31989R2939

No L 281 /44 Official Journal of the European Communities 30 . 9 . 89

COMMISSION REGULATION (EEC) No 2939/89 of 29 September 1989 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, during the first 25 days of the month in question for quantities that can be delivered during the following calendar month are to be used ; whereas the average world Having regard to the Treaty establishing the European market price thus determined is used to fix the aid rate Economic Community, 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 case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article Having regard to Council Regulation (EEC) No 1117/78 3 of Commission Regulation (EEC) No 1528/78 of 30 of 22 May 1978 on the common organization of the June 1978 laying down detailed rules for the application market in dried fodder ('), as last amended by Regulation of the system of aid for dried fodder (*), as last amended (EEC) No 2275/89 (2), and in particular Article 5 (3) by Regulation (EEC) No 2293/89 0 ; thereof,

Having regard to the opinion of the Monetary Committee, Whereas, in accordance with Article 3 of Regulation (EEC) No 1417/78, when no offer or quotation can be Whereas, under Article 5 (1 ) of Regulation (EEC) No used to determine the average world market price, that 1117/78, when the guide price is higher than the average price is determined on the basis of the sum of the value world market price, aid is granted for dried fodder as of competing products ; whereas those products are described under Article 1 (b) and (c) of that Regulation defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; 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, 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 1111 /89 of 27 April the month when the application is lodged, the aid rate is 1989 fixing for the 1989/90 marketing year the guide adjusted by a correcting amount calculated from the trend price for dried fodder (3) ; of forward prices ;

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 ; 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, under Council Regulation (EEC) No 1417/78 of the average forward world market price determined by 19 June 1978 on the aid system for dried fodder (4), as last applying the criteria laid down in Article 3 (3) of Regula­ amended by Regulation (EEC) No 1110/89 (% the average tion (EEC) No 1528/78 and valid for delivery during a world market price for the products described in the first month other than that in which the aid is introduced, and third indents of Article 1 (b) of Regulation (EEC) No adjusted by the percentage fixed under Article 5 (2) of 1117/78 is to be determined on the basis of the most Regulation (EEC) No 1 11 7/78 ; whereas where the average favourable actual purchase possibilities excepting those forward world market price for one or more months which cannot be considered representative of the real cannot be determined by applying the criteria laid down market trend ; whereas offers and quotations recorded 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 218, 28 . 7. 1989, p. 1 . (3) OJ No L 118 , 29 . 4. 1989, p. 4. (4) OJ No L 171 , 28 . 6. 1978 , p. 1 . («) OJ No L 179, 1 . 7. 1978, p. 10. 4 OJ No L 118, 29. 4. 1989, p. 3. 0 OJ No L 218 , 28 . 7. 1989, p. 30.

30 . 9 . 89 Official Journal of the European Communities No L 281 /45

Whereas, if the aid system is to operate normally, refunds two Member States is to be adjusted by an amount equal should be calculated on the following basis ; to the amount of customs duties on imports of these — in the case of currencies which are maintained in rela­ products from third countries ; whereas, in addition, in Spain the amount is to be adjusted by the difference, tion to each other at any given moment within a band multiplied by the percentage referred to in Article 5 (2) of of 2,25 %, a conversion rate based on their central Regulation (EEC) No 1117/78, between the guide price rate, multiplied by the corrective factor provided for in applied in Spain and the common guide price ; the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 ('), as last amended by Regula­ Whereas, as the result of the applications of all these tion (EEC) No 1636/87 (2), provisions to the offers and quotations which the — for other currencies a conversion rate based on the Commission has recorded, the rate of the additional aid arithmetic mean of the spot market rates of each of for dried fodder must be fixed as indicated in the table these currencies recorded over a given period in rela­ annexed to this Regulation, 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 Article 1 first day of the month following the date of its fixing ; Whereas, pursuant to Article 120 (1 ) of the 1985 Act of The rate of the aid referred to in Article 5 (3) of Regula­ Accession, the Spanish price must be aligned with the tion (EEC) No 1117/78 is fixed in the Annex to this common price in accordance with the method laid down Regulation. 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 October 1989.

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

Done at Brussels, 29 September 1989.

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 281 /46 Official Journal of the European Communities 30 . 9 . 89

ANNEX

to the Commission Regulation of 29 September 1989 fixing the rate of the aid for dried fodder

Aid applicable from 1 October 1989 to dried fodder :

(ECU/tonne) Fodder dehydrated by artificial heat drying Fodder otherwise dried Protein concentrates I

Other Other Spain Portugal Member Portugal Member States States

Aid 61,463 73,140 74,703 40,140 41,703

Aid in case of advance fixing for the month of :

(ECU/tonne) I

November 1989 61,591 73,270 74,831 40,270 41,831 December 1989 61,591 73,270 74,831 40,270 41,831 ll January 1990 59,711 71,361 72,951 II 38361 39,951 February 1990 59,147 70,789 72,387 ll 37,789 39,387 March 1990 59,147 70,789 72,387 37,789 39,387