31988R1895

1 . 7. 88 No L 168 /73 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1895/88 of 30 June 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 Articles 5 and 1 55 thereof, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (3), as last amended by Regulation (EEC) No 1173/87 (4), the average Having regard to the Act of Accession of Spain and world market price for the products described in the first Portugal, and third indents 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 Having regard to Council Regulation (EEC) No 1117/78 which cannot be considered representative of the real of 22 May 1978 on the common organization of the market trend ; whereas offers and quotations recorded market in dried fodder ('), as last amended by Regulation during the first 25 days of the month in question for (EEC) No 3996/87 (2), and in particular Article 5 (3) quantities that can be delivered during the following thereof, calendar month are to be used ; whereas the average world market price thus determined is used to fix the 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 granted for dried fodder as 3 of Commission Regulation (EEC) No 1528/78 of 30 described under Article 1 (b) and (c) of that Regulation June 1978 -laying down detailed rules for the application obtained from fodder plants harvested in the Commu­ of the system of aid for dried fodder ^, as last amended nity ; whereas that aid takes account of a percentage of by Regulation (EEC) No 2334/87 (6) ; the difference between these two prices ;

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 July (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 1 1 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in Whereas the Council has not, to date, adopted the prices the month when the application is lodged, the aid rate is for the 1988/89 marketing year, which commences on 1 adjusted by a correcting amount calculated from the trend July 1988 ; whereas, by virtue of the powers conferred on of forward prices ; it by the Treaty, the Commission must adopt the measures essential to ensure that the common agricultural policy continues to operate in the dried fodder sector and Whereas, where the average world market price is deter­ in particular to ensure that the abovementioned aid conti­ mined in accordance with Article 3 of Regulation (EEC) nues to be granted ; No 1417/78, the corrective amount must be equal to the difference between the average world market price and the average forward world market price determined by Whereas, in order to determine the amount of the aid, applying the criteria laid down in Article 3 (3) of Regula­ account should be taken among the calculation factors of tion (EEC) No 1528/78 and valid for delivery during a the latest Commission proposals to the Council on prices and related measures : (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 . 0 OJ No L 179, 1 . 7. 1987, p. 10. (2) OJ No L 377, 31 . 12. 1987, p. 35. h) OJ No L 210, 1 . 8. 1987, p. 63.

No L 168/74 Official Journal of the European Communities 1 . 7. 88

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 Whereas, pursuant to Articles 120 (2) and 306 (2) of the forward world market price for one or. more months Act of Accession, the additional aid applicable in these cannot be determined by applying the criteria laid down two Member States is to be adjusted by an amount equal in Article 3 (3) of Regulation (EEC) No 1528/78, the corrective amount must be fixed for the month or months to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in in question at a level such that the aid is equal to zero ; 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 for dried fodder must be fixed as indicated in the table — in the case of currencies which are maintained in rela­ annexed to this Regulation, tion to each other at any given moment within a band 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 1636/87 (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 2. The amounts of aid shall be confirmed or replaced previous indent and on the aforesaid corrective factor ; with effect from 1 July 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. fjrst 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 July 1988.

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

Done at Brussels, 30 June 1988 .

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 153, 13. 6. 1987, p. 1 .

1 . 7 . 88 Official Journal of the European Communities No L 168/75

ANNEX

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

Aid applicable from 1 July 1988 to dried fodder

(ECU/tonne)

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

Other Other Spain Portugal Member Spain Portugal Member States States

Aid 30,657 (') 45,858 (') 48,307 (') 0,000 (■) 2,858 0) 5,307 (')

Aid in case of advance fixing for the month of :

(ECU/tonne^

August 1988 (') 30,719 45,921 48,369 0,000 2,921 5,369 September 1988 (') 32,399 47,633 50,049 0,000 4,633 7,049 October 1988 (') 34,601 ' 49,876 52,251 0,000 6,876 9,251 November 1988 (') 35,223 50,510 52,873 0,000 7,510 9,873 December 1988 (') 35,551 50,844 53,201 0,000 7,844 10,201 January 1989 (') 35,653 50,948 53,303 0,000 7,948 10,303 February 1989 (2) 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 to the adoption of prices arid related measures for the 1988/89 marketing year. 0 In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.