31992R3163

No L 317/ 14 Official Journal of the European Communities 31 . 10 . 92

COMMISSION REGULATION (EEC) No 3163/92 of 30 October 1992 • fixing the import levies on syrups and certain other products in the sugar sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES, levies, where that levy differs by at least ECU 0,73 from that average ;

Having regard to the Treaty establishing the European Economic Community, Whereas the basic amount must be fixed each month ; whereas it must, however, be altered during the period between the day on which it is fixed and the first day of the month following the month for which the basic amount is applicable, if the levy on white sugar differs by Having regard to Council Regulation (EEC) No 1785/81 at least ECU 0,73 from the average referred to above or of 30 June 1981 on the common organization of the from the levy on white sugar used to fix the basic markets in the sugar sector ('), as last amended by Regula­ amount ; whereas, in this case, the basic amount must be tion (EEC) No 61 /92 (2), and in particular Article 16 (8) equal to one-hundredth of the levy on white sugar used to thereof, calculate the alteration :

Whereas Article 16 (1 ) of Regulation (EEC) No 1785/81 Whereas the basic amount thus fixed must be adjusted on provides for charging a levy on imports of the products the basis of variations in the threshold price for white listed in Article 1 (1 ) of that Regulation ; sugar occurring between the month in which the basic amount is fixed and the period of application ; whereas this adjustment, equal to one-hundredth of the difference between these two threshold prices, must be deducted from or added to the basic amount in the circumstances Whereas the levy on the products listed in Article 1 (1 ) (d) provided for in Article 7 (6) of Regulation (EEC) No of Regulation (EEC) No 1785/81 must be calculated, 837/68 : where appropriate, at a standard rate on the basis of the sucrose content (including other sugars expressed as sucrose) of the product concerned and of the levy on white sugar ; whereas, however, the levies on maple sugar and maple syrup are limited to the amount resulting from Whereas the levy on the products referred to in Article 1 application of the rate of duty bound within GATT ; (1 ) (f) and (g) of Regulation (EEC) No 1785/81 comprises, under Article 16 (6) of that Regulation, a variable element and a fixed element, with the latter, per 100 kilograms of dry matter, being equal to one-tenth of the fixed element Whereas Article 7 of Commission Regulation (EEC) No established pursuant to point B of Article 14 (1 ) of 837/68 of 28 June 1968 on detailed rules for the applica­ Council Regulation (EEC) No 2727/75 (*), as last amended tion of levies on sugar (3), as last amended by Regulation by Regulation (EEC) No 1738/92 (*) for the fixing of the import levy on the products falling within CN codes (EEC) No 1428/78 (4), provides that the basic amount of 1702 30 91 , 1702 30 99, 1702 40 90 and 1702 90 50, and the levy for 100 kilograms of product must be fixed per the variable element, per 100 kilograms of dry matter, percentage point of sucrose content ; being equal to 100 times the basic import levy applicable as from the first of each month in the case of the products listed in Article 1 (1 ) (d) of Regulation (EEC) No 1785/81 ; whereas the levy must be fixed each month ; Whereas the basic amount of the levy must be equal to one-hundredth of the average of the levies applicable to 100 kilograms of white sugar during the first 20 days of the month preceding the month for which the basic Whereas, pursuant to Article 101 (1 ) of Council Decision amount of the levy is fixed ; whereas, however, the levy applicable to white sugar on the day of the fixing of the 91 /482/EEC of 25 July 1991 on the association of the basic amount must be substituted for the average of the overseas countries and territories with the European Economic Community P), no levies shall apply on

(') OJ No L 177, 1 . 7. 1981 , p. 4. (2) OJ No L 6, 11 . 1 . 1992, p. 19. O OJ No L 281 , 1 . 11 . 1975, p. 1 . O OJ No L 151 , 30. 6. 1968, p. 42. O OJ No L 180,. 1 . 7. 1992, p. 1 . (<) OJ No L 171 , 28. 6. 1978, p. 34. O OJ No L 263, 19. 9 . 1991 , p. 1 .

31 . 10 . 92 No L 317/ 15 Official Journal of the European Communities

imports of products originating in the overseas countries a period to be determined, multiplied by the coeffi­ and territories ; whereas, however, pursuant to Article 101 cient referred to in the preceding indent ; (4) of the abovementioned Decision, a special amount shall be charged on imports of certain products origina­ Whereas it follows from the application of these provi­ ting in the overseas countries and territories in order to sions that the import levies on the products concerned prevent products originating from these countries and should be as indicated in the Annex to this Regulation, territories from receiving more favourable treatment than similar products imported from Spain or Portugal into the Community as constituted on 31 December 1985 ; HAS ADOPTED THIS REGULATION : Whereas, if the levy system is to operate normally, levies should be calculated on the following basis : Article 1 — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band The import levies on the products listed in Article 1 (1 ) of 2,25 % , a rate of exchange based on their central (d), (f) and (g) of Regulation (EEC) No 1785/81 shall be as rate, multiplied by the corrective factor provided for in indicated in the Annex hereto. the last subparagraph of Article 3 (1 ) of Council Regu­ lation (EEC) No 1676/85 ('), as last amended by Regu­ lation (EEC) No 2205/90 (2), Article 2 — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official This Regulation shall enter into force on 1 November Journal of the European Communities, C series, over 1992.

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

Done at Brussels, 30 October 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 30 October 1992 fixing the import levies on syrups and certain other products in the sugar sector

'ECU) Basic amount per percentage point CN code of sucrose content and per 100 kg net Amount of levy per 100 kg of dry matter (') of the product in question (')

1702 20 10 0,4609 — 1702 20 90 0,4609 — 1702 30 10 — 55,76 1702 40 10 — 55,76 1702 60 10 — 55,76 1702 60 90 0,4609 — 1702 90 30 — 55,76 1702 90 60 0,4609 — 1702 90 71 0,4609 — 1702 90 90 0,4609 — 2106 90 30 — 55,76 2106 90 59 0,4609 —

(') 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 .

(■) OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 9 .