CELEX: 31989R3589
Language: en
Date: 1989-12-01 00:00:00
Title: Commission Regulation (EEC) No 3589/89 of 30 November 1989 fixing the rate of the aid for dried fodder

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
Having regard to the opinion of the Monetary Committee,            3 of Commission Regulation (EEC) No 1528/78 of 30
                                                                   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
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
Regulation (EEC) No 1117/78 for the 1990/91 marketing              adjusted by a correcting amount calculated from the trend
year, the rate of the aid in case of advance fixing for the        of forward prices ;
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
Article 5 of Regulation (EEC) No 1 1 17/78 for the                 Whereas, where the average world market price is deter­
 1990/91 marketing year are known ;                                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 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.
 ---pagebreak--- 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
— in the case of currencies which are maintained in rela­
                                                                  applied in Spain and the common guide price ;
     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 .
 ---pagebreak--- 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       ll                     42,901             44,423
March 1990                                          64,183             75,901             77,423       II                     42,901             44,423
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       II                      0,000               0,000
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.