6.7.93 Official Journal of the European Communities No L 163/23 COMMISSION REGULATION (EEC) No 1794/93 of 30 June 1993 laying down detailed rules for the application of production aid for processed tomato products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 668/93 of 17 March 1993 on the introduction of a limit to the gran- ting of production aid for processed tomato products ('), and in particular Article 3 thereof, Whereas Article 1 of Regulation (EEC) No 668/93 lays down rules for the allocation among the various underta- kings concerned of the quantity of fresh tomatoes to be processed into tomato products attracting the production aid ; whereas the conditions under which the underta- kings may qualify for such allocation, and in particular the communications required for that purpose, should be specified; whereas Article 2 of Regulation (EEC) No 668/93 lays down that for the first three marketing years of application the quantities produced in the 1992/93 marketing year are not to be taken into account for calculating the average quantities produced and and whereas that provision will have to apply to all the under- takings concerned until the 1995/96 marketing year; Whereas the competent authorities allocate to each processing undertaking the quantities of fresh tomatoes which may be used for the manufacture of finished products attracting aid ; whereas the allocation must be - based on the particulars communicated by the underta- kings ; whereas, in cases where doubt exists as to the accu- racy of the particulars received, the competent authorities should be authorized to defer the allocation until such doubt is resolved; Whereas the result of allocating specific quantities to each undertaking is that the payment of production aid is limited to a fixed quantity; whereas the aim of the aid system is respected if a quantity allocated to an underta- king can be transferred to another undertaking ; whereas such a possibility confers flexibility on the undertakings ; whereas the competent authorities should be authorized to allow transfer of the right deriving from an allocation where this is possible without unfavourable consequences for the production aid system ; Whereas an undertaking may, during the marketing year, apply for only one adjustment to the distribution of its quota among the finished products ; whereas a time limit for making use of this option should be fixed; () OJ No L 72, 25. 3. 1993, p. 1. Whereas for tomato concentrate only one rate of aid is applicable ; whereas for preserved whole peeled tomatoes and for other tomato-based products two or more rates are applicable ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegeta- bles, HAS ADOPTED THIS REGULATION : Article 1 From the 1993/94 marketing year the allocation referred to in Article 1 (2) and (3) of Regulation (EEC) No 668/93 and notwithstanding Article 2 thereof shall be made at the beginning of each marketing year among processing undertakings : (a) having complied with Article 2 of Commission Regu- lation (EEC) No 1558/91 (% ; and (b) having submitted applications for production aid for the three marketing years preceding that for which the aid is fixed, or for one or two of those years ; or (c) having commenced their activities during one of the three marketing years preceding that for which the aid is fixed and having communicated to the competent authorities the quantities of finished products obtained without having presented a request for aid; or (d) commencing their activities during the marketing year for which the aid is fixed. Article 2 1. The processing undertakings referred to in Article 1 (b) shall communicate to the competent authorities : (a) the quantity of fresh tomatoes used during one, two or three marketing years as the case may be; (b) the quantity of processed products obtained from the quantity referred to in (a) broken down into two groups, according to whether production aid was granted or not. () OJ No L 144, 8. 6. 1991, p. 31.