CELEX: 51989PC0660(55)
Language: en
Date: 1990-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON TEMPORARY MEASURES RELATING TO PRODUCTION AID FOR PROCESSED TOMATO PRODUCTS

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,                             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
 Having regard to the Treaty establishing the European
                                                                      broken down between the processing undertakings on the
 Economic Community,                                                  basis of the total quantities which they processed in the last
                                                                      three marketing years;
 Having regard to the Act of Accession of Spain and Portugal,
 and in particular Articles 89 (2) and 234 (3) thereof,               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,
 Having regard to Council Regulation (EEC) No 426/86 of               under the new scheme, they should be granted a quota based
 24 February 1986 on the common organization of the market            on a suitable reference period;
 in products processed from fruit and vegetables ( J ), as last
 amended by Regulation (EEC) No 1125/89 (2), and in
                                                                      Whereas the Act of Accession of Spain and Portugal lays
 particular Article 2 (3) thereof,
                                                                      down the quantities of processed tomato products which
                                                                      may qualify for Community aid in the first four marketing
 Having regard to the proposal from the Commission,                   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
 Having regard to the opinion of the European Parliament,             (EEC) No 2243/88 for the 1988/89 and 1989/90
                                                                      marketing years; whereas the quantities which may qualify
 Having regard to the opinion of the Economic and Social              for production aid in Spain should be increased to take
                                                                      account of the structural adaptations and adjustments of the
 Committee,
                                                                      sector to the new situation created by integration into the
                                                                      Community system;
Whereas Article 2 (1) of Council Regulation (EEC) No
 989 / 84 of 31 March 1984 introducing a system of guarantee          Whereas, in order to permit some development in the
thresholds for certain processed fruit and vegetable                  production structures in the sector, a small percentage of the
products ( 3 ), as amended by Regulation (EEC) No                     overall quantities allocated in each Member State should be
2246/88 ( 4 ), provides that production aid is to be reduced          reserved for undertakings which will commence production
where the threshold guarantee for processed tomato                    during the 1990/91 marketing year; whereas, in view of the
products is exceeded;                                                 limited quantities available, quantities should only be
                                                                      allocated to those undertakings presenting guarantees of
                                                                      efficiency and of the durability of their activities;
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             Whereas, during the period of application of the measures
(EEC) No 1126/89 ( 6 ), limits the granting of the aid for the        limiting the granting of production aid, provision should be
 1988/89 and 1989/90 marketing years in producer Member               made for any overrun in the guarantee threshold to be
States to certain quantities of fresh tomatoes intended to be         assessed on the basis of only those quantities actually
processed;                                                            qualifying for the production aid,
Whereas the arrangements in force restricting the granting of
the aid should continue to be maintained with certain                 HAS ADOPTED THIS REGULATION:
adaptations in the light of experience gained, for a period
limited to one marketing year to take account of the
                                                                                                 Article 1
(») OJNoL49, 27. 2. 1986, p. 1.
                                                                      1.     During the 1990/91 marketing year, production aid
(2) OJ No L 118, 29. 4. 1989, p. 29.
(3) OJ No L 103, 16. 4. 1984, p. 19.                                  granted to all processing undertakings in each Member State
(«) OJ No L 198, 26. 7. 1988, p. 20.                                  shall be limited to the quantities of processed tomato
(5) OJ No L 198, 26. 7. 1988, p. 14.                                  products obtained from the following quantities in tonnes of
(6) OJ No L 118, 29. 4. 1989, p. 31.                                  fresh tomatoes:
 ---pagebreak--- 28. 2. 90                                   Official Journal of the European Communities                                No C 49/89
                                                                        Tinned whole peeled           Other tomato
                All undertakings located in    Tomato concentrate
                                                                              tomatoes                   products
              Spain                                  425 500                   240 350                  101 200
              France                                 283 691                    58 628                    50 087
              Greece                                 967 003                    25 000                    21593
              Italy                                1 655 000                 1 185 000                  453 998
              Portugal                               662 945                     9 600                    22 192
2.     The quantities laid down in paragraph 1 shall, without          provided that they present, to the satisfaction of the
prejudice to paragraphs 3, 4 and 5, be divided fairly by the           competent authorities, adequate guarantees as to the
Member States between the processing undertakings in                   efficiency and durability of their activities.
proportion to the average quantities actually produced by
each of them during the 1987/89 and 1989/90 marketing                  The producer Member States shall reserve 2 % of the total
years.                                                                 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
On application by the undertaking concerned, the competent             undertaking may not exceed its processing capacity,
authorities of the Member State shall authorize one only of            less 30 %.
the following three transfer possibilities:
                                                                       6.      Where all the quantities defined in paragraph 1 have
— a transfer of up to 20 % of quantities of peeled tomatoes,           not been allocated, the remainder shall be divided fairly
    expressed in quantities of fresh tomatoes, to the                  between the processing undertakings referred to in
    quantities allocated for tomato concentrate and other              paragraph 2, taking account in particular of those
    tomato products,                                                   undertakings which use new production technology.
— 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,                                               Article 2
— a transfer of up to 5 % of the quantities of other tomato            For the Community with the exception of Portugal and not
    products, expressed in quantities of fresh tomatoes, to            withstanding Article 2 (2) of Regulation (EEC) No 989/84,
    the quantities allocated for concentrate.                          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.
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                                       Article 3
average quantities produced in the 1988/89 and 1989/90
marketing years, less 10 %.                                            Detailed rules for the application of this Regulation shall be
                                                                       adopted in accordance with the procedure laid down in
4.     Processing undertakings commencing production in                Article 22 of Regulation (EEC) No 426/86. They shall
the 1989/90 marketing year shall be granted a quota                    include in particular rules applicable in the case of mergers
corresponding to quantities processed during that marketing            and changes of ownership of undertakings.
year, less 20 %.
                                                                                                   Article 4
5.     Processing undertakings commencing production
of one of the finished tomato products mentioned in                    This Regulation shall enter into force on the third day
paragraph 1 during the 1990/91 marketing year shall                    following its publication in the Official Journal of the
qualify for production aid under the following conditions,             European Communities.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels,
                                                                                            For the Council