No L 95/8 Official Journal of the European Communities 10. 4. 97 COMMISSION REGULATION (EC) No 624/97 of 8 April 1997 amending Regulation (EEC) No 1164/89 laying down detailed rules concerning the aid for fibre flax and hemp THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1308/70 of 29 June 1970 on the common organization of the market in flax and hemp ('), as last amended by Regula- tion (EC) No 3290/94 (3, and in particular Article 4 (5) thereof, Having regard to Council Regulation (EEC) No 619/71 of 22 March 1971 laying down general rules for granting aid for flax and hemp (%), as last amended by Regulation (EC) No 154/97 (), and in particular Articles S (2), 6 and 6a thereof, Whereas Commission Regulation (EEC) No 1164/89 (%), as last amended by Regulation (EC) No 466/96 (%), sets certain detailed rules of application for the aid for fibre flax and hemp; Whereas Regulation (EEC) No 619/71 sets as require- ments for granting of the aid conclusion of a contract between grower and primary processor (except in certain specific cases), an undertaking to process the flax, and approval of the primary processor; whereas detailed rules applying to this undertaking should therefore be specified and also requirements for primary processor approval; whereas rules for checking on the execution of contracts and compliance with undertakings to process and with terms of approval must be set and also procedures for cooperation between Member States; whereas provision should be made for withdrawal of approval if the terms on which it was granted are no longer met or irregularities are found; Whereas in order to permit payment of the aid at as early as date as possible, provision should be made for security to be lodged to be lodged by the processor against proces- sing of the flax straw within a reasonable time; whereas in view of the particular way in which primary processors operate, provision can be made for the aid to be paid without lodging of security if proof of processing has () OJ No L 146, 4. 7. 1970, p. 1. () OJ No L 349, 31. 12. 1994, p. 105. () O] No L 72, 26. 3. 1971, p. 2. () O] No L 27, 30. 1. 1997, p. 1. () OJ No L 121, 29. 4. 1989, p. 4. () OJ No L 65, 15. 3. 1996, p. 6. already been produced; whereas the provisions of Commission Regulation (EEC) No 2220/85 ("), as last amended by Regulation (EC) No 3403/93 (¥), apply to securities; Whereas for the purposes of payment of three-quarters of the aid to the primary processor, Member States may opt to use certificates or registered contracts; whereas these arrangements should be adjusted in line with the new terms on which aid is granted; Whereas experience of operation of the aid scheme in the last few years has shown a need to adjust certain provi- sions in order to prevent the scheme from being abused; whereas in particular aid for flax produced from seed of varieties in course of examination by the national author- ities that are not included in the list of varieties intended principally for fibre production should be discontinued with effect from the 1998/99 marketing year and addi- tional information should be required in the declaration of areas sown and aid application; Whereas Regulation (EEC) No 619/71 allows for trans- itional measures to be adopted for the first marketing year of application of the provisions introduced by Regulation (EC) No 154/97; whereas given the time needed for Member States to implement the approval provisions there is a need to permit provisional approval of proces- sors and growers for the 1997/98 marketing year; whereas the case must also be accommodated of growers who have been able to have their flax straw processed in a third country; 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 Regulation (EEC) No 1164/89 is amended as follows: 1. the first paragraph of Article 2 is replaced by the following: ‘Aid shall be granted for flax grown from seed of the varieties listed in Annex A’; () OJ No L 205, 3. 8. 1985, p. 3 S. (*) OJ No L 310, 14. 12. 1993, p. 4.