30. 5. 88 Official Journal of the European Communities No C 139/61 
Proposal for a Council Regulation (EEC) on temporary measures relating to production aid for 
processed tomato products 
(88/C 139/52) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Articles 89(2) and 234(3) 
thereof, 
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 Regulation (EEC) No ..., and in 
particular Article 2(3) thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Article 2(1) of Council Regulation (EEC) No 989/ 
84 of 31 March 1984 introducing a system of guarantee 
thresholds for certain processed fruit and vegetable 
products (2), as amended by Regulation (EEC) No 1354/ 
86 (3), provides that the production aid for processed 
tomato products is to be reduced where the guarantee 
threshold is exceeded; 
Whereas Council Regulation (EEC) No 1320/85 of 23 May 
1985 on temporary measures for production aid to 
processed tomato products (4), as last amended by 
Regulation (EEC) No 1929/87 (5), limits the granting of the 
aid, for the 1985/1986, 1986/1987 and 1987/1988 market­
ing years in the producer Member States, to certain 
quantities of fresh tomatoes for processing; 
(!) OJ No L 49, 27.2. 1986, p. 1. 
(2) OJ No L 103, 16. 4. 1984, p. 19. 
(3) OJ No L 119, 8. 5. 1986, p. 54. 
(4) OJ No L 137, 27. 5. 1985, p. 41. 
(5) OJ No L 183, 3. 7. 1987, p. 33. Whereas the current restrictions on the granting of the aid 
should be continued for a period of no more than two 
marketing years with certain adaptations in the light of 
experience; whereas in particular production quotas 
should be divided between the processing undertakings on 
the basis of the total quantities which they have processed 
in the last three marketing years; 
Whereas the undertakings which commenced production 
after the beginning of the 1986/1987 marketing year have 
not benefited from production aid; whereas the new 
scheme should grant them a quota based on an appropriate 
reference period; 
Whereas the Act of Accession lays down the quantities of 
processed tomato products which may qualify in Spain and 
Portugal for Community aid in the first four marketing 
years following accession; whereas those overall quantities 
should be included in this Regulation and their breakdown 
should be adjusted in line with the trend of the market; 
Whereas, in order to permit some development of the 
production structures in the sector, a small percentage of 
the total quantities allocated in each Member State should 
be reserved for undertakings beginning production in the 
1988/1989 and 1989/1990 marketing years; 
Whereas, during the period of application of the measures 
limiting the granting of production aid, there is justification 
for laying down that whether the guarantee threshold has 
been exceeded is to be determined on the basis of only those 
quantities for which production aid has actually been 
granted, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. In the 1988/1989 and 1989/1990 marketing years, the 
granting of production aid shall be limited, for all 
processing undertakings in each Member State, to the 
quantities of processed tomato products obtained from the 
following quantities in tonnes of fresh tomatoes: 
No C 139/62 Official Journal of the European Communities 30. 5. 88 
All undertakings 
located in 
Spain 
France 
Greece 
Italy 
Portugal Tomato 
concentrate 
370 000 
283 691 
979 122 
1 621 802 
682 945 Tinned 
whole peeled 
tomatoes 
209 000 
58 628 
12 881 
1 235 641 
9 600 Other tomato 
products 
88 000 
50 087 
21593 
436 555 
2 192 
2. The quantities provided for in paragraph 1 shall, 
without prejudice to paragraph 3, be divided fairly by the 
Member States between the processing undertakings in 
proportion to the average quantities actually produced by 
each of them during the 1985/1986, 1986/1987 and 1987/ 
1988 marketing years. 
On application by the undertaking concerned, the 
competent authorities of the Member State shall authorize 
one only of the following three transfer possibilities: 
— a transfer of up to 20 % of quantities of peeled 
tomatoes, expressed in quantities of fresh tomatoes, to 
the quantities allocated for tomato concentrate and 
other tomato products; 
— a transfer of up to 10 % of quantities of tomato 
concentrate, expressed in quantities of fresh tomatoes, 
to the quantities allocated for the other products; 
— a transfer of up to 10 % of the quantities for other 
tomato products, expressed in quantities of fresh 
tomatoes, to the quantities allocated for concentrate. 
3. For the granting of the aid, processing undertakings 
which have commenced production in the 1986/1987 
marketing year shall be granted a quota calculated on the 
basis of the average quantities produced in the 1986/1987 
and 1987/1988 marketing years, less 10 %. 
4. Processing undertakings beginning production in the 
1987/1988 marketing year shall be granted a quota 
corresponding to quantities processed in that marketing 
year, less 20 %. 
5. Processing undertakings which begin production of 
one of the tomato products mentioned in paragrah 1 in the 
1988/1989 and 1989/1990 marketing years shall qualify for 
production aid under the following conditions. The producer Member States shall reserve 2 % of the total 
quantities fixed for each group of finished products for the 
purposes of allocating quotas to the undertakings referred 
to in the first subparagraph. The quota allocated to each 
undertaking may not exceed its processing capacity, less 
30%. 
6. Where all the quantities defined in paragraph 1 have 
not been allocated, the remainder shall be divided fairly 
between the processing undertakings referred to in 
paragraph 2, -taking account in particular of those 
undertakings which use new production technology. 
Article 2 
For the Community as constituted at 31 December 1985, 
and notwithstanding Article 2(2) of Regulation (EEC) 
No 989/84, production for the 1988/1989 and 1989/1990 
marketing years to be used to determine the amount by 
which the guarantee threshold is exceeded shall be that 
qualifying for production aid. 
Article 3 
Detailed rules for the application of this Regulation shall be 
adopted in accordance with the procedure laid down in 
Article 22 of Regulation (EEC) No 426/86. They shall 
include in particular rules applicable in the case of mergers 
and changes of ownership of undertakings. 
Article 4 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States.