Commission Regulation (EC) No 752/2004 of 22 April 2004 on transitional measures in the sector of flax and hemp grown for fibre in the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia
Date: 2004-04-22
Institutions: European Commission
Subjects: flax, hemp, textile fibre, trade policy

23.4.2004

EN

Official Journal of the European Union

L 118/21

COMMISSION REGULATION (EC) No 752/2004

of 22 April 2004

on transitional measures in the sector of flax and hemp grown for fibre in the Czech Republic,
Estonia, Latvia, Lithuania, Hungary, Poland and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

the Czech
Having regard to the Treaty of Accession of
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular
the second sub-
paragraph of Article 41 thereof,

2004/2005 marketing year. Provision should also be
made for checks to be carried out by the inspection
bodies and for the introduction of a penalty system.

(5)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Natural Fibres,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

Transitional measures should be laid down to ensure
correct application of Council Regulation (EC) No 1673/
2000 of 27 July 2000 on the common organisation of
the markets in flax and hemp grown for fibre (1) to
in the Czech Republic, Estonia, Latvia,
processors
Lithuania, Hungary, Poland and Slovakia (hereinafter
referred to as the new producer Member States).

Under Article 7(1) of Commission Regulation (EC) No
245/2001 of 5 February 2001 laying down detailed
rules for the application of Council Regulation (EC) No
1673/2000 on the common organisation of the markets
in flax and hemp grown for fibre (2), aid for processing
flax and hemp straw is payable on flax and hemp fibre
only where it comes from straw covered by sale/
purchase contracts, processing commitments or proces-
sing contracts for which an ‘area’ aid application was
submitted in respect of the marketing year concerned.

As a result, for the new producer Member States, flax
and hemp fibre obtained from straw produced before
the 2004/2005 marketing year is not eligible for aid.

Appropriate monitoring arrangements must therefore be
introduced to ensure that
this condition is complied
in the new producer Member States,
with. Therefore,
provision should be made for authorised primary
processors and primary processors to whom the compe-
tent authority has not yet granted authorisation in
response to their application to inform the national
inspection bodies of the quantities of flax and hemp
straw and fibre held by them at the beginning of the

In the Czech Republic, Estonia, Latvia, Lithuania,
1.
Hungary, Poland and Slovakia (hereinafter referred to as the
new producer Member States) authorised primary processors
within the meaning of Article 1(2)(b) of Regulation (EC) No
1673/2000 and primary processors who have submitted an
application for authorisation for which the competent authority
has not yet granted authorisation shall inform the competent
authority by 31 July 2004 of the stocks of flax straw, hemp
straw, long flax fibre, short flax fibre and hemp fibre held by
them on 30 June 2004.

2.
The competent authorities of the new producer Member
States shall verify the accuracy of the information referred to in
paragraph 1 on the spot at at least 50 % of the primary proces-
sors referred to in paragraph 1.

3.
The new producer Member States shall determine the
penalties to be applied where the information is not provided,
is provided late,
is incomplete or is incorrect. The penalties
shall be effective, proportionate and dissuasive.

The new producer Member States shall provide the
4.
Commission by 31 January 2005 with a summary of the quan-
tities of the products referred to in paragraph 1 in stock on 30
June 2004, where applicable adjusted as a result of the checks
provided for in paragraph 2, and a summary of the penalties
applied under paragraph 3.

Article 2

(1) OJ L 193, 29.7.2000, p. 16. Regulation as last amended by Regu-

lation (EC) No 393/2004 (OJ L 65, 3.3.2004, p. 4).

(2) OJ L 35, 6.2.2001, p. 18. Regulation as last amended by Regulation

(EC) No 1401/2003 (OJ L 1999, 7.8.2003, p. 3).

This Regulation shall enter into force subject to and on the
date of the entry into force of the Treaty of Accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia.

L 118/22

EN

Official Journal of the European Union

23.4.2004

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission