Commission Delegated Regulation (EU) 2016/1237Show full title

Article 9 U.K. Hemp

1. The release for free circulation of hemp products listed in Sections C, D, and G of Part I of the Annex to this Regulation shall be subject to an import licence in accordance with the model set out in Annex I to Implementing Regulation (EU) 2016/1239 (‘import licence AGRIM’).

The licence shall be issued only where it has been demonstrated to the satisfaction of the [F1 licence issuing authority] that all the conditions laid down in Article 189(1) of Regulation (EU) No 1308/2013 and in this Regulation and the requirements laid down F2 ... pursuant to Article 189(2) of Regulation (EU) No 1308/2013, have been met.

2. The application for a licence shall contain the information in line with the instructions for hemp products in the notice on import and export licences for agricultural products.

F3 ...

3. For the purposes of point (c) of Article 189(1) of Regulation (EU) No 1308/2013 the [F4 licence issuing authority] shall establish arrangements for the authorisation of importers of hemp seed other than for sowing. Those arrangements shall include the definition of the conditions for authorisation, checks and the penalties to be applied in cases of irregularity.

4. In the case of release for free circulation of hemp seeds other than for sowing as referred to in Section G of Part I of the Annex, the import licence shall be issued only where the authorised importer undertakes that the authorities competent for checks concerning the relevant operations [F5 in the United Kingdom] where the importer is authorised will be provided, within the time limits and under the conditions [F6 laid down by the licence issuing authority], with documents demonstrating that the hemp seed covered by the licence has undergone, within a period of less than 12 months from the date on which the licence is issued, one of the following operations:

(a) placing in a condition that excludes use for sowing;

(b) mixing with seed other than hemp seed for the purposes of animal nutrition, with hemp seed accounting for a maximum of 15 % of the total mixture and, in exceptional cases, a maximum of 25 % at the request of the authorised importer accompanied by a justification;

(c) export to a third country.

However, if part of the hemp seed covered by the licence has not undergone one of the operations referred to in the first subparagraph within the time limit of 12 months, the [F7 licence issuing authority] may, at the request of the authorised importer accompanied by a justification, extend that time limit by one or two periods of six months.

The documents referred to in the first subparagraph shall be drawn up by the operators who have carried out the operations and shall comprise at least the following information:

(a) the name, full address F8 ... and signature of the operator;

(b) a description of the operation carried out meeting the conditions laid down in the first subparagraph and the date on which it was carried out;

(c) the quantity in kilograms of hemp seed to which the operation related.

On the basis of a risk analysis, [F9 the licence issuing authority] shall carry out checks on the accuracy of the documents relating to the operations referred to in the first subparagraph F10 ....

5. By way of derogation from Article 6(1), rights deriving from import licences for hemp products shall not be transferable.

Textual Amendments

F1 Words in Art. 9(1) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 9(1) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(3); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 9(3) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(4); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 9(4) substituted (31.12.2020) by The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 9(4) omitted (31.12.2020) by virtue of The Import and Export Licences (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1409), reg. 1(2), Sch. 1 para. 8(5)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)