7.1. Seed Purchase Requirements, THC limits and financial support

Farmers must purchase certified seeds from varieties listed in the 'Common Catalogue of Varieties of Agricultural Plant Species' for hemp farming. The EU requires annual THC content testing of each hemp variety eligible for direct support under the CAP. If the average THC content exceeds 0.3% for two consecutive years, a Member State can ban that variety. Currently, discussions are underway to simplify this procedure and allow access to registered varieties without mandatory THC field testing. However, Member States often insist on random field checks to ensure public funds are not used for non-compliant varieties.

Council Directive 2002/57/EC regulates the production and commercialisation of hemp seeds for agricultural use in the EU, allowing only officially certified hemp seeds to be marketed. Varieties must meet criteria for distinctiveness, stability, uniformity, and cultivation value, as per Council Directive 2002/53/EC. As of 2024, there are approximately 80 authorised hemp seed varieties in the EU.

Hemp seeds from outside the EU can only be imported if the exporting country meets EU standards for seed production, certification, labelling, and packaging.

While EU seed legislation does not set THC content limits for the seeds themselves, Member States test varieties to ensure compliance with THC thresholds for direct payments, as specified in Commission Delegated Regulation (EU) No 639/2014. Most countries use a 0.3% THC limit, but some, like the Czech Republic and Italy, allow higher thresholds (1% and 0.6%, respectively).

The Common Agricultural Policy also regulates hemp imports. Raw hemp can only be imported if it comes from varieties with a THC content of 0.3% or less. Hemp seeds for sowing must be accompanied by proof of this THC limit. Member States can impose stricter import rules.

European farmers can receive area-based direct payments for cultivating industrial hemp, provided they comply with the THC limit of 0.3%. Additionally, some countries offer an additional top-up payment called Voluntary Coupled Support (VCS) for hemp, such as France, Poland, and Romania. The possibility of receiving this support depends exclusively on the Member State decision as it is not obligatory according to EU law.

It's crucial for anyone starting a hemp farming business to understand the specific regulations and control measures in their Member State. Some states have established licensing systems to streamline interactions between administrators and operators, facilitating faster and lighter controls. Farmers are advised to consult local farming unions, national hemp associations, or national paying agencies for guidance and to avoid any unforeseen issues.