2001R1093 — EN — 30.10.2001 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No1093/2001
of1June2001
amendingRegulation (EC)No 245/2001 laying downdetailed rules for the application ofCouncil
Regulation(EC)No1673/2000onthecommonorganisationofthemarketsinflaxandhempgrown
forfibre
(OJ L 150, 6.6.2001, p. 17)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2105/2001 of 26 October 2001 L 283 11 27.10.2001
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COMMISSIONREGULATION(EC)No1093/2001
of1June2001
amending Regulation (EC) No 245/2001 laying downdetailed rules
fortheapplicationofCouncilRegulation(EC)No1673/2000onthecommon organisation of the markets in flax and hemp grown for
fibre
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1673/2000 of 27 July
2000 on the common organisation of the markets in flax and hempgrown for fibre(
1), and in particular Articles 9 and 14 thereof,
Whereas:
(1)With a view to clarifying certain provisions of Commission
Regulation (EC) No 245/2001(2) laying down detailed rules for
the application of Council Regulation (EC) No 1673/2000, anumber of amendments need to be made to the text of theRegulation.
(2)Article 5 of Regulation (EC) No 1673/2000 lays down certainprovisions in order to prevent illicit hemp crops from disturbingthe market in hemp for fibre. The Article thus provides for the
issue of a licence for imported hemp and the establishment of a
system of checks on imported raw hemp and hemp seed andrestricts the import of hemp seed other than for sowing toauthorised importers. A standard licence establishing thecompliance of imported hemp with the conditions laid down
should therefore be provided for. The establishment by the
Member States concerned of a system of checks on importedhemp and arrangements for the authorisation of importers ofhemp seed other than for sowing should also be provided for.Provisions should also be laid down to cover trade between theMember States in such seed.
(3)To allow Member States and operators to adjust to the new
provisions relating to imports of hemp, provision should be made
for them to apply from 1 November 2001. The control measuresin force before that date must therefore remain applicable until 31October 2001.
(4)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Flax and
Hemp,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 245/2001 is amended as follows:
1. In Article 6(2)(e), the words ‘and processing contracts’ are inserted
after the word ‘straw’.
2. Article 15(1)(c) is replaced by the following text:
‘(c) for each marketing year, a summary statement of the quantities
of long flax fibre, short flax fibre and hemp fibre obtained from
straw of Community origin in storage at the end of the periodconcerned.’2001R1093 — EN — 30.10.2001 — 001.001 — 2
(1) OJ L 193, 29.7.2000, p. 16.
(2) OJ L 35, 6.2.2001, p. 18.
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3. The following Article 17ais a dded:
‘Article 17a
Importedhemp
1. The licence referred to in the first subparagraph of Article 5(2)
of Regulation (EC) No 1673/2000 shall be drawn up in accordance
with the model given in the Annex hereto. The licence shall be issuedonly where it has been proven to the satisfaction of the importerMember State that all the conditions laid down have been fulfilled.
Without prejudice to paragraph 2, the Member States concerned shall
lay down the conditions to be fulfilled by the licence application andthe issue and use of the licence. However, boxes 1, 2, 4, 14, 15, 16,17, 18, 20, 24 and 25 of the licence form must be filled in.
The system of checks referred to in the second subparagraph of
Article 5(2) of Regulation (EC) No 1673/2000 shall be established byeach Member State concerned.
2. For the purposes of the third indent of Article 5(2) of
Regulation (EC) No 1673/2000, the Member States concerned shallestablish arrangements for the authorisation of importers of hempseed other than for sowing. Those arrangements shall include thedefinition of the conditions for authorisation, checks and the penalties
to be applied in cases of irregularity.
In the case of imports of hemp seed as referred to in the first
subparagraph, the licence referred to in paragraph 1 shall be issuedonly where the authorised importer undertakes that the competent
authorities will be presented, within the time limits and under the
conditions defined by the Member State, with documents attestingthat the hemp seed covered by the licence has undergone, within aperiod of less than 12 months from the date on which the licence isissued, one of the following operations:
— rendering unusable for sowing,
— mixing with seed other than hemp seed for the purposes of animal
nutrition, with hemp seed accounting for a maximum of 15 % ofthe total mixture and, in exceptional cases, a maximum of 25 % atthe request of the authorised importer accompanied by justifica-tion,
— re-export to anon-Community country.
However, if part of the hemp seed covered by the licence has not
undergone one of the operations referred to in the previoussubparagraph within the time limit of 12 months, the Member State
may, at the request of the authorised importer accompanied by
justification, extend that time limit by one or two periods of sixmonths.
The attestations referred to in the second subparagraph shall be drawn
up by the operators who have carried out the operations and shallcomprise at least the following information:
— the name, full address, Member State and signature of the
operator,
— a description of the operation carried out meeting the conditions
laid down in the second subparagraph and the date on which it
was carried out,
— the quantity in kilograms of hemp seed to which the operation
related.
3. On the basis of a risk analysis, each Member State concerned
shall carry out checks on the accuracy of the attestations relating tothe operations referred to in the second subparagraph of paragraph 2carried out on their territory.
Where appropriate, the importer Member State shall send the
Member State concerned copies of the attestations concerning theoperations carried out on the latter's territory and submitted byauthorised importers. Where irregularities are discovered during thechecks referred to in the first subparagraph, the Member State2001R1093 — EN — 30.10.2001 — 001.001 — 3
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concerned shall inform the competent authority of the importer
Member State.
4. Member States shall notify the Commission of the provisions
adopted for the application of paragraphs 1 and 2.
No later than 31 January each year the Member States shall notify the
Commission of the penalties imposed or steps taken as a result ofirregularities discovered during the preceding marketing year.
The Member States shall send the Commission, which shall forward
them to the other Member States, the names and addresses of theauthorities responsible for issuing licences and for the checks referredto in this Article.’
4. The third paragraph of Article 19 is replaced by the following text:
‘Regulations (EEC) No 1523/71, (EEC) No 1164/89, (EEC) No 1784/
93 and (EC) No 452/1999 shall continue to apply for the 1998/99,1999/2000 and 2000/01 marketing years.’
Article 2
This Regulation shall enter into force on the 20th day following its
publication in the Official Journal of the European Communities .
It shall apply from the 2001/02 marketing year. However, Article 1(3)
shall apply only with effect from ►
M11 May 2002 ◄and the
national control measures in force on 30 June 2001 shall apply to
imports of hemp effected up to ►M130 April 2002 ◄.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R1093 — EN — 30.10.2001 — 001.001 — 4
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ANNEX
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