Council Regulation (EC) No 1672/2000 of 27 July 2000 amending Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops, to include flax and hemp grown for fibre
Date: 2000-07-27
Institutions: Council of the European Union
Subjects: aid per hectare, cereals, oleaginous plant, producer organisation, regional aid, seed flax

29.7.2000

EN

Official Journal of the European Communities

L 193/13

COUNCIL REGULATION (EC) No 1672/2000

of 27 July 2000

amending Regulation (EC) No 1251/1999 establishing a support system for producers of certain
arable crops, to include flax and hemp grown for fibre

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Having regard to the opinion of
Regions (4),

the Committee of

the

Whereas:

(1)

(2)

(3)

(4)

The common agricultural policy aims to attain the
objectives referred to in the Treaty, taking account of the
market situation.

The flax and hemp sector has undergone profound
changes since the entry into force of Council Regulation
(EEC) No 1308/70 of 29 June 1970 on the common
organisation of the market in flax and hemp (5). In addi-
tion to the traditional production of long flax fibre for
textiles and the traditional uses of hemp fibres, flax and
hemp are now also being grown for a new market in
short fibres. Since these short fibres can be used for new
materials,
their production should be encouraged in
order also to promote innovative markets offering a
future.

Given its attractiveness, the aid provided for in Regula-
tion (EEC) No 1308/70 has given rise, in some Member
States, to purely speculative production. Steps taken to
combat this phenomenon have further complicated the
legislation governing this sector and have not always
had the desired success.

In order to solve the problems facing the market in flax
and hemp grown for fibre, the amount of aid granted to
the growers concerned should be comparable to that for
competitor crops. To that end, and with a view to

(1) OJ C 56 E, 29.2.2000, p. 17.
(2) Opinion delivered on 6 July 2000 (not yet published in the Official

Journal).

(3) OJ C 140, 18.5.2000, p. 3.
(4) Opinion delivered on 14 June 2000 (not yet published in the Offi-

simplifying the applicable legislation, these crops should
be included in the support system for producers of
certain arable crops established by Regulation (EC) No
1251/1999 (6). Moreover, where there is a need to
ensure continued production, Council Regulation (EC)
No 1673/2000 of 27 July 2000 on the common organ-
in flax and hemp grown for
isation of
fibre (7) provides for aid for processing flax and hemp
straw. Aid for processing should lead to an increase in
the purchase price of flax and hemp straw and make
production more profitable for producers.

the market

To ensure a smooth transition to the level of support
granted for cereals and to solve the current problems
caused by the existence of different aid schemes for fibre
flax and seed flax, the payments for flax and hemp
grown for fibre should be the same as those granted for
linseed, which must themselves be aligned with those for
cereals by the 2002/2003 marketing year. Additional aid
in Finland and Sweden, as envisaged for competing
crops in Article 4 of Regulation (EC) No 1251/1999, is
also justified in the case of flax and hemp.

To take account of the recent establishment of flax and
hemp production in particular near processing plants,
eligibility for the scheme laid down in Regulation (EC)
No 1251/1999 should be extended to cover the areas
and crops in question.

To avert the danger that the aims of Regulation (EC) No
1251/1999 might be circumvented, the granting of the
per-hectare aid for flax and hemp grown for fibre should
be made subject to certain conditions as regards cultiva-
tion.

Specific measures should be laid down for hemp, to
ensure that illegal crops cannot be hidden among the
crops eligible for area payments, thereby disturbing the
common market organisation for hemp. Provision must
therefore be made for area payments to be granted only
for areas sown to varieties of hemp offering certain
guarantees with regard to the psychotropic substance
content.

(5)

(6)

(7)

(8)

cial Journal).

(6) OJ L 160, 26.6.1999, p. 1. Regulation as amended by Regulation

(5) OJ L 146, 4.7.1970, p. 1. Regulation as last amended by Regulation

(EC) No 2704/1999 (OJ L 327, 21.12.1999, p. 12).

(EC) No 2702/1999 (OJ L 327, 14.12.1999, p. 7).

(7) See page 16 of this Official Journal.

