CELEX: 31990R3869
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3869/90 of 28 December 1990 fixing the rate of the aid for dried fodder

29 . 12. 90                            Official Journal of the European Communities                              No L 367/91
                                   COMMISSION REGULATION (EEC) No 3869/90
                                                   of 28 December 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 Q, 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 1528/78 ;
 Whereas this percentage and the guide price were fixed
 by Council Regulation (EEC) No 1 192/90 (3) for the
 marketing year 1990/ 1991 ;
                                                                   Whereas, pursuant to Article 1 1 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 (*), as last      adjusted by the percentage fixed under Article 5 (2) of
 amended by Regulation (EEC) No 1110/89 (*), the average           Regulation (EEC) No 1 1 1 7/78 ; 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
  1 OJ No L 142, 30. 5. 1978, p. 1 .                               corrective amount must be fixed for the month or months
  J) OJ No L 218, 28 . 7. 1989, p. 1 .                             in question at a level such that the aid is equal to zero ;
 0 OJ No L 119, 11 . 5. 1990, p. 42.
 O OJ No L 162, 28 . 6. 1990, p. 22.
 0 OJ No L 171 , 28 . 6. 1978, p. 1 .                              0 OJ No L 179, 1 . 7. 1978, p. 10.
 M OJ No L 118, 29. 4. 1989, p. 1 .                                («) OJ No L 162, 28 . 6. 1990, p. 21 .
 ---pagebreak--- No L 367/92                             Official Journal of the European Communities                               29. 12. 90
Whereas, if the aid system is to operate normally, refunds        products from third countries ; whereas, in addition, in
should be calculated on the following basis ;                     Spain the amount is to be adjusted by the difference,
— in the case of currencies which are maintained in rela­         multiplied by the percentage referred to in Article 5 (2) of
     tion to each other at any given moment within a band         Regulation (EEC) No 1117/78, between the guide price
     of 2,25 % , a conversion rate based on their central         applied in Spain and the common guide price ;
     rate, multiplied by the corrective factor provided for in    Whereas, as the result of the applications of all these
     the last paragraph of Article 3 ( 1 ) of Council Regula­     provisions to the offers and quotations which the
     tion (EEC) No 1676/85 ('), as last amended by Regula­        Commission has recorded, the rate of the additional aid
     tion (EEC) No 2205/90 (2),                                   for dried fodder must be fixed as indicated in the table
— for the other currencies, an exchange rate based on an          annexed to this Regulation,
     average of the ecu rates published in the Official
    Journal of the European Communities, C series, over           HAS ADOPTED THIS REGULATION :
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;
                                                                                          Article 1
Whereas the rate of the additional aid must be fixed once
per month so as to ensure application of the aid from the         The rate of the aid referred to in Article 5 (3) of Regula­
first day of the month following the date of its fixing ;          tion (EEC) No 1117/78 is fixed in the Annex to this
                                                                   Regulation.
Whereas, pursuant to Articles 120 (2) and 306 (2) of the
Act of Accession, the additional aid applicable in these                                   Article 2
two Member States is to be adjusted by an amount equal
to the amount of customs duties on imports of these               This Regulation shall enter into force on 1 January 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 December 1990.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
(l) OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 29 . 12. 90                                 Official Journal of the European Communities                               No L 367/93
                                                                     ANNEX
                   to the Commission Regulation of 28 December 1990 fixing the rate of the aid for dried
                                                                       fodder
Aid applicable from 1 January 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                                               99,685         107,778            108,305  74,838                     75,365
Aid in case of advance fixing for the month of :
                                                                                                                               (ECU/tonne)
February 1991                                     99,120          107,208            107,740 74,268                     74,800
March 1991                                        99,120          107,208            107,740 74,268                     74,800
April 1991                                        96,682          104,752            105,302 71,812                     72,362
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.