‘No L 128/36 Official Journal of the European Communities 11. 5. 89 COUNCIL REGULATION (EEC) No 1240/89 of 3 May 1989 fixing the amounts of aid for seeds for the 1990/91 and 1991/92 marketing years THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Articles 89 (1) and 234 (2) thereof, Having regard to Council Regulation (EEC) No 2358/71 of 26 October 1971 on the common organization of the market in seeds (1), as last amended by Regulation (EEC) No 1239/89 (2), and in particular Article 3 (3) thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (), Whereas the present situation and the outlook on the Community market for seeds listed in the Annex to Regulation (EEC) No 2358/71 that will be sold during the 1990/91 and 1991/92 marketing years do not offer the assurance of a fair return to producers; whereas part of their costs should therefore be met by the granting of aid; Whereas Article 3 (2) of Regulation (EEC) No 2358/71 provides that the aid shall be fixed, taking into account, on the one hand, the need to ensure a balance between the volume of production required in the Community and the possible outlets for that production and, on the other hand, the prices of the products on external markets; Whereas the varieties of rice (Oryza sativa L.) of indica type or profile available in the Community are not always well adapted to farming and weather conditions in the producing areas of the Community; whereas these varieties are in demand on the Community market; whereas the aid for rice seed should therefore be differentiated so as to encourage production of seed of the indica type or profile; Whereas the varieties of indica type or profile in question are those specified in Regulation (EEC) No 3878/87 (¢), Whereas Articles 106 and 300 of the Act of Accession stipulate that the aid for seeds is to be granted in Spain and Portugal in accordance with Articles 79 and 246 of the said Act; Whereas the application of these provisions results in the fixing of the amounts of aid applicable for the 1990/91 and 1991/92 marketing years at the levels set out in the Annexes hereto, HAS ADOPTED THIS REGULATION: Article 1 For the 1990/91 and 1991/92 marketing years the amounts of the aid granted for seeds referred to in Article 3 of Regulation (EEC) No 2358/71 shall be as set out in the Annexes hereto. Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. It shall apply from 1 July 1989. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 3 May 1989. (1) OJ No L 246, 5. 11. 1971, p. 1. (2) See page 35 of this Official Journal. (3) OJ No C 82, 3. 4. 1989, p. 100. (*) OJ No C 120, 16. 5. 1989. (%) Opinion delivered on 31 March 1989 (not yet published in the Official Journal). : ‘For the Council ‘ The President P. SOLBES (¥) OJ No L 365, 24. 12. 1987, p. 3.