CELEX: 31989R1358
Language: en
Date: 1989-05-18 00:00:00
Title: Commission Regulation (EEC) No 1358/89 of 18 May 1989 amending Regulation (EEC) No 735/85 fixing the amount of the subsidy on oil seeds

No L 135/22                               Official Journal of the European Communities                                19 . 5 . 89
                                      COMMISSION REGULATION (EEC) No 1358/89
                                                          of 18 May 1989
                 amending Regulation (EEC) No 735/85 fixing the amount of the subsidy on oil
                                                               seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          advance fixing of the subsidy for colza, rape and
                                                                     sunflower seed and Regulation (EEC) No 755/85 Q of the
                                                                     same date fixing the amount of the subsidy on oil seeds ;
                                                                     whereas Annex III to Regulation (EEC) No 755/85, which
Having regard to the Treaty establishing the European                came into force on 23 March 1985, sets out the corrected
Economic Community,                                                  conversion rates for the ecu :
                                                                     Whereas, following the judgment of the Court of Justice
Having regard to Regulation No 136/66/EEC of the
                                                                     of 28 February 1989 in Case 201 /87, Regulation (EEC)
Council of 22 September 1966 on the establishment of a
                                                                     No 756/85 was declared invalid having regard to Article 8
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 2210/88 (2), and in              ( 1 ) of Council Regulation (EEC) No 1594/83 of 14 June
                                                                     1983 on the subsidy for oil seeds (8) ;
particular Article 27 (4) thereof,
                                                                     Whereas, in order to prevent operators whose applications
Having regard to Regulation (EEC) No 1569/72 of the                  for advance-fixing certificates for the subsidy have been
Council of 20 July 1972 laying down special measures for             suspended pursuant to Regulation (EEC) No 756J85 from
colza, rape and sunflower seed (3), as last amended by               obtaining a subsidy which is unwarranted and discrimi­
Regulation (EEC) No 2216/88 (4), and in particular Article           natory with respect to the other operators, the correct
2 (3) thereof,                                                       conversion rates applicable to such applications should be
                                                                     re-established in accordance with Council Regulation
                                                                     (EEC) No 1223/83 of 20 May 1983 on the exchange rates
                                                                     to be applied in agriculture (9), as last amended by
Having regard to the opinion of the Monetary Committee,              Regulation (EEC) No 855/84 (10),
Whereas Commission Regulation (EEC) No 735/85 (5)
establishes the amount of the aid to be granted from 22
March 1985 ;
                                                                     HAS ADOPTED THIS REGULATION :
Whereas, owing to a substantive error in the conversion
rates for the ecu in Annex III to the abovementioned
Regulation, the amounts of the subsidies did not                                                  Article 1
correspond in certain cases to the provisions of
Regulation No 136/66/EEC as regards the detailed rules
for the calculation of the subsidy ; whereas a manifest              Annex III to Regulation (EEC) No 735/85 is hereby
error was involved in view of the rates for the ecu                  replaced by the Annex hereto.
applying at that time ;
Whereas, owing to the error mentioned above, the                                                  Article 2
application of the subsidies fixed in Regulation (EEC) No
735/85 would have led to the granting to certain operators
of subsidies which would have been too high ; whereas, to            This Regulation shall enter into force on the day of its
 prevent that undue, discriminatory advantage over the               publication in the Official Journal of the European
                                                                      Communities.
other operators, the Commission adopted - Regulation
(EEC) No 756/85 (6) of 22 March 1985 suspending
                                                                      It shall apply from 22 March 1985.
(') OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 197, 26. 7. 1988, p. 1 .
0 OJ No L 167, 25. 7. 1972, p. 9 .                                   O OJ     No L 81 , 23. 3. 1985, p. 36.
(4) OJ No L 197, 26. 7. 1988 , p. 10 .                               (8) OJ   No L 163, 22. 6 . 1983, p. 44.
(5) OJ No L 80 , 22. 3 . 1985, p. 18.                                O OJ     No L 132, 21 . 5. 1983, p. 33 .
 (6) OJ No L 81 , 23 . 3 . 1985, p . 38 .                            O OJ      No L 90 , 1 . 4. 1984, p. 1 .
 ---pagebreak--- 19 . 5. 89                      Official Journal of the European Communities                           No L 135/23
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 18 May 1989.
                                                                       For the Commission
                                                                        Ray MAC SHARRY
                                                                  Member of the Commission
                                                     ANNEX
                                                   ANNEX III
           Exchange rates of the ecu to be used for converting final aids into the currency of the
             country of processing where the latter is a country other than the country of production
                                                                                                       (value of ECU 1)
               Current month      1st month         2nd month          3rd month         4th month      5th month
DM                  2,225680         2,218560          2,212110           2,205790          2,205790       2,188920
F1                  2,518270         2,512760          2,507950           2,502950          2,502950       2,487860
Bfrs/Lfrs          44,769200       44,795200         44,831100          44,860700         44,860700      44,962900
FF                  6,802180         6,808060          6,814560           6,823940          6,823940       6,857480
Dkr                 7,964400         7,979560          7,985870           7,988250          7,988250       8,001030
£ Irl               0,714652         0,717347          0,720164           0,722332          0,722332       0,727880
£                   0,605243         0,607481          0,609142 .         0,610547          0,610547       0,612807
Lit            1 402,95         1 408,77          1 414,78           1 421,02          1 421,02       1 440,17
Dr                 94,457600       94,446600          94,471700          94,499600         94,499600      94,676700'