CELEX: 51988PC0120(52)
Language: en
Date: 1988-04-05
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON TEMPORARY MEASURES RELATING TO PRODUCTION AID FOR PROCESSED TOMATO PRODUCTS

30. 5. 88                             Official Journal of the European Communities                                                   No C 139/61
              Proposal for a Council Regulation (EEC) on temporary measures relating to production aid for
                                                 processed tomato products
                                                       (88/C 139/52)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         W h e r e a s the current restrictions on the granting of the aid
                                                                 should be continued for a period of n o m o r e t h a n t w o
Having regard to the Treaty establishing the European            m a r k e t i n g years with certain a d a p t a t i o n s in the light of
Economic Community,                                              e x p e r i e n c e ; w h e r e a s in p a r t i c u l a r p r o d u c t i o n q u o t a s
                                                                 should be divided between the processing u n d e r t a k i n g s on
Having regard to the Act of Accession of Spain and
                                                                 the basis of the total quantities w h i c h they have processed
Portugal, and in particular Articles 89(2) and 234(3)
                                                                 in the last three m a r k e t i n g y e a r s ;
thereof,
                                                                 W h e r e a s the u n d e r t a k i n g s which c o m m e n c e d p r o d u c t i o n
Having regard to Council Regulation (EEC) No 426/86 of
                                                                 after the beginning of the 1986/1987 m a r k e t i n g year have
24 February 1986 on the common organization of the
                                                                 not benefited from p r o d u c t i o n a i d ; whereas the new
market in products processed from fruit and vegetables (*),
                                                                 scheme should g r a n t t h e m a q u o t a based on an a p p r o p r i a t e
as last amended by Regulation (EEC) No ..., and in
                                                                 reference p e r i o d ;
particular Article 2(3) thereof,
                                                                 W h e r e a s the Act of Accession lays d o w n the quantities of
Having regard to the proposal from the Commission,               processed t o m a t o p r o d u c t s which m a y qualify in Spain and
                                                                 Portugal for C o m m u n i t y aid in the first four m a r k e t i n g
Having regard to the opinion of the European Parliament,
                                                                 years following accession; whereas those overall quantities
Having regard to the opinion of the Economic and Social          should be included in this Regulation and their b r e a k d o w n
Committee,                                                       should be adjusted in line with the trend of the m a r k e t ;
Whereas Article 2(1) of Council Regulation (EEC) No 989/         W h e r e a s , in o r d e r to p e r m i t some d e v e l o p m e n t of the
84 of 31 March 1984 introducing a system of guarantee            p r o d u c t i o n structures in the sector, a small percentage of
thresholds for certain processed fruit and vegetable             the total quantities allocated in each M e m b e r State should
products (2), as amended by Regulation (EEC) No 1354/            be reserved for u n d e r t a k i n g s beginning p r o d u c t i o n in the
86 (3), provides that the production aid for processed           1988/1989 a n d 1989/1990 m a r k e t i n g y e a r s ;
tomato products is to be reduced where the guarantee             W h e r e a s , during the period of application of the measures
threshold is exceeded;                                           limiting the granting of p r o d u c t i o n aid, there is justification
                                                                 for laying d o w n t h a t w h e t h e r the g u a r a n t e e threshold has
Whereas Council Regulation (EEC) No 1320/85 of 23 May
                                                                 been exceeded is to be determined on the basis of only those
1985 on temporary measures for production aid to
                                                                 quantities for which p r o d u c t i o n aid has actually been
processed tomato products (4), as last amended by
                                                                 granted,
Regulation (EEC) No 1929/87 (5), limits the granting of the
aid, for the 1985/1986, 1986/1987 and 1987/1988 market-
                                                                 HAS ADOPTED THIS REGULATION:
ing years in the producer Member States, to certain
quantities of fresh tomatoes for processing;
                                                                                                       Article     1
                                                                 1. In the 1988/1989 and 1989/1990 m a r k e t i n g years,                          the
(!) OJ No L 49, 27.2. 1986, p. 1.
