1971R1696 — EN — 01.01.2001 — 018.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION (EEC)No 1696/71 OF THE COUNCIL
of 26 July 1971
on the common organisation of the market in hops
(OJ L 175, 4.8.1971, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 1170/77 of 17 May 1977 L 137 7 3.6.1977
►M2Council Regulation (EEC) No 235/79 of 5 February 1979 L 34 4 9.2.1979
►M3Council Regulation (EEC) No 3332/85 of 26 November 1985 L 318 1 29.11.1985
►M4Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M5Council Regulation (EEC) No 3800/85 of 20 December 1985 L 367 32 31.12.1985
►M6Commission Regulation (EEC) No 3998/87 of 23 December 1987 L 377 40 31.12.1987
►M7Council Regulation (EEC) No 3808/89 of 12 December 1989 L 371 1 20.12.1989
►M8Council Regulation (EEC) No 2780/90 of 24 September 1990 L 265 1 28.9.1990
►M9Council Regulation (EEC) No 3577/90 of 4 December 1990 L 353 23 17.12.1990
►M10Council Regulation (EEC) No 3124/92 of 26 October 1992 L 313 1 30.10.1992
►M11Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M12Council Regulation (EC) No 1554/97 of 22 July 1997 L 208 1 2.8.1997
►M13Council Regulation (EC) No 1257/1999 of 17 May 1999 L 160 80 26.6.1999
►M14Council Regulation (EC) No 191/2000 of 24 January 2000 L 23 4 28.1.2000
►M15Council Regulation (EC) No 1514/2001 of 23 July 2001 L 201 8 26.7.2001
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland(*) L 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 230, 21.8.1997, p. 19 (1554/97)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
(*) This Act was never published in English.
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REGULATION (EEC)No 1696/71 OF THE COUNCIL
of 26 July 1971
on the common organisation of the market in hops
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 42, 43, 113 and 235 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament(
1);
Having regard to the Opinion of the Economic and Social Committee;
Whereas the operation and development of the common market in
agricultural products must be accompanied by the establishment of a
common agricultural policy and whereas the latter must include in
particular a common organisation of agricultural markets, which maytake various forms depending on the product concerned;
Whereas Community production of hops is of especial interest for the
economy of certain regions of the Community; whereas, for certain
farmers in these regions, hop production represents a major part of their
income;
Whereas, since vegetable saps and extracts of hops are not listed in
Annex II to the Treaty, they are excluded from application of the
provisions therein concerning agriculture, whilst hops are subject
thereto; whereas, however, since the products in question are broadlyspeaking interchangeable, this situation is liable to prejudice the effectof the common agricultural policy in hops; whereas measures adoptedfor hops in respect of trade with third countries pursuant to Article 113
and the marketing rules adopted for hops pursuant to Article 235 should
be extended to vegetable saps and extracts of hops;
Whereas international trade has traditionally held great importance for
producers and users of hops within the Community; whereas in the mainthe best return on Community production has up to now been obtained
through its competitiveness on the world market and through flexible
adjustment of quality and quantity of production to marketing outlets;whereas the common organisation of the markets should not make anybasic changes in this situation but should contribute by appropriatemeasures to the improvement of the quality of the products and protect
the producers from any lowering of their present standards of living;
Whereas a quality policy should be followed throughout the Community
by implementing provisions concerning certification of the designationof origin together with rules prohibiting, as a general rule, the marketing
of products for which the certificate has not been issued or, in the case of
imported products, those which do not comply with equivalent minimumquality characteristics; whereas provision should be made for thedefinition of a standard quality constituting a basis for reference incommercial transactions and ensuring satisfactory alignment of themarket;
Whereas adequate information is needed about the present state of the
market within the Community and the prospects for its development;whereas, in this respect, the fact that a large part of the output ismarketed under contracts concluded before the harvest and even for
several years may facilitate forward planning for the development of the
market; whereas provision should therefore be made for the registrationof all contracts to supply hops produced within the Community;whereas, however, this information should be kept secret in order toassure the persons concerned that it will be used entirely for statisticalpurposes and in order thus to obtain entirely objective information;1971R1696 — EN — 01.01.2001 — 018.001 — 2
(1) OJ No C 66, 1.7.1971, p. 28.
