THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 3698/88 of 24 November 1988 laying down special measures for hemp seed1, as amended by Regulation (EEC) No 2050/922, and in particular Article 2 (3) thereof,

Whereas Article 2 of Commission Regulation (EEC) No 3164/89 of 23 October 19893 provides in particular that the aid for hemp seed is only to be granted in respect of areas covered by declarations of areas sown in accordance with Article 5 of Regulation (EEC) No 1164/89 of 28 April 1989 laying down detailed rules concerning the aid for fibre flax and hemp4, as last amended by Regulation (EEC) No 3569/925; whereas those provisions provide, taking account of the need both for proportionality and for the aid scheme in question to operate properly, for a proportion of the flat-rate aid per hectare for hemp to be forfeited depending on the length of the delay in submitting declarations; whereas for the same reasons provision should also be made for a variation in the amount of the aid for hemp seed to be forfeited;

Whereas as a consequence the provisions in question should be amended and parties concerned who submit applications before a given date should qualify under the measure from the 1991/92 marketing year;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION: