31992R0262

No L 28/ 14 Official Journal of the European Communities 4. 2. 92

COMMISSION REGULATION (EEC) No 262/92 of 3 February 1992 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, the Community frontier crossing point for calculating cif prices for sugar (*) ;

Having regard to the Treaty establishing the European Whereas this price must be based on the most favourable Economic Community, purchasing opportunities on the world market established for each product on the basis of quotations or prices on that market adjusted for any deviation from the standard Having regard to the Act of Accession of Spain and quality for which the threshold price is fixed ; whereas the Portugal, standard quality for raw sugar was defined by Regulation (EEC) No 431 /68 and that for white sugar by Regulation Having regard to Council Regulation (EEC) No 1785/81 (EEC) No 793/72 (6); of 30 June 1981 on the common organization of the market in sugar ('), as last amended by Regulation (EEC) Whereas, when the most favourable purchasing opportu­ No 61 /92 (2), and in particular Article 16 (8) thereof, 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 Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81 exchanges which are important for world trade, on prices provides for charging a levy on imports of the products recorded on important third-country markets, and on listed in Article 1 ( 1 ) of that Regulation ; sales concluded in international trade of which it has knowledge either directly or through the agency of the Member States ; Whereas the import levy on white sugar and raw sugar must be equal to the threshold price less the cif price ; whereas the threshold price for each of these products was Whereas, however, pursuant to Regulation (EEC) No 784/68 of the Commission of 26 June 1968 laying down fixed by Council Regulation (EEC) No 1718/91 of 13 detailed rules for calculating cif prices for white sugar and June 1991 fixing, for the 1991 /92 marketing year, the raw sugar f), the Commission must disregard information derived intervention prices for white sugar, the interven­ tion price for raw sugar, the minimum prices for A and B if the goods concerned are not of sound and fair marke­ beet, the threshold prices, the amount of compensation table quality or if the price quoted in an offer relates to small quantities and is not representative of the market ; for storage costs and the prices to be applied in Spain and whereas offer prices which can be assumed not to be Portugal (3) ; representative of the actual market trends must also be disregarded ; Whereas, pursuant to Article 101 ( 1 ) of Council Decision 91 /482/EEC of 25 July 1991 on the association of the Whereas any offer or prices taken into consideration overseas countries and territories with the European which are not for goods delivered in bulk cif Rotterdam Economic Community (4), no levies shall apply on must be adjusted ; whereas when this adjustment is being imports of products originating in the overseas countries made account must be taken of the difference in the cost and territories ; whereas, however, pursuant to Article 101 of transporting the goods between the port of loading and (4) of the abovementioned Decision, a special amount the port of destination and between the port of loading shall be charged on imports of certain products origi­ and Rotterdam ; whereas, if the price or the offer relates nating in the overseas countries and territories in order to to goods in bags, it must be reduced by ECU 0,73 per 100 prevent products originating from these countries and kilograms under the terms of Article 4 of Regulation territories from receiving more favourable treatment than (EEC) No 784/68 ; similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ; Whereas, if information on sugar of the standard quality is to be comparable, the price increases or reductions Whereas the cif price for raw sugar and white sugar is fixed pursuant to Article 15 of Regulation (EEC) No 1785/81 must be added to or deducted from the offers calculated by the Commission for a Community frontier crossing point which was fixed at Rotterdam by Regula­ taken into consideration in the case of white sugar ; whereas, in the case of raw sugar, the corrective factors tion (EEC) No 431 /68 of the Council of 9 April 1968 determining the standard quality for raw sugar and fixing provided for in Article 5 of Regulation (EEC) No 784/68 must be applied ;

(') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 6, 11 . 1 . 1992, p. 19 . O OJ No L 89, 10. 4. 1968, p. 3. (3) OJ No L 162, 26. 6. 1991 , p. 23. (6) OJ No L 94, 21 . 4. 1972. p. 1 . (4) OJ No L 263, 19. 9 . 1991 , p. 1 . 0 OJ No L 145, 27. 6. 1968 , p. 10 .

4. 2. 92 Official Journal of the European Communities No L 28/ 15

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 lation (EEC) No 2205/90 (2), established 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 31 sufficiently representative of actual market trends would January 1992 ; 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 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 4 February 1992.

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

Done at Brussels, 3 February 1992.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 28 / 16 Official Journal of the European Communities 4. 2. 92

ANNEX

to the Commission Regulation of 3 February 1992 fixing the import levies on white sugar and raw sugar

(ECU/100 kg)

CN code Levy (')

1701 11 10 40,81 (') 1701 11 90 40,81 (') 1701 12 10 40,81 (') 1701 12 90 40,81 (') 1701 91 00 45,63 1701 99 10 45,63 1701 99 90 45,63 (2)

(') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 of Commission Regulation (EEC) No 837/68 . (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. (') No import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.