31994R2367

No L 255/28 Official Journal of the European Communities 1 . 10 . 94

COMMISSION REGULATION (EC) No 2367/94 of 30 September 1994 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, and quotations recorded 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 market price thus determined Having regard to the Treaty establishing the European is used to fix the aid rate applicable on the following Community, 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 Commis­ Whereas the necessary adjustments must be made in the sion Regulation (EC) No 3496/93 (2), and in particular case of offers and quotations not of the type referred to Article 5 (3) thereof, 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 of the system of aid for dried fodder (8), as last amended Whereas, pursuant to Article 5 ( 1 ) of Regulation (EEC) No by Regulation (EEC) No 1069/93 (9) ; 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 Community ; whereas that aid takes account of a Whereas, in accordance with Article 3 of Regulation percentage of the difference between these two prices ; (EEC) No 1417/78, when no offer or quotation can be used to determine the average world market price, that price is determined on the basis of the sum of the value Whereas the guide price in the dried fodder sector was of competing products ; whereas those products are fixed by Council Regulation (EEC) No 1288/93 (3) and defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; Commission Regulation (EC) No 538/94 (4) ;

Whereas Council Regulation (EEC) No 2065/92 Q, as Whereas, pursuant to Article 11 of Regulation (EEC) No amended by Regulation (EEC) No 1288/93, sets the 1417/78 , when forward prices differ from that applying in percentage referred to in Article 5 of Regulation (EEC) the month when the application is lodged, the aid rate is No 1117/78 for the 1994/95 marketing year at 70% ; adjusted by a correcting amount calculated from the trend 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 Whereas, pursuant to Council Regulation (EEC) No difference between the average world market price and 1417/78 of 19 June 1978 on the aid system for dried the average forward world market price determined by fodder (6), as last amended by Regulation (EEC) No applying the criteria laid down in Article 3 (3) of Regula­ 1110/89 0, the average world market price for the tion (EEC) No 1528/78 and valid for delivery during a products described in the first and third indents of Article month other than that in which the aid is introduced, 1 (b) of Regulation (EEC) No 1117/78 is to be determined adjusted by the percentage fixed pursuant to Article 5 (2) on the basis of the most favourable actual purchase possi­ of Regulation (EEC) No 1117/78 ; whereas where the bilities excepting those which cannot be considered average forward world market price for one or more representative of the real market trend ; whereas offers 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 . (2) OJ No L 319 , 21 . 12. 1993, p. 17. month or months in question at a level such that the aid (3) OJ No L 132, 29 . 5 . 1993 , p. 1 . is equal to zero ; (4) OJ No L 68 , 11 . 3 . 1994, p. 20 . 0 OJ No L 215, 30 . 7. 1992, p. 48 . (*) OJ No L 171 , 28 . 6. 1978 , p. 1 . (8) OJ No L 179, 1 . 7. 1978 , p. 10 . 0 OJ No L 118 , 29 . 4. 1989, p. 1 . C) OJ No L 108 , 1 . 5. 1993, p. 114.

1 . 10 . 94 Official Journal of the European Communities No L 255/29

Whereas the representative market rates defined in Article for dried fodder must be fixed as indicated in the table 1 of Council Regulation (EEC) No 3813/92 0, as annexed to this Regulation, 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 HAS ADOPTED THIS REGULATION : conversion rates of the Member States' currencies ; whereas detailed rules on the application and determina­ tion of these conversions were set by Commission Regu­ Article 1 lation (EEC) No 1068/93 (3), as amended by Regulation (EC) No 547/94 (4) ; The rate of the aid referred to in Article 5 (3) of Regula­ Whereas the rate of the additional aid must be fixed once tion (EEC) No 1117/78 is fixed in the Annex to this per month so as to ensure application of the aid from the Regulation. first day of the month following the date of its fixing ; Whereas, as the result of the applications of all these Article 2 provisions to the offers and quotations which the Commission has recorded, the rate of the additional aid This Regulation shall enter into force on 1 October 1994.

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

Done at Brussels, 30 September 1994.

For the Commission Rene STEICHEN Member of the Commission

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

No L 255/30 1 . 10 . 94 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 September 1994 fixing the rate of the aid for dried fodder

Aid applicable from 1 October 1 994 to dried fodder : (ECU/tonne) Fodder dehydrated by artificial heat drying Fodder otherwise dried Protein concentrates

October 1994 63,139 38,459

Aid in case of advance fixing for the month of :

(ECU/tonne)

November 1994 63,039 38,359 December 1994 62,805 38,125 January 1995 61,411 36,731 February 1995 61,058 36,378 March 1995 60,808 36,128