CELEX: 31989R4015
Language: en
Date: 1989-12-30
Title: Commission Regulation (EEC) No 4015/89 of 29 December 1989 fixing the rate of the aid for dried fodder

No L 382/32                              Official Journal of the European Communities                                30 . 12. 89
                                        COMMISSION REGULATION (EEC) No 4015/89
                                                      of 29 December 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
Having regard to the Treaty establishing the European               favourable actual purchase possibilities excepting those
 Economic Community,                                                which cannot be considered representative of the real
                                                                    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 f7) ;
 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 1117/78 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 (% 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 ;
(2) OJ  No   L 218,  28 . 7. 1989 , p. 1.
(3) OJ  No   L 118,  29 . 4. 1989,  p. 4.
(4) OJ  No   L 171 , 28 . 6. 1978 , p. 1.                           (6) OJ No L 179, 1 . 7. 1978 , p. 10 .
O   OJ  No   L 118,  29.  4. 1989 , p. 3.                           0 OJ No L 218, 28 . 7. 1989, p. 30.
 ---pagebreak--- 30. 12. 89                              Official Journal of the European Communities                          No L 382/33
Whereas, if the aid system is to operate normally, refunds        Regulation (EEC) No 1117/78, between the guide price
should i>e 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 1 636/87 (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
     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         1 . The rate of the aid referred to in Article 5 (3) of
per month so as to ensure application of the aid from the         Regulation (EEC) No 1117/78 is fixed in the Annex to
first day of the month following the date of its fixing ;         this Regulation.
Whereas, pursuant to Article 120 (1 ) of the 1985 Act of          2. The rate of the aid in case of advance fixing for the
Accession, the Spanish price must be aligned with the              1990/91 marketing year shall, however, be confirmed or
common price in accordance with the method laid down              replaced with effect from 1 January 1990 to take into
in Article 70 of that Act ;                                       account the guide price which is fixed for dried fodder,
Whereas, pursuant to Articles 120 (2) and 306 (2) of the          related measures and the percentages referred to in Article
Act of Accession, the additional aid applicable in these          5 of Regulation (EEC) No 1117/78 for the 1990/91
two Member States is to be adjusted by an amount equal            marketing year.
to the amount of customs duties on imports of these
products from third countries ; whereas, in addition, in                                  Article 2
Spain the amount is to be adjusted by the difference,
multiplied by the percentage referred to in Article 5 (2) of      This Regulation shall enter into force on 1 January 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 December 1989 .
                                                                           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 .
 ---pagebreak---   No L 382/34                                    Official Journal of the European Communities                                                     30. 12. 89
                                                                             ANNEX
                        to the Commission Regulation of 29 December 1989 fixing the rate of the aid for dried
                                                                              fodder
 Aid applicable from 1 January 1990 to dried fodder :
                                                                                                                                                   (ECU/tonne)
I                                                    Fodder dehydrated by artificial heat drying
                                                                  Protein concentrates
                                                                                                                        Fodder otherwise dried
                                                                                             Other                                                 Other
                                                       Spain            Portugal           Member                              Portugal           Member
                                                                                             States                                                 States
  Aid                                                 70,050             82,095             83,290                              49,095             50,290
  Aid in case of advance fixing for the month of :
                                                                                                                                                    (ECU/tonne)
  February 1990                                       69,766             81,807             83,006                              48,807             50,006
  March 1990                                          69,766             81,807             83,006       \                      48,807             50,006
  April 1990                                          67,686             79,701             80,926                              46,701 ,           47,926
  May 1990 (')                                        73,423             81,045             82,253                              48,045             49,253
  June 1990 (')                                       73,423             81,045             82,253       \                      48,045             49,253
  July 1990 (')                                       71,947             79,550             80,777       \\                     46,550             47,777
  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 1 990 (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 of the percentages mentioned in Article 5 of Regulation EEC)
      No 1117/78 and related measures.
  (2) In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.