31991R2863

1 . 10. 91 Official Journal of the European Communities No L 274/ 1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EEC) No 2863/91 of 30 September 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Treaty establishing the European during the first 25 days of the month in question for Economic Community, quantities that can be delivered during the following calendar month are to be used ; whereas the average world Having regard to the Act of Accession of Spain and market price thus determined is used to fix the aid rate Portugal, applicable on the following month ;

Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the Whereas the necessary adjustments must be made in the market in dried fodder ('), as last amended by Regulation case of offers and quotations not of the type referred to (EEC) No 2275/89 (2), and in particular Article 5 (3) above ; whereas these adjustments were defined in Article thereof, 3 of Commission Regulation (EEC) No 1528/78 of 30 June 1978 laying down detailed rules for the application of the system of aid for dried fodder (6), as last amended Having regard to the opinion of the Monetary Committee, by Regulation (EEC) No 1757/90 f);

Whereas, under Article 5 (1 ) of Regulation (EEC) No 1 1 1 7/78, when the guide price is higher than the average Whereas, in accordance with Article 3 of Regulation world market price, aid is granted for dried fodder as (EEC) No 1417/78, when no offer or quotation can be described under Article 1 (b) and (c) of that Regulation used to determine the average world market price, that and obtained from fodder plants harvested in the price is determined on the basis of the sum of the value Community ; whereas that aid takes account of a of competing products ; whereas those products are percentage of the difference between these two prices ; defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;

Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 1627/91 (3) for the Whereas, pursuant to Article 11 of Regulation (EEC) No 1991 /92 marketing year ; 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 the average world market price is determined for of forward prices ; a bulk pelleted product, delivered to Rotterdam, of the standard quality for which the guide price has been fixed ;

Whereas, where the average world market price is deter­ Whereas, under Council Regulation (EEC) No 1417/78 of mined in accordance with Article 3 of Regulation (EEC) 19 June 1978 on the aid system for dried fodder (4), as last No 1417/78, the corrective amount must be equal to the amended by Regulation (EEC) No 11 10/89 (*), the average difference between the average world market price and world market price for the products described in the first the average forward world market price determined by and third indents of Article 1 (b) of Regulation (EEC) No applying the criteria laid down in Article 3 (3) of Regula­ 1117/78 is to be determined on the basis of the most 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 . adjusted by the percentage fixed under Article 5 (2) of (J) OJ No L 218 , 28 . 7. 1989, p. 1 . 0 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 . ¥) OJ No L 118, 29. 4. 1989, p. 1 . 0 OJ No L 162, 28 . 6. 1990, p. 21 .

No L 274/2 Official Journal of the European Communities 1 . 10 . 91

Regulation (EEC) No 1 1 1 7/78 ; whereas where the average two Member States is to be adjusted by an amount equal forward world market price for one or more months to the amount of customs duties on imports of these cannot be determined by applying the criteria laid down products from third countries ; whereas, in addition, in in Article 3(3) of Regulation (EEC) No 1528/78, the Spain the amount is to be adjusted by the difference, corrective amount must be fixed for the month or months multiplied by the percentage referred to in Article 5 (2) of in question at a level such that the aid is equal to zero ; Regulation (EEC) No 1117/78 , between the guide price applied in Spain and the common guide price ; Whereas, if the aid system is to operate normally, refunds should be calculated on the following basis ; Whereas, as the result of the applications of all these — in the case of currencies which are maintained in rela­ provisions to the offers and quotations which the tion to each other at any given moment within a band Commission has recorded, the rate of the additional aid of 2,25 % , a conversion rate based on their central for dried fodder must be fixed as indicated in the table rate, multiplied by the corrective factor provided for in annexed to this Regulation, the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 2205/90 (2), HAS ADOPTED THIS REGULATION : — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Article 1 Journal of the European Communities, C series, over a period to be determined, multiplied by the coeffi­ The rate of the aid referred to in Article 5 (3) of Regula­ cient referred to in the preceding indent ; tion (EEC) No 1117/78 is fixed in the Annex to this Whereas the rate of the additional aid must be fixed once Regulation. 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 October 1991 .

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

Done at Brussels, 30 September 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.

1 . 10 . 91 No L 274/3 Official Journal of the European Communities

ANNEX

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

Aid applicable from 1st October 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 (') 76,508 75,876 76,508 42,936 43,568

Aid in case of advance fixing for the month of :

(ECU/tonne)

November 1991 76,186 75,552 76,186 42,612 43,246 December 1991 76,033 75,398 76,033 42,458 43,093 January 1992 72,024 71,359 72,024 38,419 39,084 February 1992 71,321 70,650 71,321 37,710 38,381 March 1992 71,321 70,650 71,321 37,710 38,381