 2                                                               granting of p r o d u c t i o n aid shall be limited, for                             all
()  OJ  No L 103, 16. 4. 1984, p. 19.
                                                                 processing u n d e r t a k i n g s in each M e m b e r State, to                    the
(3) OJ  No L 119, 8. 5. 1986, p. 54.
(4) OJ  No L 137, 27. 5. 1985, p. 41.                            quantities of processed t o m a t o p r o d u c t s obtained from                   the
(5) OJ  No L 183, 3. 7. 1987, p. 33.                             following quantities in tonnes of fresh t o m a t o e s :
 ---pagebreak--- No C 139/62                            Official Journal of the European Communities                                  30. 5. 88
                                                                           Tinned
                      All undertakings              Tomato                                      Other tomato
                                                                         whole peeled
                         located in               concentrate                                     products
                                                                          tomatoes
             Spain                                   370 000                209 000                  88 000
             France                                  283 691                 58 628                  50 087
             Greece                                  979 122                  12 881                 21593
             Italy                                 1 621 802              1 235 641                 436 555
             Portugal                                682 945                   9 600                  2 192
2. The quantities provided for in paragraph 1 shall,              The producer Member States shall reserve 2 % of the total
without prejudice to paragraph 3, be divided fairly by the        quantities fixed for each group of finished products for the
Member States between the processing undertakings in              purposes of allocating quotas to the undertakings referred
proportion to the average quantities actually produced by         to in the first subparagraph. The quota allocated to each
each of them during the 1985/1986, 1986/1987 and 1987/            undertaking may not exceed its processing capacity, less
1988 marketing years.                                             30%.
On application by the undertaking concerned, the                  6. Where all the quantities defined in paragraph 1 have
competent authorities of the Member State shall authorize         not been allocated, the remainder shall be divided fairly
one only of the following three transfer possibilities:           between the processing undertakings referred to in
                                                                  paragraph 2, -taking account in particular of those
— a transfer of up to 20 % of quantities of peeled                undertakings which use new production technology.
   tomatoes, expressed in quantities of fresh tomatoes, to
   the quantities allocated for tomato concentrate and                                      Article 2
   other tomato products;
                                                                  For the Community as constituted at 31 December 1985,
— a transfer of up to 10 % of quantities of tomato                and notwithstanding Article 2(2) of Regulation (EEC)
   concentrate, expressed in quantities of fresh tomatoes,        No 989/84, production for the 1988/1989 and 1989/1990
   to the quantities allocated for the other products;            marketing years to be used to determine the amount by
— a transfer of up to 10 % of the quantities for other            which the guarantee threshold is exceeded shall be that
   tomato products, expressed in quantities of fresh              qualifying for production aid.
   tomatoes, to the quantities allocated for concentrate.
                                                                                            Article 3
3. For the granting of the aid, processing undertakings
which have commenced production in the 1986/1987                  Detailed rules for the application of this Regulation shall be
marketing year shall be granted a quota calculated on the         adopted in accordance with the procedure laid down in
basis of the average quantities produced in the 1986/1987         Article 22 of Regulation (EEC) No 426/86. They shall
and 1987/1988 marketing years, less 10 %.                         include in particular rules applicable in the case of mergers
                                                                  and changes of ownership of undertakings.
4. Processing undertakings beginning production in the
1987/1988 marketing year shall be granted a quota                                           Article 4
corresponding to quantities processed in that marketing
year, less 20 %.                                                  This Regulation shall enter into force on the third day
                                                                   following its publication in the Official Journal of the
5. Processing undertakings which begin production of              European Communities.
one of the tomato products mentioned in paragrah 1 in the
 1988/1989 and 1989/1990 marketing years shall qualify for         This Regulation shall be binding in its entirety and directly
production aid under the following conditions.                     applicable in all Member States.