Article 1 
1. During the 1990/91 and 1991/92 marketing years, 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: >TABLE> 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 1987/88, 1988/89 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 25 % 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 started 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. 4. Processing undertakings starting production in the 1989/90 marketing year shall be granted a quota corresponding to quantities processed during that marketing year. 5. Processing undertakings starting 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 In view of the grant of production aid for the 1991/92 marketing year: 1. in Article 1 (2) the reference to the three marketing years 1987/88, 1988/89 and 1989/90 shall be replaced by a reference to the three marketing years 1988/89, 1989/90 and 1990/91; 2. processing undertakings which began their activity during the 1989/90 marketing year shall benefit from a quota calculated on the basis of the average of the quantities produced during the 1989/90 and 1990/91 marketing years; 3. processing undertakings which began their activity during the 1990/91 marketing year shall benefit from a quota corresponding to the quantities processed during that marketing year; 4. producer Member States shall reserve 2 % of the total quantities fixed for each group of finished products for allocation to undertakings which start their production during the 1991/92 marketing year. The quota allocated to each undertaking may not exceed the processing capacity of the latter, reduced by 30 %; 5. any remainder shall be divided fairly in accordance with Article 1 (6). Article 3 For the Community, with the exception of Portugal for the 1990/91 marketing year, and notwithstanding Article 2 (2) of Regulation (EEC) N° 989/84, production in the 1990/91 and 1991/92 marketing years to be used to determine the amount by which the guarantee threshold is exceeded shall be that qualifying for production aid. Article 4 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) N° 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 5 This Regulation shall enter into force on the third day following that of 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, 7 May 1990. For the Council The President G. COLLINS (1) OJ N° L 49, 27. 2. 1986, p. 1. (2) See page 66 of this Official Journal. (3) OJ N° C 49, 28. 2. 1990, p. 88. (4) OJ N° C 96, 17. 4. 1990. (5) OJ N° C 112, 7. 5. 1990, p. 34. (6) OJ N° L 103, 16. 4. 1984, p. 19. (7) OJ N° L 198, 26. 7. 1988, p. 20. (8) OJ N° L 198, 26. 7. 1988, p. 14. (9) OJ N° L 118, 29. 4. 1989, p. 31.
Article 2 
In view of the grant of production aid for the 1991/92 marketing year: 1. in Article 1 (2) the reference to the three marketing years 1987/88, 1988/89 and 1989/90 shall be replaced by a reference to the three marketing years 1988/89, 1989/90 and 1990/91; 2. processing undertakings which began their activity during the 1989/90 marketing year shall benefit from a quota calculated on the basis of the average of the quantities produced during the 1989/90 and 1990/91 marketing years; 3. processing undertakings which began their activity during the 1990/91 marketing year shall benefit from a quota corresponding to the quantities processed during that marketing year; 4. producer Member States shall reserve 2 % of the total quantities fixed for each group of finished products for allocation to undertakings which start their production during the 1991/92 marketing year. The quota allocated to each undertaking may not exceed the processing capacity of the latter, reduced by 30 %; 5. any remainder shall be divided fairly in accordance with Article 1 (6). Article 3 For the Community, with the exception of Portugal for the 1990/91 marketing year, and notwithstanding Article 2 (2) of Regulation (EEC) N° 989/84, production in the 1990/91 and 1991/92 marketing years to be used to determine the amount by which the guarantee threshold is exceeded shall be that qualifying for production aid. Article 4 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) N° 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 5 This Regulation shall enter into force on the third day following that of 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, 7 May 1990. For the Council The President G. COLLINS (1) OJ N° L 49, 27. 2. 1986, p. 1. (2) See page 66 of this Official Journal. (3) OJ N° C 49, 28. 2. 1990, p. 88. (4) OJ N° C 96, 17. 4. 1990. (5) OJ N° C 112, 7. 5. 1990, p. 34. (6) OJ N° L 103, 16. 4. 1984, p. 19. (7) OJ N° L 198, 26. 7. 1988, p. 20. (8) OJ N° L 198, 26. 7. 1988, p. 14. (9) OJ N° L 118, 29. 4. 1989, p. 31.
Article 3 
For the Community, with the exception of Portugal for the 1990/91 marketing year, and notwithstanding Article 2 (2) of Regulation (EEC) N° 989/84, production in the 1990/91 and 1991/92 marketing years to be used to determine the amount by which the guarantee threshold is exceeded shall be that qualifying for production aid. Article 4 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) N° 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 5 This Regulation shall enter into force on the third day following that of 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, 7 May 1990. For the Council The President G. COLLINS (1) OJ N° L 49, 27. 2. 1986, p. 1. (2) See page 66 of this Official Journal. (3) OJ N° C 49, 28. 2. 1990, p. 88. (4) OJ N° C 96, 17. 4. 1990. (5) OJ N° C 112, 7. 5. 1990, p. 34. (6) OJ N° L 103, 16. 4. 1984, p. 19. (7) OJ N° L 198, 26. 7. 1988, p. 20. (8) OJ N° L 198, 26. 7. 1988, p. 14. (9) OJ N° L 118, 29. 4. 1989, p. 31.
Article 4 
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) N° 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 5 This Regulation shall enter into force on the third day following that of 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, 7 May 1990. For the Council The President G. COLLINS (1) OJ N° L 49, 27. 2. 1986, p. 1. (2) See page 66 of this Official Journal. (3) OJ N° C 49, 28. 2. 1990, p. 88. (4) OJ N° C 96, 17. 4. 1990. (5) OJ N° C 112, 7. 5. 1990, p. 34. (6) OJ N° L 103, 16. 4. 1984, p. 19. (7) OJ N° L 198, 26. 7. 1988, p. 20. (8) OJ N° L 198, 26. 7. 1988, p. 14. (9) OJ N° L 118, 29. 4. 1989, p. 31.
Article 5 
This Regulation shall enter into force on the third day following that of 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, 7 May 1990