S.L. 146.2 Art. 18Sanctions and fines.

(1) All the sanctions established by the European

Commission regarding the marketing year provided for in regulation 6 shall be applied in their entirety against the processors.

(2) Whosoever, through serious negligence or false declaration, shall breach any of the provisions of these regulations, regarding any market transactions of the products, shall be punished by a fine payable to the competent authority equal to twice the unit amount of the sum obtained through the aid scheme. In the case of processors, they shall be furthermore be excluded from the Register of Processors referred to in regulation 5 for a period of five years. FIRST SCHEDULE

Processed products covered by the common organization of the markets in processed fruit and vegetable products

(a) Peeled tomatoes, whole or in pieces, frozen, covered by CN code 70 of Annex I of EC Regulation 2201/1996.

(b) Tomato flakes covered by CN code ex 0712 90 30 of Annex Regulation 2201/1996

(c) Peeled tomatoes, whole or in pieces, covered by CN code ex Annex I of EC Regulation 2201/1996.

(d) Unpeeled tomatoes, whole or in pieces covered by CN code ex Annex I of EC Regulation 2201/1996.

(e) Tomato juice (including passata) covered by CN codes ex 2002 2002 90 19, 2009 50 10 and 2009 50 90 of Annex I of EC Regulation

(f) (i) Tomato concentrate covered by CN codes ex 2002 90 31, ex 2002 90 91 and ex 2002 90 99 of Annex I of EC Regulation 1996.

(ii) Kunserva: a typical Maltese tomato spread prepared concentration of fresh tomatoes, after the removal of skins and the addition of sugar and natural salt. It has the consistency paste with good spread able properties with a bright colour and a characteristic sweet/acid tomato flavours.

(g) Williams and Rocha pears covered by CN codes ex 2008 40 59, 2008 40 71, ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99 of Regulation 2201/1996.

(h) Peaches in syrup and, or in natural fruit juice covered by CN 70 61, ex 2008 70 69, ex 2008 70 71, ex 2008 70 79, ex 2008 70 92, and ex 2008 70 99 of Annex I of EC Regulation 2201/1996.

(i) Mixtures of fruit, whole or in pieces, in syrup or in natural containing at least [60%] peaches and pears covered by CN codes ex 2008 99 of Annex I of EC Regulation 2201/1996. Finished products 1. peaches in syrup and, or in natural fruit juice: whole peaches peaches, without peel, having undergone a heat treatment, packed in sealed containers with a covering liquid of sugar syrup or natural falling within CN codes ex 2008 70 61, ex 2008 70 69, ex 2008 70 79, ex 2008 70 92, ex 2008 70 94 and ex 2008 70 99 of Annex I of 2201/1996; 2. pears in syrup and, or in natural fruit juice: pears of the Williams varieties, whole or in pieces, without peel, having undergone a heat packed in hermetically sealed containers with a covering liquid of natural fruit juice and falling within CN codes ex 2008 40 51, ex 2008 40 71, ex 2008 40 79, ex 2008 40 91 and ex 2008 40 99 of Annex I of 2201/1996;

3. mixed fruit: mixtures of fruit, whole or in pieces, without heat treatment, with a covering liquid of sugar syrup or natural fruit in hermetically sealed containers in which the drained net weight of Williams and Rocha pears accounts for at least 60% of the total net weight, falling within CN codes ex 2008 92 and ex 2008 99 of Annex I of 2201/1996, and made directly from fresh peaches and, or Williams pears delivered during the periods indicated in regulation 3(2)(b) and (c);

prunes: prunes obtained from dried ''d’Ente'' plums which have been suitably processed and are packed in appropriate containers, falling within CN 20 00 of Annex I of EC Regulation 2201/1996 and ready to be offered consumption; figs: dried figs, including fig paste, which have been suitably treated and are packed in appropriate containers, falling within CN code ex Annex I of EC Regulation 2201/1996 and ready to be offered for consumption; peeled quick-frozen tomatoes: peeled tomatoes of the oblong frozen, packed in appropriate containers and falling within CN code ex Annex I of EC Regulation 2201/1996, where not less than 90% of the the tomatoes consists of whole tomatoes not showing any damage substantially alters their appearance. That percentage shall be determined tomatoes have been thawed; non-whole peeled quick-frozen tomatoes: pieces of peeled tomatoes of the varieties, or round varieties which are as easy to peel as the oblong varieties, in appropriate containers and falling within CN code ex 0710 80 70 EC Regulation 2201/1996; peeled preserved tomatoes: peeled tomatoes of the oblong varieties, undergone a heat treatment, packed in hermetically sealed containers and CN code ex 2002 10 10 of Annex I of EC Regulation 2201/1996, than 65% of the weight of the drained tomatoes consists of whole which do not show damage which substantially alters their appearance; non-whole peeled preserved tomatoes: peeled tomatoes in pieces or partially oblong varieties, or round varieties which are as easy to peel as the varieties, having undergone a heat treatment, packed in hermetically sealed falling within CN code ex 2002 10 10 of Annex I of EC Regulation Where these products are to be used to make the products indicated at shall be packed in appropriate containers; flakes: flakes obtained by drying tomatoes cut into slivers or small in appropriate containers and falling within CN code ex 0712 90 30 of Regulation 2201/1996;

