31987R1222

No L 115/52 Official Journal of the European Communities 1 . 5 . 87

COMMISSION REGULATION (EEC) No 1222/87 of 30 April 1987 fixing the rate of the additional aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 5 and 155 thereof,

Whereas, under Council Regulation (EEC) No 1417/78 of Having regard to the Act of Accession of Spain and 19 June 1978 on the aid system for dried fodder (3), as last Portugal, amended by Regulation (EEC) No 1173/87 (4), 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 Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the actual purchase possibilities excepting those which cannot market in dried fodder ('), as last amended by Regulation be considered representative of the real market trend ; (EEC) No 1985/86 (2), and in particular Article 5 (3) whereas offers and quotations recorded during the first 25 thereof, 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 market price thus deter­ Having regard to the opinion of the Monetary Committee, mined is used to fix the supplementary aid rate applicable on the following month ;

Whereas, under Article 5 ( 1 ) of Regulation (EEC) No 1117/78, when the guide price is higher than the average world market price, a supplementary aid is given for dried Whereas the necessary adjustments must be made in the fodder as described under Article 1 (b) and (c) of that case of offers and quotations not of the type referred to Regulation obtained from fodder plants harvested in the above ; whereas these adjustments were defined in Article Community ; whereas this aid is equal to a percentage of 3 of Commission Regulation (EEC) No 1528/78 of 30 the difference between these two prices ; June 1978 laying down detailed rules for the application of the system of aid for dried fodder (*), as last amended by Regulation (EEC) No 1210/87 (^ ; Whereas the Council has not yet adopted the guide price for the 1987/88 marketing year ; whereas the Commis­ sion, in virtue of the powers conferred on it by the Treaty, must take the necessary measures to ensure that the common agricultural policy continues to operate in the Whereas, when no offer of or quotation for the products dried fodder sector and, in particular, that the abovemen­ described in the first indent of Article 1 (b) of Regulation tioned supplementary aid continues to be granted ; (EEC) No 1117/78 can be used to determine the average world market price, it is to be determined from offers on the world market of, and quotations on, the exchanges Whereas, in order to determine the rate of supplementary important for international trade for the products aid, calculations should be based, on the one hand, on a described in the second indent of Article 1 (b) of Regula­ price equal to the guide price fixed for the 1986/87 tion (EEC) No 1117/78 ; marketing year and, on the other hand, on percentages similar to those fixed for that marketing year under Article 5 (2) of Regulation (EEC) No 1117/78 ;

Whereas, under Article 3 of Regulation (EEC) No Whereas, since the intervention price for barley in 1417/78, when no offer or quotation can be used to deter­ 1987/ 88 was not available, the amounts of aid for the mine the average world market price, this price is deter­ months concerned, where advance fixing takes place, were mined on the basis of he sum of the value of competing fixed on the basis of Commission proposals to the products ; whereas those products are defined in Article 3 Council ; whereas those amounts must be applied on a (3) of Regulation (EEC) No 1528 /78 ; provisional basis and must be confirmed or replaced when the 1987/88 prices are known ; (3) OJ No L 171 , 28 . 6. 1978 , p. 1 . (<) OJ No L 218 , 27. 7. 1982, p . 2. (■) OJ No L 142, 30. 5. 1978 , p. 1 . O OJ No L 179, 1 . 7. 1978 , p. 10 . h) OJ No L 171 , 28 . 6. 1986, p. 4. f) See page 28 of this Official Journal

