31991R2312

No L 213/36 Official Journal of the European Communities 1 . 8 . 91

COMMISSION REGULATION (EEC) No 2312/91 of 31 July 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, market trend ; whereas offers and quotations recorded 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 Treaty establishing the European market price thus determined is used to fix the aid rate Economic Community, applicable on the following month ;

Having regard to the Act of Accession of Spain and Portugal, 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 Having regard to Council Regulation (EEC) No 1117/78 3 of Commission Regulation (EEC) No 1528/78 of 30 of 22 May 1978 on the common organization of the June 1978 laying down detailed rules for the application market in dried fodder ('), as last amended by Regulation of the system of aid for dried fodder (6), as last amended (EEC) No 2275/89 (2), and in particular Article 5 (3) by Regulation (EEC) No 1757/90 Q ; thereof,

Having regard to the opinion of the Monetary Committee, Whereas, in accordance with Article 3 of Regulation (EEC) No 1417/78, when no offer or quotation can be used to determine the average world market price, that Whereas, under Article 5 (1 ) of Regulation (EEC) No price is determined on the basis of the sum of the value 1117/78, when the guide price is higher than the average of competing products ; whereas those products are world market price, aid is granted for dried fodder as defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; described under Article 1 (b) and (c) of that Regulation 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, pursuant to Article 11 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in the month when the application is lodged, the aid rate is Whereas this percentage and the guide price were fixed adjusted by a correcting amount calculated from the trend by Council Regulation (EEC) No 1627/91 (3) for the of forward prices ; 1991 /92 marketing year ;

Whereas the average world market price is determined for a bulk pelleted product, delivered to Rotterdam, of the Whereas, where the average world market price is deter­ standard quality for which the guide price has been fixed ; mined in accordance with Article 3 of Regulation (EEC) No 1417/78, the corrective amount must be equal to the 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 amended by Regulation (EEC) No 111 0/89 (*), the average month other than that in which the aid is introduced, world market price for the products described in the first adjusted by the percentage fixed under Article 5 (2) of and third indents of Article 1 (b) of Regulation (EEC) No Regulation (EEC) No 1 1 17/78 ; whereas where the average 1117/78 is to be determined on the basis of the most forward world market price for one or more months favourable actual purchase possibilities excepting those cannot be determined by applying the criteria laid down which cannot be considered representative of the real in Article 3 (3) of Regulation (EEC) No 1 528/78, the corrective amount must be fixed for the month or months (') OJ No L 142, 30. 5. 1978, p. 1 . in question at a level such that the aid is equal to zero ; O OJ No L 218 , 28 . 7. 1989, p. 1 . (3) OJ No L 150, 15. 6. 1991 , p. 15. (4) OJ No L 171 , 28 . 6. 1978, p. 1 . (6) OJ No L 179, 1 . 7. 1978, p. 10. O OJ No L 118, 29. 4. 1989, p. 1 . O OJ No L 162, 28 . 6. 1990, p. 21 .

1 . 8 . 91 Official Journal of the European Communities No L 213/37

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 August 1991 .

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

Done at Brussels, 31 July 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . Ì2) OJ No L 201 , 31 . 7. 1990, p. 9.

No L 213/38 Official Journal of the European Communities 1 . 8 . 91

ANNEX

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

Aid applicable from 1st August 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 (') 78,395 77,778 78,395 44,838 45,455

Aid in case of advance fixing for the month of :

(ECU/tonne)

September 1991 77,765 77,143 77,765 44,203 44,825 October 1991 82,022 81,431 82,022 48,491 49,082 November 1991 81,456 80,862 81,456 47,922 48,516 December 1991 81,456 80,862 81,456 47,922 48,516 January 1992 75,679 75,041 75,679 42,101 42,739 February 1992 (') 0,000 0,000 0,000 0,000 0,000 March 1992 (') 0,000 0,000 0,000 0,000 0,000

(') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.