2.7. 88 Official Journal of the European Communities No L 170717 COMMISSION REGULATION (EEC) No 1937/88 of 30 June 1988 laying down precautionary measures on production aid for processed tomato ' products THE COMMISSION OF THE EUROPEAN COMMUNITIES, [y . Having regard to the Treaty establishing the European Economic Community, and in particular Articles 5 and 155 thereof, Having regard to Council Regulation (EEC) No 426/86 of 24 February 1986 on the common organization of the market in products processed from fruit and vegetables ('), as last amended by Regulation (EEC) No 3905/87 (%), Whereas, by Council Regulation (EEC) No 1320/85 (), as last amended by Regulation (EEC) No 1929/87 (%), the Council limited the granting of production aid for processed tomato products, for all the processing enterprises of the producer Member States, to the quantities of processed products obtained from given. quantities of fresh tomatoes ; whereas that measure was introduced for a period of three marketing years ending on 30 June 1988 ; whereas the Commission has proposed to maintain, with certain adjustments for a period limited to the two marketing years 1988/89 and 1989/90, the arrangements limiting the production aid in question; whereas, despite all the Commission’s efforts, the Council has not, to date, taken any decision on that proposal; whereas, by virtue of the powers conferred on it by the Treaty, the Commission must adopt the precautionary measures essential to ensure that the common agricultural policy continues to operate for products processed from fruit and vegetables ; whereas these measures are taken as: a precaution and are without prejudice to the decisions of the Council ; ' HAS ADOPTED THIS REGULATION : Whereas the Commission has proposed to the Council adjustments with the aim in particular of allocating the production quotas between the processing enterprises on the basis of the total quantities which they processed in the last three marketing years and of permitting some development by reserving a small percentage of the overall quantities for new enterprises; Whereas the operators are aware of that proposal which has served as a basis for the conclusion of the preliminary contracts provided for in Article 4a of Commission Regulation (EEC) No 1599/84 (), as last amended by Regulation (EEC) No 648/88 () ; Whereas, failing a decision from the Council, despite a wide majority in favour of the Commission’s proposal, the arrangements limiting the granting of the aid must be maintained as a precaution by including the abovemen- ‘tioned adjustments ; Whereas this measure is essential on the one hand not to prejudge the final decision of the Council and on the other hand in order to avoid detrimental expenditure for the management of the sector; ‘ Whereas, as regards Spain and Portugal, the Act of Accession lays down the quantities of processed tomato products which may qualify for Community aid during the first four and five marketing years respectively following the accession of those two Member States ; whereas, however, in order to avoid unequal treatment, the adjustments regarding the allocation of the quotas between enterprises should be applied in those two Member States, Article 1 1. For the 1988/89 marketing year, the granting of production aid shall be limited, for all the processing enterprises in each producer Member State of the Community of Ten, to the quantities of processed tomato products obtained from the following quantities of fresh tomatoes : (Tonnes) . . Tomato Whole, peeled, Other tomato All enterprises in concentrate tinned tor;natoes products France 283 691 58 628 50 087 Greece 967 003 25000 21 593 Italy 1655000 1185000 ) 453 998 () OJ No L 49, 27. 2. 1986, p. 1. ‘() OJ No L 370, 30. 12. 1987, p. 20. - ’ () OJ No L 137, 27. 5. 1985, p. 41. () OJ No L 152, 8. 6. 1984, p. 16. ¢ N () OJ No L 183, 3. 7. 1987, p. 33. o L 65, 11. 3. 1988, p. 8.