juice: juice obtained directly from fresh tomatoes and strained free pips and other coarse parts, having a dry-matter content, where after concentration, of less than 12%, packed in hermetically sealed falling within CN codes ex 2002 90 11, ex 2002 90 19, 2009 50 10 90 of Annex I of EC Regulation 2201/1996. Juice with a dry-matter least 7% may however contain skin and pips constituting up to 4% by product. Where these products are to be used to make the products point 15, they shall be packed in appropriate containers;

concentrate: the product obtained by concentrating tomato juice, appropriate containers, having a dry-matter content of 12% or more and CN codes ex 2002 90 31, ex 2002 90 39, ex 2002 90 91 and ex 2002 90 I of EC Regulation 2201/1996. Concentrate having a dry-matter content of not more than 18% or of between 18 and 24% may contain not more 7%, respectively, skin and pips by weight of product. 13. kunserva: the product obtained by concentrating tomato directly from fresh tomatoes, containing added sugar and salt, having content of 28% to 36%, packed in hermetically sealed containers, "kunserva", and falling within CN code ex 2002 90. 14. whole unpeeled preserved tomatoes: whole unpeeled tomatoes or round varieties, having undergone a heat treatment, packed in hermetically containers, lightly brined (tomatoes in brine) or in tomato purèe (tomatoes or in juice), where not less than 65% of the weight of the drained tomatoes of whole tomatoes not showing any damage which substantially appearance, and falling within CN code ex 20 02 10 90 of Annex I of 2201/1996. Where these products are to be used to make the products point 15, they shall be packed in appropriate containers; 15. non-whole unpeeled preserved tomatoes: tomatoes in pieces crushed, of the oblong or round varieties, having been slightly strained, not slightly concentrated, packed in hermetically sealed containers, matter content of between 4,5% and 14%, containing skin within down in Commission Regulation (EC) No 1764/86(13), and falling within ex 2002 10 90 of Annex I of EC Regulation 2201/1996. Where these be used to make the products indicated at point 15, they shall appropriate containers; 16. prepared sauces: tomato-based preparations obtained by mixing products referred to at points 9, 11, 12, 13, 14 or 15 above with other plant or animal origin except fresh tomatoes, having undergone a heat packed in hermetically sealed containers where the net weight of referred to at points 9, 11, 12, 13, 14 or 15 accounts for at least 60% weight of the prepared sauce. These products must be made during indicated in regulation 3(2) in the same establishment as the products to at points 9, 11, 12, 13, 14 or 15; 17. sugar syrup: a liquid in which water is combined with sugars a total sugar content determined after homogenisation of not less than used to cover fruits in syrup; 18. natural fruit juice: a covering liquid with a minimum of 9,5º Brix, solely of fermentable but unfermented juice extracted mechanically from juice obtained from concentrated fruit juice by the restoration of the water extracted during concentration, as defined in European Union Directive 2001/112/EC(14), without added sugar. SECOND SCHEDULE

(EC) No. 2201/96 - Reg. (EC) No. 2699/2000 - Reg. (EC) No. 1535/2003 CONTRACT/AMENDEMENT FOR THE TRANSFER OF ................ FOR INDUSTRY MARKETING YEAR ......................./..................... No .................................. of ....................... No. ............................ of ............................... (only in case of amendment)

BETWEEN OF THE ONE PART Producer or Legal Representative (or Legal Rep.) Name and Surname .................................................................. ........................................................................................................................ ................................................ ..................................... V.A.T. No. ..................................

