Commission Regulation (EC) No 327/2002 of 21 February 2002 amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops
Date: 2002-02-21
Institutions: European Commission
Subjects: aid per hectare, cereals, oleaginous plant, producer organisation, regional aid, seed flax

L 51/14

EN

Official Journal of the European Communities

22.2.2002

COMMISSION REGULATION (EC) No 327/2002

of 21 February 2002

amending Regulation (EC) No 2316/1999 laying down detailed rules for the application of Council
Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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
1038/2001 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 2316/1999 (3), as last
amended by Regulation (EC) No 1157/2001 (4),
lays
down detailed rules for applying Regulation (EC) No
1251/1999 with respect to the conditions for granting
area payments for certain arable crops.

Article 5a(2) of Regulation (EC) No 1251/1999 lays
down that Member States are to check at least 30 % of
the areas under hemp grown for fibre for which area
payment applications have been made and at least 20 %
of areas if a Member State introduces a system of prior
approval for such crops. Experience gained in the 2001/
02 marketing year shows that the requirements for these
checks as laid down in Regulation (EC) No 2316/1999
should be specified in greater detail.

In the interests of consistency and simplification, the
specific provisions relating to the use of colza seed
obtained from seed produced on the same farm should
be deleted.

Commission Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rules for applying
the integrated administration and control system for
certain Community aid schemes (5), as last amended by
Regulation (EC) No 2721/2000 (6), has been consol-
idated and replaced by Regulation (EC) No 2419/
2001 (7), as amended by Regulation (EC) No 2550/
2001 (8). During that exercise, it was decided to transfer
the specific provisions defining determined areas to the
implementing rules for the schemes concerned.

(1) OJ L 160, 26.6.1999, p. 1.
(2) OJ L 145, 31.5.2001, p. 16.
(3) OJ L 280, 30.10.1999, p. 43.
(4) OJ L 157, 14.6.2001, p. 8.
(5) OJ L 391, 31.12.1992, p. 36.
(6) OJ L 314, 14.12.2000, p. 8.
(7) OJ L 327, 12.12.2001, p. 11.
(8) OJ L 341, 22.12.2001, p. 105.

Commission Regulation (EC) No 1/2002 of 28
December 2001 laying down detailed rules for the
application of Council Regulation (EC) No 1259/1999 as
regards the simplified scheme for payments to farmers
under certain support schemes (9) introduces a simplified
scheme for certain producers. That Regulation provides
for the specific applications under the simplified scheme
to be taken into account for calculating any overrun on
the base area and for calculating the overrun on the
reference yield as referred to in Article 3(7) of Regula-
tion (EC) No 1251/1999.

In order to qualify for area payments producers are
required to set aside part of the area of their holding. In
order to ensure that the scheme is effective, producers
should not be allowed to put set-aside land to any
agricultural use.

Austria has notified new names for certain regions
eligible for the additional area payment
for durum
wheat.

In response to applications by Italy, the Netherlands and
the United Kingdom, new base areas should be fixed in
accordance with the regionalisation plans of
those
Member States without altering the total base area.

crops

Under Council Regulation (EC) No 1017/94 of 26 April
1994 concerning the conversion of land currently under
in
arable
Portugal (10), as last amended by Regulation (EC) No
2582/2001 (11), applications have been submitted for
conversion of an area equivalent to 16 185 hectares. The
base area should therefore be adjusted accordingly.

extensive

livestock

farming

to

(6)

(7)

(8)

(9)

(10)

The Member States have notified the results of the tests
levels in the
to determine the tetrahydrocannabinol
hemp varieties sown in 2001. Those results should be
taken into account when drawing up the list of hemp
varieties qualifying for area payments in the coming
marketing years and the list of varieties temporarily
accepted for 2002/03 which will require further testing
during that marketing year.

(9) OJ L 1, 3.1.2002, p. 1.
(10) OJ L 112, 3.5.1994, p. 2.
(11) OJ L 345, 29.12.2001, p. 5.

22.2.2002

EN

Official Journal of the European Communities

L 51/15

(11)

(12)

Regulation (EC) No 2316/1999 should therefore be
amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2316/1999 is hereby amended as follows:

1. Article 3(1)(c) is replaced by the following:

‘(c) on which the crop is maintained until at least the
beginning of flowering under normal growing condi-
tions in accordance with local practice.

Crops of oilseeds, protein plants, linseed, fibre flax and
durum wheat must continue to be cultivated under
normal growing conditions in accordance with local
practice at least until 30 June prior to the marketing
year in question, unless they are harvested at
full
maturity before that date. Protein plants may not be
harvested until after the stage of lactic ripeness.

In the case of hemp grown for fibre, so that the checks
provided for in Article 5a(2) of Regulation (EC) No
1251/1999 can be made, crops must continue to be
cultivated under normal growing conditions in accord-
ance with local practice at least until 10 days after the
end of flowering. However, the Member State may
authorise hemp grown for fibre to be harvested after
flowering has begun but before the end of the 10-day
period after flowering, provided the inspectors indicate
which representative parts of each plot concerned
must continue to be cultivated until ten days after
flowering for inspection purposes, in accordance with
the procedure laid down in Annex XIII.’

