No L 202/32 Official Journal® of the European Communities 23. 7. 87 COMMISSION REGULATION (EEC) No 2160/87 of 22 July 1987 fixing for the 1987/88 marketing year the: minimum price to be paid to produ- cers for tomatoes and the amount of production -aid for processed tomato products ' THE COMMISSION OF THE EUROPEAN COMMUNITfES, Having regard to the Treaty establishing the European Economic Community, Having. regard to the Act of Accession -of Greece, Having regard to the Act of- Accession of Spain and- Portugal, 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 1928/87 (3, and in particular Articles 4 (4) and § (5) thereof, Having regard to Council Regulation (EEC) No 1320/85 of 23 May 1985 on temporary measures for production aid to processed tomato products (%), as amended by Regu- lation (EEC) No 2939/85 (*), and in particular Article 2 (5) thereof, ‘ Whereas Council Regulation (EEC) No 1277/84 of 8 May. 1984 laying down general rules for the system of produc- tion aid for processed fruit and vegetables () contains provisions as to the methods for determining the produc- tion aid; Whereas, under Article 4 (1) of Regulation (EEC) No 426/86, the minimum price to be paid to producers is to be determined on the basis of, firstly, the minimum price applying during the previous marketing year, secondly, the movement of basic prices in the fruit and vegetable sector and, thirdly, the need to ensure the normal marke- ting of fresh products for the various uses; Whereas Article 5 of Regulation (EEC) No 426/86 lays down the criteria for fixing the amount of production aid ; whereas account must, in particular, be taken of the aid fixed for the previous marketing year adjusted to take account of changes in the minimum price to be paid to producers, the non-member country price and, if neces- sary, the pattern of processing cost assessed on a flat-rate basis; whereas, in respect of tomato concentrates, preserved whole peeled tomatoes and tomato juices the volume of imports makes the non-member country price unrepresentative ; whereas the production aid for these OJ No L 49, 27. 2. 1986, p. 1. OJ No L 183, 3. 7. 1987, p. 32. OJ No L 137, 27.. 5. 1985, p. 41. OJ No L 283, 24. 10. 1985, p. 1. OJ No L 123, 9. 5. 1984, p. 25. products must be calculated by reference to a price based on the Community market price; Whereas Article .1 (1) of Council :Regulation (EEC) No 989/84 (%) fixed as the guarantee threshold for each year a quantity of processed tomato products corresponding to 4700 000 tonnes of fresh tomatoes ; whereas Community production calculated in accordance with Article 2 (2) of that Regulation exceeds the-threshold for the 1986/87. marketing year and- the production of each group of tomato-based products. is higher than the quantity speci- fied in the second subparagraph of Article 1 (1) of the same Regulation; whereas the production aid for the 1987/88 marketing year must be reduced for such products pursuant to Article 2 (1) of the same Regulation ; Whereas, as regards Greece, pursuant to Article 103 of the Act of Accession of Greece and until the first move towards alignment of prices, the minimum price to be paid to Greek producers is to be established on the basis of prices paid in Greece to national producers, over the reference period defined in Article 1 of Council Regula- tion (EEC) No 41/81 ("); whereas that price must be aligned with the level of the common prices -pursuant to Article 59 of that Act; Whereas the minimum price to be paid to producers in Spain and Portugal and the production aid for the products obtained shall be determined as provided for. in Articles 118 and 304 of the Act of Accession of Spain and Portugal ; whereas the representative period for determi- ‘ning the minimum price for tomatoes intended for certain uses is laid down in Council Regulation (EEC) No 461/86 of 25 February laying down, on account of the accession of Spain and Portugal, rules on the production aid system in respect of processed fruit and vegetables (%) whereas as a consequence of Article 1 (2) of that Regula- tion no production aid can be paid during the transitional period for preserved whole peeled tomatoes and frozen whole tomatoes obtained from the San Marzano variety grown in Portugal ; Whereas Articles 118 (3) (b) and 304 (3) (b) of the Act of Accession of Spain and Portugal provide that the grant of production aid to tomato-based products is to be limited to specific quantities ; whereas to ensure equitable alloca- tion of raw material to each of the production regions of (9 OJ No L 103, 16. 4. 1984, p. 19. () O] No L 3, 1. 1. 1981, p. 12. () O No L 53, 1. 3. 1986, p. 15.