29. 7. 97 Official Journal of the European Communities No L 200/23 COMMISSION REGULATION (EC) No 1474/97 of 28 July 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the flat-rate aid for hazelnuts harvested during the 1997/98, 1998/99 and 1999/2000 marketing years THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables ('), and in particular Article 55 thereof, Whereas, in order to deal with the particularly difficult market conditions in the hazelnut sector, flat-rate aid is granted for the 1997/98, 1998/99 and 1999/2000 market- ing years; Whereas, in accordance with the objectives of the common organization of the markets, that aid is granted to producer organizations recognized under Council Regulation (EEC) No 1035/72(), as last amended by Commission Regulation (EC) No 1363/95 (%), or Regula- tion (EC) No 2200/96; whereas, to enhance the results produced by the specific measures already implemented, that aid is granted only on condition that the aforemen- tioned producer organizations implement in 1997 either a quality improvement plan within the meaning of Article 14d of Regulation (EEC) No 1035/72 or an operational programme within the meaning of Commission Regula- tion (EC) No 411/97 (¥), as amended by Regulation (EC) No 1119/97 () Whereas, since the marketing year for hazelnuts runs from 1 September to 31 August, it should be left to the producer organizations to choose when they lodge their applications; Whereas since the aid is granted to the producers of hazelnuts, the producer organization must pay the amount received in full; Whereas, for the sake of the effectiveness of the system of flat-rate aid, procedures should be laid down for checks and, where undue payments are made, penalties; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables, () OJ No L 297, 21. 11. 1996, p. 1. () OJ No L 118, 20. 5. 1972, p. 1. () OJ No L 132, 16. 6. 1995, p. 8. () OJ No L 62, 4. 3. 1997, p. 9. () OJ No L 163, 20. 6. 1997, p. 11. HAS ADOPTED THIS REGULATION: Article 1 1. The flat-rate aid of ECU 15 per 100 kilograms referred to in Article 55 of Regulation (EC) No 2200/96 shall be granted to producer organizations: — recognized pursuant to Regulation (EEC) No 1035/72 which are implementing a quality and marketing improvement plan within the meaning of Title II (a) of Regulation (EEC) No 1035/72 and/or implement in 1997 a plan of action within the meaning of Regula- tion (EC) No 411/97, — recognized pursuant to Regulation (EC) No 2200/96 which implement in 1997 an operational programme within the meaning of Regulation (EC) No 411/97 in 1997. 2. To qualify for this aid, producer organizations must be recognized in respect of their production of hazelnuts. Article 2 1. The aid referred to in Article 1 shall be allocated for hazelnuts in their shells falling within CN code 0802 21 00, of sound, fair and merchantable quality produced by members of the producer organization during each of the 1997/98, 1998/99 and 1999/2000 marketing years delivered to the producer organization and taken over by that organization. 2. ‘Members of the producer organization’ shall mean members belonging to the producer organization at the beginning of the marketing year concerned. 3. The hazelnut marketing year shall begin on 1 September and finish on 31 August. Article 3 1. Producer organizations shall submit an aid applica- tion to the competent authorities not later than 30 September following the marketing year in question for quantities produced during that marketing year, accom- panied by supporting documentation. 2. Member States shall pay the producer organizations within two months from the date of submission of the aid application.