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Royal Decree 1729 / 1999, Of 12 November, Establishing The Rules For The Application And Granting Of Subsidies To Flax And Hemp.

Original Language Title: Real Decreto 1729/1999, de 12 de noviembre, por el que se establecen las normas para la solicitud y concesión de las ayudas al lino textil y al cáñamo.

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Council Regulation (EEC) No 1308/70 of 29 June establishes the Common Organisation of the Market in flax and hemp. The general rules for granting aid for flax and hemp are laid down in Council Regulation (EEC) No 619/71 of 22 March.

Regulation (EEC) No 1164/89 of the Commission of 28 April concerning the detailed rules for the application of aid for textile flax and hemp determines that growers who have submitted a declaration of seed and/or crop, after the harvest must submit an application for area aid. In addition, Commission Regulation (EC) No 452/99 of 1 March sets out the minimum performance to be observed for the purpose of granting aid for the production of textile flax and hemp.

Commission Regulation (EEC) No 3887/92 of 23 December lays down the rules for the application of the management and control system for certain Community aid schemes, incorporating in part these sectors, prejudice to the sectoral provisions mentioned above.

This Royal Decree establishes, within this Community framework, the provisions which, from the 1999-2000 marketing year, should apply to aid for textile flax and hemp.

Chapter I specifies the purpose of the Royal Decree and who are the beneficiaries of the aid.

Chapter II regulates the processing industries and lays down the requirements for their authorisation, as well as the provision for withdrawal of the processing authorisation for non-compliance with the conditions required.

Chapter III defines the amount and limits of the aid and the form and time limits for the submission of applications, requirements for obtaining, settling and paying.

Chapter IV regulates the various controls to be carried out and provides for additional checks for cases where significant irregularities and their consequences have been detected. Thus, irrespective of the penalties provided for in the Community rules for cases of non-compliance with the conditions required, in the event of any conduct which may be presumed to be a criminal offence, the Competent public authorities shall pass the fault of the fault to the competent courts on the grounds of the territory.

Without prejudice to the direct applicability of the Community Regulations and in the interests of greater understanding on the part of the interested parties, some aspects of the rules should be partially reproduced. Community.

This Royal Decree has been consulted in the project phase with the sectors affected and with the Autonomous Communities and is dictated according to the state competence in the fields of bases and coordination of the general planning of the economic activity referred to in Article 149.1.13.a of the Constitution.

By virtue of the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 12 November 1999,

D I S P O N G O

CHAPTER I

General provisions

Article 1. Purpose and definitions.

1. The purpose of this Royal Decree is to lay down the rules for the application and grant of aid to textile flax and hemp from the 1999/2000 marketing year.

2. It is understood as a producer, any natural or legal person who is responsible for the use of textile flax and/or hemp or, in the case of textile flax, before sowing, with the owner or farmer, a contract for the cultivation of flax intended for the production of fibre, by virtue of which the owner or the farmer gives up any right of ownership over the harvest and receives, as a counterpart, a lump sum per hectare determined at the time of the conclusion of the contract.

3. First processors shall mean any natural or legal person carrying out the first processing of textile flax and/or hemp and which, on its own behalf and on its own behalf, operates a first processing establishment with the appropriate facilities and equipment for this purpose.

Article 2. Beneficiaries.

The producers and first authorised processors of textile flax and hemp producers, in accordance with the criteria laid down in Article 9 of the Regulation, shall be eligible for the aid covered by this Royal Decree. Royal Decree.

CHAPTER II

transformative industries

Article 3. Conditions of authorisation for processing undertakings.

1. It is up to the Autonomous Communities, in accordance with their competition rules, to authorize the processing companies.

2. The authorisation to carry out the processing of textile flax and/or hemp shall be carried out, at the request of the person concerned, for each marketing year, by means of a request which at least contains the data set out in Annex 2 to the competent authority of the Autonomous Community where the installations are located. They may apply for such authorisation:

(a) The first processors who intend to enter into contracts with the producers of contracts for the purchase of the raw textile and/or hemp rod.

(b) Producers who undertake to transform the textile linen and/or hemp rod obtained on their holdings by themselves.

(c) The first processors to transform the textile linen and/or hemp rod obtained on the holding of the producer into account of the producer.

