1989R1164 — EN — 01.08.1992 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EEC) No 1164/89
of 28 April 1989
laying down detailed rules concerning the aid for fibre flax and hemp
(OJ L 121, 29.4.1989, p. 4)
Amended by:
Official Journal
No page date
►M1 Commission Regulation (EEC) No 2176/92 of 30 July 1992 L 217 70 31.7.1992
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COMMISSION REGULATION (EEC) No 1164/89
of 28 April 1989
laying down detailed rules concerning the aid for fibre flax and
hemp
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 1308/70 of 29 June
1970 on the common organization of the market in flax and hemp (
1), as
lastamended by Regulat ion (EEC) No 3995/87 (2), and in particular
Articles 2 (6) and 4 (5) thereof,
Whereas Council Regulation (EEC) No 619/71 (3), as lastamended by
Regulation (EEC) No 2059/84 (4), lays down general rules for the grant
of aid for flax and hemp; whereas it is the responsibility of the Commis-sion to lay down the relevant implementing rules;
Whereas, if the aid scheme is to operate properly, it must be possible to
distinguish flax grown mainly for fibre from that grown mainly forseed; whereas this aim may be achieved by specifying the seeds fromwhich the two types of flax may be grown; whereas to the same end thevarieties of hemp the tetrahydrocannabinol content of which does notexceed the limits laid down in Regulation (EEC) No 619/71 should beindicated on the one hand and the way that content is to be recordedshould be determined on the other hand;
Whereas, in order to prevent fraud, certain rules for the grant of aid
should be laid down;
Whereas Article 4 of Regulation (EEC) No 619/71 requires Member
States to introduce supervisory arrangements to ensure that the productfor which aid is requested satisfies the requirements for the grant ofsuch aid; whereas the declarations of areas sown and the aid applica-tions to be sent in by the producers must therefore contain the minimumparticulars necessary for such supervision; whereas, in order to simplifythe operation of the aid scheme, provision should be made, where theproducer has concluded a cultivation contract for fibre flax, for hisapplication to be accompanied by a copy of that contract;
Whereas Article 5 of Regulation (EEC) No 619/71 provides for spot
checks of the declarations and aid applications referred to above;whereas, in order to be effective, such checks must be made of asignificant number of declarations and applications; whereas uniformprovisions should be laid down for the grant of the aid where the areasrecorded during a check differ from those indicated in declarations ofareas sown and aid applications;
Whereas, having regard to the existing arrangements in Member States,
the said States should be required, when granting aid for fibre flax incases where no cultivation contract has been concluded, to apply asystem of production certificates or of registered contracts; whereas ifsuch a system is to operate effectively, the minimum amount of infor-mation which must appear in such certificates should be specified;
Whereas uniform provisions should be laid down for paymentof t he
aid;
Whereas Article 2 of Regulation (EEC) No 1308/70 provides that, in
order to promote sales of flax products, Community measures to
(1) OJ No L 146, 4. 7. 1970, p. 1.
(2) OJ No L 377, 31. 12. 1987, p. 34.
(3) OJ No L 72, 26. 3. 1971, p. 2.
(4) OJ No L 191, 19. 7. 1984, p. 6.
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encourage the use of flax fibre and products obtained from such fibres
can be adopted;
Whereas, in the interests of sound management, schemes to promote the
use of flax fibres to be approved by the Commission should be carriedout as part of a detailed programme to be drawn up following consulta-tion of the Member States and, where appropriate, those working in thisfield; whereas, with the same aim, provision should be made for thepractical execution of the schemes in accordance with procedures totheir specific technical characteristics;
Whereas the previous proposals presented under the agreed procedures
must be assessed according to criteria that will permit the best possibleselection; whereas, to that end, open or restricted invitation to tenderappears to be the most appropriate procedure; whereas, however, forschemes which call for an in-depth knowledge of the flax industry,direct negotiation with the trade and inter-branch organizations may beconsidered the most suitable procedure;
Whereas the Member States should be informed of the Commission’s
choices and of the progress of the schemes selected;
Whereas for the sake of clarity Commission Regulation (EEC) No
771/74 (
1), as lastamended by Regulat ion (EEC) No 2807/88 (2), should
be repealed and it should be replaced by this Regulation;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Flax and Hemp,
HAS ADOPTED THIS REGULATION:
Article 1
The aid referred to in Article 4 of Regulation (EEC) No 1308/70 shall
be granted for fibre flax and hemp produced in the Community inaccordance with the rules laid down in the Articles below.
Article 2
Aid shall be granted for flax grown from the seed varieties:
— specified in Annex A, or
— currently under review by Member States’ authorities for inclusion
in the catalogue of flax varieties intended mainly for the productionof fibre.
Article 3
1. Aid shall be granted only in respect of areas of hemp which have
been sown with the varieties of seed listed in Annex B.
2. For the purposes of monitoring compliance with the conditions
laid down in the first paragraph of Article 3 (1) of Regulation (EEC) No619/71, applications for aid for hemp shall be accompanied by a copy ofthe official label drawn up pursuant to Council Directive 69/208/EEC (
3), or provisions adopted on the basis of that Directive, for the
seed used, or by any ot her documentrecognized as being equivalentbythe Member State concerned.
3. The determination of the tetrahydrocannabinol content and
sampling for the purpose of determining such content shall be carriedout in accordance with the method described in Annex C.
4. The Member States concerned shall pay the aid only where the
area harvested and the quantity of seed shown in one of the documentsreferred to in paragraph 2 correspond.
(1) OJ No L 92, 3. 4. 1974, p. 13.
(2) OJ No L 251, 10. 9. 1988, p. 13.
(3) OJ No L 169, 10. 7. 1969, p. 3.
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Article 4
Aid shall be granted only in respect of areas:
(a) which have been completely sown and harvested and on which
normal cultivation work has been carried out; and
(b) for which a declaration of areas sown has been made in accordance
with Article 5.
Article 5
1. Exceptin cases of force majeure, all growers of fibre flax and
hemp shall submit a declaration of the areas sown, in the case of flaxnot later than 30 June and in the case of hemp not later than 15 July.However, for the 1989/90 marketing year the declaration shall besubmitted not later than 15 July and 31 July respectively.
2. If the area recorded proves to be smaller than that indicated in the
declaration, the person making the declaration must forward the figureson the area recorded to the competent authorities, within the time-limitslaid down in paragraph 1.
3. Such declaration shall include:
— the surname, first name(s) and address of the person making the
declaration,
— the species together with, for flax, the main purpose for which it is
sown, and the variety sown,
— the area sown, in hectares and ares,— the cadastral register number of the areas sown, or a reference
recognized as equivalent by the body responsible for checking thearea.
4. A declaration relating to an area of at least three hectares shall be
admissible only if:
— it has been endorsed by a body designated by the Member State
concerned or,
— it is accompanied by a document certifying to satisfaction of the
Member State concerned that the declaration is accurate.
Member States may provide that declarations relating to an area of less
than three hectares shall be admissible only if they have been endorsedby a body designated by them.
Article 6
1. The checks provided for in Article 5 of Regulation (EEC) No
619/71 shall be carried outon atleast5 % of t he declarat ions of areassown referred to in Article 5 and on a representative percentage of theaid applications provided for in Article 8, having regard to thegeographical distribution of the areas concerned.
2. Where significant irregularities arise relating t o6%o r more of the
checks carried out, the Member States shall notify the Commissionthereof forthwith and shall state what measures have been adopted.
Article 7
If the checks provided for in Article 5 of Regulation (EEC) No 619/71
show that the area declared is:
(a) less than that ascertained during the checks, the area ascertained
shall be used;
(b) greater than that ascertained during the checks, the area used shall
be the ascertained area minus the difference between the areaoriginally declared and that ascertained, without prejudice to anypenalties laid down under national law, except where the differenceis considered justified by the Member State concerned; in that casethe area ascertained shall be used.
Member States shall notify the Commission of the measures taken for
the application of this Article.
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Article 8
1. All growers of fibre flax or hemp shall submitan aid applicat ion
not later than 30 November for flax and 31 December for hemp.
However, exceptin cases of force majeure, if the application is lodged:
— before the end of the month following that indicated in the first
subparagraph, 66 % of the aid provided for in Article 4 of Regula-tion (EEC) No 1308/70 shall be granted,
— before the end of the second month following that month, 33 % of
that aid shall be granted.
2. Aid applications shall contain:
— the surname, first name(s) and address of the applicant,
— a declaration in hectares and ares of the areas harvested, and the
cadastral register number of those areas, or a reference recognizedas equivalent by the body responsible for checking the areas,
— details of the place where the produce concerned is stored or, if it
has been sold and delivered, the name, first name(s) and address ofthe purchaser.
3. Where the producer satisfies the requirements of Article 3a (b) of
Regulation (EEC) No 619/71, the aid application shall be accompaniedby a copy of the cultivation contract referred to in that Article, exceptwhere such contract has been registered with the competent authority.
4. Without prejudice to paragraph 5, if the area in respect of which
the aid is applied for is greater than that indicated in the declaration ofareas sown, the latter area shall be used.
5. If the checks provided for in Article 5 of Regulation (EEC) No
619/71 show that the area in respect of which the aid is applied for is:
(a) less than that ascertained during the checks, the area ascertained
shall be used;
(b) greater than that ascertained during the checks, without prejudice to
any penalties provided for under national law and the provisions of(c), the area used shall be the ascertained area minus the differencebetween the area in respect of which the aid is applied for and thatascertained, except where the difference is considered justified bythe Member State concerned; in the latter case the area ascertainedshall be used;
(c) greater than that ascertained during the checks and if, for the person
making the declaration in question, the areas indicated in thedeclarations or applications have been reduced during the samemarketing year or the preceding one in accordance with Article 7 orpoint (b) of this paragraph, except where the difference is consid-ered justified by the Member State concerned, the aid applicationshall be rejected.
Member States shall notify the Commission of the measures taken for
the application of this paragraph.
Article 9
For the purposes of granting aid for flax, where the producer does not
satisfy the requirements of Article 3a (b) of Regulation (EEC) No619/71, the Member State concerned shall apply a system of productioncertificates or registered contracts.
Article 10
1. Where a Member State applies a system of production certificates
as provided for in Article 9, for each hectare or part of a hectare inrespect of which entitlement to aid has been recognized, a certificaterepresenting half of the amount of the aid shall be issued to the grower.
2. In cases where, at the end of the marketing year:
(a) no contract as referred to in Article 3 (2) of Regulation (EEC) No
619/71 has been concluded, or the producer has himself processed
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the flax into straw or had it processed on his behalf, the certificate
shall be retained by the producer;
(b) such a contract has been concluded, the certificate shall be given to
the buyer.
On the presentation of a properly completed certificate, half of the aid
shall be paid to the person concerned. This certificate must be submittednot later than 31 December following the end of the marketing yearconcerned.
3. Certificates shall contain at least the following particulars:
— the surname, first name(s) and address of the grower,
— the area concerned,— the amount of aid to be paid,— the surname, first name(s) and address of the recipient of the aid,— the signature of the producer and of the recipient of the aid,— where the certificate is submitted by the producer, evidence that he
satisfies one of the conditions laid down in Article 3 (2) (a) or (b) ofRegulation (EEC) No 619/71.
Article 11
Where a Member State applies a system of registered contracts as
provided for in Article 9, then:
(a) where a contract as referred to in Article 3 (2) of Regulation (EEC)
No 619/71 has been concluded before the end of the marketingyear, half of the aid shall be paid to the purchaser;
(b) where no such contract has been conclused by the date in (a), or
where it is proved that the producer himself processes the flax intostraw or has it so processed on his behalf, the whole of the aid shallbe paid to the producer.
