31988R1517

1 . 6 . 88 No L 135/56 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1517/88 of 31 May 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 Portugal, 19 June 1978 on the aid system for dried fodder (3), as last 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 value 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 Whereas, in order to determine the rate of aid, calcula­ the month when the application is lodged, the aid rate is 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 . (4) OJ No L 113, 30 . 4. 1987, p. 13 . (') OJ No L 142, 30 . 5. 1978, p. 1 . (*) OJ No L 179, 1 . 7. 1987, p. 10 . (*) OJ No L 377, 31 . 12. 1987, p. 35 . (6) OJ No L 210, 1 . 8 . 1987, p. 63 .

1 . 6 . 88 Official Journal of the European Communities No L 135/57

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 1 1 17/78 ; 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 V>f these in question at a level such that the aid is equal to zero j 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 the 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 June 1988 to take accotint 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 June 1988.

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

Done at Brussels, 31 May 1988 .

For the Commission Frans ANDRIESSEN Vice-President

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

No L 135/58 1 . 6 . 88 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 31 May 1988 fixing the rate of the aid for dried fodder

Aid applicable from 1 June 1988 to dried fodder

(ECU/tonne)

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

1 Other Other Spain Portugal Member Spain Portugal Membef States States

Aid 43,546 (') 63,481 (') 65,606 (') 0,546 (') 20,481 (') 22,606 (')

Aid in case of advance fixing for the month of :

(ECU/tonne)

July 1988 (') 49,051 60,090 71,111 6,051 26,090 28,1 1 1 49,051 60,090 71,111 6,051 26,090 28,111 August 1988 (') 48,545 68,574 70,605 5,545 25,574 27,605 September 1988 (') October 1988 (') 55,950 76,118 78,010 12,950 33,118 35,010 November 1988 (') 55,559 75,720 77,619 12,559 32,720 34,619 December 1988 (') 55,821 75,987 77,881 12,821 32,987 34,881 January 1989 (') 55,377 75,534 77,437 12,377 32,534 34,437 55,377 75,534 77,437 12,377 32,534 . 34,437 February 1989 (') March 1989 (') 55,377 75,534 77,437 12,377 32,534 34,437

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