3. The Autonomous Communities may grant the authorisations requested, in any event, with a prior on-the-spot check, where the data indicated in the application for processing authorisation and the observations made in the control, show that the facilities allow each year to transform the reaped rod into the declared maximum area. The normal performance conditions for obtaining the products listed in paragraph (b) of Annex 2 shall be taken into account.

4. Processing shall be deemed to be correct only if, at the discretion of the Autonomous Community, the products obtained after the industrial process:

a) Be of sound, fair and commercial quality.

b) Be the result of a separation operation, at least partial, of the fiber and the woody parts of the stem. If the stem is subjected to an additional operation to achieve a subsequent separation of the fibre and the woody parts of the stem, only the last of those operations shall be considered as processing.

The average yield in fibre obtained must be equal to or greater than 20 per 100; with a maximum of 25 per 100 impurities; with no synthetic fibres; and the main destination of which is the textile industry, production of paper pulp or other industrial uses (automotive, furniture, insulators, filters, cordage).

In the case of hemp, direct obtaining of a product of a different nature from hemp on a rod by means of operations other than the separation of the fibre and the woody parts of the stem may be considered as processing, if the processor proves, to the satisfaction of the Autonomous Community, that the product is of sound, fair and commercial quality with a maximum of 25 per 100 impurities and constitutes the object of commercial or industrial use.

5. The competent authority shall assign an authorisation number to each first processor. In the event of any modification of the data indicated in the application for authorisation, the first processor shall immediately notify the competent authority of the Autonomous Community.

Article 4. Acceptance of controls and accounting.

The application for authorisation will be accompanied by a commitment to accept all the controls that are organised in the framework of the application of the aid scheme, as well as to carry out material accounting in which at least the record the following data:

(a) The quantities of all raw materials purchased or entered into the processing premises (in the latter case in the case of a producer undertaking to transform by itself) as well as stocks of raw materials, all broken down by producer.

(b) The quantities of raw materials processed and the quantities and types of final products obtained, in accordance with the list contained in the application for authorisation: quantities, types of co-products, by-products and stocks, all broken down by producer.

c) A calculation of the losses arising from the transformation. In no case shall they exceed 8 per 100.

d) The quantities destroyed and the reasons for the destruction.

e) The quantities and types of products sold or transferred by the processor, broken down by subsequent buyers/processors. In the case of disposal of products, they must be endorsed by means of the relevant contracts.

f) The name and address of the subsequent buyers/processors.

Article 5. Withdrawal of the authorisation for processing and cessation of activity.

1. They are competent to agree on the withdrawal of the processing authorization and, where appropriate, the cessation of activity by the corresponding bodies of the Autonomous Communities.

2. Where the approved undertakings do not comply with the conditions laid down in this Royal Decree, the Autonomous Communities shall withdraw the processing authorization and no new authorization may be granted for the processing of flax straw. textile or hemp from the two marketing years following that in which the conditions required for the authorization were not met.

3. Producers who have delivered their textile flax and hemp rod for processing on their behalf in a company which ceases to be active in the course of a marketing year shall be entitled to receive the aid as a whole provided that they provide the competent authority of the Autonomous Community with sufficient evidence of the processing and destination of the processed products, and the latter shall understand that.

In the case of the textile linen, if it cannot provide the evidence of being transformed, it will only be entitled to receive a quarter of the aid.

CHAPTER III

Aids

Article 6. The amount and limits of the aid.

1. The amounts of aid for textile flax and hemp for each marketing year shall be those laid down by Community rules in accordance with Article 4 (1) of Regulation (EEC) No 1308/70 of the Council of 29 June 1990. June. The amount of the aid shall be calculated from the lowest of the following areas:

a) The one indicated in the surface declaration.

(b) The sprouted surface indicated in the crop declaration.

c) The one indicated in the help request.

Such areas shall be reduced, where appropriate, pursuant to Articles 4a, 5 and 8 of Regulation (EEC) No 1164/89 and Article 9 of Regulation (EEC) No 3887/92.

2. In the event of non-compliance with the minimum yields required, as set out in Article 8 (4) of this Royal Decree, the aid to be paid shall be reduced by 65 per 100 and shall be granted provided that the remainder of the the conditions required for granting them.

