31988R3396

1 . 11 . 88 Official Journal of the European Communities No L 299/31

COMMISSION REGULATION (EEC) No 3396/88 of 31 October 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,

Having regard to Council Regulation (EEC) No 1117/78 Whereas the necessary adjustments must be made in the of 22 May 1978 on the common organization of the case of offers and quotations not of the type referred to market in dried fodder ('), as last amended by Regulation above ; whereas these adjustments were defined in Article (EEC) No 3996/87 (2), and in particular Article 5 (3) 3 of Commission Regulation (EEC) No 1528/78 of 30 thereof, June 1978 laying down detailed rules for the application of the system of aid for dried fodder (6), as last amended by Regulation (EEC) No 1963/88 O ; Having regard to the opinion of the Monetary Committee,

Whereas, under Article 5 ( 1 ) of Regulation (EEC) No 1117/78, when the guide price is higher than the average Whereas, in accordance with Article 3 of Regulation world market price, aid is granted for drifed fodder as (EEC) No 1417/78, when no offer or quotation can be described under Article 1 (b) and (c) of that Regulation used to determine the average world market price, that obtained from fodder plants harvested in the Commu­ price is determined on the basis of the sum of the value nity ; whereas that aid takes account of a percentage of of competing products ; whereas those products are the difference between these two prices ; defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;

Whereas this percentage and the guide price were fixed by Council Regulation (EEC) No 2257/88 of 19 July 1988 Whereas, pursuant to Article 1 1 of Regulation (EEC) No fixing for the 1988/89 marketing year the guide price for 1417/78, when forward prices differ from that applying in dried fodder (3) ; the month when the application is lodged, the aid rate is adjusted by a correcting amount calculated from the trend Whereas, in order to determine the amount of the aid, of forward prices ; account should be taken among the calculation factors of the latest Commission proposals to the Council on prices and related measures ; Whereas, where the average world market price is deter­ mined in accordance with Article 3 of Regulation (EEC) Whereas the average world market price is determined for No 1417/78, the corrective amount must be equal to the a bulk pelleted product, delivered to Rotterdam, of the difference between the average world market price and standard quality for which the guide price has been fixed ; the average forward world market price determined by applying the criteria laid down in Article 3 (3) of Regula­ tion (EEC) No 1528/78 and valid for delivery during a 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 (5), the average Regulation (EEC) No 1 1 17/78 ; 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 1117/78 is to be determined on the basis of the most cannot be determined by applying the criteria laid down 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 ; 0 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 . Í6) 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.

No L 299/32 1 . 11 . 88 Official Journal of the European Communities

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 to the amount of customs duties on imports of these for the 1988/89 marketing year ; 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 applied in Spain and the common guide price ; tion to each other at any given moment within a band 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 HAS ADOPTED THIS REGULATION : these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the Article 1 previous indent and on the aforesaid corrective factor ; Whereas the rate of the additional aid must be fixed once The rate of the aid referred to in Article 5 (3) of Regula­ tion (EEC) No 1117/78 shall be as fixed in the Annex to per month so as to ensure application of the aid from the this Regulation . first day of the month following the date of its fixing ;

Whereas, pursuant to Article 120 (1 ) of the 1985 Act of Article 2 Accession, the Spanish price must be aligned with the common price in accordance with the method laid down This Regulation shall enter into force on 1 November in Article 70 of that Act : 1988 .

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

Done at Brussels, 31 October 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 .

1 . 11 . 88 Official Journal of the European Communities No L 299/33

ANNEX

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

Aid applicable from 1 November 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 , 47,29:5 62,806 64,943 4,293 19,806 21,943 V

Aid in case of advance fixing for the month of :

I (ECU/tonne)

December 1988 45,593 61,074 63,243 2,593 18,074 20,243 January 1989 39,036 54,394 56,686 0,000 11,394 13,686 February 1989 38,695 54,047 56,345 0,000 11,047 13,345 March 1989 38,695 54,047 56,345 0,000 11,047 13,345 April 1989 35,425 50,715 53,075 0,000 7,715 10,075

(') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.