Article 12
Member States shall pay the aid for flax and hemp before 1 March
following the end of the marketing year concerned.
Article 13
1. The Commission shall adopt, on the basis of the general
programme referred to in Article 2 (4) of Regulation (EEC) No 1308/70, a detailed programme of the measures referred to in paragraph 1 ofthat Article which it intends to take. Such programmes may cover morethan one marketing year.
2. For the purposes of drawing up the detailed programme, the
Commission:
— shall consult the Management Committee for Flax and Hemp,
— may consult the Advisory Commitee on Flax and Hemp.
3. When drawing up its detailed programme the Commission shall:
— give details of cooperation, if any, with trade and inter-branch
organizations in the sector,
— take account of promotional measures that have been carried out or
are planned in this industry.
Article 14
1. Without prejudice to paragraph 2 below, the measures referred to
in Article 2 (2) of Regulation (EEC) No 1308/70 and contained in thedetailed programme shall be carried out following the issue of open orrestricted invitations to tender. Open invitations to tender shall bepublished in the Official Journal of the European Communities .
2. The measures referred to in the first indent of Article 2 (2) of
Regulation (EEC) No 1308/70 relating to technical or trade informationor public relations which require, by virtue of their specific or technicalnature, specialized knowledge regarding the use of flax fibres andproducts obtained from them, shall be carried out by the restricted
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tendering procedure. However, they shall be carried out by direct nego-
tiation between the Commission and the trade or inter-branch organ-izations where those organizations alone have the necessary qualifica-tions.
3. Expenditure on the measures referred to in paragraph 2 may not
exceed 30 % of the amount allaocated for the measures referred to inthe first indent of Article 2 (2) of Regulation (EEC) No 1308/70.
Article 15
1. For the purposes of assessing the various tenders submitted by the
interested parties, the Commission shall take into account:
— their quality and cost,
— the extent to which they meet the aims of the various measures
envisaged,
— the level of specialization and of experience of the contractor in the
field covered by the measure envisaged,
— measures already completed or in progress in the field in question.
In addition, the Commission shall take account:
(a) in the case of tenders relating to the measures provided for in the
first indent of Article 2 (2) of Regulation (EEC) No 1308/70, of thecommercial and financial quarantees offered by the tenderer;
(b) in the case of tenders relating to the measures provided for in the
second indent of Article 2 (2) of Regulation (EEC) No 1308/70:
— of the scientific reputation of the party concerned,
— of the possible market for the products concerned,— of the foreseeable period within which results will be obtained.
2. The Commission shall select the tenders. To that end it may
consult bodies or persons specializing in the subject, and in particularthe trade or inter-branch organizations in the industry. The Commissionshall conclude contracts. It inform the Management Committee for Flaxand Hemp at regular intervals of contracts concluded and of theprogress of the measures.
Article 16
Payment of the price agreed in the contract shall be made by the
Commission in instalments in relation to the progress of the work.
A contract performance guarantee may be required.Payment of the balance and, where appropriate, release of the guarantee
by the Commission shall be the subject to its ascertainment that theobligations under the contract have been met.
Article 17
1. Regulation (EEC) No 771/74 is hereby repealed.2. In all Community instruments in which reference is made to
Regulation (EEC) No 771/74 or to Articles of that Regulation, suchreferences shall be construed as references to this Regulation or to thecorresponding Articles thereof.
Article 18
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
It shall apply to fibre flax and hemp produced as from the 1989/90
marketing year.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX A
List of varieties of flax grown mainly for fibre
Ariane
▼M1
Argos
▼B
AstellaBelinkaBerber
▼
M1
Bertelin
Evelin
▼B
FannyHera
▼
M1
Hermes
▼B
LauraLidiaMarinaMiraNandaNastasja
▼
M1
Nike
▼B
NynkeOpalineReginaSaskiaSilvaThalassaViking
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ANNEX B
List of varieties of hemp eligible for aid
Carmagnola
CSDelta-LlosaDelta-405Fedora 19Fedrina 74Felina 34FerimonFibranovaFibrimon 24Fibrimon 56Futura
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ANNEX C
COMMUNITY METHOD FOR THE QUANTITATIVE DETER-
MINATION OF ∆9THC (TETRAHYDROCANNABINOL) IN CERTAIN
VARIETIES OF HEMP
1.Purpose and scope
This method permits quantitative determination of ∆9tetrahydrocannabinol
(∆9THC) in certain varieties of hemp ( Cannabiss ativa L.) for the purpose of
checking that the conditions laid down in Article 3 (1) of Regulation (EEC)No 619/71 are fulfilled.
