26. 10. 88 Official Journal of the European Communities No C 276/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) laying down special measures for hemp seed 
COM(88) 480 final 
(Submitted by the Commission to the Council on 19 September 1988) 
(88/C 276/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the production of hemp seed is of importance 
to the economy of certain regions of the Community; 
whereas, in order to promote the expansion of this crop, 
which is subject to direct competition from hemp seed 
imported from third countries duty free, provision 
should be made for appropriate support; 
Whereas for this purpose the marketing of Community 
production must ensure producers fair income; whereas 
to this end aid should be granted for hemp seed 
produced in the Community; whereas in view of the 
characteristics of the crop a system for laying down the 
aid on a flat-rate basis should be provided for; whereas 
provision should be made to ensure that expenditure 
incurred by Member States as a result of the obligations 
arising out of the application of this Regulation becomes 
a charge on the Community in accordance with the 
Regulations on the financing of the common agricultural 
policy; 
Whereas certain varieties of hemp contain substances 
which may harm human health; whereas therefore the 
aid should be granted only for hemp presenting adequate 
guarantees as to the content of intoxicating substances in 
the product as harvested; Whereas, in order to ensure that the measures provided 
for in this Regulation are applied under optimum 
conditions during the 1988/89 marketing year, transi­
tional measures are necessary; whereas therefore a 
flat-rate aid per hectare should be granted for that 
marketing year, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. Every year before 1 August, an aid for hemp seed 
falling within CN code 1207 99 91 shall be fixed for the 
Community, for the followig marketing year, in 
accordance with the procedure laid down in Article 43 
(2) of the Treaty. The aid shall be fixed at a level which 
is fair to producers, account being taken of the supply 
requirements of the Community. 
2. The aid shall be granted only for seed of varieties 
providing certain safeguards to be determined in respect 
of the content of intoxicating substances in the product 
harvested. 
3. The aid shall continue to apply throughout the 
marketing year in question; this shall cover the period 
1 August to 31 July, unless otherwise decided by the 
Council acting by a qualified majority on a proposal 
from the Commission. 
Article 2 
1. The aid shall be granted for a production figure 
obtained by applying an indicative yield to the surface 
areas sown and harvested. The indicative yield may be 
differentiated taking into account the yield ascertained in 
the major producing areas in the Community. 
No C 276/6 Official Journal of the European Communities 26. 10. 88 
2. The Council, acting by a qualified majority on a 
proposal from the Commission, shall lay down general 
rules in accordance with which the aid shall be granted 
and the rules for checking areas sown and harvested 
within the Community with a view to establishing eligi­
bility for the aid. 
3. The following shall be determined in accordance 
with the procedure laid down in Article 12 of Council 
Regulation (EEC) No 1308/70 of 29 June 1970 on the 
common organization of the market in flax and 
hemp ('): 
(a) the indicative yield; 
(b) detailed rules for the application of this Article. 
Article 3 
The Member States and the Commission shall 
communicate to each other the information necessary for 
the application of this Regulation. This information shall 
be decided upon in accordance with the procedure laid 
down in Article 12 of Regulation (EEC) No 1308/70. 
Detailed rules concerning the communication and 
dissemination of this information shall be adopted in 
accordance with the same procedure. 
Article 4 
The provisions on the financing of the common agri­
cultural policy shall apply to the system of aid provided 
for in this Regulation. Article 5 
1. By way of derogation from this Regulation, the aid 
for hemp seed in respect of the 1988/89 marketing year 
shall be 161,5 ECU/hectare. The aid shall be granted to 
the producer in respect of the areas eligible for the aid 
provided for in Article 4 of Regulation (EEC) No 
1308/70 where the producer demonstrates to the satis­
faction of the Member State concerned that normal 
operations for harvesting the seed have been carried out. 
2. The operative event within the meaning of Article 5 
of Regulation (EEC) No 1676/85 (2) as regards eligi­
bility for the aid for hemp seed for the 1988/89 
marketing year shall be deemed to have occurred on 
1 September 1988. 
Article 6 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
It shall apply for the first time to hemp seed harvested 
during the 1988/89 marketing year. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
0) OJ No L 146, 4. 7. 1970, p. 1. (2) OJ No L 164, 24. 6. 1985, p. 1.