26.5.2009 Official Journal of the European Union L 127/11 COMMISSION COMMISSION DECISION of 28 January 2009 on the ‘contingency plans’ in the fruit and vegetable sector implemented by France (C 29/05 (ex NN 57/05)) (notified under document number C(2009) 203) (Only the French text is authentic) (2009/402/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having given notice to the parties concerned to submit their comments, in accordance with the first subparagraph of Article 88(2) of the Treaty, and having regard to those comments, Whereas: I. PROCEDURE (1)  In response to a complaint, on 31 July 2002 the Commission wrote to the French authorities requesting information on unnotified aid in the fruit and vegetable sector that it was claimed France had been paying for several years under schemes known as contingency plans, strategic plans or annual plans (hereinafter referred to as contingency plans). A meeting took place between the French authorities and the Commission on 21 October 2002. By letter of 26 December 2002, registered on 2 January 2003, France provided information confirming that such aid had been paid up until the year 2002. By letter of 16 April 2003, the Commission asked France to provide it with a complete inventory of aid paid under ‘contingency plans’, broken down by measure and by holding, including the amount of aid paid for each measure and the precise duration of the schemes. By letter of 30 April 2003, France requested an extension of the deadline for replying to the Commission’s request for information. By letter of 22 July 2003, registered on 25 July 2003, France submitted information on the nature of measures financed and tables showing the breakdown of public funding for different holdings for the 1998-2002 period. The measure was subsequently entered in the register of unnotified aid under number NN 57/05. The Commission decision to initiate the procedure was published in the Official Journal of the European Union (1). The Commission called on the other Member States and interested third parties to submit their comments on the aid in question. France requested an extension of the deadline for replying, by letter dated 5 August 2005, received on 9 August 2005. France submitted its comments by letter dated 4 October 2005, received on 6 October 2005. By letter of 22 October 2005, registered on 24 October 2005, the Commission received comments from a third party with an interest, the Federation of Economic Agri- cultural Committees connected with the fruit and vegetable production sector [Fédération des Comités Econo- miques Agricoles rattachés a la filiere de production des fruits et légumes] (hereinafter referred to as FEDECOM), which is a federation of agri-economic committees and specialist fruit and vegetable federations. These comments were forwarded to the French authorities by letter dated 1 December 2005. The French authorities replied by letter dated 28 December 2005, in which they gave their permission for the letters dated 26 December 2002 and 22 July 2003 to be forwarded to FEDECOM. In the same letter, the French authorities sent a correction to the financial tables previously supplied. The letters concerned were forwarded to FEDECOM by letter dated 18 January 2006. () O] C 233, 22.9.2005, p. 21.