Article 36 Examination of compliance with processing thresholds

In the case of tomatoes, peaches and pears, compliance with the Community and national processing thresholds as referred to in Article 5(1) of Regulation (EC) No 2201/96 shall be established in all Member States concerned on the basis of the quantities for which aid is granted during the last three marketing years for which definitive data are available.

In the case of proven or suspected irregularities and where administrative or criminal enquiries have been launched to establish whether aid applications were justified, the disputed quantities shall not be taken into account for examining compliance with the thresholds.