31990R3869

No L 367/91 29 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3869/90 of 28 December 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 ('), 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) above ; whereas these adjustments were defined in Article thereof, 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 1 1 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 in accordance with Commission Regulation (EEC) No adjusted by a correcting amount calculated from the trend 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 1110/89 (*), the average Regulation (EEC) No 1 1 1 7/78 ; 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 1 OJ No L 142, 30. 5. 1978 , p. 1 . J) OJ No L 218, 28 . 7. 1989, p. 1 . in question at a level such that the aid is equal to zero ; 0 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 . M OJ No L 118, 29. 4. 1989, p. 1 . («) OJ No L 162, 28 . 6. 1990, p. 21 .

No L 367/92 Official Journal of the European Communities 29 . 12. 90

Whereas, if the aid system is to operate normally, refunds products from third countries ; whereas, in addition, in should be calculated on the following basis ; Spain the amount is to be adjusted by the difference, — in the case of currencies which are maintained in rela­ multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, between the guide price tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central applied in Spain and the common guide price ; rate, multiplied by the corrective factor provided for in Whereas, as the result of the applications of all these the last paragraph of Article 3 ( 1 ) of Council Regula­ provisions to the offers and quotations which the tion (EEC) No 1676/85 ('), as last amended by Regula­ Commission has recorded, the rate of the additional aid tion (EEC) No 2205/90 (2), for dried fodder must be fixed as indicated in the table — for the other currencies, an exchange rate based on an annexed to this Regulation, average of the ecu rates published in the Official Journal of the European Communities, C series, over HAS ADOPTED THIS REGULATION : a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; Article 1 Whereas the rate of the additional aid must be fixed once per month so as to ensure application of the aid from the The rate of the aid referred to in Article 5 (3) of Regula­ first day of the month following the date of its fixing ; tion (EEC) No 1117/78 is fixed in the Annex to this Regulation. Whereas, pursuant to Articles 120 (2) and 306 (2) of the Act of Accession, the additional aid applicable in these Article 2 two Member States is to be adjusted by an amount equal to the amount of customs duties on imports of these This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

(l) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9.

29 . 12. 90 Official Journal of the European Communities No L 367/93

ANNEX

to the Commission Regulation of 28 December 1990 fixing the rate of the aid for dried fodder

Aid applicable from 1 January 1991 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 99,685 107,778 108,305 74,838 75,365

Aid in case of advance fixing for the month of :

(ECU/tonne)

February 1991 99,120 107,208 107,740 74,268 74,800 March 1991 99,120 107,208 107,740 74,268 74,800 April 1991 96,682 104,752 105,302 71,812 72,362 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.