31991R1854

29 . 6 . 91 Official Journal of the European Communities No L 168 / 27

COMMISSION REGULATION (EEC) No 1854/91 of 28 June 1991 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, determining the standard quality and laying down detailed rules for calculating the cif price for molasses (*) ;

Having regard to the Treaty establishing the European Whereas, when the most favourable purchasing opportu­ Economic Community, nities on the world market are being established, the Commission must take account of all available informa­ tion on offers on the world market, on quotations on the Having regard to Council Regulation (EEC) No 1785/81 exchanges which are important for world trade, on prices of 30 June 1981 on the common organization of the recorded on important third-country markets and on sales concluded in international trade of which it has know­ market in sugar ('), as last amended by Regulation (EEC) No 464/91 (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 Regulation (EEC) No 785/68 , the Commission may for this purpose take an average of several prices as a basis, Having regard to the opinion of the Monetary Committee, provided this average can be regarded as being representa­ tive of actual market trends ;

Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 Whereas the Commission must disregard information if provides for charging a levy on imports of the products the goods concerned are not of sound and fair marketable listed in Article 1 ( 1 ) (c) of that Regulation ; quality or if the price quoted in an offer relates to a small quantity and is not representative of the market ; whereas offer prices which can be regarded as not representative of Whereas the import levy on molasses must be equal to actual market trends must also be disregarded ; the threshold price less the cif price ; whereas the threshold price for molasses was fixed by Council Regula­ tion (EEC) No 1718/91 of 13 June 1991 fixing, for the Whereas any prices or offer taken into consideration 1991 /92 marketing year, the derived intervention prices which are not for delivery cif Rotterdam must be adjusted, for white sugar, the intervention price for raw sugar, the account being taken in particular of the differences in the minimum prices for A and B beet, the threshold prices, cost of transporting the goods between the port of loading the amount of compensation for storage costs and the and the port of destination and between the port of prices to be applied in Spain and Portugal (3) ; loading and Rotterdam ;

Whereas, if information on molasses of the standard Whereas the cif price for molasses is calculated by the quality is to be comparable, prices must, depending on Commission for a Community frontier crossing point the quality of the molasses offered, be increased or which was fixed at Rotterdam by Regulation (EEC) No reduced in the light of the results obtained by applying 431 /68 of the Council of 9 April 1968 determining the Article 6 of Regulation (EEC) No 785/68 ; standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar (4) ; Whereas the cif price may, by way of exception, be left unchanged for a limited period if the offer price which served as a basis for the previous calculation of the cif Whereas this price must be based on the most favourable price is not available to the Commission and if the offer purchasing opportunities on the world market established prices which are available and which appear not to be for each product on the basis of quotations or prices on sufficiently representative of actual market trends would that market adjusted for any deviation from the standard entail sudden and considerable changes in the cif price ; quality for which the threshold price is fixed ; whereas the standard quality for molasses was defined by Regulation (EEC) No 785/68 of the Commission of 26 June 1968 Whereas the levy must be fixed each week ; whereas pursuant to Article 5 of Regulation (EEC) No 837/68 of 0 OJ No L 177, 1 . 7. 1981 , p. 4. the Commission of 28 June 1968 on detailed rules for the (2) OJ No L 54, 28 . 2. 1991 , p. 22. (3) OJ No L 162, 26. 6. 1991 , p. 23. (4) OJ No L 89, 10 . 4. 1968 , p. 3 . (5) OJ No L 145, 27. 6. 1968 , p. 12.

No L 168 /28 Official Journal of the European Communities 29 . 6 . 91

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 27 June 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 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 0,21 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 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 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 151 , 30. 6. 1968 , p. 42. (2) OJ No L 171 , 28 . 6. 1978, p. 34. O OJ No L 164, 24. 6. 1985, p. 1 . (4) OJ No L 201 , 31 . 7. 1990, p. 9.