CELEX: 31991R1371
Language: en
Date: 1991-05-25 00:00:00
Title: Commission Regulation (EEC) No 1371/91 of 24 May 1991 fixing the rate of the aid for dried fodder

No L 130/48                               Official Journal of the European Communities                                 25 . 5. 91
                                     COMMISSION REGULATION (EEC) No 1371 /91
                                                          of 24 May 1991
                                          fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         amended by Regulation (EEC) No 1110/89 (5), the average
                                                                    world market price for the products described in the first
                                                                    and third indents of Article 1 (b) of Regulation (EEC) No
Having regard to the Treaty establishing the European               1117/78 is to be determined on the basis of the most
Economic Community,                                                 favourable actual purchase possibilities excepting those
                                                                    which cannot be considered representative of the real
                                                                    market trend ; whereas offers and quotations recorded
Having regard to the Act of Accession of Spain and                  during the first 25 days of the month in question for
Portugal,                                                           quantities that can be delivered during the following
                                                                    calendar month are to be used ; whereas the average world
Having regard to Council Regulation (EEC) No 1117/78                market price thus determined is used to fix the aid rate
of 22 May 1978 on the common organization of the                    applicable on the following month ;
market in dried fodder ('), as last amended by Regulation
(EEC) No 2275/89 (2), and in particular Article 5 (3)
thereof,
                                                                    Whereas the necessary adjustments must be made in the
Having regard to the opinion of the Monetary Committee,             case of offers and quotations not of the type referred to
                                                                    above ; whereas these adjustments were defined in Article
                                                                    3 of Commission Regulation (EEC) No 1528/78 of 30
Whereas, under Article 5 (1 ) of Regulation (EEC) No                June 1978 laying down detailed rules for the application
1117/78, when the guide price is higher than the average            of the system of aid for dried fodder (6), as last amended
world market price, aid is granted for dried fodder as              by Regulation (EEC) No 1 757/90 Q ;
described under Article 1 (b) and (c) of that Regulatipn
and obtained from fodder plants harvested in the
Community ; whereas that aid takes account of a
percentage of the difference between these two prices ;
                                                                    Whereas, in accordance with Article 3 of Regulation
                                                                    (EEC) No 1417/78, when no offer or quotation can be
Whereas this percentage and the guide price were fixed              used to determine the average world market price, that
by Council Regulation (EEC) No 1357/91 of 24 May 1991               price is determined on the basis of the sum of the value
fixing the guide price for dried fodder products for the            of competing products ; whereas those products are
period from 27 May to 1 6 June (3) ;                                defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
Whereas, in the absence of the guide price for dried
fodder and of the percentages referred to in Article 5 of
Regulation (EEC) No 1117/78 and of the intervention                 Whereas, pursuant to Article 11 of Regulation (EEC) No
price for barley for the 1991 /92 marketing year, the rate           1417/78 , when forward prices differ from that applying in
of the aid was fixed in accordance with Commission
                                                                    the month when the application is lodged, the aid rate is
proposals to the Council and should be confirmed or                 adjusted by a correcting amount calculated from the trend
replaced once the guide price, related measures, the                of forward prices ;
percentages referred to in Article 5 of Regulation (EEC)
No 1117/78 and the intervention price for barley for the
1991 /92 marketing year are known ;
Whereas the average world market price is determined for            Whereas, where the average world market price is deter­
a bulk pelleted product, delivered to Rotterdam, of the             mined in accordance with Article 3 of Regulation (EEC)
standard quality for which the guide price has been fixed ;          No 1417/78, the corrective amount must be equal to the
                                                                    difference between the average world market price and
                                                                    the average forward world market price determined by
Whereas, under Council Regulation (EEC) No 1417/78 of               applying the criteria laid down in Article 3 (3) of Regula­
19 June 1978 on the aid system for dried fodder (4), as last        tion (EEC) No 1528 /78 and valid for delivery during a
                                                                    month other than that in which the aid is introduced,
(') OJ  No L 142, 30 .  5. 1978 , p. 1 .
(2) OJ  No L 218, 28 .  7. 1989, p. 1 .                             0 OJ No L 118, 29 . 4. 1989, p. 1 .
(') See page 7 of this  Official Journal.                           (6) OJ No L 179, 1 . 7. 1978, p . 10.
