CELEX: 31989R1177
Language: en
Date: 1989-04-29 00:00:00
Title: Commission Regulation (EEC) No 1177/89 of 28 April 1989 fixing the rate of the aid for dried fodder

29 . 4. 89                           Official Journal of the European Communities                            No L 121 /51
                                   COMMISSION REGULATION (EEC) No 1177/89
                                                     of 28 April 1989
                                      fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Whereas the average world market price is determined for
                                                                a bulk pelleted product, delivered to Rotterdam, of the
                                                                standard quality for which the guide price has been fixed ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                Whereas, under Council Regulation (EEC) No 1417/78 of
                                                                 19 June 1978 on the aid system for dried fodder (4), as last
                                                                amended by Regulation (EEC) No 1 1 10/89 0, the average
Having regard to the Act of Accession of Spain and              world market price for the products described in the first
Portugal,                                                       and third indents of Article 1 (b) of Regulation (EEC) No
                                                                 1 1 17/78 is to be determined on the basis of the most
                                                                favourable actual purchase possibilities excepting those
                                                                which cannot be considered representative of the real
Having regard to Council Regulation (EEC) No 1117/78            market trend ; whereas offers and quotations recorded
of 22 May 1978 on the common organization of the                during the first 25 days of the month in question for
market in dried fodder ('), as last amended by Regulation       quantities that can be delivered during the following
(EEC) No 3996/87 (2), and in particular Article 5 (3)           calendar month are to be used ; whereas the average world
thereof,
                                                                market price thus determined is used to fix the aid rate
                                                                applicable on the following month ;
Having regard to the opinion of the Monetary Committee,
                                                                Whereas the necessary adjustments must be made in the
                                                                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 (6), as last amended
described under Article 1 (b) and (c) of that Regulation        by Regulation (EEC) No 1963/88 P) ;
and obtained from fodder plants harvested in the
Community ; whereas that aid takes account of a percen­
tage 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 1111 /89 of 27 April             of competing products ; whereas those products are
1989 fixing for the 1989/90 marketing year the guide            defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ;
price for dried fodder (3) ;
                                                                Whereas, pursuant to Article 11 of Regulation (EEC) No
Whereas in the absence of the intervention price for             1417/78, when forward prices differ from that applying in
barley applicable during the 1989/90 marketing year, aid        the month when the application is lodged, the aid rate is
amounts for the months concerned have been fixed on             adjusted by a correcting amount calculated from the trend
the basis of the Commission's last proposals to the             of forward prices ;
Council ; whereas these amounts must be provissionally
applied and confirmed or altered when the 1989/90
marketing year prices are known ;                               Whereas, where the average world market price is deter­
                                                                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, in order to determine the amount of the aid,           the average forward world market price determined by
account should be taken among the calculation factors of        applying the criteria laid down in Article 3 (3) of Regula­
the latest Commission proposals to the Council on prices        tion (EEC) No 1528/78 and valid for delivery during a
and related measures ;
                                                                (<)  OJ  No  L 171 , 28 . 6. 1978, p. 1 .
