No C 49/88 Official Journal of the European Communities 28. 2. 90 
Proposal for a 
COUNCIL REGULATION (EEC) No . . . 
of... 
on temporary measures relating to production aid for processed tomato products 
(90/C 49/55) 
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 (J), as last 
amended by Regulation (EEC) No 1125/89 (2), 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 (3), as amended by Regulation (EEC) No 
2246/88 (4), provides that production aid is to be reduced 
where the threshold guarantee for processed tomato 
products is exceeded; 
Whereas Council Regulation (EEC) No 2243/88 of 19 July 
1988 on temporary measures relating to production aid for 
processed tomato products (s), as amended by Regulation 
(EEC) No 1126/89 (6), limits the granting of the aid for the 
1988/89 and 1989/90 marketing years in producer Member 
States to certain quantities of fresh tomatoes intended to be 
processed; 
Whereas the arrangements in force restricting the granting of 
the aid should continue to be maintained with certain 
adaptations in the light of experience gained, for a period 
limited to one marketing year to take account of the 
(») OJNoL49, 27. 2. 1986, p. 1. 
(2) OJ No L 118, 29. 4. 1989, p. 29. 
(3) OJ No L 103, 16. 4. 1984, p. 19. 
(«) OJ No L 198, 26. 7. 1988, p. 20. 
(5) OJ No L 198, 26. 7. 1988, p. 14. 
(6) OJ No L 118, 29. 4. 1989, p. 31. general situation of this production sector and pending the 
full integration of Portugal into the Community system; 
whereas the production quotas should in particular be 
broken down between the processing undertakings on the 
basis of the total quantities which they processed in the last 
three marketing years; 
Whereas the undertakings which commenced production 
after the beginning of the 1988/89 marketing year have only 
benefited partially from the production aid scheme; whereas, 
under the new scheme, they should be granted a quota based 
on a suitable reference period; 
Whereas the Act of Accession of Spain and Portugal lays 
down the quantities of processed tomato products which 
may qualify for Community aid in the first four marketing 
years following accession in the case of Spain and in the first 
five marketing years following accession in the case of 
Portugal; whereas those quantities are given in Regulation 
(EEC) No 2243/88 for the 1988/89 and 1989/90 
marketing years; whereas the quantities which may qualify 
for production aid in Spain should be increased to take 
account of the structural adaptations and adjustments of the 
sector to the new situation created by integration into the 
Community system; 
Whereas, in order to permit some development in the 
production structures in the sector, a small percentage of the 
overall quantities allocated in each Member State should be 
reserved for undertakings which will commence production 
during the 1990/91 marketing year; whereas, in view of the 
limited quantities available, quantities should only be 
allocated to those undertakings presenting guarantees of 
efficiency and of the durability of their activities; 
Whereas, during the period of application of the measures 
limiting the granting of production aid, provision should be 
made for any overrun in the guarantee threshold to be 
assessed on the basis of only those quantities actually 
qualifying for the production aid, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. During the 1990/91 marketing year, production aid 
granted to all processing undertakings in each Member State 
shall be limited to the quantities of processed tomato 
products obtained from the following quantities in tonnes of 
fresh tomatoes: 
28. 2. 90 Official Journal of the European Communities No C 49/89 
All undertakings located in 
Spain 
France 
Greece 
Italy 
Portugal Tomato concentrate 
425 500 
283 691 
967 003 
1 655 000 
662 945 Tinned whole peeled 
tomatoes 
240 350 
58 628 
25 000 
1 185 000 
9 600 Other tomato 
products 
101 200 
50 087 
21593 
453 998 
22 192 
2. The quantities laid down in paragraph 1 shall, without 
prejudice to paragraphs 3, 4 and 5, 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 1987/89 and 1989/90 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 5 % of quantities of tomato 
concentrate, expressed in quantities of fresh tomatoes, to 
the quantities allocated for the other products, 
— a transfer of up to 5 % of the quantities of 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 commenced production in the 1988/89 marketing 
year shall be granted a quota calculated on the basis of the 
average quantities produced in the 1988/89 and 1989/90 
marketing years, less 10 %. 
4. Processing undertakings commencing production in 
the 1989/90 marketing year shall be granted a quota 
corresponding to quantities processed during that marketing 
year, less 20 %. 
5. Processing undertakings commencing production 
of one of the finished tomato products mentioned in 
paragraph 1 during the 1990/91 marketing year shall 
qualify for production aid under the following conditions, provided that they present, to the satisfaction of the 
competent authorities, adequate guarantees as to the 
efficiency and durability of their activities. 
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 with the exception of Portugal and not 
withstanding Article 2 (2) of Regulation (EEC) No 989/84, 
production in the 1990/91 marketing year 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. 
Done at Brussels, 
For the Council