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Official Journal of the European Communities

29.7.2000

(9)

In order that the quantities eligible for straw-processing
aid under Regulation (EC) No 1673/2000 can be moni-
tored, straw production must be linked to the area on
which it is grown and producers should have imposed
on them obligations which are reciprocal
to those
imposed on the producers involved,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1251/1999 is hereby amended as follows:

1. Article 4(2) shall be replaced by the following:

‘2.
The calculation mentioned in paragraph 1 shall be
made using the average cereals yield. However, where maize
is treated separately, the “maize” yield shall be used for
maize and the “cereals other than maize” yield shall be used
for cereals, oilseeds, linseed and flax and hemp grown for
fibre.’

2. In the first subparagraph of Article 4(3), the words ‘for
linseed’ shall be replaced by ‘for linseed and flax and hemp
grown for fibre’.

cultural purposes. However, applications for payments for
areas used for growing flax or hemp for fibre and, if appro-
priate,
for obligatory set-aside relating to it may be
presented for land which benefited from aid granted under
Council Regulation (EEC) No 1308/70 of 29 June 1970 on
in flax and
the common organisation of
hemp (*) during at least one of the marketing years from
1998/1999 to 2000/2001.

the market

(*) OJ L 146, 4.7.1970, p. 1. Regulation as last amended
L 327,

by Regulation (EC) No 2702/1999 (OJ
14.12.1999, p. 7).’

6. Article 9 shall be amended as follows:

(a) in the first subparagraph, the following indents shall

be inserted after the sixth indent:

‘— with regard to flax and hemp grown for fibre,
those relating to the arrangements for contracts
and to the commitment
referred to in Article
5a(1),

— with regard to hemp grown for

specific
determining

fibre,

control measures

those
and
tetrahydrocannabinol

relating to the
methods
levels.’;

for

(b) the first indent of the second subparagraph shall be

replaced by the following:

3. Article 4(4) shall be replaced by the following:

‘— either make the granting of payments subject to

‘4.
In Finland, and in Sweden north of the 62nd Parallel
and some adjacent areas affected by comparable climatic
conditions rendering agricultural activity particularly diffi-
cult, a supplementary amount
to the area payment of
EUR 19 per tonne, multiplied by the yield utilised for the
area payments, shall be applied for cereals, oilseeds, linseed
and flax and hemp grown for fibre.’

4. The following Article shall be added:

‘Article 5a

1.
For flax and hemp grown for fibre, the area payment
shall be made only, depending on circumstances, when the
contract is concluded or commitment made as referred to in
Article 2(1) of Regulation (EC) No 1673/2000.

For hemp grown for fibre, the area payment shall also be
made only where the varieties used have a tetrahydrocanna-
binol content not exceeding 0,2 %.

2. Member States shall establish a system for verifying
the tetrahydrocannabinol content of the crops grown on at
least 30 % of the areas of hemp grown for fibre for which
area payment applications have been made. However, if a
Member State introduces a system of prior approval for
such cultivation, the minimum shall be 20 %.’

the use of:

(i) specific seeds;

(ii) certified seed in the case of durum wheat and

flax and hemp grown for fibre;

(iii) certain varieties

durum wheat,
grown for fibre,

in the

cases of oilseeds,
linseed and flax and hemp

— or provide for the possibility for Member States to
to such

make the grant of payments
conditions,’.

subject

7. Point IV in Annex I shall be replaced by the following:

‘CN code

Description

IV. FLAX

ex 1204 00

Linseed
(Linum usitatissimum L.)

ex 5301 10 00

Flax, raw or retted, grown for fibre
(Linum usitatissimum L.)

5. The first subparagraph of Article 7 shall be replaced by the

V. HEMP

following:

‘Applications for payments may not be made in respect of
land which, on 31 December 1991, was under permanent
pasture, permanent crops or trees or was used for non-agri-

ex 5302 10 00

Hemp, raw or retted, grown for fibre
(Cannabis sativa L.)’

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Official Journal of the European Communities

L 193/15

In accordance with the third subparagraph of Article 3(6) of Regulation (EC) No 1251/1999, Member
States shall submit to the Commission any revisions of their regionalisation plans required for incorpor-
ating the data on flax and hemp for fibre by 1 October 2000 at the latest.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European
Communities.

It shall apply from the 2001/2002 marketing year.

Article 3

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 July 2000.

For the Council

The President

H. VÉDRINE