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Whereas, in order to stabilise markets and to ensure a fair standard of
living for the agricultural community and reasonable prices for suppliesto consumers, centralisation of the supply and the joint adaptation by
growers of their produce to the requirements of the market should be
encouraged;
Whereas to this end the grouping of growers in bodies which require
their members to comply with common rules is likely to further the
achievement of the objectives of Article 39 of the Treaty; whereas these
objectives may be pursued, in particular, not only by the grouping ofgrowers within producer groups but also by the formation of unions ofthese groups;
Whereas in order to avoid any discrimination between producers and to
ensure the unity and effectiveness of any action undertaken, conditionsshould be fixed, for the whole of the Community, with which producers'groups and unions of groups must comply in order to be recognised bythe Member States; whereas in order to obtain effective centralisation ofsupply it is necessary in particular that the groups and unions should be
of an economically viable size and that the entire output of member
producers of groups should be marketed either directly by the group orby the union or by the producers, according to common rules;
Whereas provision should be made for measures calculated to facilitate
the setting up and functioning of these groups; whereas, to this end,
Member States should be allowed to grant them aid to be financed inpart by the Community; whereas, however, the amount of such aidshould be limited and should be designated as temporary and degressiveso that the financial responsibility of the producers will progressivelyincrease;
Whereas some Community hop gardens need to be adapted in respect
both of the varieties produced and of the possibility of rationalisingcultivation and harvesting operations; whereas, for a certain number ofyears, conversion of the hop gardens to different varieties and their
reorganisation should be facilitated by granting specific aid to producers'
groups undertaking such activities;
Whereas, in order to ensure a fair standard of living for producers, a
system of aid should be provided; whereas the Commission must present
a report to the Council annually after marketing the harvest so that it
may be decided whether such aid should be fixed; whereas the aid maybe granted if examination of this report reveals that the average returnper hectare has been insufficient taking into account the present stateand foreseeable trend of the market;
Whereas the proposed measures must enable a system of importation to
be provided for which includes no measures other than the implementa-tion of the Common Customs Tariff; whereas that tariff appliesautomatically under the Treaty from 1 January 1970;
Whereas these measures make it possible to waive all quantitative
restriction at the external frontiers of the Community; whereas thisprocedure may, however, in exceptional cases, be found to beineffective; whereas, in such cases, in order not to leave the Communitymarket defenceless against disturbances liable to arise therefrom oncepreviously existing obstacles to imports have been abolished, the
Community must be empowered to take all necessary measures quickly;
Whereas, in internal Community trade, the levying of any customs duty
or charges having an equivalent effect and the application of anyquantitative restriction or any measure having an equivalent effect are
automatically prohibited from 1 January 1970 under the provisions of
the Treaty; whereas, finally, in the absence of minimum prices on 31December 1969, recourse to Article 44 of the Treaty is automaticallyexcluded from 1 January 1970;
Whereas the effectiveness of all the measures governing the common
organisation of the market in hops would be prejudiced by the grantingof certain aids on the part of the Member States; whereas the provisionsof the Treaty enabling aids granted by the Member States to beevaluated and aids which are incompatible with the common market tobe prohibited should be applied to the market in hops; whereas,1971R1696 — EN — 01.01.2001 — 018.001 — 3
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however, provision should be made for a temporary system for national
aid granted for contracts lasting several years made before the entry intoforce of the common organisation of the market;
Whereas the Community should be made financially responsible for
expenditure incurred by the Member States as a result of obligations
arising from the implementation of this Regulation, in accordance with
the provisions of the regulations on the financing of the commonagricultural policy;
Whereas the transition from the system in force in the Member States to
that set up by this Regulation must be carried out under the best possibleconditions; whereas, for this reason, temporary measures may prove tobe necessary;
Whereas the common organisation of the market in hops must take
account, at the same time and in an appropriate manner, of theobjectives laid down in Articles 39 and 110 of the Treaty;
Whereas in order to facilitate the implementation of the proposed
provisions, a procedure should be laid down establishing close co-operation between the Member States and the Commission within aManagement Committee;
HAS ADOPTED THIS REGULATION:
Article 1
1. A common organization of the market in hops shall be established,
covering the following products:
CN code Description of goods
1210 Hop cones, fresh or dried, whether or not ground, powdered or in
the form of pellets; lupulin
2. The rules concerning marketing and trade with third countries shall
also apply to the following products:
CN code Description of goods
1302 13 00 Vegetable saps and extracts of hops
3. For the purpose of this Regulation,
(a) ‘hops’ means the dried inflorescenses, also known as cones, of the
(female) climbing hop plant (humulus lupulus) ; these inflorescenses,
which are greenish yellow and of an ovoid shape, have a flower stalkand their longest dimension generally varies from 2 to 5 cm;
(b) ‘hop powder’ means the product obtained by milling the hops,
containing all the natural elements thereof;
(c) ‘hop powder with higher lupulin content’ means the product
obtained by milling the hops mechanical removal of a part of theleaves, stalks, bracts and rachides;
(d) ‘extract of hops’ means the concentrated products obtained by the
action of a solvent on the hops or on the hop powder;
(e) ‘mixed hop products’ means a mixture of two or more of the
products referred to above.1971R1696 — EN — 01.01.2001 — 018.001 — 4
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4. Within the meaning of Article 12 (5):
(a) hops at the first stage of preparation are hops which have passed the
first drying treatment, and are packed and ready for sale;
(b) areas in full production:
areas in full production from the third year of production.
