WRITTEN QUESTION E-1315/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(8 May 2002)

Subject: Swedish ban on cultivation of low-THC hemp

In view of the importance of protecting people's lives and health by taking measures to combat drug misuse, and of the obvious difficulties of carrying out checks involved in authorising the cultivation of low-THC hemp, the Swedish Government has considered it warranted not to allow such cultivation in the country. The Swedish Government and a large majority in the Swedish Riksdag have no intention of altering the Swedish rules at the present time.

However, the Swedish ban on hemp-growing is currently under consideration in the Court of Justice and Sweden may possibly be compelled by a court judgment to review its decision. Can the Commission envisage submitting a proposal to the Council for a decision which gives the Member States the right to make their own decisions whether to authorise or ban the cultivation of low-THC hemp?

Joint answerto Written Questions E-1313/02, E-1315/02 and E-1316/02given by Mr Fischler on behalf of the Commission

(21 June 2002)

Hemp (Cannabis sativa) features in the following Community agricultural legislation:

- Council Regulation (EC) No 1673/2000 of 27 July 2000 on common organisation of the markets in flax and hemp grown for fibre(1). This provides for processing aid for hemp grown for fibre production.

- Council Regulation (EC) No 1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops(2), as amended by Council Regulation (EC) No 1672/2000 of 27 July 2000(5).

- Council Regulation (EEC) No 2358/71 of 26 October 1971 on common organisation of the market in seeds(3). Aid can be given for production of certified seed of fibre flax.

- Commission Regulation (EC) no 2461/1999 of 19 November 1999 laying down detailed rules for application of Council Regulation (EC) No 1251/1999 as regards the use of set aside land for production of raw materials used for manufacture in the Community of products not primarily intended for human or animal consumption(4).

The provision embodied in these Regulations supports hemp grown to produce fibre and other raw materials but eliminate the risk to health by imposing very strict terms on the aid, the only eligible varieties being those with a very low tetrahydrocannabinol (THC) content (0,2 %).

The Council also requires Member States to introduce a rigorous inspection system, application of which lead to withdrawal of varieties with a THC content above 0,2 %.

Sweden's legislation on the other hand prohibits growing and processing of any hemp except under authorisation granted for very specific utilisations.

As a result it is impossible for hemp seed intended for fibre production to be imported into Sweden.

As the Honourable Member mentions the Swedish authorities have referred to the Court of Justice for a preliminary ruling a number of questions relating to conformity of the national prohibition on hemp cultivation with Community law.

Pending the Court's ruling the Commission does not intend to propose any change in the provisions in force.

(1) OJ L 193, 29.7.2000.

(2) OJ L 160, 26.6.1999.

(3) OJ L 246, 5.11.1971.

(4) OJ L 299, 20.11.1999.

(5) OJ L 193, 29.7.2000.