Regulation (EEC) No 771/74 of the Commission of 29 March 1974 laying down detailed rules for granting aid for flax and hemp
Avis juridique important
Regulation (EEC) No 771/74 of the Commission of 29 March 1974 laying down detailed rules for granting aid for flax and hemp Official Journal L 092 , 03/04/1974 P. 0013 - 0015 Greek special edition: Chapter 03 Volume 10 P. 0160 Spanish special edition: Chapter 03 Volume 7 P. 0172 Portuguese special edition Chapter 03 Volume 7 P. 0172
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REGULATION ( EEC ) NO 771/74 OF THE COMMISSION
OF 29 MARCH 1974
LAYING DOWN DETAILED RULES FOR GRANTING AID FOR FLAX AND HEMP
THE COMMISSION OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1308/70 ( 1 ) OF 29 JUNE 1970 ON THE COMMON ORGANIZATION OF THE MARKET IN FLAX AND HEMP , AS AMENDED BY THE ACT ( 2 ) CONCERNING THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATIES , AND IN PARTICULAR ARTICLE 4 ( 5 ) THEREOF ;
WHEREAS COUNCIL REGULATION ( EEC ) NO 619/71 ( 3 ) OF 22 MARCH 1971 , AS AMENDED BY REGULATION ( EEC ) NO 2878/73 ( 4 ) , LAID DOWN GENERAL RULES FOR GRANTING AID FOR FLAX AND HEMP ; WHEREAS THE COMMISSION IS RESPONSIBLE FOR ADOPTING DETAILED RULES OF APPLICATION IN THIS MATTER ;
WHEREAS IF THE SYSTEM OF AID IS TO OPERATE PROPERLY IT IS ESSENTIAL TO BE ABLE TO DISTINGUISH FLAX GROWN MAINLY FOR FIBRE FROM THAT GROWN MAINLY FOR SEED ; WHEREAS THIS OBJECT MAY BE ACHIEVED BY SPECIFYING THE SEEDS FROM WHICH THESE TWO TYPES OF FLAX MAY BE GROWN ;
WHEREAS , IN ORDER TO PREVENT FRAUD , CERTAIN RULES FOR THE GRANTING OF AID SHOULD BE LAID DOWN IN DETAIL ;
WHEREAS ARTICLE 4 OF REGULATION ( EEC ) NO 619/71 REQUIRES MEMBER STATES TO MAKE PROVISION FOR ADMINISTRATIVE SUPERVISION DESIGNED TO ENSURE THAT THE PRODUCTS FOR WHICH AID HAS BEEN REQUESTED QUALIFY FOR SUCH AID ; WHEREAS , CONSEQUENTLY , THE DECLARATIONS OF AREAS SOWN AND APPLICATIONS FOR AID TO BE SUBMITTED BY GROWERS MUST CONTAIN THE MINIMUM PARTICULARS NECESSARY FOR THE PURPOSES OF SUCH SUPERVISION ; WHEREAS , IN ORDER TO SIMPLIFY THE OPERATION OF THE SYSTEM OF AID , IT SHOULD BE PROVIDED THAT WHERE THE APPLICANT IS A GROWER WHO HAS CONCLUDED A CULTIVATION CONTRACT FOR FIBRE FLAX HIS APPLICATION FOR AID SHOULD BE ACCOMPANIED BY A COPY OF THAT CONTRACT ;
WHEREAS ARTICLE 5 OF REGULATION ( EEC ) NO 619/71 PROVIDES FOR SPOT CHECKS OF THE DECLARATIONS AND AID APPLICATIONS MENTIONED ABOVE ; WHEREAS IN ORDER TO BE EFFECTIVE SUCH CHECKS MUST BE MADE ON A SUFFICIENTLY REPRESENTATIVE NUMBER OF DECLARATIONS AND APPLICATIONS ;
WHEREAS , HAVING REGARD TO THE EXISTING ARRANGEMENTS IN MEMBER STATES , THE SAID STATES SHOULD BE REQUIRED WHEN GRANTING AID FOR FIBRE FLAX IN CASES WHERE NO CULTIVATION CONTRACT HAS BEEN CONCLUDED TO APPLY A SYSTEM EITHER OF PRODUCTION CERTIFICATES OR OF REGISTERED CONTRACTS ; WHEREAS IF SUCH A SYSTEM IS TO OPERATE EFFECTIVELY THE MINIMUM ACCOUNT OF INFORMATION WHICH MUST APPEAR IN SUCH CERTIFICATES SHOULD BE SPECIFIED ;
WHEREAS UNIFORM PROVISION SHOULD BE MADE FOR THE PAYMENT OF AID ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR FLAX AND HEMP ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
WITH EFFECT FROM THE 1974/75 MARKETING YEAR , THE GRANTING OF AID PURSUANT TO ARTICLE 4 OF REGULATION ( EEC ) NO 1308/70 FOR FLAX AND HEMP GROWN IN THE COMMUNITY SHALL BE EFFECTED IN ACCORDANCE WITH THE RULES LAID DOWN IN THE FOLLOWING ARTICLES .
