31991R1371

No L 130/48 Official Journal of the European Communities 25 . 5 . 91

COMMISSION REGULATION (EEC) No 1371 /91 of 24 May 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, amended by Regulation (EEC) No 1110/89 (5), the average world market price for the products described in the first and third indents of Article 1 (b) of Regulation (EEC) No Having regard to the Treaty establishing the European 1117/78 is to be determined on the basis of the most Economic Community, favourable actual purchase possibilities excepting those which cannot be considered representative of the real market trend ; whereas offers and quotations recorded Having regard to the Act of Accession of Spain and during the first 25 days of the month in question for Portugal, 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 Council Regulation (EEC) No 1117/78 applicable on the following month ; of 22 May 1978 on the common organization of the market in dried fodder ('), as last amended by Regulation (EEC) No 2275/89 (2), and in particular Article 5 (3) thereof, Whereas the necessary adjustments must be made in the Having regard to the opinion of the Monetary Committee, case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article 3 of Commission Regulation (EEC) No 1528/78 of 30 Whereas, under Article 5 (1 ) of Regulation (EEC) No June 1978 laying down detailed rules for the application 1117/78, when the guide price is higher than the average of the system of aid for dried fodder (6), as last amended world market price, aid is granted for dried fodder as by Regulation (EEC) No 1 757/90 Q ; described under Article 1 (b) and (c) of that Regulatipn 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 (EEC) No 1417/78, when no offer or quotation can be Whereas this percentage and the guide price were fixed used to determine the average world market price, that by Council Regulation (EEC) No 1357/91 of 24 May 1991 price is determined on the basis of the sum of the value fixing the guide price for dried fodder products for the of competing products ; whereas those products are period from 27 May to 1 6 June (3) ; defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;

Whereas, in the absence of the guide price for dried fodder and of the percentages referred to in Article 5 of Regulation (EEC) No 1117/78 and of the intervention Whereas, pursuant to Article 11 of Regulation (EEC) No price for barley for the 1991 /92 marketing year, the rate 1417/78 , when forward prices differ from that applying in of the aid was fixed in accordance with Commission the month when the application is lodged, the aid rate is proposals to the Council and should be confirmed or adjusted by a correcting amount calculated from the trend replaced once the guide price, related measures, the of forward prices ; percentages referred to in Article 5 of Regulation (EEC) No 1117/78 and the intervention price for barley for the 1991 /92 marketing year are known ;

Whereas, where the average world market price is deter­ Whereas the average world market price is determined for mined in accordance with Article 3 of Regulation (EEC) a bulk pelleted product, delivered to Rotterdam, of the No 1417/78 , the corrective amount must be equal to the standard quality for which the guide price has been fixed ; difference between the average world market price and the average forward world market price determined by Whereas, under Council Regulation (EEC) No 1417/78 of applying the criteria laid down in Article 3 (3) of Regula­ 19 June 1978 on the aid system for dried fodder (4), as last tion (EEC) No 1528 /78 and valid for delivery during a month other than that in which the aid is introduced,

(') OJ No L 142, 30 . 5. 1978 , p. 1 . (2) OJ No L 218, 28 . 7. 1989, p. 1 . 0 OJ No L 118, 29 . 4. 1989, p. 1 . (') See page 7 of this Official Journal. (6) OJ No L 179, 1 . 7. 1978, p . 10. (4) OJ No L 171 , 28 . 6. 1978 , p. 1 . 0 OJ No L 162, 28 . 6. 1990 , p. 21 .

25. 5 . 91 Official Journal of the European Communities No L 130/49

adjusted by the percentage fixed under Article 5 (2) of Spain the amount is to be adjusted by the difference, Regulation (EEC) No 1117/78 ; 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 cient referred to in the preceding indent ; 2. However, the rate of aid for the 1991 /92 marketing year shall be confirmed or replaced with effect from 27 Whereas the rate of the additional aid must be fixed once May 1991 to take account of the guide price for dried per month so as to ensure application of the aid from the fodder, the intervention price for barley and the percen­ first day of the month following the date of its fixing ; tages referred to in 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 27 May 1991 .

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

Done at Brussels, 24 May 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

o OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 130 /50 Official Journal of the European Communities 25 . 5 . 91

ANNEX

to the Commission Regulation of 24 May 1991 fixing the rate of the aid for dried fodder

Aid applicable from 27 May 1991 to dried fodder :

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

Other Other Spain Portugal Member Portugal Member States States

Aid (') 42,975 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 1 99 1 (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, as regards : (a) the guide price 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 .