CELEX: 31988R4169
Language: en
Date: 1988-12-31 00:00:00
Title: Commission Regulation (EEC) No 4169/88 of 30 December 1988 fixing the rate of the aid for dried fodder

No L 367/42                               Official Journal of the European Communities                                 31 . 12. 88
                                         COMMISSION REGULATION (EEC) No 4169/88
                                                        of 30 December 1988
                                            fixing the rate of the aid for dried fodder
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           which cannot be considered representative of the real
                                                                       market trend ; whereas offers and quotations recorded
  Having regard to the Treaty establishing the European                during the first 25 days of the month in question for
  Economic Community, and in particular Articles 5 and                 quantities that can be delivered during the following
  1 55 thereof,
                                                                       calendar month are to be used ; whereas the average world
  Having regard to the Act of Accession of Spain and                   market price thus determined is used to fix the aid rate
 Portugal,                                                             applicable on the following month ;
 Having regard to Council Regulation (EEC) No 1 1 1 7/78              Whereas the necessary adjustments must be made in the
 of 22 May 1978 on the common organization of the                      case of offers and quotations not of the type referred to
 market in dried fodder ('), as last amended by Regulation             above ; whereas these adjustments were defined in Article
 (EEC) No 3996/87 (2), and in particular Article 5 (3)                 3 of Commission Regulation (EEC) No 1528/78 of 30
 thereof,                                                             June 1978 laying down detailed rules for the application
                                                                       of the system of aid for dried fodder (6), as last amended
 Having regard to the opinion of the Monetary Committee,              by Regulation (EEC) No 1963/88 f) ;
 Whereas, under Article 5 ( 1 ) of Regulation (EEC) No                Whereas, in accordance with Article 3 of Regulation
  1117/78, when the guide price is higher than the average            (EEC) No 1417/78, when no offer or quotation can be
 world market price, aid is granted for dried fodder as                used to determine the average world market price, that
 described under Article 1 (b) and (c) of that Regulation              price is determined on the basis of the sum of the value
 and obtained from fodder plants harvested in the                      of competing products ; whereas those products are
 Community ; whereas that aid takes account of a percen­              defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
 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 2257/88 of 19 July 1988                the month when the application is lodged, the aid rate is
 fixing for the 1988/89 marketing year the guide price for            adjusted by a correcting amount calculated from the trend
 dried fodder (3) ;                                                   of forward prices ;
 Whereas, in the absence of the guide price for dried                 Whereas, where the average world market price is deter­
 fodder and of the percentages referred to in Article 5 of            mined in accordance with Article 3 of Regulation (EEC)
 Regulation (EEC) No 1117/78 for the 1989/90 marketing                No 1417/78 , the corrective amount must be equal to the
 year, the rate of the aid in case of advance fixing for the          difference between the average world market price and
 months concerned has been obtainable only provisionally              the average forward world market price determined by
 and should be confirmed or replaced once the guide price             applying the criteria laid down in Article 3 (3) of Regula­
 and the percentages referred to in Article 5 of Regulation           tion (EEC) No 1528/78 and valid for delivery during a
(EEC) No 1117/78 for the 1989/90 marketing year are                   month other than that in which the aid is introduced,
 known ;                                                              adjusted by the percentage fixed under Article 5 (2) of
                                                                      Regulation (EEC) No 1 1 17/78 ; whereas where the average
Whereas, in order to determine the amount of the aid,                 forward world market price for one or more months
account should be taken among the calculation factors of              cannot be determined by applying the criteria laid down
 the latest Commission proposals to the Council on prices             in Article 3 (3) of Regulation (EEC) No 1528/78 , the
and related measures ;                                                corrective amount must be fixed for the month or months
                                                                      in question at a level such that the aid is equal to zero ;
Whereas the average world market price is determined for
a bulk pelleted product, delivered to Rotterdam, of the               Whereas it has not yet been possible to fix the fixed
standard quality for which the guide price has been fixed ;           amount referred to in the second subparagraph of Article
                                                                      3 (3) of Regulation (EEC) No 1528/78 as regards barley
Whereas, under Council Regulation (EEC) No 1417/78 of                 for the 1988/89 marketing year ;
 19 June 1978 on the aid system for dried fodder (4), as last
amended by Regulation (EEC) No 2256/88 (*), the average               Whereas, if the aid system is to operate normally, refunds
world market price for the products described in the first            should be calculated on the following basis ;
and third indents of Article 1 (b) of Regulation (EEC) No             — in the case of currencies which are maintained in rela­
 1117/78 is to be determined on the basis of the most                      tion to each other at any given moment within a band
favourable actual purchase possibilities excepting those                   of 2,25 % , a conversion rate based on their central
                                                                           rate, multiplied by the corrective factor provided for in
(')  OJ No  L   142,  30.  5. 1978, p. 1 .                                 the last paragraph of Article 3 (1 ) of Council Regula­
(2)  OJ No  L  377,   31 . 12. 1987, p. 35.
