CELEX: 31991R1098
Language: en
Date: 1991-05-01 00:00:00
Title: Commission Regulation (EEC) No 1098/91 of 30 April 1991 fixing the rate of the aid for dried fodder

1 . 5. 91                              Official Journal of the European Communities                           No L 110/31
                                    COMMISSION REGULATION (EEC) No 1098/91
                                                      of 30 April 1991
                                       fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas, under Council Regulation (EEC) No 1417/78 of
                                                                  19 June 1978 on the aid system for dried fodder (3), as last
                                                                 amended by Regulation (EEC) No 1110/89 (4), the average
Having regard to the Treaty establishing the European            world market price for the products described in the first
Economic Community,                                              and third indents of Article 1 (b) of Regulation (EEC) No
                                                                  1117/78 is to be determined on the basis of the most
Having regard to the Act of Accession of Spain and               favourable actual purchase possibilities excepting those
Portugal,                                                        which cannot be considered representative of the real
                                                                 market trend ; whereas offers and quotations recorded
                                                                 during the first 25 days of the month in question for
 Having regard to Council Regulation (EEC) No 1117/78            quantities that can be delivered during the following
of 22 May 1978 on the common organization of the                 calendar month are to be used ; whereas the average world
market in dried fodder ('), as last amended by Regulation        market price thus determined is used to fix the aid rate
(EEC) No 2275/89 (2), and in particular Article 5 (3)            applicable on the following month ;
thereof,
Having regard to the opinion of the Monetary Committee,          Whereas the necessary adjustments must be made in the
                                                                 case of offers and quotations not of the type referred to
Whereas, under Article 5 ( 1 ) of Regulation (EEC) No            above ; whereas these adjustments were defined in Article
 1117/78, when the guide price is higher than the average        3 of Commission Regulation (EEC) No 1528 /78 of 30
world market price, aid is granted for dried fodder as           June 1978 laying down detailed rules for the application
described under Article 1 (b) and (c) of that Regulation         of the system of aid for dried fodder (5), as last amended
and obtained from fodder plants harvested in the                 by Regulation (EEC) No 1757/90 (6) ;
Community ; whereas that aid takes account of a
percentage of the difference between these two prices ;
                                                                 Whereas, in accordance with Article 3 of Regulation
Whereas the Council has not yet adopted the guide price          (EEC) No 1417/78, when no offer or quotation can be
for the 1991 /92 marketing year commencing 1 May                 used to determine the average world market price, that
 1991 ; whereas the Commission, in virtue of the powers          price is determined on the basis of the sum of the value
conferred on it by the Treaty, must take the necessary           of competing products ; whereas those products are
measures to ensure that the common agricultural policy           defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
continues to operate in the dried fodder sector and, in
particular, that the abovementioned supplementary aid
continues to be granted ;
                                                                 Whereas, pursuant to Article 1 1 of Regulation (EEC) No
Whereas, owing to the lack of a guide price for dried             1417/78, when forward prices differ from that applying in
 fodder, an intervention price for barley and of the percen­     the month when the application is lodged, the aid rate is
tages referred to in Article 5 of Regulation (EEC) No            adjusted by a correcting amount calculated from the trend
 111 7/78 for the 1991 /92 marketing year the rate of aid in     of forward prices ;
advance for this marketing year has only been able to be
calculated provisionally to agree the Commission's price
proposals to the Council ; whereas this amount should,
therefore, only be applied provisionally and should be           Whereas, where the average world market price is deter­
confirmed or replaced once the target price for dried            mined in accordance with Article 3 of Regulation (EEC)
fodder, the intervention price for barley and the percen­        No 1417/78, the corrective amount must be equal to the
tages referred to in Article 5 of Regulation (EEC) No            difference between the average world market price and
 1117/78 for the 1991 /92 marketing year are known ;             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 the average world market price is determined for         month other than that in which the aid is introduced,
a bulk pelleted product, delivered to Rotterdam, of the
standard quality for which the guide price has been fixed ;
                                                                 (') OJ No  L  171 , 28 . 6. 1978 , p. 1 .
                                                                 0   OJ No  L  118 , 29 . 4. 1989, p. 1 .
(■) OJ No L 142, 30, 5 . 1978 , p. 1 .                           0   OJ No  L  179 , 1 . 7. 1978, p. 10 .
 2) OJ No L 218 , 28 . 7. 1989, p. 1 .                           (*) OJ No  L  162,  28 . 6. 1990, p. 21 .
 ---pagebreak--- No L 110/32                             Official Journal of the European Communities                                1 . 5 . 91
adjusted by the percentage fixed under Article 5 (2) of           Whereas, as the result of the applications of all these
Regulation (EEC) No 1117/78 ; whereas where the average           provisions to the offers and quotations which the
forward world market price for one or more months                 Commission has recorded, the rate of the additional aid
cannot be determined by applying the criteria laid down           for dried fodder must be fixed as indicated in the table
in Article 3(3) of Regulation (EEC) No 1528/78, the               annexed to this Regulation,
corrective amount must be fixed for the month or months
in question at a level such that the aid is equal to zero ;
Whereas, if the aid system is to operate normally, refunds        HAS ADOPTED THIS REGULATION
should be calculated on the following basis ;
— in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band                                  Article 1
     of 2,25 % , a conversion rate based on their central
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 ( 1 ) of Council Regula­     1 . The rate of the aid referred to in Article 5 (3) of
     tion (EEC) No 1676/85 ('), as last amended by Regula­        Regulation (EEC) No 1117/78 is fixed in the Annex to
     tion (EEC) No 2205/90 (2),                                   this Regulation .
— for the other currencies, an exchange rate based on an          2.    However, the rate of aid fixed in advance for the
     average of the ecu rates published in the Official           1991 /92 marketing year shall be confirmed or replaced
    Journal of the European Communities, C series, over           with effect from 1 May 1991 to take account of the guide
     a period to be determined, multiplied by the coeffi­         price for dried fodder, the intervention price for barley
     cient referred to in the preceding indent ;                  and the percentages referred to in Article 5 of Regulation
Whereas the rate of the additional aid must be fixed once         (EEC) No 1117/78 for the 1991 /92 marketing year.
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 May 1991 .
two Member States is to be adjusted by an amount equal
to the amount of customs duties on imports of these               It shall apply until 26 May 1991 .
products from third countries ; whereas, in addition, in
Spain the amount is to be adjusted by the difference,             The provisions of this Regulation shall apply without
multiplied by the percentage referred to in Article 5 (2) of      prejudice to the decisions to be adopted by the Council in
Regulation (EEC) No 1117/78, between the guide price              accordance with Article 5 of Regulation (EEC) No
applied in Spain and the common guide price ;                      1117/78 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 April 1991 .
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                       Member of the Commission
(') OJ No L 164, 24. 6. 1985, p. 1 .
(2) OJ No L 201 , 31 . 7. 1990, p. 9.
 ---pagebreak---    1 . 5 . 91                                     Official Journal of the European Communities                                                  No L 110/33
                                                                              ANNEX
                           to the Commission Regulation of 30 April 1991 fixing the rate of the aid for dried fodder
  Aid applicable from 1 May 1991 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                                                  66,975              42,773            45,496                  46,221                      12,556
   13,281
  Aid in case of advance fixing for the           month of :
                                                                                                                                                       (ECU/tonne)
  June 1991 (')                                        43,301              46,028            46,749                  13,088                      13,809
  July 1991 (')                                        62,023              64,891             65,471                 31,951                      32,531
  August 1991 (')                                      62,193              65,061            65,641                  32,121                      32,701
  September 1991 (')                                   61,568              64,432            65,016                  31,492                      32,076
  October 1991 (2)                                      0,000               0,000              0,000                  0,000                       0,000
  November 1991 (2)                                     0,000               0,000              0,000                  0,000                       0,000
  December 1991 (2)                                     0,000               0,000              0,000                  0,000                       0,000
  January 1992 (2)                                      0,000               0,000              0,000                  0,000                       0,000
  February 1 992 (2)                                    0,000               0,000              0,000                  0,000                       0,000
  March 1992 (2)                                        0,000               0,000              0,000                  0,000                       0,000
  (') Rate fixed provisionally, pending and subject to the setting of the prices and related measures for the 1991 /92 marketing year, on the basis in particular of
       the commission's proposals for the 1991 /92 marketing year as regards :
       (a) the guide pride for dried fodder ;
       (b) the percentage referred to in Article 5 of Regulation (EEC) No 1117/78 ;
      (c)  the intervention price for barley.
  (2) In   accordance with Article 6 (b) of Regulation (EEC) No 1528/78.