No C 49/92 Official Journal of the European Communities 28. 2. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No . . . 
of... 
laying down general rules for the system of production aid for processed fruit and 
vegetables 
(90/C 49/58) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic 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 Regulation (EEC) No . . . (2), and in particular 
Articles 5 and 8 thereof, 
Having regard to a proposal from the Commission, 
Whereas Article 3 (2) of Regulation (EEC) No 426/86 
provides that in the case of dried grapes the producers are to 
undertake to withhold from delivery to the processing 
industry a given percentage of the quantities covered by 
contracts; whereas that percentage must ensure that the 
quality of products delivered by producers is adequate; 
whereas, in the case of dried grapes, the aid is to be paid on 
condition that a percentage to be determined of the quantities 
is not processed by processors; whereas those percentages 
must ensure that the quality of the product intended for 
consumption is adequate; 
Whereas certain products eligible for production aid are in 
direct competition with each other; whereas production aid 
must not affect that competitive situation; whereas the aid 
must be calculated for the main products concerned and 
whereas the aid for the other products must be derived from 
the aid thus calculated; 
Whereas Article 4 (2) of Regulation (EEC) No 426/86 
provides that the minimum price to be paid to the producer 
for dried grapes and dried figs is to be increased during the 
marketing year; whereas the price of the raw material to be 
taken into account for the purposes of calculating the aid 
should accordingly be specified; 
Whereas Article 5 (1) of the abovementioned Regulation 
provides that the price to be compared may be determined in 
the main producing and exporting third countries on the 
world market; whereas that price must be that paid to the 
producer at the farm-gate stage for raw material of a quality 
comparable with that of fresh Community products for 
processing; whereas, however, when that price is 
determined, those data should be weighted according to the actual exports of finished products from the producer 
countries concerned to the world market; 
Whereas, for products for which Community production 
accounts for a substantial proportion of the market, the trend 
in prices and quantities traded between the Community and 
third countries during the calendar year preceding the fixing 
of the aids may provide additional information on the 
components for calculating the aid; whereas provision 
should accordingly be made for the possibility of reducing the 
aid where necessary; 
Whereas the aid is calculated in respect of the raw material; 
whereas, however, the aid must be granted for the net weight 
of finished product;-whereas the ratio between those two 
components may be established on the basis of the average 
yields recorded in the Community; 
Whereas the trend in the various currencies of the Member 
States may result in distortion in competition between the 
producers of certain Member States of the Community owing 
to the lack of specific mechanisms for monetary 
compensation in this sector; whereas the possibility should 
be made available in accordance with a suitable 
decision-making procedure, of implementing a system of 
monetary adjustment if this proves necessary to ensure 
normal conditions of competition; 
Whereas the storage agencies approved by the Member States 
are to purchase quantities of dried grapes and dried figs at the 
end of the marketing year; whereas those must be disposed of 
so as to avoid disturbing normal trade on the market; 
whereas, to that end, provision should be made for the 
conditions of sale to be determined at Community level; 
Whereas the measures provided for in this Regulation replace 
those in Council Regulation (EEC) No 1277/84 (3), as 
amended by Regulation (EEC) No 2367/89 (4); whereas 
that Regulation must accordingly be repealed, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. For sultanas and currants the percentage referred to in 
Article 3 (2) of Regulation (EEC) No 426/86 shall be 
6%. 
(') OJNoL49, 27. 2. 1986, p. 1. 
(2) See page . . of this Official Journal. (3) OJ No L 123, 9. 5. 1984, p. 25. 
(4) OJNoL225, 3. 8. 1989, p. 1. 
28. 2. 90 Official Journal of the European Communities No C 49/93 
2. The percentages referred to in the third subparagraph 
of Article 6a (2) of that Regulation shall be as follows: 
(a) for currants: 15% 
(b) for other dried grapes: 8%. 
Article 2 
1. As regards products derived from tomatoes, the 
production aid shall be calculated for: 
(a) tomato concentrate falling within CN code 2002 90; 
(b) whole peeled tomatoes obtained from the San Marzano 
variety and falling within CN code 2002 10; 
(c) whole peeled tomatoes obtained from the Roma or 
similar varieties and falling within CN code 2002 10; 
(d) tomato juice falling within CN code 2009 50. 
2. Production aid for: 
— tomato flakes falling within CN code 0712 90 30, and 
— tomato juice, including passata, falling within CN code 
2002 90, 
shall, without prejudice to the measures adopted pursuant to 
Article 2 (3) of Regulation (EEC) No 426/86, be derived 
from aid calculated for tomato concentrate, account being 
taken in particular of the dry extract content of the 
product. 
