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COMMISSION REGULATION (EEC) No 3295/89

of 31 October 1989

fixing the additional levy and the reimbursement in the cereals sector for the 1989/90 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Commission Regulation (EEC) No 2860/89 (2), and in particular Articles 4 (5) and 4b (5) thereof,

Having regard to Council Regulation (EEC) No 729/89 of 20 March 1989 laying down general rules for the special arrangements applicable to small producers as part of the co-responsibility arrangements in the cereals sector (3), and in particular Article 2 (4) thereof,

Whereas the Commission has ascertained that cereal production in 1989/90 exceeds the maximum guaranteed quantity by 500 000 tonnes; whereas, as a result of this finding, the additional co-responsibility levy should be fixed at 0,31 % of the intervention price applicable for common wheat;

Whereas, pursuant to Commission Regulation (EEC) No 1432/88 of 26 May 1988 laying down detailed rules for applying the co-responsibility levy in the cereals sector (4), as last amended by Regulation (EEC) No 2712/89 (5), the difference between the provisional additional co-responsibility levy and the definitive additional co-responsibility levy is to be reimbursed to the producers;

Whereas Commission Regulation (EEC) No 1487/89 of 30 May 1989 fixing the additional co-responsibility levy on cereals for the 1989/90 marketing year (6) fixes the additional co-responsibility levy provisionally; whereas that Regulation should be repealed;

Whereas, in accordance with Regulation (EEC) No 729/89, the overall aid for small producers is to be reduced by the amount of the co-responsibility levy reimbursed; whereas that result may be attained by applying a coefficient to the amounts allocated to the Member States by Commission Regulation (EEC) No 743/89 of 21 March 1989 laying down detailed rules for the application of a direct aid scheme for small producers of cereals (7);

Whereas, in the interest of the producers and taking the administrative requirements into account, the definitive additional co-responsibility levy should be applied from 1 November 1989;

Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

For the 1989/90 marketing year:

- the additional co-responsibility levy provided for in Article 4b of Regulation (EEC) No 2727/75 is hereby fixed at ECU 0,54 per tonne,

- the difference referred to in Article 3 (1) of Regulation (EEC) No 1432/88 is hereby fixed at ECU 4,68 per tonne.

Article 2

The amounts referred to in Article 1 (2) and the second indent of Article 4 of Regulation (EEC) No 743/89 shall be multiplied by the coefficient 0,551724.

Article 3

Regulation (EEC) No 1487/89 is hereby repealed.

Article 4

This Regulation shall enter into force on 1 November 1989.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 October 1989.

For the Commission

Ray MAC SHARRY

Member of the Commission

(1) OJ No L 281, 1. 11. 1975, p. 1.

(2) OJ No L 274, 23. 9. 1989, p. 41.

(3) OJ No L 80, 23. 3. 1989, p. 5.

(4) OJ No L 131, 27. 5. 1988, p. 37.

(5) OJ No L 262, 8. 9. 1989, p. 22.

(6) OJ No L 147, 31. 5. 1989, p. 23.

(7) OJ No L 80, 23. 3. 1989, p. 38.