CELEX: 31988R3747
Language: en
Date: 1988-12-01 00:00:00
Title: Commission Regulation (EEC) No 3747/88 of 30 November 1988 fixing the rate of the aid for dried fodder

1 . 12. 88                                Official Journal of the European Communities                             No L 328/41
                                     COMMISSION REGULATION (EEC) No 3747/88
                                                      of 30 November 1988
                                          fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         favourable actual purchase possibilities excepting those
                                                                    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
                                                                    market price thus determined is used to fix the aid rate
                                                                    applicable on the following month ;
Having regard to the Act of Accession of Spain and
Portugal,
Having regard to Council Regulation (EEC) No 111 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
                                                                    by Regulation (EEC) No 1963/88 P) ;
Having regard to the opinion of the Monetary Committee,
Whereas, under Article 5 ( 1 ) of Regulation (EEC) No
1117/78, when the guide price is higher than the average            Whereas, in accordance with Article 3 of Regulation
world market price, aid is granted for dried fodder as              (EEC) No 1417/78, when no offer or quotation can be
described under Article 1 (b) and (c) of that Regulation            used to determine the average world market price, that
obtained from fodder plants harvested in the Commu­                 price is determined on the basis of the sum of the value
nity ; whereas that aid takes account of a percentage of            of competing products ; whereas those products are
the difference between these two prices ;                           defined in Article 3 (3) of Regulation (EEC) No 1 528/78 ;
Whereas this percentage and the guide price were fixed
by Council Regulation (EEC) No 2257/88 of 19 July 1988              Whereas, pursuant to Article 11 of Regulation (EEC) No
fixing for the 1988/89 marketing year the guide price for            1417/78 , when forward prices differ from that applying in
dried fodder (3) ;                                                   the month when the application is lodged, the aid rate is
                                                                     adjusted by a correcting amount calculated from the trend
Whereas, in order to determine the amount of the aid,               of forward prices ;
account should be taken among the calculation factors of
the latest Commission proposals to the Council on prices
and related measures ;
                                                                    Whereas, where the average world market price is deter­
                                                                     mined in accordance with Article 3 of Regulation (EEC)
Whereas the average world market price is determined for             No 1417/78 , the corrective amount must be equal to the
a bulk pelleted product, delivered to Rotterdam, of the              difference between the average world market price and
standard quality for which the guide price has been fixed ;          the average forward world market price determined by
                                                                     applying the criteria laid down in Article 3 (3) of Regula­
                                                                     tion (EEC) No 1528/78 and valid for delivery during a
Whereas, under Council Regulation (EEC) No 1417/78 of                month other than that in which the aid is introduced,
 19 June 1978 on the aid system for dried fodder (4), as last        adjusted by the percentage fixed under Article 5 (2) of
amended by Regulation (EEC) No 2256/88 (*), the average              Regulation (EEC) No 1 1 17/78 ; whereas where the average
world market price for the products described in the first           forward world market price for one or more months
and third indents of Article 1 (b) of Regulation (EEC) No            cannot be determined by applying the criteria laid down
 1117/78 is to be determined on the basis of the most
                                                                     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  377,  31 . 12. 1987, p. 35.
0   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--- No L 328/42                             Official Journal of the European Communities                                1 . 12. 88
Whereas it has not yet been possible to fix the fixed             Whereas, pursuant to Articles 120 (2) and 306 (2) of the
amount referred to in the second subparagraph of Article          Act of Accession, the additional aid applicable in these
3 (3) of Regulation (EEC) No 1528/78 as regards barley            two Member States is to be adjusted by an amount equal
for the 1988/89 marketing year ;                                  to the amount of customs duties on imports of these
                                                                  products from third countries ; whereas, in addition, in
Whereas, if the aid system is to operate normally, refunds        Spain the amount is to be adjusted by the difference,
should be calculated on the following basis ;              (      multiplied by the percentage referred to in Article 5 (2) of
— in the case of currencies which are maintained in rela­         Regulation (EEC) No 1117/78, between the guide price
                                                                  applied in Spain and the common guide price ;
     tion to each other at any given moment within a band
     of 2,25 % , a conversion rate based on their central         Whereas, as the result of the applications of all these
     rate, multiplied by the corrective factor provided for in    provisions to the offers and quotations which the
     the last paragraph of Article 3 (1 ) of Council Regula­      Commission has recorded, the rate of the additional aid
     tion (EEC) No 1676/85 ('), as last amended by Regula­        for dried fodder must be fixed as indicated in the table
     tion (EEC) No 1636/87 (2),                                   annexed to this Regulation,
— for other currencies a conversion rate based on the
     arithmetic mean of the spot market rates of each of          HAS ADOPTED THIS REGULATION :
     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         The rate of the aid referred to in Article 5 (3) of Regula­
per month so as to ensure application of the aid from the         tion (EEC) No 1117/78 is fixed in the Annex to this
first day of the month following the date of its fixing ;         Regulation.
Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of                                 Article 2
Accession, the Spanish price must be aligned with the
common price in accordance with the method laid down              This Regulation shall enter into force on 1 December
in Article 70 of that Act ;                                       1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 November 1988 .
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
(') OJ No L 164, 24. 6. 1985, p. 1 .
0 OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 1 . 12. 88                                   Official Journal of the European Communities                                No L 328/43
                                                                      ANNEX
                   to the Commission Regulation of 30. November 1988 fixing the rate of the aid for dried
                                                                       fodder
                   Aid applicable from 1 December 1988 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                                               56,624           72,312             74,274  13,624        29,312          31,274
                                                                                                                 >
Aid in case of advance fixing for the month of :
                                                                                                                             (ECU/tonne)
January 1989                                      51,389           66,979             69,039   8,389      , 23,979          26,039
February 1989                                    51,177            66,763             68,827   8,177        23,763          25,827
March 1989                                        51,177           66,763             68,827   8,177        23,763          25,827
April 1989                                       49,050            64,596             66,700   6,050        21,596          23,700
May 1989 (')                                       0,000            0,000              0,000   0,000         0,000            0,000
June 1989 (»)                                      0,000            0,000              0,000   0,000         0,000            0,000
July 1989 (')                                      0,000            0,000              0,000   0,000         0,000            0,000
August 1989 0                                      0,000            0,000              0,000   0,000         0,000            0,000
September 1989 0                                   0,000            0,000              0,000   0,000         0,000            0,000
October 1989 (')                                   0,000            0,000              0,000   0,000         0,000            0,000
(') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.