0 OJ No L 142, 30. 5. 1978, p. 1 .                              0    OJ  No  L 118,  29. 4. 1989, p. 3.
0 OJ No L 377, 31 . 12. 1987, p. 35.                            (6)  OJ  No  L 179,  1 . 7. 1978, p. 10.
0 OJ No L 118, 29. 4. 1989, p. 4.                               0    OJ  No  L 173,  5. 7. 1988, p. 9.
 ---pagebreak--- No L 121 /52                            Official Journal of the European Communities                                29 . 4. 89
month other than that in which the aid is introduced,             Whereas, pursuant to Articles 120 (2) and 306 (2) of the
adjusted by the percentage fixed under Article 5 (2) of           Act of Accession, the additional aid applicable in these
Regulation (EEC) No 1 1 17/78 ; whereas where the average         two Member States is to be adjusted by an amount equal
forward world market price for one or more months                 to the amount of customs duties on imports of these
cannot be determined by applying the criteria laid down           products from third countries ; whereas, in addition, in
in Article 3 (3) of Regulation (EEC) No 1528/78, the              Spain the amount is to be adjusted by the difference,
corrective amount must be fixed for the month or months           multiplied by the percentage referred to in Article 5 (2) of
in question at a level such that the aid is equal to zero ;       Regulation (EEC) No 1117/78, between the guide price
                                                                  applied in Spain and the common guide price ;
Whereas, if the aid system is to operate normally, refunds
should be calculated on the following basis ;                     Whereas, as the result of the applications of all these
                                                                  provisions to the offers and quotations which the
— in the case of currencies which are maintained in rela­         Commission has recorded, the rate of the additional aid
     tion to each other at any given moment within a band         for dried fodder must be fixed as indicated in the table
     of 2,25 %, a conversion rate based on their central          annexed to this Regulation,
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 (1 ) of Council Regula­
                                                                  HAS ADOPTED THIS REGULATION :
     tion (EEC) No 1676/85 ('), as last amended by Regula­
     tion (EEC) No 1636/87 0,
                                                                                           Article 1
— for other currencies a conversion rate based on the
     arithmetic mean of the spot market rates of each of           1 . The rate of the aid referred to in Article 5(3) of
     these currencies recorded over a given period in rela­       Regulation (EEC) No 1117/78 is fixed in the Annex to
     tion to the Community currencies referred to in the          this Regulation.
     previous indent and on the aforesaid corrective factor ;
                                                                  2.     However, the amounts of the aid, in cases of advance
Whereas the rate of the additional aid must be fixed once         fixing for the 1989/90 marketing year, will be confirmed
per month so as to ensure application of the aid from the         or replaced with effect from 1 May 1989 to take account
first day of the month following the date of its fixing ;         of the intervention price of barley adopted in respect of
                                                                   the 1 989/90 marketing year.
Whereas, pursuant to Article 120 (1 ) of the 1985 Act of
Accession, the Spanish price must be aligned with the                                      Article 2
common price in accordance with the method laid down
in Article 70 of that Act :                                       This Regulation shall enter into force on 1 May 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 April 1989.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
 (') OJ No L 164, 24. 6. 1985, p. 1 .
 P) OJ No L 153, 13 . 6. 1987, p. 1 .
 ---pagebreak---   29 . 4 . 89                                 Official Journal of the European Communities                                   No L 121 /53
                                                                       ANNEX
                       to the Commission Regulation of 28 April 1989 fixing the rate of the aid for dried fodder
                     Aid applicable from 1 May 1989 to dried fodder :
                                                                                                                                (ECU/tonne)
I                                                  Fodder dehydrated by artificial heat-drying
                                                             Protein concentrates
                                                                                                        Fodder otherwise dried
                                                                                        Other                                   Other
                                                    Spain          Portugal           Member    Spain          Portugal        Member
                                                                                        States                                  States :
  Aid                                             41,293            52,667             54,533   0,000           9,667           11,533
  Aid in case of advance fixing for the month of :
                                                                                                                                (ECU/tonne)
 June 1989                                        43,273            54,677             56,513   0,273          11,677           13,513
 July 1989 (')                                    48,091            59,567             61,331   5,091          16,567           18,331
 August 1989 (')                                  48,091            59,567             61,331   5,091          16,567           18,331
  September 1989 (')                              47,380            58,846             60,620   4,380          15,846           17,620
  October 1989 0                                  49,533            48,944             60,433  62,184            5,944          17,433
  19,184
  48,849                                           60,337           62,089              5,849  17,337          19,089
  December 1989 0                                 48,849            60,337             62,089   5,849          17,337           19,089
 January 1990 (2)                                   0,000            0,000              0,000   0,000 '         0,000            0,000
  February 1 990 (2)                                0,000            0,000              0,000   0,000           0,000            0,000
  March 1 990 (2)                                   0,000            0,000              0,000   0,000           0,000            0,000
 (') Depending on the intervention price for barley set for the 1989/90 marketing year.
 (2) In accordance with Article 6 (b) of Regulation (CEE) No 1528/78.