31990R3556

No L 346/ 14 Official Journal of the European Communities 11 . 12. 90

COMMISSION REGULATION (EEC) No 3556/90 of 10 December 1990 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF 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 0 ;

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 ('), 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 of 14 May table quality or if the price quoted in an offer relates to 1990 fixing, for the 1990/91 marketing year, the derived small quantities and is not representative of the market ; intervention prices for white sugar, the intervention price whereas offer prices which can be assumed not to be for raw sugar, the minimum prices for A and B beet, the representative of the actual market trends must also be threshold prices, the amount of compensation for storage disregarded ; costs and the prices to be applied in Spain and Portu­ gal (3) ;

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 crossing point which was fixed at Rotterdam by Regula­ (EEC) No 784/68 ; 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 ; Whereas, if information on sugar of the standard quality is to be comparable, the price increases or reductions fixed pursuant to Article 15 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 ; 0 OJ No L 114, 27. 4. 1989, p. 1 . M 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 . 0 OJ No L 89, 10. 4. 1968, p. 3. f) OJ No L 145, 27. 6. 1968 , p. 10.

11 . 12. 90 Official Journal of the European Communities No L 346/ 15

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 Journal of the European Communities, C series, over Whereas a cif price may, by way of exception, be left 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 Whereas these exchange rates being those recorded on 7 prices which are available and which appear not to be December 1990 ; sufficiently representative of actual market trends would entail sudden and considerable changes in the cif price ; Whereas it follows from applying these provisions that the levies for white sugar and raw sugar should be as set Whereas the levy is altered only if the variation in the out in the Annex hereto, elements used to calculate it would entail an increase or a reduction of not less than ECU 0,24 per 100 kilograms in relation to the levy previously fixed ; HAS ADOPTED THIS REGULATION :

Whereas, in accordance with Article 21 (1 ) of Regulation Article 1 (EEC) No 1785/81 , the nomenclature provided for in this Regulation is incorporated in the Common Customs The import levies referred to in Article 16 (1 ) of Regula­ Tariff ; tion (EEC) No 1785/81 shall be, in respect of white sugar Whereas, if the levy system is to operate normally, levies and standard quality raw sugar, as set out in the Annex 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 11 December 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, 10 December 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . 2) OJ No L 201 , 31 . 7. 1990, p. 9 .

No L 346/ 16 Official Journal of the European Communities 11 . 12. 90

ANNEX

to the Commission Regulation of 10 December 1990 fixing the import levies on white sugar and raw sugar

(ECU/100 kg)

CN code Levy

1701 11 10 39,37 (') 17011190 39,37 (>) 170112 10 39,37 (>) 1701 12 90 39,37 (') 1701 91 00 44,97 1701 99 10 44,97 1701 99 90 44,97 (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.