19.3.2008 EN Official Journal of the European Union L 76/1
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 establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The processing aid for short flax fibre and hemp fibre containing not more than 7,5 % impurities and shives applies until the end of 2007/2008 marketing year. Nevertheless, in view of the favourable trends on the market for this kind of fibre under the current aid scheme and in order to contribute to consolidating innovative products and their market outlets, application of this aid should be extended until the end of the 2008/2009 marketing year.
(2) 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 Regulation (EC) No 1673/2000 has been replaced by Council Regulation (EC) No 1234/2007 as of the marketing year 2008/2009.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 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) No 1673/2000 until the end of the 2007/2008 marketing year.
(3) In order to promote the production of high-quality short flax and hemp fibres, the aid is granted to 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.
(4) 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.
(5) 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 transitional aid until the end of 2008/2009 marketing year.
(6) Regulation (EC) No 1234/2007 should therefore be amended accordingly,
Regulation (EC) No 1234/2007 is hereby amended as follows:
1. the title of Subsection II of Section I of Chapter IV of Title I of Part II shall be replaced by the following:
2. Article 91 shall be amended as follows:
(a) the first subparagraph of paragraph 1 shall be replaced by the following subparagraphs:
(b) paragraph 2 shall be replaced by the following:
3. Article 92(1) shall be replaced by the following:
(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;
(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.
(a) for short flax fibre containing a percentage of impurities and shives of between 7,5 % and 15 %;
(b) for hemp fibre containing a percentage of impurities and shives of between 7,5 % and 25 %.
4. Article 94 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
(b) the following paragraph shall be inserted after paragraph 1:
(c) the following paragraph shall be added:
5. the following Article shall be inserted after Article 94:
(a) a sale/purchase contract or a commitment as referred to in Article 91(1); and
(b) aid for processing into long fibre.
6. Annex XI shall be amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from 1 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.