31992R3869

No L 390/ 108 Official Journal of the European Communities 31 . 12 . 92

COMMISSION REGULATION (EEC) No 3869/92 of 30 December 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 (6), as last amended (EEC) No 2275/89 (2), and in particular Article 5 (3) by Regulation (EEC) No 1757/90 (7) ; 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 1379/92 (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 1 110/89 (*), 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 1 1 17/78 ; 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 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 . (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 . 0 OJ No L 162, 28 . 6. 1990, p. 21 .

31 . 12. 92 Official Journal of the European Communities No L 390/ 109

Whereas the representative market rates defined in Article Regulation (EEC) No 1117/78, between the guide price 1 of Council Regulation (EEC) No 381 3/92 (') are used to applied in Spain and the common guide price ; convert amounts expressed in third country currencies Whereas, as the result of the applications of all these and are used as the basis for determining the agricultural provisions to the offers and quotations which the conversion rates of the Member States' currencies ; Commission has recorded, the rate of the additional aid whereas detailed rules on the application and determina­ for dried fodder must be fixed as indicated in the table tion of these conversions were set by Commission Regu­ annexed to this Regulation, lation (EEC) No 3819/92 (2);

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 ; Article 1 Whereas, pursuant to Articles 120 (2) and 306 (2) of the The rate of the aid referred to in Article 5 (3) of Regula­ Act of Accession, the additional aid applicable in these tion (EEC) No 1117/78 is fixed in the Annex to this two Member States is to be adjusted by an amount equal Regulation. to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in Article 2 Spain the amount is to be adjusted by the difference, multiplied by the percentage referred to in Article 5 (2) of This Regulation shall enter into force on 1 January 1993 .

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

Done at Brussels, 30 December 1992.

For the Commission Ray MAC SHARRY Member of the Commission

O OJ No L 387, 31 . 12. 1992, p. 1 . (2) OJ No L 387, 31 . 12. 1992.

No L 390 / 110 Official Journal of the European Communities 31 . 12. 92

ANNEX

to the Commission Regulation of 30 December 1992 fixing the rate of the aid for dried fodder

Aid applicable from 1 January 1993 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

Ud 85,586 85,372 85,586 52,432 52,646

Aid in case of advance fixing for the month of :

(ECU/tonne)

February 1993 85,624 85,409 85,624 52,469 52,684 March 1993 85,624 85,409 85,624 52,469 52,684 April 1993 84,861 84,643 84,861 51,703 51,921 May 1993 (') 0,000 0,000 0,000 0,000 0,000 June 1993 (') 0,000 0,000 0,000 0,000 0,000 July 1993 (') 0,000 0,000 0,000 0,000 0,000

(l) Pursuant to Article 6 (b) of Regulation (EEC) No 1528/78 .