17. 4. 97 Official Journal of the European Communities No L 100/41 COMMISSION REGULATION (EC) No 661/97 of 16 April 1997 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the system of quotas for processed tomato products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organization of the markets in processed fruit and vegetable products ('), and in particular Article 6 (5) thereof, Whereas Article 6 (4) of Regulation (EC) No 2201/96 lays down rules for sharing out quantities of fresh tomatoes for the production of processed products granting entitle- ment to production aid between the various undertakings that commenced processing three marketing years before that for which the allocation is made; whereas rules should also be laid down as to how quantities are to be shared out among undertakings that commenced proces- sing less than three years before the marketing year for which allocation is made; whereas the conditions to be met by undertakings in order to quality for such quant- ities must accordingly be determined; Whereas the detailed rules for the application of the system of production aid for products processed from fruit and vegetables were laid down in Commission Regulation (EC) No 504/97 (2); Whereas, with a view to some development of the tom- ato-processing industry’s production structures, a percent- age of the quantities of each group of finished products allocated to the Member States should be reserved for new undertakings; whereas, since the quantities available are limited, only undertakings providing guarantees of effi- ciency and durability should be allocated quantities; Whereas, pursuant to Article 6 (4) of Regulation (EC) No 2201/96, quantities actually produced during the 1996/97 marketing year are not taken into account when the rules for allocating quantities to processing undertakings are applied; whereas the consequences should be drawn for undertakings regarded as new during the 1996/97 mar- keting year and for all the other undertakings concerned until 1999/2000; Whereas the competent authorities allocate to each processing undertaking the quantities of fresh tomatoes which may be used to produce finished products confer- ring entitlement to the aid; whereas such allocation must () OJ No L 297, 21. 11. 1996, p. 29. () OJ No L 78, 20. 3. 1997, p. 14. be based on information forwarded by the undertakings; whereas, if there are doubts as to the accuracy of the information received, the competent authorities must be authorized to defer allocation until such doubts have been dispelled; Whereas, in order for the quota system to be as efficient as possible within each Member State, quantities not al- located and quantities allocated but not used should be redistributed fairly among their undertakings that sign contracts covering such additional quantities; Whereas the allocation of a specific quota to each under- taking means that the production aid is paid in respect of a fixed quantity only; whereas the objective of the ar- rangements is met if quotas allocated to undertakings can be transferred to others where they change hands; whereas such changes of ownership, which may be total or partial, must entail a proportional transfer of quota rights; whereas, in the event of mergers between undertakings operating in the same Member State, the transfer of rights to the undertaking resulting from the merger should also be permitted; Whereas, with a view to a better enforcement of proces- sing contracts, processors should process quantities covered by such contracts before starting to process others; Whereas the measures set out in this Regulation should replace those in Commission Regulation (EEC) No 1794/93 of 30 June 1993 laying down detailed rules for the application of production aid for processed tomato products (*); whereas that Regulation should therefore be repealed; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Processed Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 1. The allocation provided for in Article 6 (4) of Regu- lation (EC) No 2201/96 shall be made by the Member States by 31 May preceding each marketing year. () OJ No L 163, 6. 7. 1993, p. 23.