CELEX: 31992R0239
Language: en
Date: 1992-02-01 00:00:00
Title: Commission Regulation (EEC) No 239/92 of 31 January 1992 fixing the rate of the aid for dried fodder

1 . 2. 92                               Official Journal of the European Communities                               No L 24/61
                                      COMMISSION REGULATION (EEC) No 239/92
                                                       of 31 January 1992
                                         fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        above ; whereas these adjustments were denned in Article
                                                                   3 of Commission Regulation (EEC) No 1528/78 of 30
Having regard to the Treaty establishing the European              June 1978 laying down detailed rules for the application
Economic Community,                                                of the system of aid for dried fodder ^, as last amended
                                                                   by Regulation (EEC) No 1757/90 P) ;
 Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas, in accordance with Article 3 of Regulation
Having regard to Council Regulation (EEC) No 1117/78               (EEC) No 1417/78, when no offer or quotation can be
of 22 May 1978 on the common organization of the                   used to determine the average world market price, that
market in dried fodder ('), as last amended by Regulation          price is determined on the basis of the sum of the value
(EEC) No 2275/89 (2), and in particular Article 5 (3)              of competing products ; whereas those products are
thereof,                                                           defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
 Having regard to the opinion of the Monetary Committee,
                                                                   Whereas, pursuant to Article 11 of Regulation (EEC) No
Whereas, under Article 5 (1 ) of Regulation (EEC) No               1417/78, when forward prices differ from that applying in
 1117/78, when the guide price is higher than the average          the month when the application is lodged, the aid rate is
world market price, aid is granted for dried fodder as             adjusted by a correcting amount calculated from the trend
described under Article 1 (b) and (c) of that Regulation           of forward prices ;
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, where the average world market price is deter­
                                                                   mined in accordance with Article 3 of Regulation (EEC)
Whereas this percentage and the guide price were fixed             No 1417/78, the corrective amount must be equal to the
by Council Regulation (EEC) No 1627/91 (3) for the                 difference between the average world market price and
 1991 /92 marketing year ;                                         the average forward world market price determined by
                                                                   applying the criteria laid down in Article 3 (3) of Regula­
Whereas the average world market price is determined for           tion (EEC) No 1528/78 and valid for delivery during a
a bulk pelleted product, delivered to Rotterdam, of the            month other than that in which the aid is introduced,
standard quality for which the guide price has been fixed ;        adjusted by the percentage fixed under Article 5 (2) of
                                                                   Regulation (EEC) No 1117/78 ; whereas where the average
                                                                   forward world market price for one or more months
Whereas, under Council Regulation (EEC) No 1417/78 of
                                                                   cannot be determined by applying the criteria laid down
 19 June 1978 on the aid system for dried fodder (4), as last
                                                                   in Article 3(3) of Regulation (EEC) No 1528/78, the
amended by Regulation (EEC) No 1110/89 (% the average              corrective amount must be fixed for the month or months
world market price for the products described in the first         in question at a level such that the aid is equal to zero ;
and third indents of Article 1 (b) of Regulation (EEC) No
 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              Whereas, if the aid system is to operate normally, refunds
market trend ; whereas offers and quotations recorded              should be calculated on the following basis ;
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          — in the case of currencies which are maintained in rela­
market price thus determined is used to fix the aid rate                tion to each other at any given moment within a band
applicable on the following month ;                                     of 2,25 %, a conversion rate based on their central
                                                                        rate, multiplied by the corrective factor provided for in
Whereas the necessary adjustments must be made in the                   the last paragraph of Article 3 ( 1 ) of Council Regula­
case of offers and quotations not of the type referred to               tion (EEC) No 1676/85 (8), as last amended by Regula­
                                                                        tion (EEC) No 2205/90 n,
(')  OJ  No L 142,  30. 5. 1978,  p. 1.
(2)  OJ  No L 218,  28. 7. 1989,  p. 1.                            («) OJ  No  L  179,  1 . 7. 1978, p. 10.
(3)  OJ  No L 150,  15. 6. 1991 , p. 15.                           0   OJ  No  L  162,  28 . 6. 1990, p. 21 .
(4)  OJ  No L 171 , 28. 6. 1978,  p. 1.                            (8) OJ  No  L  164,  24. 6. 1985, p. 1 .
ft OJ No L 118. 29. 4. 1989, d. 1 .                                (s) OJ  No  L  201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- No L 24/62                           Official Journal of the European Communities                                   1 . 2. 92
— for the other currencies, an exchange rate based on an         Commission has recorded, the rate of the additional aid
     average of the ecu rates published in the Official          for dried fodder must be fixed as indicated in the table
    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 ;
Whereas the rate of the additional aid must be fixed once
per month so as to ensure application of the aid from the        HAS ADOPTED THIS REGULATION :
first day of the month following the date of its fixing ;
Whereas, pursuant to Articles 120 (2) and 306 (2) of the
                                                                                          Article 1
Act of Accession, the additional aid applicable in these
two Member States is to be adjusted by an amount equal
to the amount of customs duties on imports of these              The rate of the aid referred to in Article 5 (3) of Regula­
products from third countries ; whereas, in addition, in         tion (EEC) No 1117/78 is fixed in the Annex to this
Spain the amount is to be adjusted by the difference,            Regulation.
multiplied by the percentage referred to in Article 5 (2) of
Regulation (EEC) No 1117/78, between the guide price
applied in Spain and the common guide price ;                                             Article 2
Whereas, as the result of the applications of all these
provisions to the offers and quotations which the                This Regulation shall enter into force on 1 February 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States .
                  Done at Brussels, 31 January 1992.
                                                                          For the Commission
                                                                           Ray MAC SHARRY
                                                                      Member of the Commission
 ---pagebreak---   1 . 2. 92                                   Official Journal of the European Communities                                No L 24/63
                                                                      ANNEX
                     to the Commission Regulation of 31 January 1992 fixing the rate of the aid for dried fodder
 Aid applicable from 1st February 1992 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
 Aid                                              76,298           75,981             76,298  43,041                     43,358
 Aid in case of advance fixing for the month of :
I                                                                                                                              (ECU/tonne)
 March 1992                                       76,285           75,968             76,285  43,028                     43,345
 April 1992                                       75,716           75,397             75,716  42,457                     42,776
 May 1992 (')                                      0,000            0,000              0,000   0,000                      0,000
 June 1992 (')                                      0,000           0,000              0,000   0,000                      0,000
 July 1992 0                                        0,000           0,000              0,000   0,000                      0,000
 August 1992 (')                                    0,000           0,000              0,000   0,000                      0,000
 September 1992 (')                                 0,000           0,000              0,000   0,000                      0,000
 October 1992 (')                                   0,000           0,000              0,000   0,000                      0,000
 (') In accordance with Article 6 (b) of Regulation (BEC) No 1528/78.