31985R3749

31 . 12 . 85 Official Journal of the European Communities No L 356/37

COMMISSION REGULATION ( EEC) No 3749/ 85 of 30 December 1985 fixing the rate of the additional aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES , mined is used to fix the supplementary aid rate applicable on the following month ;

Having regard to the Treaty establishing the European Economic Community, Whereas the necessary adjustments must be made in the case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article Having regard to Council Regulation (EEC) No 1117/78 3 of Commission Regulation (EEC) No 1528 /78 of 30 of 22 May 1978 on the common organization of the June 1978 laying down detailed rules for the application market in dried fodder ('), as last amended by Regulation of the system of aid for dried fodder (6), as last amended (EEC) No 1314/85 (2), and in particular Article 5 (3) by Regulation (EEC) No 2079/84 Q ; thereof,

Having regard to the opinion of the Monetary Committee, Whereas when no offer of or quotation for the products described in the first indent of Article 1 (b) of Regulation (EEC) No 1117/78 can be used to determine the average Whereas, under Article 5 ( 1 ) of Regulation (EEC) No world market price it is to be determined from offers on 1117/78 , when the guide price is higher than the average the world market of and quotations on the exchanges world market price a supplementary aid is given for dried important for international trade for the products fodder as described under Article 1 (b) and (c) of that described in the second indent of Article 1 (b) of Regula­ Regulation obtained from fodder plants harvested in the tion ( EEC) No 1117/78 ; Community ; whereas this aid is equal to a percentage of the difference between these two prices ;

Whereas, under Article 3 of Regulation (EEC) No Whereas this percentage and the guide price were fixed 1417/78 , when no offer or quotation can be used to deter­ by Council Regulation ( EEC) No 1315/85 of 23 May 1985 mine the average world market price this price is deter­ fixing for the 1985/86 marketing year the flat-rate mined on the basis of the sum of the value of competing production aid and the guide price for dried fodder (3) ; products ; whereas those products are defined in Article 3 (3) of Regulation (EEC) No 1528 /78 ;

Whereas the average world market price is determined for a bulk pelleted product delivered to Rotterdam of the standard quality for which the guide price has been fixed ; Whereas, under Article 1 1 of Regulation (EEC) No 1417/78 , when forward prices differ from that applying in the month when the application is lodged, the supple­ Whereas, under Council Regulation (EEC) No 1417/78 of mentary aid rate is adjusted by a correcting amount calcu­ 19 June 1978 on the aid system for dried fodder (4), as last lated from the trend of forward prices ; amended by Regulation (EEC) No 2026/82 (^ the average world market price for the products described in the first indent of Article 1 (b) of Regulation (EEC) No 1117/78 is to be determined on the basis of the most favourable Whereas the correcting amount is equal to the difference actual purchase possibilities excepting those which cannot between the average world market price and the average be considered representative of the real market trend ; forward world market price multiplied by the percentage whereas offers and quotations recorded during the first 25 fixed in Article 3 of Regulation ( EEC) No 1221 /83 ; days of the month in question for quantities that can be whereas when for one of the months following that of the delivered during the following calendar month are to be introduction of supplementary aid the average forward used ; whereas the average world market price thus deter­ world market price cannot be determined by applying the criteria specified in Article 1 of Regulation (EEC) No (') OJ No L 142, 30 . 5 . 1978 , p. 1 . 1417/78 , the price determined for the previous month is (2) OJ No L 137, 27 . 5 . 1985, p. 27. (3) OJ No L 137, 27. 5 . 1985, p . 28 . H OJ No L 171 , 28 . 6 . 1978 , p . 1 . («) OJ No L 179, 1 . 7. 1978 , p. 10 . n OJ No L 218 , 27. 7 . 1982, p . 2. 0 OJ No L 192, 20 . 7 . 1984, p. 11 .

No L 356/38 Official Journal of the European Communities 31 . 12 . 85

used to calculate the difference ; whereas, when for two or the last paragraph of Article 3 ( 1 ) of Regulation (EEC) more consecutive months following that of the introduc­ No 1676/ 85 ('), tion of supplementary aid, the average forward world — for other currencies, an exchange rate based on the market prices cannot be determined by applying the arithmetic mean of the spot market rates of each of criteria set out in Article 1 of Regulation (EEC) No these currencies in relation to the Community curren­ 1417/78 , the prices for the months in question are deter­ cies referred to in the previous indent and the afore­ mined by applying the criteria laid down in Article 3 of said coefficient ; Regulation (EEC) No 1417/78 ; Whereas the rate of the additional aid must be fixed once Whereas, where the average world market price is deter­ per month so as to ensure application of the aid from the mined in accordance with Article 3 of Regulation (EEC) first day of the month following the date of its fixing ; No 1417/78, the corrective amount must be equal to the difference between the average world market price and Whereas, as the result of the applications of all these the average forward world market price determined by provisions to the offers and quotations which the applying the criteria laid down in Article 3 (3) of Regula­ Commission has recorded, the rate of the additional aid tion (EEC) No 1528/78 and valid for delivery during a for dried fodder must be fixed as indicated in the table month other than that in which the supplementary aid is annexed to this Regulation , introduced, adjusted by the percentage fixed under Article 5 (2) of Regulation (EEC) No 1117/78 for the product concerned ; whereas where the average forward world HAS ADOPTED THIS REGULATION : market price for one or more months cannot be deter­ mined by applying the criteria laid down in Article 3 (3) of Regulation (EEC) No 1528 /78 , the corrective amount Article 1 must be fixed for the month or months in question at a level such that the supplementary aid is equal to zero ; 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, if the aid system is to operate normally, refunds should be calculated on the following basis : Regulation .

— in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Article 2 of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in This Regulation shall enter into force on 1 January 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 December 1985. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 164, 24. 6. 1985, p. 1 .

31 . 12 . 85 Official Journal of the European Communities No L 356/39

ANNEX

to the Commission Regulation of 30 December 1985 fixing the rate of the additional aid for dried fodder

Additional aid applicable from 1 January 1986 to dried fodder

(ECU / tonne) Dehydrated fodder ex 12.10 B Fodder otherwise dried Protein concentrates ex 23.06 B ex 12.10 B I

Additional aid 59,560 29,780

Additional aid in case of advance fixing for the month of : (ECU / tonne) \

February 1986 59,309 29,655 March 1986 59,309 29,655 April 1986 (2) 60,024 30,012 May 1986 (2) 61,030 30,515 June 1986 (2) 61,461 30,731 0 0 July 1986 (') August 1986 (') 0 0 0 0 September 1986 (') October 1986 (') 0 0

(') In accordance with Article 6 (b) of Regulation (EEC) No 1528 /78 . (2) Subject to the fixing for the 1986/87 marketing year of the guide price for dried fodder and of the percentages mentioned in Article 5 of Regulation (EEC) No 1117/78 .