31989R0854

No L 89/68 Official Journal of the European Communities 1 . 4. 89

COMMISSION REGULATION (EEC) No 854/89 of 31 March 1989 fixing the rate of die aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (4), as last amended by Regulation (EEC) No 2256/88 (*), the average Having regard to the Treaty establishing the European world market price for the products described in the first Economic Community, 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 the Act of Accession of Spain and which cannot be considered representative of the real Portugal, market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for quantities that can be delivered during the following Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the calendar month are to be used ; whereas the average world market in dried fodder ('), as last amended by Regulation market price thus determined is used to fix the aid rate applicable on the following month ; (EEC) No 3996/87 (2), and in particular Article 5 (3) thereof,

Having regard to the opinion of the Monetary Committee, Whereas the necessary adjustments must be made in the case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article Whereas, under Article 5 (1 ) of Regulation (EEC) No 3 of Commission Regulation (EEC) No 1528/78 of 30 1117/78, when the guide price is higher than the average June 1978 laying down detailed rules for the application world market price, aid is granted for dried fodder as described under Article 1 (b) and (c) of that Regulation of the system of aid for dried fodder (*), as last amended and obtained from fodder plants harvested in the by Regulation (EEC) No 1963/88 0 ; Community ; whereas that aid takes account of a percen­ tage of the difference between these two prices ;

Whereas, in accordance with Article 3 of Regulation Whereas this percentage and the guide price were fixed (EEC) No 1417/78, when no offer or quotation can be by Council Regulation (EEC) No 2257/88 of 19 July 1988 used to determine the average world market price, that fixing for the 1988/89 marketing year the guide price for price is determined on the basis of the sum of the value dried fodder (3) ; of competing products ; whereas those products are defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; Whereas, in the absence of the guide price for dried fodder and of the percentages referred to in Article 5 of Regulation (EEC) No 1117/78 for the 1989/90 marketing year, the rate of the aid in case of advance fixing for the Whereas, pursuant to Article 11 of Regulation (EEC) No months concerned has been obtainable only provisionally 1417/78, when forward prices differ from that applying in and should be confirmed or replaced once the guide the month when the application is lodged, the aid rate is price, related measures and the percentages referred to in adjusted by a correcting amount calculated from the trend Article 5 of Regulation (EEC) No 1117/78 for the of forward prices ; 1989/90 marketing year are known ;

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 ; (4) OJ No L 171 , 28 . 6. 1978, p. 1 . (') OJ No L 142, 30. 5. 1978, p. 1 . 0 OJ No L 199, 26. 7. 1988, p. 3. O OJ No L 377, 31 . 12. 1987, p. 35. 0 OJ No L 179, 1 . 7. 1978 , p. 10. 3 OJ No L 199, 26. 7. 1988, p. 4. O OJ No L 173, 5. 7. 1988, p. 9 .

1 . 4. 89 Official Journal of the European Communities No L 89/69

month other than that in which the aid is introduced, two Member States is to be adjusted by an amount equal adjusted by the percentage fixed under Article 5 (2) of to the amount of customs duties on imports of these Regulation (EEC) No 1117/78 ; whereas where the average products from third countries ; whereas, in addition, in forward world market price for one or more months Spain the amount is to be adjusted by the difference, cannot be determined by applying the criteria laid down multiplied by the percentage referred to in Article 5 (2) of in Article 3 (3) of Regulation (EEC) No 1528/78, the Regulation (EEC) No 1117/78, between the guide price corrective amount must be fixed for the month or months applied in Spain and the common guide price ; in question at a level such that the aid is equal to zero ; Whereas, as the result of the applications of all these Whereas it has not yet been possible to fix the fixed provisions to the offers and quotations which the amount referred to in the second subparagraph of Article Commission has recorded, the rate of the additional aid 3 (3) of Regulation (EEC) No 1528 /78 as regards barley for dried fodder must be fixed as indicated in the table for the 1988/89 marketing year ; annexed to this Regulation, Whereas, if the aid system is to operate normally, refunds should be calculated on the following basis ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band HAS ADOPTED THIS REGULATION : of 2,25 % , a conversion rate based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ Article 1 tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 1636/87 0, 1 . The rate of the aid referred to in Article 5(3) of — for other currencies a conversion rate based on the Regulation (EEC) No 1117/78 is fixed in the Annex to arithmetic mean of the spot market rates of each of this Regulation. these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the 2. The rate of the aid in case of advance fixing for the previous indent and on the aforesaid corrective factor ; 1989/90 marketing year shall, however, be confirmed or Whereas the rate of the additional aid must be fixed once replaced with effect from 1 April 1989 to take into per month so as to ensure application of the aid from the account the guide price which is fixed for dried fodder, first day of the month following the date of its fixing ; related measures and the percentages referred to in Article 5 of Regulation (EEC) No 1117/78 for the 1989/90 Whereas, pursuant to Article 120 ^1 ) of the 1985 Act of marketing year. Accession, the Spanish price must be aligned with the common price in accordance with the method laid down in Article 70 of that Act ; Article 2 Whereas, pursuant to Articles 120 (2) and 306 (2) of the Act of Accession, the additional aid applicable in these This Regulation shall enter into force on 1 April 1989.

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

Done at Brussels, 31 March 1989.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 89 /70 Official Journal of the European Communities 1 . 4. 89

ANNEX

to the Commission Regulation of 31 March 1989 fixing the rate of the aid for dried fodder

Aid applicable from 1 April 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 39,302 55,122 56,952 0,000 12,122 13,952

Aid in case of advance fixing for the month of :

(ECU/tonne)

May 1989 (') 45,560 56,998 58,800 2,560 13,998 15,800 June 1989 (') 46,934 58,393 60,174 3,934 15,393 17,174 July 1989 0 49,185 60,678 62,425 6,185 17,678 19,425 August 1989 0 49,185 60,678 62,425 6,185 17,678 19,425 September 1989 0 48,344 59,824 61,584 5,344 16,824 18,584 October 1989 0 49,533 61,031 62,773 6,533 18,031 19,773 November 1989 0 50,386 61,897 63,626 7,386 18,897 20,626 December 1989 0 50,386 61,897 63,626 7,386 18,897 20,626 January 1 990 0 0,000 0,000 0,000 0,000 0,000 0,000 February 1990 0 0,000 0,000 0,000 0,000 0,000 0,000 March 1990 0 0,000 0,000 0,000 0,000 0,000 0,000

(') Subject in the case af advance fixing for the 1989/90 marketing year to the adoption of prices and connected measures and where appropriate, the effects of the application of the system of maximum guaranteed quantities. (2) In accordance with Article 6 (b) of Regulation (CEE) No 1528 /78.