1 . 5 . 87 No L 115/53 Official Journal of the European Communities

Whereas, under Article 11 of Regulation (EEC) No these currencies recorded over a given period in rela­ 1417/78 , when forward prices differ from that applying in tion to the Community currencies referred to in the the month when the application is lodged, the supple­ previous indent and the aforesaid coefficient ; mentary aid rate is adjusted by a correcting amount calcu­ lated from the trend of forward prices ; Whereas the rate of the additional aid must be fixed once per month so as to ensure application of the aid from the first day of the month following the date of its fixing ; Whereas the correcting amount is equal to the difference between the average world market price and the average forward world market price multiplied by the percentage Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of fixed in Article 3 of Council Regulation (EEC) No Accession, the Spanish price must be aligned with the 1315/85 ('); whereas when for one of the months follo­ common price in accordance with the method laid down in Article 70 of that Act : wing that of the introduction of supplementary aid the average forward world market price cannot be determined by applying the criteria specified in Article 1 of Regula­ tion (EEC) No 1417/78, the price determined for the Whereas, pursuant to Articles 120 (2) and 306 (2) of the previous month is used to calculate the difference ; Act of Accession, the additional aid applicable in these whereas when for two or more consecutive months follo­ two Member States is to be adjusted by an amount equal wing that of the introduction of supplementary aid, the to the incidence of customs duties on imports of these average forward world market prices cannot be deter­ products from third countries ; whereas, in addition, in mined by applying the criteria set out in Article 1 of Spain the amount is to be adjusted by the difference, Regulation (EEC) No 1417/78, the prices for the months multiplied by the percentage referred to in Article 5 (2) of in question are determined by applying the criteria laid Regulation (EEC) No 1117/78 , between the guide price down in Article 3 of Regulation (EEC) No 1417/78 ; applied in Spain and the common guide price ;

Whereas, as the result of the applications of all these provisions to the offers and quotations which the Whereas, where the average world market price is deter­ Commission has recorded, the rate of the additional aid mined in accordance with Article 3 of Regulation (EEC) for dried fodder must be fixed as indicated in the table No 1417/78, the corrective amount must be equal to the annexed to this Regulation, difference between the average world market price and 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 mpnth other than that in which the aid is introduced, adjusted by the percentage fixed under Article 5 (2) of Regulation (EEC) No 1 1 17/78 for the product concerned ; HAS ADOPTED THIS REGULATION : whereas where the average forward world market price for one or more months cannot be determined by applying the criteria laid down in Article 3 (3) of Regulation (EEC) No 1528 /78 , the corrective amount must be fixed for the month or months in question at a level such that the supplementary aid is equal to zero ; Article 1

1 . The rate of the aid referred to in Article 5 (3) of Whereas, if the aid system is to operate normally, refunds Regulation (EEC) No 1117/78 is fixed in the Annex to should be calculated on the following basis ; this Regulation.

— in the case of currencies which are maintained in rela­ 2. The amounts of aid shall be confirmed or replaced tion to each other at any given moment within a band with effect from 1 May 1987 to take account of the of 2,25 % , a rate of exchange based on their central Council decisions applicable for the 1987/88 marketing rate, multiplied by the corrective factor provided for in year. the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 (2),

— for other currencies, an exchange rate based on the Article 2 arithmetic mean of the spot market rates of each of

(') OJ No L 137, 27. 5. 1985, p. 28 . (2) OJ No L 164, 24. 6. 1985, p. 1 . This Regulation shall enter into force on 1 May 1987.

No L 115/54 Official Journal of the European Communities 1 . 5 . 87

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

Done at Brussels, 30 April 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 30 April 1987 fixing the rate of the additional aid for dried fodder

Additional aid applicable from 1 May 1987 to dried fodder

(ECU/tonne) Dehydrated fodder ex 12.10 B Fodder otherwise dried Protein concentrates ex 23.06 B ex 12.10 B Other Other Spain Portugal Member Spain Portugal Member States States

Additional aid 75,385 0 95,612 97,445 (■) 37,693 (') 47,806 0) 48,723 (')

Additional aid in case of advance fixing for the month of :

(ECU/tonne)

June 1987 (') 76,668 96,924 98,728 38,334 48,462 49,364 July 1987 (') 72,189 92,344 94,249 36,095 46,172 47,125 August 1987 (') 72,189 92,344 94,249 36,095 46,172 47,125 September 1987 (') 71,825 91,972 93,885 35,913 45,986 46,943 October 1987 0 71,940 92,089 94,000 35,970 46,045 47,000 November 1987 (') 71,223 91,356 93,283 35,612 45,678 46,642 December 1987 0 71,223 91,356 93,283 35,612 45,678 46,642 January 1988 0 0,000 0,000 0,000 0,000 0,000 0,000 February 1988 0 0,000 0,000 0,000 0,000 0,000 0,000 March 1988 0 0,000 0,000 0,000 0,000 0,000 0,000

(') Subject to the Council decision on the prices and related measures for the 1987/88 marketing year. P) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78 .