2.3.1999 Official Journal of the European Communities L 54/11 COMMISSION REGULATION (EC) No 452/1999 of 1 March 1999 fixing the minimum yields for the granting of aid for the production of 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 Regula- tion (EC) No 3290/94 (3, 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 6 thereof, Whereas Commission Regulation (EEC) No 1164/89 of 28 April 1989 laying down detailed rules concerning the aid for fibre flax and hemp (°), as last amended by Regula- tion (EC) No 2814/98 (°), lays down the conditions for entitlement to the aid; whereas Regulation (EEC) No 619/ 71 provides that the Commission can lay down criteria covering normal cultivation work, in particular by setting a minimum yield to be achieved; whereas a minimum yield must be established in order to prevent fibre flax and hemp from being sown not for the sake of produc- tion but solely to qualify for a rate of aid higher than that for other arable crops; Whereas Commission Regulation (EC) No 2183/97 ("), lays down the minimum yield to be achieved before aid for fibre flax production can be granted as from the 1998/99 marketing year; whereas experience gained in the course of that marketing year shows that the provisions of that Regulation should be simplified and the minimum yield set should be adjusted accordingly; whereas, for the sake of consistency, a minimum yield to be achieved before aid can be granted for hemp production should also be laid down; whereas Regulation (EC) No 2183/97 should therefore be repealed and new minimum yields to be achieved before aid is granted for fibre flax and hemp production should be laid down on the basis of common principles; Whereas, to take account of the particular soil and climatic conditions, minimum vyields for fibre flax and hemp adapted to the conditions in the main production areas of the Community and corresponding to good cul- NSO SN NN N < 146, 4. 7. 1970, p. 1. 349, 31. 12. 1994, p. 105. 72, 26. 3. 1971, p. 2. 190, 4. 7. 1998, p. 7. 121, 29. 4. 1989, p. 4. 349, 22. 12. 1998, p. 50. 299, 4. 11. 1997, p. 4. SN 35 0000000 S S S S S | onll ol ol ol ol ol o8 tivation methods should be introduced gradually; whereas, for the sake of simplification, there should be a limit on the number of different minimum yields laid down; Whereas, to take account of existing cultivation methods, in the United Kingdom in particular, a transitional period should be laid down for that Member State with a view to the gradual introduction of minimum yields corres- ponding to good cultivation methods; Whereas the areas and production on which basis the yield is to be determined should be defined; Whereas, for cases where the yield found is lower than the minimum yield, Regulation (EC) No 2183/97 provides, on the one hand, for a case-by-case consideration of any exceptional weather conditions and, on the other hand, for the possibility of a gradual reduction in the aid, subject none the less to a threshold percentage of the yield below which no aid is payable; whereas it may not be possible to achieve the minimum vyield for several concomitant reasons the individual effects of which are difficult to identify; whereas, despite certain reductions in the minimum yield as a result of this Regulation, the areas in question should not be totally disqualified from the aid but should qualify for reduced aid; whereas provi- sion should be made for a single level of reduced aid which is easy to apply and which does not constitute an incentive against the aid payable on other arable crops; Whereas the Management Committee for Flax and Hemp has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION: Article 1 Aid for the production of fibre flax and aid for the production of hemp shall be granted only in respect of areas where the yield of non-deseeded flax straw or non- deseceded hemp straw is at least equal to the following minimums: — for areas in Belgium, Denmark, Germany, France, Ireland, Luxembourg, the Netherlands, Austria, Finland, Sweden and the United Kingdom: 2,5 per hectare, — for areas in the other Member States: 1,5 t per hectare.