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

‘(b) seed harvested from certified seed of double zero vari-

3. Article 4(3) is deleted.

4. The following is added at the end of Article 6(5):

‘Where a discrepancy is found between the minimum
quantity of certified seed fixed by the Member State and
the quantity actually used, the area shall be calculated by
dividing the total quantity of certified seed for which the
producer has furnished proof of use by the minimum
quantity per hectare laid down by the Member State for
the region of the producer in question. The area thus
determined shall be used, after the abovementioned reduc-
tions have been made, for calculating the entitlement to
the supplement or the special aid.’

5. The last subparagraph of Article 7b(1) is replaced by the

following:

‘The varieties of hemp grown for fibre listed in point 2(b)
of Annex XII to this Regulation shall be subject to proce-
dure B during the 2002/03 marketing year in all Member
States growing those varieties.’

6. Article 19(3) is replaced by the following:

‘3.
Set-aside areas may not be used for any agricultural
production, other than that provided for in Article 6(3) of
Regulation (EC) No 1251/1999, nor put to any agricul-
tural or lucrative use which would be incompatible with
growing an arable crop.’

7. Annex IV is replaced by Annex I to this Regulation.

8. In Annex VI, the details given under the headings ‘Italy’,
‘Netherlands’,
‘Portugal’ and ‘United Kingdom’ shall be
replaced by the details given in Annex II to this Regula-
tion.

9. Annex VII is replaced by Annex III to this Regulation.

10. Annex XII is replaced by Annex IV to this Regulation.

11. Annex XIII is replaced by Annex V to this Regulation.

Article 2

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

eties grown on the same holding;’.

It shall apply for the 2002/03 and following marketing years.

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

Done at Brussels, 21 February 2002.

For the Commission

Franz FISCHLER

Member of the Commission

L 51/16

EN

Official Journal of the European Communities

22.2.2002

ANNEX I

‘ANNEX IV

(second subparagraph of Article 6(1))

ZONES ELIGIBLE FOR THE SUPPLEMENT FOR DURUM WHEAT IN AUSTRIA

PANNONIA:

1. Gebiete der Bezirksbauernkammern

2046 Tullnerfeld-Klosterneuburg
2054 Baden
2062 Bruck/Leitha-Schwechat
2089 Baden
2101 Gänserndorf
2241 Hollabrunn
2275 Tullnerfeld-Klosterneuburg
2305 Korneuburg
2321 Mistelbach
2330 Krems/Donau
2364 Gänserndorf
2399 Mistelbach
2402 Mödling
2470 Mistelbach
2500 Hollabrunn
2518 Hollabrunn
2551 Bruck/Leitha-Schwechat
2577 Korneuburg
2585 Tullnerfeld-Klosterneuburg
2623 Wr. Neustadt
2631 Mistelbach
2658 Gänserndorf

2. Gebiete der Bezirksreferate

3018 Neusiedl/See
3026 Eisenstadt
3034 Mattersburg
3042 Oberpullendorf

3. Gebiete der Landwirtschaftskammer

1007 Wien’

22.2.2002

EN

Official Journal of the European Communities

L 51/17

Region

‘ITALY

NETHERLANDS

PORTUGAL

Azores

Madeira

— Irrigated

— Other

Mainland

— Irrigated

— Other

UNITED KINGDOM

England

Scotland

Northern Ireland

Wales

ANNEX II

All crops

5 801,2

441,7

9,7

0,31

0,30

293,4

687,9

3 794,6

551,6

52,9

61,4

(1 000 ha)

of which maize

400,8

208,3

0,29

221,4

33,2 (1)

1,2 (1)’

L 51/18

EN

Official Journal of the European Communities

22.2.2002

ANNEX III

‘ANNEX VII

(Article 10(4))

22.2.2002

EN

Official Journal of the European Communities

L 51/19

L 51/20

EN

Official Journal of the European Communities

22.2.2002

ANNEX IV

‘ANNEX XII

(Article 7a(1))

Varieties of flax and hemp grown for fibre eligible for the support system

1.

Flax grown for fibre

2a. Hemp grown for fibre

Adelie

Agatha

Angelin

Argos

Ariane

Aurore

Belinka

Ceasar Augustus

Diane

Diva

Electra

Elise

Escalina

Evelin

Exel

Hermes

Ilona

Laura

Liflax

Liviola

Marina

Marylin

Nike

Opaline

Rosalin

Venus

Veralin

Viking

Viola

Carmagnola

Beniko

Cs

Delta-Ilosa

Delta 405

Dioica 88

Epsilon 68

Fedora 17

Fédrina 74

Felina 32

Felina 34 — Félina 34

Ferimon-Férimon

Fibranova

Fibrimon 24

Fibrimon 56

Futura

Futura 75

Juso 14

Santhica 23

Uso 31

2b. Hemp grown for fibre authorised in the 2002/03

marketing year

Bialobrzeskie

Fasamo

Fedora 19

Santhica 27’

22.2.2002

EN

Official Journal of the European Communities

L 51/21

ANNEX V

‘ANNEX XIII

(Article 7b(1))

COMMUNITY METHOD FOR THE QUANTITATIVE DETERMINATION OF ∆9-THC (TETRAHYDROCANNA-
BINOL) CONTENT IN HEMP VARIETIES

1.

