31990R3469

No L 336/42 Official Journal of the European Communities 1 . 12 . 90

COMMISSION REGULATION (EEC) No 3469/90 of 30 November 1990 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1117/78 is to be determined on the basis of the most favourable actual purchase possibilities excepting those which cannot be considered representative of the real Having regard to the Treaty establishing the European market trend ; whereas offers and quotations recorded Economic Community, during the first 25 days of the month in question for quantities that can be delivered during the following calendar month are to be used ; whereas the average world Having regard to the Act of Accession of Spain and market price thus determined is used to fix the aid rate Portugal, applicable on the following month ;

Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the Whereas the necessary adjustments must be made in the market in dried fodder (l), as last amended by Regulation case of offers and quotations not of the type referred to (EEC) No 2275/89 (2), and in particular Article 5 (3) thereof, above ; whereas these adjustments were defined in Article 3 of Commission Regulation (EEC) No 1528 /78 of 30 June 1978 laying down detailed rules for the application Having regard to the opinion of the Monetary Committee, of the system of aid for dried fodder Q, as last amended by Regulation (EEC) No 1757/90 (8) ;

Whereas, under Article 5 (1 ) of Regulation (EEC) No 1117/78, when the guide price is higher than the average world market price, aid is granted for dried fodder as Whereas, in accordance with Article 3 of Regulation described under Article 1 (b) and (c) of that Regulation (EEC) No 1417/78, when no offer or quotation can be and obtained from fodder plants harvested in the used to determine the average world market price, that Community ; whereas that aid takes account of a price is determined on the basis of the sum of the value percentage of the difference between these two prices ; of competing products ; whereas those products are defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;

Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 1 192/90 (3) for the marketing year 1990/ 1991 ; Whereas, pursuant to Article 11 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in the month when the application is lodged, the aid rate is Whereas the prices fixed by the Council are to be reduced adjusted by a correcting amount calculated from the trend in accordance with Commission Regulation (EEC) No of forward prices ; 1758/90 of 27 June 1990 establishing the guide price fixed in ecus by the Council in the dried fodder sector and reduced as a result of the monetary realignment of 5 January 1990 (4) ; Whereas, where the average world market price is deter­ mined in accordance with Article 3 of Regulation (EEC) Whereas the average world market price is determined for No 1417/78, the corrective amount must be equal to the a bulk pelleted product, delivered to Rotterdam, of the difference between the average world market price and standard quality for which the guide price has been fixed ; the average forward world market price determined by applying the criteria laid down in Article 3 (3) of Regula­ tion (EEC) No 1528/78 and valid for delivery during a Whereas, under Council Regulation (EEC) No 1417/78 of month other than that in which the aid is introduced, 19 June 1978 on the aid system for dried fodder ^, as last adjusted by the percentage fixed under Article 5 (2) of amended by Regulation (EEC) No 1 1 10/89 (6), the average Regulation (EEC) No 1 1 17/78 ; whereas where the average world market price for the products described in the first forward world market price for one or more months and third indents of Article 1 (b) of Regulation (EEC) No cannot be determined by applying the criteria laid down in Article 3(3) of Regulation (EEC) No 1528/78, the corrective amount must be fixed for the month or months (') OJ No L 142, 30 . 5. 1978 , p. 1 . O OJ No L 218 , 28 . 7. 1989, p. 1 . in question at a level such that the aid is equal to zero ; O OJ No L 119 , 11 . 5. 1990, p. 42. O OJ No L 162, 28 . 6. 1990, p. 22. (0 OJ No L 171 , 28 . 6. 1978 , p. 1 . 0 OJ No L 179, 1 . 7. 1978, p. 10. (4) OJ No L 118 , 29 . 4. 1989, p. 1 . (8 OJ No L 162, 28 . 6. 1990, p. 21 .

1 . 12. 90 Official Journal of the European Communities No L 336/43

Whereas, if the aid system is to operate normally, refunds two Member States is to be adjusted by an amount equal should be calculated on the following basis ; to the amount of customs duties on imports of these — in the case of currencies which are maintained in rela­ products from third countries ; whereas, in addition, in Spain the amount is to be adjusted by the difference, tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, between the guide price rate, multiplied by the corrective factor provided for in applied in Spain and the common guide price ; the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 ('), as last amended by Regula­ Whereas, as the result of the applications of all these tion (EEC) No 2205/90 (2), provisions to the offers and quotations which the Commission has recorded, the rate of the additional aid — for the other currencies, an exchange rate based on an for dried fodder must be fixed as indicated in the table average of the ecu rates published in the Official annexed to this Regulation, Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; HAS ADOPTED THIS REGULATION :

Whereas the rate of the additional aid must be fixed once per month so as to ensure application of the aid from the Article 1 first day of the month following the date of its fixing ; The rate of the aid referred to in Article 5 (3) of Regula­ Whereas, pursuant to Article 120 (1 ) of the 1985 Act of tion (EEC) No 1117/78 is fixed in the Annex to this Accession, the Spanish price must be aligned with the Regulation. common price in accordance with the method laid down in Article 70 of that Act ; Article 2

Whereas, pursuant to Articles 120 (2) and 306 (2) of the This Regulation shall enter into force on 1 December Act of Accession, the additional aid applicable in these 1990 .

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

Done at Brussels, 30 November 1990.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 336/44 Official Journal of the European Communities 1 . 12. 90

ANNEX

to the Commission Regulation of 30 November 1990 fixing the rate of the aid for dried fodder

Aid applicable from 1 November 1990 to dried fodder :

(ECU/tonne)

Fodder dehydrated by artificial heat drying Fodder otherwise dried Protein concentrates

Other Other Spain Portugal Member Portugal Member States States

Aid 103,152 111,020 111,772 78,080 78,832

Aid in case of advance fixing for the month of :

(ECU/tonne)

January 1991 100,217 108,052 108,837 75,112 75,897 February 1991 100,004 107,837 108,624 74,897 75,684 March 1991 100,004 107,837 108,624 74,897 75,684 April 1991 97,599 105,405 106,219 72,465 73,279 May 1991 (>) 0,000 0,000 0,000 0,000 0,000 June 1991 (>) 0,000 0,000 0,000 0,000 0,000 July 1991 (') 0,000 0,000 0,000 0,000 0,000 August 1991 (') 0,000 0,000 0,000 0,000 0,000 September 1991 (') 0,000 0,000 0,000 0,000 0,000 October 1991 (') 0,000 0,000 0,000 0,000 0,000

(') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.