CELEX: 31971R1195
Language: en
Date: 1971-06-08 00:00:00
Title: Regulation (EEC) No 1195/71 of the Commission of 8 June 1971 laying down detailed rules on aid for flax and hemp

358                                   Official Journal of the European Communities
9.6.71                                Official Journal of the European Communities                           No L 125 /9
                            REGULATION (EEC) No 1195/71 OF THE COMMISSION
                                                      of 8 June 1971
                                   laying down detailed rules on aid for flax and hemp
THE    COMMISSION         OF   THE    EUROPEAN       COM­        Whereas, to simplify the application of the aid system
MUNITIES,                                                        where the first . purchaser receives part of the aid,
                                                                 provision should be made that the payment of aid to
Having regard to the Treaty              establishing  the       that purchaser should be subject to presentation of a
European Economic Community;                                     production certificate; whereas to ensure the proper
                                                                 application of this arrangement, the information to
Having regard to Council Regulation (EEC) No                     be given in this certificate should be specified ;
1308/701 of 29 June 1970 on the common
organisation of the market in flax and hemp, and in              Whereas, however, in view of the date of entry into
particular Article 4 (5 ) thereof;                               force of the provisions of this Regulation, application
                                                                 of the production certificates arrangement may meet
Whereas Council Regulation (EEC) No 619/712 of 22                with difficulties in Member States which have
March 1971 laid down general rules for granting aid              adopted a system of registered contracts ; whereas,
for flax and hemp ; whereas it is for the Commission             consequently, those Member States should be
to lay down the relevant detailed rules ;                        authorised to maintain that system for the granting of
                                                                 aid to the first purchaser;
Whereas, to ensure the proper working of the aid
system, it is necessary to distinguish flax grown                Whereas the validity of this Regulation should be
mainly for fibre from that grown mainly for seed;                restricted to the period necessary to assess its
whereas this aim can be achieved by indicating the               effectiveness ;
seeds from which these two types of flax may be
produced;                                                        Whereas the Management Committee for Flax and
                                                                 Hemp has not delivered an Opinion within the time
Whereas, to prevent fraud, certain conditions for                limit set by its Chairman ;
granting aid need to be specified;
Whereas Article 4 of Regulation (EEC) No 619/71                  HAS ADOPTED THIS REGULATION :
required Member States to ensure by administrative
supervision that the product for which aid is                                            Article 1
requested qualifies for that aid; whereas,
consequently, the declarations of areas sown and
                                                                 For the 1971 /72 marketing year, the aid referred to in
applications for aid to be submitted by the producers            Article 4 of Regulation (EEC) No 1308/70 shall be
should contain the minimum information necessary
                                                                 granted for flax and hemp produced in the
for such administrative supervision;
                                                                 Community under the conditions defined in the
                                                                 following Articles.
Whereas Article 5 of Regulation (EEC) No 619/71
provides for administrative supervision of the
above-mentioned declarations and applications for                                        Article 2
aid by means of spot checks ; whereas, to be effective,
such administrative supervision should cover a
sufficiently representative number of declarations and           For the purposes of Article 3 of Council Regulation
applications ;                                                   (EEC) No 619/71 :
                                                                 (a) 'flax grown mainly for fibre' means : flax
1 OJ No L 146, 4.7.1970, p . 1 .                                      produced from seeds of the varieties listed in the
2 OJ No L 72, 26.3.1971 , p . 2.                                      Annex;
 ---pagebreak---                                     Official Journal of the European Communities                                   359
(b) 'flax grown mainly for' means : flax produced              — the place of storage of the product harvested or, if
     from seeds of varieties other than those lited in             sold and delivered, the name and address of the
     the Annex.                                                    first purchaser.
                                                                                       Article 6
                        Article 3
                                                               The administrative supervision provided for in Article
1 . Aid shall be granted to the producer of flax or            5 of Regulation (EEC) No 619/71 shall cover a
hemp on application, which application must be                 representative     number      of  declarations     and
made by him after the harvest and by 31 October                applications, taking into account the dimensions and
1971 at the latest.                                            the geographical distribution of the areas in question.
2.    Aid shall be granted only for areas :                                            Article 7
(a) which have been fully sown and harvested and
     on which normal cultivation work has been                 1 . For the flax defined in Article 2 (a), half the
     carried out;                                              amount of aid relating to the area for which the right
                                                               to aid had been recognised shall be paid to the
(b) in respect of which a declaration of areas sown            producer concerned.
     has been made in accordance with the provisions
     of Article 4.
                                                               2. As regards the other half, the Member State
                                                               shall provide the producer with a production
                        Article 4                              certificate for each hectare or part thereof for which
                                                               the right to aid has been recognised.
1 . Every producer of flax or hemp shall submit a
declaration of areas sown on the date fixed by the             The production certificate shall contain :
Member State concerned, and by 15 July 1971 at the             — the name and address of the producer;
latest.
                                                               — the area in question;
2.     The declaration shall include :                         — the amount of aid to be paid;
— the name and address of the person making the                — the name and address of the first purchaser;
    declaration;                                               — the signature of the producer.
— the botanical species and, for flax, the variety
    sown or, failing this, its main use;                       3 . The aid shall be paid to the first purchaser on
                                                               presentation of the duly completed certificate.
— the area sown in hectares and ares ;
                                                                                       Article 8
— the land-register number, or equivalent indication,
    of the areas sown.
                                                               By way of derogation from Article 7 (2) and (3 ), a
                                                               Member State in which a system of registered
                        Article 5                              contracts between producers and first purchasers is
                                                               provided for shall be authorised to pay aid to first
The application for aid to be made by the producer             purchaser on presentation of the registered contract.
shall include :
                                                                                       Article 9
— the name and address of the applicant;
— a declaration of areas harvested, in hectares and            This Regulation shall enter into force on the day
    ares, and the land-register number, or equivalent          following that of its publication in the Official
    indication, of such areas ;                                Journal of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 8 June 1971 .
                                                                                   For the Commission
                                                                                      The President
                                                                                  Franco M. MALFATTI
 ---pagebreak--- 360     Official Journal of the European Communities
                               ANNEX •
    List of varieties of flax grown mainly for fibre production
    — Azur                                            — Jade
    — Crista                                          — Linda
    — Emeraude                                        — Primo
    — Fibra                                           — Reina
    — Hera                                            — Tissandre
    — Hilda                                           — Wiera