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30.4.2013 Official
Journal
of
the
European
Union L
118/15
COMMISSION IMPLEMENTING REGULATION (EU) No 393/2013
of 29 April 2013
amending Regulations (EC) No 1120/2009 and (EC) No 1122/2009 as regards the eligibility criteria
and the notification obligations concerning hemp varieties for the implementation of the direct
support schemes for farmers
THE EUROPEAN COMMISSION,
control system, under the direct support schemes for
farmers provided for that Regulation, as well as for the
Having regard to the Treaty on the Functioning of the European
implementation of Council Regulation (EC) No
Union,
1234/2007 as regards cross-compliance under the
support scheme provided for the wine sector ( 3 ) sets
the procedure to be followed when the samples of a
Having regard to Council Regulation (EC) No 73/2009 of
given variety exceed the tetrahydrocannabinol content
19 January 2009 establishing common rules for direct
laid down in Article 39(1) of Regulation (EC) No
support schemes for farmers under the common agricultural
73/2009.
policy and establishing certain support schemes for farmers,
amending Regulations (EC) No 1290/2005, (EC) No
247/2006, (EC) No 378/2007 and repealing Regulation (EC)
(5) Taking
into
account
that
Member
States
have
all
the
No 1782/2003
( 1 ), and in particular Article 39(2) and
information at hand to request from the Commission
Article 142(h) thereof,
the authorisation to prohibit the marketing of a hemp
variety having a tetrahydrocannabinol content exceeding
Whereas:
that laid down in Article 39(1) of Regulation (EC) No
73/2009 and to exclude such variety from eligibility to
direct payments, the scheme can be simplified further by
(1) In
accordance
with
Article
39(1)
of
Regulation
(EC)
No
deleting the obligation to notify the reports on the
73/2009, areas used for the production of hemp are only
tetrahydrocannabinol findings relating to samples of
eligible for direct payments if the varieties used have a
that variety.
tetrahydrocannabinol content not exceeding 0,2
%.
Pursuant to Article 124(3) of Regulation (EC) No
73/2009, Article 39 of that Regulation also applies to
(6)
Regulations (EC) No 1120/2009 and (EC) No 1122/2009
areas under the single area payment scheme in the new
should therefore be amended accordingly.
Member States.
(7) The
measures
provided
for
in
this
Regulation
are
in
(2) Article
10
of
Commission
Regulation
(EC)
No
accordance with the opinion of the Management
1120/2009 of 29 October 2009 laying down detailed
Committee for Direct Payments,
rules for the implementation of the single payment
scheme provided for in Title III of Council Regulation
(EC) No 73/2009 establishing common rules for direct
HAS ADOPTED THIS REGULATION:
support schemes for farmers under the common agri
cultural policy and establishing certain support schemes
Article 1
for farmers
( 2 ) lays down that the payment of
entitlements for areas planted with hemp shall be
Article 10 of Regulation (EC) No 1120/2009 is replaced by the
subject to the use of seed of the varieties listed in the
following:
‘Common Catalogue of Varieties of Agricultural Plant
Species’, with the exception of the varieties Finola and
Tiborszállási, which are at present only eligible in Finland
‘Article 10
and Hungary respectively.
Production of hemp
For the purposes of Article 39 of Regulation (EC) No
(3) Based
on
notifications
of
some
Member
States
and
given
73/2009, the payment of the entitlements for areas planted
the fact that a procedure is already foreseen for the
with hemp shall be subject to the use of seed of the varieties
exclusion of a given variety at the level of the Member
listed in the “Common Catalogue of Varieties of Agricultural
States, the scheme can be simplified at Union level by
Plant Species” on 15 March of the year in respect of which
deleting the provision which limits the eligibility of areas
the payment is granted and published in accordance with
using the varieties Finola and Tiborszállási to a certain
Article 17 of Council Directive 2002/53/EC (*). The seed
Member State.
shall be certified in accordance with Council Directive
2002/57/EC (**).
(4) Article
40
of
Commission
Regulation
(EC)
No
1122/2009 of 30 November 2009 laying down
detailed rules for the implementation of Council Regu
___________
lation (EC) No 73/2009 as regards cross-compliance,
(*) OJ L 193, 20.7.2002, p. 1.
modulation and the integrated administration and
(**) OJ L 193, 20.7.2002, p. 74.’.
( 1 ) OJ L 30, 31.1.2009, p. 16.
( 2 ) OJ L 316, 2.12.2009, p. 1.
( 3 ) OJ L 316, 2.12.2009, p. 65.

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L 118/16
EN
Official Journal of the European Union
30.4.2013
Article 2
In Article 40(2) of Regulation (EC) No 1122/2009, the second subparagraph is deleted.
Article 3
This Regulation shall enter into force on the third day following that of its publication in the Official Journal
of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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