(3)  OJ No  L   199,  26.  7. 1988, 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   199,  26.  7. 1988, p. 3.                             0 OJ No L 173, 5. 7. 1988 , p. 9.
 ---pagebreak--- 31 . 12. 88                             Official Journal of the European Communities                            No L 367/43
      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
      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
first day of the month following the date of its fixing ;                                  Article 1
Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of
Accession, the Spanish price must be aligned with the              1.   The rate of the aid referred to in Article 5(3) of
common price in accordance with the method laid down              Regulation (EEC) No 1117/78 is fixed in the Annex to
in Article 70 of that Act ;                                        this Regulation.
Whereas, pursuant to Articles 120 (2) and 306 (2) of the           2. The rate of the aid in case of advance fixing for the
Act of Accession, the additional aid applicable in these           1989/90 marketing year shall, however, be confirmed or
two Member States is to be adjusted by an amount equal             replaced with effect from 1 January 1989 to take into
to the amount of customs duties on imports of these                account the guide price which is fixed for dried fodder
 products from third countries ; whereas, in addition, in          and the percentages referred to in Article 5 of Regulation
Spain the amount is to be adjusted by the difference,              (EEC) No 1117/78 for the 1989/90 marketing year.
 multiplied by the percentage referred to in Article 5 (2) of
 Regulation (EEC) No 1117/78 , between the guide price
 applied in Spain and the common guide price ;                                             Article 2
Whereas, as the result of the applications of all these
 provisions to the offers and quotations which the                 This Regulation shall enter into force on 1 January 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 December 1988 .
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
  (l) OJ No L 164, 24. 6. 1985, p. 1 .
  (4 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 367/44                                     Official Journal of the European Communities                                                    31 . 12. 88
                                                                           ANNEX
                       to the Commission Regulation of 30 December 1988 fixing the rate of the aid for dried
                                                                            fodder
                       Aid applicable from 1 January 1989 to dried fodder :
                                                                                                                                                  (ECU/tonne)
                                                    Fodder dehydrated by artificial heat-drying                       Fodder otherwise dried
                                                                 Protein concentrates
                                                                                           Other                                                  Other
                                                     Spain             Portugal           Member              Spain           Portugal           Member
                                                                                           States                                                 States
Aid                                                 52,113              68,126            69,763              9,113           25,126             26,763
Aid in case of advance fixing for the month of :
                                                                                                                                                  (ECU/tonne)
February 1989                                       51,647              67,653            69,297              8,647           24,653             26,297
March 1989                                          51,647              67,653            69,297              8,647           24,653             26,297
April 1989                                          51,182              67,181            68,832              8,182           24,181             25,832
May 1989 (")                                        57,763              69,384            71,003             14,763           26,384             28,003
June 1989 («)                                       57,763              69,384            71,003             14,763           26,384             28,003
July 1989 0                                         56,565              68,168            69,805             13,565           25,168             26,805
August 1989 0                                       56,565              68,168            69,805             13,565           25,168             26,805
September 1989 0                                    56,565              68,168            69,805             13,565           25,168             26,805
October 1989 0                                      57,633              69,252            70,873             14,633            26,252            27,873
(') Subject to the fixing for the 1989/90 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.