TITLE I
Marketing
Article 2
1. The products referred to in Article 1, harvested within the
Community or prepared from hops harvested within the Community
or imported from third countries shall be subject to a certification
procedure.
2. The certificate may be issued only for products having the
minimum quality characteristics appropriate to a specific stage of
marketing. ►M10In the case of the products referred to in Article 1 (3)
(b) to (e) the certificate may only be issued if the alpha acid content ofthese products is not lower than that of the hops they have been preparedfrom.◄
3. The certificate must show at least:
(a) the place(s) of production of the hops;
(b) the year(s) of harvesting;
(c) the variety or varieties.
4. The Council, acting by qualified majority on a proposal from the
Commission, shall adopt, for each product, general rules for the
application of this Article and the date from which it shall be applied.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure provided for in Article 20.
Article 3
1. Where products referred to in Article 1 are subject to a certification
procedure ►
M1 ◄, they may only be marketed or
exported if the certificate has been issued.
2. Measures derogating from the provision laid down in paragraph 1
may be decided upon according to the procedure provided for in Article20:
(a) in order to satisfy the trade requirements of certain third countries;
or
(b) for products intended for special uses.
The measures provided for in the preceding subparagraph must:
— not prejudice the normal marketing of products for which the
►
M1 ◄certificate has been issued,
— and be accompanied by guarantees intended to avoid any confusion
with those products.
Article 5
1. The products referred to in Article 1 coming from third countries
may be imported only if their quality standards are at least equivalent tothe minimum limits for marketing adopted for like products, harvestedwithin the Community, or their derivatives.1971R1696 — EN — 01.01.2001 — 018.001 — 5
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2. The products referred to in Article 1 shall be considered as being
of the standard referred to in paragraph 1 if they are accompanied by anattestation issued by the authorities of the country of origin and
recognized as equivalent to the certificate referred to in Article 2. The
equivalence of these attestations shall be verified ►
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according to the procedure provided for in Article 20.
3. Rules for the application of this Article shall be adopted in
accordance with the procedure provided for in Article 20.
TITLE II
Supply contracts
Article 6
1. Any contract to supply hops produced within the Community
concluded between a producer or an association of producers and abuyer shall be registered by the bodies designated for that purpose by
each producer Member State.
2. Contracts relating to the supply of specific quantities at agreed
prices for a period covering one or more harvests and concluded before
1 August of the year of the first harvest concerned shall be known as
‘contracts concluded in advance’. They shall be registered separately.
3. Member States shall periodically provide the Commission with
statistical information on the registration of contracts.
4. The data on which registration is based may be used only for the
purposes of this Regulation.
5. Rules for the application of this Article shall be adopted in
accordance with the procedure provided for in Article 20.
TITLE III
Producer groups
Article 7
1. For the purposes of this Regulation, ‘producer group’ means a
group consisting exclusively or, when national legislation allows, mainlyof hop producers formed on the initiative of the producers for thepurpose of, in particular:
(a) concentrating supply and stabilizing the market by marketing all the
produce of the members or, if necessary, by purchasing hops at ahigher price than that laid down in Article 7 (3) (b);
(b) adapting such production jointly to the requirements of the market
and improving the product by converting to other varieties, by
reorganizing hop gardens, by carrying out promotion, and byconducting research into production, marketing and integratedprotection;
(c) promoting the rationalization and mechanization of cultivation and
harvesting operations in order to render production more profitable
and better protect the environment;
(d) deciding what varieties of hops may be grown by its members and
adopting common rules on production;
(e) managing the aid system provided for in Article 12 by allocating the
share of the aid to each member of the group in proportion to area
cultivated, subject to the application of paragraph 5 of that Article;
and recognized by a Member State under the provisions of paragraph 3.1971R1696 — EN — 01.01.2001 — 018.001 — 6
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1a. Producer groups may use up to 20 % of the aid for measures
designed to attain the aims referred to in paragraph 1 (a) to (d).