3. For each working day of delay in the presentation of the declaration of areas, the declaration of cultivation and/or the aid application, except in cases of force majeure, the amount of aid shall be reduced by 1 per 100 in relation to the duty to be paid. would have the producer if they had submitted them within the prescribed period.

If the delay exceeds twenty-five calendar days, the declarations and/or applications shall be deemed not to have been submitted and consequently shall not give rise to any grant of aid.

4. In the case of a reduction in the area of flax with the right to the aid, the areas cultivated with flax other than the grinning shall be reduced in the first place.

5. Where a surface of unbroken linen has been declared in the application for aid as a flax area other than the one without grinning, the total amount of the aid shall be reduced by a sum equal to 15 per 100 of the aid For flax other than the linen, without grinning for each hectare or part of the hectare which has been declared as a flax area other than the unbroken wine.

In the event that the competent authorities of the Autonomous Community are justified in a reasoned manner by the inaccurate statements referred to in this paragraph, no sanction shall be applied.

These provisions shall apply without prejudice to any penalties provided for in national legislation.

6. If a false declaration is intentionally made, the declarant in question shall be excluded from the aid scheme for textile flax and hemp during the following marketing year for a surface equivalent to that for which he is rejected the declaration, without prejudice to the administrative or criminal responsibilities which would have been the case.

7. The paying agencies concerned shall pay the aid only in so far as there is a correspondence between the area actually sown and harvested and the quantity of seeds used which appears in one of the documents referred to in Articles 2 and 3 of Regulation (EEC) No 1164/89.

Article 7. Applications for aid.

The producers of flax or hemp, in accordance with Article 8 of Regulation (EEC) No 1164/89, shall submit an application for aid which shall contain at least the data set out in Annex 3 by 30 November at the latest. for flax and 31 December for hemp, before the competent authority of the Autonomous Community in which the holding is located or, where appropriate, of the Autonomous Community in which the largest part of the area of the parcels is located (a) the amount of the aid to be paid. They may also present it by any other of the channels provided for in Article 38 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Notwithstanding the provisions of this Royal Decree, the provisions of Articles 3, 5a, 7, 8, 9, 11, 12, 13, 14, 15 and 18 and paragraph 1, the second subparagraph of paragraph 3 and Article 6 (4), (5), (7) and (8) of the Regulation (EEC) 3887/92 shall apply mutatis mutandis to applications for aid referred to in the first subparagraph.

Article 8. Requirements for the granting of the aid.

1. Flax and hemp plantations must have been the subject of a declaration of area sown and of a declaration of cultivation.

2. The aid application shall be accompanied by a copy of the contracts and/or the processing undertakings. In the event of the conclusion of the contract after 30 November, in the case of flax, and 31 December in the case of hemp, a copy of the same and the processing undertaking shall be transmitted to the competent authority of the Community. Autonomous, not later than the final day of the marketing year and, in any case, prior to payment of the aid.

3. The aid shall be granted by the competent authority of the Autonomous Community for areas which have been wholly sown and harvested and where the normal cultivation work has been carried out. In order to be considered harvested, the growing areas must exceed the following operations:

a) To collect after the formation of the seeds.

b) End the vegetative cycle of the plant, and c) Use the stem, if any, devoid of the seeds.

The seed formation referred to in the first indent shall be deemed to have been completed if the number of hemp seed or flax seed capsules, which have reached their final form and volume, is greater than 50 per 100 of the total production of hemp seed or flax capsules.

In case of harvest by mowing, the guadanator bar must be at most 10 centi

meters of the soil in the case of flax and 20 centimeters in the case of hemp. The area covered must be kept in a condition which allows the height of the cut to be checked within 20 days of the date of the submission of the aid application or of a declaration by which the the start of harvest operations. The competent bodies of the Autonomous Communities shall take the necessary measures to verify compliance with that requirement and may take into consideration the special harvest conditions which may be fulfilled.

4. The yield on unbroken rod, both for textile linen and for hemp, must be at least equal to 1,5 tonnes/hectare. The average yield on unbroken rod shall be taken into account for the areas in respect of which the aid is applied for or, where the aid applicant is a producer, within the meaning of Article 3a (b) of Regulation (EEC) No 619/71, of the areas of each owner or farmer with whom a contract for the cultivation of flax has been concluded.

