CELEX: 31991R3846
Language: en
Date: 1991-12-31 00:00:00
Title: Commission Regulation (EEC) No 3846/91 of 30 December 1991 fixing the rate of the aid for dried fodder

31 . 12. 91                                 Official Journal of the European Communities                               No L 362/35
                                        COMMISSION REGULATION (EEC) No 3846/91
                                                        of 30 December 1991
                                            fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           above ; whereas these adjustments were defined 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 (6), as last amended
                                                                      by Regulation (EEC) No 1757/90 0 ;
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
 1 1 1 7/78, 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 1 1 17/78 ; 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 111 0/89 (5), 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 0,
(')  OJ   No  L 142,  30.  5. 1978,  p. 1.
O    OJ   No  L 218,  28.  7. 1989,  p. 1.                             (6) OJ  No  L  179,  1 . 7. 1978, p. 10.
O    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 .
0    OJ   No  L 118,  29.  4. 1989,  p. 1.                             0   OJ  No  L  201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- No L 362/36                          Official Journal of the European Communities                                 31 . 12. 91
— 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 January 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 December 1991 .
                                                                          For the Commission
                                                                            Ray MAC SHARRY
                                                                      Member of the Commission
 ---pagebreak--- 31 . 12. 91                                  Official Journal of the European Communities                              No L 362/37
                                                                      ANNEX
                   to the Commission Regulation of 30 December 1991 fixing the rate of the aid for dried
                                                                       fodder
Aid applicable from 1st January 1992 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                                              78,062           77,752             78,062  44,812                     45,122
Aid in case of advance fixing for the month of :
                                                                                                                              (ECU/tonne)
February 1992                                    77,901           77,591             77,901  44,651                     44,961
March 1992                                       77,774           77,463             77,774  44,523                     44,834
April 1992                                       76,231           75,914             76,231  42,974                     43,291
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                                     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 (EEC) No 1528/78 .