WRITTEN QUESTION E-1313/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(7 May 2002)

Subject: Swedish exemption for hemp seed

At the present time, there are no provisions governing the cultivation of hemp in Swedish legislation. On 27 April 1999, Sweden notified an exemption for hemp seed pursuant to Article 4 of Regulation (EEC) No 334/93(1) laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption. According to the Swedish Ministry of Health and Social Affairs, the notification has not been answered and, according to the provisions of the Regulation, has therefore received the Commission's approval.

Does the Commission share the view that it is therefore correct that Sweden need not incorporate any provisions concerning the cultivation of hemp into Swedish law?

(1) OJ L 38, 16.2.1993, p. 12.

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.