No L 324/26 Official Journal of the European Communities 9. 11. 89 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 21 March 1989 on aid supplementing the Community premium payable per ewe and goat in respect of the 1987 marketing year (Only the French text is authentic) (89/580/EEC) THE- COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in- particular the first subparagraph of -Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 1837/80 .of 27. June 1980 on the common organization of the market in sheepmeat and goatmeat (), as last amended by Regulation (EEC) No 1115/88 (3, and in particular Article 23 thereof,. Having given formal notice (%) to the parties concerned to submit their comments, in accordance with Article 93 (2) of the Treaty, Whereas, in the light of the following: I 1. By letter of 9 June 1988 the French authorities notified the Commission that in mid-April they had paid the balance of the Community premium payable per ewe and goat in respect of the 1987 marketing year. 2.  The French authorities stated that they had made. that- payment because the Management Committee for- Sheep and Goats, which had met on 16 March 1988, had failed to decide on the amount of the premium for 1987, and this despite the fact that pursuant to Article § (1) of- Regulation - (EEC) -No- 1837/80 the amount. of the premium must be fixed immediately after_the end of the marketing year. ' () OJ No L 183, 16. 7. 1980, p. 1. () OJ No L 110, 29. 4. 1988, p. 36. () OJ No C 26, 1. 2. 1989, p. 2. Commission  Regulation (EEC) No  1318/88 (%) . subsequently fixed the amount of the premium for 1987 at a level below that set by the French authorities, taking into account both the advance payment which the Council authorized on.23 July 1987 pursuant to the third subparagraph of Article 93 (2), and the balance referred to above. The French stockfarmers concerned accordingly received, on the basis of FF 4,55 per ewe and FF 3,56 per goat, a - total of FF 35 million (ECU § million). II 1. By letter of 14 November 1988 the Commission informed the French Government that it had decided to initiate in respect of that aid the procedure provided for in -Article 93 (2) of the EEC Treaty. 2. In its letter the Commission informed the French authorities that, in its opinion, the aid constituted operating aid, which could have no lasting effect on the development of the sector concerned since its effects would cease to be felt as soon as the measure itself came to an end. The Commission feels that aid of this type is, in principle, incompatible with- the common market.. The scheme in question disregards the principle whereby any measure which a Member State adopts which is not specifically provided for by the Community and which relates to market mechanisms is likely to have an adverse effect on the operation of the EEC market organization () OJ No L 123, 17. 5. 1988, p. 12.