5. 8.94 Official Journal of the European Communities No L 202/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 2009/94 of 27 July 1994 fixing for the 1994/95 marketing year the amount of the aid for the cultivation of certain varieties of grape intended for drying THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables (!), as last amended by Commission Regulation (EC) No 549/94 (%), and in particular Article 6 (6) thereof, Whereas, pursuant to Article 6 of Regulation (EEC) No 426/86, new aid arrangements in respect of specialized areas for the cultivation of sultanas, currants and musca- tels took effect as from the 1990/91 marketing year; whereas these arrangements have gradually replaced the system of production aid provided for in Article 6a; Whereas, pursuant to the second subparagraph of Article 6a (1) of the abovementioned Regulation, the Community aid per hectare should be set at the level laid down in this Regulation ; ) Whereas the third subparagraph of Article 6 (1) of Regula- tion (EEC) No 426/86 provides for the possibility to diffe- rentiate the amount of aid on the basis of the varieties of grapes and on other factors which may affect yield; whereas it is appropriate to provide such a differentiation by a coefficient derived from the ratio of average yield by variety to total average yield; whereas in the case of sultanas provision should be made for further differentia- tion between areas affected by phylloxera or replanted within the last five years, and other areas; Whereas, however, it is appropriate to provide that areas having a yield lower than a threshold differentiated for No L 49, 27. 2. 1986, p. 1. () O] No L 69, 12. 3. 1994, p. S. the varieties concerned shall not be considered as specia- lized areas for the application of the aid arrangements; whereas, therefore, aid shall not be granted for the cultiva- tion of such areas; Whereas it is necessary to determine the aid to be granted to producers who replant their vineyards in order to combat phylloxera under the conditions laid down in Article 6 (4) of Regulation (EEC) No 426/86; Whereas verification of the areas used for growing these grapes has revealed no overrun of the maximum guaran- teed area fixed in Article 4 of Commission Regulation (EEC) No 2911/90 of 9 October 1990 laying down detailed rules of application for aid for the production of certain varieties of grapes for drying (), as last amended by Regulation (EEC) No 1445/93 (%) ; Whereas the Management Committee for Products Processed from Fruit and Vegetables has not delivered an opinion within the time-limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 1.  For the 1994/95 marketing year, the per hectare aid for the cultivation of sultanas, currants and muscatels intended for processing pursuant to Article 6 of Regula- tion (EEC) No 426/86 shall be ECU 2 306 per hectare of specialized area harvested. () OJ No L 278, 10. 10. 1990, p. 35. () OJ No L 142, 12. 6. 1993, p. 27.