CELEX: 31985R1320
Language: en
Date: 1985-05-23 00:00:00
Title: Council Regulation (EEC) No 1320/85 of 23 May 1985 on temporary measures for production aid to processed tomato products

27 . 5 . 85                                   Official Journal of the European Communities                                     No L 137 / 41
                                               COUNCIL REGULATION (EEC) No 1320 / 85
                                                                of 23 May 1985
                                    on temporary measures for production aid to processed tomato products
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                whereas new enterprises should therefore be temporarily
                                                                           excluded from production aid ;
  Having regard to the Treaty establishing the European
  Economic Community ,                                                     Whereas , during the period of application of the measures
                                                                           limiting the grant of production aid , there is justification for
  Having regard to Council Regulation ( EEC ) No 516 / 77 of               providing that the guarantee threshold excess should be
  14 March 1977 on the common organization of the market                   assessed on the basis of those quantities alone which actually
  in products processed from fruit and vegetables (*), as last             benefited from the production aid ,
  amended by Regulation ( EEC ) No 988 / 84 ( 2 ), and in
 particular Article 3 ( 3 ) thereof,
                                                                           HAS ADOPTED THIS REGULATION :
 Having regard to the proposal from the Commission ( 3 ),
 Whereas Council Regulation ( EEC ) No 989 / 84 of 31 March                                             Article 1
  1984 introducing a system of guarantee thresholds for
 certain processed fruit and vegetable products ( 4 ) provides in          1.       During the     1985 / 86 ,    1986 / 87    and     1987 / 88
 Article 2(1 ) that the production aid shall be reduced if the             marketing years , the granting of production aid shall be
 guarantee threshold for the processed tomato products is                  limited , for all the processing enterprises of each Member
 exceeded ;                                                                State , to the quantities of processed tomato products
                                                                          obtained from the following quantities in tonnes of fresh
 Whereas the production of processed tomato products has                  tomatoes :
 increased spectacularly in the last two marketing years , as a
 result of which the fixed guarantee thresholds have been
                                                                                                       Intended for the manufacture of
 substantially exceeded ;                                                           All
                                                                                enterprises                       Preserved
                                                                                                 Tomato                           Other tomato
                                                                                situated in                     whole peeled
 Whereas       under      these    circumstances  more    restrictive                          concentrate
                                                                                                                  tomatoes
                                                                                                                                    products
 measures should be introduced for a limited period to ensure
                                                                            France               298 622             58 628          35 156
 that production aid is granted only in respect of the quantities
                                                                            Greece               982 068             12 881          18 647
 which do not exceed the guarantee threshold ; whereas
production during the 1982 / 83 marketing year constitutes a                Italy              1 707 160         1 235 641          351 197
 quantity which corresponds to the aim of the production aid
system for processed tomato products ; whereas that year
should be used as a reference for determining the quantities
for which each processing enterprise may attract production
aid ;                                                                      2.       Without prejudice to paragraph 3 , the quantities
                                                                           referred to in paragraph 1 shall be fairly allocated by the
                                                                           Member States among the processing enterprises in
Whereas these quantities may be increased to a certain extent
                                                                           proportion to the quantities produced by each of them
when , in a Member State , production is limited by an                     during the 1982 / 83 marketing year.
interprofessional agreement or another national measure ;
whereas , however, in this case provision should be made for
the aid to be reduced proportionally to the rate at which these
quantities are exceeded ;                                                 The competent authorities of the Member State may allow a
                                                                          transfer of up to 20 % from the quantities of peeled tomatoes
                                                                          expressed as quantities of fresh tomatoes allocated to an
Whereas , to avoid unjustified hardship for processing
                                                                          enterprise to the quantities allocated to it for tomato
enterprises which started their activities after the 1982 / 83
                                                                          concentrate and other tomato products .