2. For the purposes of this Regulation, ‘union’ means a union of
recognized producer groups pursuing the same objectives as thesegroups and recognized by a Member State under the provisions of
paragraph 3.
3. Member States shall recognize the producer groups and unions
thereof which request recognition and fulfil the following general
conditions:
(a) apply common rules for production and placing on the market (first
stage of marketing);
(b) include an obligation in their statutes on producers who are members
of groups and on recognized producer groups which are members ofunions to:
— comply with the common rules on production and decisions on
the varieties to be grown,
— market all their produce through the group or the union.
That obligation shall not apply, however, to products covered by
sales contracts concluded by producers before they joined the group,
provided that the latter is informed of and has approved suchcontracts.
However, where the producer group so authorizes and under the
conditions it lays down, member producers may:
— replace the obligation to have all their production marketed by
the producer group with marketing in accordance with common
rules incorporated in the statutes to ensure that the producergroup has the right to monitor selling prices, which it mustapprove, failure to do so requiring the group to take over thehops at a higher price;
— market, through the offices of another producer group designated
by their own group, products which by virtue of theircharacteristics are not necessarily covered by the commercialactivities of the latter;
(c) provide proof of an economically viable activity;
(d) exclude throughout their field of activity any discrimination between
Community producers or groups in respect of, in particular, theirnationality or place of establishment;
(e) guarantee all producers who undertake to comply with the statutes,
without discrimination, the right to belong to a group;
(f) include in their statutes provisions aimed at ensuring that the
members of a group or union who wish to give up their membershipmay do so after a period of membership of at least three years andprovided that they inform the group or union at least one year beforethey leave of their intention of doing so.
Those provisions shall apply without prejudice to the national laws
or regulations designed to protect, in specific cases, the group orunion or creditors thereof against the financial consequences whichmight arise from a member leaving, or to prevent a member fromleaving during the budgetary year;
(g) have the legal personality or sufficient legal capacity to be subject,
under the provisions of national legislation, to rights and obligations;
(h) include in their statutes the obligation to keep separate accounts for
the activities in respect of which they have been recognized;
(i) do not hold a dominant position in the Community.
4. The authority competent to recognize producer groups and unions
thereof shall be the Member State within whose territory the producergroup or union has its registered office.1971R1696 — EN — 01.01.2001 — 018.001 — 7
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5. Rules for the application of this Article, and in particular the
management of the aid system laid down in paragraph 1 (e), thedefinition of ‘placing on the market’ for the purposes of paragraph 3 (a),
and rules concerning the provisions laid down in paragraph 3 (f), shall
be adopted in accordance with the procedure provided for in Article 20.
TITLE IV
Aid to producers
Article 12
1. A system of aid shall be instituted for hops produced in the
Community.
2. Aid may be granted to producers to enable a fair income to be
realized.
3. (a) In those Community regions in which recognized producer
groups are able to ensure a fair income for their members and toachieve rational management of supply, the aid shall be grantedto such producer groups alone.
(b) In the specific case where a producer is established in a Member
State other than that of the group of which he is a member, thefull amount of the aid shall be paid directly to that producer bythe competent authorities of the Member State in which he is
established.
(c) In the other regions, aid shall also be granted to individual
producers.
4. The Council, acting on a proposal from the Commission based on
the information communicated to it by the Member States, shall adopt in
good time by a qualified majority the list of the regions which are
referred to in the first subparagraph of paragraph 3.
5.►
M15(a) The aid per hectare shall be the same for all groups of
varieties. For a period of eight years from the 1996 harvest, it
shall amount to EUR 480/ha. ◄
(b) Where the aid is granted to a recognized producer group in
accordance with the first subparagraph of paragraph 3, the group
shall be able to decide whether to pay the full aid each year, to itsmembers in proportion to the area they cultivate or only apercentage of at least 80 % thereof, depending on whether thereare still applications pending for varietal conversion or possibly
other aims to be attained in accordance with ►
C1Article 7 (1)
(a) - (d) ◄.
(c) Where the aid is granted to a recognized producer group and
where that body does not market all the produce of its members,
it shall each year withhold 20 % of the aid to producers to attainthe aims referred to in (b).
(d) The aid withheld may be accumulated for a maximum period of
three years; at the end of that period all aid withheld must havebeen spent.1971R1696 — EN — 01.01.2001 — 018.001 — 8
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(e) In the case referred to in paragraph 3 (b) of this Article, the
producer in question must pay to the producer group of which heis a member an amount equivalent to the amount withheld in
accordance with points (b) or (c) above.
