31988R0868

No L 87/64 Official Journal of the European Communities 31 . 3 . 88

COMMISSION REGULATION (EEC) No 868/88 of 30 March 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 Having regard to the Act of Accession of Spain and amended by Regulation (EEC) No 1 173/87 (% the average Portugal, 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 actual purchase possibilities excepting those which cannot of 22 May 1978 on the common organization of the be considered representative of the real market trend ; market in dried fodder ('), as last amended by Regulation whereas offers and quotations recorded during the first 25 (EEC) No 3996/87 (2), and in particular Article 5 (3) days of the month in question for quantities that can be thereof, delivered during the following calendar month are to be used ; whereas the average world market price thus deter­ mined is used to fix the supplementary aid rate applicable Having regard to the opinion of the Monetary Committee, on the following month ;

Whereas, under Article 5 (1 ) of Regulation (EEC) No Whereas the necessary adjustments must be made in the 1117/78, when the guide price is higher than the average case of offers and quotations not of the type referred to world market price, aid is given for dried fodder as above ; whereas these adjustments were defined in Article described under Article 1 (b) and (c) of that Regulation 3 of Commission Regulation (EEC) No 1528/78 of 30 obtained from fodder plants harvested in the Commu­ June 1978 laying down detailed rules for the application nity ; whereas this aid is equal to a percentage of the of the system of aid for dried fodder (*), as last amended 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 Whereas this percentage and the guide price were fixed (EEC) No 1117/78 can be used to determine the average by Council Regulation (EEC) No 1961 /87 of 2 July 1987 world market price, it is to be determined from offers on fixing the guide price for dried fodder for the 1987/88 the world market of, and quotations on, the exchanges marketing year (3) ; important for international trade for the products described in the second indent of Article 1 (b) of Regula­ tion (EEC) No 1117/78 ; Whereas Commission Regulation (EEC) No 2334/87 (4), fixed the rate referred to in Article 5 (2) of Regulation (EEC) No 1117/78 ; Whereas, under Article 3 of Regulation (EEC) No 1417/78 , when no offer or quotation can be used to deter­ mine the average world market price, this price is deter­ Whereas, in the absence of the guide price for dried mined on the basis of he sum of the value of competing fodder and of the percentage referred to in Article 5 of products ; whereas those products are defined in Article 3 Regulation (EEC) No 1117/78 and of the intervention (3) of Regulation (EEC) No 1528/78 ; price for barley for the 1988/89 marketing year, the rate of the aid in case of advance fixing for the months concerned has been obtainable only provisionally and Whereas, under Article 11 of Regulation (EEC) No should be confirmed or replaced once the'guide price and 1417/78, when forward prices differ from that applying in the percentages referred to in Article 5 of Regulation the month when the application is lodged, the aid rate is (EEC) No 1 1 17/78 and of the intervention price for barley adjusted by a correcting amount calculated from the trend for the 1988/89 marketing year are known ; of forward prices ;

(') OJ No L 142, 30 . 5. 1978, p. 1 . 0 OJ No L 171 , 28. 6. 1978, p. 1 . 0 OJ No L 377, 31 . 12. 1987, p. 34. («) OJ No L 113, 30. 4. 1987, p. 13. 3) OJ No L 184, 3. 7. 1987, p. 7. 0 OJ No L 179, 1 . 7. 1978, p. 10 . (*) OJ No L 210, 1 . 8. 1987, p. 63. (') OJ No L 210, 1 . 8 . 1987, p. 63.

31 . 3 . 88 Official Journal of the European Communities No L 87/65

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 fjrom 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 Jhe 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) No 1528/78, the corrective amount must be fixed for the Regulation (EEC) No 1117/78 is fixed in the Annex to 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 April 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 April 1988 .

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

Done at Brussels, 30 March 1988 . For the Commission Frans ANDRIESSEN Vice-President

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

No L 87/ 66 Official Journal of the European Communities 31 . 3 . 88

ANNEX

to the Commission Regulation of 30 March 1988 fixing the rate of the aid for dried fodder

Aid applicable from 1 April 1988 to dried fodder

(ECU/tonne)

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

Other Other Spain Portugal Member Spain Portugal Member States States

Aid 59,854 80,095 81,914 16,854 37,095 38,914

Aid in case of advance fixing for the month of :

(ECU/tonne)

May 1988 (') 62,095 82,378 84,155 19,095 39,378 41,155 June 1988 (') 62,450 82,740 84,510 19,450 39,740 41,510 July 1988 0 65,031 85,369 87,091 22,031 42,369 44,091 August 1988 0 65,031 85,369 87,091 22,031 42,369 44,091 September 1988 0 64,205 84,528 86,265 21,205 41,528 43,265 October 1988 0 64,934 85,270 86,994 21,934 42,270 43,994 November 1988 0 64,436 84,763 86,496 21,436 41,763 43,496 December 1988 0 64,436 84,763 86,496 21,436 41,763 43,496 January 1 989 0 0,000 0,000 0,000 0,000 0,000 0,000 February 1989 0 0,000 0,000 0,000 0,000 0,000 0,000 March 1989 0 0,000 0,000 0,000 0,000 0,000 0,000

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