WRITTEN QUESTION E-2127/02

by Chris Davies (ELDR) to the Commission

(17 July 2002)

Subject: Hemp products

The shelled hemp seed is rich in protein, fibre, minerals, vitamin E, iron and the fatty acids Omega 3 and 6. Currently in the United States, products such as food, soaps, cosmetics and clothes which contain hemp may be outlawed as minute traces (1-10 parts per million) from the bract dust on seed means that hemp products can give false positive tests of THC, the illegal hallucinogenic, in a person.

What approach does the Commission take to the marketing of hemp products in the European Union?

Answer given by Mr Fischler on behalf of the Commission

(23 September 2002)

Within the frame of the Common Agricultural Policy, the production of hemp is subject to very strict community legislation as regards the tetrahydrocannabinol (THC) content.

On the one hand, hemp is covered by Council Regulation (EC) No 1251/1999 of 17 May 1999(1), establishing a support system for producers of certain arable crops. Under the terms of this Regulation, a hemp producer can request an area payment if he observes certain conditions. These concern in particular the use of varieties that have a very low THC content not exceeding 0,2 % and which are listed in annex XII to Commission Regulation (EC) No 2316/1999 of 22 October 1999, laying down detailed rules for the application of Regulation (EC) No 1251/1999(2). Member States have to implement a specific control system on the THC content of the hemp plants, based on a sampling and analysis procedure defined at the Community level, which can result in the withdrawal of certain varieties from the list of approved varieties if it is established that the THC limit is exceeded. But for example, since hemp stems do not contain THC, hemp fibres used to manufacture clothes cannot contain it either.

On the other hand, hemp is also subject to Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre(3). An aid can be granted to authorised primary processors who obtain hemp fibres, only from hemp grown under Regulation (EC) No 1251/1999, i.e. not exceeding 0,2 % THC.

Council Regulation (EC) No 1673/2000 also stipulates specific provisions with regard to hemp imports. In particular, imports of raw hemp and hemp seeds intended for sowing must respect the 0,2 % THC limit. For their part, imports of hemp seeds not intended for sowing can only be carried out by importers approved to this end. These importers have to provide the competent authorities with the documents attesting that the imported seeds have not been used for sowing.

In addition, hemp is also covered by Council Regulation (EEC) No 2358/71 of 26 October 1971, on the common organisation of the market in the seeds(4). An aid can be granted for the production of seeds intended for sowing of hemp varieties covered by Council Regulation (EC) No 1251/1999 above mentioned.

Under these conditions, no significant traces of THC should be found on hemp products obtained from hemp grown in the Community or from imported raw hemp or hemp seeds, falling under the above-mentioned legislation. In addition, these insignificant traces of THC could not give any possibility to make drug.

(1) OJ L 160, 26.6.1999.

(2) OJ L 280, 30.10.1999.

(3) OJ L 193, 29.7.2000.

(4) OJ L 246, 5.11.1971.