31992R3873

No L 390/ 118 31 . 12. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3873/92 of 30 December 1992 fixing the import levies on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, purchasing opportunities on the world market among those which are most representative of the real trend of the market, account being taken in particular of the need Having regard to the Treaty establishing the European to prevent sudden variations likely to cause abnormal Economic Community, disturbances on the Community market ; whereas the quality of the goods offered must also be taken into Having regard to the Act of Accession of Spain and account, whether this quality corresponds to the standard Portugal, quality fixed in Council Regulations (EEC) No 2731 /75 (> 2), as last amended by Regulation (EEC) No 2094/87 (13), Having regard to Council Regulation (EEC) No 2727/75 and (EEC) No 2734/75, or whether adjustments need to of 29 October 1975 on the common organization of the be made by applying the coefficients of equivalence market in cereals ('), as last amended by Regulation (EEC) provided for in Commission Regulations No 158/67/EEC No 1738/92 (2), and in particular Article 13(5) thereof, (14), as last amended by Regulation (EEC) No 2644/91 (15), and No 159/67/EEC ( 16) ;

Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the exchange rates to be applied for the purposes of the Whereas the cif price is calculated for Rotterdam on the common agricultural policy (3), as last amended by Regu­ basis of the abovementioned elements, offers for other lation (EEC) No 2205/90 (4), and in particular Article 3 ports being adjusted, account being taken of the correc­ thereof, tions necessitated by the differences in transport charges in relation to Rotterdam : Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the Whereas Council Regulations (EEC) No 51 8/92 (17), (EEC) common agricultural policy (^ and in particular Article 5 No 519/92 (18) and (EEC) No 520/92 (19) of 27 February thereof, 1992 on certain procedures for applying the Interim Agreements on trade and trade-related matters between the European Economic Community and the European Whereas the first subparagraph of Article 13(1 ) of Regu­ Coal and Steel Community, of the one part, and the lation (EEC) No 2727/75 provides that a levy must be Republic of Poland, the Republic of Hungary and the charged on imports of the products listed in Article 1 (a), Czech and Slovak Federal Republic respectively, of the (b) and (c) of that Regulation ; whereas the levy is equal other part, introduce arrangements for reducing import for each product to the threshold price less the cif price ; levies on certain products ; whereas Commission Regula­ tion (EEC) No 585/92 (20), as amended by Regulation Whereas, the threshold prices for cereals and for wheat (EEC) No 955/92 (2I), lays down detailed rules for and rye flour, and wheat groats and meal, were fixed for applying the arrangements provided for in these agree­ 1992/93, marketing year by Council Regulations (EEC) ments as regards cereals ; No 2734/75 (% (EEC) No 1 739/92 0, (EEC) No 1 742/92 (8) and Commission Regulation (EEC) No 1801 /92 0 ; Whereas Council Regulation (EEC) No 715/90 (22), as last amended by Regulation (EEC) No 444/92 ("), lays down Whereas, for the purpose of calculating the cif prices used the arrangements applicable on agricultural products and to determine the levies, the Commission must take into certain goods resulting from the processing of agricultural account the factors indicated in Commission Regulation products originating in the African, Caribbean and Pacific No 156/67/EEC (10), as last amended by Regulation (EEC) States or in the overseas countries and territories ; No 31 /76 ("), and in particular the most favourable

H OJ No L 281 , 1 . 11 . 1975, p. 22. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . H OJ No L 196, 17. 7. 1987, p. 1 . (2) OJ No L 180, 1 . 7. 1992, p . 1 . (,4) OJ No 128, 27. 6. 1967, p. 2536/67. (3) OJ No L 164, 24. 6. 1985, p. 1 . H OJ No L 247, 5. 9. 1991 , p. 23. (4) OJ No L 201 , 31 . 7. 1990, p. 9. O OJ No 128, 27. 6. 1967, p. 2542/67. O OJ No L 387, 31 . 12. 1992, p. 1 . (17) OJ No L 56, 29. 2. 1992, p. 3 . (6) OJ No L 281 , 1 . 11 . 1975, p. 34. H OJ No L 56, 29. 2. 1992, p. 6. 0 OJ No L 180, 1 . 7. 1992, p. 2. (") OJ No L 56, 29. 2. 1992, p. 9 . (8) OJ No L 180, 1 . 7. 1992, p. 6. (20) OJ No L 62, 7. 3 . 1992, p. 40 . O OJ No L 182, 2. 7. 1992, p. 83 . (21 ) OJ No L 102, 16. 4. 1992, p. 26. (,0) OJ No 128, 27. 6. 1967, p. 2533/67. (22) OJ No L 84, 30. 3 . 1990, p. 85. (") OJ No L 5, 10 . 1 . 1976, p. 18 . (23) OJ No L 52, 27. 2. 1992, p. 7.

