31992R1782

No L 182/41 2. 7 . 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1782/92 of 1 July 1992 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, crossing point which was fixed at Rotterdam by Regula­ tion (EEC) No 431 /68 of the Council of 9 April 1968 determining the standard quality for raw sugar and fixing Having regard to the Treaty establishing the European the Community frontier crossing point for calculating cif Economic Community, prices for sugar (6) ;

Having regard to the Act of Accession of Spain and 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 for each product on the basis of quotations or prices on that market adjusted for any deviation from the standard market in sugar ('), as last amended by Regulation (EEC) quality for which the threshold price is fixed ; whereas the No 61 /92 (2), and in particular Article 16 (8) thereof, standard quality for raw sugar was defined by Regulation (EEC) No 431 /68 and that for white sugar by Regulation Whereas Article 16 ( 1 ) of Regulation (EEC) No 1785/81 (EEC) No 793/72(1 ; provides for charging a levy on imports of the products 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 1748/92 (3) fixing, tion on offers on the world market, on quotations on the for the 1992/93 marketing year, the derived intervention exchanges which are important for world trade, on prices prices for white sugar, the intervention price for raw recorded on important third-country markets, and on sales concluded in international trade of which it has sugar, the minimum prices for A and B beet, the thre­ shold prices, the amount of compensation for storage knowledge either directly or through the agency of the costs and the prices to be applied in Spain and Portugal ; Member States :

Whereas Commission Regulation (EEC) No 1 735/92 (4) provisionally fixed the import levies on white sugar and Whereas, however, pursuant to Regulation (EEC) No raw sugar as from 1 July 1992 ; whereas they should be 784/68 of the Commission of 26 June 1968 laying down adjusted to take account of the decisions taken in respect detailed rules for calculating cif prices for white sugar and of prices by the Council ; raw sugar (8), the Commission must disregard information if the goods concerned are not of sound and fair marke­ Whereas, pursuant to Article 101 (1 ) of Council Decision table quality or if the price quoted in an offer relates to 91 /482/EEC of 25 July 1991 on the association of the small quantities and is not representative of the market ; overseas countries and territories with the European whereas offer prices which can be assumed not to be Economic Community (*), no levies shall apply on representative of the actual market trends must also be imports of products originating in the overseas countries disregarded ; and territories ; whereas, however, pursuant to Article 101 (4) of the abovementioned Decision, a special amount shall be charged on imports of certain products origi­ nating in the overseas countries and territories in order to Whereas any offer or prices taken into consideration prevent products originating from these countries and which are not for goods delivered in bulk cif Rotterdam territories from receiving more favourable treatment than must be adjusted ; whereas when this adjustment is being similar products imported from Spain or Portugal into the made account must be taken of the difference in the cost Community as constituted on 31 December 1985 ; of transporting the goods between the port of loading and the port of destination and between the port of loading and Rotterdam ; whereas, if the price or the offer relates Whereas the cif price for raw sugar and white sugar is to goods in bags, it must be reduced by ECU 0,73 per 100 calculated by the Commission for a Community frontier 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 181 , 1 . 7. 1992, p. 13. (6) OJ No L 89, 10. 4. 1968 , p. 3 . 0 OJ No L 179, 1 . 7. 1992, p. 121 . 0 OJ No L 94, 21 . 4. 1972, p. 1 . O OJ No L 263, 19 . 9. 1991 , p. 1 . (8) OJ No L 145, 27. 6. 1968, p. 10.

No L 182/42 Official Journal of the European Communities 2. 7. 92

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 Whereas these exchange rates being those recorded on 30 offer price for such sugar is lower than the cif price June 1992 ; established pursuant to the provisions referred to above ; 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 the levies for white sugar and raw sugar should be as set served as a basis for the previous calculation of the cif 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 HAS ADOPTED THIS REGULATION entail sudden and considerable changes in the cif price ;

Whereas the levy is altered only if the variation in the Article 1 elements used to calculate it would entail an increase or a reduction of not less than ECU 0,24 per 100 kilograms in The import levies referred to in Article 16 (1 ) of Regula­ relation to the levy previously fixed ; tion (EEC) No 1785/81 shall be, in respect of white sugar and standard quality raw sugar, as set out in the Annex Whereas, in accordance with Article 21 ( 1 ) of Regulation hereto . (EEC) No 1785/81 , the nomenclature provided for in this Regulation is incorporated in the Common Customs Article 2 Tariff ; Whereas, if the levy system is to operate normally, levies This Regulation shall enter into force on the day of its should be calculated on the following basis : publication in the Official Journal of the European Communities. — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band It shall apply with effect from 1 July 1992.

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

Done at Brussels, 1 July 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.

No L 182/43 2. 7 . 92 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 1 July 1992 fixing the import levies on white sugar and raw sugar (ECU/100 kg)

CN code Levy (')

1701 11 10 37,12 (•) 17011190 37,12 (') 1701 12 10 37,12 (') 1701 12 90 37,12 0 1701 91 00 44,82 1701 99 10 44,82 1701 99 90 44,82 (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. (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 .