Commission Regulation (EC) No 1124/2008 of 12 November 2008 amending Regulations (EC) No 795/2004, (EC) No 796/2004 and (EC) No 1973/2004, as regards the hemp varieties eligible for direct payments under Council Regulation (EC) No 1782/2003
Date: 2008-11-12
Institutions: European Commission
Subjects: EU Member State, agricultural production, aid to agriculture, common agricultural policy, fallow, hemp, production aid

14.11.2008

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1124/2008

of 12 November 2008

amending Regulations (EC) No 795/2004, (EC) No 796/2004 and (EC) No 1973/2004, as regards the
hemp varieties eligible for direct payments under Council Regulation (EC) No 1782/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

species

Under Article 17 of Council Directive 2002/53/EC of
13 June 2002 on the common catalogue of varieties of
the
agricultural plant
Commission has, on the basis of
the information
supplied by the Member States, to publish a list of all
varieties of which the seed and propagating material are
not subject
to any marketing restrictions as regards
variety.

(common catalogue) (5)

Having regard to Council Regulation (EC) No 1782/2003 of
29 September 2003 establishing common rules for direct
support schemes under the common agricultural policy and
and
establishing
(EC) No
amending
1452/2001,
(EC)
No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC)
No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1),
and in particular Article 145(c) and (g) thereof,

certain
Regulations
(EC) No 1453/2001,

(EC) No 1454/2001,

for
2019/93,

(EEC) No

schemes

support

farmers

Whereas:

(1)

(2)

Article 52(1) of Regulation (EC) No 1782/2003 provides
the
in order to be eligible for direct payments,
that
varieties of hemp must have a tetrahydrocannabinol
(THC) content not exceeding 0,2 % and Member States
have to establish a system for verification of THC content
in hemp.

Commission Regulations (EC) No 795/2004 of 21 April
2004 laying down detailed rules for the implementation
of the single payment scheme provided for in Council
Regulation (EC) No 1782/2003 establishing common
rules for direct support schemes under the common
agricultural policy and establishing certain support
schemes for farmers (2), (EC) No 796/2004 of 21 April
2004 laying down detailed rules for the implementation
of cross-compliance, modulation and the integrated ad­
ministration and control system provided for in Council
Regulation (EC) No 1782/2003 establishing common
rules for direct support schemes under the common
agricultural policy and establishing certain support
farmers (3) and (EC) No 1973/2004 of
schemes for
29 October 2004 laying down detailed rules for the
application of Council Regulation (EC) 1782/2003 as
regards the support schemes provided for in Titles IV
and IVa of
land set
aside for the production of raw materials (4) laid down
specific rules concerning the application of Regulation
(EC) No 1782/2003 on the production of hemp.

that Regulation and the use of

(1) OJ L 270, 21.10.2003, p. 1.
(2) OJ L 141, 30.4.2004, p. 1.
(3) OJ L 141, 30.4.2004, p. 18.
(4) OJ L 345, 20.11.2004, p. 1.

(4)

(5)

(6)

(7)

(8)

Under Article 18 of Directive 2002/53/EC Member States
may be authorised to prohibit the marketing of the seeds
or propagating material of the variety in all or part of its
territory if it is established that the cultivation of such
variety could present a risk for human health.

Based on the Member States communications and the
annual results of verification of THC content in hemp,
with exception of two varieties, all the other varieties
listed in common catalogue can be considered as not
exceeding THC content of 0,2 % in accordance with
Article 52 of Regulation (EC) No 1782/2003.

In order to simplify the procedures, it is appropriate to
use common catalogue as a reference tool for the hemp
varieties eligible for direct payments and to establish a
procedure under which it will be the responsibility of
each Member State to evaluate annual analyses of THC
content in hemp and adopt appropriate measures.

Regulations (EC) No 795/2004, (EC) No 796/2004 and
(EC) No 1973/2004 should therefore be amended
accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 29 of Regulation (EC) No 795/2004 is replaced by the
following:

(5) OJ L 193, 20.7.2002, p. 1.

