31991R0769

No L 81 / 56 28 . 3 . 91 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 769/91 of 27 March 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the average world market price is determined for a bulk pelleted product, delivered to Rotterdam, of the standard quality for which the guide price has been fixed ; Having regard to the Treaty establishing the European Economic Community, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (5), as last Having regard to the Act of Accession of Spain and amended by Regulation (EEC) No 1110/89 (6), the average Portugal, world market price for the products described in the first and third indents of Article 1 (b) of Regulation (EEC) No 1117/78 is to be determined on the basis of the most Having regard to Council Regulation (EEC) No 1117/78 favourable actual purchase possibilities excepting those of 22 May 1978 on the common organization of the which cannot be considered representative of the real market in dried fodder ('), as last amended by Regulation market trend ; whereas offers and quotations recorded (EEC) No 2275/89 (2), and in particular Article 5 (3) during the first 25 days of the month in question for thereof, 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 Having regard to the opinion of the Monetary Committee, applicable on the following month ;

Whereas, under Article 5 ( 1 ) of Regulation (EEC) No Whereas the necessary adjustments must be made in the 1117/78, when the guide price is higher than the average case of offers and quotations not of the type referred to world market price, aid is granted for dried fodder as above ; whereas these adjustments were defined in Article described under Article 1 (b) and (c) of that Regulation 3 of Commission Regulation (EEC) No 1528/78 of 30 and obtained from fodder plants harvested in the June 1978 laying down detailed rules for the application Community ; whereas that aid takes account of a of the system of aid for dried fodder Q, as last amended percentage of the difference between these two prices ; by Regulation (EEC) No 1757/90 (8);

Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 1 1 92/90 (3) for the Whereas, in accordance with Article 3 of Regulation (EEC) No 1417/78, when no offer or quotation can be marketing year 1990/1991 ; 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 1528 /78 ; 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 Whereas, pursuant to Article 1 1 of Regulation (EEC) No 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 dried of forward prices ; fodder and of the percentages referred to in Article 5 of Regulation (EEC) No 1117/78 for the 1991 /92 marketing year the rate of aid in advance for this marketing year has Whereas, where the average world market price is deter­ only been able to be calculated provisionally on the basis mined in accordance with Article 3 of Regulation (EEC) of the Commission'sprice proposals to the Council ; No 1417/78 , the corrective amount must be equal to the whereas this amount should, therefore, only be applied difference between the average world market price and provisionally and should be confirmed or replaced once the average forward world market price determined by the target price for dried fodder and the percentages applying the criteria laid down in Article 3 (3) of Regula­ referred to in Article 5 of Regulation (EEC) No 1117/78 tion (EEC) No 1528/78 and valid for delivery during a for the 1991 /92 marketing year are known ; month other than that in which the aid is introduced,

(') OJ No L 142, 30. 5. 1978, p. 1 . 0 OJ No L 171 , 28 . 6. 1978 , p. 1 . 0 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 .

28 . 3 . 91 Official Journal of the European Communities No L 81 / 57

adjusted by the percentage fixed under Article 5 (2) of Spain the amount is to be adjusted by the difference, Regulation (EEC) No 1 1 17/78 ; whereas where the average multiplied by the percentage referred to in Article 5 (2) of forward world market price for one or more months Regulation (EEC) No 1117/78, between the guide price cannot be determined by applying the criteria laid down applied in Spain and the common guide price ; in Article 3(3) of Regulation (EEC) No 1528/78 , the 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 Commission has recorded, the rate of the additional aid Whereas, if the aid system is to operate normally, refunds 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), — for the other currencies, an exchange rate based on an 1 . The rate of the aid referred to in Article 5 (3) of average of the ecu rates published in the Official Regulation (EEC) No 1117/78 is fixed in the Annex to Journal of the European Communities, C series, over this Regulation. a period to be determined, multiplied by the coeffi­ 2. However, the rate of aid fixed in advance for the cient referred to in the preceding indent ; 1991 /92 marketing year shall be confirmed or replaced Whereas the rate of the additional aid must be fixed once with effect from 1 April 1991 to take account of the guide per month so as to ensure application of the aid from the price for dried fodder and the percentages referred to in first day of the month following the date of its fixing ; Article 5 of 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 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 April 1991 .

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

Done at Brussels, 27 March 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 81 / 58 28 . 3 . 91 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 27 March 1991 fixing the rate of the aid for dried fodder

Aid applicable from 1 April 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 66,975 74,822 75,595 41,882 42,655

Aid in case of advance fixing for the month of :

(ECU/tonne)

May 1991 (') 59,070 61,916 62,518 28,976 29,578 June 1991 (') 59,070 61,916 62,518 28,976 29,578 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 1 1 1 7/78. (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78 .