6. Where the market situation shows that there is a risk of creating
structural surpluses or disturbance in the supply structure of the
Community hop market, the Council acting on a proposal from theCommission in accordance with the procedure laid down in Article37(2) of the Treaty, may adjust the amount of the aid set in paragraph 5either:
(a) by granting the aid solely in respect of part of the area under hops
registered for the year in question, adjusting the aid where the needarises; or
(b) by declaring ineligible for aid those areas under hops which are in
their first and/or second year of production.
8. The arrangements for implementing this Article shall be adopted in
accordance with the procedure laid down in Article 20.
Article 13
1. Subject to Article 12 (6), aid shall be granted for registered areas
on which the crop has been harvested.
Member States shall designate the bodies which are competent to
register, for each producer, the areas under hops, and which are
responsible for control and maintenance of the register.
2. For the purposes of this Article, Member States may consider a
recognised producer group as a single producer.
3. The Council, acting in accordance with the voting procedure laid
down in Article 43 (2) of the Treaty on a proposal from the Commission,shall adopt general rules for the application of this Article.
4. Detailed rules for the application of this Article shall be laid down
in accordance with the procedure provided for in Article 20.
TITLE V
Trade with third countries
Article 14
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 15
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe classification of products covered by this Regulation.
2. Save as otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in trade with
third countries:
— the levying of any charge having equivalent effect to a customs duty,1971R1696 — EN — 01.01.2001 — 018.001 — 9
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— the application of any quantitative restriction or measure having
equivalent effect.
Article 15 a
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 is affected by, or is threatenedwith, serious disturbance likely to jeopardize the achievement of the
objective set out in Article 39 of the Treaty, appropriate measures may
be applied in trade with third countries until such disturbance of threat ofdisturbance or disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shall
adopt the general rules for the application of this paragraph and shall
define in what cases and within what limits Member States may takeprotective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decide
upon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-sion receives a request from a Member State, it shall take a decisionthereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2) ofthe Treaty.
TITLE VI
General provision
Article 16
Except where otherwise provided for in this Regulation, Articles 92, 93
and 94 of the Treaty shall apply to production of and trade in theproducts referred to in Article 1 (1).
Article 16a
In cases where there is a danger of creating surpluses or of a disturbance
in the supply structure of the market, the Council, acting by a qualified
majority on a proposal from the Commission, may take appropriatemeasures to prevent market imbalance. Such measures may, forinstance, take the form of action affecting:
— the production potential,
— the volume of supply,— the marketing conditions.
Article 17
1. The Regulations on the financing of the common agricultural
policy shall apply to the market in the products referred to in Article1(1) from the date of implementation of the arrangements laid downherein.1971R1696 — EN — 01.01.2001 — 018.001 — 10
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3. Member States shall pay the aid referred to in Article 12 to the
producers between 16 October and 31 December of the marketing yearin respect of which the aid is applied for.
4. The Commission shall, following the procedure laid down in
Article 20, adopt rules for the application of this Article
Article 18
The Member States and the Commission shall send each other such
information as is necessary for the implementation of this Regulation.The procedure for forwarding, assessing and disseminating suchinformation shall be adopted in accordance with the procedure laiddown in Article 20.
On the basis of that information the Commission shall undertake to draw
up an assessment of the sector for the Council of the European Unionbefore►
M1531 December 2003 ◄; that assessment may, if
appropriate, be accompanied by proposals.
Article 20
1. The Commission shall be assisted by a ‘management committee
for hops’ (hereinafter referred to as ‘the committee’).
2. Where reference is made to this Article, Articles 4 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The committee shall adopt its rules of procedure.
Article 21
The Committee may consider any other question referred to it by its
Chairman, acting either on his own initiative or at the request of therepresentative of a Member State.
Article 22
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles 39 and 110 of the
Treaty.
Article 23
Should transitional measures be necessary to facilitate the transition to
the system, as amended by Regulation (EEC) No 1170/77, in particular
if the introduction of the amended system on the date laid down meetswith substantial difficulties, such measures shall be adopted inaccordance with the procedure laid down in Article 20. They shallremain applicable until 31 December 1980 at the latest.
Until this date the United Kingdom shall be authorized to pay producers
the amount of production aid through the intermediary of a body it shallappoint.
Article 24
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .1971R1696 — EN — 01.01.2001 — 018.001 — 11
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The provisions of Articles 11, 12 and 13 shall apply, for the first time, to
the 1971 harvest.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1971R1696 — EN — 01.01.2001 — 018.001 — 12