31988R4169

No L 367/42 Official Journal of the European Communities 31 . 12 . 88

COMMISSION REGULATION (EEC) No 4169/88 of 30 December 1988 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 1 55 thereof, calendar month are to be used ; whereas the average world Having regard to the Act of Accession of Spain and market price thus determined is used to fix the aid rate Portugal, applicable on the following month ; Whereas the necessary adjustments must be made in the Having regard to Council Regulation (EEC) No 1 1 1 7/78 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) thereof, June 1978 laying down detailed rules for the application of the system of aid for dried fodder (6), as last amended Having regard to the opinion of the Monetary Committee, by Regulation (EEC) No 1963/88 f) ;

Whereas, under Article 5 ( 1 ) of Regulation (EEC) No Whereas, in accordance with Article 3 of Regulation 1117/78, when the guide price is higher than the average (EEC) No 1417/78, when no offer or quotation can be world market price, aid is granted for dried fodder as used to determine the average world market price, that described under Article 1 (b) and (c) of that Regulation price is determined on the basis of the sum of the value and obtained from fodder plants harvested in the of competing products ; whereas those products are Community ; whereas that aid takes account of a percen­ defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; tage of the difference between these two prices ; Whereas, pursuant to Article 1 1 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 1988/8 9 marketing year the guide price for adjusted by a correcting amount calculated from the trend dried fodder (3) ; of forward prices ; Whereas, in the absence of the guide price for dried Whereas, where the average world market price is deter­ fodder and of the percentages referred to in Article 5 of mined in accordance with Article 3 of Regulation (EEC) Regulation (EEC) No 1117/78 for the 1989/90 marketing No 1417/78 , the corrective amount must be equal to the year, the rate of the aid in case of advance fixing for the difference between the average world market price and months concerned has been obtainable only provisionally the average forward world market price determined by and should be confirmed or replaced once the guide price applying the criteria laid down in Article 3 (3) of Regula­ and the percentages referred to in Article 5 of Regulation tion (EEC) No 1528/78 and valid for delivery during a month other than that in which the aid is introduced, (EEC) No 1117/78 for the 1989/90 marketing year are known ; adjusted by the percentage fixed under Article 5 (2) of Regulation (EEC) No 1 1 17/78 ; whereas where the average Whereas, in order to determine the amount of the aid, forward world market price for one or more months account should be taken among the calculation factors of cannot be determined by applying the criteria laid down the latest Commission proposals to the Council on prices in Article 3 (3) of Regulation (EEC) No 1528/78 , the and related measures ; corrective amount must be fixed for the month or months in question at a level such that the aid is equal to zero ; Whereas the average world market price is determined for a bulk pelleted product, delivered to Rotterdam, of the Whereas it has not yet been possible to fix the fixed standard quality for which the guide price has been fixed ; amount referred to in the second subparagraph of Article 3 (3) of Regulation (EEC) No 1528/78 as regards barley Whereas, under Council Regulation (EEC) No 1417/78 of for the 1988/89 marketing year ; 19 June 1978 on the aid system for dried fodder (4), as last amended by Regulation (EEC) No 2256/88 (*), the average Whereas, if the aid system is to operate normally, refunds world market price for the products described in the first should be calculated on the following basis ; and third indents of Article 1 (b) of Regulation (EEC) No — in the case of currencies which are maintained in rela­ 1117/78 is to be determined on the basis of the most tion to each other at any given moment within a band favourable actual purchase possibilities excepting those of 2,25 % , a conversion rate based on their central rate, multiplied by the corrective factor provided for in (') OJ No L 142, 30. 5. 1978, p. 1 . the last paragraph of Article 3 (1 ) of Council Regula­ (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.

31 . 12. 88 Official Journal of the European Communities No L 367/43

tion (EEC) No 1676/85 ('), as last amended by Regula­ Commission has recorded, the rate of the additional aid tion (EEC) No 1636/87 0, for dried fodder must be fixed as indicated in the table — for other currencies a conversion rate based on the annexed to this Regulation, arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the previous indent and on the aforesaid corrective factor ; HAS ADOPTED THIS REGULATION : Whereas the rate of the additional aid must be fixed once per month so as to ensure application of the aid from the first day of the month following the date of its fixing ; Article 1

Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of 1 . The rate of the aid referred to in Article 5(3) of Accession, the Spanish price must be aligned with the Regulation (EEC) No 1117/78 is fixed in the Annex to common price in accordance with the method laid down this Regulation. in Article 70 of that Act ; Whereas, pursuant to Articles 120 (2) and 306 (2) of the 2. The rate of the aid in case of advance fixing for the Act of Accession, the additional aid applicable in these 1989/90 marketing year shall, however, be confirmed or two Member States is to be adjusted by an amount equal replaced with effect from 1 January 1989 to take into to the amount of customs duties on imports of these account the guide price which is fixed for dried fodder products from third countries ; whereas, in addition, in and the percentages referred to in Article 5 of Regulation Spain the amount is to be adjusted by the difference, (EEC) No 1117/78 for the 1989/90 marketing year. multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78 , between the guide price applied in Spain and the common guide price ; Article 2

Whereas, as the result of the applications of all these provisions to the offers and quotations which the This Regulation shall enter into force on 1 January 1989.

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

Done at Brussels, 30 December 1988 .

For the Commission Frans ANDRIESSEN Vice-President

(l) OJ No L 164, 24. 6. 1985, p. 1 . (4 OJ No L 153, 13. 6. 1987, p. 1 .

No L 367/44 Official Journal of the European Communities 31 . 12. 88

ANNEX

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

Aid applicable from 1 January 1989 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 52,113 68,126 69,763 9,113 25,126 26,763

Aid in case of advance fixing for the month of :

(ECU/tonne)

February 1989 51,647 67,653 69,297 8,647 24,653 26,297 March 1989 51,647 67,653 69,297 8,647 24,653 26,297 April 1989 51,182 67,181 68,832 8,182 24,181 25,832 May 1989 (") 57,763 69,384 71,003 14,763 26,384 28,003 June 1989 («) 57,763 69,384 71,003 14,763 26,384 28,003 July 1989 0 56,565 68,168 69,805 13,565 25,168 26,805 August 1989 0 56,565 68,168 69,805 13,565 25,168 26,805 September 1989 0 56,565 68,168 69,805 13,565 25,168 26,805 October 1989 0 57,633 69,252 70,873 14,633 26,252 27,873

(') Subject to the fixing for the 1989/90 marketing year of the guide price for dried fodder and of the percentages mentioned in Article 5 of Regulation (EEC) No 1117/78 and related measures.