CELEX: 31989R0519
Language: en
Date: 1989-03-01 00:00:00
Title: Commission Regulation (EEC) No 519/89 of 28 February 1989 fixing the rate of the aid for dried fodder

1 . 3. 89                             Official Journal of the European Communities                              No L 58/35
                                   COMMISSION REGULATION (EEC) No 519/89
                                                   of 28 February 1989
                                      fixing the rate of the aid for dried fodder
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     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 2256/88 (*), the average
Having regard to the Treaty establishing the European           world market price for the products described in the first
Economic Community,                                             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 Act of Accession of Spain and              which cannot be considered representative of the real
Portugal,
                                                                market trend ; whereas offers and quotations recorded
                                                                during the first 25 days of the month in question for
Having regard to Council Regulation (EEC) No 1117/78            quantities that can be delivered during the following
of 22 May 1978 on the common organization of the                calendar month are to be used ; whereas the average world
market in dried fodder ('), as last amended by Regulation        market price thus determined is used to fix the aid rate
(EEC) No 3996/87 (2), and in particular Article 5 (3)            applicable oh the following month ;
thereof,
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
Whereas, under Article 5 ( 1 ) of Regulation (EEC) No            above ; whereas these adjustments were defined in Article
 1117/78, when the guide price is higher than the average        3 of Commission Regulation (EEC) No 1528/78 of 30
world market price, aid is granted for dried fodder as           June 1978 laying down detailed rules for the application
described under Article 1 (b) and (c) of that Regulation         of the system of aid for dried fodder (*), as last amended
and obtained from fodder plants harvested in the                 by Regulation (EEC) No 1963/88 P);
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
Whereas this percentage and the guide price were fixed           (EEC) No 1417/78 , when no offer or quotation can be
by Council Regulation (EEC) No 2257/88 of 19 July 1988           used to determine the average world market price, that
fixing for the 1988/89 marketing year the guide price for        price is determined on the basis of the sum of the value
dried fodder (3) ;                                               of competing products ; whereas those products are
                                                                 defined in Article 3 (3) of Regulation (EEC) No 1528/78 ;
Whereas, in the absence of the guide price for dried
fodder and of the percentages referred to in Article 5 of
Regulation (EEC) No 1117/78 for the 1989/90 marketing
year, the rate of the aid in case of advance fixing for the      Whereas, pursuant to Article 1 1 of Regulation (EEC) No
 months concerned has been obtainable only provisionally         1417/78, when forward prices differ from that applying in
 and should be confirmed or replaced once the guide              the month when the application is lodged, the aid rate is
 price, related measures and the percentages referred to in      adjusted by a correcting amount calculated from the trend
Article 5 of Regulation (EEC) No 1 1 17/78 for the               of forward prices ;
 1989/90 marketing year are known ;
Whereas, in order to determine the amount of the aid,
 account should be taken among the calculation factors of        Whereas, where the average world market price is deter­
 the latest Commission proposals to the Council on prices        mined in accordance with Article 3 of Regulation (EEC)
 and related measures ;                                          No 1417/78, the corrective amount must be equal to the
                                                                 difference between the average world market price and
                                                                 the average forward world market price determined by
Whereas the average world market price is determined for         applying the criteria laid down in Article 3 (3) of Regula­
 a bulk pelleted product, delivered to Rotterdam, of the         tion (EEC) No 1 528/78 and valid for delivery during a
 standard quality for which the guide price has been fixed ;
                                                                 0   OJ No  L  171 , 28. 6. 1978, p. 1 .
 (') OJ No L 142, 30. 5. 1978, p. 1 .                            H   OJ No  L  199,  26. 7. 1988, p. 3.
 0 OJ No L 377, 31 . 12. 1987, p. 35.                            («) OJ No  L  179,  1 . 7. 1978, p. 10.
 (3) OJ No L 199, 26. 7. 1988, p. 4.                             o   OJ No  L  173,  5. 7. 1988, p. 9 .
