Message 001
Communication from the Commission - TRIS/(2023) 1740
Directive (EU) 2015/1535
Notification: 2023/0355/BG
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20231740.EN
1. MSG 001 IND 2023 0355 BG EN 08-06-2023 BG NOTIF
2. Bulgaria
3A. МИНИСТЕРСТВО НА ИКОНОМИКАТА И ИНДУСТРИЯТА
ДИРЕКЦИЯ "ТЕХНИЧЕСКА ХАРМОНИЗАЦИЯ"
ул. "Славянска" 8,
гр. София 1052
тел.: +359 2 940 7336, +359 2 940 7522
факс: +359 2 987 8952
e-mail: infopointBG@mi.government.bg
3B. НАРОДНО СЪБРАНИЕ НА РЕПУБЛИКА БЪЛГАРИЯ
София 1169, пл. "Народно събрание" №2
Телефонна централа: 02 / 939 39
e-mail: 49_kzhg@parliament.bg
4. 2023/0355/BG - C00A - Agriculture, fishing and foodstuffs
5. Bill Amending and Supplementing the Law on Control of Narcotic Substances and Precursors
6. Cultivation and processing of plants of the hemp (cannabis) genus intended for the production of non-psychoactive products.
7.
8. The Bill regulates the type, procedure and rules for the cultivation and processing of plants of the hemp (cannabis) genus intended for the production of non-psychoactive products.
Article 29 shall be amended and supplemented, as follows:
1. Subparagraph 1 shall be amended, as follows:
‘(1) The cultivation of plants of the hemp (cannabis) genus intended for the production of non-psychoactive products containing less than 1 (one) percent by weight of tetrahydrocannabinol shall be subject to authorisation by the Minister for Agriculture. The terms and conditions for granting and withdrawing authorisation and for marketing and control shall be laid down by ordinance of the Minister for Agriculture.’
2. New subparagraphs 2 and 3 shall be inserted:
‘(2) The processing of plants of the hemp (cannabis) genus intended for the production of non-psychoactive products containing less than 1 (one) percent by weight of tetrahydrocannabinol, including retting, shredding, grinding, heat treatment, drying, extraction, pressing and other processes or a combination of these processes, shall be subject to authorisation by the Minister for Agriculture. The terms and conditions for granting and withdrawing authorisation, marketing and control, shall be laid down in the ordinance referred to in subparagraph 1.
(3) For the purposes of this Act the tetrahydrocannabinol content in plants of the hemp (cannabis) genus shall be determined in the foliage, flower and fruit tips of the plants.’
The introduction of a limit value of 1 % by weight shall be within the permitted limits and eliminates the risk of erroneous determination of the tetrahydrocannabinol (THC) content in the samples referred to in Article 15(1) of Regulation No 1/2018 of the Minister of Agriculture, Food and Forests and thus the resulting severe penalties. The new measurement method laid down in Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 is more accurate than the current Regulation No 1/2018. At the same time, the percentage thus introduced ensures that the values will again be significantly below the THC content observed to manifest psychotropic properties and used in drug production.
It is important to make a distinction between industrial hemp (Cannabis Sativa L.) and marijuana (Cannabis Indica, in Bulgarian: “индийски канабис”), as hemp regulated by this Bill is not a narcotic plant and has a completely different composition and concentration of substances compared to marijuana.
By 31 December 2023, the Minister for Agriculture shall bring the ordinance referred to in Article 29(1) into compliance with this Act and with the procedure for determining the tetrahydrocannabinol content pursuant to Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1 (OJ L 020, 31.1.2022, p. 52).
9. This legislative initiative is intended to foster the transition to green economy in our country. It is synchronized with the European legal framework under Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 by revising the conditions for support for producers of industrial hemp and its derived products.
Industrial hemp is a crop instrumental for the development of sustainable agricultural practices and the production of various innovative products. The introduction of financial incentives will allow producers to be competitive on European and global markets and not to be placed in a vulnerable position vis-à-vis producers from other Member States of the European Union.
The introduction of a limit value of 1 % by weight shall be within the permitted limits and eliminates the risk of erroneous determination of the tetrahydrocannabinol (THC) content in the samples referred to in Article 15(1) of Regulation No 1/2018 of the Minister of Agriculture, Food and Forests and thus the resulting severe penalties. The new measurement method laid down in Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 is more accurate than the current Regulation No 1/2018. At the same time, the percentage thus introduced ensures that the values will again be significantly below the THC content observed to manifest psychotropic properties and used in drug production.
Comparative analysis shows that demand and use of industrial hemp has increased significantly, hence the introduction of a more favourable legislative framework would represent an important incentive for the Bulgarian economy. The crop has already been cultivated on the territory of Bulgaria due to the favourable climate, but in the middle of the past century the cultivation was prohibited. In addition, industrial hemp is a crop that is grown with very little water and completely free of pesticides, while absorbing a large amount of carbon dioxide. Each part of the plant can be used for the production of various products, leaving zero waste.
It is important to make a distinction between industrial hemp (Cannabis Sativa L.) and marijuana (Cannabis Indica, in Bulgarian: “индийски канабис”), as hemp regulated by this Bill is not a narcotic plant and has a completely different composition and concentration of substances compared to marijuana. Hemp has a high concentration of cannabidiol, which is not a psychoactive substance, while marijuana contains from 20% to 40% THC, depending on the plant variety, and consequently has narcotic and psychoactive properties.
10. References to basic texts:
B-2023-0355-BG-01
11. No
12.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
