Commission Regulation (EC) No 587/2001 of 26 March 2001 amending Regulation (EC) No 2461/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 as regards the use of land set aside for the production of raw materials for the manufacture within the Community of products not primarily intended for human consumption
Date: 2001-03-26
Institutions: European Commission
Subjects: agricultural product, crop production, fallow, land use, raw material

27.3.2001

EN

Official Journal of the European Communities

L 86/15

COMMISSION REGULATION (EC) No 587/2001

of 26 March 2001

amending Regulation (EC) No 2461/1999 laying down detailed rules for the application of Council
Regulation (EC) No 1251/1999 as regards the use of land set aside for the production of raw
materials for the manufacture within the Community of products not primarily intended for
human consumption

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1251/1999 of 17
May 1999 establishing a support system for producers of
certain arable crops (1), as last amended by Regulation (EC) No
1672/2000 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

Hemp falling within CN code 5302 has found some new
industrial uses, for example in insulating panels or in
brick manufacture, without there being a need, in certain
cases, to separate the fibre from the woody portion of
the stalk. This is a non-food use meeting the objectives
of Commission Regulation (EC) No 2461/1999 of 19
November 1999 laying down detailed rules for the
application of Council Regulation (EC) No 1251/1999 as
regards the use of land set aside for the production of
raw materials
the
Community of products not primarily intended for
human consumption (3), as last amended by Regulation
(EC) No 2555/2000 (4).

the manufacture within

for

Until the end of the 2000/01 marketing year, hemp
intended for this kind of use qualifies for Community
aid under the common organisation of the market in
flax and hemp governed by Council Regulations (EEC)
No 1308/70 (5), as last amended by Regulation (EC) No
2826/2000 (6), and (EEC) No 619/71 (7), as last amended
by Regulation (EC) No 1420/98 (8), and Commission
Regulation (EEC) No 1164/89 (9), as last amended by
Regulation (EC) No 1313/2000 (10). With effect from the
2001/02 marketing year, hemp will be included in the
support system for producers of certain arable crops
established by Regulation (EC) No 1251/1999. However,
only hemp intended for fibre production will qualify for
the area aid provided for in that Regulation and the
processing aid provided for in Council Regulation (EC)

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 193, 29.7.2000, p. 13.
(3) OJ L 299, 20.11.1999, p. 16.
(4) OJ L 292, 21.11.2000, p. 18.
(5) OJ L 146, 4.7.1970, p. 1.
(6) OJ L 328, 13.12.2000, p. 2.
(7) OJ L 72, 26.3.1971, p. 2.
(8) OJ L 19, 4.7.1998, p. 7.
(9) OJ L 121, 29.4.1989, p. 4.
(10) OJ L 148, 22.6.2000, p. 34.

No 1673/2000 of 27 July 2000 on the common organ-
isation of the markets in flax and hemp grown for
fibre (11). As there is no risk under the circumstances of
multiple payments of Community aid as excluded by
Regulation (EC) No 2461/1999, hemp for processing
into products not covered by Regulation (EC) No 1673/
2000 can be added to Annex I to Regulation (EC) No
2461/1999.

To prevent the growing of illegal varieties of hemp, the
cultivation terms and specific control measures laid
down for hemp for fibre production under Regulation
(EC) No 1251/1999 and Commission Regulation (EC)
No 2316/1999 (12), as last amended by Regulation (EC)
No 2860/2000 (13), should be imposed.

Moreover, new heating technology has been developed
whereby heaters can now use totally unprocessed cereals
or certain oilseeds such as soya beans or rape, colza or
sunflower seeds as fuel. Those raw materials can also be
processed on farm for the production of biofuels such as
raw colza oil or for power production, for example
electricity. The use of those raw materials, which have a
high heat value, is a non-food use meeting the objectives
of Regulation (EC) No 2461/1999.

To facilitate the use of
those raw materials as fuel,
Member States should be allowed to authorise the
burning of cereals or certain oilseeds harvested on an
applicant's set-aside land in heaters used on the appli-
cant's agricultural holding.

To prevent those raw materials being used for other
purposes, the Member States must take the necessary
steps to ensure that the measures laid down for the
grant of aid are properly applied and provide in partic-
ular for the denaturing of the cereals or oilseeds.

(3)

(4)

(5)

(6)

(7)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Cereals,

(11) OJ L 193, 29.7.2000, p. 16.
(12) OJ L 280, 30.10.1999, p. 43.
(13) OJ L 332, 28.12.2000, p. 63.

L 86/16

EN

Official Journal of the European Communities

27.3.2001

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2461/1999 is amended as follows:

1. The following paragraph 1a is added to Article 3:

‘1a.
In the case of a hemp crop, payment shall also be
subject to the use of varieties whose tetrahydrocannabinol
content does not exceed 0,2 % and which are listed in
Annex XII to Regulation (EC) No 2316/1999 on 15 May
preceding the marketing year for which the payment is
sought. The seeds of these varieties must have been certified
in accordance with Council Directive 69/208/EEC (*).

With a view to the controls laid down in Article 21a of this
Regulation, the hemp must continue growing for at least a
further 10 days after flowering. However, the Member State
may permit the hemp to be harvested before this 10-day
the producer in question has already been
deadline if
the controls under
checked under Article 21a or if all
Article 21a have been completed.

(*) OJ L 169, 10.7.1969, p. 3.’

The measures as provided for in the preceding subpara-
graphs and any amendments thereto shall be notified to
the Commission by 30 November of the year preceding
the harvest year to which these measures apply.
In the
case of the 2001/02 marketing year, the measures shall
be communicated before 31 May 2001.

Articles 4 to 21 shall apply mutatis mutandis.’

3. The following paragraph is added to the end of Article 5:

‘In the case of a hemp crop, the application must also:

(a) provide information on the quantities of seed used, in

kilograms per hectare;

(b) be accompanied by the official

introduced
under Article 10 of Directive 69/208/EEC or by
provisions adopted pursuant to that Article, appearing
on the packaging of the seed used.

labels

Where sowing takes place after the final date for lodging
payment applications, the labels must be lodged no later
than 30 June following the lodgement of the application.

Member States may lay down that the labels are to be
returned to the grower after their presentation to the
competent authorities in cases where they need to be
presented to other national authorities.’

2. Article 3(4) is replaced by the following:

4. The following Article 21a is added to Section 9 of

Paragraphs 2 and 3 notwithstanding, Member States

‘4.
may permit applicants:

Chapter II:

‘Article 21a

(a) to use all

the cereals or all

falling
within CN codes 1201 00 90, ex 1205 00 90 and
1206 00 91 harvested on certain set-aside land:

the oilseeds

(i) as fuel for heating their agricultural holding,

(ii) for the production on the holding of power or

biofuels;

(b) to process

into biogas

2711 29 00, on their holdings, all
harvested on certain set-aside land.

falling within CN code
the raw material

In this case applicants shall undertake, by way of a
declaration in place of the contract referred to in Article
4, to use or process directly the raw material covered by
the declaration.

Member States applying the first subparagraph shall intro-
duce adequate control measures to ensure that the raw
material
is directly used on the holding or is processed
into biogas falling within CN code 2711 29 00. Further-
more, cereals or oilseeds used directly on the holding as
fuel must be denatured in accordance with the method
laid down by the Member State.

In the case of hemp crops, the system for checking the
hemp's tetrahydrocannabinol content established by the
Member States for hemp for fibre production in accord-
ance with Article 5a(2) of Regulation (EC) No 1251/1999
and Article 7b(1) and (2) of Regulation (EC) No 2316/
1999 shall also apply.’

5. The following CN code is added to Annex I:

‘ex 5302 10 00 True hemp, raw or retted for processing
into products not covered by Regulation
(EC) No 1673/2000

(Cannabis sativa L.)’

Article 2

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

27.3.2001

EN

Official Journal of the European Communities

L 86/17

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

Done at Brussels, 26 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission