31992R1096

No L 117/30 Official Journal of the European Communities 1 . 5 . 92

COMMISSION REGULATION (EEC) No 1096/92 of 30 April 1992 fixing the import levies on syrups and certain other products in the sugar sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES, at least ECU 0,73 from the average referred to above or from the levy on white sugar used to fix the basic amount ; whereas, in this case, the basic amount must be Having regard to the Treaty establishing the European equal to one-hundredth of the levy on white sugar used to Economic Community, calculate the alteration :

Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector ('), as last amended by Regula­ Whereas the basic amount thus fixed must be adjusted on tion (EEC) No 61 /92 (2), and in particular Article 16 (8) the basis of variations in the threshold price for white thereof, sugar occurring between the month in which the basic amount is fixed and the period of application ; whereas this adjustment, equal to one-hundredth of the difference Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 between these two threshold prices, must be deducted from or added to the basic amount in the circumstances provides for charging a levy on imports of the products listed in Article 1 (1 ) of that Regulation ; provided for in Article 7 (6) of Regulation (EEC) No 837/68 :

Whereas the levy on the products listed in Article 1 (1 ) (d) of Regulation (EEC) No 1785/81 must be calculated, where appropriate, at a standard rate on the basis of the sucrose content (including other sugars expressed as Whereas the levy on the products referred to in Article 1 sucrose) of the product concerned and of the levy on (1 ) (f) and (g) of Regulation (EEC) No 1785/81 comprises, white sugar ; whereas, however, the levies on maple sugar under Article 16 (6) of that Regulation, a variable element and maple syrup are limited to the amount resulting from and a fixed element, with the latter, per 100 kilograms of application of the rate of duty bound within GATT ; dry matter, being equal to one-tenth of the fixed element established pursuant to point B of Article 14 (1 ) of Council Regulation (EEC) No 2727/75 (% as last amended Whereas Article 7 of Commission Regulation (EEC) No by Regulation (EEC) No 674/92 (6), for the fixing of the 837/68 of 28 June 1968 on detailed rules for the applica­ import levy on the products falling within CN codes 1702 30 91 , 1702 30 99, 1702 40 90 and 1702 90 50, and tion of levies on sugar (3), as last amended by Regulation (EEC) No 1428/78 (4), provides that the basic amount of the variable element, per 100 kilograms of dry matter, the levy for 100 kilograms of product must be fixed per being equal to 100 times the basic import levy applicable as from the first of each month in the case of the percentage point of sucrose content ; products listed in Article 1 (1 ) (d) of Regulation (EEC) No 1 785/81 ; whereas the levy must be fixed each month ; Whereas the basic amount of the levy must be equal to one-hundredth of the average of the levies applicable to 100 kilograms of white sugar during the first 20 days of the month preceding the month for which the basic amount of the levy is fixed ; whereas, however, the levy Whereas, pursuant to Article 101 (1 ) of Council Decision applicable to white sugar on the day of the fixing of the 91 /482/EEC of 25 July 1991 on the association of the basic amount must be substituted for the average of the overseas countries and territories with the European levies, where that levy differs by at least ECU 0,73 from Economic Community Q, no levies shall apply on that average ; imports of products originating in the overseas countries and territories ; whereas, however, pursuant to Article 101 (4) of the abovementioned Decision, a special amount Whereas the basic amount must be fixed each month ; shall be charged on imports of certain products origina­ whereas it must, however, be altered during the period ting in the overseas countries and territories in order to between the day on which it is fixed and the first day of prevent products originating from these countries and territories from receiving more favourable treatment than the month following the month for which the basic amount is applicable, if the levy on white sugar differs by similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ;

(') OJ No L 177, 1 . 7. 1981 , p. 4. 0 OJ No L 6, 11 . 1 . 1992, p. 19. 0 OJ No L 281 , 1 . 11 . 1975, p. 1 . (3) OJ No L 151 , 30. 6. 1968, p. 42. (6) OJ No L 73, 19. 3. 1992, p. 7. (4) OJ No L 171 , 28 . 6. 1978, p. 34. f) OJ No L 263, 19. 9 . 1991 , p. 1 .

1 . 5. 92 Official Journal of the European Communities No L 117/31

Whereas, if the levy system is to operate normally, levies Whereas it follows from the application of these provi­ should be calculated on the following basis : sions that the import levies on the products concerned should be as indicated in the Annex to this Regulation, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central HAS ADOPTED THIS REGULATION : rate, multiplied by the corrective factor provided for in the last subparagraph of Article 3 (1 ) of Council Regu­ Article 1 lation (EEC) No 1676/85 ('), as last amended by Regu­ lation (EEC) No 2205/90 (2), The import levies on the products listed in Article 1 (1 ) (d), (f) and (g) of Regulation (EEC) No 1785/81 shall be as — for the other currencies, an exchange rate based on an indicated in the Annex hereto. average of the ecu rates published in the Official Journal of the European Communities, C series, over Article 2 a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; This Regulation shall enter into force on 1 May 1992.

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

Done at Brussels, 30 April 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 30 April 1992 fixing the import levies on syrups and certain other products in the sugar sector

(ECU) Basic amount per percentage point CN code of sucrose content and per 100 kg net Amount of levy per 100 kg of dry matter (') of the product in question (')

1702 20 10 0,4442 1702 20 90 — 0,4442 1702 30 10 — 54,09 1702 40 10 — 54,09 1702 60 10 — 54,09 1702 60 90 — 0,4442 1702 90 30 — 54,09 1702 90 60 — 0,4442 1702 90 71 — 0,4442 1702 90 90 — 0,4442 2106 90 30 — 54,09 2106 90 59 — 0,4442

(') No import levy applies to OCT originating products according to Article 101 (1 ) of Decision 91 /482/EEC. However, an amount equal to the amount fixed by Regulation (EEC) No 1870/91 B to be levied in accordance with Article 101 (4) of the abovementioned Decision.

(') OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 9.