31994R1946
30 . 7. 94 No L 198 /59 Official Journal of the European Communities
COMMISSION REGULATION (EC) No 1946/94 of 29 July 1994 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 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 (EC) (EEC) No 785/68 of the Commission of 26 June 1968 No 133/94 (2), and in particular Article 16 (8) thereof, determining the standard quality and laying down detailed rules for calculating the cif price for molasses (8) ;
Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the Whereas, when the most favourable purchasing opportu conversion rates to be applied for the purposes of the nities on the world market are being established, the common agricultural policy (3), as amended by Regulation Commission must take account of all available informa (EC) No 3528/93 (4), and in particular Article 5 thereof, tion on offers on the world market, on quotations on the exchanges which are important for world trade, on prices recorded on important third-country markets and on sales concluded in international trade of which it has know Whereas Article 16(1 ) of Regulation (EEC) No 1785/81 provides for charging a levy on imports of the products ledge, either directly or through the agency of the listed in Article 1 (1 ) (c) of that Regulation ; Member States ; whereas, under the terms of Article 7 of Regulation (EEC) No 785/68 , the Commission may for this purpose take an average of several prices as a basis, provided this average can be regarded as being representa Whereas, pursuant to Article 101 ( 1 ) of Council Decision tive of actual market trends : 91 /482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community 0 no levies shall apply on imports of products originating in the overseas countries and terri Whereas the Commission must disregard information if tories ; 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 offer prices which can be regarded as not representative of Whereas the threshold price for sugar was fixed by actual market trends must also be disregarded ; Council Regulation (EC) No 1874/94 of 27 July 1994 fixing, for the 1994/95 marketing year, the derived inter vention prices for white sugar, the intervention price for raw sugar, the minimum prices for A and B beet, the Whereas any prices or offer taken into consideration threshold prices, the amount of compensation for storage which are not for delivery cif Rotterdam must be adjusted, costs (*) ; account being taken in particular of the differences in the cost of transporting the goods between the port of loading 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 which was fixed at Rotterdam by Regulation (EEC) No 431 /68 of the Council of 9 April 1968 determining the Whereas, if information on molasses of the standard standard quality for raw sugar and fixing the Community quality is to be comparable, prices must, depending on the quality of the molasses offered, be increased or (■) OJ No L 177, 1 . 7. 1981 , p. 4. reduced in the light of the results obtained by applying (2) OJ No L 22, 27. 1 . 1994, p. 7. Article 6 of Regulation (EEC) No 785/68 ; 0 OJ No L 387, 31 . 12. 1992, p. 1 . (4) OJ No L 320, 22. 12. 1993 , p. 32 0 OJ No L 263, 19. 9. 1991 , p. 1 . O OJ No L 89, 10 . 4. 1968, p. 3. M OJ No L 197, 30. 7. 1994, p. 12. (8) OJ No L 145, 27. 6. 1968 , p . 12.
No L 198 /60 Official Journal of the European Communities 30 . 7 . 94
Whereas the cif price may, by way of exception, be left rate established during the reference period from 28 July unchanged for a limited period if the offer price which 1994, as regards floating currencies, should be used to served as a basis for the previous calculation of the cif calculate the levies, price is not available to the Commission and if the offer prices which are available and which appear not to be HAS ADOPTED THIS REGULATION : sufficiently representative of actual market trends would entail sudden and considerable changes in the cif price ; Article 1
Whereas the levy must be fixed each week ; whereas 1 . The import levy referred to in Article 16 ( 1 ) of Regu pursuant to Article 5 of Regulation (EEC) No 837/68 of lation (EEC) No 1785/81 is now ECU 0,00 per 100 kilo the Commission of 28 June 1968 on detailed rules for the grams in respect of molasses falling within CN codes application of levies on sugar ('), as last amended by Regu 1703 10 00 and 1703 90 00 . lation (EEC) No 1428/78 (2), the levy is altered only if the variation in the elements used to calculate it would entail 2. However, no import levy applies to OCT originating products according to Article 101 ( 1 ) of Decision an increase or a reduction of not less than ECU 0,06 per 91 /482/EEC. 1 00 kilograms in relation to the levy previously fixed ;
Article 2 Whereas, in order to make it possible for the levy arrange ments to function normally, the representative market This Regulation shall enter into force on 1 August 1994.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 1994.
For the Commission Rene STEICHEN Member of the Commission
(•) OJ No L 151 , 30. 6. 1968, p. 42. 0 OJ No L 171 , 28 . 6. 1978, p. 34.