31989R3291

1 . 11 . 89 No L 320/35 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3291/89 of 31 October 1989 fixing the rate of die 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 1 528/78 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 Q ; 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 11 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 111 1 /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 111 7/78 is to be determined on the basis of the most Regulation (EEC) No 1 1 17/78 ; 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 . O 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. 0 OJ No L 118, 29 . 4. 1989, p. 3. o OJ No L 218 , 28 . 7. 1989, p. 30.

No L 320/36 Official Journal of the European Communities 1 . 11 . 89

Whereas, if the aid system is to operate normally, refunds products from third countries ; whereas, in addition, in should be calculated on the following basis ; Spain the amount is to be adjusted by the difference, — in the case of currencies which are maintained in rela­ multiplied by the percentage referred to in Article 5 (2) of Regulation (EEC) No 1117/78, between the guide price tion to each other at any given moment within a band of 2,25 % , a conversion rate based on their central applied in Spain and the common guide price ; rate, multiplied by the corrective factor provided for in Whereas, as the result of the applications of all these the last paragraph of Article 3 (1 ) of Council Regula­ provisions to the offers and quotations which the 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 HAS ADOPTED THIS REGULATION : previous indent and on the aforesaid corrective factor ;

Whereas the rate of the additional aid must be fixed once Article 1 per month so as to ensure application of the aid from the 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 ;

Whereas, pursuant to Articles 120 (2) and 306 (2) of the Article 2 Act of Accession, the additional aid applicable in these two Member States is to be adjusted by an amount equal This Regulation shall enter into force on 1 November to the amount of customs duties on imports of these 1989.

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

Done at Brussels, 31 October 1989.

For the Commission Ray MAC SHARRY Member of the Commission

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

1 . 11 . 89 No L 320/37 Official Journal of the European Communities

ANNEX

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

Aid applicable from 1 November 1989 to dried fodder :

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

Other Other Spain Portugal Member Portugal Member States States

Aid * 67,133 78,895 80,373 45,895 47,373

Aid in case of advance fixing for the month of :

(ECU/tonnt)

December 1989 67,246 79,009 80,486 46,009 47,486 January 1990 64,222 75,940 77,462 42^40 44,462 February 1990 64,108 75,824 77,348 42,824 44,348 March 1990 64,108 75,824 77,348 42,824 44,348 ll April' 1990 60,669 72,334 73,909 39,334 40,909 Il May 1990 (') 0,000 0,000 0,000 0,000 0,000 June 1990 (') 0,000 0,000 0,000 Il 0,000 0,000 July 1990 (l) 0,000 0,000 0,000 0,000 0,000 August 1990 (') 0,000 0,000 0,000 l 0,000 0,000 September 1990 (') 0,000 0,000 0,000 0,000 0,000 II October 1990 (') 0,000 0,000 0,000 0,000 0,000

(') In accordance with Article 6 (b) of Regulation (EEC) No 1 528/78.