rates of each of purchasing opportunities on the world market among these currencies recorded for a given period in rela­ those which are most representative of the real trend of tion to the Community currencies referred to in the the market, account being taken in particular of the need previous indent, and the aforesaid coefficient ; to prevent sudden variations likely to cause abnormal

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . Whereas these exchange rates being those recorded on 28 O OJ No L 134, 28 . 5. 1990, p. 1 . June 1990 ; 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 153, 13. 6. 1987, p. 1 . O OJ No L 281 , 1 . 11 . 1975, p. 34. (") OJ No L 281 , 1 . 11 . 1975, p. 22. (Ó OJ No L 134, 28. 5. 1990, p. 3. 12) OJ No L 196, 17. 7. 1987, p. 1 . O OJ No L 134, 28 . 5. 1990, p. 7. (,J) OJ No 128, 27. 6. 1967, p. 2536/67. (8) OJ No L 149, 13. 6. 1990, p. 9. 14 OJ No L 197, 18 . 7. 1987, p. 22. O OJ No 128, 27. 6. 1967, p. 2533/67. (1S) OJ No 128, 27. 6. 1967, p. 2542/67. O OJ No L 5, 10. 1 . 1976, p. 18 . (1S) OJ No L 84, 30 . 3. 1990, p. 85.

30 . 6 . 90 No L 167/9 Official Journal of the European Communities

Whereas, pursuant to Article 272 of the Act of Accession, set out in the Annex thereto ; whereas these levies are the Community as constituted at 31 December 1985 altered only where variations in the components used to must, in the case of products specified in Article 1 of calculate them have the effect of increasing or reducing Regulation (EEC) No 2727/75 which are imported from them by ECU 0,73 or more, Portugal, apply the arrangements which were applicable in respect of Portugal before accession ; whereas, under Article 4 of Council Regulation (EEC) No 3792/85 of 20 December 1985 laying down the arrangements applying HAS ADOPTED THIS REGULATION : to trade in agricultural products between Spain and Portugal ^), as last amended by Regulation (EEC) No 3296/88 (*), the same arrangements are to be applied in the case of Spain ; whereas a levy should be applied Article 1 pursuant to those arrangements and whereas that levy should be calculated in accordance with the rules laid The import levies to be charged on the products listed in down in Regulation No 156/67/EEC and taking into Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75 account the situation with regard to market prices in shall be as set out in the Annex hereto. Portugal ; and whereas, in the case of imports into Spain, the accession compensatory amount applicable to trade between Spain and the Community as constituted at 31 December 1985 should be deducted from the levy ; Article 2

Whereas it follows from applying all the provisions of the abovementioned Regulations that the levies should be as This Regulation shall enter into force on 1 July 1990.

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

Done at Brussels, 29 June 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 367, 31 . 12. 1985, p. 7, O OJ No L 293, 27. 10. 1988, p. 7.

No L 167/ 10 Official Journal of the European Communities 30 . 6 . 90

ANNEX

to the Commission Regulation of 29 June 1990 fixing the import levies on cereals and on wheat or rye flour, groats and meal

(ECU/tonne) Levies CN code Portugal Third country

0709 90 60 36,66 128,14 (2)(3) 0712 90 19 36,66 128,14 00 1001 10 10 11,90 157,76 (') 0 1001 10 90 11,90 157,76 0 0 1001 90 91 20,22 136,85 1001 90 99 20,22 136,85 1002 00 00 45,72 118,07 0 1003 00 10 36,95 113,10 1003 00 90 36,95 113,10 1004 00 10 28,59 105,09 1004 00 90 28,59 105,09 1005 10 90 _ 36,66 128,14 00 1005 90 00 36,66 128,14 00 1007 00 90 53,63 142,91 0 1008 10 00 36,95 27,69 1008 20 00 36,95 90,03 0 1008 30 00 36,95 0,00 0 1008 90 10 0 0 1008 90 90 36,95 0,00 1101 00 00 41,31 204,59 110210 00 77,01 178,30 1103 11 10 31,45 257,53 1103 11 90 44,61 220,95

(') where durum wheat originating in Morocco is transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into the French overseas departments, originating in the African, Caribbean and Pacific States or in the 'overseas countries and territories'. (3) Where maize originating in the ACP or OCT is imported into the Community the levy is reduced by ECU 1,81 /tonne . (4) Where millet and sorghum originating in the ACP or OCT is imported into the Community the levy is applied in accordance with Regulation (EEC) No 715/90. (*) Where durum wheat and canary seed produced in Turkey are transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (*) The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­ nity is laid down in Council Regulation (EEC) No 1180/77 (OJ No L 142, 9. 6. 1977, p. 10) and Commission Regulation (EEC) No 2622/71 (OJ No L 271 , 10. 12. 1971 , p. 22). f) The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triti­ cale).