Commission Regulation (EC) No 1093/2001 of 1 June 2001 amending Regulation (EC) No 245/2001 laying down detailed rules for the application of Council Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre
Date: 2001-06-01
Institutions: European Commission
Subjects: common organisation of markets, flax, hemp, import licence, textile fibre

6.6.2001

EN

Official Journal of the European Communities

L 150/17

COMMISSION REGULATION (EC) No 1093/2001

of 1 June 2001

amending Regulation (EC) No 245/2001 laying down detailed rules for the application of Council
Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp
grown for fibre

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard 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 (1), and in particular Articles 9 and
14 thereof,

Whereas:

Article 1

Regulation (EC) No 245/2001 is amended as follows:

1. In Article 6(2)(e), the words ‘and processing contracts’ are

inserted after the word ‘straw’.

2. Article 15(1)(c) is replaced by the following text:

(1) With a view to clarifying certain provisions of Commis-
sion Regulation (EC) No 245/2001 (2)
laying down
detailed rules for the application of Council Regulation
(EC) No 1673/2000, a number of amendments need to
be made to the text of the Regulation.

‘(c) for each marketing year, a summary statement of the
quantities of long flax fibre, short flax fibre and hemp
fibre obtained from straw of Community origin in
storage at the end of the period concerned.’

(2)

Article 5 of Regulation (EC) No 1673/2000 lays down
certain provisions in order to prevent illicit hemp crops
from disturbing the market
in hemp for fibre. The
Article thus provides for the issue of a licence for
imported hemp and the establishment of a system of
checks on imported raw hemp and hemp seed and
restricts the import of hemp seed other than for sowing
to authorised importers. A standard licence establishing
the compliance of imported hemp with the conditions
laid down should therefore be provided for. The estab-
lishment by the Member States concerned of a system of
checks on imported hemp and arrangements for the
authorisation of importers of hemp seed other than for
sowing should also be provided for. Provisions should
also be laid down to cover trade between the Member
States in such seed.

(3)

To allow Member States and operators to adjust to the
new provisions relating to imports of hemp, provision
should be made for them to apply from 1 November
2001. The control measures in force before that date
therefore remain applicable until 31 October
must
2001.

(4)

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

(1) OJ L 193, 29.7.2000, p. 16.
(2) OJ L 35, 6.2.2001, p. 18.

3. The following Article 17a is added:

‘Article 17a

Imported hemp

1.
The licence referred to in the first subparagraph of
Article 5(2) of Regulation (EC) No 1673/2000 shall be
drawn up in accordance with the model given in the Annex
hereto. The licence shall be issued only where it has been
proven to the satisfaction of the importer Member State that
all the conditions laid down have been fulfilled.

Without prejudice to paragraph 2,
the Member States
concerned shall lay down the conditions to be fulfilled by
the licence application and the issue and use of the licence.
However, boxes 1, 2, 4, 14, 15, 16, 17, 18, 20, 24 and 25
of the licence form must be filled in.

The system of checks referred to in the second subpara-
graph of Article 5(2) of Regulation (EC) No 1673/2000
shall be established by each Member State concerned.

2.
For the purposes of the third indent of Article 5(2) of
the Member States
Regulation (EC) No 1673/2000,
concerned shall establish arrangements for the authorisation
of importers of hemp seed other than for sowing. Those
arrangements shall include the definition of the conditions
for authorisation, checks and the penalties to be applied in
cases of irregularity.

L 150/18

EN

Official Journal of the European Communities

6.6.2001

In the case of imports of hemp seed as referred to in the
first subparagraph, the licence referred to in paragraph 1
shall be issued only where the authorised importer under-
takes that
the competent authorities will be presented,
within the time limits and under the conditions defined by
the Member State, with documents attesting that the hemp
seed covered by the licence has undergone, within a period
of less than 12 months from the date on which the licence
is issued, one of the following operations:

— rendering unusable for sowing,

— mixing with seed other than hemp seed for the purposes
of animal nutrition, with hemp seed accounting for a
maximum of 15 % of the total mixture and, in excep-
tional cases, a maximum of 25 % at the request of the
authorised importer accompanied by justification,

— re-export to a non-Community country.

However, if part of the hemp seed covered by the licence
has not undergone one of the operations referred to in the
previous subparagraph within the time limit of 12 months,
the Member State may, at the request of the authorised
importer accompanied by justification, extend that
time
limit by one or two periods of six months.

The attestations referred to in the second subparagraph shall
be drawn up by the operators who have carried out the
operations and shall comprise at least the following infor-
mation:

— the name, full address, Member State and signature of

the operator,

— a description of the operation carried out meeting the
conditions laid down in the second subparagraph and
the date on which it was carried out,

— the quantity in kilograms of hemp seed to which the

operation related.

3.
On the basis of a risk analysis, each Member State
concerned shall carry out checks on the accuracy of the
attestations relating to the operations referred to in the

second subparagraph of paragraph 2 carried out on their
territory.

