Council Regulation (EC) No 247/2008 of 17 March 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
Date: 2008-03-17
Institutions: Council of the European Union
Subjects: EU Member State, agro-industry, common organisation of markets, flax, hemp, production aid, textile fibre

19.3.2008

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 247/2008

of 17 March 2008

amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agricultural products (Single CMO Regulation)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1)

(2)

The processing aid for short flax fibre and hemp fibre
containing not more than 7,5 % impurities and shives
the end of 2007/2008 marketing year.
applies until
in view of the favourable trends on the
Nevertheless,
market
fibre under the current aid
scheme and in order to contribute to consolidating inno-
vative products and their market outlets, application of
the
this aid should be extended until
2008/2009 marketing year.

for this kind of

the end 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) provided for an increase in the
level of processing aid for long flax fibre from the
2008/2009 marketing year onwards. Regulation (EC)
No 1673/2000 has been replaced by Council Regulation
(EC) No 1234/2007 as of
year
2008/2009. The provisions of Regulation (EC) No
1234/2007 were drafted in view of the provisions of
Regulation (EC) No 1673/2000 as they would have
applied as of that marketing year, therefore fixing the
aid at the level foreseen. Since the processing aid for

the marketing

short fibres is maintained till the end of the 2008/2009
marketing year, the processing aid for long flax fibre for
that additional marketing year should be maintained at
the level that has so far been foreseen in Regulation (EC)
the 2007/2008
No 1673/2000 until
marketing year.

end of

the

(3)

(4)

(5)

In order to promote the production of high-quality short
the aid is granted to fibres
flax and hemp fibres,
containing a maximum of 7,5 % of
impurities and
shives. However, the Member States may derogate from
this limit and grant processing aid for short flax fibre
containing a percentage of
impurities and shives of
between 7,5 % and 15 % and for hemp fibre containing
a percentage of impurities and shives of between 7,5 %
and 25 %. Since this possibility is open only till the end
of the 2007/2008 marketing year, it is necessary to give
the Member States the possibility to derogate from that
limit for one more marketing year.

As new market outlets have developed it is required to
guarantee a minimum level of raw material supply. So in
order to continue to ensure reasonable production levels
in each Member State, it is necessary to extend the period
in which the national guaranteed quantities apply.

Additional aid has been supporting the continuation of
traditional production of flax in certain regions of the
Netherlands, Belgium and France. In order to continue
enabling gradual adaptation of farm structures to the new
market conditions, it is necessary to extend this transi-
tional aid until the end of 2008/2009 marketing year.

(1) OJ L 193, 29.7.2000, p. 16. Regulation as repealed by Regulation

(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

(6)

Regulation (EC) No 1234/2007 should therefore be
amended accordingly,

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

Article 1

However, the Member State may, with reference to tradi-
tional outlets, also decide to grant aid:

Regulation (EC) No 1234/2007 is hereby amended as follows:

(a)

for short flax fibre containing a percentage of impurities
and shives of between 7,5 % and 15 %;

1. the title of Subsection II of Section I of Chapter IV of Title I

of Part II shall be replaced by the following:

‘ S u b s e c t i o n I I

F l a x a n d h e m p g r o w n f o r f i b r e ’ ;

2. Article 91 shall be amended as follows:

(b) for hemp fibre containing a percentage of impurities and

shives of between 7,5 % and 25 %.

In the cases provided for in the second subparagraph, the
Member State shall grant the aid in respect of a quantity
which amounts to not more than the quantity produced,
on the basis of 7,5 % of impurities and shives.’;

(a)

the first subparagraph of paragraph 1 shall be replaced
by the following subparagraphs:

4. Article 94 shall be amended as follows:

‘1.
Aid for processing the straw of long flax grown for
fibre shall be granted to authorised primary processors
on the basis of the quantity of fibre actually obtained
from straw for which a contract of sale has been
concluded with a farmer.

During the marketing year 2008/2009 aid shall also be
granted under the same conditions for processing the
straw of short flax and hemp grown for fibre.’;

(a) paragraph 1 shall be replaced by the following:

‘1.
A maximum guaranteed quantity of 80 878
tonnes per marketing year shall be established for long
flax fibre in respect of which aid may be granted. That
quantity shall be apportioned among certain Member
States as national guaranteed quantities in accordance
with point A.I. of Annex XI.’;

(b) paragraph 2 shall be replaced by the following:

(b) the

following

paragraph

shall

be

inserted

after

paragraph 1:

