CELEX: 31990R3172
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3172/90 of 31 October 1990 fixing the rate of the aid for dried fodder

1 . 11 . 90                              Official Journal of the European Communities                              No L 304/43
                                     COMMISSION REGULATION (EEC) No 3172/90
                                                       of 31 October 1990
                                         fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         1117/78 is to be determined on the basis of the most
                                                                    favourable actual purchase possibilities excepting those
                                                                    which cannot be considered representative of the real
Having regard to the Treaty establishing the European               market trend ; whereas offers and quotations recorded
Economic Community,                                                 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 Act of Accession of Spain and                  market price thus determined is used to fix the aid rate
Portugal,                                                           applicable on the following 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 Regulation           Whereas the necessary adjustments must be made in the
(EEC) No 2275/89 (2), and in particular Article 5 (3)               case of offers and quotations not of the type referred to
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
Having regard to the opinion of the Monetary Committee,             of the system of aid for dried fodder (J), as last amended
                                                                    by Regulation (EEC) No 1757/90 (8);
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              Whereas, in accordance with Article 3 of Regulation
described under Article 1 (b) and (c) of that Regulation            (EEC) No 1417/78, when no offer or quotation can be
 and obtained from fodder plants harvested in the                   used to determine the average world market price, that
 Community ; whereas that aid takes account of a                    price is determined on the basis of the sum of the value
 percentage of the difference between these two prices ;            of competing products ; whereas those products are
                                                                    defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ;
Whereas this percentage and the guide price were fixed
 by Council Regulation (EEC) Mo 1192/90 (3) for the
 marketing year 1990/ 1991 ;
                                                                    Whereas, pursuant to Article 11 of Regulation (EEC) No
                                                                     1417/78, when forward prices differ from that applying in
Whereas the prices fixed by the Council are to be reduced            the month when the application is lodged, the aid rate is
 in accordance with Commission Regulation (EEC) No                   adjusted by a correcting amount calculated from the trend
 1758/90 of 27 June 1990 establishing the guide price                of forward prices ;
 fixed in ecus by the Council in the dried fodder sector
 and reduced as a result of the monetary realignment of 5
January 1990 (4) ;
                                                                    Whereas, where the average world market price is deter­
                                                                     mined in accordance with Article 3 of Regulation (EEC)
Whereas the average world market price is determined for             No 1417/78, the corrective amount must be equal to the
 a bulk pelleted product, delivered to Rotterdam, of the             difference between the average world market price and
 standard quality for which the guide price has been fixed ;         the average forward world market price determined by
                                                                     applying the criteria laid down in Article 3 (3) of Regula­
                                                                     tion (EEC) No 1528/78 and valid for delivery during a
Whereas, under Council Regulation (EEC) No 1417/78 of                month other than that in which the aid is introduced,
 19 June 1978 on the aid system for dried fodder 0, as last          adjusted by the percentage fixed under Article 5 (2) of
 amended by Regulation (EEC) No 1110/89 (6), the average             Regulation (EEC) No 1 1 17/78 ; whereas where the average
 world market price for the products described in the first          forward world market price for one or more months
 and third indents of Article 1 (b) of Regulation (EEC) No           cannot be determined by applying the criteria laid down
                                                                     in Article 3(3) of Regulation (EEC) No 1528/78, the
 (') OJ  No L 142,  30.  5. 1978, p. 1.                              corrective amount must be fixed for the month or months
 (2) OJ  No L 218,  28.  7. 1989, p. 1.                              in question at a level such that the aid is equal to zero ;
 (3) OJ  No L 119,  11 . 5. 1990, p. 42.
 O   OJ  No L 162,  28.  6. 1990, p. 22.
 (*) OJ  No L 171 , 28.  6. 1978, p. 1.                              0 OJ No L 179, 1 . 7. 1978, p. 10.
 b) OJ No L 118, 29. 4. 1989, p. 1 .                                  «) OJ No L 162, 28. 6. 1990, p. 21 .
 ---pagebreak--- No L 304/44                             Official Journal of the European Communities                                1 . 11 . 90
Whereas, if the aid system is to operate normally, refunds        two Member States is to be adjusted by an amount equal
should be calculated on the following basis ;                     to the amount of customs duties on imports of these
— in the case of currencies which are maintained in rela­         products from third countries ; whereas, in addition, in
                                                                  Spain the amount is to be adjusted by the difference,
     tion to each other at any given moment within a band
     of 2,25 % , a conversion rate based on their central         multiplied by the percentage referred to in Article 5 (2) of
     rate, multiplied by the corrective factor provided for in    Regulation (EEC) No 1117/78 , between the guide price
     the last paragraph of Article 3 ( 1 ) of Council Regula­     applied in Spain and the common guide price ;
     tion (EEC) No 1676/85 ('), as last amended by Regula­        Whereas, as the result of the applications of all these
     tion (EEC) No 2205/90 (2),                                   provisions to the offers and quotations which the
— for the other currencies, an exchange rate based on an           Commission has recorded, the rate of the additional aid
                                                                  for dried fodder must be fixed as indicated in the table
     average of the ecu rates published in the Official
     Journal of the European Communities, C series, over          annexed to this Regulation,
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;                   HAS ADOPTED THIS REGULATION :
Whereas the rate of the additional aid must be fixed once
per month so as to ensure application of the aid from the                                 Article 1
first day of the month following the date of its fixing ;
                                                                  The rate of the aid referred to in Article 5 (3) of Regula­
Whereas, pursuant to Article 120 (1 ) of the 1985 Act of           tion (EEC) No 1117/78 is fixed in the Annex to this
Accession, the Spanish price must be aligned with the              Regulation.
common price in accordance with the method laid down
in Article 70 of that Act ;                                                                Article 2
Whereas, pursuant to Articles 120 (2) and 306 (2) of the          This Regulation shall enter into force on . 1 November
Act of Accession, the additional aid applicable in these           1990 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 October 1990.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 1 . 11 . 90                                  Official Journal of the European Communities                               No L 304/45
                                                                      ANNEX
                    to the Commission Regulation of 31 October 1990 fixing the rate of the aid for dried
                                                                        fodder
Aid applicable from 1 November 1 990 to dried fodder :
                                                                                                                               (ECU/tonne)
                                                  Fodder dehydrated by artificial heat drying       Fodder otherwise dried
                                                            Protein concentrates
                                                                                       Other                              Other
                                                   Spain           Portugal           Member  Portugal                  Member
                                                                                       States                             States
Aid                                               99,188           107,011            107,808 74,071                     74,868
Aid in case of advance fixing for the month of :
                                                                                                                                (ECU/tonne)
December 1990                                     99,131           106,954            107,751 74,014                     74,811
January 1991                                      95,329           103,109            103,949 70,169                     71,009
February 1991                                     94,677           102,450            103,297 69,510                     70,357
March 1991                                        94,677           102,450            103,297 69,510                     70,357
April 1991                                        92,455           100,203            101,075 67,263                     68,135
May 1991 (»)                                        0,000            0,000              0,000   0,000                      0,000
June 1991 (')                                       0,000            0,000              0,000   0,000                      0,000
July 1991 (')                                       0,000            0,000              0,000   0,000                      0,000
August 1991 (')                                     0,000            0,000              0,000   0,000                      0,000
September 1991 (')                                  0,000            0,000              0,000   0,000                      0,000
 October 1991 (')                                   0,000            0,000              0,000   0,000                      0,000
 (') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.