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‘Article 29

Production of hemp

For
the purposes of Article 52 of Regulation (EC) No
1782/2003, the payment of the entitlements for areas on
hemp shall be subject to the use of seed of the varieties listed
in “Common Catalogue of Varieties of Agricultural Plant
Species” on 15 March of the year in respect of which the
is granted and published in accordance with
payment
2002/53/EC, with
17
Article
exception of the varieties Finola and Tiborszallasi. The seed
shall be certified in accordance with Council Directive
2002/57/EC (*).

of Council Directive

___________
(*) OJ L 193, 20.7.2002, p. 74.’

Article 2

Regulation (EC) No 796/2004 is amended as follows:

1. Article 33 is replaced by the following:

‘Article 33

1.
Varieties of hemp eligible for direct payment are those
listed in “Common Catalogue of Varieties of Agricultural
Plant Species” on 15 March of
in respect of
which the payment is granted and published in accordance
with Article 17 of Directive 2002/53/EC, with exception of
the varieties Finola and Tiborszallasi.

the year

2.
The system to be used by the Member States in
accordance with Article 52(1) of Regulation (EC) No
1782/2003 in order to determine the tetrahydrocannabinol
(hereinafter referred to as “THC”) content of the crops grown
shall be as set out in Annex I to this Regulation.

If an average of all the samples of given variety exceeds
4.
THC content as laid down in Article 52(1) of Regulation (EC)
No 1782/2003, Member States shall use the procedure B of
Annex I to this Regulation for the variety concerned in the
course of the following marketing year. This procedure shall
be used in the course of the next marketing years unless all
of the analytical results of given variety are below the THC
content as laid down in Article 52(1) of Regulation (EC)
No 1782/2003.

If for the second year the average of all the samples of given
variety exceeds THC content as laid down in Article 52(1) of
Regulation (EC) No 1782/2003, such Member State shall
request authorisation to prohibit
the marketing of such
variety in accordance with Article 18 of Council Directive
2002/53/EC. Such request shall be sent to the Commission
by 15 November of the marketing year in question at the
latest. From the following year the variety subject of this
request is not eligible for direct payments in the Member
State concerned.

5.
Crops of hemp must continue to be cultivated under
normal growing conditions in accordance with local practice
for at least 10 days from the date of the end of flowering so
that the checks provided for in paragraphs 2, 3 and 4 can be
made.

the Member States may authorise hemp to be
However,
harvested after flowering has begun but before the end of
the 10-day period after the end of flowering, provided the
inspectors indicate which representative parts of each plot
concerned must continue to be cultivated for at least 10 days
following the end of flowering for inspection purposes, in
accordance with the method laid down in Annex I.’

2. Annex II is deleted.

The competent authority of the Member State shall
3.
keep the records related to THC findings. At
least such
records shall comprise for each variety the results in terms
of THC content from each sample expressed in percentage to
two decimal places, the procedure used, the number of tests
carried out, an indication of the point at which the sample
was taken and measures taken at national level.

Article 3

Regulation (EC) No 1973/2004 is amended as follows:

1. Article 50 is replaced by the following:

If however the result of THC content of any sample exceeds
that
laid down in Article 52(1) of Regulation (EC)
1782/2003, such Member State shall send the Commission,
by 15 November of the marketing year in question at the
latest, a report on the all THC findings in respect of such
variety. Such report shall indicate the results in terms of THC
content from each sample expressed in percentage to two
decimal places,
tests
carried out, an indication of the point at which the sample
was taken and measures taken at national level.

the procedure used,

the number of

‘Article 50

Cannabis sativa L. varieties
The varieties of Cannabis sativa L. eligible for aid under
Article 99(4) of Regulation (EC) No 1782/2003 shall be
those listed in “Common Catalogue of Varieties of Agri­
cultural Plant Species” on 15 March of the year in respect
is granted and published in
of which the payment
Council Directive
accordance with Article
17
2002/53/EC, with exception of
the varieties Finola and
Tiborszallasi.’

of

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2. In Article 56(1), point (b) is replaced by the following:

Article 4

‘(b)

for hemp grown for fibre, the use of the seed of the
varieties listed in “Common Catalogue of Varieties of
Agricultural Plant Species” on 15 March of the year in
respect of which the payment is granted and published
in accordance with Article 17 of Council Directive
2002/53/EC, with exception of the varieties Finola and
Tiborszallasi, and certified in accordance with Council
Directive 2002/57/EC.’

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

It shall apply to aid applications relating to years starting from
1 January 2009.

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

Done at Brussels, 12 November 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission