31989R0942

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

COMMISSION REGULATION (EEC) No 942/89 of 12 April 1989 fixing the sluice-gate prices and levies for poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES, market prices for feed grain should be taken into account only if at the same time a new sluice-gate price is fixed ; Having regard to the Treaty establishing the European Economic Community, Whereas, since no new sluice-gate prices have been fixed, the levies fixed by Regulation (EEC) No 1 38/89 should accordingly be maintained unchanged until 31 July Having regard to the Act of Accession of Spain and 1989 ; Portugal,

Whereas, Commission Regulation (EEC) No 631 /86 of 28 Having regard to Council Regulation (EEC) No 2777/75 February 1986 on the application of import levies on of 29 October 1975 on the common organization of the products from Portugal suspended the application of market in poultrymeat ('), as last amended by Regulation import levies on poultrymeat products from Portugal (6) (EEC) No 3907/87 (2), and in particular Articles 3 and 7 owing to the minimal difference between the prices obtai­ (1 ) thereof, ning in the Community on the one hand and in Portugal on the other hand ; whereas the situation still pertains ; Whereas the sluice-gate prices and levies for the products specified in Article 1 (1 ) of Regulation (EEC) No 2777/75 Whereas the measures provided for in this Regulation are must be fixed quarterly in advance in accordance with in accordance with the opinion of the Management methods of calculation laid down in Council Regulation Committee for Poultrymeat and Eggs, (EEC) No 2778/75 of 29 October 1975 laying down rules for calculating the levy and the sluice-gate price for poultrymeat (3), as last amended by Regulation (EEC) No 3986/87 (4) ;

HAS ADOPTED THIS REGULATION : Whereas, since the sluice-gate prices and levies for poultrymeat were, by Commission Regulations (EEC) No 138/89 Is) last fixed for the period 1 February to 30 April 1989, they must be fixed anew for the period 1 May to 31 Article 1 July 1989 ; whereas such prices and levies should in prin­ ciple be calculated by reference to feed-grain prices for 1 . The levies provided for in Article 3 of Regulation the period 1 November 1988 to 31 March 1989 ; (EEC) No 2777/75 in respect of the products specified in Article 1 (1 ) of that Regulation and the sluice-gate prices Whereas, when the sluice-gate prices applicable from 1 provided for in Article 7 of that Regulation in respect of November, 1 February and 1 May are being fixed, trends the like products shall, for the period 1 March to 31 July in world market prices for feed grain are to be taken into 1989, be - as fixed by Regulation (EEC) No 138/89 . account only if the price of the quantity of feed grain required varies by at least a specified minimum in rela­ 2. However for products falling within CN codes tion to that used to calculate the sluice-gate price for the 0207 31 , 0207 39 90, 0207 50, 0210 90 71 , 0210 90 79, preceding quarter ; whereas, by Regulation (EEC) No 1501 00 90, 1602 31 , 1602 39 19 , 1602 39 30 and 2778/75, this minimum was set at 3 % ; 1602 39 90 for which the rate of duty has been bound under GATT, the levies shall be limited to the amount Whereas the price of the quantity of feed grain required resulting from that binding. does not vary by 3 % or more from that used for the preceding quarter ; whereas the sluice-gate prices fixed by 3. For imports of products specified in paragraph 1 Regulation (EEC) No 138/89 should accordingly be main­ from Portugal, application of the levies shall be tained unchanged until 31 July 1989 for these products ; suspended.

Whereas, when the levies applicable from 1 November, 1 February and 1 May are being fixed, changes in world Article 2

(') OJ No L 282, 1 . 11 . 1975, p. 77. 0 OJ No L 370, 30. 12. 1987, p. 14. This Regulation shall enter into force on 1 May 1989. (3) OJ No L 282, 1 . 11 . 1975, p. 84. (4) OJ No L 376, 31 . 12. 1987. V) OJ No L 17, 21 . 1 . 1989, p. 15. (6) OJ No L 60, 1 . 3 . 1986, p. 11 .

No L 101 / 14 Official Journal of the European Communities 13 . 4. 89

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 MAC SHARRY Member of the Commission