31 . 12. 92 Official Journal of the European Communities No L 390/ 119

Whereas, pursuant to Article 101 ( 1 ) of Council Decision Whereas on importation into Portugal of products listed in Annex XXIV to the Act of Accession an additional 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European amount is added to the levy ; whereas these amounts were Economic Community ('), no levies shall apply on set by Commission Regulation (EEC) No 3808/90 (2) ; imports of products originating in the overseas countries Whereas it follows from applying all the provisions of the and territories ; whereas, pursuant to Article 101 (4) of the abovementioned Regulations that the levies should be as abovementioned Decision, a special amount shall be set out in the Annex thereto ; whereas these levies are charged on imports of certain products originating in the altered only where variations in the components used to overseas countries and territories in order to prevent calculate them have the effect of increasing or reducing products originating from these countries and territories them by ECU 0,73 or more, 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, in accordance with Article 18(1 ) of Regulation (EEC) No 2727/75, the nomenclature provided for in this Article 1 Regulation is incorporated in the combined nomencla­ ture ; The import levies to be charged on the products listed in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75 Whereas, in order to make it possibile for the levy arran­ shall be as set out in the Annex hereto . gements to function normally, the representative market rate established during the reference period from 30 Article 2 December 1992, as regards floating currencies, should be used to calculate the levies ; This Regulation shall enter into force on 1 January 1993 .

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

Done at Brussels, 30 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 263 , 19 . 9. 1991 , p. 1 . O OJ No L 367, 29 . 12. 1990, p. 1 .

No L 390/ 120 31 . 12. 92 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 December 1992 fixing the import levies on cereals and on wheat or rye flour, groats and meal

(ECU/tonne) CN code Third countries (')

0709 90 60 133,20 (2)(3) 0712 90 19 ' 1 33,20 (2)(3) 1001 10 00 1 72,54 OOH 1001 90 91 144,86 1001 90 99 1 44,86 (") 1002 00 00 1 56,99 (6) 1003 00 10 124,24 1003 00 20 124,24 1003 00 80 1 24,24 (") 1004 00 00 113,52 1005 10 90 1 33,20 (2)(3) 1005 90 00 1 33,20 (2)(3) 1007 00 90 1 34,67 (4) 1008 10 00 47,20 (") 1008 20 00 68,68 (4) 1008 30 00 37,49 (5) 1008 90 10 0 1008 90 90 37,49 1101 00 00 215,56 (8)(") 1102 1000 232,55 (8) 1103 11 30 280,90 (8) (,0) 1103 11 50 280,90 (8)(10) 1103 11 90 231,82 (8)

(') Where durum wheat originating in Morocco is transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into the French overseas departments, originating in the African, Caribbean and Pacific States, (') Where maize originating in the ACP is imported into the Community the levy is reduced by ECU 1,81 /tonne. (4) Where millet and sorghum originating in the ACP is imported into the Community the levy is applied in accor­ dance with Regulation (EEC) No 715/90 . (■') Where durum wheat and canary seed produced in Turkey are transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (6) The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­ nity is laid down in Council Regulation (EEC) No 1180/77 and Commission Regulation (EEC) No 2622/71 . f) The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triti­ cale). (") On importation into Portugal the levy is increased by the amount specified in Article 2 (2) of Regulation (EEC) No 3808 /90 . (9) No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC, except if paragraph 4 of the same Article applies . ( 10) An amount equal to the amount fixed by Regulation ( EEC) No 1825/91 is to be levied in accordance with Article 101 (4) of Decision 91 /482/ EEC . (") Products falling within this code, imported from Poland, Czechoslovakia or Hungary under the Interim Agree­ ments concluded between those countries and the Community, and in respect of which EUR.l certificates issued in accordance with Regulation (EEC) No 585/92 have been presented, are subject to the levies set out in the Annex to that Regulation .