Subject matter and scope

This method seeks to determine the ∆9-tetrahydrocannabinol (THC) content of varieties of hemp (Cannabis sativa L.).
As appropriate, the method involves applying procedure A or B herein described.

The method is based on the quantitative determination of ∆9-THC by gas chromatography (GC) after extraction with
a suitable solvent.

1.1. Procedure A

Procedure A is used for checks on production as provided for in Article 5a(2) of Regulation (EC) No 1251/1999.

1.2. Procedure B

Procedure B is used in cases as referred to in the third subparagraph of Article 7b(1) of this Regulation and for
checking that the conditions laid down in the second subparagraph of Article 5a(1) of Regulation (EC) No
1251/1999 are fulfilled with a view to inclusion on the list of varieties of hemp eligible for aid from the 2001/02
marketing year.

2.

Sampling

Where a Member State uses the possibility provided for in the third paragraph of Article 3(1)(c), at least three distinct
parts of the plot, comprising at least 4 000 plants, must be left in the field on the inspector's instructions until at
least ten days after flowering has finished so that a sample can be taken.

2.1. Samples

— Procedure A: in a standing crop of a given variety of hemp, take a 30 cm part containing at least one female
inflorescence of each plant selected. Sampling is to be carried out during the period running from 20 days after
the start of flowering to 10 days after the end of flowering, during the day, following a systematic pattern to
ensure that the sample is representative of the field but excluding the edges of the crop.

Member States may authorise sampling to be carried out during the period from the start of flowering to 20 days
after the start of flowering provided that, for each variety grown, other representative samples are taken in
accordance with the above rules during the period from 20 days after the start of flowering to 10 days after the
end of flowering,

— Procedure B: in a standing crop of a given variety of hemp, take the upper third of each plant selected. Sampling
is to be carried out during the 10 days following the end of flowering, during the day, following a systematic
pattern to ensure that the sample is representative of the field but excluding the edges of the crop. In the case of
dioecious varieties, only female plants must be taken.

2.2. Sample size

— Procedure A: the sample is to comprise parts of 50 plants per field,

— Procedure B: the sample is to comprise parts of 200 plants per field.

Each sample is to be placed in a fabric or paper bag, without crushing it, and sent to the laboratory for analysis.

The Member State may provide for a second sample to be collected for counteranalysis, if required, to be kept either
by the producer or by the body responsible for the analysis.

2.3. Drying and storage of the sample

Drying of the samples must begin as soon as possible and, in any case, within 48 hours using any method below
70 °C. Samples should be dried to a constant weight and to a moisture content of between 8 % and 13 %.

After drying, store the samples without crushing them at below 25 °C in a dark place.

L 51/22

EN

Official Journal of the European Communities

22.2.2002

3. Determination of THC content

3.1. Preparation of the test sample

Remove stems and seeds over 2 mm in size from the dried samples.

Grind the dried samples to obtain a semi-fine powder (passing through a 1 mm mesh sieve).

The powder may be stored for 10 weeks at below 25 °C in a dark, dry place.

3.2. Reagents and extraction solution

Reagents

— ∆9-tetrahydrocannabinol, pure for chromatographic purposes,

— squalane, pure for chromatographic purposes, as an internal standard.

Extraction solution

— 35 mg of squalane per 100 ml hexane.

3.3. Extraction of ∆9-THC

Weigh 100 mg of the powdered test sample, place in a centrifuge tube and add 5 ml of extraction solution
containing the internal standard.

Place in an ultrasound bath and leave for 20 minutes. Centrifuge for five minutes at 3 000 r.p.m. and then remove
the supernatant THC solution. Inject the solution into the chromatograph and carry out a quantitative analysis.

3.4. Gas chromatography

(a) Apparatus

— gas chromatograph with a flame ionisation detector and a split/splitless injector,

— column allowing good separation of cannabinoids, for example a glass capillary column 25 m long and

0,22 mm in diameter impregnated with a 5 % non-polar phenyl-methyl-siloxane phase.

(b) Calibration ranges

At least three points for procedure A and five points for procedure B, including points 0,04 and 0,50 mg/ml
∆9-THC in extraction solution.

(c) Experimental conditions

The following conditions are given as an example for the column referred to in (a):
oven temperature:
injector temperature:
detector temperature:

260 °C
300 °C
300 °C

(d) Injection volume: 1 µl

4. Results

The findings are to be expressed to two decimal places in grams of ∆9-THC per 100 grams of analytical sample dried
to constant weight. A tolerance of 0,03 g per 100 g applies.

— Procedure A: one determination per test sample.

However, where the result obtained is above the limit laid down in the second subparagraph of Article 5a(1) of
Regulation (EC) No 1251/1999, a second determination must be carried out per analysis sample and the mean
value of the two determinations will be taken as the result,

— Procedure B: the result corresponds to the mean value of two determinations per test sample.’