(4) OJ  No L 171 , 28 . 6. 1978 , p. 1 .                            0 OJ No L 162, 28 . 6. 1990 , p. 21 .
 ---pagebreak---  25. 5 . 91                              Official Journal of the European Communities                           No L 130/49
 adjusted by the percentage fixed under Article 5 (2) of           Spain the amount is to be adjusted by the difference,
 Regulation (EEC) No 1117/78 ; whereas where the average           multiplied by the percentage referred to in Article 5 (2) of
 forward world market price for one or more months                 Regulation (EEC) No 1117/78, between the guide price
 cannot be determined by applying the criteria laid down           applied in Spain and the common guide price ;
 in Article 3(3) of Regulation (EEC) No 1528/78, the
 corrective amount must be fixed for the month or months           Whereas, as the result of the applications of all these
 in question at a level such that the aid is equal to zero ;       provisions to the offers and quotations which the
                                                                   Commission has recorded, the rate of the additional aid
Whereas, if the aid system is to operate normally, refunds         for dried fodder must be fixed as indicated in the table
 should be calculated on the following basis ;                     annexed to this Regulation,
— in the case of currencies which are maintained in rela­
      tion to each other at any given moment within a band
      of 2,25 % , a conversion rate based on their central         HAS ADOPTED THIS REGULATION :
      rate, multiplied by the corrective factor provided for in
      the last paragraph of Article 3 ( 1 ) of Council Regula­
                                                                                           Article 1
      tion (EEC) No 1676/85 ('), as last amended by Regula­
      tion (EEC) No 2205/90 (2),
— for the other currencies, an exchange rate based on an           1 . The rate of the aid referred to in Article 5 (3) of
      average of the ecu rates published in the Official           Regulation (EEC) No 1117/78 is fixed in the Annex to
      Journal of the European Communities, C series, over          this Regulation.
      a period to be determined, multiplied by the coeffi­
      cient referred to in the preceding indent ;                  2. However, the rate of aid for the 1991 /92 marketing
                                                                   year shall be confirmed or replaced with effect from 27
Whereas the rate of the additional aid must be fixed once          May 1991 to take account of the guide price for dried
 per month so as to ensure application of the aid from the         fodder, the intervention price for barley and the percen­
 first day of the month following the date of its fixing ;         tages referred to in Article 5 of Regulation (EEC) No
Whereas, pursuant to Articles 120 (2) and 306 (2) of the           1117/78 for the 1991 /92 marketing year.
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 27 May 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 24 May 1991 .
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
o OJ No L 164, 24. 6. 1985, p. 1 .
(2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 130 /50                                   Official Journal of the European Communities                                                  25 . 5. 91
                                                                        ANNEX
                        to the Commission Regulation of 24 May 1991 fixing the rate of the aid for dried fodder
Aid applicable from 27 May 1991 to dried fodder :
                                                                                                                                             (ECU/tonm)
                                                   Fodder dehydrated by artificial heat drying                    Fodder otherwise dried
                                                              Protein concentrates
                                                                                        Other                                           Other
                                                    Spain           Portugal           Member              Portugal                   Member
                                                                                        States                                          States
Aid (')                                            42,975            45,496            46,221               12,556                     13,281
Aid in case of advance fixing for the month of :
                                                                                                                                             (ECU/tonne)
June 1991 (')                                      43,301            46,028            46,749               13,088                     13,809
July 1991 (')                                      62,023            64,891            65,471               31,951                     32,531
August 1991 (')                                    62,193            65,061            65,641               32,121                     32,701
September 1991 (')                                 61,568            64,432            65,016               31,492                     32,076
October 1991 (2)                                    0,000             0,000             0,000                0,000                      0,000
November 1991 (2)                                   0,000             0,000             0,000                0,000                      0,000
December 1 99 1 (2)                                 0,000             0,000             0,000                0,000                      0,000
January 1992 (2)                                    0,000             0,000             0,000                0,000                      0,000
February 1992 (2)                                   0,000             0,000             0,000                0,000                      0,000
March 1992 (2)                                      0,000             0,000             0,000                0,000                      0,000
(') Rate fixed provisionally, pending and subject to the setting of the prices and related measures for the 1991 /92 marketing year, as regards :
    (a) the guide price for dried fodder ;
    (b) the percentage referred to in Article 5 of Regulation (EEC) No 1117/78 ;
    (c) the intervention price for barley.
(2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78 .