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

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 establishing the European Community,
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:
(1) 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 by Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (3), it is necessary to establish the marketing year for flax and hemp grown for fibre in the Commission Regulation (EC) No 245/2001 (4).
(2) 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 control system for certain Community aid schemes (5). As that Regulation has been repealed and replaced by Regulation (EC) No 1782/2003, the relevant reference should be amended accordingly.
(3) 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 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 Since the ‘area’ aid applications have been replaced by the single application as referred to in Chapter I of Title II of Part II of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules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 the integrated administration and control system (7) 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.
(4) Experience has demonstrated that Article 8(5) of Regulation (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 information through the Member States themselves. In order to simplify the rules governing the aid for processing flax and hemp that provision should be deleted.
(5) As a result of the repeal of Regulation (EC) No 1251/1999, the comparison of information on agricultural parcels under flax or hemp grown for fibre in order to ensure compliance with the conditions for 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.
(7) Regulation (EC) No 245/2001 should therefore be amended accordingly.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Natural Fibres,