Where appropriate, the importer Member State shall send
the Member State concerned copies of
the attestations
concerning the operations carried out on the latter's terri-
tory and submitted by authorised importers. Where irregu-
larities are discovered during the checks referred to in the
first
the Member State concerned shall
inform the competent authority of the importer Member
State.

subparagraph,

4. Member States shall notify the Commission of the
provisions adopted for the application of paragraphs 1
and 2.

No later than 31 January each year the Member States shall
notify the Commission of the penalties imposed or steps
taken as a result of
irregularities discovered during the
preceding marketing year.

The Member States shall send the Commission, which shall
forward them to the other Member States, the names and
addresses of the authorities responsible for issuing licences
and for the checks referred to in this Article.’

4. The third paragraph of Article 19 is replaced by the

following text:

‘Regulations (EEC) No 1523/71, (EEC) No 1164/89, (EEC)
No 1784/93 and (EC) No 452/1999 shall continue to apply
for the 1998/99, 1999/2000 and 2000/01 marketing years.’

Article 2

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

It shall apply from the 2001/02 marketing year. However,
Article 1(3) shall apply only with effect from 1 November
2001 and the national control measures in force on 30 June
2001 shall apply to imports of hemp effected up to 31
October 2001.

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

Done at Brussels, 1 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission

6.6.2001

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Official Journal of the European Communities

L 150/19

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ANNEX

LICENCE FOR THE IMPORT OF HEMP (conformity of hemp with Article 5 of Regulation (EC) No 1673/2000)

1. Agency issuing the licence (name and address)

2. Issuing agency’s embossment and

perforation (1)

No

4. Issued to (name, full address and Member State)

5.

3.

6.

13. PRODUCT TO BE IMPORTED

14. Trade denomination

7. Exporting country

8. Country of origin

10.

11.

12. LAST DAY OF VALIDITY

15. Description in accordance with the Combined Nomenclature (CN)

16. CN code (Tick the relevant box)

(Tick the relevant box)

(cid:1) Hemp seeds for sowing

(cid:1) Hemp seeds other than for sowing

(cid:1) True hemp, raw or retted

17. Quantity (2) in figures

18. Quantity (2) in words

20. Variety of hemp (in the case of seeds for sowing)

24. Special conditions (Tick the relevant box)

(cid:1) ex 1207 99 10

(cid:1) 1207 99 91

(cid:1) 5302 10 00

19. Tolerance

%
more

(cid:1) Hemp seeds for sowing falling within CN code 1207 99 10 are accompanied by proof that the tetrahydrocannabinol content of the variety

concerned does not exceed that laid down in accordance with Article 5a of Regulation (EC) No 1251/1999

(cid:1) Hemp seeds other than for sowing falling within CN code 1207 99 91 are imported by an importer approved by the authorities of the

Member State

(cid:1) Raw hemp falling within CN code 5302 10 00 fulfils the conditions laid down in Article 5a of Regulation (EC) No 1251/1999

25. Issued at:

26. Term of validity extended until

inclusive

on

under No

Signature and stamp of issuing agency:

for (2):

At

, on

Signature and stamp of agency issuing the licence:

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6.6.2001

EN

Official Journal of the European Communities

L 150/21

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LICENCE FOR THE IMPORT OF HEMP (conformity of hemp with Article 5 of Regulation (EC) No 1673/2000)

1. Agency issuing the licence (name and address)

2. Issuing agency’s embossment and

perforation (1)

No

4. Issued to (name, full address and Member State)

5.

3.

6.

13. PRODUCT TO BE IMPORTED

14. Trade denomination

7. Exporting country

8. Country of origin

10.

11.

12. LAST DAY OF VALIDITY

15. Description in accordance with the Combined Nomenclature (CN)

16. CN code (Tick the relevant box)

(Tick the relevant box)

(cid:1) Hemp seeds for sowing

(cid:1) Hemp seeds other than for sowing

(cid:1) True hemp, raw or retted

17. Quantity (2) in figures

18. Quantity (2) in words

20. Variety of hemp (in the case of seeds for sowing)

24. Special conditions (Tick the relevant box)

(cid:1) ex 1207 99 10

(cid:1) 1207 99 91

(cid:1) 5302 10 00

19. Tolerance

%
more

(cid:1) Hemp seeds for sowing falling within CN code 1207 99 10 are accompanied by proof that the tetrahydrocannabinol content of the variety

concerned does not exceed that laid down in accordance with Article 5a of Regulation (EC) No 1251/1999

(cid:1) Hemp seeds other than for sowing falling within CN code 1207 99 91 are imported by an importer approved by the authorities of the

Member State

(cid:1) Raw hemp falling within CN code 5302 10 00 fulfils the conditions laid down in Article 5a of Regulation (EC) No 1251/1999

25. Issued at:

26. Term of validity extended until

inclusive

on

under No

Signature and stamp of issuing agency:

for (2):

At

, on

Signature and stamp of agency issuing the licence:

.
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