ARTICLE 2
FOR THE PURPOSES OF ARTICLE 3 OF REGULATION ( EEC ) NO 619/71 :
( A ) " FLAX GROWN MAINLY FOR FIBRE " MEANS FLAX GROWN FROM THE VARIETIES OF SEED SPECIFIED IN THE ANNEX HERETO ;
( B ) " FLAX GROWN MAINLY FOR SEED " MEANS FLAX GROWN FROM VARIETIES OF SEED OTHER THAN THOSE SPECIFIED IN THE SAID ANNEX .
ARTICLE 3
AID MAY BE GRANTED ONLY IN RESPECT OF AREAS :
( A ) WHICH HAVE BEEN COMPLETELY SOWN AND HARVESTED AND ON WHICH NORMAL CULTIVATION WORK HAS BEEN CARRIED OUT ; AND
( B ) IN RESPECT OF WHICH HAVE A DECLARATION OF AREAS SOWN HAS BEEN MADE IN ACCORDANCE WITH ARTICLE 4 .
ARTICLE 4
1 . EVERY GROWER OF FLAX OR HEMP SHALL , ON A DATE FIXED BY THE MEMBER STATE CONCERNED AND IN ANY EVENT NOT LATER THAN 15 JUNE IN EACH YEAR , SUBMIT A DECLARATION OF THE AREAS SOWN BY HIM .
2 . SUCH DECLARATION SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :
- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE PERSON MAKING THE DECLARATION ;
- THE SPECIES , AND FOR FLAX THE VARIETY , SOWN , OR FAILING THAT , SOME INDICATION OF THE MAIN PURPOSE FOR WHICH IT IS SOWN ;
- THE AREA SOWN , IN HECTARES AND ARES ;
- THE CADASTRAL REGISTER NUMBER OF THE AREAS SOWN , OR A REFERENCE RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREA .
ARTICLE 5
1 . APPLICATIONS FOR AID SHALL BE SUBMITTED BY GROWERS OF FLAX OR HEMP AFTER HARVESTING , AND IN ANY EVENT , NOT LATER THAN 31 OCTOBER IN EACH YEAR .
2 . EVERY APPLICATION FOR AID SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :
- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE APPLICANT ;
- A DECLARATION IN HECTARES AND ARES OF THE AREAS HARVESTED , AND THE CADASTRAL REGISTER NUMBER OF THOSE AREAS , OR A REFERENCE RECOGNIZED AS EQUIVALENT BY THE AGENCY RESPONSIBLE FOR CHECKING THE AREAS ;
- DETAILS OF THE PLACE WHERE THE PRODUCE CONCERNED IS STORED , OR IF IT HAS BEEN SOLD AND DELIVERED , THE SURNAME , FORENAME(S ) AND ADDRESS OF THE PURCHASER .
3 . WHERE THE APPLICANT IS A GROWER AS DEFINED IN ARTICLE 3A ( B ) OF REGULATION ( EEC ) NO 619/71 THE APPLICATION FOR AID SHALL BE ACCOMPANIED BY A COPY OF THE CULTIVATION CONTRACT REFERRED TO IN THAT ARTICLE , EXCEPT WHERE SUCH CONTRACT HAS BEEN REGISTERED WITH THE COMPETENT AUTHORITY .
ARTICLE 6
THE CHECKS PROVIDED FOR IN ARTICLE 5 OF REGULATION ( EEC ) NO 619/71 SHALL BE CARRIED OUT ON A PERCENTAGE OF DECLARATIONS AND APPLICATIONS THAT IS REPRESENTATIVE HAVING REGARD TO THE GEOGRAPHICAL DISTRIBUTION OF THE AREAS CONCERNED .
