(1)

Article 39, paragraph 1, of Regulation (EC) No 73/2009 establishes that areas used for the production of hemp shall only be eligible for direct payments if the varieties used have a tetrahydrocannabinol content not exceeding 0,2 %.

(2)

Article 124, paragraph 3, of Regulation (EC) No 73/2009 establishes that Article 39 of that Regulation is applicable to areas under the single area payment scheme.

(3)

Article 10 of Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed 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 support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (2) establishes that the payment of entitlements for areas on hemp shall be subject to the use of seed of the varieties listed in ‘Common Catalogue of Varieties of Agricultural Plant Species’, with exception of the varieties Finola and Tiborszállási, and provides for their certification.

(4)

Finland and Hungary have notified data to the Commission on the tetrahydrocannabinol content of varieties Finola, grown in Finland, and Tiborszállási, grown in Hungary, where it is shown that the said content in the past years was below the 0,2 % level.

(5)

On the basis of this information, the Commission considers that these hemp varieties should be made eligible, respectively, in the Member States concerned.

(6)

Regulation (EC) No 1120/2009 should therefore be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,