Commission Regulation (EC) No 873/2005 of 9 June 2005 amending Regulation (EC) No 245/2001 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
Date: 2005-06-09
Institutions: European Commission
Subjects: administrative formalities, common organisation of markets, eligibility criteria, flax, hemp, marketing year, textile fibre

10.6.2005

EN

Official Journal of the European Union

L 146/3

COMMISSION REGULATION (EC) No 873/2005

of 9 June 2005

amending Regulation (EC) No 245/2001 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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), in particular Article 9 thereof,

Whereas:

Article 4 of Commission Regulation (EEC) No 3887/92
of 23 December 1992 laying down detailed rules for
applying the
integrated administration and control
system for certain Community aid schemes (6). Since
the ‘area’ aid applications have been replaced by the
single application as referred to in Chapter I of Title II
of Part II of Commission Regulation (EC) No 796/2004
of 21 April 2004 laying down detailed rules for the
implementation of cross compliance, modulation and
system (7)
the integrated administration and control
provided for in Council Regulation (EC) No 1782/2003
establishing common rules for direct support schemes
under the common agricultural policy and establishing
certain support schemes for farmers,
it is necessary to
amend Article 7 of Regulation (EC) No 245/2001
accordingly.

(1)

(2)

(3)

The marketing year for arable crops, including flax and
hemp grown for fibre, was established in Article 1(2) of
Council Regulation (EC) No 1251/1999 of 17 May 1999
establishing a support system for producers of certain
arable crops (2). Following the repeal of that Regulation
of
by Council Regulation
1782/2003
for
29 September 2003 establishing common rules
direct support schemes under the common agricultural
policy and establishing certain support
for
farmers (3),
is necessary to establish the marketing
year
in the
fibre
Commission Regulation (EC) No 245/2001 (4).

it
flax and hemp grown for

(EC) No

schemes

for

In Article 5(1) of Regulation (EC) No 245/2001 reference
is made to Council Regulation (EEC) No 3508/92 of 27
November 1992 establishing an integrated administration
and
aid
schemes (5). As that Regulation has been repealed and
replaced by Regulation (EC) No 1782/2003,
the
relevant reference should be amended accordingly.

certain Community

system for

control

Article 7 of Regulation (EC) No 245/2001 makes the
payment of the aid for processing flax and hemp straw
into fibre subject in particular to the condition to that
the parcels sown under flax or hemp grown for fibre
have, for the marketing year concerned, been declared
by means of the ‘area’ aid applications as referred to in

(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 160, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(3) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 864/2004 (OJ L 206, 9.6.2004, p. 20).

(4)

(5)

Experience has demonstrated that Article 8(5) of Regu-
lation (EC) No 245/2001, obliging the Commission to
publish the information forwarded by the Member States
concerning the transfers between national guaranteed
quantities for long flax fibre and for short
flax and
hemp fibre in the C series of the Official Journal of the
European Union, entails a considerable administrative
work, without bringing an effective contribution to the
sector, since the operators already obtain this infor-
mation through the Member States themselves. In order
to simplify the rules governing the aid for processing flax
and hemp that provision should be deleted.

the comparison of

the repeal of Regulation (EC) No
As a result of
1251/1999,
information on agri-
cultural parcels under flax or hemp grown for fibre in
to ensure compliance with the conditions for
order
granting the aid for flax fibre or hemp fibre, as referred
to in Article 13 of Regulation (EC) No 245/2001, should
be made with the information determined in accordance
with Regulation (EC) No 1782/2003.

(6) With a view to facilitate procedures, and to the extent
that is technically possible, Member States and importers
should be given the possibility to issue and use licences
through computerised systems for imports of hemp from
third countries provided for in Article 17a of Regulation
(EC) No 245/2001.

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

(6) OJ L 391, 31.12.1992, p. 36. Regulation as last amended by Regu-

(EC) No 1401/2003 (OJ L 199, 7.8.2003, p. 3).

lation (EC) No 2721/2000 (OJ L 314, 14.12.2000, p. 8).

(5) OJ L 355, 5.12.1992, p. 1. Regulation as last amended by Regu-

(7) OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regu-

lation (EC) No 495/2001 (OJ L 72, 14.3.2001, p. 6).

lation (EC) No 436/2005 (OJ L 72, 18.3.2005, p. 4).

L 146/4

EN

Official Journal of the European Union

10.6.2005

(7)

(8)

Regulation (EC) No 245/2001 should therefore be
amended accordingly.

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

referred to in Article 5 covering parcels under flax or
hemp grown for fibre and by the single application as
referred to in Chapter
II of
Commission Regulation (EC) No 796/2004, submitted
the year in which the marketing year
in respect of
begins, and’.

I of Title II of Part

HAS ADOPTED THIS REGULATION:

4. In Article 8, paragraph 5 is deleted.

Regulation (EC) No 245/2001 is amended as follows:

following:

Article 1

5. In Article 13(1)

the second indent

is replaced by the

1. Article 1 is replaced by the following:

‘Article 1

Purpose and marketing year

1.
The detailed rules for the application of the common
organisation of the markets in flax and hemp grown for fibre
established by Regulation (EC) No 1673/2000 shall be as
laid down herein.

2.

The marketing year shall run from 1 July to 30 June.’

2. Article 5(1) (b) is replaced by the following:

‘(b) the primary processor’s

authorisation number,

identification number under

the
farmer’s
the integrated
in
administration and control
Council Regulation (EC) No 1782/2003 and their
names and addresses;’.

system provided for

3. In Article 7(1) the first indent is replaced by the following:

‘— comparing information on agricultural parcels referred
to in sale/purchase contracts, processing commitments
and processing contracts to see whether it tallies with
that determined in accordance with Regulation (EC) No
1782/2003,’.

6. In Article 17a (1), the following subparagraph is inserted

after the second subparagraph:

‘Licences may be issued and used using computerised
systems in accordance with detailed rules laid down by the
competent authorities. The content of those licences must be
identical to that of licences on paper referred to in first and
second subparagraphs. In Member States where such compu-
terised systems are not available, the importer can only use
the paper form of the licence.’.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Union.

‘— comes from straw covered by sale/purchase contracts,
processing commitments or processing contracts as

It shall apply as from the marketing year 2005/2006.

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

Done at Brussels, 9 June 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission