31990R2547

No L 237/ 102 Official Journal of the European Communities 1 . 9 . 90

COMMISSION REGULATION (EEC) No 2547/90 of 31 August 1990 fixing the import levies on white sugar and raw sugar

THE COMMISSION OP THE EUROPEAN COMMUNITIES, that market adjusted for any deviation from the standard quality for which the threshold price is fixed ; whereas the standard quality for raw sugar was defined by Regulation Having regard to the Treaty establishing the European (EEC) No 431 /68 and that for white sugar by Regulation Economic Community, (EEC) No 793/72 (6) ;

Having regard to the Act of Accession of Spain and Portugal, Whereas, when the most favourable purchasing opportu­ nities on the world market are being established, the Having regard to Council Regulation (EEC) No 1785/81 Commission must take account of all available informa­ of 30 June 1981 on the common organization of the tion on offers on the world market, on quotations on the market in sugar (l), as last amended by Regulation (EEC) exchanges which are important for world trade, on prices No 1069/89 (2), and in particular Article 16 (8) thereof, recorded on important third-country markets, and on sales concluded in international trade of which it has Having regard to the opinion of the Monetary Committee, knowledge either directly or through the agency of the Member States :

Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81 provides for charging a levy on imports of the products listed in Article 1 (1 ) of that Regulation ; Whereas, however, pursuant to Regulation (EEC) No 784/68 of the Commission of 26 June 1968 laying down Whereas the import levy on white sugar and raw sugar detailed rules for calculating cif prices for white sugar and must be equal to the threshold price less the cif price ; raw sugar (6), the Commission must disregard information whereas the threshold price for each of these products was if the goods concerned are not of sound and fair marke­ fixed by Council Regulation (EEC) No 1313/90 (3) of 14 table quality or if the price quoted in an offer relates to May 1990 fixing, for the 1990/91 marketing year, the small quantities and is not representative of the market ; derived intervention prices for white sugar, the interven­ whereas offer prices which can be assumed not to be tion price for raw sugar, the minimum prices for A and B representative of the actual market trends must also be beet, the threshold prices, the amount of compensation disregarded ; for storage costs and the prices to be applied in Spain and Portugal ;

Whereas any offer or prices taken into consideration Whereas the prices fixed by the Council have been which are not for goods delivered in bulk cif Rotterdam reduced by Commission Regulation (EEC) No 1738/90 (4) must be adjusted ; whereas when this adjustment is being establishing the prices and amounts fixed in ecus by the made account must be taken of the difference in the cost Council in the sugar sector and reduced as a result of the of transporting the goods between the port of loading and monetary realignment of 5 January 1990 ; the port of destination and between the port of loading and Rotterdam ; whereas, if the price or the offer relates Whereas the cif price for raw sugar and white sugar is to goods in bags, it must be reduced by ECU 0,73 per 100 calculated by the Commission for a Community frontier kilograms under the terms of Article 4 of Regulation (EEC) No 784/68 ; crossing point which was fixed at Rotterdam by Regula­ tion (EEC) No 431 /68 of the Council of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar Q ; Whereas, if information on sugar of the standard quality is to be comparable, the price increases or reductions fixed pursuant to Article 1 5 of Regulation (EEC) No Whereas this price must be based on the most favourable 1785/81 must be added to or deducted from the offers purchasing opportunities on the world market established taken into consideration in the case of white sugar ; for each product on the basis of quotations or prices on whereas, in the case of raw sugar, the corrective factors provided for in Article 5 of Regulation (EEC) No 784/68 (') OJ No L 177, 1 . 7 . 1981 , p. 4. must be applied ; (2) OJ No L 114, 27. 4. 1989, p. 1 . (3) OJ No L 132, 23 . 5. 1990, p. 3. (4) OJ No L 161 , 27. 6 . 1990, p. 27. (6) OJ No L 94, 21 . 4. 1972, p. 1 . O OJ No L 89 , 10. 4. 1968 , p. 3 . O OJ No L 145, 27. 6. 1968 , p. 10.

1 . 9. 90 Official Journal of the European Communities No L 237/ 103

Whereas, pursuant to Article 7 of Regulation (EEC) No the last subparagraph of Article 3 (1 ) of Council Regu­ 784/68, a special cif price may be established for sugar lation (EEC) No 1676/85 ('), as last amended by Regu­ which has been specially treated or specially packed if the lation (EEC) No 2205/90 (2), offer price for such sugar is lower than the cif price esta­ — for the other currencies, an exchange rate based on an blished pursuant to the provisions referred to above ; average of the ecu rates published in the Official Whereas a cif price may, by way of exception, be left Journal of the European Communities, C series, over unchanged for a limited period if the offer price which a period to be determined, multiplied by the coeffi­ served as a basis for the previous calculation of the cif cient referred to in the preceding indent ; price is not available to the Commission and if the offer prices which are available and which appear not to be Whereas it follows from applying these provisions that sufficiently representative of actual market trends would the levies for white sugar and raw sugar should be as set entail sudden and considerable changes in the cif price ; out in the Annex hereto,

Whereas the levy is altered only if the variation in the elements used to calculate it would entail an increase or a HAS ADOPTED THIS REGULATION : reduction of not less than ECU 0,24 per 100 kilograms in relation to the levy previously fixed ; Article 1 Whereas, in accordance with Article 21 ( 1 ) of Regulation (EEC) No 1785/81 , the nomenclature provided for in this The import levies referred to in Article 16 (1 ) of Regula­ Regulation is incorporated in the Common Customs Tariff ; tion (EEC) No 1785/81 shall be, in respect of white sugar and standard quality raw sugar, as set out in the Annex Whereas, if the levy system is to operate normally, levies hereto. should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ Article 2 tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central This Regulation shall enter into force on 1 September rate, multiplied by the corrective factor provided for in 1990 .

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

Done at Brussels, 31 August 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 237/ 104 Official Journal of the European Communities 1 . 9 . 90

ANNEX

to the Commission Regulation of 31 August 1990 fixing the import levies on white sugar and raw sugar

(ECU/100 kg)

CN code Levy

1701 11 10 36,80 (') 1701 11 90 36,80 (l) 1701 12 10 36,80 (') 1701 12 90 36,80 (') 1701 91 00 42,29 1701 99 10 42,29 1701 99 90 42,29 (2)

(') 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.