AND OF THE OTHER PART Processor or Legal Representative ......................................................................................................................... ......................................................................................................................... ................................................. by .................................................................. Name ............................................... ......................................................... at .......................................................... ........................................................................................................................ .................................................... V.A.T. No. ...................................................... referred to as "Processor", declares to be a member of ...................................... with Reg. (EC) No. 1535/2003

IT IS AGREED AND DRAWN UP AS FOLLOWS accordance with the Community Regulations cited above) following contract for the transfer of ............................ for Industry concerns following quantities at the following prices:

Expected Yield Quantity Estimated (average of past Expected Total Contracted Utilised Area two marketing Quantity (Kg) (for

(Ha) years)

(2) processing)

(1) (Kg) (Kg) (3) Cases of price differentials

Method of Qualitative Period of Type of Product delivery characteristics Delivery (free)

The data of columns (1), (2) and (3) are indicative for monitoring purposes.

1) FARMER COMMITS HIMSELF TO - cultivate and deliver to the PROCESSOR the quantity stated tomatoes, which are healthy, and marketable; - .............................................................................................................. - .............................................................................................................. 2) THE PROCESSOR COMMITS HIMSELF - to accept the tomatoes produced within the limit of contracted and conforming to the regulations, for the processing into one of the products of Annex 1 of Reg. (EC) 96; - to pay the quantities received at the established price, described in the present contract; - to rigorously respect when providing the delivery certificate Producer, the facsimile provided by the Ministry for Rural the Environment both in the structure as well as in its contents; - to inform the Producer when the quantity agreed upon has been fully delivered, for the purposes of avoiding any surpluses for which the Producer may not benefit from community 3) METHOD OF DELIVERY AND QUALITY AND QUANTITY (in accordance with the Reg. (EC) No. 1535/03 and with the Reg. 2002)

On receiving the tomatoes at the Processors’ premises, a delivery be issued conforming to Reg. (EC) No. 1535/2003 and to the draft provided by the MRAE. 4) DELIVERY OF THE PRODUCT, CONTAINERS AND PRODUCE .............................................................................................................................. .............................................................................................................................. 5) METHOD AND TERMS OF PAYMENT, GUARAN COMPENSATIONS Payments

The payments for the delivered Raw Materials will be effected in Producer by bank or postal transfer, in accordance with Reg. (EC) No. ? Within two months starting from the end of the month in which goods is delivered ? ..................................................................................................................... Guarantees Processor must attach a copy of the guarantee, if this is being presented.

of the bank (or insurance) guarantee that is being presented: ............................................................ Issued on ........................................... ........................................................... Agency ................................................

............................................................ for the amount of € .......................... ........................................................ Compensations either party fail to fulfill their contractual obligations, the following will be due:

Payment deadlines .....................................................................................................................

Delivery of the raw materials by the producer .....................................................................................................................

Acceptance of the raw materials by the processor .....................................................................................................................

the processor fail to inform the producer in time, that the quantity contracted has been reached, for any surpluses that will exceed the contracted quantity, the processor will be obliged to pay (to the producer), besides the contracted price, the corresponding amount of community aid the Ministry for Rural Affairs and the Environment will not acknowledge for payment. agree that, should arguments arise, they will expect nothing other than enforcement of the above mentioned penalties. explicitly agree with all that is provided for by the present contract, in what is referred to in point 5 "Guarantees and Compensations". PROCESSOR THE PRODUCER Representative) (Or Legal Representative)

................................... ........................................ THIRD SCHEDULE

Reg. (EC) No. 2201/96 - Reg. (EC) No. 2699/2000 - Reg. (EC) No. 1535/2003 CONTRACT TO SUPPLY FOR THE TRANSFER OF ................ FOR INDUSTRY MARKETING YEAR ......................./..................... No .................................. of .......................

BETWEEN OF THE ONE PART Details of the Producer or Legal Representative Producer’s (or Legal Rep.) Name and Surname .................................................................. Residing at ........................................................................................................................ Town ................................................ I.D. Card No. ..................................... V.A.T. No. ..................................

AND OF THE OTHER PART Details of the Processor or Legal Representative The FIRM ......................................................................................................................... Located at ......................................................................................................................... Town ................................................. Represented by Surname .................................................................. Name ............................................... Born on the ......................................................... at .......................................................... Residing at ........................................................................................................................ I.D. No. .................................................... V.A.T. No. ...................................................... hereinafter referred to as "Processor", declares to be a member of ...................................... in accordance with Reg. (EC) No. 1535/2003

IT IS AGREED AND DRAWN UP AS FOLLOWS (in accordance with the Community Regulations cited above) the following Contract for the Transfer of ............................ for Industry the following Quantities at the following prices:

Expected Yield

Estimated (average of past Expected Total Utilised Area two marketing Product Quantity (Kg)

(Ha) years) (2)

(1) (Kg)

(3) Tomato price differentials

Method of Qualitative Period of Price Product delivery characteristics Delivery Euro / ton (free)

columns (1), (2) and (3) are indicative for monitoring purposes.