The average yield shall be equal to the total quantity produced by unbroken rod, expressed in tonnes, ready for processing and weighing when entering the processing centre, with a maximum content of moisture and impurities of 12 per 100 and 5 per 100, respectively, divided by the area expressed in hectares. However, in the case where the rod and the seed are harvested separately, the weight of the seed, with a maximum permissible percentage of 20 per 100, shall be added to the weight of the rod delivered in the processing centre and, if the rod is harvested with a machine which performs the operation of separating the fibre from the woody parts, the weight of the rod shall be replaced by the total weight of the various products resulting from the operation in question. If the woody parts of the stalk are not possible, the Autonomous Community shall establish, taking into account the results corresponding to good cultivation practices, the corresponding weight according to a coefficient fixed on the basis of the checks carried out on the spot and the technical specifications of the machinery concerned.

Article 9. Criteria for the award of the aid.

1. For each marketing year, aid shall be granted to the textile flax mainly for fibre production, in accordance with the arrangements for contracts registered and in accordance with Articles 9 and 11 of Regulation (EEC) No 1164/89.

Taking into account the provisions of Articles 3 and 3a of Regulation (EEC) No 619/71, a quarter of the aid shall be granted to the producer and the other three quarters to the first processor authorised by the competent authority. of the Autonomous Community in which its premises are located, provided that it has concluded with the producer a contract under which it obtains the ownership of the flax in rod and which undertakes to convert it. However, the whole of the aid shall be delivered to the producer when:

(a) The grower producer undertakes to transform the flax into a rod and is authorized for that purpose by the competent authority, or (b) The grower producer undertakes to take account of the processing of the (c) The non-grower producer undertakes to transform the flax into a rod and is approved for that purpose by the competent authority, or (d) the non-grower producer undertakes to make a commitment to the The processing of flax by rod to an authorised first processor shall be self-commissioned.

2. In the case of hemp, all aid shall be granted to the producer who has concluded a contract with a first processor approved by the competent authority of the Autonomous Community in whose territory his premises are located, with the first processor to obtain the ownership of the hemp and commit itself to transforming it. However, the aid shall also be granted to the producer where he undertakes to convert hemp into a rod and is authorised, for that purpose, by the competent authority of the Autonomous Community, or, where he undertakes to convert, into account of the hemp in rod, by a first authorized processor.

3. In the case of the processing undertakings referred to above, the approval number of the first processor allocated shall always be recorded and shall be carried out by:

a) The first transformer for each contract, and must be attached to it. In this undertaking, the obligation acquired to convert the rods from the areas covered by the contract shall be expressly stated.

(b) The producer who will be required to convert the rod from the areas for which the aid is sought.

(c) The producer who will be obliged to convert the rod from the surfaces on his own account, for which aid is sought.

Article 10. Guarantees.

1. The first processors which have purchased from producers, by contract, textile flax rod shall constitute, before the competent authority of the Autonomous Community concerned, a guarantee equivalent to three quarters of the aid, plus a 10 per 100, prior to the payment of the same.

2. Producers who undertake to convert or convert flax into a rod or hemp on their own account shall, before the competent authority of the Autonomous Community concerned, provide a guarantee equivalent to the total of the aid, plus 10 per 100, prior to payment of the same.

3. Producers selling the hemp rod to a first authorised processor which has undertaken to convert such a rod shall, before the competent authority of the Autonomous Community concerned, provide a guarantee equivalent to the all the aid, plus a 10 per 100, prior to the payment of the aid.

4. The guarantee shall be submitted with the aid application and no later than the final day of the marketing year.

It shall be released once it has been established that the effective processing of all the quantities of flax and/or hemp on rod from the areas covered by contracts, the processing undertakings or an undertaking has been effected. equivalent quantity. In any event, the processing shall be carried out within a maximum of 12 months after the end of the marketing year.

