31992R1784

No L 182/45 2 . 7. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1784/92 of 1 July 1992 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 431 /68 of the Council of 9 April 1968 determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for Having regard to the Treaty establishing the European sugar (6) ; Economic Community,

Having regard to Council Regulation (EEC) No 1785/81 Whereas this price must be based on the most favourable of 30 June 1981 on the common organization of the purchasing opportunities on the world market established market in sugar ('), as last amended by Regulation (EEC) for each product on the basis of quotations or prices on No 61 /92 (2), and in particular Article 16 (8) thereof, that market adjusted for any deviation from the standard quality for which the threshold price is fixed ; whereas the standard quality for molasses was defined by Regulation Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 (EEC) No 785/68 of the Commission of 26 June 1968 provides for charging a levy on imports of the products determining the standard quality and laying down listed in Article 1 ( 1 ) (c) of that Regulation ; detailed rules for calculating the cif price for molasses P) ;

Whereas, pursuant to Article 101 (1 ) of Council Decision Whereas, when the most favourable purchasing opportu­ 91 /482/EEC of 25 July 1991 on the association of the nities on the world market are being established, the overseas countries and territories with the European Commission must take account of all available informa­ Economic Community (3), no levies shall apply on tion on offers on the world market, on quotations on the imports of products originating in the overseas countries exchanges which are important for world trade, on prices and territories ; whereas, pursuant to Article 101 (4) of the recorded on important third-country markets and on sales abovementioned Decision, a special amount shall be concluded in international trade of which it has know­ charged on imports of certain products originating in the ledge, either directly or through the agency of the overseas countries and territories in order to prevent Member States ; whereas, under the terms of Article 7 of products originating from these countries and territories Regulation (EEC) No 785/68, the Commission may for from receiving more favourable treatment than similar this purpose take an average of several prices as a basis, products imported from Spain or Portugal into the provided this average can be regarded as being representa­ Community as constituted on 31 December 1985 ; tive of actual market trends :

Whereas the import levy on molasses must be equal to the threshold price less the cif price ; whereas the Whereas the Commission must disregard information if threshold price for molasses was fixed by Council Regula­ the goods concerned are not of sound and fair marketable tion (EEC) No 1748/92 (4) fixing, for the 1992/93 marke­ quality or if the price quoted in an offer relates to a small ting year, the derived intervention prices for white sugar, quantity and is not representative of the market ; whereas the intervention price for raw sugar, the minimum prices offer prices which can be regarded as not representative of for A and B beet, the threshold prices, the amount of actual market trends must also be disregarded ; compensation for storage costs and the prices to be applied in Spain and Portugal ;

Whereas any prices or offer taken into consideration Whereas Commission Regulation (EEC) No 1 700/92 (^ which are not for delivery cif Rotterdam must be adjusted, provisionally fixed the import levies for molasses as from account being taken in particular of the differences in the 1 July 1 992 ; whereas they should be adjusted to take cost of transporting the goods between the port of loading account of the decisions taken in respect of prices by the and the port of destination and between the port of Council ; loading and Rotterdam ;

Whereas the cif price for molasses is calculated by the Whereas, if information on molasses of the standard Commission for a Community frontier crossing point quality is to be comparable, prices must, depending on which was fixed at Rotterdam by Regulation (EEC) No the quality of the molasses offered, be increased or reduced in the light of the results obtained by applying o OJ No L 177, 1 . 7. 1981 , p. 4. Article 6 of Regulation (EEC) No 785/68 ; 0 OJ No L 6, 11 . 1 . 1992, p. 19. 3) OJ No L 263, 19 . 9 . 1991 , p. 1 . (4) OJ No L 180, 1 . 7. 1992, p. 13. (6) OJ No L 89, 10. 4. 1968 , p. 3 . 0 OJ No L 179, 1 . 7. 1992, p. 17. 0 OJ No L 145, 27. 6. 1968 , p. 12.

No L 182/46 Official Journal of the European Communities 2. 7. 92

Whereas the cif price may, by way of exception, be left Regulation (EEC) No 1 676/85 (3), as last amended by unchanged for a limited period if the offer price which Regulation (EEC) No 2205/90 (4), served as a basis for the previous calculation of the cif — for the other currencies, an exchange rate based on an price is not available to the Commission and if the offer average of the ecu rates published in the Official prices which are available and which appear not to be Journal of the European Communities, C series, over sufficiently representative of actual market trends would a period to be determined, multiplied by the coeffi­ entail sudden and considerable changes in the cif price ; cient referred to in the preceding indent ;

Whereas the levy must be fixed each week ; whereas Whereas these exchange rates being those recorded on 30 pursuant to Article 5 of Regulation (EEC) No 837/68 of June 1992, the Commission of 28 June 1968 on detailed rules for the application of levies on sugar ('), as last amended by Regu­ HAS ADOPTED THIS REGULATION : lation (EEC) No 1428/78 (2), the levy is altered only if the variation in the elements used to calculate it would entail Article 1 an increase or a reduction of not less than ECU 0,06 per 100 kilograms in relation to the levy previously fixed ; 1 . The import levy referred to in Article 16 (1 ) of Regu­ lation (EEC) No 1785/81 is now ECU 0,98 per 100 kilo­ Whereas in accordance with Article 21 (1 ) of Regulation grams in respect of molasses falling within CN codes (EEC) No 1785/81 , the nomenclature provided for in this 1703 10 00 and 1703 90 00 . Regulation is incorporated in the Common Customs Tariff ; 2. However, no import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. Whereas if the levy system is to operate normally, levies should be calculated on currencies on the following basis : Article 2 — in the case of currencies which are maintained in rela­ This Regulation shall enter into force on the day of its tion to each other at any given moment within a band publication in the Official Journal of the European of 2,25 % , a rate of exchange based on their central Communities. rate, multiplied by the correcting factor provided for in the last subparagraph of Article 3 ( 1 ) of Council 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 151 , 30. 6. 1968 , p. 42. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 171 , 28 . 6. 1978 , p. 34. (4) OJ No L 201 , 31 . 7. 1990, p. 9 .