31992R1735

1 . 7. 92 Official Journal of the European Communities No L 179/ 121

COMMISSION REGULATION (EEC) No 1735 /92 of 30 June 1992 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the cif price for raw sugar and white sugar is calculated by the Commission for a Community frontier crossing point which was fixed at Rotterdam by Regula­ Having regard to the Treaty establishing the European tion (EEC) No 431 /68 of the Council of 9 April 1968 Economic Community, determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif Having regard to the Act of Accession of Spain and prices for sugar (*); Portugal,

Whereas this price must be based on the most favourable Having regard to Council Regulation (EEC) No 1785/81 purchasing opportunities on the world market established of 30 June 1981 on the common organization of the market in sugar ('), as last amended by Regulation (EEC) for each product on the basis of quotations or prices on that market adjusted for any deviation from the standard No 61 /92 (2), and in particular Article 16 (8) thereof, quality for which the threshold price is fixed ; whereas the standard quality for raw sugar was defined by Regulation Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 (EEC) No 431 /68 and that for white sugar by Regulation provides for charging a levy on imports of the products (EEC) No 793/72Q ; listed in Article 1 (1 ) of that Regulation ;

Whereas the import levy on white sugar and raw sugar Whereas, when the most favourable purchasing opportu­ must be equal to the threshold price less the cif price ; nities on the world market are being established, the Commission must take account of all available informa­ whereas the threshold price for each of these products was fixed by Council Regulation (EEC) No 1718/91 of 13 tion on offers on the world market, on quotations on the June 1991 fixing, for the 1991 /92 marketing year, the exchanges which are important for world trade, on prices derived intervention prices for white sugar, the interven­ recorded on important third-country markets, and on sales concluded in international trade of which it has tion price for raw sugar, the minimum prices for A and B beet, the threshold prices, the amount of compensation knowledge either directly or through the agency of the for storage costs and the prices to be applied in Spain and Member States ; Portugal (3) ;

Whereas, pending the fixing of the prices applicable for Whereas, however, pursuant to Regulation (EEC) No the 1992/93 marketing year, the threshold prices appli­ 784/68 of the Commission of 26 June 1968 laying down cable on 30 June 1992 should be laid down pursuant to detailed rules for calculating cif prices for white sugar and Commission Regulation (EEC) No 1599/92 of 24 June raw sugar (8), the Commission must disregard information 1992 on precautionary measure and the suspension of if the goods concerned are not of sound and fair marke­ advance fixing in certain agricultural sectors (4), table quality or if the price quoted in an offer relates to small quantities and is not representative of the market ; whereas offer prices which can be assumed not to be Whereas, pursuant to Article 101 (1 ) of Council Decision representative of the actual market trends must also be 91 /482/EEC of 25 July 1991 on the association of the disregarded ; overseas countries and territories with the European Economic Community (*), no levies shall apply on imports of products originating in the overseas countries Whereas any offer or prices taken into consideration and territories ; whereas, however, pursuant to Article 101 which are not for goods delivered in bulk cif Rotterdam (4) of the abovementioned Decision, a special amount must be adjusted ; whereas when this adjustment is being shall be charged on imports of certain products origi­ made account must be taken of the difference in the cost nating in the overseas countries and territories in order to of transporting the goods between the port of loading and prevent products originating from these countries and the port of destination and between the port of loading territories from receiving more favourable treatment than and Rotterdam ; whereas, if the price or the offer relates similar products imported from Spain or Portugal into the to goods in bags, it must be reduced by ECU 0,73 per 100 Community as constituted on 31 December 1985 ; kilograms under the terms of Article 4 of Regulation (EEC) No 784/68 ; (') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 6, 11 . 1 . 1992, p. 19. (3) OJ No L 162, 26. 6. 1991 , p. 23 . (6) OJ No L 89, 10. 4. 1968 , p. 3. (4) OJ No L 169, 24. 6. 1992, p. 12. o OJ No L 94, 21 . 4. 1972, p. 1 . 0 OJ No L 263, 19. 9. 1991 , p. 1 . (") OJ No L 145, 27. 6. 1968 , p. 10 .

No L 179 / 122 1 . 7. 92 Official Journal of the European Communities

Whereas, if information on sugar of the standard quality of 2,25 % , a rate of exchange based on their central is to be comparable, the price increases or reductions rate, multiplied by the corrective factor provided for in fixed pursuant to Article 15 of Regulation (EEC) No the last subparagraph of Article 3 (1 ) of Council Regu­ 1785/81 must be added to or deducted from the offers lation (EEC) No 1676/85 ('), as last amended by Regu­ taken into consideration in the case of white sugar ; lation (EEC) No 2205/90 (2), whereas, in the case of raw sugar, the corrective factors — for the other currencies, an exchange rate based on an provided for in Article 5 of Regulation (EEC) No 784/68 average of the ecu rates published in the Official must be applied ; Journal of the European Communities, C series, over Whereas, pursuant to Article 7 of Regulation (EEC) No a period to be determined, multiplied by the coeffi­ 784/68, a special cif price may be established for sugar cient referred to in the preceding indent ; which has been specially treated or specially packed if the offer price for such sugar is lower than the cif price Whereas these exchange rates being those recorded on 29 established pursuant to the provisions referred to above ; June 1992 ;

Whereas a cif price may, by way of exception, be left Whereas it follows from applying these provisions that unchanged for a limited period if the offer price which served as a basis for the previous calculation of the cif the levies for white sugar and raw sugar should be as set out in the Annex hereto, price is not available to the Commission and if the offer prices which are available and which appear not to be sufficiently representative of actual market trends would entail sudden and considerable changes in the cif price ; HAS ADOPTED THIS REGULATION : Whereas the levy is altered only if the variation in the elements used to calculate it would entail an increase or a reduction of not less than ECU 0,24 per 100 kilograms in Article 1 relation to the levy previously fixed ;

Whereas, in accordance with Article 21 ( 1 ) of Regulation The import levies referred to in Article 16 ( 1 ) of Regula­ (EEC) No 1785/81 , the nomenclature provided for in this tion (EEC) No 1785/81 shall be, in respect of white sugar Regulation is incorporated in the Common Customs and standard quality raw sugar, as set out in the Annex Tariff ; hereto .

Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : Article 2 — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band This Regulation shall enter into force on 1 July 1992.

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

Done at Brussels, 30 June 1992.

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 .

1 . 7. 92 Official Journal of the European Communities No L 179/ 123

ANNEX

to the Commission Regulation of 30 June 1992 fixing die import levies on white sugar and raw sugar (ECU/100 kg)

CN code Levy (3)

1701 11 10 37,12 0 1701 11 90 37,12 0 1701 1210 37,12 0 1701 12 90 37,12 0 1701 91 00 44,82 1701 99 10 44,82 1701 99 90 44,82 0

(') 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. (3) 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.