31992R0239

1 . 2. 92 Official Journal of the European Communities No L 24/ 61

COMMISSION REGULATION (EEC) No 239/92 of 31 January 1992 fixing the rate of the aid for dried fodder

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

Having regard to the Act of Accession of Spain and Portugal, Whereas, in accordance with Article 3 of Regulation Having regard to Council Regulation (EEC) No 1117/78 (EEC) No 1417/78, when no offer or quotation can be of 22 May 1978 on the common organization of the used to determine the average world market price, that 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 1117/78, 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 1117/78 ; 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 1110/89 (% 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 n,

(') OJ No L 142, 30. 5. 1978, p. 1 . (2) OJ No L 218, 28 . 7. 1989, p. 1 . («) OJ No L 179, 1 . 7. 1978, p. 10 . (3) 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 . ft OJ No L 118 . 29 . 4. 1989, d. 1 . (s) OJ No L 201 , 31 . 7. 1990, p. 9 .

No L 24/62 Official Journal of the European Communities 1 . 2. 92

— for the other currencies, an exchange rate based on an Commission has recorded, the rate of the additional aid for dried fodder must be fixed as indicated in the table average of the ecu rates published in the Official 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 February 1992.

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

Done at Brussels, 31 January 1992.

For the Commission Ray MAC SHARRY Member of the Commission

1 . 2. 92 Official Journal of the European Communities No L 24/63

ANNEX

to the Commission Regulation of 31 January 1992 fixing the rate of the aid for dried fodder

Aid applicable from 1st February 1992 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 76,298 75,981 76,298 43,041 43,358

Aid in case of advance fixing for the month of :

(ECU/tonne) I

March 1992 76,285 75,968 76,285 43,028 43,345 April 1992 75,716 75,397 75,716 42,457 42,776 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 (') 0,000 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 (BEC) No 1528/78.