CELEX: 31988R3396
Language: en
Date: 1988-11-01
Title: Commission Regulation (EEC) No 3396/88 of 31 October 1988 fixing the rate of the aid for dried fodder

1 . 11 . 88                           Official Journal of the European Communities                             No L 299/31
                                       COMMISSION REGULATION (EEC) No 3396/88
                                                      of 31 October 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
   155 thereof,
                                                                   calendar month are to be used ; whereas the average world
                                                                   market price thus determined is used to fix the aid rate
  Having regard to the Act of Accession of Spain and               applicable on the following month ;
  Portugal,
  Having regard to Council Regulation (EEC) No 1117/78              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 O ;
  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 drifed 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 1528/78 ;
 Whereas this percentage and the guide price were fixed
 by Council Regulation (EEC) No 2257/88 of 19 July 1988
 fixing for the 1988/89 marketing year the guide price for         Whereas, pursuant to Article 1 1 of Regulation (EEC) No
 dried fodder (3) ;                                                1417/78, when forward prices differ from that applying in
                                                                   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
 Whereas, under Council Regulation (EEC) No 1417/78 of            tion (EEC) No 1528/78 and valid for delivery during a
                                                                  month other than that in which the aid is introduced,
 19 June 1978 on the aid system for dried fodder (4), as last
 amended by Regulation (EEC) No 2256/88 (5), the average          adjusted by the percentage fixed under Article 5 (2) of
world market price for the products described in the first        Regulation (EEC) No 1 1 17/78 ; whereas where the average
 and third indents of Article 1 (b) of Regulation (EEC) No        forward world market price for one or more months
 1117/78 is to be determined on the basis of the most             cannot be determined by applying the criteria laid down
                                                                  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 377, 31 . 12. 1987, p. 35.
(3 OJ No L 199, 26. 7. 1988, p. 4.
(4) OJ No L 171 , 28 . 6. 1978, p. 1 .                            Í6) 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 299/32                             Official Journal of the European Communities                                 1 . 11 . 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
      tion to each other at any given moment within a band        applied in Spain and the common guide price ;
      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 shall be as 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                                   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 November
 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, 31 October 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
   (>) OJ No L 164, 24. 6. 1985, p. 1 .
   (2) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak---   1 . 11 . 88                                 Official Journal of the European Communities                               No L 299/33
                                                                      ANNEX
                    to the Commission Regulation of 31 October 1988 fixing the rate of the aid for dried
                                                                       fodder
                    Aid applicable from 1 November 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                                            , 47,29:5           62,806             64,943  4,293        19,806          21,943
                                 V
Aid in case of advance fixing for the month of :
I                                                                                                                           (ECU/tonne)
December 1988                                     45,593           61,074             63,243  2,593        18,074          20,243
January 1989                                      39,036           54,394             56,686  0,000        11,394          13,686
February 1989                                     38,695           54,047             56,345  0,000        11,047          13,345
March 1989                                        38,695           54,047             56,345  0,000        11,047          13,345
April 1989                                       35,425           50,715              53,075  0,000         7,715          10,075
(') In accordance with Article 6 (b) of Regulation (EEC) No 1528/78.