31989R4015

No L 382/32 Official Journal of the European Communities 30 . 12. 89

COMMISSION REGULATION (EEC) No 4015/89 of 29 December 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 f7) ; 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 Whereas, in the absence of the guide price for dried 1417/78, when forward prices differ from that applying in fodder and of the percentages referred to in Article 5 of the month when the application is lodged, the aid rate is 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 1117/78 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 (% 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 ; (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 . (6) OJ No L 179, 1 . 7. 1978 , p. 10 . O OJ No L 118, 29. 4. 1989 , p. 3 . 0 OJ No L 218, 28 . 7. 1989, p. 30.

30 . 12 . 89 Official Journal of the European Communities No L 382/33

Whereas, if the aid system is to operate normally, refunds Regulation (EEC) No 1117/78, between the guide price should i>e calculated on the following basis ; applied in Spain and the common guide price ; — in the case of currencies which are maintained in rela­ Whereas, as the result of the applications of all these tion to each other at any given moment within a band provisions to the offers and quotations which the of 2,25 % , a conversion rate based on their central Commission has recorded, the rate of the additional aid rate, multiplied by the corrective factor provided for in for dried fodder must be fixed as indicated in the table the last paragraph of Article 3 (1 ) of Council Regula­ annexed to this Regulation, tion (EEC) No 1676/85 ('), as last amended by Regula­ tion (EEC) No 1 636/87 (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 tion to the Community currencies referred to in the Article 1 previous indent and on the aforesaid corrective factor ;

Whereas the rate of the additional aid must be fixed once 1 . The rate of the aid referred to in Article 5 (3) of per month so as to ensure application of the aid from the Regulation (EEC) No 1117/78 is fixed in the Annex to first day of the month following the date of its fixing ; this Regulation.

Whereas, pursuant to Article 120 (1 ) of the 1985 Act of 2. The rate of the aid in case of advance fixing for the Accession, the Spanish price must be aligned with the 1990/91 marketing year shall, however, be confirmed or common price in accordance with the method laid down replaced with effect from 1 January 1990 to take into in Article 70 of that Act ; account the guide price which is fixed for dried fodder, related measures and the percentages referred to in Article Whereas, pursuant to Articles 120 (2) and 306 (2) of the 5 of Regulation (EEC) No 1117/78 for the 1990/91 Act of Accession, the additional aid applicable in these marketing year. two Member States is to be adjusted by an amount equal to the amount of customs duties on imports of these products from third countries ; whereas, in addition, in Article 2 Spain the amount is to be adjusted by the difference, multiplied by the percentage referred to in Article 5 (2) of This Regulation shall enter into force on 1 January 1990.

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

Done at Brussels, 29 December 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 164, 24. 6. 1985, p. 1 . (2) OJ No L 153, 13 . 6. 1987, p. 1 .

No L 382/34 Official Journal of the European Communities 30 . 12. 89

ANNEX

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

Aid applicable from 1 January 1990 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 70,050 82,095 83,290 49,095 50,290

Aid in case of advance fixing for the month of :

(ECU/tonne)

February 1990 69,766 81,807 83,006 48,807 50,006 March 1990 69,766 81,807 83,006 \ 48,807 50,006 April 1990 67,686 79,701 80,926 46,701 , 47,926 May 1990 (') 73,423 81,045 82,253 48,045 49,253 June 1990 (') 73,423 81,045 82,253 \ 48,045 49,253 July 1990 (') 71,947 79,550 80,777 \\ 46,550 47,777 August 1990 (2) 0,000 0,000 0,000 0,000 0,000 September 1990 (2) 0,000 0,000 0,000 0,000 . 0,000 Il October 1 990 (2) 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. (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.