(a)
subject to proceedings by the competent authorities for infringements of Regulations (EC) No 865/2004 and (EC) No 1234/2007;
(b)
has been penalised for infringing the production aid scheme provided for in Regulation No 136/66/EEC of the Council(1) in the 2002/2003, 2003/2004 and 2004/2005 marketing years;
(c)
has been penalised for infringing the scheme to fund the activities of oil operators’ organisations provided for in Council Regulation (EC) No 1638/98(2) in the 2002/2003, 2003/2004 and 2004/2005 marketing years.