31994R0437

1 . 3 . 94 Official Journal of the European Communities No L 57/5

COMMISSION REGULATION (EC) No 437/94 of 28 February 1994 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, amended by Regulation (EEC) No 11 10/89 (10), the average world market price for the products described in the first and third indents of Article 1 (b) of Regulation Having regard to the Treaty establishing the European (EEC) No 1117/78 is to be determined on the basis of the Community, most favourable actual purchase possibilities excepting those which cannot be considered representative of the Having regard to Council Regulation (EEC) No 1117/78 real market trend ; whereas offers and quotations recorded of 22 May 1978 on the common organization of the during the first 25 days of the month in question for market in dried fodder ('), as last amended by Regulation quantities that can be delivered during the following (EC) No 3496/93 (2), and in particular Article 5 (3) thereof, 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 ; Whereas, under Article 5 ( 1 ) of Regulation (EEC) No 1117/78, when the guide price is higher than the average world market price, aid is granted for dried fodder as described under Article 1 (b) and (c) of that Regulation and obtained from fodder plants harvested in the Whereas the necessary adjustments must be made in the Community ; whereas that aid takes account of a case of offers and quotations not of the type referred to percentage of the difference between these two prices ; 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 Whereas the guide price in the dried fodder sector was of the system of aid for dried fodder (M), as last amended fixed by Council Regulation (EEC) No 1288/93 (3); by Regulation (EEC) No 1069/93 (l2) ;

Whereas Commission Regulation (EEC) No 3824/92 (4), as last amended by Regulation (EEC) No 1 663/93 (*), lays down the list of prices and amounts fixed in ecus to be amended as a result of the monetary alignments and Whereas, in accordance with Article 3 of Regulation which are reduced from the beginning of the 1993/94 (EEC) No 1417/78, when no offer or quotation can be marketing year by a factor of fixed by Commission Regu­ used to determine the average world market price, that lation (EEC) No 537/93 (6), as amended by Regulation price is determined on the basis of the sum of the value (EEC) No 1331 /93 f), as part of the automatic disman­ of competing products ; whereas those products are tling system of the negative monetary gaps ; whereas this defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; factor must be taken into account when calculating the aid from the beginning of the aforementioned marketing year ; Whereas, pursuant to Article 11 of Regulation (EEC) No Whereas Council Regulation (EEC) No 2065/92 (8), as 1417/78, when forward prices differ from that applying in amended by Regulation (EEC) No 1288/93, sets the the month when the application is lodged, the aid rate is percentage referred to in Article 5 of Regulation (EEC) adjusted by a correcting amount calculated from the trend No 1117/78 for the 1993/94 marketing year at 70% ; 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) Whereas, under Council Regulation (EEC) No 1417/78 of No 1417/78, the corrective amount must be equal to the 19 June 1978 on the aid system for dried fodder (®), as last difference between the average world market price and the average forward world market price determined by applying the criteria laid down in Article 3 (3) of Regula­ o uj No L 142, 30. 5 . 1978 , p. 1 . o OJ No L 319, 21 . 12. 1993, p. 17. tion (EEC) No 1528/78 and valid for delivery during a 0 OJ No L 132, 29. 5. 1993, p. 1 . month other than that in which the aid is introduced, (4) OJ No L 387, 31 . 12. 1992, p. 29. adjusted by the percentage fixed under Article 5 (2) of 0 OJ No L 158 , 30. 6. 1993, p. 18 . («) OJ No L 57, 10. 3 . 1993, p. 18 . 0 OJ No L 132, 29. 5. 1993, p. 114. (10) OJ No L 118 , 29. 4. 1989, p. 1 . (•) OJ No L 215, 30. 7. 1992, p. 48 . (") OJ No L 179, 1 . 7. 1978 , p. 10. 0 OJ No L 171 , 28 . 6. 1978 , p. 1 . H OJ No L 108 , 1 . 5. 1993, p. 114.

No L 57/6 Official Journal of the European Communities 1 . 3 . 94

Regulation (EEC) No 1 1 17/78 ; whereas where the average Commission has recorded, the rate of the additional aid forward world market price for one or more months for dried fodder must be fixed as indicated in the table cannot be determined by applying the criteria laid down annexed to this Regulation, in Article 3(3) of Regulation (EEC) No 1528/78, the corrective amount must be fixed for the month or months in question at a level such that the aid is equal to zero ;

Whereas the representative market rates defined in Article HAS ADOPTED THIS REGULATION : 1 of Council Regulation (EEC) No 3813/92 ('), as amended by Regulation (EC) No 3528/93 (2), are used to convert amounts expressed in third country currencies and are used as the basis for determining the agricultural Article 1 conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ The rate of the aid referred to in Article 5 (3) of Regula­ tion of these conversions were set by Commission Regu­ tion (EEC) No 1117/78 is fixed in the Annex to this lation (EEC) No 1068/93 (3); Regulation.

Whereas the rate of the additional aid must be fixed once per month so as to ensure application of the aid from the first day of the month following the date of its fixing ; 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 March 1994.

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

Done at Brussels, 28 February 1994.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 387, 31 . 12. 1992, p. 1 . O OJ No L 320, 22. 12. 1993, p. 32. 0 OJ No L 108, 1 . 5. 1993, p. 106.

1 . 3 . 94 No L 57/7 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 February 1994 fixing the rate of the aid for dried fodder

Aid applicable from 1 March 1994 to dried fodder : (ECU/tonne) 'odder dehydrated by artificial heat drying Fodder otherwise dried Protein concentrates

March 1994 62,911 38,221

Aid in case of advance fixing for the month of :

(ECU/tonne)

April 1994 62,705 38,015 May 1994 (') 00,000 00,000 June 1994 (') 00,000 00,000 July 1994 0 00,000 00,000 August 1994 0 00,000 00,000 September 1994 0 00,000 00,000 October 1994 0 00,000 00,000

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