Article 1 
1. From the 1993/94 marketing year, 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: /* Tables: see OJ */ paragraph 3, be divided by the Member States between the processing undertakings in proportion to the average quantities actually produced by each of them during the three marketing years preceding the marketing year for which the aid is fixed. On application by the undertaking concerned, the competent authorities of the Member State shall authorize one only of the following 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: (a) processing undertakings which started production during the two marketing years preceding the marketing year for which the aid is fixed shall be granted a quota calculated on the basis of the average quantities produced during those marketing years; (b) processing undertakings which started production in the marketing year preceding the marketing year for which the aid is fixed shall be granted a quota corresponding to the quantities processed during that marketing year; (c) processing undertakings which started production of one of the finished tomato products mentioned in paragraph 1 during the marketing year for which the aid is fixed 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 to the undertakings referred to in the first subparagraph. The quota allocated to each undertaking may not exceed its processing capacity, less 30 %. 4. 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 For the first three marketing years of application of this and by way of derogation from Article 1 (2) and (3), the quantities produced for the 1992/93 marketing year shall not be taken into account for the calculation of the average of the quantities produced. Consequently, Article 1 (3) (c) shall also apply to undertakings which started production on 1992/93 marketing year. Article 3 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) No 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 4 This Regulation shall enter into force on the third day following 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, 17 March 1993. For the Council The President B. WESTH (1) OJ No L 49, 27. 2. 1986, p. 1. Regulation as last amended by Regulation (EEC) No 1569/92 (OJ No L 166, 20. 6. 1992, p. 5). (2) OJ No C 328, 12. 12. 1992, p. 6. (3) Opinion delivered on 12 March 1993 (not yet published in the Official Journal). (4) Opinion delivered on 24 February 1993 (not yet publsihed in the Official Journal). (5) OJ No L 103, 16. 4. 1984, p. 19. Regulation as amended by Regulation (EEC) No 1755/92 (OJ No L 180, 1. 7. 1992, p. 25). (6) OJ No L 119, 11. 5. 1990, p. 68. Regulation as amended by Regulation (EEC) No 3577/90 (OJ No L 353, 17. 12. 1990, p. 23).
Article 2 
For the first three marketing years of application of this and by way of derogation from Article 1 (2) and (3), the quantities produced for the 1992/93 marketing year shall not be taken into account for the calculation of the average of the quantities produced. Consequently, Article 1 (3) (c) shall also apply to undertakings which started production on 1992/93 marketing year. Article 3 Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) No 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 4 This Regulation shall enter into force on the third day following 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, 17 March 1993. For the Council The President B. WESTH (1) OJ No L 49, 27. 2. 1986, p. 1. Regulation as last amended by Regulation (EEC) No 1569/92 (OJ No L 166, 20. 6. 1992, p. 5). (2) OJ No C 328, 12. 12. 1992, p. 6. (3) Opinion delivered on 12 March 1993 (not yet published in the Official Journal). (4) Opinion delivered on 24 February 1993 (not yet publsihed in the Official Journal). (5) OJ No L 103, 16. 4. 1984, p. 19. Regulation as amended by Regulation (EEC) No 1755/92 (OJ No L 180, 1. 7. 1992, p. 25). (6) OJ No L 119, 11. 5. 1990, p. 68. Regulation as amended by Regulation (EEC) No 3577/90 (OJ No L 353, 17. 12. 1990, p. 23).
Article 3 
Detailed rules for the application of this Regulation shall be adopted in accordance with the procedure laid down in Article 22 of Regulation (EEC) No 426/86. They shall include in particular rules applicable in the case of mergers and changes of ownership of undertakings. Article 4 This Regulation shall enter into force on the third day following 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, 17 March 1993. For the Council The President B. WESTH (1) OJ No L 49, 27. 2. 1986, p. 1. Regulation as last amended by Regulation (EEC) No 1569/92 (OJ No L 166, 20. 6. 1992, p. 5). (2) OJ No C 328, 12. 12. 1992, p. 6. (3) Opinion delivered on 12 March 1993 (not yet published in the Official Journal). (4) Opinion delivered on 24 February 1993 (not yet publsihed in the Official Journal). (5) OJ No L 103, 16. 4. 1984, p. 19. Regulation as amended by Regulation (EEC) No 1755/92 (OJ No L 180, 1. 7. 1992, p. 25). (6) OJ No L 119, 11. 5. 1990, p. 68. Regulation as amended by Regulation (EEC) No 3577/90 (OJ No L 353, 17. 12. 1990, p. 23).
Article 4 
This Regulation shall enter into force on the third day following 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, 17 March 1993