25. 4. 90 Official Journal of the European Communities No L 105/15 (Acts whose publication. is not obligatory) COMMISSION COMMISSION DECISION of 4 October 1989 on an aid granted in France to cereal farmers and producers, financed by the reimbursement of specific fiscal and parafiscal charges (Only the French text is authentic) (90/197/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first. subpara- graph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organization of the market in pigmeat ('), as last amended by Regulation (EEC) No 1249/89 (3, and in particular Article 21 thereof, - Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of thie market in beef and veal (%), as last amended by Regulation (EEC) No 571/89 (%), and in particular Article 24 thereof, Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the - market in poultrymeat (°), as last amended by Regulation (EEC) No 1235/89 (¢), and in particular Article 23 thereof, Having given notice to the parties concerned, in accor- dance with Article 93 (2) of the Treaty, to submit their comments (7), Whereas : I Following a complaint, the Commission learned of a system under which-French livestock farmers who also () OJ No L 282, 1. 11. 1975, p.. 1. () O] No L 129, 11. 5..1989, p. 12. () OJ No L 148, 28. 6. 1968, p. 24. () OJ No L 61,-4. 3. 1989, p. 43. () OJ No L 282,°1. 11. 1975, p. 77. () OJ No L 128, 11. 5. 1989, p. 29. () O] No C 35, 11. 2. 1989, p. 17. grow cereals can obtain the reimbursement of specific fiscal charges (solidarity contributions, Bapsa (supplemen- tary budget for agricultural social benefits) contributions) paid on the delivery of cereals to a recognized collector (amending financial law for 1982 of 30 December 1982); whereas two decrees-of 26 October 1983 extended the arrangements -to cover parafiscal charges (FASC and FNDA (National Agricultural Development Fund) contri- butions). The system allows French livestock farmers who also grow cereals to obtain the reimbursement of the charges- paid on a quantity -of cereals, not exceeding 300 tonnes par marketing year, corresponding to -the amount of products of the same type contained in feedingstuffs purchased for their holding. II 1. By letter of 29 November 1988 addressed to-the French Government-the Commission stated that it had decided, in regard to the aid, to initiate the procedure provided of in Article 93 (2) of the EEC Treaty. 2.7 In that letter the: Commission informed the French authorities that it considered the aid to be an operating aid with no lasting- effect on the development of the sector concerned, the effects of which would disappear with the measure -itself- The Commission considers such. measures to be as a matter of principle incompatible with the common market. ‘