Regulation No. 93 of the Minister of Agriculture establishing Specific Procedure for Application for and Processing of Import Licences for Hemp

Specific Procedure for Application for and Processing of Import Licences for Hemp Regulation No. 93 of the Minister of Agriculture of 17 May 2004 (RTL 2004, 66, 1104), entered into force 29 May 2004. This Regulation is established on the basis of subsection 6 (3), subsection 40 (2) of the European Union Common Agricultural Policy Implementation Act (RT I 2004, 24, 163; 34, 236); Article 17a (1) and (2) of the Commission Regulation No 245/2001/EC laying down detailed rules for the application of Council Regulation No 1673/2000/EC on the common organisation of the markets in flax and hemp grown for fibre (OJ L 35, 6.2.2001, p. 18–27). § 1. Scope of application This Regulation establishes specific procedure for prior approval of importers who import hemp seeds other than for sowing covered by CN code 1207 99 91 and supervision after importing, and for application for and the processing of import licences for hemp covered by CN code 5302 10 00, seeds of hemp varieties for sowing covered by CN code 1207 99 20 and hemp seeds other than for sowing covered by CN code 1207 99 91. § 2. Approval of importers (1) For the application for approval, the importer who imports hemp seeds other than for sowing covered by CN code 1207 99 91 shall submit an application in compliance with the format specified in Annex 1 to the ARIB. (2) The importer who imports hemp seeds other than for sowing covered by CN code 1207 99 91 shall maintain electronic warehouse stock records and the manufacturing equipment and storage conditions of the importer shall comply with the product information provided. (3) Hemp seeds other than for sowing covered by CN code 1207 99 91 shall be used as feed materials in compound animal feeding-stuffs on the bases of and pursuant to procedure provided by the Feedingstuffs Act (RT I 2002, 18, 97; 63, 387; 2003, 48, 340, 88, 591; 2004, 34, 236). (4) The ARIB shall approve an importer who imports hemp seeds other than for sowing covered by CN code 1207 99 91 if sufficient evidence has been found in co-operation with other authorities of executive power, if necessary, that the imported seeds are used for the intended purposes. § 3. Application for import licence (1) For the application for import licence (hereinafter import licence), the information concerning the importer shall be entered in the register of agricultural support and agricultural parcels. If the information concerning the importer has not been entered in the specified register, the importer shall submit the application specified in subsection 60 (1) of the European Union Common Agricultural Policy Implementation Act for the entry of the information in the register upon application for the licence. (2) For the application for the licence, the importer shall submit an application in compliance with the format specified in Annex 2 to the ARIB. (3) After verification of the information submitted upon application for the licence specified in subsection (2), the ARIB shall issue a licence in compliance with the format specified in the Annex to Commission Regulation No 245/2001/EC. § 4. Submission and supervision over notification of use (1) For the application for approval, the importer who imports hemp seeds other than for sowing covered by CN code 1207 99 91 shall submit a notification of use in compliance with the format specified in Annex 3 to the ARIB within twelve months as of the date of issue of the licence. (2) The ARIB shall review the notification of use and check the accuracy of the information presented therein in co-operation with other authorities of executive power. § 5. Forwarding of information The ARIB shall forward the information obtained in the process of implementation of this Regulation the Commission and, if necessary, to the competent authorities of other Member States. Annex 1 to Regulation No. 93 of the Minister of Agriculture of 17 May 2004 “Specific Procedure for Application for and Processing of Import Licences for Hemp” Application for approval of importer of hemp seeds covered by CN code 1207 99 91 Complete this form fully in block capitals Filing date of application Annexes, units 1. Applicant A. Company, non-profit association or other legal person and a state or local government agency B. Sole proprietor Name Given name Surname Commercial register code / Commercial register or non-profit associations and foundations register code / State register of state and local government agencies register code Personal identification code Given name of representative Commercial register code / Register of taxable persons register code Surname of representative Business name Personal identification code of representative Position of representative 2. Address and contact details Residence/Seat Location of undertaking County Local government Village, town, small town Street/house Postal code Telephone Fax/e-mail1 1 I allow messages to be sent to my e-mail address: yes ... no ... 