31989R3589

No L 350/44 Official Journal of the European Communities 1 . 12. 89

COMMISSION REGULATION (EEC) No 3589/89 of 30 November 1989 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 Treaty establishing the European which cannot be considered representative of the real Economic Community, market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for Having regard to the Act of Accession of Spain and quantities that can be delivered during the following Portugal, calendar month are to be used ; whereas the average world market price thus determined is used to fix the aid rate applicable on the following month ; Having regard to Council Regulation (EEC) No 1117/78 of 22 May 1978 on the common organization of the market in dried fodder ('), as last amended by Regulation (EEC) No 2275/89 (2), and in particular Article 5 (3) Whereas the necessary adjustments must be made in the thereof, case of offers and quotations not of the type referred to above ; whereas these adjustments were defined in Article 3 of Commission Regulation (EEC) No 1528/78 of 30 Having regard to the opinion of the Monetary Committee, June 1978 laying down detailed rules for the application of the system of aid for dried fodder (*), as last amended Whereas, under Article 5 (1 ) of Regulation (EEC) No by Regulation (EEC) No 2293/89 0 ; 1117/78, when the guide price is higher than the average world market price, aid is granted for dried fodder as described under Article 1 (b) and (c) of that Regulation and obtained from fodder plants harvested in the Whereas, in accordance with Article 3 of Regulation Community ; whereas that aid takes account of a percen­ (EEC) No 1417/78, when no offer or quotation can be tage of the difference between these two prices ; used to determine the average world market price, that price is determined on the basis of the sum of the value of competing products ; whereas those products are Whereas this percentage and the guide price were fixed defined in Article 3 (3) of Regulation (EEC) No 1528/78 ; by Council Regulation (EEC) No 111 1 /89 of 27 April 1989 fixing for the 1989/90 marketing year the guide 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 guide price for dried the month when the application is lodged, the aid rate is fodder and of the percentages referred to in Article 5 of adjusted by a correcting amount calculated from the trend Regulation (EEC) No 1117/78 for the 1990/91 marketing of forward prices ; year, the rate of the aid in case of advance fixing for the months concerned has been obtainable only provisionally and should be confirmed or replaced once the guide price, related measures and the percentages referred to in Whereas, where the average world market price is deter­ Article 5 of Regulation (EEC) No 1 1 17/78 for the mined in accordance with Article 3 of Regulation (EEC) 1990/91 marketing year are known ; No 1417/78 , the corrective amount must be equal to the difference between the average world market price and Whereas the average world market price is determined for the average forward world market price determined by a bulk pelleted product, delivered to Rotterdam, of the applying the criteria laid down in Article 3 (3) of Regula­ standard quality for which the guide price has been fixed ; tion (EEC) No 1528/78 and valid for delivery during a month other than that in which the aid is introduced, adjusted by the percentage fixed under Article 5 (2) of Whereas, under Council Regulation (EEC) No 1417/78 of Regulation (EEC) No 1117/78 ; whereas where the average 19 June 1978 on the aid system for dried fodder (4), as last forward world market price for one or more months amended by Regulation (EEC) No 1110/89 0, the average cannot be determined by applying the criteria laid down world market price for the products described in the first 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 ; 0 OJ No L 218, 28 . 7. 1989, p. 1 . (J) 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. 0 OJ No L 218, 28. 7. 1989, p. 30.

1 . 12. 89 Official Journal of the European Communities No L 350/45

Whereas, if the aid system is to operate normally, refunds multiplied by the percentage referred to in Article 5 (2) of should be calculated on the following basis ; Regulation (EEC) No 1117/78, between the guide price applied in Spain and the common guide price ; — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas, as the result of the applications of all these of 2,25 % , a conversion rate based on their central provisions to the offers and quotations which the rate, multiplied by the corrective factor provided for in Commission has recorded, the rate of the additional aid the last paragraph of Article 3 (1 ) of Council Regula­ for dried fodder must be fixed as indicated in the table tion (EEC) No 1676/85 ('), as last amended by Regula­ annexed to this Regulation, tion (EEC) No 1636/87 (2), — for other currencies a conversion rate based on the HAS ADOPTED THIS REGULATION : arithmetic mean of the spot market rates of each of these currencies recorded over a given period in rela­ Article 1 tion to the Community currencies referred to in the previous indent and on the aforesaid corrective factor ; 1 . The rate of the aid referred to in Article 5 (3) of Whereas the rate of the additional aid must be fixed once Regulation (EEC) No 1117/78 is fixed in the Annex to per month so as to ensure application of the aid from the this Regulation. first day of the month following the date of its fixing ; 2. The rate of the aid in case of advance fixing for the Whereas, pursuant to Article 120 (1 ) of the 1985 Act of 1990/91 marketing year shall, however, be confirmed or Accession, the Spanish price must be aligned with the replaced with effect from 1 December 1989 to take into common price in accordance with the method laid down account the guide price which is fixed for dried fodder, in Article 70 of that Act ; related measures and the percentages referred to in Article 5 of Regulation (EEC) No 1117/78 for the 1990/91 Whereas, pursuant to Articles 120 (2) and 306 (2) of the marketing year. Act of Accession, the additional aid applicable in these two Member States is to be adjusted by an amount equal Article 2 to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in This Regulation shall enter into force on 1 December Spain the amount is to be adjusted by the difference, 1989 .

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

Done at Brussels, 30 November 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

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

No L 350/46 Official Journal of the European Communities 1 . 12. 89

ANNEX

to the Commission Regulation of 30 November 1989 fixing the rate of the aid for dried fodder

Aid applicable from 1 December 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 67,712 79,482 80,952 46,482 47,952

Aid in case of advance fixing for the month of :

(ECU/tonne)

January 1990 64,268 75,987 77,508 42,987 44,508 February 1990 64,183 75,901 77,423 42,901 44,423 ll March 1990 64,183 75,901 77,423 42,901 44,423 II April 1990 62,076 73,762 75,316 ll 40,762 42,316 May 1990 (') 63,679 75,389 76,919 ll 42,389 43,919 June 1990 (') 63,679 75,389 76,919 ll 42,389 43,919 July 1990 0 0,000 0,000 0,000 0,000 0,000 II August 1990 (2) 0,000 0,000 0,000 0,000 0,000 September 1990 (2) 0,000 0,000 0,000 Il 0,000 0,000 October 1990 0 0,000 0,000 0,000 0,000 0,000

(') Subject to the fixing for the 1990/91 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. (*) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.