No L 119/68 Official Journal of the European Communities 11. 5. 90 COUNCIL REGULATION (EEC) No 1203/90 of 7 May 1990 on temporary measures relating to production aid for processed tomato products THE COUNCIL OF THE EUROPEAN COMMUNITIES, . Having regard to the Treaty establishing the European Economic Community, Havingregard to the Act of Accession of Spain énd Portugal, and -in particular Article 89 (2} and Article 234 (3) 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 (1), as last amended by Regulation (EEC) No 1202/90 (?), and in particular Article 2 (2) thereof, Having regard to the proposal from the Commission (3), Having regard to the opinion of the European Parliament (4), Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 2 (1) of Council Regulation (EEC) No 989/84 of 31 March 1984 introducing a system of guarantee  thresholds - for certain . processed fruit and vegetable products (), as amended by Regulation (EEC)- No 2246/88 (7), provides that production aid is to be reduced where the threshold guarantee for processed tomato products is exceeded; Whereas Council Regulation (EEC) No 2243/88 of 19 July 1988 on temporary measures relating to production aid for processed tomato products (#), as amended by Regulation . (EEC) No 1126/89 (?), limits the granting of the aid for the 1988/89 and 1989/90 marketing years in producer Member States to certain quantities of fresh tomatoes intended to be processed; Whereas the arrangements in force restricting the granting of the: aid should continue to be maintained with certain - 1 (*) O] No L 49, 27. 2. 1986, p. 1. (2) See page 66 of this Official Journal. (*) OJ No C 49, 28. 2. 1990, p. 88. (*) OJ No C 96, 17. 4. 1990. (°) O] No C112,7.5.1990, p. 34. (5) O] No L 103, 16. 4. 1984, p. 19. (7) O No L 198, 26. 7. 1988, p. 20. (8) O No L 198, 26. 7. 19838, p. 14. (?) O] No L 118, 29. 4. 1989, p. 31. adaptations in the light of experience gained, for a period limited to two marketing years to take account of the general situation of this production sector and pending the full integration of Portugal into the Community system; whereas the production ‘quotas’ should in particular be broken down between the processing undertakings on the basis of the total - quantities which they processed in the last three'marketing years; Whereas the undertakings which started production after the ‘beginning. of the 1988/89 marketing year have -only benefited partially from the production aid scheme; whereas, .. under the new scheme, they should be granted a quota based on a suitable reference period; Whereas the Act of Accession of Spain and Portugal lays down the quantities of processed tomato products which may qualify for Community aid in the first four marketing years following accession in the case of Spain and in the first five marketing years following accession in the case of Portugal; whereas those quantities are given in Regulation (EEC) No 2243/88 for the 1988/89 and 1989790 marketing years; whereas the quantities which may qualify for production aid in Spain and in Portugal should be increased to take account of the structural adaptations and adjustments of the sector to the new situation created by integration into the Community system; Whereas, in order to permit some development in the production structures in the sector, a small percentage of the overall quantities allocated in each Member State should be reserved for.undertakings which will start production during the 1990/91 and 1991/92 marketing years; whereas, in view of the limited quantities available, quantities should only be allocated to those undertakings presenting guarantees of efficiency and of the durability of their activities; Whereas, during the period of application of the measures limiting the granting of production aid, provision sheuld be made for any overrun in the guarantee threshold to be assessed on the basis of only those quantities actually qualifying for the production aid, HAS ADOPTED THIS REGULATION: Article 1 1.  During the 1990/91 and 1991/92 marketing years, 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: