31988R1192

30 . 4. 88 No L 111 /84 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1192/88

of 29 April 1988

fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, provisional basis and must be confirmed or replaced when the 1988/89 prices are known ;

Having regard to the Treaty establishing the European Whereas the average world market price is determined for Economic Community, and in particular Articles 5 and a bulk pelleted product, delivered to Rotterdam, of the 155 thereof, standard quality for which the guide price has been fixed ;

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 and third indents of Article 1 (b) of Regulation (EEC) No Having regard to Council Regulation (EEC) No 1117/78 1117/78 is to be determined on the basis of the most of 22 May 1978 on the common organization of the favourable actual purchase possibilities excepting those market in dried fodder ('), as last amended by Regulation which cannot be considered representative of the real (EEC) No 3996/87 (2), and in particular Article 5 (3) market trend ; whereas offers and quotations recorded thereof, 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 Having regard to the opinion of the Monetary Committee, market price thus determined is used to fix the 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 Whereas the necessary adjustments must be made in the world market price, aid is granted for dried fodder as case of offers and quotations not of the type referred to described under Article 1 (b) and (c) of that Regulation above ; whereas these adjustments were defined in Article obtained from fodder plants harvested in the Commu­ 3 of Commission Regulation (EEC) No 1528/78 of 30 nity ; whereas that aid takes account of a percentage of June 1978 laying down detailed rules for the application the difference between these two prices ; of the system of aid for dried fodder (*), as last amended by Regulation (EEC) No 2334/87 (*);

Whereas the Council has not yet adopted the guide price Whereas, in accordance with Article 3 of Regulation for the 1988/89 marketing year which begins on 1 May (EEC) No 1417/78, when no offer or quotation can be 1988 ; whereas the Commission, in virtue of the powers used to determine the average world market price, that conferred on it by the Treaty, must take the necessary price is determined on the basis of he sum of the valu^of measures to ensure that the common agricultural policy competing products ; whereas those products are defined continues to operate in the dried fodder sector and, in in Article 3 (3) of Regulation (EEC) No 1528/78 ; particular, that the abovementioned aid continues to be granted ; Whereas, pursuant to Article 11 of Regulation (EEC) No 1417/78 , when forward prices differ from that applying in the month when the application is lodged, the aid rate is Whereas, in order to determine the rate of aid, calcula­ tions should be based, on the one hand, on a price equal adjusted by a correcting amount calculated from the trend of forward prices ; to the guide price fixed for the 1987/88 marketing year and, on the other hand, on a percentage similar to that fixed for that marketing year under Article 5 (2) of Regu­ Whereas, where the average world market price is deter­ lation (EEC) No 1117/78 ; mined in accordance with Article 3 of Regulation (EEC) No 1417/78, the corrective amount must be equal to the difference between the average world market price and Whereas, since the intervention price for barley in the average forward world market price determined by 1988/89 was not available, the amounts of aid for the applying the criteria laid down in Article 3 (3) of Regula­ months concerned, where advance fixing takes place, were tion (EEC) No 1528/78 and valid for delivery during a fixed on the basis of Commission proposals to the Council ; whereas those amounts must be applied on a (3) OJ No L 171 , 28 . 6. 1978, p. 1 . (<) OJ No L 113, 30. 4. 19'87, p. 13. (*) OJ No L 179, 1 . 7. 1987, p. 10. (•) OJ No L 142, 30 . 5. 1978 , p. 1 . (6) OJ No L 210, 1 . 8. 1987, p. 63. (z) OJ No L 377, 31 . 12. 1987, p. 35.

30 . 4. 88 Official Journal of the European Communities No L 111 /85

month other than that in which the aid is introduced, common price in accordance with the method laid down adjusted by the percentage fixed under Article 5 (2) of in Article 70 of that Act ; Regulation (EEC) No 111 7/78 ; whereas where the average forward world market price for one or more months Whereas, pursuant to Articles 120 (2) and 306 (2) of the cannot be determined by applying the criteria laid down Act of Accession, the additional aid applicable in these in Article 3 (3) of Regulation (EEC) No 1528/78, the two Member States is to be adjusted by an amount equal corrective amount must be fixed for the month or months to the amount of customs duties on imports of these in question at a level such that the aid is equal to zero ; products from third countries ; whereas, in addition, in Spain the amount is to be adjusted by the difference, Whereas it has not yet been possible to fix the fixed multiplied by the percentage referred to in Article 5 (2) of amount referred to in the second subparagraph of Article Regulation (EEC) No 1117/78, between the guide price 3 (3) of Regulation (EEC) No 1528/78 as regards barley applied in Spain and t^ie common guide price ; for the 1988/89 marketing year ; Whereas, as the result of the applications of all these Whereas, if the aid system is to operate normally, refunds provisions to the offers and quotations which the should be calculated on the following basis ; Commission has recorded, the' rate of the additional aid — in the case of currencies which are maintained in rela­ for dried fodder must be fixed as indicated in the table tion to each other at any given moment within a band annexed to this Regulation, of 2,25 % , a conversion rate based on their central rate, multiplied by the corrective factor provided for in HAS ADOPTED THIS REGULATION : the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 ('), as last amended by Regula­ Article 1 tion (EEC) No 1 636/87 (2), — for other currencies a conversion rate based on the 1 . The rate of the aid referred to in Article 5 (3) of arithmetic mean of the spot market rates of each of Regulation (EEC) No 1117/78 shall be as fixed in the these currencies recorded over a given period in rela­ Annex to this Regulation. tion to the Community currencies referred to in the previous indent and on the aforesaid corrective factor ; 2. The amounts of aid shall be confirmed or replaced with effect from 1 May 1988 to take account of the Whereas the rate of the additional aid must be fixed once Council decisions applicable for the 1988/89 marketing per month so as to ensure application of the aid from the year. first day of the month following the date of its fixing ;

Article 2 Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of Accession, the Spanish price must be aligned with the This Regulation shall enter into force on 1 May 1988.

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

Done at Brussels, 29 April 1988 .

For the Commission

Frans ANDRIESSEN

Vice-President

t

(') OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 153, 13. 6. 1987, p. 1 .

30 . 4 . 88 No L 111 /86 Official Journal of the European Communities

ANNEX

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

Aid applicable from 1 May 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

70,944 (') 72,931 (') 7,871 (*) 27,944 (') 29,931 0 Aid 50,871 (')

Aid in case of advance fixing for the month of :

(ECU/tonne)

73,878 8,818 28,908 30,878 51,818 71,908 June 1988 (') 78,681 13,621 33,802 35,681 56,621 76,802 July 1988 (') 78,681 13,621 33,802 35,681 56,621 76,802 August 1988 (') 78,178 13,118 33,289 35,178 56,118 76,289 September 1988 0 82,014 16,954 37,197 39,014 59,954 80,197 October 19880 79,811 81,635 16,575 36,811 38,635 November 1988 0 59,575 79,811 81,635 16,575 36,811 38,635 December 1988 0 59,575 81,215 16,155 36,383 38,215 59,155 79,383 January 1989 0 81,215 16,155 36,383 38,215 59,155 79,383 February 1989 (') 81,215 16,155 36,383 38,215 59,155 79,383 March 1989 0

(l) Subject to the adoption of prices and related measures for the 1988/89 marketing year.