31991R3846

31 . 12. 91 Official Journal of the European Communities No L 362/35

COMMISSION REGULATION (EEC) No 3846/91 of 30 December 1991 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, above ; whereas these adjustments were defined in Article 3 of Commission Regulation (EEC) No 1528/78 of 30 June 1978 laying down detailed rules for the application Having regard to the Treaty establishing the European of the system of aid for dried fodder (6), as last amended Economic Community, by Regulation (EEC) No 1757/90 0 ;

Having regard to the Act of Accession of Spain and Portugal, Whereas, in accordance with Article 3 of Regulation (EEC) No 1417/78, when no offer or quotation can be Having regard to Council Regulation (EEC) No 1117/78 used to determine the average world market price, that of 22 May 1978 on the common organization of the market in dried fodder ('), as last amended by Regulation price is determined on the basis of the sum of the value (EEC) No 2275/89 (2), and in particular Article 5 (3) of competing products ; whereas those products are thereof, defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;

Having regard to the opinion of the Monetary Committee, Whereas, pursuant to Article 11 of Regulation (EEC) No Whereas, under Article 5 (1 ) of Regulation (EEC) No 1417/78, when forward prices differ from that applying in 1 1 1 7/78, when the guide price is higher than the average the month when the application is lodged, the aid rate is world market price, aid is granted for dried fodder as adjusted by a correcting amount calculated from the trend described under Article 1 (b) and (c) of that Regulation of forward prices ; 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, where the average world market price is deter­ mined in accordance with Article 3 of Regulation (EEC) Whereas this percentage and the guide price were fixed No 1417/78, the corrective amount must be equal to the by Council Regulation (EEC) No 1627/91 (3) for the difference between the average world market price and 1991 /92 marketing year ; the average forward world market price determined by applying the criteria laid down in Article 3 (3) of Regula­ Whereas the average world market price is determined for tion (EEC) No 1528/78 and valid for delivery during a a bulk pelleted product, delivered to Rotterdam, of the month other than that in which the aid is introduced, standard quality for which the guide price has been fixed ; adjusted by the percentage fixed under Article 5 (2) of Regulation (EEC) No 1 1 17/78 ; whereas where the average forward world market price for one or more months Whereas, under Council Regulation (EEC) No 1417/78 of cannot be determined by applying the criteria laid down 19 June 1978 on the aid system for dried fodder (4), as last in Article 3(3) of Regulation (EEC) No 1528/78, the amended by Regulation (EEC) No 111 0/89 (5), the average corrective amount must be fixed for the month or months world market price for the products described in the first in question at a level such that the aid is equal to zero ; 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 which cannot be considered representative of the real Whereas, if the aid system is to operate normally, refunds market trend ; whereas offers and quotations recorded should be calculated on the following basis ; 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 — in the case of currencies which are maintained in rela­ market price thus determined is used to fix the aid rate tion to each other at any given moment within a band applicable on the following month ; of 2,25 % , a conversion rate based on their central rate, multiplied by the corrective factor provided for in Whereas the necessary adjustments must be made in the the last paragraph of Article 3 ( 1 ) of Council Regula­ case of offers and quotations not of the type referred to tion (EEC) No 1676/85 (8), as last amended by Regula­ tion (EEC) No 2205/90 0,

(') OJ No L 142, 30. 5. 1978, p. 1 . O OJ No L 218, 28 . 7. 1989, p. 1 . (6) OJ No L 179, 1 . 7. 1978 , p. 10. O OJ No L 150, 15. 6. 1991 , p. 15. 0 OJ No L 162, 28 . 6. 1990, p. 21 . (4) OJ No L 171 , 28 . 6. 1978, p. 1 . (8) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 118, 29. 4. 1989, p . 1 . 0 OJ No L 201 , 31 . 7. 1990, p. 9.

No L 362/36 Official Journal of the European Communities 31 . 12. 91

— for the other currencies, an exchange rate based on an Commission has recorded, the rate of the additional aid average of the ecu rates published in the Official for dried fodder must be fixed as indicated in the table Journal of the European Communities, C series, over annexed to this Regulation, a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; Whereas the rate of the additional aid must be fixed once HAS ADOPTED THIS REGULATION : per month so as to ensure application of the aid from the first day of the month following the date of its fixing ;

Whereas, pursuant to Articles 120 (2) and 306 (2) of the Article 1 Act of Accession, the additional aid applicable in these two Member States is to be adjusted by an amount equal to the amount of customs duties on imports of these The rate of the aid referred to in Article 5 (3) of Regula­ products from third countries ; whereas, in addition, in tion (EEC) No 1117/78 is fixed in the Annex to this Spain the amount is to be adjusted by the difference, Regulation. multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, between the guide price applied in Spain and the common guide price ; Article 2

Whereas, as the result of the applications of all these provisions to the offers and quotations which the This Regulation shall enter into force on 1 January 1992.

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

Done at Brussels, 30 December 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

31 . 12. 91 Official Journal of the European Communities No L 362/37

ANNEX

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

Aid applicable from 1st January 1992 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 78,062 77,752 78,062 44,812 45,122

Aid in case of advance fixing for the month of :

(ECU/tonne)

February 1992 77,901 77,591 77,901 44,651 44,961 March 1992 77,774 77,463 77,774 44,523 44,834 April 1992 76,231 75,914 76,231 42,974 43,291 May 1992 (') 0,000 0,000 0,000 0,000 0,000 June 1992 (') 0,000 0,000 0,000 0,000 0,000 July 1992 0 0,000 0,000 0,000 0,000 0,000 August 1992 0 0,000 0,000 0,000 0,000 0,000 September 1992 (') 0,000 0,000 0,000 0,000 0,000 October 1992 (') 0,000 0,000 0,000 0,000 0,000

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