31989R1177

29 . 4. 89 No L 121 / 51 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1177/89 of 28 April 1989 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, 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 1 1 10/89 0, 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 1 1 17/78 is to be determined on the basis of the most favourable actual purchase possibilities excepting those which cannot be considered representative of the real Having regard to Council Regulation (EEC) No 1117/78 market trend ; whereas offers and quotations recorded of 22 May 1978 on the common organization of the during the first 25 days of the month in question for market in dried fodder ('), as last amended by Regulation quantities that can be delivered during the following (EEC) No 3996/87 (2), and in particular Article 5 (3) calendar month are to be used ; whereas the average world thereof, 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 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 of the system of aid for dried fodder (6), as last amended described under Article 1 (b) and (c) of that Regulation by Regulation (EEC) No 1963/88 P) ; and obtained from fodder plants harvested in the 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 (EEC) No 1417/78, when no offer or quotation can be used to determine the average world market price, that Whereas this percentage and the guide price were fixed price is determined on the basis of the sum of the value by Council Regulation (EEC) No 1111 /89 of 27 April of competing products ; whereas those products are 1989 fixing for the 1989/90 marketing year the guide defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ; price for dried fodder (3) ;

Whereas, pursuant to Article 11 of Regulation (EEC) No 1417/78, when forward prices differ from that applying in Whereas in the absence of the intervention price for the month when the application is lodged, the aid rate is barley applicable during the 1989/90 marketing year, aid amounts for the months concerned have been fixed on adjusted by a correcting amount calculated from the trend of forward prices ; the basis of the Commission's last proposals to the Council ; whereas these amounts must be provissionally applied and confirmed or altered when the 1989/90 marketing year prices are known ; Whereas, where the average world market price is deter­ mined in accordance with Article 3 of Regulation (EEC) No 1417/78, the corrective amount must be equal to the difference between the average world market price and Whereas, in order to determine the amount of the aid, the average forward world market price determined by account should be taken among the calculation factors of applying the criteria laid down in Article 3 (3) of Regula­ the latest Commission proposals to the Council on prices tion (EEC) No 1528/78 and valid for delivery during a and related measures ; (<) OJ No L 171 , 28 . 6. 1978, p. 1 . 0 OJ No L 142, 30. 5. 1978, p. 1 . 0 OJ No L 118, 29. 4. 1989, p. 3. 0 OJ No L 377, 31 . 12. 1987, p. 35. (6) OJ No L 179, 1 . 7. 1978, p. 10. 0 OJ No L 118, 29. 4. 1989, p. 4. 0 OJ No L 173, 5. 7. 1988, p. 9.

No L 121 / 52 Official Journal of the European Communities 29 . 4. 89

month other than that in which the aid is introduced, Whereas, pursuant to Articles 120 (2) and 306 (2) of the adjusted by the percentage fixed under Article 5 (2) of Act of Accession, the additional aid applicable in these Regulation (EEC) No 1 1 17/78 ; whereas where the average two Member States is to be adjusted by an amount equal forward world market price for one or more months to the amount of customs duties on imports of these cannot be determined by applying the criteria laid down products from third countries ; whereas, in addition, in in Article 3 (3) of Regulation (EEC) No 1528/78, the Spain the amount is to be adjusted by the difference, corrective amount must be fixed for the month or months multiplied by the percentage referred to in Article 5 (2) of in question at a level such that the aid is equal to zero ; Regulation (EEC) No 1117/78 , between the guide price applied in Spain and the common guide price ; Whereas, if the aid system is to operate normally, refunds should be calculated on the following basis ; Whereas, as the result of the applications of all these provisions to the offers and quotations which the — in the case of currencies which are maintained in rela­ Commission has recorded, the rate of the additional aid tion to each other at any given moment within a band for dried fodder must be fixed as indicated in the table of 2,25 % , a conversion rate based on their central annexed to this Regulation, rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ HAS ADOPTED THIS REGULATION : tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 1636/ 87 0, Article 1 — for other currencies a conversion rate based on the arithmetic mean of the spot market rates of each of 1 . The rate of the aid referred to in Article 5(3) of these currencies recorded over a given period in rela­ Regulation (EEC) No 1117/78 is fixed in the Annex to tion to the Community currencies referred to in the this Regulation. previous indent and on the aforesaid corrective factor ; 2. However, the amounts of the aid, in cases of advance Whereas the rate of the additional aid must be fixed once fixing for the 1989/90 marketing year, will be confirmed per month so as to ensure application of the aid from the or replaced with effect from 1 May 1989 to take account first day of the month following the date of its fixing ; of the intervention price of barley adopted in respect of the 1 989/90 marketing year. 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 May 1989.

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

Done at Brussels, 28 April 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

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

29 . 4 . 89 Official Journal of the European Communities No L 121 /53

ANNEX

to the Commission Regulation of 28 April 1989 fixing the rate of the aid for dried fodder

Aid applicable from 1 May 1989 to dried fodder :

(ECU/tonne)

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

Other Other Spain Portugal Member Spain Portugal Member States States :

Aid 41,293 52,667 54,533 0,000 9,667 11,533

Aid in case of advance fixing for the month of :

(ECU/tonne)

June 1989 43,273 54,677 56,513 0,273 11,677 13,513 July 1989 (') 48,091 59,567 61,331 5,091 16,567 18,331 August 1989 (') 48,091 59,567 61,331 5,091 16,567 18,331 September 1989 (') 47,380 58,846 60,620 4,380 15,846 17,620 October 1989 0 49,533 48,944 60,433 62,184 5,944 17,433 19,184 48,849 60,337 62,089 5,849 17,337 19,089 December 1989 0 48,849 60,337 62,089 5,849 17,337 19,089 January 1990 (2) 0,000 0,000 0,000 0,000 ' 0,000 0,000 February 1 990 (2) 0,000 0,000 0,000 0,000 0,000 0,000 March 1 990 (2) 0,000 0,000 0,000 0,000 0,000 0,000

(') Depending on the intervention price for barley set for the 1989/90 marketing year. (2) In accordance with Article 6 (b) of Regulation (CEE) No 1528/78.