31990R1242

12. 5 . 90 Official Journal of the European Communities No L 121 /9

COMMISSION REGULATION (EEC) No 1242/90 of 11 May 1990 fixing the rate of the aid for dried fodder

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, under Council Regulation (EEC) No 1417/78 of 19 June 1978 on the aid system for dried fodder (*), as last amended by Regulation (EEC) No 1110/89 (6), the average Having regard to the Treaty establishing the European world market price for the products described in the first Economic Community, and third indents of Article 1 (b) of Regulation (EEC) No 111 7/78 is to be determined on the basis of the most favourable actual purchase possibilities excepting those Having regard to the Act of Accession of Spain and which cannot be considered representative of the real Portugal, market trend ; whereas offers and quotations recorded during the first 25 days of the month in question for Having regard to Council Regulation (EEC) No 1117/78 quantities that can be delivered during the following of 22 May 1978 on the common organization of the calendar month are to be used ; whereas the average world market in dried fodder ('), as last amended by Regulation market price thus determined is used to fix the aid rate (EEC) No 2275/89 (2), and in particular Article 5 (3) applicable on the following month ; thereof,

Whereas the necessary adjustments must be made in the Having regard to the opinion of the Monetary Committee, 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 f), as last amended described under Article 1 (b) and (c) of that Regulation by Regulation (EEC) No 2293/89 (8); and obtained from fodder plants harvested in the Community ; whereas that aid takes account of a percentage 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 1 192/90 (3) for the of competing products ; whereas those products are marketing year 1990/ 1991 ; defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ;

Whereas, in the absence of an intervention price for barley for the 1990/91 marketing year, the rate of the aid Whereas, pursuant to Article 1 1 of Regulation (EEC) No in case of advance fixing for the months concerned were 1417/78, when forward prices differ from that applying in fixed on the basis of Commission proposals to the the month when the application is lodged, the aid rate is Council and should be confirmed or replaced once the adjusted by a correcting amount calculated from the trend intervention price for barley for the 1990/91 marketing of forward prices ; year is known ;

Whereas, where the average world market price is deter­ Whereas the prices fixed by the Council are to be reduced mined in accordance with Article 3 of Regulation (EEC) in accordance with Article 2 of Commission Regulation No 1417/78, the corrective amount must be equal to the (EEC) No 784/90 of 29 March 1990 fixing the reducing difference between the average world market price and coefficient for agricultural prices in the 1 990/9 1 marke­ the average forward world market price determined by ting year as a result of the monetary realignment of 5 applying the criteria laid down in Article 3 (3) of Regula­ January 1990 and amending the prices and amounts fixed tion (EEC) No 1528/78 and valid for delivery during a in ecus for that marketing year (4); month other than that in which the aid is introduced, adjusted by the percentage fixed under Article 5 (2) of Whereas the average world market price is determined for Regulation (EEC) No 1117/78 ; whereas where the average a bulk pelleted product, delivered to Rotterdam, of the forward world market price for one or more months standard quality for which the guide price has been fixed ; cannot be determined by applying the criteria laid down

(') OJ No L 142, 30. 5. 1978 , p. 1 . 0 OJ No L 171 , 28. 6. 1978, p. 1 . (2) OJ No L 218, 28 . 7. 1989, p. 1 . 0 OJ No L 118, 29. 4. 1989, p. 1 . (3) OJ No L 119, 11 . 5. 1990 . 0 OJ No L 179, 1 . 7. 1978, p. 10. b) OJ No L 83, 30. 3. 1990, p. 102. 8 OJ No L 218, 28. 7. 1989, p. 30.

No L 121 / 10 Official Journal of the European Communities 12. 5. 90

in Article 3 (3) of Regulation (EEC) No 1528/78, the to the amount of customs duties on imports of these corrective amount must be fixed for the month or months products from third countries ; whereas, in addition, in in question at a level such that the aid is equal to zero ; Spain the amount is to be adjusted by the difference, multiplied by the percentage referred to in Article 5 (2) of Whereas, if the aid system is to operate normally, refunds Regulation (EEC) No 1117/78, between the guide price should be 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 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 14 May 1990 to take into common price in accordance with the method laid down account the guide price which is fixed for dried fodder for in Article 70 of that Act ; the 1990/91 marketing year.

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 14 May 1990.

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

Done at Brussels, 11 May 1990 .

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 .

12. 5 . 90 Official Journal of the European Communities No L 121 / 11

ANNEX

to the Commission Regulation of 11 May 1990 fixing the rate of the aid for dried fodder

Aid applicable from 14 May 1990 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 77,850 85,433 86,470 52,493 53,530

Aid in. case of advance fixing for the month of :

(ECU/tonne)

June 1990 (') 77,876 85,460 86,496 52,520 53,556 July 1990 (') 80,374 87,986 88,994 55,046 56,054 August 1990 (») 80,374 87,986 88,994 \\ 55,046 56,054 September 1990 (') 79,769 87,374 88,389 54,434 55,449 Il October 1990 (') 81,827 89,455 90,447 Il 56,515 57,507 November 1990 (') 80,576 88,190 89,196 55,250 56,256 December 1990 (') 80,576 88,190 89,196 55,250 56,256 Il January 1991 (2) 0,000 0,000 0,000 0,000 0,000 Il February 1991 (2) 0,000 0,000 0,000 0,000 0,000 \I March 1991 (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 the intervention price for barley. (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78 .