31992R0802

No L 86/42 Official Journal of the European Communities 1 . 4 . 92

COMMISSION REGULATION (EEC) No 802/92 of 31 March 1992 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Having regard to the Treaty establishing the European which cannot be considered representative of the real Economic Community, market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for Having regard to the Act of Accession of Spain and quantities that can be delivered during the following Portugal, calendar month are to be used ; whereas the average world market price thus determined is used to fix the aid rate applicable on the following month ; Having regard to Council Regulation (EEC) No 1117/78 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) Whereas the necessary adjustments must be made in the thereof, case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article Whereas, under Article 5 (1 ) of Regulation (EEC) No 3 of Commission Regulation (EEC) No 1528/78 of 30 111 7/78, when the guide price is higher than the average June 1978 laying down detailed rules for the application world market price, aid is granted for dried fodder as of the system of aid for dried fodder ^, as last amended described under Article 1 (b) and (c) of that Regulation by Regulation (EEC) No 1757/90 Q ; 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 1627/91 (3) for the price is determined on the basis of the sum of the value 1 991 /92 marketing year ; of competing products ; whereas those products are defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; Whereas Regulation (EEC) No 1627/91 sets the percen­ tage referred to in Article 5 of Regulation (EEC) No 1117/78 for the 1992/93 marketing year at 80 % ; Whereas, pursuant to Article 1 1 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in Whereas, owing to the lack of a guide price for dried the month when the application is lodged, the aid rate is fodder valid for the 1992/93 marketing year, the rate of adjusted by a correcting amount calculated from the trend aid in advance for this marketing year has only been able of forward prices ; to be calculated provisionally on the basis of the Commis­ sion's price proposals to the Council and connected measures for the marketing year 1992/93 ; whereas this amount should, therefore, only be applied provisionally Whereas, where the average world market price is deter­ and should be confirmed or replaced once the prices for mined in accordance with Article 3 of Regulation (EEC) the 1992/93 marketing year are known ; No 1417/78, the corrective amount must be equal to the difference between the average world market price and Whereas the average world market price is determined for the average forward world market price determined by a bulk pelleted product, delivered to Rotterdam, of the applying the criteria laid down in Article 3 (3) of Regula­ standard quality for which the guide price has been fixed ; tion (EEC) No 1528/78 and valid for delivery during a month other than that in which the aid is introduced, adjusted by the percentage fixed under Article 5 (2) of Whereas, under Council Regulation (EEC) No 1417/78 of Regulation (EEC) No 1 1 17/78 ; whereas where the average 19 June 1978 on the aid system for dried fodder (4), as last forward world market price for one or more months amended by Regulation (EEC) No 1110/89 (*), the average cannot be determined by applying the criteria laid down world market price for the products described in the first in Article 3(3) of Regulation (EEC) No 1528/78, 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 ; (2) OJ No L 218 , 28 . 7. 1989, p. 1 . O OJ No L 150, 15. 6. 1991 , p. 15. ft OJ No L 171 , 28. 6. 1978, p. 1 . (6) OJ No L 179, 1 . 7. 1978, p. 10. 0 OJ No L 118 , 29 . 4. 1989, p. 1 . 0 OJ No L 162, 28 . 6. 1990, p. 21 .

1 . 4. 92 Official Journal of the European Communities No L 86/43

Whereas, if the aid system is to operate normally, refunds Whereas, as the result of the applications of all these should be calculated on the following basis ; provisions to the offers and quotations which the — in the case of currencies which are maintained in rela­ Commission has recorded, the rate of the additional aid for dried fodder must be fixed as indicated in the table tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central annexed to this Regulation, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 ('), as last amended by Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 2205/90 (2), — 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 cient referred to in the preceding indent ; 1 . The rate of the aid referred to in Article 5 (3) of Regulation (EEC) No 1117/78 is fixed in the Annex to Whereas the rate of the additional aid must be fixed once 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 ; 2. However, the rate of aid fixed in advance for the Whereas, pursuant to Articles 120 (2) and 306 (2) of the 1992/93 marketing year shall be confirmed or replaced Act of Accession, the additional aid applicable in these with effect from 1 April 1992 to take account of the guide price and connected measures for the 1992/93 marketing two Member States is to be adjusted by an amount equal to the amount of customs duties on imports of these year. products from third countries ; whereas, in addition, in Spain the amount is to be adjusted by the difference, Article 2 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 ; This Regulation shall enter into force on 1 April 1992.

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

Done at Brussels, 31 March 1992.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 86/44 Official Journal of the European Communities 1 . 4. 92

ANNEX

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

Aid applicable from 1 April 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 73,805 73,479 73,805 40,539 40,865

Aid in case of advance fixing for the month of :

(ECU/tonne)

May 19920 66,835 66,550 66,835 33,610 33,895 June 1992 (') 66,858 66,572 66,858 33,632 33,918 July 1 992 (2) 0,000 0,000 0,000 0,000 0,000 August 1992 (2) 0,000 0,000 0,000 0,000 0,000 September 1992 (2) 0,000 0,000 0,000 0,000 0,000 October 1992 (2) 0,000 0,000 0,000 0,000 0,000 November 1992 (2) 0,000 0,000 0,000 0,000 0,000 December 1992 (2) 0,000 0,000 0,000 0,000 0,000 January 1993 (2) 0,000 0,000 0,000 0,000 0,000 February 1993 (2) 0,000 0,000 0,000 0,000 0,000 March 1993 (2) 0,000 0,000 0,000 0,000 0,000

(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures for the 1992/93 marketing year. (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.