31992R0277

6. 2. 92 Official Journal of the European Communities No L 30/ 17

COMMISSION REGULATION (EEC) No 277/92 of 5 February 1992 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, for each product on the basis of quotations or prices on that market adjusted for any deviation from the standard quality for which the threshold price is fixed ; whereas the Having regard to the Treaty establishing the European standard quality for molasses was defined by Regulation Economic Community, (EEC) No 785/68 of the Commission of 26 June 1968 determining the standard quality and laying down Having regard to Council Regulation (EEC) No 1785/81 detailed rules for calculating the cif price for molasses (*) ; of 30 June 1981 on the common organization of the market in sugar (>), as last amended by Regulation (EEC) No 61 /92 (2), and in particular Article 16 (8) thereof, Whereas, when the most favourable purchasing opportu­ nities on the world market are being established, the Commission must take account of all available informa­ Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 tion on offers on the world market, on quotations on the provides for charging a levy on imports of the products exchanges which are important for world trade, on prices listed in Article 1 (1 ) (c) of that Regulation ; recorded on important third-country markets and on sales concluded in international trade of which it has know­ Whereas, pursuant to Article 101 (1 ) of Council Decision ledge, either directly or through the agency of the 91 /482/EEC of 25 July 1991 on the association of the Member States ; whereas, under the terms of Article 7 of overseas countries and territories with the European Regulation (EEC) No 785/68, the Commission may for Economic Community (3), no levies shall apply on this purpose take an average of several prices as a basis, imports of products originating in the overseas countries provided this average can be regarded as being representa­ and territories ; whereas, pursuant to Article 101 (4) of the tive of actual market trends ; abovementioned Decision, a special amount shall be charged on imports of certain products originating in the overseas countries and territories in order to prevent Whereas the Commission must disregard information if products originating from these countries and territories the goods concerned are not of sound and fair marketable from receiving more favourable treatment than similar quality or if the price quoted in an offer relates to a small products imported from Spain or Portugal into the quantity and is not representative of the market ; whereas Community as constituted on 31 December 1985 ; offer prices which can be regarded as not representative of actual market trends must also be disregarded ; Whereas the import levy on molasses must be equal to the threshold price less the cif price ; whereas the threshold price for molasses was fixed by Council Regula­ Whereas any prices or offer taken into consideration tion (EEC) No 1718/91 of 13 June 1991 fixing, for the which are not for delivery cif Rotterdam must be adjusted, 1991 /92 marketing year, the derived intervention prices account being taken in particular of the differences in the for white sugar, the intervention price for raw sugar, the cost of transporting the goods between the port of loading minimum prices for A and B beet, the threshold prices, and the port of destination and between the port of the amount of compensation for storage costs and the loading and Rotterdam ; prices to be applied in Spain and Portugal (4) ;

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 0 ; Whereas the cif price may, by way of exception, be left unchanged for a limited period if the offer price which Whereas this price must be based on the most favourable served as a basis for the previous calculation of the cif purchasing opportunities on the world market established price is not available to the Commission and if the offer prices which are available and which appear not to be (') OJ No L 177, 1 . 7. 1981 , p. 4. sufficiently representative of actual market trends would 0 OJ No L 6, 11 . 1 . 1992, p. 19. entail sudden and considerable changes in the cif price ;' (3) OJ No L 263, 19. 9. 1991 , p. 1 . (4) OJ No L 162, 26. 6. 1991 , p. 23. 0 OJ No L 89, 10. 4. 1968, p. 3. (6) OJ No L 145, 27. 6. 1968, p. 12.

No L 30/ 18 Official Journal of the European Communities 6. 2. 92

Whereas the levy must be fixed each week ; whereas Journal of the European Communities, C series, over pursuant to Article 5 of Regulation (EEC) No 837/68 of a period to be determined, multiplied by the coeffi­ the Commission of 28 June 1968 on detailed rules for the cient referred to in the preceding indent ; application of levies on sugar ('), as last amended by Regu­ lation (EEC) No 1428/78 (2), the levy is altered only if the Whereas these exchange rates being those recorded on 4 variation in the elements used to calculate it would entail February 1992, an increase or a reduction of not less than ECU 0,06 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 Regulation is incorporated in the Common Customs Article 1 Tariff ; 1 . The import levy referred to in Article 16 (1 ) of Regu­ Whereas if the levy system is to operate normally, levies lation (EEC) No 1785/81 is now ECU 0,63 per 100 kilo­ should be calculated on currencies on the following basis : grams in respect of molasses falling within CN codes — in the case of currencies which are maintained in rela­ 1703 10 00 and 1703 90 00. tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central 2. However, no import levy applies to OCT originating rate, multiplied by the correcting factor provided for products according to Article 101 (1 ) of Decision 91 /482/EEC. 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 6 February 1992.

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

Done at Brussels, 5 February 1992.

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