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REGULATION ( EEC ) NO 771/74 OF THE COMMISSION

OF 29 MARCH 1974

LAYING DOWN DETAILED RULES FOR GRANTING AID FOR FLAX AND HEMP

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1308/70 ( 1 ) OF 29 JUNE 1970 ON THE COMMON ORGANIZATION OF THE MARKET IN FLAX AND HEMP , AS AMENDED BY THE ACT ( 2 ) CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 4 ( 5 ) THEREOF ;

WHEREAS COUNCIL REGULATION ( EEC ) NO 619/71 ( 3 ) OF 22 MARCH 1971 , AS AMENDED BY REGULATION ( EEC ) NO 2878/73 ( 4 ) , LAID DOWN GENERAL RULES FOR GRANTING AID FOR FLAX AND HEMP ; WHEREAS THE COMMISSION IS RESPONSIBLE FOR ADOPTING DETAILED RULES OF APPLICATION IN THIS MATTER ;

WHEREAS IF THE SYSTEM OF AID IS TO OPERATE PROPERLY IT IS ESSENTIAL TO BE ABLE TO DISTINGUISH FLAX GROWN MAINLY FOR FIBRE FROM THAT GROWN MAINLY FOR SEED ; WHEREAS THIS OBJECT MAY BE ACHIEVED BY SPECIFYING THE SEEDS FROM WHICH THESE TWO TYPES OF FLAX MAY BE GROWN ;

WHEREAS , IN ORDER TO PREVENT FRAUD , CERTAIN RULES FOR THE GRANTING OF AID SHOULD BE LAID DOWN IN DETAIL ;

WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 619/71 REQUIRES MEMBER STATES TO MAKE PROVISION FOR ADMINISTRATIVE SUPERVISION DESIGNED TO ENSURE THAT THE PRODUCTS FOR WHICH AID HAS BEEN REQUESTED QUALIFY FOR SUCH AID ; WHEREAS , CONSEQUENTLY , THE DECLARATIONS OF AREAS SOWN AND APPLICATIONS FOR AID TO BE SUBMITTED BY GROWERS MUST CONTAIN THE MINIMUM PARTICULARS NECESSARY FOR THE PURPOSES OF SUCH SUPERVISION ; WHEREAS , IN ORDER TO SIMPLIFY THE OPERATION OF THE SYSTEM OF AID , IT SHOULD BE PROVIDED THAT WHERE THE APPLICANT IS A GROWER WHO HAS CONCLUDED A CULTIVATION CONTRACT FOR FIBRE FLAX HIS APPLICATION FOR AID SHOULD 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 MENTIONED ABOVE ; WHEREAS IN ORDER TO BE EFFECTIVE SUCH CHECKS MUST BE MADE ON A SUFFICIENTLY REPRESENTATIVE NUMBER OF DECLARATIONS AND APPLICATIONS ;

WHEREAS , HAVING REGARD TO THE EXISTING ARRANGEMENTS IN MEMBER STATES , THE SAID STATES SHOULD BE REQUIRED WHEN GRANTING AID FOR FIBRE FLAX IN CASES WHERE NO CULTIVATION CONTRACT HAS BEEN CONCLUDED TO APPLY A SYSTEM EITHER OF PRODUCTION CERTIFICATES OR OF REGISTERED CONTRACTS ; WHEREAS IF SUCH A SYSTEM IS TO OPERATE EFFECTIVELY THE MINIMUM ACCOUNT OF INFORMATION WHICH MUST APPEAR IN SUCH CERTIFICATES SHOULD BE SPECIFIED ;

WHEREAS UNIFORM PROVISION SHOULD BE MADE FOR THE PAYMENT OF AID ;

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

WITH EFFECT FROM THE 1974/75 MARKETING YEAR , THE GRANTING OF AID PURSUANT TO ARTICLE 4 OF REGULATION ( EEC ) NO 1308/70 FOR FLAX AND HEMP GROWN IN THE COMMUNITY SHALL BE EFFECTED IN ACCORDANCE WITH THE RULES LAID DOWN IN THE FOLLOWING ARTICLES .

ARTICLE 2

FOR THE PURPOSES OF ARTICLE 3 OF REGULATION ( EEC ) NO 619/71 :

( A ) " FLAX GROWN MAINLY FOR FIBRE " MEANS FLAX GROWN FROM THE VARIETIES OF SEED SPECIFIED IN THE ANNEX HERETO ;

( B ) " FLAX GROWN MAINLY FOR SEED " MEANS FLAX GROWN FROM VARIETIES OF SEED OTHER THAN THOSE SPECIFIED IN THE SAID ANNEX .

ARTICLE 3

AID MAY 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 ) IN RESPECT OF WHICH HAVE A DECLARATION OF AREAS SOWN HAS BEEN MADE IN ACCORDANCE WITH ARTICLE 4 .

ARTICLE 4

1 . EVERY GROWER OF FLAX OR HEMP SHALL , ON A DATE FIXED BY THE MEMBER STATE CONCERNED AND IN ANY EVENT NOT LATER THAN 15 JUNE IN EACH YEAR , SUBMIT A DECLARATION OF THE AREAS SOWN BY HIM .

2 . SUCH DECLARATION SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :

- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE PERSON MAKING THE DECLARATION ;

- THE SPECIES , AND FOR FLAX THE VARIETY , SOWN , OR FAILING THAT , SOME INDICATION OF THE MAIN PURPOSE FOR WHICH IT IS SOWN ;

- THE AREA SOWN , IN HECTARES AND ARES ;

- THE CADASTRAL REGISTER NUMBER OF THE AREAS SOWN , OR A REFERENCE RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREA .

ARTICLE 5

1 . APPLICATIONS FOR AID SHALL BE SUBMITTED BY GROWERS OF FLAX OR HEMP AFTER HARVESTING , AND IN ANY EVENT , NOT LATER THAN 31 OCTOBER IN EACH YEAR .

2 . EVERY APPLICATION FOR AID SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :

- THE SURNAME , FORENAME(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 RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREAS ;

- DETAILS OF THE PLACE WHERE THE PRODUCE CONCERNED IS STORED , OR IF IT HAS BEEN SOLD AND DELIVERED , THE SURNAME , FORENAME(S ) AND ADDRESS OF THE PURCHASER .

3 . WHERE THE APPLICANT IS A GROWER AS DEFINED IN ARTICLE 3A ( B ) OF REGULATION ( EEC ) NO 619/71 THE APPLICATION FOR AID SHALL BE ACCOMPANIED BY A COPY OF THE CULTIVATION CONTRACT REFERRED TO IN THAT ARTICLE , EXCEPT WHERE SUCH CONTRACT HAS BEEN REGISTERED WITH THE COMPETENT AUTHORITY .

ARTICLE 6

THE CHECKS PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 619/71 SHALL BE CARRIED OUT ON A PERCENTAGE OF DECLARATIONS AND APPLICATIONS THAT IS REPRESENTATIVE HAVING REGARD TO THE GEOGRAPHICAL DISTRIBUTION OF THE AREAS CONCERNED .

ARTICLE 7

FOR THE PURPOSE OF GRANTING AID FOR FLAX AS DEFINED IN ARTICLE 2 ( A ) IN CASES WHERE THE APPLICANT IS NOT A GROWER AS DEFINED IN ARTICLE 3A ( B ) OF REGULATION ( EEC ) NO 619/71 , THE MEMBER STATE CONCERNED SHALL APPLY A SYSTEM OF PRODUCTION CERTIFICATES OR OF REGISTERED CONTRACTS .

ARTICLE 8

1 . WHEN A MEMBER STATE APPLIES A SYSTEM OF PRODUCTION CERTIFICATES AS PROVIDED FOR IN ARTICLE 7 , FOR EACH HECTARE OR PART OF A HECTARE IN RESPECT OF WHICH ENTITLEMENT TO AID HAS BEEN RECOGNIZED , A CERTIFICATE REPRESENTING 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 GROWER HAS HIMSELF PROCESSED THE FLAX INTO STRAW OR HAD IT SO PROCESSED ON HIS BEHALF , THE CERTIFICATE SHALL BE RETAINED BY THE SAID GROWER ;

( B ) SUCH A CONTRACT HAS BEEN CONCLUDED , THE CERTIFICATE SHALL BE TRANSFERRED TO THE PURCHASER .

ON PRESENTATION OF A PROPERLY COMPLETED CERTIFICATE HALF OF THE AID SHALL BE PAID TO THE PERSON CONCERNED . THIS CERTIFICATE MUST BE SUBMITTED AT LATEST ON 31 DECEMBER FOLLOWING THE END OF THE MARKETING YEAR CONCERNED .

3 . CERTIFICATES SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :

- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE GROWER ;

- THE AREA CONCERNED ;

- THE AMOUNT OF AID TO BE PAID ;

- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE RECIPIENT OF THE AID ;

- THE SIGNATURES OF THE GROWER AND OF THE RECIPIENT OF THE AID ;

- WHERE THE CERTIFICATE IS SUBMITTED BY THE GROWER , EVIDENCE THAT HE SATISFIES EITHER THE CONDITION LAID DOWN IN SUBPARAGRAPH ( A ) OF ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 619/71 OR THAT LAID DOWN IN SUBPARAGRAPH ( B ) OF THAT ARTICLE .

ARTICLE 9

WHEN A MEMBER STATE APPLIES A SYSTEM OF REGISTERED CONTRACTS AS PROVIDED FOR IN ARTICLE 7 , 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 MARKETING YEAR , HALF OF THE AID SHALL BE PAID TO THE PURCHASER ;

( B ) WHERE NO SUCH CONTRACT HAS BEEN CONCLUDED BY THAT DATE , OR WHERE IT IS PROVED THAT THE GROWER HIMSELF PROCESSES THE FLAX INTO STRAW OR HAS IT SO PROCESSED ON HIS BEHALF , THE WHOLE OF THE AID SHALL BE PAID TO THE GROWER .

ARTICLE 10

MEMBER STATES SHALL PAY AID FOR FLAX AND HEMP BY 1 MARCH FOLLOWING THE END OF THE MARKETING YEAR CONCERNED .

ARTICLE 11

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 29 MARCH 1974 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI

( 1 ) OJ NO L 146 , 4 . 7 . 1970 , P . 1 .

( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ NO L 72 , 26 . 3 . 1971 , P . 2 .

( 4 ) OJ NO L 297 , 25 . 10 . 1973 , P . 1 .

ANNEX

LIST OF VARIETIES OF FLAX GROWN MAINLY FOR FIBRE

AZUR

CRISTA

EMERAUDE

FIBRA

HERA

HILDA

JADE

LINDA

NATASJA

NYNKE

PRIMO

REINA

TISSANDRE

WIERA