CELEX: 31991R0769
Language: en
Date: 1991-03-28 00:00:00
Title: Commission Regulation (EEC) No 769/91 of 27 March 1991 fixing the rate of the aid for dried fodder

No L 81 /56                             Official Journal of the European Communities                                 28 . 3 . 91
                                     COMMISSION REGULATION (EEC) No 769/91
                                                      of 27 March 1991
                                        fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       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 ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas, under Council Regulation (EEC) No 1417/78 of
                                                                   19 June 1978 on the aid system for dried fodder (5), as last
Having regard to the Act of Accession of Spain and                amended by Regulation (EEC) No 1110/89 (6), the average
Portugal,                                                         world market price for the products described in the first
                                                                  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 Council Regulation (EEC) No 1117/78              favourable actual purchase possibilities excepting those
of 22 May 1978 on the common organization of the                  which cannot be considered representative of the real
market in dried fodder ('), as last amended by Regulation         market trend ; whereas offers and quotations recorded
(EEC) No 2275/89 (2), and in particular Article 5 (3)             during the first 25 days of the month in question for
thereof,
                                                                  quantities that can be delivered during the following
                                                                  calendar month are to be used ; whereas the average world
                                                                  market price thus determined is used to fix the aid rate
Having regard to the opinion of the Monetary Committee,           applicable on the following month ;
Whereas, under Article 5 ( 1 ) of Regulation (EEC) No
1117/78, when the guide price is higher than the average          Whereas the necessary adjustments must be made in the
world market price, aid is granted for dried fodder as            case of offers and quotations not of the type referred to
described under Article 1 (b) and (c) of that Regulation          above ; whereas these adjustments were defined in Article
and obtained from fodder plants harvested in the                  3 of Commission Regulation (EEC) No 1528/78 of 30
Community ; whereas that aid takes account of a                   June 1978 laying down detailed rules for the application
percentage of the difference between these two prices ;           of the system of aid for dried fodder Q, as last amended
                                                                  by Regulation (EEC) No 1757/90 (8);
Whereas this percentage and the guide price were fixed
by Council Regulation (EEC) No 1 1 92/90 (3) for the              Whereas, in accordance with Article 3 of Regulation
marketing year 1990/1991 ;                                        (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 prices fixed by the Council are to be reduced         of competing products ; whereas those products are
in accordance with Commission Regulation (EEC) No                  defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
1758/90 of 27 June 1990 establishing the guide price
fixed in ecus by the Council in the dried fodder sector
and reduced as a result of the monetary realignment of 5           Whereas, pursuant to Article 1 1 of Regulation (EEC) No
January 1990 (4);                                                  1417/78 , when forward prices differ from that applying in
                                                                   the month when the application is lodged, the aid rate is
                                                                   adjusted by a correcting amount calculated from the trend
Whereas, owing to the lack of a guide price for dried              of forward prices ;
fodder and of the percentages referred to in Article 5 of
Regulation (EEC) No 1117/78 for the 1991 /92 marketing
year the rate of aid in advance for this marketing year has        Whereas, where the average world market price is deter­
only been able to be calculated provisionally on the basis         mined in accordance with Article 3 of Regulation (EEC)
of the Commission'sprice proposals to the Council ;                No 1417/78, the corrective amount must be equal to the
whereas this amount should, therefore, only be applied             difference between the average world market price and
provisionally and should be confirmed or replaced once             the average forward world market price determined by
the target price for dried fodder and the percentages              applying the criteria laid down in Article 3 (3) of Regula­
referred to in Article 5 of Regulation (EEC) No 1117/78            tion (EEC) No 1528/78 and valid for delivery during a
for the 1991 /92 marketing year are known ;                        month other than that in which the aid is introduced,
(') OJ No  L  142, 30.  5. 1978, p. 1.                             0   OJ No  L  171 , 28 . 6. 1978 , p. 1 .
0   OJ No  L  218, 28.  7. 1989, p. 1.                             (6) OJ No  L  118,  29. 4. 1989, p. 1 .
0   OJ No  L  119, 11 . 5. 1990, p. 42.                            0   OJ No  L  179,  1 . 7. 1978, p. 10 .
(4) OJ No  L  162, 28 . 6. 1990, p. 22.                            (8  OJ No  L  162,  28 . 6. 1990, p. 21 .
 ---pagebreak---  28 . 3 . 91                             Official Journal of the European Communities                           No L 81 / 57
 adjusted by the percentage fixed under Article 5 (2) of           Spain the amount is to be adjusted by the difference,
 Regulation (EEC) No 1 1 17/78 ; 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 fixed in advance for the
                                                                   1991 /92 marketing year shall be confirmed or replaced
 Whereas the rate of the additional aid must be fixed once         with effect from 1 April 1991 to take account of the guide
 per month so as to ensure application of the aid from the         price for dried fodder and the percentages referred to in
 first day of the month following the date of its fixing ;         Article 5 of Regulation (EEC) No 1117/78 for the
 Whereas, pursuant to Articles 120 (2) and 306 (2) of 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 1 April 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 27 March 1991 .
                                                                            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--- No L 81 / 58                                    Official Journal of the European Communities                                                         28 . 3 . 91
                                                                            ANNEX
                       to the Commission Regulation of 27 March 1991 fixing the rate of the aid for dried fodder
Aid applicable from 1 April 1991 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                                                  66,975              74,822            75,595                  41,882                     42,655
Aid in case of advance fixing for the month of :
                                                                                                                                                     (ECU/tonne)
May 1991 (')                                         59,070             61,916             62,518                  28,976                      29,578
June 1991 (')                                        59,070             61,916             62,518                  28,976                      29,578
July 1991 (2)                                         0,000               0,000             0,000                   0,000                       0,000
August 1991 (2)                                       0,000               0,000             0,000                   0,000                       0,000
September 1991 (2)                                    0,000               0,000             0,000                   0,000                       0,000
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 1991 (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, on the basis in particular of
    the commission's proposals 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 1 1 1 7/78.
(2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78 .