L61/4 Official Journal of the European Communities 2.3.2002 COMMISSION REGULATION (EC) No 396/2002 of 1 March 2002 laying down detailed rules for the application of the specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1454/2001 of 28 June 2001 introducing specific measures for certain agricultural products for the Canary Islands and repealing Regulation (EEC) No 1601/92 (Poseican) ('), and in particular Article 9(2), Article 10(5), Article 11(2) and Article 14(3) thereof, Whereas: Detailed rules should be laid down for the application of Articles 9, 10 and 11 of Regulation (EC) No 1454/2001, which provide for aid measures for fruit, vegetables, plants and flowers, and Article 14, which provides for aid measures for the cultivation of potatoes. Article 14 of Regulation (EC) No 1454/2001 provides for the grant of area aid for the cultivation of potatoes for human consumption in respect of an area not exceeding 9 000 hectares cultivated and harvested each year. Detailed rules for the grant of the aid should be laid down to reflect the distinctive cultural and climatic features of the Canary Islands archipelago. Article 9 of Regulation (EC) No 1454/2001 provides for the grant of aid for the marketing on the Canary Islands market of the products referred to in that Article. The aid must be fixed on a flat-rate basis in the light of the average value of each of the products to be determined, within the limits of annual quantities established for each product category. To make it possible for this provision to be implemented, a list should be drawn up of the products eligible for the aid based on the supply requirements of the regional markets, the categories should be established on the basis of the average value of the products covered, a maximum quantity should be fixed for the Canary Islands as a whole and detailed rules should be laid down for the grant of the aid. For the grant of the different aid amounts a distinction should be made between the producer organisations referred to in Council Regulation (EC) No 2200/96 of () O] L 198, 21.7.2001, p. 45. 28 October 1996 on the common organisation of the market in fruit and vegetables (%), as last amended by Commission Regulation (EC) No 911/2001 (*), and other producers. For the purpose of implementing the marketing aid measures and financing the economic study referred to in Articles 10 and 11 respectively of Regulation (EC) No 1454/2001, and in the interests of legislative simplifica- tion, the provisions adopted by Commission Regulation (EEC) No 2173/92 of 30 July 1992 laying down detailed rules for the application of specific measures adopted in respect of fruit, vegetables, plants and flowers for the benefit of the Canary Islands (%), as repealed by Regula- tion (EC) No 21/2002 (%), should be incorporated in this Regulation subject to the adjustments which experience has shown to be desirable and which the amendments to the Council Regulation demand. With regard in particular to the marketing aid for the conclusion of annual contracts referred to in abovemen- tioned Article 10, the concept of annual contract needs to be defined and a basis established for calculating the amount of the aid, set at 10 % of the value of the production marketed, free at destination, and at 13 % in situations where Article 10(4) applies. Provision should be made, lastly, for arrangements for allocating the quantities qualifying for aid in situations where there is an overrun of the limits set in that Article. Specific rules should be laid down to ensure that the quantities fixed are monitored and that the conditions set for the grant of the aid are met. To that end, a system of approval of operators involved in the distribu- tion and catering sectors, local authorities and food processors who undertake to meet certain requirements would appear to ensure the satisfactory administration of the local marketing aid scheme. General provisions applicable to these measures as a whole, especially those concerning monitoring and notification, should also be set out in a final chapter. To ensure the continuity of the aid schemes for the cultivation of potatoes and for marketing outside the Community and financing of the economic study, the provisions of Titles I, IIl and IV of this Regulation need to be made applicable with effect from 1 January 2002. The joint meeting of the Management Committees for Fresh Fruit and Vegetables, for Processed Fruit and Vegetables, for Hops, and for Live Plants and Floriculture Products has not delivered an opinion within the time limit laid down by its Chairman, 297, 21.11.1996, p. 1. 129, 11.5.2001, p. 3. () O] L () O] L () O] L 217, 31.7.1992, p. 56. () O] L 8, 11.1.2002, p. 15.