Legal provisions of COM(2008)27 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

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dossier COM(2008)27 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific ...
document COM(2008)27 EN
date March 17, 2008

Contents

Article 1

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:

‘Subsection II

Flax and hemp grown for fibre’;

2.Article 91 shall be amended as follows:

(a)the first subparagraph of paragraph 1 shall be replaced by the following subparagraphs:

‘1.   Aid for processing the straw of long flax grown for fibre shall be granted to authorised primary processors on the basis of the quantity of fibre actually obtained from straw for which a contract of sale has been concluded with a farmer.

During the marketing year 2008/2009 aid shall also be granted under the same conditions for processing the straw of short flax and hemp grown for fibre.’;

(b)paragraph 2 shall be replaced by the following:

‘2.   For the purposes of this Subsection, “authorised primary processor” shall mean a natural or legal person or a group of natural or legal persons, irrespective of its legal status under national law, or that of its members, that has been authorised by the competent authority of the Member State in the territory of which are located its facilities for producing flax or hemp fibre.’;

3.Article 92(1) shall be replaced by the following:

‘1.   The amount of processing aid provided for in Article 91 shall be fixed:

(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.

However, the Member State may, with reference to traditional outlets, also decide to grant aid:

(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 %.

In the cases provided for in the second subparagraph, the Member State shall grant the aid in respect of a quantity which amounts to not more than the quantity produced, on the basis of 7,5 % of impurities and shives.’;

4.Article 94 shall be amended as follows:

(a)paragraph 1 shall be replaced by the following:

‘1.   A maximum guaranteed quantity of 80 878 tonnes per marketing year shall be established for long flax fibre in respect of which aid may be granted. That quantity shall be apportioned among certain Member States as national guaranteed quantities in accordance with point A.I. of Annex XI.’;

(b)the following paragraph shall be inserted after paragraph 1:

‘1a.   A maximum guaranteed quantity of 147 265 tonnes for the marketing year 2008/2009 shall be established for short flax fibre and hemp fibre in respect of which aid may be granted. That quantity shall be apportioned as national guaranteed quantities among certain Member States in accordance with point A.II. of Annex XI.’;

(c)the following paragraph shall be added:

‘3.   Each Member State may transfer part of its national guaranteed quantity as referred to in paragraph 1 to its national guaranteed quantity as referred to in paragraph 1a and vice versa.

Transfers as referred to in the first subparagraph shall be carried out on the basis of an equivalence of one tonne of long flax fibre to 2,2 tonnes of short flax fibre and hemp fibre.

Processing aid shall be granted only in respect of the quantities referred to in paragraphs 1 and 1a, respectively, adjusted in accordance with the first two subparagraphs of this paragraph.’;

5.the following Article shall be inserted after Article 94:

‘Article 94a

Additional aid

During the 2008/2009 marketing year, additional aid shall be granted to the authorised primary processor in respect of areas under flax in zones I and II as described in point A.III. of Annex XI and the straw production of which has been the subject of:

(a)a sale/purchase contract or a commitment as referred to in Article 91(1); and

(b)aid for processing into long fibre.

The amount of additional aid shall be EUR 120 per hectare in zone I and EUR 50 per hectare in zone II.’;

6.Annex XI shall be amended in accordance with the Annex to this Regulation.

Article 2

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.