31988R0267

No L 26/45 30 . 1 . 88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 267/88

of 29 January 1988

fixing the rate of the 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 Article 5 thereof, Whereas, under Council Regulation (EEC) No 1417/78 of

19 June 1978 on the aid system for dried fodder (*), as last

amended by Regulation (EEC) No 1173/87 {% the average Having regard to the Act of Accession of Spain and world market price for the products described in the first Portugal, indent 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 Having regard to Council Regulation (EEC) No 1117/78 be considered representative of the real market trend ; of 22 May 1978 on the common organization of the whereas offers and quotations recorded during the first 25 market in dried fodder ('), as last amended by Regulation days of the month in question for quantities that can be (EEC) No 3996/87 (2), and in particular Article 5 (3) delivered during the following calendar month are to be thereof, used ; whereas the average world market price thus deter­ mined is used to fix the supplementary aid rate applicable

on the following month ; Having regard to the opinion of the Monetary Committee,

Whereas the necessary adjustments must be made in the Whereas, under Article 5 (1 ) of Regulation (EEC) No case of offers and quotations not of the type referred to 1117/78, when the guide price is higher than the average above ; whereas these adjustments were defined in Article world market price, aid is given for dried fodder as 3 of Commission Regulation (EEC) No 1528/78 of 30 described under Article 1 (b) and (c) of that Regulation obtained from fodder plants harvested in the Commu­ June 1978 laying down detailed rules for the application of the system of aid for dried fodder (^ as last amended nity ; whereas this aid is equal to a percentage of the difference between these two prices for dehydrated fodder by Regulation (EEC) No 2334/87 (8) ;

and for protein concentrates ; whereas the aid for fodder

otherwise dried includes an amount to be deducted , 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 this percentage and the guide price were fixed world market price, it is to be determined from offers on by Council Regulation (EEC) No 1961 /87 of 2 July 1987 the world market of, and quotations on, the exchanges fixing the guide price for dried fodder for the 1987/88 marketing year (3) ; important for international trade for the products described in the second indent of Article 1 (b) of Regula­

tion (EEC) No 1 1 17/78 ; •

Whereas Commission Regulation (EEC) No 2334/87 (),

fixed the rate referred to in Article 5 (2) of Regulation Whereas, under Article 3 of Regulation (EEC) No (EEC) No 1117/78 ; 1417/78, when no offer or quotation can be used to deter­

mine the average world market price, this price is deter­ mined on the basis of he sum of the value of competing Whereas, in the absence of the guide price for dried products ; whereas those products are defined in Article 3 fodder and of the percentage referred to in Article 5 of (3) of Regulation (EEC) No 1528/78 ; Regulation (EEC) No 1117/78 and of the intervention price for barley for the 1988/89 marketing year, the rate of the aid in case of advance fixing for the months Whereas, under Article 11 of Regulation (EEC) No concerned has been obtainable only provisionally and 1417/78, when forward prices differ from that applying in should be confirmed or replaced once the guide price and the month when the application is lodged, the aid rate is the percentages referred to in Article 5 df Regulation adjusted by a correcting amount calculated from the trend (EEC) No 1117/78 and of the intervention price for barley of forward prices ; for the 1988/89 marketing year are known ;

n OJ No L 171 , 28 . 6. 1978, p. 1 . (') OJ No L 142, 30. 5. 1978, p. 1 . f6) OJ No L 113, 30. 4. 1987, p. 13. (2) OJ No L 377, 31 . 12. 1987. P) OJ No L 179, 1 . 7. 1978, p. 10. (3) OJ No L 184, 3. 7. 1987, p. 7. (8) OJ No L 210, 1 . 8. 1987, p. 63. (4) OJ No L 210, 1 . 8 . 1987, p. 63.

