Date: 2021-07-26Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2021/1214 of 22 July 2021 authorising Poland to prohibit the marketing on its territory of the hemp variety Finola pursuant to Council Directive 2002/53/EC (notified under document C(2021) 5295) (Only the Polish text is authentic)
Issued by European Commission
· Directorate-General for Health and Food Safety
Executive Summary:
This Commission Implementing Decision EU 2021/1214 authorises Poland to prohibit the marketing of the hemp variety Finola within its territory, as the variety's THC content exceeded the permitted limit for two consecutive years. Poland must notify the Commission of the date from which it intends to apply this prohibition. The decision was made in accordance with Directive 2002/53/EC and other related regulations.
Key Points / Main Content:
* **Authorisation for Prohibition:**
* Poland is authorised to prohibit the marketing of the hemp variety Finola in its entire territory, according to Article 18 of Directive 2002/53/EC.
* **THC Content & Regulations:**
* The decision is based on the fact that the average THC content of the Finola variety exceeded 0.2% for the second consecutive year, as per Article 326 of Regulation EU No 1307/2013.
* Article 95 of Commission Delegated Regulation EU No 639/2014 allows a Member State to request authorisation to prohibit marketing if a hemp variety exceeds the THC content limit for two years.
* **Notification Requirement:**
* Poland is required to notify the Commission of the date from which it will implement the authorised prohibition.
Impact Analysis:
* **Poland:**
* *Impact:* Poland is authorised to prohibit the marketing of the Finola hemp variety within its territory due to non-compliance with THC content regulations.
* *Action Required:* Poland must notify the Commission of the date it will begin applying the prohibition.
* **European Commission:**
* *Impact:* The Commission is responsible for updating the Common Catalogue of varieties of agricultural plant species and informing other Member States.
* *Action Required:* The Commission must update the Common Catalogue and inform Member States once Poland provides the date of implementation.
* **Hemp Producers/Marketers (in Poland):**
* *Impact:* Producers and marketers of the Finola hemp variety in Poland will be prohibited from marketing this variety within the country.
* *Action Required:* Cease marketing the Finola hemp variety in Poland once the prohibition is implemented.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Poland: A country in Central Europe, which requested authorization to prohibit the marketing of the hemp variety Finola.
Finola: A hemp variety, the marketing of which Poland is authorized to prohibit.
Council Directive 2002/53/EC: A European Union directive on the Common Catalogue of varieties of agricultural plant species.
European Commission: The executive branch of the European Union, responsible for implementing decisions and overseeing the application of EU law.
Regulation EU No 1307/2013: A regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.
Commission Delegated Regulation EU No 639/2014: A Commission Delegated Regulation supplementing Regulation EU No 1307/2013, establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.
Stella KYRIAKIDES: Member of the European Commission.
26.7.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 265/1
II
(Non-legislative acts)
DECISIONS
COMMISSION IMPLEMENTING DECISION (EU) 2021/1214
of 22 July 2021
authorising Poland to prohibit the marketing on its territory of the hemp variety Finola pursuant to
Council Directive 2002/53/EC
(notified under document C(2021) 5295)
(Only the Polish text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2002/53/EC of 13 June 2002 on the Common Catalogue of varieties of agricultural
plant species(1), and in particular Article 18 thereof,
Whereas:
(1) The Commission, in accordance with Directive 2002/53/EC, publishes in the C-series of the Official Journal of the
European Union the Common Catalogue of varieties of agricultural plant species(2), which includes certain varieties
of hemp.
(2) Article 32(6) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council(3)provides that in
order to prevent support being granted for illegal crops, areas used for the production of hemp may only be eligible
if the varieties used have a tetrahydrocannabinol (THC) content not exceeding 0,2%.
(3) Article 9(5) of Commission Delegated Regulation (EU) No 639/2014(4)lays down that, if for the second year the
average of all the samples of a given hemp variety exceeds the THC content as laid down in Article 32(6) of
Regulation (EU) No 1307/2013, the Member State is to notify the Commission of the request for authorisation to
prohibit the marketing of such variety in accordance with Article 18 of Directive 2002/53/EC.
(4) On 19 January 2021, the Commission received a request from Poland for authorisation to prohibit the marketing in
its entire territory of the hemp variety Finola, in accordance with Article 9(5) of Delegated Regulation (EU)
No 639/2014. Poland informed the Commission that upon analyses, the average of all the samples of the variety
Finola exceeded the THC content of 0,2% laid down in Article 32(6) of Regulation (EU) No 1307/2013 for the
second year in a row.
(1) OJ L 193, 20.7.2002, p. 1.
(2) Common catalogue of varieties of agricultural plant species – Supplement 2021/2 (OJ C 42, 5.2.2021).
(3) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct
payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council
Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
(4) Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014 supplementing Regulation (EU) No 1307/2013 of the
European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the
framework of the common agricultural policy and amending Annex X to that Regulation (OJ L 181, 20.6.2014, p. 1).L 265/2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 26.7.2021
(5) Under Article 18 of Directive 2002/53/EC a Member State may, upon application, be authorised to prohibit the
marketing of a variety included in the common catalogue of varieties if the cultivation of such variety presents a
risk for the environment or for human health.
(6) THC has a psychotropic effect and there is a need to limit human exposure by limiting the presence of THC in
marketed hemp varieties.
(7) Therefore, Poland should be authorised to prohibit the marketing of the hemp variety Finola in its entire territory.
(8) In order to allow the Commission to inform the other Member States and to update the Common Catalogue of
varieties of agricultural plant species, Poland should be required to inform the Commission of the date from which
it intends to apply the authorisation granted by this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants,
Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
Poland may prohibit the marketing of the hemp variety Finola in its entire territory in accordance with Article 18 of
Directive 2002/53/EC.
Article 2
Poland shall notify to the Commission the date from which it will apply the authorisation provided for in Article 1.
Article 3
This Decision is addressed to the Republic of Poland.
Done at Brussels, 22 July 2021.
For the Commission
Stella KYRIAKIDES
Member of the Commission