L 349/50 Official Journal of the European Communities 24.12.98 COMMISSION REGULATION (EC) No 2814/98 of 22 December 1998 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 organisation of the market in flax and hemp ('), as last amended by the Act of Accession of Austria, Finland and Sweden and 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 1420/98 (*), and in particular Article 5(2) thereof, Whereas in order to strengthen the administration and control of the aid scheme and avoid the risk of aid being paid twice for the same area, certain provisions of the integrated administration and control system provided for in Council Regulation (EEC) No 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes (%), as last amended by Regulation (EC) No 820/ 97 (°), should be made applicable to this scheme; whereas the detailed rules for submission of declarations of areas sown should be harmonised with the rules of the in- tegrated administration and control system; whereas, therefore, provision should be made for Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (), as last amended by Regulation (EC) No 1678/98 (), to apply to declarations of areas sown; Whereas, in some cases, some of the information and Annexes provided for in the declaration of areas referred to in Article 5 of Commission Regulation (EEC) No 1164/89 (%), as last amended by Regulation (EC) No 2021/ 98 (1), cannot be included in the area declarations under the integrated system; whereas, therefore, provision should be made for this information and these Annexes 146, 4. 7. 1970, p. 1. 349, 31. 12. 1994, p. 105. 72, 26. 3. 1971, p. 2. 190, 4. 7. 1998, p. 7. 355, 5. 12. 1992, p. 1. 117, 7. 5. 1997, p. 1. 391, 31. 12. 1992, p. 36. 212, 30. 7. 1998, p. 23. 121, 29. 4. 1989, p. 4. 261, 24. 9. 1998, p. 8. N Lol S 3 000000000 3 | SR SR S S S S S S Sy S5 L LR S T T O e > T N ©) [ to be supplied in a cultivation declaration specific to the aid scheme for fibre flax and hemp; Whereas Article 8 of Regulation (EEC) No 3887/92 lays down the penalties to be applied for late submission of area declarations under the integrated system; whereas the penalties to be applied for late submission of cultivation declarations and/or aid applications as referred to in Articles 5 and 8 of Regulation (EEC) No 1164/89, respec- tively, should be aligned on Article 8 of Regulation (EEC) No 3887/92; whereas the penalties to be applied where a discrepancy is found between the area ascertained during a check and that declared in the cultivation declaration and/or aid application should also be aligned on Regula- tion (EEC) No 3887/92; whereas, in the interests of clarity, reference should be made to the provisions of Regulation (EEC) No 1164/89 likely to affect the area on the basis of which the amount of aid is calculated; Whereas, for the purposes of granting aid for hemp, Regulation (EEC) No 619/71 provides for producers and primary processors to conclude a contract, except in specific cases, and for primary processors to make an undertaking to process and to have approval; whereas, therefore, detailed rules should be laid down regarding the undertaking and the conditions in which approval may be granted should be specified; whereas detailed rules should be laid down for verifying the performance of contracts and compliance with undertakings to process and conditions of approval and procedures should be specified in cases where cooperation is required between Member States; whereas approval should be withdrawn where the conditions for approval are no longer met or where irregularities are found; whereas the relevant provi- sions for flax are to be found in Articles 5a and 5b of Regulation (EEC) No 1164/89; whereas those provisions should be applied, mutatis mutandis, to hemp; whereas, however, the checks on compliance with the undertaking to process and conditions for approval during the first two marketing years of application should be strengthened in order to ensure that the scheme operates properly; Whereas, in order to prevent any possible abuse, provision should also be made for approval to be withdrawn where it is found that the flax or hemp have not been processed for commercial purposes; whereas the concept of processing should be defined;