No L 26/46 Official Journal of the European Communities 30 . 1 . 88

whereas the correcting amount is equal to the difference tion (EEC) No 1676/85 (2), as last amended by Regula­ between the average world market price and the average tion (EEC) No 1636/87 (3) ; forward world market price multiplied by the percentage — for other currencies, an exchange rate based on the fixed in Article 3 of Council Regulation (EEC) No arithmetic mean of the spot market rates of each of 1315/85 ('); whereas when for one of the months fol­ these currencies recorded over a given period in rela­ lowing that of the introduction of aid the average forward tion to the Community currencies referred to in the world market price cannot be determined by applying the previous indent and the aforesaid coefficient ;

criteria specified in Article 1 of Regulation (EEC) No 1417/78, the price determined for the previous month is Whereas, pursuant to Articles 120 (2) and 306 (2) of the used to calculate the difference ; whereas when for two or Act of Accession, the aid applicable in these two Member more consecutive months following that of the introduc­ States is to be adjusted by an amount equal to the inci­ tion of aid, the average forward world market prices dence of customs duties on imports of these products cannot be determined by applying the criteria set out in from third countries ; whereas, in addition, in Spain the Article 1 of Regulation (EEC) No 1417/78, the prices for amount is to be adjusted by the difference, multiplied by the months in question are determined by applying the the percentage and the amount referred to in Article 5 (2) criteria laid down in Article 3 of Regulation (EEC) No of Regulation (EEC) No 1117/78, between the guide price 1417/78 ; applied in Spain and the common guide price ;

Whereas, where the average world market price is deter­ Whereas, as the result of the applications of all these mined in accordance with Article 3 of Regulation (EEC) provisions to the offers and quotations which the No 1417/78, the corrective amount must be equal to the Commission has recorded, the rate of the aid for dried difference between the average world market price and fodder must be fixed as indicated in the table annexed to the average forward world market price determined by this Regulation, applying the criteria laid down in Article 3 (3) of Regula­ tion (EEC) No 1528/78 and valid for delivery during a

month other than that in which the aid is introduced, HAS ADOPTED THIS REGULATION : adjusted by the percentage fixed under Article 5 (2) of

Regulation (EEC) No 1117/78 for the product concerned ; Article 1 whereas where the average forward world market price for one or more months cannot be determined by applying 1 . The rate of the aid referred to in Article 5 (3) of the criteria laid down in Article 3 (3) of Regulation (EEC) Regulation (EEC) No 1117/78 is fixed in the Annex to No 1528 /78 , the corrective amount must be fixed for the this Regulation. month or months in question at a level such that the aid is equal to zero ; 2. The rate of the aid in case of advance fixing for the

1988/89 marketing year shall, however, be confirmed or Whereas, if the aid system is to operate normally, refunds replaced with effect from 1 February 1988 to take into should be calculated on the following basis ; account the prices and measures in the Annex fixed for — in the case of currencies which are maintained in rela­ the 1988/89 marketing year. tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central Article 2

rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 ( 1 ) of Council Regula­ This Regulation shall enter into force on 1 February 1988.

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

States .

Done at Brussels, 29 January 1988 .

For the Commission

Frans ANDRIESSEN

Vice-President

2) OJ No L 164, 24. 6. 1985, p. 1 . (') OJ No L 137, 27. 5. 1985, p. 28 . 0 OJ No L 153, 13. 6. 1987, p. 1 .

No L 26/47 30 . 1 . 88 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 29 January 1988 fixing the rate of the aid for dried fodder

Aid applicable from 1 February 1988 to dried fodder

(ECU/tonne)

Fodder dehydrated by artificial heat-drying Fodder otherwise dried Protein concentrates

Other Other Member Spain Portugal Member Spain Portugal States States

88,780 23,720 44,090 45,780 Aid 66,720 87,090

Aid in case of advance fixing for the month of :

(ECU/tonne)

88,874 23,814 44,186 45,874 March 1988 66,814 87,186 92,120 27,060 47,493 49,120 70,060 90,493 April 1988 29,287 49,761 51,347 72,287 92,761 94,347 May 1988 (') 94,347 29,287 49,761 51,347 72,287 92,761 June 1988 (') 94,351 29,291 49,765 51,351 72,291 92,765 July 1988 0 94,351 29,291 49,765 51,351 72,291 92,765 August 1988 0 0,000 0,000 0,000 0,000 0,000 0,000 September 1988 0 0,000 0,000 0,000 0,000 0,000 0,000 October 1988 0

and related measures for that marketing year. (') Subject in the case of advance fixing for the 1988/89 marketing year to the adoption of prices (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.