3. Production aid for: 
— peeled tomatoes, whole or in pieces, preserved by 
freezing and falling within CN code 0710 80 70, 
— unpeeled whole tomatoes, preserved, falling within 
CN code 2002 10 00, and 
— peeled and unpeeled tomatoes in pieces, including crush 
or pizza sauce, falling within CN code 2002 10, 
shall, without prejudice to the measures adopted pursuant to 
Article 2 (3) of Regulation (EEC) No 426/86, be derived 
from the aid calculated for whole peeled tomatoes obtained 
from the Roma or similar varieties, account being taken in 
particular of the commercial characteristics of the 
product. 
4. The production aid for dried grapes shall be calculated 
for sultanas. 
The production aid for other varieties or types of dried grapes 
shall be derived from that aid, without prejudice to the 
measures adopted pursuant to Article 2 (3) of Regulation 
(EEC) No 426/86. 
Article 3 
1. For the purposes of applying the production aid 
provided for in Articles 5 (1) and 6a of Regulation (EEC) 
No 426/86, the provisions of this Article shall apply. 2. The production aid may not exceed the difference 
between the minimum price paid to the producer in the 
Community and the price of the raw material in the main 
producing and exporting third countries. 
3. The price of the raw material in the main competing 
third countries shall be determined mainly on the basis of the 
prices: 
— actually applying at the farm-gate stage for fresh products 
of a comparable quality used for processing, 
— weighted on the basis of the quantities of finished 
products exported by those third countries to the world 
market. 
4. For products for which Community production 
accounts for at least 50 % of the quantities for consumption 
on the Community market, the aid may be reduced by the 
trend in prices and in the quantities of imports and exports, 
which shall be determined by comparing the data for the 
calendar year preceding the beginning of the marketing year 
with the data for the previous calendar year. 
5. The minimum price for the raw material to be used for 
dried grapes and dried figs shall be the minimum price to be 
paid to the producer at the beginning of the marketing year, 
plus the average of the monthly increases provided for in 
Article 4 (2) of Regulation (EEC) No 426/86. 
Article 4 
The Commission may, in accordance with the procedure laid 
down in Article 22 of Regulation (EEC) No 426/86, 
establish a system of monetary adjustment with the aim of 
correcting the production aid by the impact on the minimum 
price minus the aid, of the differences between: 
— the agricultural conversion rate, and 
— the average of the rates referred to in Article 3 (1) of 
Council Regulation (EEC) No 1676/85 (*) during a 
period to be determined. 
Article S 
The factors referred to in Article 5 (2) of Regulation (EEC) 
No 426/86 shall be calculated on the basis of the average 
quantities of raw material used and the net weight of finished 
products obtained in the Community during the 1987/88, 
1988/89 and 1989/90 marketing years. Those factors shall 
be adjusted, where appropriate, depending on changes 
recorded subsequently. 
(>) OJ No L 164, 24. 6. 1985, p. 1. 
No C 49/94 Official Journal of the European Communities 28. 2. 90 
Article 6 
1. For the purposes of applying Article 8 of Regulation 
(EEC) No 426/86, Member States shall approve storage 
agencies presenting suitable guarantees on the one hand that 
they can store products under satisfactory technical 
conditions and on the other hand that they can satisfactorily 
manage products bought in. 
Those agencies shall be required in particular to store 
products bought in in separate premises and to keep separate 
accounts for those products. 
2. The sale of dried grapes and dried figs bought in by 
storage agencies and the conditions governing such sales shall 
be decided in accordance with the procedure laid down in 
Article 22 of Regulation (EEC) No 426/86, account being 
taken of the need not to jeopardize the balance on the 
market. 
3. Where special measures as referred to in the second 
subparagraph of Article 8 (3) of Regulation (EEC) 
No 426/86 are taken, special conditions may be laid down 
to ensure that the product will not be used for a purpose other 
than that specified. In that case, a special security may be required to ensure that 
undertakings entered into are fulfilled. The securities shall be 
forfeit, in full or in part, if the undertakings are not fulfilled 
or are only fulfilled in part. 
4. The sale shall be organized by invitation to tender or at 
a price fixed in advance. 
Tenders submitted shall only be taken into account where a 
security is lodged. 
Article 7 
Regulation (EEC) No 1277/84 is hereby repealed. 
Article 8 
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 the beginning of the 1990/91 marketing 
year for each product. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council