The processing of the total quantities from the areas covered by contracts or processing undertakings shall be deemed to have been fulfilled in proportion to the quantities of flax and/or hemp in rod which is submitted in the period of 18 months after the end of the marketing year, and which has been carried out within the time limits laid down. These tests shall consist of monthly summaries of the material accounts and the certificates of processing issued which shall contain at least the information set out in Annex 4 and copies of the invoices for sale of the products. the products obtained, as well as the number of other documents to be determined by the competent authority of the Autonomous Community concerned.

Where part of the quantities of flax in rod and hemp originating from the areas covered by contracts or processing undertakings has been unused for processing by climatic conditions exceptional, the competent authority shall release the security, corresponding to the quantities concerned, after on-the-spot inspection, except where the deterioration of those quantities is attributable to the producer or first processor.

5. By way of derogation from paragraphs 1, 2 and 3 of this Article, payment of the aid may be made without the need for any guarantee provided that the tests for the processing and sale of the fibre obtained are submitted at the latest. the final day of the campaign.

Article 11. Payment of the aid.

The Autonomous Communities will process, resolve and pay, where appropriate, the aid to the textile linen and hemp once carried out, at least, all the controls established in this Royal Decree. The aid shall be paid to the beneficiaries by the Autonomous Community, through its paying agencies, before 16 October following the end of each marketing year, giving the persons concerned in the calculation established the effect, in which the eventual reductions of the aid will have been taken into consideration, in accordance with the provisions of Article 6 of this Royal Decree.

CHAPTER IV

Controls

Article 12. Checks on applications.

1. Without prejudice to the possibility for the Autonomous Communities to set higher rates of control according to their territorial reality, the checks shall be carried out at least by 7 per 100 of the aid applications submitted. For the purposes of determining the area referred to in Article 9 of Regulation (EEC) No 3887/92, the distinction between unbroken linen and other linens shall not be taken into account.

2. As regards hemp and its tetrahydrocannabinol (THC) content, the Autonomous Communities shall establish the appropriate administrative control to ensure that the product for which the aid has been requested meets the conditions laid down for the granting of the same, in order to enable the control bodies to have the necessary information.

Article 13. Checks on yields obtained.

The control over the performance of the minimum performance obtained shall be carried out by the competent authority of the Autonomous Community, having regard to the provisions of Article 8 (4) of this Royal Decree, prior to 15 June of the year in question. Where, on the basis of the data in question, it is apparent that the minimum performance has not been respected, the competent authority of the Autonomous Community shall inform the person concerned and, at his request, account shall be taken of the estimated weight of the quantities to be stored, corresponding to that marketing year, after having verified their existence on the spot.

Article 14. Checks on the performance of contracts, compliance with processing undertakings and conditions of authorisation.

1. The Autonomous Communities shall ensure at all times the checks on the performance of the contracts, the fulfilment of the processing undertakings and the conditions of authorization referred to in Article 5 (1) of the Regulation (EEC) No 619/71 shall be drawn up on the whole of the first processors or producers authorised for the purposes of Article 3a of that Regulation, at least twice a year.

The controls will include physical checks and an examination of the material and financial accounts, as well as all types of commercial documents (invoices, delivery notes and others) that are relevant to the control.

2. Checks on a first processor carried out by the competent authority of the Autonomous Community pursuant to the first paragraph shall relate to the processing of flax and/or hemp on a rod produced in the Union. European.

Therefore, when the production takes place in another Member State of the European Union and is transformed into Spain, the Ministry of Agriculture, Fisheries and Food will direct the Autonomous Community of the control of the processing operations of flax or hemp on a rod. In this case, the Autonomous Community shall have the obligation to carry out the control and communicate the results to the Ministry of Agriculture, Fisheries and Food within 30 days after the communication has been received.

3. Where the processing of flax or hemp on a rod produced in Spain is carried out in another Member State of the European Union, the Autonomous Community concerned shall communicate to the Ministry of Agriculture, Fisheries and Food the production concerned and the country of destination, for the purposes of applying for control of processing operations.

Article 15. Control of tetrahydrocannabinol (THC).

1. The competent bodies of the Autonomous Communities shall check the average level of THC of the cultivated variety of hemp in the 5 per 100 at least of the crop declarations submitted on a selected parcel of a declaration of cultivation, taking into account the geographical distribution of the areas concerned.

2. The verification of the level of THC and the sampling necessary to carry out this determination shall be carried out in accordance with the method described in Annex C to Regulation (EEC) 1164/89. Other methods offering equivalent guarantees may be used provided that they have been previously communicated to the Services of the European Commission.

3. If it is found that, on a plot, the average level of THC exceeds the limit laid down, detailed control will be carried out on the ground of all the conditions required for the granting of the aid on the holding. corresponding to the cultivation declaration in question.

Article 16. Control over the processing and marketing of the fibre.

1. If the processing tests referred to in Article 10 (4) of this Royal Decree do not correspond to the operations actually carried out, the authorization shall be suspended without prejudice to any other evidence. responsibilities that may be derived from this end. Such suspension shall comprise the two marketing years following that for which the control was carried out. The competent bodies of the Autonomous Communities may decide on a basis not to impose such suspension if it is established in the case that the irregularity was not committed deliberately or by serious negligence and that its importance is minimum relative to the total set of operations performed. Similarly, and in the event that there is evidence of deliberate action for fraudulent purposes, the competent bodies of the Autonomous Communities shall immediately refer the matter of fault to the competent judicial bodies for the purposes of the territory.

2. The authorisation shall be withdrawn in accordance with Article 5 of this Royal Decree, in any event where the control carried out by the Autonomous Community shows:

(a) That the conditions of authorization referred to in Article 3 of this Royal Decree have ceased to be fulfilled; (b) that an important part of the flax in rod or hemp in rod has not been transformed within a maximum period of time; 12 months after the end of the marketing year, (c) An important part of the processed products is not in conformity with a sound, fair and commercial quality, in accordance with the requirements set out in Article 3 (2) of this Royal Decree, the fibres obtained and/or purchased from the producers are intended for companies other than the industries concerning the sectors: textile, paper or other industrial uses (automobile, furniture, insulation, filters, cordage).

Article 17. Additional controls.

In the event of significant irregularities affecting 6 per 100 or more of the checks carried out, the competent bodies of the Autonomous Communities shall at least duplicate the number of checks laid down in Articles 12 to 16 of this Royal Decree, except where those controls affect the whole.

CHAPTER V

Technical coordination and provision of information

Article 18. Technical coordination actions.

The Spanish Agricultural Guarantee Fund, as a coordinating body for the paying agencies, for the purposes of paragraph 4 (b) of Council Regulation (EEC) 1258/99 of 17 May, on the financing of the common agricultural policy; in Article 2 of Royal Decree 2206/1995 of 28 December 1995 regulating inter-administrative action relating to expenditure under the Guarantee Section of the European Guidance and Guarantee Fund; Agricultural Guarantee and Article 13.2 of Royal Decree 1490/1998 of 10 July 1998 laying down the organic structure of the Ministry of Agriculture, Fisheries and Food, will continue to develop, through the corresponding technical coordination group, the necessary coordination with the Autonomous Communities affected to ensure the application and harmonised implementation of the Community and national rules of the aid scheme referred to in this Royal Decree, throughout the national territory.

Article 19. Provision of information and communications.

1. In order to comply with Regulation (EEC) No 1164/89, the competent bodies of the Autonomous Communities shall send to the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Fisheries and Food corresponding to the results of the checks carried out, as well as the measures taken, where appropriate, for their mandatory transfer to the Commission, in respect of:

(a) The checks carried out on aid applications laid down in Article 12 of this Royal Decree. Such information shall be transmitted as a general rule by 15 March of the marketing year concerned and without delay in the event of any significant irregularities affecting 6 per 100 or more of the checks carried out.

(b) The checks carried out on the level of THC laid down in Article 15 of this Royal Decree.

This information shall be submitted before 15 January, and shall include at least the following data for each variety:

1. º Number of tests performed.

2. ° Results obtained by staggered THC levels of 0.1 per 100 in 0.1 per 100.

3. Measures taken.

c) The controls established in accordance with the provisions of Article 16 of this Royal Decree. Such information shall be forwarded as soon as it is available within the marketing year concerned and without delay in the event of significant irregularities affecting 6 per 100 or more of the checks carried out.

d) The application of extraordinary controls not indicated in this Royal Decree.

