31992R1813

No L 183/ 18 Official Journal of the European Communities 3 . 7. 92

COMMISSION REGULATION (EEC) No 1813/92 of 2 July 1992 fixing the import levies on white sugar and raw sugar

THE COMMISSION OF THE EUROPEAN COMMUNITIES, determining the standard quality for raw sugar and fixing the Community frontier crossing point for calculating cif prices for sugar f5) ; Having regard to the Treaty establishing the European Economic Community,

Whereas this price must be based on the most favourable Having regard to the Act of Accession of Spain and purchasing opportunities on the world market established Portugal, 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 Council Regulation (EEC) No 1785/81 standard quality for raw sugar was defined by Regulation of 30 June 1981 on the common organization of the (EEC) No 431 /68 and that for white sugar by Regulation market in sugar ('), as last amended by Regulation (EEC) (EEC) No 793/72 0 ; No 61 /92 (2), and in particular Article 16 (8) thereof,

Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 Whereas, when the most favourable purchasing opportu­ provides for charging a levy on imports of the products nities on the world market are being established, the listed in Article 1 (1 ) of that Regulation ; Commission must take account of all available informa­ tion on offers on the world market, on quotations on the exchanges which are important for world trade, on prices Whereas the import levy on white sugar and raw sugar recorded on important third-country markets, and on must be equal to the threshold price less the cif price ; sales concluded in international trade of which it has whereas the threshold price for each of these products was knowledge either directly or through the agency of the fixed by Council Regulation (EEC) No 1748/92 (3) fixing, Member States ; for the 1992/93 marketing year, the derived intervention prices for white sugar, the intervention price for raw sugar, the minimum prices for A and B beet, the thre­ shold prices, the amount of compensation for storage Whereas, however, pursuant to Regulation (EEC) No costs and the prices to be applied in Spain and Portugal ; 784/68 of the Commission of 26 June 1968 laying down detailed rules for calculating cif prices for white sugar and raw sugar f), the Commission must disregard information Whereas, pursuant to Article 101 (1 ) of Council Decision if the goods concerned are not of sound and fair marke­ 91 /482/EEC of 25 July 1991 on the association of the table quality or if the price quoted in an offer relates to overseas countries and territories with the European small quantities and is not representative of the market ; Economic Community (4), no levies shall apply on whereas offer prices which can be assumed not to be imports of products originating in the overseas countries representative of the actual market trends must also be and territories ; whereas, however, pursuant to Article 101 disregarded ; (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 prevent products originating from these countries and territories from receiving more favourable treatment than Whereas any offer or prices taken into consideration similar products imported from Spain or Portugal into the which are not for goods delivered in bulk cif Rotterdam Community as constituted on 31 December 1985 ; must be adjusted ; whereas when this adjustment is being made account must be taken of the difference in the cost of transporting the goods between the port of loading and Whereas the cif price for raw sugar and white sugar is the port of destination and between the port of loading calculated by the Commission for a Community frontier and Rotterdam ; whereas, if the price or the offer relates crossing point which was fixed at Rotterdam by Regula­ to goods in bags, it must be reduced by ECU 0,73 per 100 tion (EEC) No 431 /68 of the Council of 9 April 1968 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. 0 OJ No L 89, 10. 4. 1968, p. 3. f) OJ No L 181 , 1 . 7. 1992, p. 13. (6) OJ No L 94, 21 . 4. 1972, p. 1 . 0 OJ No L 263, 19. 9. 1991 , p. 1 . 0 OJ No L 145, 27. 6. 1968, p. 10.

3 . 7. 92 Official Journal of the European Communities No L 183/ 19

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 must be applied ; average of the ecu rates published in the Official 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 1 established pursuant to the provisions referred to above ; July 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 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 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 3 July 1992.

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

Done at Brussels, 2 July 1992.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 183/20 Official Journal of the European Communities 3 . 7. 92

ANNEX

to the Commission Regulation of 2 July 1992 fixing the import levies on white sugar and raw sugar (ECU/100 kg)

CN code Levy (3)

1701 11 10 38,44 (') 1701 11 90 38,44 (>) 1701 1210 38,44 0 1701 12 90 38,44 (l) 1701 91 00 45,11 1701 99 10 45,11 1701 99 90 45,110

(') 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.