3. Information concerning production equipment (if they are located at different addresses, this form shall be completed separately for each device) Production equipment Description 4. Product information Product obtained in processing Amount (kg) of hemp seeds other than for sowing covered by CN code 1207 99 91 which is consumed in the manufacturing of 100 kg of product maximum quantity minimum quantity average quantity 5. Information concerning storage Address of store and postal code Capacity, tons per year I hereby confirm that the information provided is correct and I undertake to enable a supervisory official to access the stock records, accounting and the production and storage facilities of the undertaking for the organisation of state supervision Place and date Signature Annex 2 to Regulation No. 93 of the Minister of Agriculture of 17 May 2004 “Specific Procedure for Application for and Processing of Import Licences for Hemp” Application for issue of import licence for hemp Complete this form fully in block capitals The application covers: importation of hemp seeds for sowing covered by CN code ex 1207 99 20 hemp seeds other than for sowing covered by CN code 1207 99 91 hemp covered by CN code 5302 10 00 Filing date of application Annexes, units 1. Applicant A. Company, non-profit association or other legal person and a state or local government agency B. Sole proprietor Name Given name Surname Commercial register code / Commercial register or non-profit associations and foundations register code / State register of state and local government agencies register code Personal identification code Given name of representative Commercial register code / Register of taxable persons register code Surname of representative Business name Personal identification code of representative Position of representative 2. Address and contact details Residence/Seat Location of undertaking County Local government Village, town, small town Street/house Postal code Telephone Fax/e-mail1 1 I allow messages to be sent to my e-mail address: yes ... no ... 3. Information concerning the imported hemp Exporting country Country of origin of product Time of importing CN code of the imported product Trade name Amount of imported product (kg) Variety of hemp (in case of seeds for sowing) 4. I confirm that, within twelve months as of the date of issue of the licence, the hemp seeds other than for sowing covered by CN code 1207 99 91: will be processed in a manner which precludes use for sowing; will be mixed with other seeds than hemp seeds for preparation of animal feed, and the amount of hemp seeds in compound feedingstuffs does not exceed 15 per cent; will be re-exported to a third country. 5. Annexes on … pages certificate which proves that the content of tetrahydrocannabinol in the seeds of hemp varieties for sowing covered by CN code 1207 99 20 does not exceed the limit determined according to Article 5a of Council Regulation No 1251/1999/EC; certificate which proves that hemp covered by CN code 5302 10 00 is in compliance with the requirements prescribed by Article 5a of Council Regulation No 1251/1999/EC Other I hereby confirm that the information provided is correct and I undertake to enable a supervisory official to access the stock records, accounting and the production and storage facilities of the undertaking for the organisation of state supervision Place and date Signature Annex 3 to Regulation No. 93 of the Minister of Agriculture of 17 May 2004 “Specific Procedure for Application for and Processing of Import Licences for Hemp” Notification of use concerning the use hemp seeds other than for sowing covered by CN code 1207 99 91 on the basis of a licence Complete this form fully in block capitals Licence No Annexes, units 1. Applicant A. Company, non-profit association or other legal person and a state or local government agency B. Sole proprietor Name Given name Surname Commercial register code / Commercial register or non-profit associations and foundations register code / State register of state and local government agencies register code Personal identification code Given name of representative Commercial register code / Register of taxable persons register code Surname of representative Business name Personal identification code of representative Position of representative 2. Address and contact details Residence/Seat Location of undertaking County Local government Village, town, small town Street/house Postal code Telephone Fax/e-mail1 1 I allow messages to be sent to my e-mail address: yes ... no ... 3. I confirm that hemp seeds other than for sowing covered by CN code 1207 99 91 which were imported on the basis of import licence No : were processed in a manner which precludes use for sowing, in amount of kg Description of processing operation Time of processing Amount of processed hemp seeds (kg) were mixed with other seeds than hemp seeds for preparation of animal feed, and the amount of hemp seeds in compound feedingstuffs does not exceed 15 per cent, in amount of kg; Description of compound feedingstuffs Time of conduct Amount of processed hemp seeds (kg) were re-exported to a third country, in amount of kg. 4. Annexes on … pages export declaration No . I hereby confirm that the information provided is correct and I undertake to enable a supervisory official to access the stock records, accounting and the production and storage facilities of the undertaking for the organisation of state supervision Place and date Signature