marketing year or have increased their production capacity
to a significant extent since that marketing year, specific
measures should be applied to such undertakings ;
                                                                          3.       The granting of production aid to processing
                                                                          enterprises which started their activities during the 1983 / 84
Whereas the present situation does not justify an increase in
                                                                          or 1984 / 85 marketing years or will commence such activities
the processing capacity for processed tomato products ;
                                                                          during the 1985 / 86 marketing year shall be limited , for each
(*)  OJ  No  L  73 , 21 . 3 . 1977 , p. 1 .                               Member State and for each group of processed tomato
(2)  OJ  No  L  103 , 16 . 4 . 1984 , p. 11 .                             products , to 20 % of the quantities referred to in paragraph
(3)  OJ  No  C  67 , 14 . 3 . 1985 , p. 41 .                              1 . These quantities shall be fairly allocated among the
(4)  OJ  No  L  103 , 16 . 4 . 1984 , p. 19 .                             enterprises concerned as follows :
 ---pagebreak--- No L 137 / 42                              Official Journal of the European Communities                                      27 . 5 . 85
— for processing enterprises which commenced their                    enterprises of each Member State , to the quantities referred
    activities during the 1983 / 84 or 1984 / 85 marketing            to in that paragraph .
    years, in proportion to the quantities produced by each of
    them during the 1984 / 85 marketing year ,                        4.     For each processing enterprise , the aid to be paid for its
                                                                      production , within the limit of the quantities allocated to it,
— for processing enterprises which commenced their                    shall be reduced on the basis of the extent to which the total
    activities during the 1985 / 86 marketing year, in                of these quantities is exceeded as compared with the quantity
    proportion to the production capacity of each of                  resulting from the application of Article 1(1 ).
    them .
                                                                      Application of this provision may not result in the granting,
At all events , the percentage allocated to each enterprise may       to those enterprises , of a total amount of aid less than the
not exceed the percentage resulting from the application of           total amount of aid which they would have received had their
paragraph 2 to the enterprises referred to in that                    production been equal to the quantities resulting for them
paragraph .                                                           from the application of Article 1 .
In cases where the total quantities have not been allocated ,         5.     The Commission shall fix , at the same time as it fixes
the remaining part shall be fairly allocated among the                the production aid applicable to the enterprises whose
processing enterprises covered by paragraph 2 , bearing in            production does not exceed the quantities referred to in
mind in particular those enterprises which make use of new            Article 1(1 ), the amount of reduction of the aid referred to in
production technology .                                               paragraph 4 .
4.     Processing enterprises commencing their activities
during the 1986 / 87 and 1987 / 88 marketing years shall not                                      Article 3
benefit from production aid .
                                                                      By way of derogation from Article 2 (2) of Regulation ( EEC)
                                                                      No 989 / 84 , the production to be adopted under the
                            Article 2                                 1985 / 86 , 1986 / 87 and the 1987 / 88 marketing years to
                                                                      determine the amount by which the guarantee threshold is
1.     The measures provided for in Article 1 ( 1 ) shall be          exceeded shall be that having benefited from production aid ,
suspended where , in a Member State, production is limited            except for quantities resulting from the possible increase of
by an interprofessional agreement or a national measure               up to 20% referred to in Article 2 ( 1 )
providing for the allocation , to each processing enterprise , of
a raw material quantity intended for the production of each                                       Article 4
tomato product within the limits of the quantities resulting
from the application of Article 1 , increased by a maximum of         Detailed rules for the application of this Regulation shall be
20% .
                                                                      adopted in accordance with the procedure laid down in
                                                                      Article 20 of Regulation ( EEC ) No 516 / 77 . They shall
2.     In this context and by way of derogation from the              comprise , in particular , the rules applicable in cases of
provisions of Article 1 ( 3 ), enterprises which commenced            merger and change of ownership of enterprises.
their activities during the 1983 / 84 or 1984 / 85 marketing
years, or which will commence their activities during the
1985 / 86 marketing year may receive quantities lower than                                        Article 5
those provided for in that Article .
                                                                      This Regulation shall enter into force on the third day
3.     When paragraph 1 is applicable, the grant of                   following its publication in the Official Journal of the
production aid shall be limited , for all the processing              European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                    Done at Brussels, 23 May 1985 .
                                                                                       For the Council
                                                                                         The President
                                                                                        C. SIGNORILE