31989R0940

No L 101 / 10 Official Journal of the European Communities 13 . 4. 89

COMMISSION REGULATION (EEC) No 940/89 of 12 April 1989 fixing the sluice-gate prices and levies for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES, preceding quarter ; whereas the sluice-gate prices fixed by Regulation (EEC) No 137/89 should accordingly be main­ tained unchanged until 31 July 1989 ; Having regard to the Treaty establishing the European Economic Community, Whereas, when the levies applicable from 1 November, 1 February and i May are being fixed, world market prices for feed grain are to be taken into account only if at the same time a new sluice-gate price is fixed ; Having regard to the Act of Accession of Spain and Portugal, Whereas, since no new sluice-gate prices have been fixed, the levies fixed by Regulation (EEC) No 137/89 should accordingly be maintained unchanged until 31 July Having regard to Council Regulation (EEC) No 2771 /75 1989 ; of 29 October 1975 on the common organization of the market in eggs ('), as last amended by Regulation (EEC) No 3207/88 (2), and in particular Articles 3 and 7 (1) Whereas, Commission Regulation (EEC) No 630/86 of 28 thereof, February 1986 on the application of import levies on egg products from Portugal (*) suspended the application of import levies on egg products from Portugal owing to the minimal difference between the prices obtaining in the Whereas sluice-gate prices and levies for the products Community on the one hand and in Portugal on the specified in Article 1 (1 ) of Regulation (EEC) No 2771 /75 other hand ; whereas the situation still pertains ; must be fixed quarterly in advance in accordance with the methods of calculation laid down in Council Regulation (EEC) No 2773/75 of 29 October 1975 laying down rules Whereas the measures provided for in this Regulation are for calculating the levy and the sluice-gate price for in accordance with the opinion of the Management eggs (3), as last amended by Regulation (EEC) No Committee for Poultrymeat and Eggs, 4155/87 (4) ;

Whereas, since sluice-gate prices and levies for eggs were, HAS ADOPTED THIS REGULATION : by Commission Regulation (EEC) No 137/89 0, last fixed for the period 1 February to 30 April 1989, they must be fixed anew for the period 1 May to 31 July 1989 ; whereas such prices and levies should in principle be calculated by Article 1 reference to feed-grain prices for the period 1 November 1988 to 31 March 1989 ;

1 . The levies provided for in Article 3 of Regulation (EEC) No 2771 /75 in respect of the products specified in Whereas, when the sluice-gate prices applicable from 1 Article 1 (1 ) of that Regulation and the sluice-gate prices November, 1 February and 1 May are being fixed, changes provided for in Article 7 of that Regulation in respect of in world market prices for feed grain are to be taken into the like products shall, for the period 1 May to 31 July account only if the price of the quantity of feed grain 1989 be as fixed by Regulation (EEC) No 137/89. required varies by at least a specified minimum in rela­ tion to that used to calculate the sluice-gate price for the preceding quarter ; whereas, by Regulation (EEC) No 2773/75, the minimum was set at 3 % : 2. For imports from Portugal of products specified in paragraph 1 , application of the levies shall be suspended.

Whereas the price of the quantity of feed grain required does not vary by 3 % or more from that used for the Article 2

(') OJ No L 282, 1 . 11 . 1975, p. 49. 0 OJ No L 286, 20. 10. 1988, p. 2. This Regulation shall enter into force on 1 May 1989. 3 OJ No L 282, 1 . 11 . 1975, p. 64. 0 OJ No L 392, 31 . 12. 1987, p. 29. 0 OJ No L 17, 21 . 1 . 1989, p. 13. O OJ No L 60, 1 . 3 . 1986, p. 10.

13 . 4. 89 Official Journal of the European Communities No L 101 / 11

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

Done at Brussels, 12 April 1989.

For the Commission Ray MAG SHARRY Member of the Commission