Keywords

Summary



Keywords

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1. Agriculture ° Common organization of the markets ° Products processed from fruit and vegetables ° Production aid for processed tomato products ° Maximum quantities eligible for aid, expressed in tonnes of fresh tomatoes, according to categories of processed products ° Division between the processing undertakings ° Transfer by an undertaking of fresh tomatoes from the "peeled tomatoes" category to another category ° Effect on the quantities taken into account for the division in the following marketing year

(Council Regulation No 668/93, Art. 1(2))

2. Agriculture ° Common organization of the markets ° Discrimination between producers or consumers ° Production aid for processed tomato products ° Division between the processing undertakings of the maximum quantities eligible for aid, according to categories of processed products ° Limitation of inter-category transfer possibilities ° No discrimination

(EC Treaty, Art. 40(3), second subpara.; Council Regulation No 668/93, Art. 1(2))

Summary

1. Article 1(2) of Regulation No 668/93 on the introduction of a limit to the granting of production aid for processed tomato products must be interpreted as meaning that, in the event of a transfer of fresh tomatoes by a processing undertaking during a marketing year from the "peeled tomatoes" category to the "concentrate" or "other tomato products" category, only the quantities actually produced by that undertaking in each category, regard being had to that transfer, are to be taken into account in the following marketing year for the purposes of the division of the maximum quantities between the processing undertakings by the Member State concerned.

That interpretation, which takes into account the fact that the transfer possibilities merely meet the need for flexible management at the level of the undertaking, so as to allow undertakings to respond to any change in demand, is moreover the only interpretation compatible with the main object of the provision, which is to avoid overproduction in the sector.

2. The fact that Article 1(2) of Regulation No 668/93 on the introduction of a limit to the granting of production aid for processed tomato products does not envisage the possibility for processing undertakings to transfer part of the "concentrate" or "other products" quotas to the "peeled tomatoes" quotas, whereas the converse possibility does exist, does not constitute discrimination between producers prohibited by the second subparagraph of Article 40(3) of the Treaty.

Firstly, that restriction of transfer possibilities is objectively explained by the need to use fresh tomatoes of high quality and in a perfect state of conservation in the manufacture of peeled tomatoes, whereas tomatoes of lower quality may be used to make concentrate and other products. Secondly, the transfer possibilities do not create a disproportionate advantage for producers of peeled tomatoes, since their quota depends on the quantities actually produced during the reference period and, if they transfer tomatoes to the quantities for "concentrate" or "other products", they will lose the corresponding proportion of their quota of peeled tomatoes for the following marketing year, unless the Community institutions decide to increase the national quota.