PROCESSOR COMMITS HIMSELF accept the tomatoes produced within the limit of the quantity contracted and conforming to the regulations, for the purposes of processing into one of the products of Annex 1 of Reg. (EC) No. 2201/ 96; pay the quantities received at the established price, in the manner described in the present contract; rigorously respect when providing the delivery certificate of the Producer, the facsimile provided by the Ministry for Rural Affairs and the Environment, both in the structure as well as in its contents; inform the producer wþhen the quantity agreed upon in the contract has been fully delivered, for the purposes of avoiding any contractual surpluses for which the producer may not benefit from community aid; ..............................................................................................................

METHOD OF DELIVERY AND QUALITY AND QUANTITY CONTROL with the Reg. (EC) No. 1535/03 and with the Reg. (EC) No. 217/

.............................................................................................................................. ................................................................................................................................. the tomatoes at the Processors’ premises, a delivery certificate will conforming to Reg. (EC) No. 1535/2003 and to the draft document the Ministry for Rural Affairs and the Environment. DELIVERY OF THE PRODUCT, CONTAINERS AND DEFECTIVE

.............................................................................................................................. .............................................................................................................................. THE PROCESSOR (or Legal Representative)

................................... ........................................ FOURTH SCHEDULE

INFORMATION RELATING TO THE DELIVERY TO THE INDUSTRIES OF FRUIT AND VEGETABLES WHICH ARE SUBJECT TO COMMUNITY Delivery Receipt No. Issued in accordance with Reg. EC. No. 2201/96 and with EU Regulation 1535/2003 REFERENCES OF THE CONTRACT AND OF THE PARTIES INVOLVED

IACS Contr./Amend. Code CONTRACT No.

PRODUCT AMENDMENT No.

PRODUCER Surname and Name of Producer (or Legal Repr.)

I.D. No. F.R.C. VAT No.

D.O.B. Telephone Mobile

If Company or Cooperative, the I.D. No. of the legal representative must be given. PROCESSING / COLLECTION CENTRE: Legal Representative VAT No.

INDUSTRY: Processor’s Code Establishment’s Code

Legal Representative VAT No.

Location of Head Office

REFERENCES OF THE TRANSPORT DOCUMENT

Document No. of M. Vehicle's Reg. No. (where applicable)

Identification of Transport Haulage Contractor

VERIFICATION OF LOADING

Date Time Weighting Ticket No.

Gross Weight Kg Defective Kg Net Weight Kg

Waste Kg Rate of Reduction

Net Weight for payment Kg *

Sugar Content ºBx index of price variation

Contracted price per unit € / 1000 Kg

Final price per unit € / 1000 Kg

Total amount for payment € / 1000 Kg

Signature of Producer Signature of Processor’s Representative

.................................. ..................................... (*) The product complies with the minimum quality requirements laid down under Reg. FIFTH SCHEDULE

(code I.D. or VAT)

AMENDMENT NOTIFICATION

Delivery Certificate ............................ Contract/Amendment No. ...................... of ..................

Delivery Certificate No. ......................... of ................... analytical checks related to the delivery certificate referred to as object notification, I/we kindly ask you to take note of the amendments to the data specified below:

No. : ......................... • Date of unloading : ......................... Date : ......................... • Time of unloading : ......................... l. rep. : ......................... • Typology : ......................... : ......................... • Gross weight : Kg. ................... : ......................... • Defective : Kg. ................... : ......................... • Net weight : Kg. ................... : ......................... • Waste : Kg. ................... : ......................... • Rate of reduction : % ..................... No. : ......................... • N. weight for payment : Kg. ................... date : ......................... • Sugar Content : Bx .................... contractor : ......................... • Index of price variation : % ..................... No. : ......................... • Contracted price/unit : € ....................... No. : ......................... • Final price/unit : € ....................... • Total amount for payment : € .......................

rest. The Processor

.................................... present amendment is intended as an integral and substantial part of the which is the object of this notification, to which it will be attached.