CELEX: 31992R3869
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3869/92 of 30 December 1992 fixing the rate of the aid for dried fodder

No L 390/ 108                           Official Journal of the European Communities                                31 . 12. 92
                                    COMMISSION REGULATION (EEC) No 3869/92
                                                    of 30 December 1992
                                        fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       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 Treaty establishing the European             market price thus determined is used to fix the aid rate
Economic Community,                                               applicable on the following month ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                  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
Having regard to Council Regulation (EEC) No 1117/78              3 of Commission Regulation (EEC) No 1528/78 of 30
of 22 May 1978 on the common organization of the                  June 1978 laying down detailed rules for the application
market in dried fodder ('), as last amended by Regulation         of the system of aid for dried fodder (6), as last amended
(EEC) No 2275/89 (2), and in particular Article 5 (3)             by Regulation (EEC) No 1757/90 (7) ;
thereof,
Whereas, under Article 5 (1 ) of Regulation (EEC) No
 1117/78, when the guide price is higher than the average         Whereas, in accordance with Article 3 of Regulation
world market price, aid is granted for dried fodder as            (EEC) No 1417/78, when no offer or quotation can be
described under Article 1 (b) and (c) of that Regulation          used to determine the average world market price, that
and obtained from fodder plants harvested in the                  price is determined on the basis of the sum of the value
Community ; whereas that aid takes account of a                   of competing products ; whereas those products are
percentage of the difference between these two prices ;           defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
Whereas the guide price was fixed by Council Regulation
(EEC) No 1379/92 (3) for the 1992/93 marketing year ;
                                                                  Whereas, pursuant to Article 11 of Regulation (EEC) No
                                                                   1417/78, when forward prices differ from that applying in
Whereas Regulation (EEC) No 1627/91 sets the percen­               the month when the application is lodged, the aid rate is
tage referred to in Article 5 of Regulation (EEC) No              adjusted by a correcting amount calculated from the trend
 1117/78 for the 1992/93 marketing year at 80% ;                   of forward prices ;
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 ;       Whereas, where the average world market price is deter­
                                                                   mined in accordance with Article 3 of Regulation (EEC)
                                                                   No 1417/78, the corrective amount must be equal to the
                                                                  difference between the average world market price and
Whereas, under Council Regulation (EEC) No 1417/78 of             the average forward world market price determined by
 19 June 1978 on the aid system for dried fodder (4), as last     applying the criteria laid down in Article 3 (3) of Regula­
amended by Regulation (EEC) No 1 110/89 (*), the average          tion (EEC) No 1528/78 and valid for delivery during a
world market price for the products described in the first        month other than that in which the aid is introduced,
and third indents of Article 1 (b) of Regulation (EEC) No         adjusted by the percentage fixed under Article 5 (2) of
 1117/78 is to be determined on the basis of the most
                                                                  Regulation (EEC) No 1 1 17/78 ; whereas where the average
favourable actual purchase possibilities excepting those           forward world market price for one or more months
which cannot be considered representative of the real             cannot be determined by applying the criteria laid down
market trend ; whereas offers and quotations recorded             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.
(3) OJ No  L 147,  29.  5. 1992, p. 14.
(4) 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--- 31 . 12. 92                          Official Journal of the European Communities                           No L 390/ 109
Whereas the representative market rates defined in Article      Regulation (EEC) No 1117/78, between the guide price
1 of Council Regulation (EEC) No 381 3/92 (') are used to       applied in Spain and the common guide price ;
convert amounts expressed in third country currencies           Whereas, as the result of the applications of all these
and are used as the basis for determining the agricultural
conversion rates of the Member States' currencies ;             provisions to the offers and quotations which the
                                                                Commission has recorded, the rate of the additional aid
whereas detailed rules on the application and determina­        for dried fodder must be fixed as indicated in the table
tion of these conversions were set by Commission Regu­
                                                                annexed to this Regulation,
lation (EEC) No 3819/92 (2);
Whereas the rate of the additional aid must be fixed once       HAS ADOPTED 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 ;                                Article 1
Whereas, pursuant to Articles 120 (2) and 306 (2) of the        The rate of the aid referred to in Article 5 (3) of Regula­
Act of Accession, the additional aid applicable in these        tion (EEC) No 1117/78 is fixed in the Annex to this
two Member States is to be adjusted by an amount equal          Regulation.
to the amount of customs duties on imports of these
products from third countries ; whereas, in addition, in                                 Article 2
Spain the amount is to be adjusted by the difference,
multiplied by the percentage referred to in Article 5 (2) of    This Regulation shall enter into force on 1 January 1993 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels, 30 December 1992.
                                                                         For the Commission
                                                                          Ray MAC SHARRY
                                                                     Member of the Commission
O OJ No L 387, 31 . 12. 1992, p. 1 .
(2) OJ No L 387, 31 . 12. 1992.
 ---pagebreak--- No L 390 / 110                                Official Journal of the European Communities                                  31 . 12. 92
                                                                      ANNEX
                    to the Commission Regulation of 30 December 1992 fixing the rate of the aid for dried fodder
Aid applicable from 1 January 1993 to dried fodder :
                                                                                                                              (ECU/tonne)
 I                                               Fodder dehydrated by artificial heat drying
                                                           Protein concentrates
                                                                                                   Fodder otherwise dried
                                                                                      Other                              Other
                                                  Spain           Portugal           Member  Portugal                  Member
                                                                                      States                             States
   Ud                                            85,586           85,372             85,586  52,432                     52,646
Aid in case of advance fixing for the month of :
                                                                                                                              (ECU/tonne)
 February 1993                                   85,624           85,409             85,624  52,469                     52,684
 March 1993                                      85,624           85,409             85,624  52,469                     52,684
 April 1993                                      84,861           84,643             84,861  51,703                     51,921
 May 1993 (')                                     0,000            0,000              0,000   0,000                      0,000
 June 1993 (')                                    0,000            0,000              0,000   0,000                      0,000
 July 1993 (')                                    0,000            0,000              0,000   0,000                      0,000
(l) Pursuant to Article 6 (b) of Regulation (EEC) No 1528/78 .