31991R1849

No L 168 / 16 Official Journal of the European Communities 29 . 6 . 91

COMMISSION REGULATION (EEC) No 1849/91 of 28 June 1991 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 431 /68 and that for white sugar by Regulation (EEC) No 793/72 0 ;

Having regard to the Treaty establishing the European Economic Community,

Whereas, when the most favourable purchasing opportu­ Having regard to the Act of Accession of Spain and nities on the world market are being established, the Commission must take account of all available informa­ Portugal, tion on offers on the world market, on quotations on the exchanges which are important for world trade, on prices recorded on important third-country markets, and on Having regard to Council Regulation (EEC) No 1785/81 sales concluded in international trade of which it has of 30 June 1981 on the common organization of the knowledge either directly or through the agency of the market in sugar ('), as last amended by Regulation (EEC) Member States ; No 464/91 (2), and in particular Article 16 (8) thereof,

Having regard to the opinion of the Monetary Committee, Whereas, however, pursuant to Regulation (EEC) No 784/68 of the Commission of 26 June 1968 laying down Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 detailed rules for calculating cif prices for white sugar and provides for charging a levy on imports of the products raw sugar (6), the Commission must disregard information listed in Article 1 ( 1 ) of that Regulation ; if the goods concerned are not of sound and fair marke­ table quality or if the price quoted in an offer relates to small quantities and is not representative of the market ; Whereas the import levy on white sugar and raw sugar whereas offer prices which can be assumed not to be must be equal to the threshold price less the cif price ; representative of the actual market trends must also be whereas the threshold price for each of these products was disregarded ; fixed by Council Regulation (EEC) No 1718/91 of 13 June 1991 fixing, for the 1991 /92 marketing year, the derived intervention prices for white sugar, the interven­ tion price for raw sugar, the minimum prices for A and B beet, the threshold prices, the amount of compensation Whereas any offer or prices taken into consideration for storage costs and the prices to be applied in Spain and which are not for goods delivered in bulk cif Rotterdam Portugal (3) ; must be adjusted ; whereas when this adjustment is being made account must be taken of the difference in the cost of transporting the goods between the port of loading and Whereas the cif price for raw sugar and white sugar is the port of destination and between the port of loading calculated by the Commission for a Community frontier and Rotterdam ; whereas, if the price or the offer relates crossing point which was fixed at Rotterdam by Regula­ to goods in bags, it must be reduced by ECU 0,73 per 100 tion (EEC) No 431 /68 of the Council of 9 April 1968 kilograms under the terms of Article 4 of Regulation determining the standard quality for raw sugar and fixing (EEC) No 784/68 ; the Community frontier crossing point for calculating cif prices for sugar (4) ;

Whereas, if information on sugar of the standard quality Whereas this price must be based on the most favourable is to be comparable, the price increases or reductions purchasing opportunities on the world market established fixed pursuant to Article 15 of Regulation (EEC) No for each product on the basis of quotations or prices on 1785/ 81 must be added to or deducted from the offers that market adjusted for any deviation from the standard taken into consideration in the case of white sugar ; quality for which the threshold price is fixed ; whereas the whereas, in the case of raw sugar, the corrective factors standard quality for raw sugar was defined by Regulation provided for in Article 5 of Regulation (EEC) No 784/68 must be applied ; (') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 54, 28 . 2. 1991 , p. 22. O OJ No L 162, 26. 6. 1991 , p. 23 . (*) OJ No L 94, 21 . 4. 1972, p. 1 . (4) OJ No L 89 , 10 . 4. 1968 , p. 3. (6) OJ No L 145 , 27 . 6. 1968 , p. 10 .

29 . 6 . 91 Official Journal of the European Communities No L 168/ 17 f Whereas, pursuant to Article 7 of Regulation (EEC) No rate, multiplied by the corrective factor provided for in 784/68, a special cif price may be established for sugar the last subparagraph of Article 3 (1 ) of Council Regu­ which has been specially treated or specially packed if the lation (EEC) No 1676/85 ('), as last amended by Regu­ offer price for such sugar is lower than the cif price esta­ lation (EEC) No 2205/90 (2), blished pursuant to the provisions referred to above ; — for the other currencies, an exchange rate based on an 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 these exchange rates being those recorded on 27 sufficiently representative of actual market trends would June 1991 ; entail sudden and considerable changes in the cif price ; Whereas it follows from applying these provisions that Whereas the levy is altered only if the variation in the the levies for white sugar and raw sugar should be as set elements used to calculate it would entail an increase or a out in the Annex hereto, 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 (EEC) No 1785/81 , the nomenclature provided for in this , Article 1 Regulation is incorporated in the Common Customs Tariff ; The import levies referred to in Article 16 (1 ) of Regula­ 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 1 July 1991 .

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

Done at Brussels, 28 June 1991 .

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 168/ 18 Official Journal of the European Communities 29 . 6. 91

ANNEX

to the Commission Regulation of 28 June 1991 fixing the import levies on white sugar and raw sugar (ECU/100 kg)

CN code Levy

1701 11 10 34,42 (') 1701 11 90 34,42 (') 1701 12 10 34,42 (') 1701 12 90 . 34,42 0 1701 91 00 40,21 1701 99 10 40,21 1701 99 90 40,21 (2)

(') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 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.