
Article 1 
Notwithstanding Article 6(1)(a) of Regulation (EC) No 1535/2003, in the case of tomatoes in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (hereafter the new Member States) during the 2004/05 marketing year, contracts between recognised producer organisations within the meaning of paragraph 1(1)(a) of the said Regulation and approved processors shall be concluded by 15 July and at least 10 days before deliveries are to commence.
Article 2 
For the 2004/05 marketing year and for the new Member States, the aid provided for in Article 4(2) of Regulation (EC) No 2201/96 shall be:

— EUR 25,88/tonne for tomatoes,
— EUR 35,78/tonne for peaches,
— EUR 121,28/tonne for pears.
Article 3 

1. Where the examination of compliance with the threshold for the purpose of fixing the aid for the 2005/2006 marketing year shows that the Community threshold has not been exceeded, an additional amount equal to 25 % of the aid provided for in Article 4(2) of Regulation (EC) No 2201/96 shall be paid in all the new Member States after the 2004/2005 marketing year, except in the case of tomatoes for which the additional amount shall be paid once it has been established that the new Member States have observed their national thresholds.
2. Where the examination of compliance with the threshold for the purpose of fixing the aid for the 2005/2006 marketing year shows that the Community threshold has been exceeded, in those new Member States in which the threshold has not been exceeded or in which the threshold has been exceeded by less than 25 % an additional amount shall be paid after the end of the 2004/2005 marketing year, except in the case of tomatoes for which the additional amount shall be paid once it has been established that the new Member States have observed their national thresholds.The additional amount referred to in the first subparagraph shall be based on the actual amount by which the national threshold concerned has been exceeded, up to a maximum of 25 % of the aid laid down in Article 4(2) of Regulation (EC) No 2201/96.
Article 4 
In examining compliance with the national processing thresholds for tomatoes, peaches and pears in the new Member States, the calculation shall be based:

((a)) for the 2005/06 marketing year:

((i)) in the case of tomatoes, on the quantities for which aid applications were submitted for the 2004/05 marketing year;
((ii)) in the case of peaches and pears, on the quantities for which aid was actually paid during the 2004/05 marketing year;
((b)) for the 2006/07 marketing year:

((i)) in the case of tomatoes, on the average of the quantities for which aid was actually paid during the 2004/05 marketing year and the quantities for which aid applications were submitted for the 2005/06 marketing year;
((ii)) in the case of peaches and pears, on the average quantities for which aid was actually paid during the 2004/05 and 2005/06 marketing years;
((c)) for the 2007/08 marketing year in the case of tomatoes, the average of the quantities for which aid was actually paid during the 2004/05 and 2005/06 marketing years and the quantities for which aid applications were submitted for the 2006/07 marketing year.
The quantity obtained when examining compliance with the national threshold shall be added to the amounts for all the other Member States for the purposes of examining compliance with the Community threshold.
Article 5 
This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
This Regulation shall be binding in its entirety and directly applicable in all Member States.