31991R1098

1 . 5 . 91 Official Journal of the European Communities No L 110/31

COMMISSION REGULATION (EEC) No 1098/91 of 30 April 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (3), as last amended by Regulation (EEC) No 1110/89 (4), the average Having regard to the Treaty establishing the European world market price for the products described in the first Economic Community, and third indents of Article 1 (b) of Regulation (EEC) No 1117/78 is to be determined on the basis of the most favourable actual purchase possibilities excepting those Having regard to the Act of Accession of Spain and which cannot be considered representative of the real Portugal, market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for Having regard to Council Regulation (EEC) No 1117/78 quantities that can be delivered during the following of 22 May 1978 on the common organization of the calendar month are to be used ; whereas the average world market in dried fodder ('), as last amended by Regulation market price thus determined is used to fix the aid rate (EEC) No 2275/89 (2), and in particular Article 5 (3) applicable on the following month ; thereof,

Having regard to the opinion of the Monetary Committee, Whereas the necessary adjustments must be made in the case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article Whereas, under Article 5 ( 1 ) of Regulation (EEC) No 3 of Commission Regulation (EEC) No 1528 /78 of 30 1117/78, when the guide price is higher than the average June 1978 laying down detailed rules for the application world market price, aid is granted for dried fodder as of the system of aid for dried fodder (5), as last amended described under Article 1 (b) and (c) of that Regulation by Regulation (EEC) No 1757/90 (6) ; and obtained from fodder plants harvested in the Community ; whereas that aid takes account of a percentage of the difference between these two prices ;

Whereas, in accordance with Article 3 of Regulation Whereas the Council has not yet adopted the guide price (EEC) No 1417/78, when no offer or quotation can be for the 1991 /92 marketing year commencing 1 May used to determine the average world market price, that 1991 ; whereas the Commission, in virtue of the powers price is determined on the basis of the sum of the value conferred on it by the Treaty, must take the necessary of competing products ; whereas those products are measures to ensure that the common agricultural policy defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; continues to operate in the dried fodder sector and, in particular, that the abovementioned supplementary aid continues to be granted ; Whereas, pursuant to Article 1 1 of Regulation (EEC) No Whereas, owing to the lack of a guide price for dried 1417/78, when forward prices differ from that applying in fodder, an intervention price for barley and of the percen­ the month when the application is lodged, the aid rate is tages referred to in Article 5 of Regulation (EEC) No adjusted by a correcting amount calculated from the trend 111 7/78 for the 1991 /92 marketing year the rate of aid in of forward prices ; advance for this marketing year has only been able to be calculated provisionally to agree the Commission's price proposals to the Council ; whereas this amount should, therefore, only be applied provisionally and should be Whereas, where the average world market price is deter­ confirmed or replaced once the target price for dried mined in accordance with Article 3 of Regulation (EEC) fodder, the intervention price for barley and the percen­ No 1417/78, the corrective amount must be equal to the tages referred to in Article 5 of Regulation (EEC) No difference between the average world market price and 1117/78 for the 1991 /92 marketing year are known ; 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 the average world market price is determined for month other than that in which the aid is introduced, a bulk pelleted product, delivered to Rotterdam, of the standard quality for which the guide price has been fixed ; (') OJ No L 171 , 28 . 6. 1978 , p. 1 . 0 OJ No L 118 , 29 . 4. 1989, p. 1 . (■) OJ No L 142, 30, 5 . 1978 , p. 1 . 0 OJ No L 179 , 1 . 7. 1978, p. 10 . 2) OJ No L 218 , 28 . 7. 1989, p. 1 . (*) OJ No L 162, 28 . 6. 1990, p. 21 .

No L 110/32 Official Journal of the European Communities 1 . 5 . 91

adjusted by the percentage fixed under Article 5 (2) of Whereas, as the result of the applications of all these Regulation (EEC) No 1117/78 ; whereas where the average provisions to the offers and quotations which the forward world market price for one or more months Commission has recorded, the rate of the additional aid cannot be determined by applying the criteria laid down for dried fodder must be fixed as indicated in the table in Article 3(3) of Regulation (EEC) No 1528/78, the annexed to this Regulation, corrective amount must be fixed for the month or months in question at a level such that the aid is equal to zero ;

Whereas, if the aid system is to operate normally, refunds HAS ADOPTED THIS REGULATION should be calculated on the following basis ; — in the case of currencies which are maintained in rela­ Article 1 tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Council Regula­ 1 . The rate of the aid referred to in Article 5 (3) of tion (EEC) No 1676/85 ('), as last amended by Regula­ Regulation (EEC) No 1117/78 is fixed in the Annex to tion (EEC) No 2205/90 (2), this Regulation .

— for the other currencies, an exchange rate based on an 2. However, the rate of aid fixed in advance for the average of the ecu rates published in the Official 1991 /92 marketing year shall be confirmed or replaced Journal of the European Communities, C series, over with effect from 1 May 1991 to take account of the guide a period to be determined, multiplied by the coeffi­ price for dried fodder, the intervention price for barley cient referred to in the preceding indent ; and the percentages referred to in Article 5 of Regulation Whereas the rate of the additional aid must be fixed once (EEC) No 1117/78 for the 1991 /92 marketing year. per month so as to ensure application of the aid from the first day of the month following the date of its fixing ; Article 2 Whereas, pursuant to Articles 120 (2) and 306 (2) of the Act of Accession, the additional aid applicable in these This Regulation shall enter into force on 1 May 1991 . two Member States is to be adjusted by an amount equal to the amount of customs duties on imports of these It shall apply until 26 May 1991 . products from third countries ; whereas, in addition, in Spain the amount is to be adjusted by the difference, The provisions of this Regulation shall apply without multiplied by the percentage referred to in Article 5 (2) of prejudice to the decisions to be adopted by the Council in Regulation (EEC) No 1117/78, between the guide price accordance with Article 5 of Regulation (EEC) No applied in Spain and the common guide price ; 1117/78 .

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

Done at Brussels, 30 April 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.

1 . 5 . 91 Official Journal of the European Communities No L 110/33

ANNEX

to the Commission Regulation of 30 April 1991 fixing the rate of the aid for dried fodder

Aid applicable from 1 May 1991 to dried fodder :

(ECU/tonne) Fodder dehydrated by artificial heat drying Fodder otherwise dried Protein concentrates I

Other Other Spain Portugal Member Portugal Member States States

Aid 66,975 42,773 45,496 46,221 12,556 13,281

Aid in case of advance fixing for the month of :

(ECU/tonne)

June 1991 (') 43,301 46,028 46,749 13,088 13,809 July 1991 (') 62,023 64,891 65,471 31,951 32,531 August 1991 (') 62,193 65,061 65,641 32,121 32,701 September 1991 (') 61,568 64,432 65,016 31,492 32,076 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 1 992 (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 pride for dried fodder ; (b) the percentage referred to in Article 5 of Regulation (EEC) No 1117/78 ; (c) the intervention price for barley. (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528 / 78 .