31991R0015

No L 2/ 8 4. 1 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 15/91 of 3 January 1991 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 determining the standard quality and laying down Having regard to the Treaty establishing the European detailed rules for calculating the cif price for molasses (6) ; Economic Community,

Whereas, when the most favourable purchasing opportu­ Having regard to Council Regulation (EEC) No 1785/81 nities on the world market are being established, the of 30 June 1981 on the common organization of the Commission must take account of all available informa­ market in sugar ('), as last amended by Regulation (EEC) tion on offers on the world market, on quotations on the No 3577/90 (2), and in particular Article 16 (8) thereof, exchanges which are important for world trade, on prices recorded on important third-country markets and on sales concluded in international trade of which it has know­ Having regard to the opinion of the Monetary Committee, ledge, either directly or through the agency of the Member States ; whereas, under the terms of Article 7 of Regulation (EEC) No 785/68, the Commission may for Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 this purpose take an average of several prices as a basis, prpvides for charging a levy on imports of the products listed in Article 1 (1 ) (c) of that Regulation ; provided this average can be regarded as being representa­ tive of actual market trends ;

Whereas the import levy on molasses must be equal to the threshold price less the cif price ; whereas the Whereas the Commission must disregard information if threshold price for molasses was fixed by Council Regula­ the goods concerned are not of sound and fair marketable tion (EEC) No 1313/90 of 14 May 1990 fixing, for the quality or if the price quoted in an offer relates to a small 1990/91 marketing year, the derived intervention prices quantity and is not representative of the market ; whereas for white sugar, the intervention price for raw sugar, the offer prices which can be regarded as not representative of minimum prices for A and B beet, the threshold prices, actual market trends must also be disregarded ; the amount of compensation for storage costs and the prices to be applied in Spain and Portugal (3) ; Whereas any prices or offer taken into consideration which are not for delivery cif Rotterdam must be adjusted, Whereas the threshold prices fixed by the Council have account being taken in particular of the differences in the been reduced by Commission Regulation (EEC) No cost of transporting the goods between the port of loading 1738/90 (4) determining the prices and amounts in ecus and the port of destination and between the port of applicable in the sugar sector for the 1990/91 marketing loading and Rotterdam ; 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 Commission for a Community frontier crossing point reduced in the light of the results obtained by applying 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 frontier crossing point for calculating cif prices for Whereas the cif price may, by way of exception, be left sugar (*) ; unchanged for a limited period if the offer price which 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 0 OJ No L 353, 17. 12. 1990, p. 23. the Commission of 28 June 1968 on detailed rules for the 0 OJ No L 132, 23. 5. 1990, p. 3. (4) OJ No L 161, 27. 6. 1990, p. 27. (4 OJ No L 89, 10. 4. 1968, p. 3. («) OJ No L 145, 27. 6. 1968, p. 12.

4. 1 . 91 Official Journal of the European Communities No L 2/9

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 2 January 1991 , 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 Tariff ; HAS ADOPTED THIS REGULATION : Whereas if the levy system is to operate normally, levies should be calculated on currencies on the following basis : Article 1 — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band The import levy referred to in Article 16 ( 1) of Regulation (EEC) No 1785/81 is now ECU 0,96 per 100 kilograms in of 2,25 % , a rate of exchange based on their central respect of molasses falling within CN codes 1 703 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 1 676/85 Q), as last amended by Regulation (EEC) No 2205/90 (4), Article 2 — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official This Regulation shall enter into force on 4 January 1991 .

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

Done at Brussels, 3 January 1991 .

^ 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. 0 OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 201 , 31 . 7. 1990, p. 9.