CELEX: 31990R2818
Language: en
Date: 1990-09-29 00:00:00
Title: Commission Regulation (EEC) No 2818/90 of 28 September 1990 fixing the rate of the aid for dried fodder

29 . 9 . 90                               Official Journal of the European Communities                             No L 268 /49
                                      COMMISSION REGULATION (EEC) No 2818 /90
                                                      of 28 September 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 1 528/78 ;
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 11 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 Q, as last          adjusted by the percentage fixed under Article 5 (2) of
amended by Regulation (EEC) No 1110/89 (6), the average              Regulation (EEC) No 1 1 17/78 ; 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
(•) OJ   No L 142,  30.  5. 1978 , p. 1.                             corrective amount must be fixed for the month or months
0   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.
(4) OJ   No L 162,  28 . 6. 1990,  p. 22.
0   OJ   No L 171 , 28 . 6. 1978 , p. 1.                             O OJ No L 179, 1 . 7. 1978 , p. 10 .
M OJ No L 118, 29. 4. 1989, p. 1 .                                   (8) OJ No L 162, 28 . 6. 1990, p. 21 .
 ---pagebreak--- No L 268/50                             Official Journal of the European Communities                                29 . 9 . 90
Whereas, if the aid system is to operate normally, refunds        to the amount of customs duties on imports of these
should be calculated on the following basis ;                     products from third countries ; whereas, in addition, in
— in the case of currencies which are maintained in rela­         Spain the amount is to be adjusted by the difference,
     tion to each other at any given moment within a band         multiplied by the percentage referred to in Article 5 (2) of
     of 2,25 % , a conversion rate based on their central         Regulation (EEC) No 1117/78, between the guide price
     rate, multiplied by the corrective factor provided for in    applied in Spain and the common guide price ;
     the last paragraph of Article 3 ( 1 ) of Council Regula­     Whereas, as the result of the applications of all these
     tion (EEC) No 1676/85 ('), as last amended by Regula­
                                                                  provisions to the offers and quotations which the
     tion (EEC) No 2205/90 (2),                                   Commission has recorded, the rate of the additional aid
— for the other currencies, an exchange rate based on an          for dried fodder must be fixed as indicated in the table
     average of the ecu rates published in the Official           annexed to this Regulation,
    Journal of the European Communities, C series, over
     a period to be determined, multiplied by the coeffi­
     cient referred to in the preceding indent ;
                                                                  HAS ADOPTED THIS REGULATION :
Whereas the rate of the additional aid must be fixed once
per month so as to ensure application of the aid from the
                                                                                           Article 1
first day of the month following the date of its fixing ;
Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of         The rate of the aid referred to in Article 5 (3) of Regula­
Accession, the Spanish price must be aligned with the             tion (EEC) No 1117/78 is fixed in the Annex to this
common price in accordance with the method laid down              Regulation.
in Article 70 of that Act ;
Whereas, pursuant to Articles 120 (2) and 306 (2) of the                                   Article 2
Act of Accession, the additional aid applicable in these
two Member States is to be adjusted by an amount equal            This Regulation shall enter into force on 1 October 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 September 1990 .
                                                                           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--- 29 . 9 . 90                           Official Journal of the European Communities                             No L 268/51
                                                              ANNEX
                 to the Commission Regulation of 28 September 1990 fixing the rate of the aid for dried
                                                               fodder
Aid applicable from 1 October 1990 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                                      101,645         109,496            110,265  76,556                     77,325
Aid in case of advance fixing for the month of :
                                                                                                                      (ECU/tonne)
November 1990                            100,888         108,731            109;508  75,791                     76,568
December 1990                            100,603         108,442            109,223  75,502                     76,283
January 1991                              95,791         103,576            104,411  70,636                     71,471
February 1991                             95,128         102,906            103,748  69,966                     70,808
March 1991                                95,128         102,906            103,748  69,966                     70,808