For the purposes of this Subsection, “authorised
‘2.
primary processor”
legal
shall mean a natural or
irre-
person or a group of natural or legal persons,
law, or that
spective of its legal status under national
that has been authorised by the
of
competent
in the
the Member State
territory of which are located its facilities for producing
flax or hemp fibre.’;

its members,

authority of

‘1a.
A maximum guaranteed quantity of 147 265
tonnes for the marketing year 2008/2009 shall be estab-
lished for short flax fibre and hemp fibre in respect of
which aid may be granted. That quantity shall be appor-
tioned as national guaranteed quantities among certain
Member States in accordance with point A.II. of Annex
XI.’;

3. Article 92(1) shall be replaced by the following:

(c)

the following paragraph shall be added:

The

‘1.
Article 91 shall be fixed:

amount of processing aid provided for

in

(a)

for long flax fibre:

— at EUR 160 per tonne for the 2008/2009 marketing

year,

— at EUR 200 per

tonne

from the 2009/2010

marketing year onwards;

‘3.
its
Each Member State may transfer part of
in
to
quantity
national
paragraph 1 to its national guaranteed quantity as
referred to in paragraph 1a and vice versa.

guaranteed

referred

as

Transfers as referred to in the first subparagraph shall be
carried out on the basis of an equivalence of one tonne
of long flax fibre to 2,2 tonnes of short flax fibre and
hemp fibre.

(b) during the marketing year 2008/2009, for short flax and
hemp fibre containing not more than 7,5 % impurities
and shives, at EUR 90 per tonne.

Processing aid shall be granted only in respect of the
quantities referred to in paragraphs 1 and 1a, respec-
tively, adjusted in accordance with the first two subpa-
ragraphs of this paragraph.’;

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5. the following Article shall be inserted after Article 94:

The amount of additional aid shall be EUR 120 per hectare
in zone I and EUR 50 per hectare in zone II.’;

‘Article 94a

Additional aid

During the 2008/2009 marketing year, additional aid shall
be granted to the authorised primary processor in respect of
areas under flax in zones I and II as described in point A.III.
of Annex XI and the straw production of which has been the
subject of:

(a) a sale/purchase contract or a commitment as referred to

in Article 91(1); and

6. Annex XI shall be amended in accordance with the Annex to

this Regulation.

Article 2

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

(b) aid for processing into long fibre.

It shall apply from 1 July 2008.

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

Done at Brussels, 17 March 2008.

For the Council
The President

I. JARC

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Point A of Annex XI shall be replaced by the following:

ANNEX

‘A.I. Apportionment of the maximum guaranteed quantity for long flax fibre among the Member States referred to in

Article 94(1):

Belgium

Bulgaria

Czech Republic

Germany

Estonia

Spain

France

Latvia

Lithuania

Netherlands

Austria

Poland

Portugal

Romania

Slovakia

Finland

Sweden

United Kingdom

13 800

13

1 923

300

30

50

55 800

360

2 263

4 800

150

924

50

42

73

200

50

50

A.II. Apportionment of the maximum guaranteed quantity for the marketing year 2008/2009 for short flax and hemp

fibre among the Member States referred to in Article 94(1a)

The quantity referred to in Article 94(1a) shall be apportioned in the form of:

(a) national guaranteed quantities for the following Member States:

Belgium

Bulgaria

Czech Republic

Germany

Estonia

Spain

France

Latvia

Lithuania

Hungary (*)

Netherlands

Austria

Poland

Portugal

Romania

10 350

48

2 866

12 800

42

20 000

61 350

1 313

3 463

2 061

5 550

2 500

462

1 750

921

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Slovakia

Finland

Sweden

United Kingdom

189

2 250

2 250

12 100

(*) The national guaranteed quantity fixed for Hungary concerns hemp fibre only.

(b) 5 000 tonnes to be apportioned in national guaranteed quantities for the marketing year 2008/2009 among
Denmark, Ireland, Greece, Italy and Luxembourg. Such apportionment shall be determined on the basis of the
areas which were the subject of one of the contracts or commitments as referred to in Article 91(1).

A.III. Zones eligible for the aid referred to in Article 94a

Zone I

1. The territory of the Netherlands;

2.

the following Belgian communes: Assenede, Beveren-Waas, Blankenberge, Bredene, Brugge, Damme, De Haan,
De Panne, Diksmuide (except Vladslo and Woumen), Gistel,
Jabbeke, Knokke-Heist, Koksijde, Lo-Reninge,
Middelkerke, Nieuwpoort, Oostende, Oudenburg, Sint-Gillis-Waas (Meerdonk only), Sint-Laureins, Veurne
and Zuienkerke.

Zone II

1. Areas of Belgium other than those included in Zone I;

2.

the following areas of France:

— the department of Nord,

— the districts of Béthune, Lens, Calais, Saint-Omer and the canton of Marquise in the department of

Pas-de-Calais,

— the districts of Saint-Quentin and Vervins in the department of Aisne,

— the district of Charleville-Mézières in the department of Ardennes.’.