2. In order to comply with the necessary communications required by the Services of the European Commission, the competent bodies of the Autonomous Communities shall send to the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Fisheries and Power the following information:

a) Annual character information:

1. Before the campaign starts:

1. º Number of first authorized transformers.

2. ° Maximum authorized transformation capacities expressed in t/hour and in t/year.

2. Prior to August 15, the declared planting and growing areas and the number of declarations submitted.

3. Prior to 15 January in the case of flax and 15 February in the case of hemp, the areas which have applied for aid and the number of applications submitted.

4. Prior to March 15, flax and hemp surfaces for which, respectively, 1. No entitlement has been established.

2. No entitlement to the aid has not been recognised.

3. º The help was paid.

5. No later than the end of the second month of each marketing year: average yields estimated on rod, fibre and seed.

b) Monthly character information for each authorized first transformer:

1. ª Kilograms of rods, fibers, seeds, and other stored products.

2. ª Kilograms of processed rods.

3. ª Kilograms of each product obtained.

4. The most representative prices of the market for the different qualities of fibers and for the seeds.

For flax, the information shall be provided, where appropriate, by distinguishing unbroken linen from other types of flax.

In the event of any variation on the above information, it will be communicated as soon as possible.

Final disposition first. Competence title.

This Royal Decree is dictated by the habilitation contained in article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity.

Final disposition second. Development and implementation faculty.

The Minister of Agriculture, Fisheries and Food is empowered to dictate, in the field of his competence, the precise measures for the development and fulfillment of this Royal Decree and in particular to modify the dates of the presentation of the documents in a coordinated manner with what the Community rules set for this purpose.

Final disposition third. Entry into force.

This provision shall enter into force on the day following that of its publication in the Official Gazette of the State and shall apply from the 1999/2000 marketing year.

Given in Madrid to 12 November 1999.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

JESUS POSADA MORENO

ANNEX 1

Licensed varieties

Textile Flax Varieties hemp Varieties

Angelin. Beniko.

Argos. Bialobrzeskie.

Ariane. Carmagnola.

Aurore. Cs.

Belinka. Delta-Llosa.

Diane. Delta 405.

Diva. Dio88.

Electra. Epsilon 68.

Elise. Fasamo.

Escalin. Fedora 17.

Evelin. Fedora 19.

Exel. Fedrina 74.

Hermes. Felina 32.

Ilona. Feline 34.

Laura. Ferimon.

Liflax. Fibranova.

Liviola. Fibrimon 24.

Marina. Fibrimon 56.

Martta. Future.

Marylin. Future 75.

Natasja. Juso 14.

Nike. Kompolti.

Opaline. Lovrin 110.

Raisa. Santhica 23.

Regina. Use 31.

Venus.

Veralin.

Viking.

Viola.

ANNEX 2

Transform Authorization Request

(a) First name, surname and address of the first processor.

b) Relation of the products obtained as a result of the first process of separation of the fiber and the woody parts of the stem.

(c) If they differ from the first indent, the address of the place or places where the transformation takes place.

(d) Maximum surface whose production can be processed annually under normal performance conditions.

e) Description of the type and characteristics of the processing machinery.

f) Maximum transformation capacities, for each installed module, expressed in tons/hour and tons/year.

g) Maximum, minimum and mean indicative weight expressed in kilograms of rod necessary to obtain one kilogram of each of the products resulting from the transformation.

h) The storage capacity of the rod and the processed products.

i) A descriptive plan for transformation and storage facilities.

ANNEX 3

Request for help for textile linen and hemp

a) Species grown.

b) Name, surname and address of the applicant.

c) Surface in hectares and areas of harvested areas and their identification in the integrated management and control system.

d) Type of collection: Varila started or segmented (despomegranate or unbroken).

e) Type of flax harvested: Enriado without ungrainting or other different.

f) Date of the collection.

g) Date of removal from the field of the harvest (rod and/or grain).

h) Amount of rod and/or grain harvested.

i) Amount of rod and/or grain removed from the field.

j) Place of production storage (rod and/or grain).

k) In case production has been sold:

Name, last name and address of the buyer (rod and/or grain).

Note: In the case of flax, the surfaces of unbroken linen, of those of other different types, shall be resented independently.

ANNEX 4

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