31992R2538

No L 254/44 Official Journal of the European Communities 1 . 9 . 92

COMMISSION REGULATION (EEC) No 2538/92 of 31 August 1992 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 (% as last amended (EEC) No 2275/89 (2), and in particular Article 5 (3) by Regulation (EEC) No 1757/90 Q ; thereof,

Whereas, under Article 5 (1 ) of Regulation (EEC) No 1117/78, 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 the guide price was fixed by Council Regulation (EEC) No 1 379/92 (3) for the 1992/93 marketing year ; Whereas, pursuant to Article 11 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in Whereas Regulation (EEC) No 1627/91 sets the percen­ the month when the application is lodged, the aid rate is tage referred to in Article 5 of Regulation (EEC) No adjusted by a correcting amount calculated from the trend 1117/78 for the 1992/93 marketing year at 80% ; of forward prices ;

Whereas the average world market price is determined for 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 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 Whereas, under Council Regulation (EEC) No 1417/78 of the average forward world market price determined by 19 June 1978 on the aid system for dried fodder (4), as last applying the criteria laid down in Article 3 (3) of Regula­ amended by Regulation (EEC) No 1 1 10/89 (*), the average tion (EEC) No 1528/78 and valid for delivery during a world market price for the products described in the first month other than that in which the aid is introduced, and third indents of Article 1 (b) of Regulation (EEC) No adjusted by the percentage fixed under Article 5 (2) of 1117/78 is to be determined on the basis of the most Regulation (EEC) No 1117/78 ; whereas where the average favourable actual purchase possibilities excepting those forward world market price for one or more months which cannot be considered representative of the real cannot be determined by applying the criteria laid down market trend ; whereas offers and quotations recorded 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 ; (2) OJ No L 218, 28 . 7. 1989, p. 1 . (3) OJ No L 147, 29. 5. 1992, p. 14. (4) 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 . Ó OJ No L 162, 28 . 6. 1990, p. 21 .

1 . 9 . 92 Official Journal of the European Communities No L 254/45

Whereas, if the aid system is to operate normally, refunds multiplied by the percentage referred to in Article 5 (2) of should be calculated on the following basis ; Regulation (EEC) No 1117/78, between the guide price — in the case of currencies which are maintained in rela­ applied in Spain and the common guide price ; tion to each other at any given moment within a band Whereas, as the result of the applications of all these of 2,25 % , a conversion rate based on their central provisions to the offers and quotations which the rate, multiplied by the corrective factor provided for in Commission has recorded, the rate of the additional aid the last paragraph of Article 3 (1 ) of Council Regula­ for dried fodder must be fixed as indicated in the table tion (EEC) No 1676/85 ('), as last amended by Regula­ annexed to this Regulation, tion (EEC) No 2205/90 Q, — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official HAS ADOPTED THIS REGULATION : Journal of the European Communities, C series, over 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 September 1992. Spain the amount is to be adjusted by the difference,

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

Done at Brussels, 31 August 1992.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 254/46 Official Journal of the European Communities 1 . 9 . 92

ANNEX

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

Aid applicable from 1 September 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 88,337 88,132 88,337 55,192 55,397

Aid in case of advance fixing for the month of :

(ECU/tonne)

October 1992 87,766 87,559 87,766 54,619 54,826 November 1992 87,732 87,525 87,732 54,585 54,792 December 1992 87,732 87,525 87,732 54,585 54,792 January 1993 84,332 84,112 84,332 51,172 51,392 February 1993 (') 83,898 83,677 83,898 50,737 50,958 March 1993 (') 0,000 0,000 0,000 0,000 0,000

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