31994R1245

1 . 6. 94 No L 137/21 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 1245/94 of 31 May 1994 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, products described in the first and third indents of Article 1 (b) of Regulation (EEC) No 1117/78 is to be determined Having regard to the Treaty establishing the European on the basis of the most favourable actual purchase possi­ Community, bilities excepting those which cannot be considered representative of the real market trend ; whereas offers and quotations recorded during the first 25 days of the Having regard to Council Regulation (EEC) No 1117/78 month in question for quantities that can be delivered of 22 May 1978 on the common organization of the during the following calendar month are to be used ; market in dried fodder 0, as last amended by Commis­ whereas the average world market price thus determined sion Regulation (EC) No 3496/93 (2), and in particular is used to fix the aid rate applicable on the following Article 5 (3) thereof, month :

Whereas, pursuant to 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 Whereas the necessary adjustments must be made in the described under Article 1 (b) and (c) of that Regulation case of offers and quotations not of the type referred to and obtained from fodder plants harvested in the above ; whereas these adjustments were defined in Article Community ; whereas that aid takes account of a 3 of Commission Regulation (EEC) No 1528/78 of 30 percentage of the difference between these two prices ; June 1978 laying down detailed rules for the application of the system of aid for dried fodder (8), as last amended by Regulation (EEC) No 1069/93 (9) ; Whereas the guide price in the dried fodder sector was fixed by Council Regulation (EEC) No 1288/93 (3) and Commission Regulation (EC) No 538/94 0 ; Whereas, in accordance with Article 3 of Regulation Whereas in the absence of an average of the intervention (EEC) No 1417/78, when no offer or quotation can be prices for barley valid during the barley marketing year in used to determine the average world market price, that which the month for which the average world market price is determined on the basis of the sum of the value price is determined falls, the amount of the aid in the of competing products ; whereas those products are case of advance fixing can be calculated only provisionally defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; in accordance with the Commission's most recent price proposals to the Council ; whereas the said amount may therefore be applied only provisionally and must be Whereas, pursuant to Article 11 of Regulation (EEC) No confirmed or replaced as soon as the average is known of 1417/78, when forward prices differ from that applying in the intervention prices for barley valid during the barley the month when the application is lodged, the aid rate is marketing year in which the month for which the average adjusted by a correcting amount calculated from the trend world market price is determined falls ; of forward prices ;

Whereas Council Regulation (EEC) No 2065/92 0, as amended by Regulation (EEC) No 1288/93, sets the Whereas, where the average world market price is deter­ percentage referred to in Article 5 of Regulation (EEC) mined in accordance with Article 3 of Regulation (EEC) No 1117/78 for the 1994/95 marketing year at 70% ; 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, Whereas, pursuant to Council Regulation (EEC) No adjusted by the percentage fixed pursuant to Article 5 (2) 1417/78 of 19 June 1978 on the aid system for dried of Regulation (EEC) No 1117/78 ; whereas where the fodder 0, as last amended by Regulation (EEC) No average forward world market price for one or more 1110/89 0, the average world market price for the months cannot be determined by applying the criteria laid down in Article 3 (3) of Regulation (EEC) No 1528 /78, the corrective amount must be fixed for the (') OJ No L 142, 30. 5. 1978, p. 1 . 0 OJ No L 319, 21 . 12. 1993, p. 17. month or months in question at a level such that the aid 0 OJ No L 132, 29 . 5. 1993, p. 1 . is equal to zero ; 0 OJ No L 68, 11 . 3. 1994, p. 20. O OJ No L 215, 30 . 7. 1992, p. 48 . 0 OJ No L 171 , 28 . 6. 1978, p. 1 . (8) OJ No L 179, 1 . 7. 1978 , p. 10 . O OJ No L 118, 29 . 4. 1989, p. 1 . 0 OJ No L 108, 1 . 5. 1993, p. 114.

No L 137/22 Official Journal of the European Communities 1 . 6 . 94

Whereas the representative market rates defined in Article HAS ADOPTED THIS REGULATION : 1 of Council Regulation (EEC) No 3813/92(0, as amended by Regulation (EC) No 3528/93 (2), are used to Article 1 convert amounts expressed in third country currencies and are used as the basis for determining the agricultural 1 . The rate of the aid referred to in Article 5 (3) of conversion rates of the Member States' currencies ; Regulation (EEC) No 111 7/78 is fixed in the Annex to whereas detailed rules on the application and determina­ this Regulation. tion of these conversions were set by Commission Regu­ lation (EEC) No 1 068/93 (3), as amended by Regulation 2. However, for the purpose of advance fixing, the (EC) No 547/94 (4); amount of the aid for the 1994/95 marketing year shall be confirmed or replaced with effect from 1 June 1994 to Whereas the rate of the additional aid must be fixed once take account of the average of the intervention prices for per month so as to ensure application of the aid from the barley valid during the barley marketing year in which first day of the month following the date of its fixing ; the month for which the average world forward market price is determined falls. Whereas, as the result of the applications of all these provisions to the offers and quotations which the Commission has recorded, the rate of the additional aid Article 2 for dried fodder must be fixed as indicated in the table annexed to this Regulation, This Regulation shall enter into force on 1 June 1994.

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

Done at Brussels, 31 May 1994.

For the Commission Rene STEICHEN Member of the Commission

(') OJ No L 387, 31 . 12. 1992, p . 1 . 0 OJ No L 320, 22. 12. 1993, p. 32. (3) OJ No L 108, 1 . 5. 1993, p. 106. 4 OJ No L 69, 12. 3. 1994, p. 1 .

1 . 6. 94 No L 137/23 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 31 May 1994 fixing the rate of the aid for dried fodder

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

June 1994 58,473 33,793

Aid in case of advance fixing for the month of :

(ECU/tonne)

July 1994 (') 62,325 37,645 August 1994 (') 64,558 39,878 September 1994 (') 64,558 39,878 October 1994 (2) 0,000 0,000 November 1994 (2) 0,000 0,000 December 1994 (2) 0,000 0,000 January 1995 (2) 0,000 0,000 February 1995 (2) 0,000 0,000 March 1995 (2) 0,000 0,000

(') Rate fixed provisionally, pending and subject to the setting of the prices and related measures for barley for the 1994/95 marketing year. (2) Pursuant to Article 6 (b) of amended Regulation (EEC) No 1528/78.