31971R1195
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 be given in this certificate should be specified ; Having regard to Council Regulation (EEC) No 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 with difficulties in Member States which have Whereas Council Regulation (EEC) No 619/712 of 22 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 For the purposes of Article 3 of Council Regulation sufficiently representative number of declarations and (EEC) No 619/71 : applications ;
(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;
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 first purchaser; — the name and address of the person making the declaration; — the signature of the producer. — the botanical species and, for flax, the variety 3 . The aid shall be paid to the first purchaser on sown or, failing this, its main use; 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
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