CELEX: 51988PC0480
Language: en
Date: 1988-09-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN SPECIAL MEASURES FOR HEMP SEED

26. 10. 88                             Official Journal of the European Communities                             No C 276/5
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
                  Proposal for a Council Regulation (EEC) laying down special measures for hemp seed
                                                     COM(88) 480 final
                            (Submitted by the Commission to the Council on 19 September 1988)
                                                        (88/C 276/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, in order to ensure that the measures provided
                                                                  for in this Regulation are applied under optimum
                                                                  conditions during the 1988/89 marketing year, transi-
Having regard to the Treaty establishing the European             tional measures are necessary; whereas therefore a
Economic Community, and in particular Article 43                  flat-rate aid per hectare should be granted for that
thereof,                                                          marketing year,
Having regard to the proposal from the Commission,
                                                                  HAS ADOPTED THIS REGULATION:
Having regard       to  the   opinion   of   the   European
Parliament,
                                                                                            Article 1
Having regard to the opinion of the Economic and                   1.    Every year before 1 August, an aid for hemp seed
Social Committee,                                                 falling within CN code 1207 99 91 shall be fixed for the
                                                                  Community, for the followig marketing year, in
                                                                  accordance with the procedure laid down in Article 43
                                                                  (2) of the Treaty. The aid shall be fixed at a level which
Whereas the production of hemp seed is of importance
                                                                  is fair to producers, account being taken of the supply
to the economy of certain regions of the Community;
                                                                  requirements of the Community.
whereas, in order to promote the expansion of this crop,
which is subject to direct competition from hemp seed
 imported from third countries duty free, provision
 should be made for appropriate support;                           2.    The aid shall be granted only for seed of varieties
                                                                  providing certain safeguards to be determined in respect
                                                                  of the content of intoxicating substances in the product
 Whereas for this purpose the marketing of Community               harvested.
 production must ensure producers fair income; whereas
 to this end aid should be granted for hemp seed
 produced in the Community; whereas in view of the
 characteristics of the crop a system for laying down the          3.    The aid shall continue to apply throughout the
 aid on a flat-rate basis should be provided for; whereas          marketing year in question; this shall cover the period
 provision should be made to ensure that expenditure               1 August to 31 July, unless otherwise decided by the
 incurred by Member States as a result of the obligations          Council acting by a qualified majority on a proposal
 arising out of the application of this Regulation becomes         from the Commission.
 a charge on the Community in accordance with the
 Regulations on the financing of the common agricultural
 policy;
                                                                                             Article 2
 Whereas certain varieties of hemp contain substances              1.    The aid shall be granted for a production figure
 which may harm human health; whereas therefore the                obtained by applying an indicative yield to the surface
 aid should be granted only for hemp presenting adequate           areas sown and harvested. The indicative yield may be
 guarantees as to the content of intoxicating substances in        differentiated taking into account the yield ascertained in
 the product as harvested;                                         the major producing areas in the Community.
 ---pagebreak--- No C 276/6                             Official Journal of the European Communities                              26. 10. 88
2.    The Council, acting by a qualified majority on a                                      Article 5
proposal from the Commission, shall lay down general
                                                                  1.    By way of derogation from this Regulation, the aid
rules in accordance with which the aid shall be granted
                                                                  for hemp seed in respect of the 1988/89 marketing year
and the rules for checking areas sown and harvested
                                                                  shall be 161,5 ECU/hectare. The aid shall be granted to
within the Community with a view to establishing eligi-
                                                                  the producer in respect of the areas eligible for the aid
bility for the aid.
                                                                  provided for in Article 4 of Regulation (EEC) No
3.    The following shall be determined in accordance             1308/70 where the producer demonstrates to the satis-
with the procedure laid down in Article 12 of Council             faction of the Member State concerned that normal
Regulation (EEC) No 1308/70 of 29 June 1970 on the                operations for harvesting the seed have been carried out.
common organization of the market in flax and
hemp ('):                                                         2.    The operative event within the meaning of Article 5
(a) the indicative yield;                                         of Regulation (EEC) No 1676/85 (2) as regards eligi-
(b) detailed rules for the application of this Article.           bility for the aid for hemp seed for the 1988/89
                                                                  marketing year shall be deemed to have occurred on
                          Article 3                               1 September 1988.
The Member States and the Commission shall
communicate to each other the information necessary for                                     Article 6
the application of this Regulation. This information shall
be decided upon in accordance with the procedure laid             This Regulation shall enter into force on the day of its
down in Article 12 of Regulation (EEC) No 1308/70.                publication in the Official Journal of the European
Detailed rules concerning the communication and                    Communities.
dissemination of this information shall be adopted in
accordance with the same procedure.                               It shall apply for the first time to hemp seed harvested
                                                                  during the 1988/89 marketing year.
                          Article 4
The provisions on the financing of the common agri-               This Regulation shall be binding in its entirety and
cultural policy shall apply to the system of aid provided         directly applicable in all Member States.
for in this Regulation.
0) OJ No L 146, 4. 7. 1970, p. 1.                                 (2) OJ No L 164, 24. 6. 1985, p. 1.