31991R0245

1 . 2. 91 No L 27/51 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 245/91 of 31 January 1991 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) 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 111 7/78, 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 1 528/78 ;

Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 1192/90 (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 Whereas the prices fixed by the Council are to be reduced the month when the application is lodged, the aid rate is adjusted by a correcting amount calculated from the trend in accordance with Commission Regulation (EEC) No 1758/90 of 27 June 1990 establishing the guide price of forward prices ; 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 (6), the average Regulation (EEC) No 1117/78 ; 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 1 528/78, the (') OJ No L 142, 30. 5. 1978, p. 1 . corrective amount must be fixed for the month or months (2) 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. 0 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. («) OJ No L 118, 29 . 4. 1989, p. 1 . (■) OJ No L 162, 28 . 6. 1990, p. 21 .

No L 27/52 Official Journal of the European Communities 1 . 2. 91

Whereas, if the aid system is to operate normally, refunds Spain the amount is to be adjusted by the difference, should be calculated on the following basis ; multiplied by the percentage referred to in Article 5 (2) of — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1117/78 , between the guide price applied in Spain and the common guide price ; tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central Whereas, as the result of the applications of all these rate, multiplied by the corrective factor provided for in provisions to the offers and quotations which the the last paragraph of Article 3 (1 ) of Council Regula­ Commission has recorded, the rate of the additional aid tion (EEC) No 1676/85 ('), as last amended by Regula­ for dried fodder must be fixed as indicated in the table tion (EEC) No 2205/90 (2), annexed to this Regulation, — for the other currencies, an exchange rate based on an 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 two Member States is to be adjusted by an amount equal Article 2 to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in This Regulation shall enter into force on 1 February 1991 .

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

Done at Brussels, 31 January 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

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

1 . 2 . 91 Official Journal of the European Communities No L 27/53

ANNEX

to the Commission Regulation of 31 January 1991 fixing the rate of the aid for dried fodder

Aid applicable from 1 February 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 82,678 90,643 91,298 57,703 58,358

Aid in case of advance fixing for the month of :

(ECU/tonne)

March 1991 83,213 91,182 91,833 58,242 58,893 April 1991 84,795 92,776 93,415 59,836 60,475 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 .