 ---pagebreak--- No L 58/36                              Official Journal of the European Communities                                 1 . 3. 89
month other than that in which the aid is introduced,             two Member States is to be adjusted by an amount equal
adjusted by the percentage fixed under Article 5 (2) of           to the amount of customs duties on imports of these
Regulation (EEC) No 11 17/78 ; whereas where the average          products from third countries ; whereas, in addition, in
forward world market price for one or more months                 Spain the amount is to be adjusted by the difference,
cannot be determined by applying the criteria laid down           multiplied by the percentage referred to in Article 5 (2) of
in Article 3 (3) of Regulation (EEC) No 1528/78, the              Regulation (EEC) No 1117/78, between the guide price
corrective amount must be fixed for the month or months           applied in Spain and the common guide price ;
in question at a level such that the aid is equal to zero ;
Whereas it has not yet been possible to fix the fixed             Whereas, as the result of the applications of all these
amount referred to in the second subparagraph of Article          provisions to the offers and quotations which the
                                                                  Commission has recorded, the rate of the additional aid
3 (3) of Regulation (EEC) No 1528/78 as regards barley            for dried fodder must be fixed as indicated in the table
for the 1988/89 marketing year ;
                                                                  annexed to this Regulation,
Whereas, if the aid system is to operate normally, refunds
should be calculated on the following basis ;
— in the case of currencies which are maintained in rela­
     tion to each other at any given moment within a band         HAS ADOPTED THIS REGULATION :
     of 2,25 %.r a conversion rate based on their central
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 ( 1 ) of Council Regula­                              Article 1
     tion (EEC) No 1676/85 ('), as last amended by Regula­
     tion (EEC) No 1636/87 (2>,                                    1 . The rate of the aid referred to in Article 5(3) of
— for other currencies a conversion rate based on the
                                                                   Regulation (EEC) No 1117/78 is fixed in the Annex to
     arithmetic mean of the spot market rates of each of           this Regulation.
     these currencies recorded over a given period in rela­
     tion to the Community currencies referred to in the           2. The rate of the aid in case of advance fixing for the
     previous indent and on the aforesaid corrective factor ;      1989/90 marketing year shall, however, be confirmed or
Whereas the rate of the additional aid must be fixed once          replaced with effect from 1 March 1989 to take into
per month so as to ensure application of the aid from the          account the guide price which is fixed for dried fodder,
first day of the month following the date of its fixing ;          related measures and the percentages referred to in Article
                                                                   5 of Regulation (EEC) No 1117/78 for the 1989/90
Whereas, pursuant to Article 120 ( 1 ) of the 1985 Act of          marketing year.
Accession, the Spanish price must be aligned with the
common price in accordance with the method laid down
in Article 70 of that Act ;                                                                Article 2
Whereas, pursuant to Articles 120 (2) and 306 (2) of the
Act of Accession, the additional aid applicable in these           This Regulation shall enter into force on 1 March 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 February 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--- 1 . 3 . 89                                     Official Journal of the European Communities                                                   No L 58/37
                                                                           ANNEX
                      to the Commission Regulation of 28 February 1989 fixing the rate of the aid for dried
                                                                            fodder
                      Aid applicable from 1 March 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                                                 46,677              62,608            64,327              3,677            19,608            21,327
Aid in case of advance fixing for the month of :
                                                                                                                                                  (ECU/tonne)
April 1989                                          44,130              60,023            61,780               1,130           17,023            18,780
May 1989 (')                                        51,352              62,877            64,592               8,352           19,877            21,592
June 1989 0                                         51,352              62,877            64,592               8,352           19,877            21,592
July 1989 (')                                       51,087              62,608            64327                8,087           19,608            21,327
August 1989 0                                       51,087              62,608            64,327               8,087           19,608            21,327
September 1989 0                                    50,243              61,751            63,483               7,243           18,751            20,483
October 1989 (')                                    50,243              61,751            63,483               7,243           18,751            20,483
November 1989 (')                                   51,328              62,853            64,568               8,328           19,853            21,568
December 1 989 (')                                  51,328              62,853            64,568               8,328           19,853            21,568
January 1990 0                                       0,000               0,000              0,000              0,000            0,000              0,000
February 1990 0                                      0,000               0,000              0,000              0,000            0,000              0,000
March 1990O                                          0,000               0,000              0,000              0,000            0,000              0,000
(') 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.
(2) In accordance with Article 6 (b) of Regulation (CEE) No 1528/78.