31988R2378

No L 205/54 30 . 7. 88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2378/88

of 29 July 1988

fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, favourable actual purchase possibilities excepting those which cannot be considered representative of the real market trend ; whereas offers and quotations recorded Having regard to the Treaty establishing the European during the first 25 days of the month in question for Economic Community, and in particular Articles 5 and quantities that can be delivered during the following 155 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 Act of Accession of Spain and Portugal,

Whereas the necessary adjustments must be made in the Having regard to Council Regulation (EEC) No 1117/78 case of offers and quotations not of the type referred to of 22 May 1978 on the common organization of the above ; whereas these adjustments were defined in Article market in dried fodder ('), as last amended by Regulation 3 of Commission Regulation (EEC) No 1528/78 of 30 (EEC) No 3996/87 (2), and in particular ' Article 5 (3) June 1978 laying down detailed rules for the application thereof, of the system of aid for dried fodder ^, as last amended by Regulation (EEC) No 1963/88 P) ;

Having regard to the opinion of the Monetary Committee,

Whereas, in accordance with Article 3 of Regulation Whereas, under Article 5 ( 1 ) of Regulation (EEC) No (EEC) No 1417/78, when no offer or quotation can be 1117/78, when the guide price is higher than the average used to determine the average world market price, that world market price, aid is granted for dried fodder as price is determined on the basis of the sum of the value described under Article 1 (b) and (c) of that Regulation of competing products ; whereas those products are obtained from fodder plants harvested in the Commu­ defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ; nity ; whereas that aid takes account of a percentage of the difference between these two prices ;

Whereas, pursuant to Article 11 of Regulation (EEC) No Whereas this percentage and the guide price were fixed 1417/78, when forward prices differ from that applying in by Council Regulation (EEC) No 2257/88 of 19 July 1988 the month when the application is lodged, the aid rate is fixing for the 1988/89 marketing year the guide price for adjusted by a correcting amount calculated from the trend dried fodder (3) ; of forward prices ;

Whereas, in order to determine the amount of the aid, account should be taken among the calculation factors of • Whereas, where the average world market price is deter­ the latest Commission proposals to the Council on prices mined in accordance with Article 3 of Regulation (EEC) and related measures ; 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 the average world market price is determined for applying the criteria laid down in Article 3 (3) of Regula­ a bulk pelleted product, delivered to Rotterdam, of the tion (EEC) No 1528/78 and valid for delivery during a standard quality for which the guide price has been fixed ;

Whereas, under Council Regulation (EEC) No 1417/78 of month other than that in which the aid is introduced, 19 June 1978 on the aid system for dried fodder (4), as last adjusted by the percentage fixed under Article 5 (2) of amended by Regulation (EEC) No 2256/88 (*), the average Regulation (EEC) No 1117/78 ; whereas where the average world market price for the products described in the first forward world market price for one or more months and third indents of Article 1 (b) of Regulation (EEC) No cannot be determined by applying the criteria laid down 1117/78 is to be determined on the basis of the most in Article 3 (3) of Regulation (EEC) No 1528/78, the corrective amount must be fixed for the month or months (■) OJ No L 142, 30. 5. 1978, p. 1 . in question at a level such that the aid is equal to zero ; (2) OJ No L 377, 31 . 12. 1987, p. 35 (3) OJ No L 199, 26. 7. 1988, p. 4. (4) OJ No L 171 , 28 . 6. 1978 , p. 1 . («) OJ No L 179, 1 . 7. 1978, p. 10. 0 OJ No L 199, 26. 7. 1988 , p. 3 . 0 OJ No L 173,. 5. 7. 1988, p. 9.

30 . 7. 88 Official Journal of the European Communities No L 205/ 55

Whereas it has not yet been possible to fix the fixed Whereas, pursuant to Articles 120 (2) and 306 (2) of the amount referred to in the second subparagraph of Article Act of Accession, the additional aid applicable in these 3 (3) of Regulation (EEC) No 1528/78 as regards barley two Member States is to be adjusted by an amount equal for the 1988/89 marketing year ; to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in Whereas, if the aid system is to operate normally, refunds Spain the amount is to be adjusted by the difference, should be calculated on the following basis ; multiplied by the percentage referred to in Article 5 (2) of — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1117/78, between the guide price tion to each other at any given moment within a band applied in Spain and the common guide price ; of 2,25 % , a conversion rate based on their central Whereas, as the result of the applications of all these rate, multiplied by the corrective factor provided for in provisions to the offers and quotations which the the last paragraph of Article 3 (1 ) of Council Regula­ Commission has recorded, the rate of the additional aid tion (EEC) No 1676/85 ('), as last amended by Regula­ for dried fodder must be fixed as indicated in the table tion (EEC) No 1636/87 (2), annexed to this Regulation, — for other currencies a conversion rate based on the arithmetic mean of the spot market rates of each of \ these currencies recorded over a given period in rela­ HAS ADOPTED THIS REGULATION : tion to the Community currencies referred to in the previous indent and on the aforesaid corrective factor ; Article 1 Whereas the rate of the additional aid must be fixed once The rate of the aid referred to in Article 5 (3) of Regula­ per month so as to ensure application of the aid from the tion (EEC) No 1117/78 shall- be as fixed in the Annex to first day of the month following the date of its fixing ; this Regulation. Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of Accession, the Spanish price must be aligned with the Article 2 common price in accordance with the method laid down in Article 70 of that Act : This Regulation shall enter into force on 1 August 1988 .

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

Done at Brussels, 29 July 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 205/56 Official Journal of the European Communities 30 . 7 . 88

ANNEX

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

Aid applicable from 1 August 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 32,595 47,832 50,245 0,000 4,832 7,245

Aid in case of advance fixing for the month of :

(ECU/tonne)

September 1988 30,089 45,279 47,739 0,000 2,279 4,739

October 1988 29,161 44,334 46,811 0,000 1,334 3,811

November 1988 29,131 44,303 46,781 0,000 1,303 3,781

December 1988 29,131 44,303 46,781 0,000 1,303 3,781

January 1989 28,345 43,503 45,995 0,000 0,503 2,995

February 1989 28,345 43,503 45,995 0,000 0,503 2,995

March 1989 28,345 43,503 45,995 0,000 0,503 2,995