31994R1573

1 . 7. 94 Official Journal of the European Communities No L 166/99

COMMISSION REGULATION (EC) No 1573/94 of 30 June 1994 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 P) ;

Having regard to the Treaty establishing the European Community,

Whereas this price must be based on the most favourable purchasing opportunities on the world market established Having regard to Council Regulation (EEC) No 1785/81 for each product on the basis of quotations or prices on of 30 June 1981 on the common organization of the that market adjusted for any deviation from the standard market in sugar ('), as last amended by Regulation (EC) quality for which the threshold price is fixed ; whereas the No 133/94 (2), and in particular Article 16 (8) thereof, standard quality for raw sugar was defined by Regulation (EEC) No 431 /68 and that for white sugar by Regulation (EEC) No 793/72 (8);

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, when the most favourable purchasing opportu­ common agricultural policy (3), as amended by Regulation nities on the world market are being established, the (EC) No 3528/93 (4), and in particular Article 5 thereof, 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 Article 16 ( 1 ) of Regulation (EEC) No 1785/81 recorded on important third-country markets, and on sales concluded in international trade of which it has provides for charging a levy on imports of the products listed in Article 1 (1 ) of that Regulation ; knowledge either directly or through the agency of the Member States ;

Whereas the Council has not to date adopted the prices for the 1994/95 marketing year, which commences on 1 Whereas, however, pursuant to Regulation (EEC) No July 1994 ; whereas the price factors determined by 784/68 of the Commission of 26 June 1968 laying down Commission Regulation (EC) No 151 8/94 (^ should detailed rules for calculating cif prices for white sugar and accordingly be taken into account for the calculation of raw sugar 0, the Commission must disregard information the levies in order to ensure that the import arrangements if the goods concerned are not of sound and fair marke­ continue to operate in the sector concerned ; table quality or if the price quoted in an offer relates to small quantities and is not representative of the market ; whereas offer prices which can be assumed not to be representative of the actual market trends must also be Whereas, pursuant to Article 101 (1 ) of Council Decision disregarded ; 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (% no levies shall apply on imports of products originating in the overseas countries and territories ; Whereas any offer or prices taken into consideration which are not for goods delivered in bulk cif Rotterdam must be adjusted ; whereas when this adjustment is being made account must be taken of the difference in the cost Whereas the cif price for raw sugar and white sugar is of transporting the goods between the port of loading and calculated by the Commission for a Community frontier the port of destination and between the port of loading crossing point which was fixed at Rotterdam by Regula­ and Rotterdam ; whereas, if the price or the offer relates tion (EEC) No 431 /68 of the Council of 9 April 1968 to goods in bags, it must be reduced by ECU 0,73 per 100 kilograms under the terms of Article 4 of Regulation (') OJ No L 177, 1 . 7. 1981 , p. 4. (EEC) No 784/68 ; (2) OJ No L 22, 27. 1 . 1994, p. 7. (3) OJ No L 387, 31 . 12. 1992, p. 1 . (4) OJ No L 320, 22. 11 . 1993, p. 32. 0 OJ No L 89, 10. 4. 1968, p. 3. (0 OJ No L 162, 30. 6. 1994, p. 43 . (8) 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.

No L 166/ 100 Official Journal of the European Communities 1 . 7 . 94

Whereas, if information on sugar of the standard quality Whereas, in accordance with Article 21 (1 ) of Regulation is to be comparable, the price increases or reductions (EEC) No 1785/81 , the nomenclature provided for in this fixed pursuant to Article 15 of Regulation (EEC) No Regulation is incorporated in the Common Customs 1785/81 must be added to or deducted from the offers Tariff ; taken into consideration in the case of white sugar ; Whereas, in order to make it possible for the levy arrange­ whereas, in the case of raw sugar, the corrective factors ments to function normally, the representative market provided for in Article 5 of Regulation (EEC) No 784/68 rate established during the reference period from 29 June must be applied ; 1994, as regards floating currencies, should be used to calculate the levies ; Whereas, pursuant to Article 7 of Regulation (EEC) No 784/68, a special cif price may be established for sugar Whereas it follows from applying these provisions that which has been specially treated or specially packed if the the levies for white sugar and raw sugar should be as set offer price for such sugar is lower than the cif price out in the Annex hereto, established pursuant to the provisions referred to above ;

Whereas a cif price may, by way of exception, be left HAS ADOPTED THIS REGULATION : unchanged for a limited period if the offer price which served as a basis for the previous calculation of the cif Article 1 price is not available to the Commission and if the offer prices which are available and which appear not to be The import levies referred to in Article 16 ( 1 ) of Regula­ sufficiently representative of actual market trends would tion (EEC) No 1785/81 shall be, in respect of white sugar entail sudden and considerable changes in the cif price ; and standard quality raw sugar, as set out in the Annex hereto . Whereas the levy is altered only if the variation in the elements used to calculate it would entail an increase or a Article 2 reduction of not less than ECU 0,24 per 100 kilograms in relation to the levy previously fixed ; This Regulation shall enter into force on 1 July 1994.

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

Done at Brussels, 30 June 1994.

For the Commission Rene STEICHEN Member of the Commission

1 . 7. 94 Official Journal of the European Communities No L 166/ 101

ANNEX

to the Commission Regulation of 30 June 1994 fixing the import levies on white sugar and raw sugar

(ECU/100 kg)

CN code Levy (3)

1701 11 10 34,21 (') 1701 11 90 34,21 0 1701 12 10 34,21 (') 1701 12 90 34,21 (0 1701 91 00 40,66 1701 99 10 40,66 1701 99 90 40,66 (2)

(') The levy applicable is calculated in accordance with the provisions of Article 2 or 3 of Commission Regulation (EEC) No 837/68 (OJ No L 151 , 30. 6. 1968, p. 42), as last amended by Regulation (EEC) No 1428/78 (OJ No L 171 , 28 . 6. 1978, p. 34). (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.