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Document 01989R3164-20070101
Commission Regulation (EEC) No 3164/89 of 23 October 1989 laying down detaled rules for the application of special measures in respect of hemp seed
Consolidated text: Commission Regulation (EEC) No 3164/89 of 23 October 1989 laying down detaled rules for the application of special measures in respect of hemp seed
Commission Regulation (EEC) No 3164/89 of 23 October 1989 laying down detaled rules for the application of special measures in respect of hemp seed
01989R3164 — EN — 01.01.2007 — 001.001
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COMMISSION REGULATION (EEC) No 3164/89 of 23 October 1989 laying down detaled rules for the application of special measures in respect of hemp seed (OJ L 307 24.10.1989, p. 22) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 364 |
26 |
12.12.1992 |
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L 365 |
52 |
21.12.2006 |
COMMISSION REGULATION (EEC) No 3164/89
of 23 October 1989
laying down detaled rules for the application of special measures in respect of hemp seed
Article 1
Such sampling checks shall be conducted at holdings and shall relate to a representative percentage of the areas under hemp, having regard to the geographical distribution of those areas.
Article 2
Aid shall be granted in respect only of areas :
the whole of which has been sown and harvested ; and
in respect of which there has been submitted :
which, notwithstanding Article 5 (2) of this Regulation, are eligible for the aid provided for in Article 4 of Council Regulation (EEC) No 1308/70 ( 5 ).
Article 3
Aid applications as referred to in Article 2 shall include at least the following particulars :
the area in which the seed was harvested ;
if deseeding was carried out by the declarant: the quantity of seed harvested and the place where such seed is stored or, if it has been sold or delivered, the surname, forename(s) and address of the purchaser, together with the amounts delivered ;
if deseeding was not carried out by the declarant: the place where the hemp straw is stored or, if it has been sold or delivered, the surname, forename(s) and address of the purchaser, together with the quantities of straw delivered.
Article 4
The operative event for the exchange rate applicable to the aid shall be that referred to in Article 2(2) of Commission Regulation (EC) No 1913/2006 ( 7 ).
Article 5
Where significant irregularities arise relating to 6 % on more of the checks carried out, the Member States shall notify the Commission thereof forthwith and shall state what measures have been adopted.
Member States may require growers to submit any documents considered necessary.
If a check as provided for in paragraph 1 shows that the area in respect of which the aid is applied for is :
less than that ascertained during the check, the area ascertained shall be used ;
greater than that ascertained during the check, without prejudice to any penalties provided for under national law and the provisions of point (c), the area used shall be the ascertained area minus the difference between the area in respect of which the aid is applied for and that ascertained, except where the difference is considered justified by the Member State concerned; in the latter case the area ascertained shall be used ;
greater than that ascertained during the check and if, for the person making the declaration in question, areas indicated in the declarations or applications have been reduced during the same marketing year or the preceding one in accordance with Article 7 or 8 of Regulation (EEC) No 1164/89 or with point (b) of this paragraph, except where the difference is considered justified by the Member State concerned, the aid application shall be rejected.
Member States shall notify the Commission of the measures taken in compliance with this paragraph.
Article 6
Producer Member States shall pay the aid before 31 March following the end of the marketing year.
Article 7
Article 8
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
It shall apply from the 1989/90 marketing year.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( 1 ) OJ No L 325, 29. 11. 1988, p. 2.
( 2 ) OJ No L 148, 1. 6. 1989, p. 3.
( 3 ) OJ No L 121, 29. 4. 1989, p. 4.
( 4 ) OJ No 172, 30. 9. 1966, p. 3025/66.
( 5 ) OJ No L 146, 4. 7. 1970, p. 1.
( 6 ) OJ No L 362, 11. 12. 1992, p. 49.
( 7 ) OJ L 365, 21.12.2006, p. 52.