31992R1887

No L 189/34 9 . 7. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1887/92 of 8 July 1992 fixing the import levy on molasses

THE COMMISSION OF THE EUROPEAN COMMUNITIES, frontier crossing point for calculating cif prices for sugar 0 ;

Having regard to the Treaty establishing the European Economic Community, Whereas this price must be based on the most favourable purchasing opportunities on the world market established for each product on the basis of quotations or prices on that market adjusted for any deviation from the standard Having regard to Council Regulation (EEC) No 1785/81 quality for which the threshold price is fixed ; whereas the of 30 June 1981 on the common organization of the standard quality for molasses was defined by Regulation market in sugar ('), as last amended by Regulation (EEC) (EEC) No 785/68 of the Commission of 26 June 1968 No 61 /92 (2), and in particular Article 16 (8) thereof, determining the standard quality and laying down detailed rules for calculating the cif price for molasses (6) ;

Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 provides for charging a levy on imports of the products Whereas, when the most favourable purchasing opportu­ listed in Article 1 (1 ) (c) of that Regulation ; nities on the world market are being established, the 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, pursuant to Article 101 (1 ) of Council Decision recorded on important third-country markets and on sales 91 /482/EEC of 25 July 1991 on the association of the concluded in international trade of which it has know­ overseas countries and territories with the European Economic Community (3), no levies shall apply on ledge, either directly or through the agency of the Member States ; whereas, under the terms of Article 7 of imports of products originating in the overseas countries and territories ; whereas, pursuant to Article 101 (4) of the Regulation (EEC) No 785/68, the Commission may for abovementioned Decision, a special amount shall be this purpose take an average of several prices as a basis, provided this average can be regarded as being representa­ charged on imports of certain products originating in the tive of actual market trends : overseas countries and territories in order to prevent products originating from these countries and territories from receiving more favourable treatment than similar products imported from Spain or Portugal into the Whereas the Commission must disregard information if Community as constituted on 31 December 1985 ; the goods concerned are not of sound and fair marketable quality or if the price quoted in an offer relates to a small quantity and is not representative of the market ; whereas Whereas the import levy on molasses must be equal to offer prices which can be regarded as not representative of the threshold price less the cif price ; whereas the actual market trends must also be disregarded ; threshold price for molasses was fixed by Council Regula­ tion (EEC) No 1 748/92 (4) fixing, for the 1992/93 marke­ ting year, the derived intervention prices for white sugar, Whereas any prices or offer taken into consideration the intervention price for raw sugar, the minimum prices which are not for delivery cif Rotterdam must be adjusted, for A and B beet, the threshold prices, the amount of account being taken in particular of the differences in the compensation for storage costs and the prices to be cost of transporting the goods between the port of loading applied in Spain and Portugal ; and the port of destination and between the port of loading and Rotterdam ;

Whereas the cif price for molasses is calculated by the Commission for a Community frontier crossing point Whereas, if information on molasses of the standard which was fixed at Rotterdam by Regulation (EEC) No quality is to be comparable, prices must, depending on 431 /68 of the Council of 9 April 1968 determining the the quality of the molasses offered, be increased or standard quality for raw sugar and fixing the Community reduced in the light of the results obtained by applying Article 6 of Regulation (EEC) No 785/68 ; (') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 6, 11 . 1 . 1992, p. 19. (3) OJ No L 263, 19 . 9. 1991 , p. 1 . 0 OJ No L 89, 10. 4. 1968 , p. 3. (*) OJ No L 180, 1 . 7. 1992, p. 13. (6) OJ No L 145, 27. 6. 1968, p. 12.

9 . 7. 92 Official Journal of the European Communities No L 189/35

Whereas the cif price may, by way of exception, be left in the last subparagraph of Article 3 (1 ) of Council unchanged for a limited period if the offer price which Regulation (EEC) No 1 676/85 (3), as last amended by served as a basis for the previous calculation of the cif Regulation (EEC) No 2205/90 (4), price is not available to the Commission and if the offer — for the other currencies, an exchange rate based on an prices which are available and which appear not to be average of the ecu rates published in the Official sufficiently representative of actual market trends would Journal of the European Communities, C series, over entail sudden and considerable changes in the cif price ; a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; Whereas the levy must be fixed each week ; whereas pursuant to Article 5 of Regulation (EEC) No 837/68 of Whereas these exchange rates being those recorded on 7 the Commission of 28 June 1968 on detailed rules for the July 1992, application of levies on sugar ('), as last amended by Regu­ lation (EEC) No 1428/78 (2), the levy is altered only if the variation in the elements used to calculate it would entail HAS ADOPTED THIS REGULATION : an increase or a reduction of not less than ECU 0,06 per 100 kilograms in relation to the levy previously fixed ; Article 1

Whereas in accordance with Article 21 (1 ) of Regulation 1 . The import levy referred to in Article 16 (1 ) of Regu­ (EEC) No 1785/81 , the nomenclature provided for in this lation (EEC) No 1785/81 is now ECU 1,04 per 100 kilo­ Regulation is incorporated in the Common Customs grams in respect of molasses falling within CN codes Tariff ; 1703 10 00 and 1703 90 00 .

Whereas if the levy system is to operate normally, levies 2. However, no import levy applies to OCT originating should be calculated on currencies on the following basis : products according to Article 101 (1 ) of Decision 91 /482/EEC . — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Article 2 of 2,25 % , a rate of exchange based on their central rate, multiplied by the correcting factor provided for This Regulation shall enter into force on 9 July 1992.

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

Done at Brussels, 8 July 1992.

For the Commission Ray MAC SHARRY Member of the Commission

O OJ No L 151 , 30. 6. 1968, p. 42. (3) 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 .