CELEX: 31991R2863
Language: en
Date: 1991-10-01 00:00:00
Title: Commission Regulation (EEC) No 2863/91 of 30 September 1991 fixing the rate of the aid for dried fodder

1 . 10. 91                                 Official Journal of the European Communities                              No L 274/ 1
                                                                   I
                                                 (Acts whose publication is obligatory)
                                         COMMISSION REGULATION (EEC) No 2863/91
                                                        of 30 September 1991
                                            fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           favourable actual purchase possibilities excepting those
                                                                      which cannot be considered representative of the real
                                                                      market trend ; whereas offers and quotations recorded
Having regard to the Treaty establishing the European                 during the first 25 days of the month in question for
Economic Community,
                                                                      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                      Whereas the necessary adjustments must be made in the
market in dried fodder ('), as last amended by Regulation             case of offers and quotations not of the type referred to
(EEC) No 2275/89 (2), and in particular Article 5 (3)                  above ; whereas these adjustments were defined in Article
thereof,                                                               3 of Commission Regulation (EEC) No 1528/78 of 30
                                                                      June 1978 laying down detailed rules for the application
                                                                       of the system of aid for dried fodder (6), as last amended
Having regard to the opinion of the Monetary Committee,               by Regulation (EEC) No 1757/90 f);
Whereas, under Article 5 (1 ) of Regulation (EEC) No
 1 1 1 7/78, 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 this percentage and the guide price were fixed
by Council Regulation (EEC) No 1627/91 (3) for the                    Whereas, pursuant to Article 11 of Regulation (EEC) No
 1991 /92 marketing year ;                                             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 the average world market price is determined for               of forward prices ;
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
Whereas, under Council Regulation (EEC) No 1417/78 of                  mined in accordance with Article 3 of Regulation (EEC)
 19 June 1978 on the aid system for dried fodder (4), as last          No 1417/78, the corrective amount must be equal to the
amended by Regulation (EEC) No 11 10/89 (*), the average               difference between the average world market price and
world market price for the products described in the first             the average forward world market price determined by
and third indents of Article 1 (b) of Regulation (EEC) No              applying the criteria laid down in Article 3 (3) of Regula­
 1117/78 is to be determined on the basis of the most
                                                                       tion (EEC) No 1528/78 and valid for delivery during a
                                                                       month other than that in which the aid is introduced,
(')  OJ   No  L 142,  30.  5. 1978 , p. 1.                             adjusted by the percentage fixed under Article 5 (2) of
(J)  OJ   No  L 218 , 28 . 7. 1989,  p. 1.
0    OJ   No  L 150,  15.  6. 1991 , p. 15.
(4)  OJ   No  L 171 , 28 . 6. 1978 , p. 1.                             (6) OJ No L 179, 1 . 7. 1978, p. 10 .
¥) OJ No L 118, 29. 4. 1989, p. 1 .                                    0 OJ No L 162, 28 . 6. 1990, p. 21 .
 ---pagebreak--- No L 274/2                              Official Journal of the European Communities                                1 . 10 . 91
Regulation (EEC) No 1 1 1 7/78 ; whereas where the average        two Member States is to be adjusted by an amount equal
forward world market price for one or more months                 to the amount of customs duties on imports of these
cannot be determined by applying the criteria laid down           products from third countries ; whereas, in addition, in
in Article 3(3) of Regulation (EEC) No 1528/78, the               Spain the amount is to be adjusted by the difference,
corrective amount must be fixed for the month or months           multiplied by the percentage referred to in Article 5 (2) of
in question at a level such that the aid is equal to zero ;       Regulation (EEC) No 1117/78 , between the guide price
                                                                  applied in Spain and the common guide price ;
Whereas, if the aid system is to operate normally, refunds
should be calculated on the following basis ;                     Whereas, as the result of the applications of all these
— in the case of currencies which are maintained in rela­         provisions to the offers and quotations which the
     tion to each other at any given moment within a band         Commission has recorded, the rate of the additional aid
     of 2,25 % , a conversion rate based on their central         for dried fodder must be fixed as indicated in the table
     rate, multiplied by the corrective factor provided for in    annexed to this Regulation,
     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
                                                                                           Article 1
    Journal of the European Communities, C series, over
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;                  The rate of the aid referred to in Article 5 (3) of Regula­
                                                                  tion (EEC) No 1117/78 is fixed in the Annex to this
Whereas the rate of the additional aid must be fixed once         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 2
Whereas, pursuant to Articles 120 (2) and 306 (2) of the
Act of Accession, the additional aid applicable in these          This Regulation shall enter into force on 1 October 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 September 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---  1 . 10. 91                            Official Journal of the European Communities                               No L 274/3
                                                              ANNEX
                 to the Commission Regulation of 30 September 1991 fixing the rate of the aid for dried
                                                               fodder
Aid applicable from 1st October 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 (')                                  76,508           75,876             76,508  42,936                     43,568
Aid in case of advance fixing for the month of :
                                                                                                                      (ECU/tonne)
November 1991                            76,186           75,552             76,186  42,612                    43,246
December 1991                            76,033           75,398             76,033  42,458                    43,093
January 1992                             72,024           71,359             72,024  38,419                    39,084
February 1992                            71,321           70,650             71,321  37,710                    38,381
March 1992                               71,321           70,650             71,321  37,710                    38,381