2.Principle
Quantitative determination of ∆
9THC by gas chromatography (GC) after
extraction with a suitable solvent.
3Apparatus.
— gas chromatography equipment with a flame ionization detector,
— glass column 2,50 m long and 3,2 mm in diameter (1,8") packed with a
suitable support impregnated with a stationary phase phenyl-methyl-silicon (e.g. OV 17 at3 %).
4.Sampling and reduction of sample
SamplingIn a standing crop of a given variety of hemp, take not less than 500 plants,
preferably at different points buts not from the edges of the crop. Samplesshould be taken during the day after flowering has finished.
The pooled samples should be representative of the lot.The plant material is then left to dry at ambient air temperature.
Reduction
Reduce the sample, obtained as described, to 500 stalks; the reduced sample
should be representative of the original sample. Divide the reduced sampleinto two portions.
Send one portion to the laboratory which is to determine the ∆
9THC content.
Keep the other portion for counter-analysis if necessary.
5.Reagents
— petroleum ether (40/65 °C), or a solventof comparable polarit y,
— tetrahydrocannabinol ( ∆9THC), pure for chromatographic purposes,
— solution of 0,1 % (w/v) androstene-3-17-dione in ethanol, pure for chro-
matographic purposes,.
6.Preparation of test sample
For the purposes of ∆9THC determination, retain the upper third of the plants
in the portion of sample received. Stems and seeds must be removed from theplant material retained.Dry the material in an oven, without exceeding 40 °C, to obtain a constant
weight.
7.Extraction
Reduce the material obtained as described in point 6 to a semi-fine powder
(sieve of 1 000 meshes per cm
2).
Take 2,0 g of well-mixed powder and extract with 30-40 ml petroleum ether
(40-65 °C). Leave for 24 hours, then shake in a mechanical shaker for one
hour, and then filter. The extraction process is carried out twice under thesame conditions. Evaporate the petroleum ether solutions to dryness. Dissolvethe residue in 10,0 ml of petroleum ether. The prepared extract is used forquantitative analysis by gas chromatography.
8.Quantitative analysis by gas chromatography
(a)Preparation of assay solutions
The extraction residue dissolved in 10,0 ml of petroleum ether is
subjected to quantitative analysis to determine the ∆
9THC content. This
is performed with the aid of an internal standard and calculation of thepeak areas.
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Evaporate to dryness 1,0 ml of the petroleum ether solution. Dissolve the
residue in 2,0 ml of a solution of 0,1 % androstene-3-17-dione in ethanol(internal standard with a retention time distinctly higher than that of othercannabinoids, and in particular twice that of ∆
9THC).
calibration ranges0,10, 0,25, 0,50, 1,0 and 1,5 mg of ∆
9THC in 1 ml of a solution of 0,1 %
androstene-3-17-dione in ethanol.
(b)Experimental conditions
Oven temperature 240 °C
Injector temperature 280 °C
Detector temperature 270 °C
Nitrogen flow rate: 25 ml/min,Hydrogen flow rate: 25 ml/minAir flow rate: 300 ml/minVolume injected: 1 µl of the final ethanol
solution.
The relative retention time of ∆
9THC is calculated in relation to the
andostene.
9.Expression of the results
The resultis expressed in g of ∆9THC per 100 g of the laboratory sample
dried to constant weight.The result is subject to a tolerance of 0,03 g per 100g.