20. 1. 90 Official Journal of the European Communities No L 16/39 COMMISSION DECISION of 10 January 1990 altering the adjustment aid to the Portuguese refining industry for raw sugar imported from third countries at a reduced levy for the 1989/90 marketing year into Portugal (Only the Portuguese text is authentic) (90/32/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard-to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on the common organization of the markets in the sugar sector (*), as last amended by Regula- tion (EEC) No 1069/89 (%), and -in particular the seventh indent of Article 9 (6) thereof, Whereas Article 9 (4) (c) of Regulation (EEC) No 1785/81 provides that, during the 1988/89 to 1990/91 marketing years, adjustment aid is to be granted as an intervention measure to the refining industry for raw sugar imported into Portugal at a reduced levy pursuant to Article 303 of the Act of Accession of Spain and Portugal and refined into white sugar in Portugal ; whereas that aid amounts to ECU 0,08 per 100 kilograms of sugar expressed as white sugar for quantities of such sugar thus imported and refined in Portugal ; whereas the. quantities of raw sugar imported at a reduced levy are those refered to in the first paragraph of Article 303 of the Act of Accession as well as the quantities lacking referred to in the third paragraph of that Article, the import of which at a reduced levy is authorized for the marketing year under consideration ; Whereas the third subparagraph of Article 9 (4) (c) of. Regulation (EEC) No 1785/81 provides that the above- mentioned adjustment aid may be altered for a given marketing year, in the light in particular of the amount of. the storage levy fixed for that year; whereas although sugar -.imported into Portugal -at a reduced levy is not subject -to the storage -levy, in view of the quantities of such sugar refined that levy is a determining factor for the prices as a whole on the market for white sugar and there- fore for the margin of the Portuguese refineries; Whereas the amount of the storage levy for the~1989/90° marketing year was fixed by Commission Regulation (EEC) No 1701789 (®) at ECU 3,00 per 100 kilograms of white sugar; whereas that amount represents a reduction of ECU 0,50 per 100 kilograms of white sugar by compa- rison with that applicable for the 1988/89 marketing year; ’ Whereas, on the -basis of data available to the Commis- sion, it transpires that the reduction in that levy was actu- ally passed on from 1 July 1989, resulting in a correspon- ding. effect on the margins of the Portuguese refining industries, jeopardizing the balance sought through the granting of the aids in- question and therefore the objec- tives pursued ; whereas a corresponding alteration in the adjustment aid therefore appears necessary; whereas account should in addition be taken of the alteration in the aid in question that has already been made for the 1988/89 marketing year in order to neutralize the effect of successive storage levy reductions on the refining margin for the 1989/90 marketing year; ‘Whereas the Management Committee for Sugar has not delivered an - opinion within the time limit set by its chairman, HAS ADOPTED THIS DECISION : Article 1 The adjustment aid provided for in the second subpara- graph of Article 9 (4) (c) pf Regulation (EEC) No-1785/81 shall be increased to ECU 1,08 per 100 kilograms of sugar expressed as white sugar for the 1989/90 marketing yeat. Article 2 This Decision ‘is addressed to the Portuguese Republic. Done at Brussels, 10 _]anﬁary 1990. For .the Commission Ray MAC SHARRY Member of the Commission No L 177, 1. 7. 1981, p. 4. No L 114, 27. 4. 1989, p. 1. No L 166, 16. 6. 1989, p. 25.