31990R3517

6 . 12. 90 Official Journal of the European Communities No L 340/ 15

COMMISSION REGULATION (EEC) No 3517/90 of 5 December 1990 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, standard quality for molasses was defined by Regulation (EEC) No 785/68 of the Commission of 26 June 1968 Having regard to the Treaty establishing the European determining the standard quality and laying down Economic Community, detailed rules for calculating the cif price for molasses (6) ;

Having regard to the Act of Accession of Spain and Whereas, when the most favourable purchasing opportu­ Portugal, nities on the world market are being established, the Commission must take account of all available informa­ Having regard to Council Regulation (EEC) No 1785/81 tion on offers on the world market, on quotations on the of 30 June 1981 on the common organization of the exchanges which are important for world trade, on prices market in sugar ('), as last amended by Regulation (EEC) recorded on important third-country markets and on sales concluded in international trade of which it has know­ No 1069/89 (2), and in particular Article 16 (8) thereof, ledge, either directly or through the agency of the Member States ; whereas, under the terms of Article 7 of Having regard to the opinion of the Monetary Committee, Regulation (EEC) No 785/68, the Commission may for this purpose take an average of several prices as a basis, Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 provided this average can be regarded as being representa­ provides for charging a levy on imports of the products tive of actual market trends ; listed in Article 1 (1 ) (c) of that Regulation ;

Whereas the Commission must disregard information if Whereas the import levy on molasses must be equal to the goods concerned are not of sound and fair marketable the threshold price less the cif price ; whereas the quality or if the price quoted in an offer relates to a small threshold price for molasses was fixed by Council Regula­ quantity and is not representative of the market ; whereas tion (EEC) No 1313/90 of 14 May 1990 fixing, for the offer prices which can be regarded as not representative of 1990/91 marketing year, the derived intervention prices actual market trends must also be disregarded ; for white sugar, the intervention price for raw sugar, the minimum prices for A and B beet, the threshold prices, the amount of compensation for storage costs and the Whereas any prices or offer taken into consideration prices to be applied in Spain and Portugal (3) ; which are not for delivery cif Rotterdam must be adjusted, account being taken in particular of the differences in the Whereas the threshold prices fixed by the Council have cost of transporting the goods between the port of loading been reduced by Commission Regulation (EEC) No and the port of destination and between the port of 1738/90 (4) determining the prices and amounts in ecus loading and Rotterdam ; applicable in the sugar sector for the 1990/91 marketing year wich are reduced as a result of the monetary realign­ ment of 5 January 1990 ; Whereas, if information on molasses of the standard quality is to be comparable, prices must, depending on Whereas the cif price for molasses is calculated by the the quality of the molasses offered, be increased or reduced in the light of the results obtained by applying Commission for a Community frontier crossing point which was fixed at Rotterdam by Regulation (EEC) No Article 6 of Regulation (EEC) No 785/68 ; 431 /68 of the Council of 9 April 1968 determining the standard quality for raw sugar and fixing the Community Whereas the cif price may, by way of exception, be left frontier crossing point for calculating cif prices for unchanged for a limited period if the offer price which sugar 0 ; served as a basis for the previous calculation of the cif price is not available to the Commission and if the offer Whereas this price must be based on the most favourable prices which are available and which appear not to be purchasing opportunities on the world market established sufficiently representative of actual market trends would for each product on the basis of quotations or prices on entail sudden and considerable changes in the cif price ; that market adjusted for any deviation from the standard quality for which the threshold price is fixed ; whereas the Whereas the levy must be fixed each week ; whereas (•) OJ No L 177, 1 . 7. 1981 , p. 4. pursuant to Article 5 of Regulation (EEC) No 837/68 of (2) OJ No L 114, 27. 4. 1989, p. 1 . the Commission of 28 June 1968 on detailed rules for the 0 OJ No L 132, 23 . 5. 1990, p. 3. 0 OJ No L 161 , 27. 6. 1990, p. 27. 0 OJ No L 89, 10. 4. 1968 , p. 3 . («) OJ No L 145, 27. 6. 1968 , p. 12.

No L 340/ 16 Official Journal of the European Communities 6 . 12. 90

application of levies on sugar ('), as last amended by Regu­ Journal of the European Communities, C series, over lation (EEC) No 1428/78 (2), the levy is altered only if the a period to be determined, multiplied by the coeffi­ variation in the elements used to calculate it would entail cient referred to in the preceding indent ; an increase or a reduction of not less than ECU 0,06 per 100 kilograms in relation to the levy previously fixed ; Whereas these exchange rates being those recorded on 4 December 1990, Whereas in accordance with Article 21 (1 ) of Regulation (EEC) No 1785/81 , the nomenclature provided for in this Regulation is incorporated in the Common Customs HAS ADOPTED THIS REGULATION : Tariff ;

Whereas if the levy system is to operate normally, levies Article 1 should be calculated on currencies on the following basis :

— in the case of currencies which are maintained in rela­ The import levy referred to in Article 16(1 ) of Regulation tion to each other at any given moment within a band (EEC) No 1785/81 is now ECU 1,09 per 100 kilograms in of 2,25 % , a rate of exchange based on their central respect of molasses falling within CN codes 1703 10 00 rate, multiplied by the correcting factor provided for and 1703 90 00 . in the last subparagraph of Article 3 (1 ) of Council Regulation (EEC) No 1676/85 (3), as last amended by Article 2 Regulation (EEC) No 2205/90 (4), — for the other currencies, an exchange rate based on an This Regulation shall enter into force on 6 December average of the ecu rates published in the Official 1990 .

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

Done at Brussels, 5 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

(■) OJ No L 151 , 30 . 6. 1968, p. 42. (2) OJ No L 171 , 28 . 6. 1978 , p. 34. (3) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 201 , 31 . 7. 1990, p. 9.