31985R1320

27 . 5 . 85 No L 137 / 41 Official Journal of the European Communities

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 concentrate products Whereas under these circumstances more restrictive tomatoes 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 Italy 1 707 160 1 235 641 351 197 production during the 1982 / 83 marketing year constitutes a 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 2 . Without prejudice to paragraph 3 , the quantities aid ; 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 The competent authorities of the Member State may allow a quantities are exceeded ; 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 Member State and for each group of processed tomato (*) OJ No L 73 , 21 . 3 . 1977 , p. 1 . ( 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 :

No L 137 / 42 27 . 5 . 85 Official Journal of the European Communities

— 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 4 . For each processing enterprise , the aid to be paid for its them during the 1984 / 85 marketing year , 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 Article 3 during the 1986 / 87 and 1987 / 88 marketing years shall not 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