31991R0498

No L 55/64 Official Journal of the European Communities 1 . 3 . 91

COMMISSION REGULATION (EEC) No 498/91 of 28 February 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, percentages referred to in Article 5 of Regulation (EEC) No 1 1 17/78 for the 1991 /92 marketing year are known ;

Having regard to the Treaty establishing the European Whereas the average world market price is determined for Economic Community, a bulk pelleted product, delivered to Rotterdam , of the standard quality for which the guide price has been fixed ; Having regard to the Act of Accession of Spain and Portugal, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (*), as last amended by Regulation (EEC) No 1110/89 (®), the average Having regard to Council Regulation (EEC) No 111 7/78 world market price for the products described in the first of 22 May 1978 on the common organization of the and third indents of Article 1 (b) of Regulation (EEC) No 1117/78 is to be determined on the basis of the most market in dried fodder ('), as last amended by Regulation (EEC) No 2275/89 (2), and in particular Article 5 (3) favourable actual purchase possibilities excepting those thereof, which cannot be considered representative of the real market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for Having regard to the opinion of the Monetary Committee, quantities that can be delivered during the following calendar month are to be used ; whereas the average world market price thus determined is used to fix the aid rate Whereas, under Article 5 ( 1 ) of Regulation (EEC) No applicable on the following month ; 1117/78, when the guide price is higher than the average world market price, aid is granted for dried fodder as Whereas the necessary adjustments must be made in the described under Article 1 (b) and (c) of that Regulation case of offers and quotations not of the type referred to and obtained from fodder plants harvested in the above ; whereas these adjustments were defined in Article Community ; whereas that aid takes account of a 3 of Commission Regulation (EEC) No 1528/78 of 30 percentage of the difference between these two prices ; June 1978 laying down detailed rules for the application of the system of aid for dried fodder f), as last amended by Regulation (EEC) No 1757/90 (8) ; Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 1 192/90 (3) for the Whereas, in accordance with Article 3 of Regulation marketing year 1990/ 1991 ; (EEC) No 1417/78 , when no offer or quotation can be used to determine the average world market price, that price is determined on the basis of the sum of the value Whereas the prices fixed by the Council are to be reduced of competing products ; whereas those products are in accordance with Commission Regulation (EEC) No defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ; 1758/90 of 27 June 1990 establishing the guide price fixed in ecus by the Council in the dried fodder sector Whereas, pursuant to Article 11 of Regulation (EEC) No and reduced as a result of the monetary realignment of 5 January 1990 (4); 1417/78, when forward prices differ from that applying in the month when the application is lodged, the aid rate is adjusted by a correcting amount calculated from the trend Whereas, owing to the lack of a guide price for dired of forward prices ; fodder, of an intervention price for barley and of the percentages referred to in Article 5 of Regulation (EEC) Whereas, where the average world market price is deter­ No 1117/78 for the 1991 /92 marketing year the rate of mined in accordance with Article 3 of Regulation (EEC) aid in advance for this marketing year has only been able No 1417/78 , the corrective amount must be equal to the to be calculated provisionally on the basis of the Commis­ difference between the average world market price and sion'sprice proposals to the Council ; whereas this amount the average forward world market price determined by should, therefore, only be applied provisionally and applying the criteria laid down in Article 3 (3) of Regula­ should be confirmed or replaced once the target price for tion (EEC) No 1528/78 and valid for delivery during a dried fodder, the intervention price for barley and the month other than that in which the aid is introduced,

(') OJ No L 142, 30. 5. 1978, p. 1 . (5) OJ No L 171 , 28 . 6. 1978, p. 1 . (2) OJ No L 218 , 28 . 7. 1989 , p. 1 . (6) OJ No L 118 , 29 . 4. 1989, p. 1 . 0 OJ No L 119, 11 . 5. 1990, p. 42. 0 OJ No L 179, 1 . 7. 1978 , p. 10. (4) OJ No L 162, 28 . 6. 1990, p. 22. (8) OJ No L 162, 28 . 6. 1990, p. 21 .

1 . 3 . 91 Official Journal of the European Communities No L 55/65

adjusted by the percentage fixed under Article 5 (2) of products from third countries ; whereas, in addition, in Regulation (EEC) No 1 1 17/78 ; whereas where the average Spain the amount is to be adjusted by the difference, forward world market price for one or more months multiplied by the percentage referred to in Article 5 (2) of cannot be determined by applying the criteria laid down Regulation (EEC) No 1117/78, between the guide price in Article 3(3) of Regulation (EEC) No 1528 /78, the applied in Spain and the common guide price ; corrective amount must be fixed for the month or months Whereas, as the result of the applications of all these in question at a level such that the aid is equal to zero ; provisions to the offers and quotations which the Whereas, if the aid system is to operate normally, refunds Commission has recorded, the rate of the additional aid for dried fodder must be fixed as indicated in the table should be calculated on the following basis ; annexed to this Regulation, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central HAS ADOPTED THIS REGULATION : rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ Article 1 tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 2205/90 (2), 1 . The rate of the aid referred to in Article 5 (3) of — for the other currencies, an exchange rate based on an Regulation (EEC) No 1117/78 is fixed in the Annex to average of the ecu rates published in the Official this Regulation. Journal of the European Communities, C series, over 2. However, the rate of aid fixed in advance for the a period to be determined, multiplied by the coeffi­ 1991 /92 marketing year shall be confirmed or replaced cient referred to in the preceding indent ; with effect from 1 March 1991 to take account of the Whereas the rate of the additional aid must be fixed once guide price for dried fodder, the intervention price for per month so as to ensure application of the aid from the barley and the percentages referred to in Article 5 of first day of the month following the date of its fixing ; Regulation (EEC) No 1117/78 for the 1991 /92 marketing year. 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 March 1991 .

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

Done at Brussels, 28 February 1991 .

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 55/66 1 . 3 . 91 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 February 1991 fixing the rate of the aid for dried fodder

Aid applicable from 1 March 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 76,893 84,815 85,513 51,875 52,573

Aid in case of advance fixing for the month of :

(ECU/tonne)

April 1991 81,198 89,152 89,818 56,212 56,878 May 1991 (') 69,758 72,683 73,206 39,743 40,266 June 1991 (') 72,126 75,070 75,574 42,130 42,634 July 1991 (2) 0,000 0,000 0,000 0,000 0,000 August 1991 (2) 0,000 0,000 0,000 0,000 0,000 September 1991 (2) 0,000 0,000 0,000 0,000 0,000 October 1991 (2) 0,000 0,000 0,000 0,000 0,000 November 1991 (2) 0,000 0,000 0,000 0,000 0,000 December 1991 (2) 0,000 0,000 0,000 0,000 0,000 January 1992 (2) 0,000 0,000 0,000 0,000 0,000 February 1992 (2) 0,000 0,000 0,000 0,000 0,000 March 1992 (2) 0,000 0,000 0,000 0,000 0,000

(') Rate fixed provisionally, pending and subject to the setting of the prices and related measures for the 1991 /92 marketing year, on the basis in particular of the commission's proposals for the 1991 /92 marketing year as regards : (a) the guide price for dried fodder ; (b) the percentage referred to in Article 5 of Regulation (EEC) No 1117/78 . (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528 /78 .