31990R3844

No L 367/ 10 Official Journal of the European Communities 29 . 12. 90

COMMISSION REGULATION (EEC) No 3844/90 of 28 December 1990 fixing the import levies on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, quality of the goods offered must also be taken into account, whether this quality corresponds to the standard quality fixed in Council Regulations (EEC) No 2731 / Having regard to the Treaty establishing the European 75 (u), as last amended by Regulation (EEC) No 2094/ Economic Community, 87 (I2), and (EEC) No 2734/75, or whether adjustments need to be made by applying the coefficients of equiva­ lence provided for in Commission Regulations No 158/ Having regard to Council Regulation (EEC) No 2727/75 67/EEC (13), as last amended by Regulation (EEC) No of 29 October 1975 on the common organization of the 2124/87 (,4), and No 159/67/EEC H ; market in cereals ('), as last amended by Regulation (EEC) No 3577/90 (2), and in particular Article 13(5) thereof, Whereas the cif price is calculated for Rotterdam on the basis of the abovementioned elements, offers for other Having regard to Council Regulation (EEC) No 1676/85 ports being adjusted, account being taken of the correc­ of 11 June 1985 on the value of the unit of account and tions necessitated by the differences in transport charges the exchange rates to be applied for the purposes of the in relation to Rotterdam ; common agricultural policy (3), as last amended by Regu­ lation (EEC) No 2205/90 (4), and in particular Article 3 thereof, Whereas Council Regulation (EEC) No 715/90 (16) lays down the arrangements applicable on agricultural products and certain goods resulting from the processing Having regard to the opinion of the Monetary Committee, of agricultural products originating in the African, Carib­ 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 charged on imports of the products listed in Article 1 (a), (b) and (c) of that Regulation ; whereas the levy is equal Whereas, in accordance with Article 18(1 ) of Regulation for each product to the threshold price less the cif price ; (EEC) No 2727/75, the nomenclature provided for in this Regulation is incorporated in the combined nomencla­ ture ; Whereas, the threshold prices for cereals and for wheat and rye flour, and wheat groats and meal, were fixed for the 1990/91 marketing year by Council Regulations (EEC) Whereas, if the levy system is to operate normally, levies No 2734/75 0, (EEC) No 1341 /90 (6), (EEC) No should be calculated on the following basis : 1 344/90 Q and Commission Regulation (EEC) No 1573/90 0 ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central Whereas, for the purpose of calculating the cif prices used rate, multiplied by the corrective factor provided for in to determine the levies, the Commission must take into the last paragraph of Article 3 (1 ) of Regulation (EEC) account the factors indicated in Commission Regulation No 1676/85, No 156/67/EEC ('), as last amended by Regulation (EEC) No 31 /76 (10), and in particular the most favourable — for the other currencies, an exchange rate based on an purchasing opportunities on the world market among average of the ecu rates published in the Official those which are most representative of the real trend of Journal of the European Communities, C series, over the market, account being taken in particular of the need a period to be determined, multiplied by the coeffi­ to prevent sudden variations likely to cause abnormal cient referred to in the preceding indent ; disturbances on the Community market ; whereas the

(l) OJ No L 281 , 1 . 11 . 1975, p. 1 . Whereas these exchange rates being those recorded on 27 0 OJ No L 353, 17. 12. 1990, p. 23 . December 1990 : (3) OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 201 , 31 . 7. 1990, p. 9. 0 OJ No L 281 , 1 . 11 . 1975, p. 34. (u) OJ No L 281 , 1 . 11 . 1975, p. 22. («) OJ No L 134, 28. 5. 1990, p. 3 . H OJ No L 196, 17. 7. 1987, p. 1 . f) OJ No L 134, 28. 5. 1990, p. 7. (13) OJ No 128, 27. 6. 1967, p. 2536/67. (8) OJ No L 149, 13. 6. 1990, p. 9 . H OJ No L 197, 18 . 7. 1987, p. 22. (9) OJ No 128, 27. 6. 1967, p. ■ 2533/67. (1S) OJ No 128, 27. 6. 1967, p. 2542/67. (10) OJ No L 5, 10. 1 . 1976, p. 18. H OJ No L 84, 30. 3 . 1990, p. 85.

29 . 12. 90 Official Journal of the European Communities No L 367/ 11

HAS ADOPTED THIS REGULATION : Whereas on importation into Portugal of products listed in Annex XXIV to the Act of Accession an additional amount is added to the levy ; whereas these amounts were Article 1 set by Commission Regulation (EEC) No 3808/90 (') ; The import levies to be charged on the products listed in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75 Whereas it follows from applying all the provisions of the shall be as set out in the Annex hereto. \ abovementioned Regulations that the levies should be as set out in the Annex thereto ; whereas these levies are altered only where variations in the components used to Article 2 calculate them have the effect of increasing or reducing them by ECU 0,73 or more, This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 28 December 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(>) OJ No L 367, 29 . 12. 1990, p. 1 .

No L 367/ 12 Official Journal of the European Communities 29 . 12 . 90

ANNEX

to the Commission Regulation of 28 December 1990 fixing the import levies on cereals and on wheat or rye flour, groats and meal

(ECU/tonne) Levies CN code Third country

0709 90 60 140,23 00 0712 90 19 140,23 00 1001 10 10 197,65 00 1001 10 90 197,65 00 1001 90 91 189,50 1001 90 99 189,50 1002 00 00 155,73 0 1003 00 10 147,87 1003 00 90 147,87 1004 00 10 145,40 1004 00 90 145,40 1005 10 90 140,23 00 1005 90 00 140,23 00 1007 00 90 142,08 0 1008 10 00 59,74 1008 20 00 126,27 (4) 1008 30 00 70,62 (5) 1008 90 10 0 0 1008 90 90 70,62 1101 00 00 279,320 110210 00 232,04 0 110311 10 319,74 0 1103 11 90 300,57 0

(') where durum wheat originating in Morocco is transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. 0 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. 0 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). 0 The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triti­ cale). (*) On importation into Portugal the levy is increased by the amount specified in Article 2 (2) of Regulation (EEC) No 3808/90 .