ARTICLE 7
FOR THE PURPOSE OF GRANTING AID FOR FLAX AS DEFINED IN ARTICLE 2 ( A ) IN CASES WHERE THE APPLICANT IS NOT A GROWER AS DEFINED IN ARTICLE 3A ( B ) OF REGULATION ( EEC ) NO 619/71 , THE MEMBER STATE CONCERNED SHALL APPLY A SYSTEM OF PRODUCTION CERTIFICATES OR OF REGISTERED CONTRACTS .
ARTICLE 8
1 . WHEN A MEMBER STATE APPLIES A SYSTEM OF PRODUCTION CERTIFICATES AS PROVIDED FOR IN ARTICLE 7 , FOR EACH HECTARE OR PART OF A HECTARE IN RESPECT OF WHICH ENTITLEMENT TO AID HAS BEEN RECOGNIZED , A CERTIFICATE REPRESENTING HALF OF THE AMOUNT OF THE AID SHALL BE ISSUED TO THE GROWER .
2 . IN CASES WHERE AT THE END OF THE MARKETING YEAR :
( A ) NO CONTRACT AS REFERRED TO IN ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 619/71 HAS BEEN CONCLUDED , OR THE GROWER HAS HIMSELF PROCESSED THE FLAX INTO STRAW OR HAD IT SO PROCESSED ON HIS BEHALF , THE CERTIFICATE SHALL BE RETAINED BY THE SAID GROWER ;
( B ) SUCH A CONTRACT HAS BEEN CONCLUDED , THE CERTIFICATE SHALL BE TRANSFERRED TO THE PURCHASER .
ON PRESENTATION OF A PROPERLY COMPLETED CERTIFICATE HALF OF THE AID SHALL BE PAID TO THE PERSON CONCERNED . THIS CERTIFICATE MUST BE SUBMITTED AT LATEST ON 31 DECEMBER FOLLOWING THE END OF THE MARKETING YEAR CONCERNED .
3 . CERTIFICATES SHALL CONTAIN AT LEAST THE FOLLOWING PARTICULARS :
- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE GROWER ;
- THE AREA CONCERNED ;
- THE AMOUNT OF AID TO BE PAID ;
- THE SURNAME , FORENAME(S ) AND ADDRESS OF THE RECIPIENT OF THE AID ;
- THE SIGNATURES OF THE GROWER AND OF THE RECIPIENT OF THE AID ;
- WHERE THE CERTIFICATE IS SUBMITTED BY THE GROWER , EVIDENCE THAT HE SATISFIES EITHER THE CONDITION LAID DOWN IN SUBPARAGRAPH ( A ) OF ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 619/71 OR THAT LAID DOWN IN SUBPARAGRAPH ( B ) OF THAT ARTICLE .
ARTICLE 9
WHEN A MEMBER STATE APPLIES A SYSTEM OF REGISTERED CONTRACTS AS PROVIDED FOR IN ARTICLE 7 , THEN :
( A ) WHERE A CONTRACT AS REFERRED TO IN ARTICLE 3 ( 2 ) OF REGULATION ( EEC ) NO 619/71 HAS BEEN CONCLUDED BEFORE THE END OF THE MARKETING YEAR , HALF OF THE AID SHALL BE PAID TO THE PURCHASER ;
( B ) WHERE NO SUCH CONTRACT HAS BEEN CONCLUDED BY THAT DATE , OR WHERE IT IS PROVED THAT THE GROWER HIMSELF PROCESSES THE FLAX INTO STRAW OR HAS IT SO PROCESSED ON HIS BEHALF , THE WHOLE OF THE AID SHALL BE PAID TO THE GROWER .
ARTICLE 10
MEMBER STATES SHALL PAY AID FOR FLAX AND HEMP BY 1 MARCH FOLLOWING THE END OF THE MARKETING YEAR CONCERNED .
ARTICLE 11
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 29 MARCH 1974 .
FOR THE COMMISSION
THE PRESIDENT
FRANCOIS-XAVIER ORTOLI
( 1 ) OJ NO L 146 , 4 . 7 . 1970 , P . 1 .
( 2 ) OJ NO L 73 , 27 . 3 . 1972 , P . 14 .
( 3 ) OJ NO L 72 , 26 . 3 . 1971 , P . 2 .
( 4 ) OJ NO L 297 , 25 . 10 . 1973 , P . 1 .
ANNEX
LIST OF VARIETIES OF FLAX GROWN MAINLY FOR FIBRE
AZUR
CRISTA
EMERAUDE
FIBRA
HERA
HILDA
JADE
LINDA
NATASJA
NYNKE
PRIMO
REINA
TISSANDRE
WIERA