CELEX: 31992R0802
Language: en
Date: 1992-04-01 00:00:00
Title: Commission Regulation (EEC) No 802/92 of 31 March 1992 fixing the rate of the aid for dried fodder

No L 86/42                            Official Journal of the European Communities                                    1 . 4. 92
                                      COMMISSION REGULATION (EEC) No 802/92
                                                      of 31 March 1992
                                        fixing the rate of the aid for dried fodder
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      and third indents of Article 1 (b) of Regulation (EEC) No
                                                                   1117/78 is to be determined on the basis of the most
 Having regard to the Treaty establishing the European            favourable actual purchase possibilities excepting those
 Economic Community,                                              which cannot be considered representative of the real
                                                                  market trend ; whereas offers and quotations recorded
                                                                  during the first 25 days of the month in question for
 Having regard to the Act of Accession of Spain and               quantities that can be delivered during the following
 Portugal,                                                        calendar month are to be used ; whereas the average world
                                                                  market price thus determined is used to fix the aid rate
 Having regard to Council Regulation (EEC) No 1117/78             applicable on the following month ;
 of 22 May 1978 on the common organization of the
 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
                                                                  case of offers and quotations not of the type referred to
                                                                  above ; whereas these adjustments were defined in Article
Whereas, under Article 5 (1 ) of Regulation (EEC) No              3 of Commission Regulation (EEC) No 1528/78 of 30
 111 7/78, when the guide price is higher than the average        June 1978 laying down detailed rules for the application
world market price, aid is granted for dried fodder as            of the system of aid for dried fodder ^, as last amended
described under Article 1 (b) and (c) of that Regulation          by Regulation (EEC) No 1757/90 Q ;
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 1627/91 (3) for the                price is determined on the basis of the sum of the value
 1 991 /92 marketing year ;                                       of competing products ; whereas those products are
                                                                  defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
Whereas Regulation (EEC) No 1627/91 sets the percen­
tage referred to in Article 5 of Regulation (EEC) No
 1117/78 for the 1992/93 marketing year at 80 % ;
                                                                  Whereas, pursuant to Article 1 1 of Regulation (EEC) No
                                                                  1417/78, when forward prices differ from that applying in
Whereas, owing to the lack of a guide price for dried             the month when the application is lodged, the aid rate is
fodder valid for the 1992/93 marketing year, the rate of          adjusted by a correcting amount calculated from the trend
aid in advance for this marketing year has only been able         of forward prices ;
to be calculated provisionally on the basis of the Commis­
sion's price proposals to the Council and connected
measures for the marketing year 1992/93 ; whereas this
amount should, therefore, only be applied provisionally           Whereas, where the average world market price is deter­
and should be confirmed or replaced once the prices for           mined in accordance with Article 3 of Regulation (EEC)
the 1992/93 marketing year are known ;                            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,
                                                                  adjusted by the percentage fixed under Article 5 (2) of
Whereas, under Council Regulation (EEC) No 1417/78 of             Regulation (EEC) No 1 1 17/78 ; whereas where the average
 19 June 1978 on the aid system for dried fodder (4), as last     forward world market price for one or more months
amended by Regulation (EEC) No 1110/89 (*), the average           cannot be determined by applying the criteria laid down
world market price for the products described in the first        in Article 3(3) of Regulation (EEC) No 1528/78, the
                                                                  corrective amount must be fixed for the month or months
(') OJ No L 142, 30. 5. 1978 , p. 1 .                             in question at a level such that the aid is equal to zero ;
(2) OJ No L 218, 28. 7. 1989, p. 1 .
O OJ No L 150, 15. 6. 1991 , p. 15.
ft OJ No L 171 , 28. 6. 1978, p. 1 .                              (6) OJ No L 179, 1 . 7. 1978, p. 10.
0 OJ No L 118, 29. 4. 1989, p. 1 .                                0 OJ No L 162, 28. 6. 1990, p. 21 .
 ---pagebreak---  1 . 4. 92                              Official Journal of the European Communities                            No L 86/43
 Whereas, if the aid system is to operate normally, refunds       Whereas, as the result of the applications of all these
 should be calculated on the following basis ;                    provisions to the offers and quotations which the
 — in the case of currencies which are maintained in rela­        Commission has recorded, the rate of the additional aid
                                                                  for dried fodder must be fixed as indicated in the table
     tion to each other at any given moment within a band
     of 2,25 % , a conversion rate based on their central         annexed to this Regulation,
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 (1 ) of Council Regula­
     tion (EEC) No 1676/85 ('), as last amended by Regula­
     tion (EEC) No 2205/90 (2),                                   HAS ADOPTED THIS REGULATION :
— for the other currencies, an exchange rate based on an
     average of the ecu rates published in the Official
     Journal of the European Communities, C series, over                                   Article 1
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;                  1 . The rate of the aid referred to in Article 5 (3) of
                                                                  Regulation (EEC) No 1117/78 is fixed in the Annex to
Whereas the rate of the additional aid must be fixed once
                                                                  this Regulation.
per month so as to ensure application of the aid from the
first day of the month following the date of its fixing ;         2.    However, the rate of aid fixed in advance for the
Whereas, pursuant to Articles 120 (2) and 306 (2) of the          1992/93 marketing year shall be confirmed or replaced
Act of Accession, the additional aid applicable in these          with effect from 1 April 1992 to take account of the guide
two Member States is to be adjusted by an amount equal            price and connected measures for the 1992/93 marketing
to the amount of customs duties on imports of these               year.
products from third countries ; whereas, in addition, in
Spain the amount is to be adjusted by the difference,
multiplied by the percentage referred to in Article 5 (2) of                               Article 2
Regulation (EEC) No 1117/78, between the guide price
applied in Spain and the common guide price ;                     This Regulation shall enter into force on 1 April 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 March 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                        Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
O OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 86/44                                   Official Journal of the European Communities                                                    1 . 4. 92
                                                                      ANNEX
                 to the Commission Regulation of 31 March 1992 fixing the rate of the aid for dried fodder
Aid applicable from 1 April 1992 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                                              73,805            73,479            73,805               40,539                     40,865
Aid in case of advance fixing for the month of :
                                                                                                                                           (ECU/tonne)
May 19920                                        66,835            66,550            66,835               33,610                     33,895
June 1992 (')                                    66,858            66,572            66,858               33,632                     33,918
July 1 992 (2)                                    0,000             0,000             0,000                0,000                      0,000
August 1992 (2)                                   0,000             0,000             0,000                0,000                      0,000
September 1992 (2)                                0,000             0,000             0,000                0,000                      0,000
October 1992 (2)                                   0,000            0,000             0,000                0,000                      0,000
November 1992 (2)                                  0,000            0,000             0,000                 0,000                     0,000
December 1992 (2)                                  0,000            0,000             0,000                 0,000                     0,000
January 1993 (2)                                   0,000            0,000             0,000                0,000                      0,000
February 1993 (2)                                  0,000            0,000             0,000                0,000                      0,000
March 1993 (2)                                     0,000            0,000             0,000                 0,000                     0,000
(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures for the 1992/93 marketing year.
(2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.