1978R3076 — EN — 30.10.1993 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No3076/78
of21December 1978
ontheimportationofhopsfromnon-membercountries
(OJ L 367, 28.12.1978, p. 17)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1465/79 of 13 July 1979 L 177 35 14.7.1979
►M2Commission Regulation (EEC) No 4060/88 of 21 December 1988 L 356 42 24.12.1988
►M3Commission Regulation (EEC) No 2264/91 of 26 July 1991 L 208 20 30.7.1991
►M4Commission Regulation (EEC) No 2940/92 of 9 October 1992 L 294 8 10.10.1992
►M5Commission Regulation (EEC) No 717/93 of 26 March 1993 L 74 45 27.3.1993
►M6Commission Regulation (EEC) No 2918/93 of 22 October 1993 L 264 37 23.10.1993
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COMMISSIONREGULATION(EEC)No3076/78
of21December 1978
ontheimportationofhopsfromnon-membercountries
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to Council Regulation (EEC) No 1696/71 of 26 July
1971 on the common organization of the market in hops(1), aslas t
amended by Regulation (EEC) No 1170/77(2), and in particular Arti-
cles5 (3) and 18 thereof,
WhereasArticle 5 of Regulation (EEC) No 1696/71 providesthat hops
and hop productsfrom non-member countriesmay be imported only iftheir quality standards are at least equivalent to the minimum limits formarketing adopted for like productsharves ted within the Community
or their derivatives; whereas it provides, however, that these products
should be considered as being of the standards referred to above ifthey are accompanied by an attestation issued by the authorities of thecountry of origin and recognized asequivalent to the certificaterequired for the marketing of hopsand hop productsof Community
origin;
Whereas the detailed rules for checking these requirements, drawing up
the attestations and recognizing the equivalence thereof are laid down
in Commission Regulations (EEC) No 1646/78(
3) and (EEC) No 2397/
78(4), asamended by Regulation (EEC) No 2709/78(5);
Whereas the experience gained since the entry into force of these
Regulations shows that it is necessary to supplement them and, for thesake of administrative simplicity, to bring together in one Regulationall the provisions concerning the free circulation of hops and their deri-vativesfrom non-member countriesand to rule s eparately on theequivalence of attestations issued by non-member countries;
WhereasCouncil Regulation (EEC) No 1784/77 of 19 July 1977 on the
certification of hops(
6) laysdown very s trict marketing requirements
for hop products, and mixtures in particular; whereas there is at the
moment no effective method of checking at frontiersthat thes e require-ments are met; whereas the only possible substitute for such a check isan undertaking on the part of the exporting countriesto comply withthe Community's marketing requirements for these products; whereasit is therefore necessary to require that such products be accompanied
by an attestation as specified in Article 5 (2) of Regulation (EEC)
No 1696/71;
Whereasthe minimum marketing requirementsfor hopswere s et by
Commission Regulation (EEC) No 890/78 of 28 April 1978 layingdown detailed rulesfor the certification of hops(
7); whereasit isneces -
sary to lay down detailed rules for the checking of these requirementswhere hopsare imported from non-member countrieswithout an attes -tation recognized asequivalent;
Whereas, in order to facilitate control by the competent authorities of
the Member States, it is essential to prescribe the form and, where
necessary, the content of the attestation and the rules for its utilization;
Whereas, in order to take account of trade practices, the competent
authorities must be empowered, if a consignment is split up, to have1978R3076 — EN — 30.10.1993 — 001.001 — 2
(1) OJ No L 175, 4. 8. 1971, p. 1.
(2) OJ No L 137, 3. 6. 1977, p. 7.
(3) OJ No L 191, 14. 7. 1978, p. 25.
(4) OJ No L 289, 14. 10. 1978, p. 1.
(5) OJ No L 327, 22. 11. 1978, p. 8.
(6) OJ No L 200, 8. 8. 1977, p. 1.
(7) OJ No L 117, 29. 4. 1978, p. 43.
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prepared under their supervision an extract from the attestation in
respect of each new consignment resulting from the splitting up;
Whereas, by analogy with the Community's certification system,
certain productss hould be exempt by virtue of their utilization fromthe checking or the presentation of the attestations provided for in thisRegulation;
Whereasthe Management Committee for Hopshasnot delivered an
opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Entry into free circulation in the Community of the productsfrom
non-member countrieslis ted in Article 1 of Regulation (EEC) No 1696/71 shall be conditional upon proof being furnished that the require-mentss pecified in Article 5 (1) of that Regulation have been met.
2. The proof referred to in paragraph 1 shall be furnished by produc-
tion of the attestation provided for in Article 5 (2) of that Regulation,hereinafter called an ‘attestation of equivalence’.
3. For the purposes of this Regulation, ‘consignment’ means a quan-
tity of a product having the same characteristics and sent by the sameconsignor at the same time to the same consignee.
Article 2
1. The attestation of equivalence referred to ►
M3in Article 1
(2)◄shall be made out for each consignment and shall consist of an
original and two copiesto be drawn up on a form corres ponding to the
model set out in Annex I hereto and in accordance with the instructions
given in Annex IV hereto.
2. An attestation of equivalence shall be valid only if it is duly
completed and authenticated by one of the competent authoritiesin
the third country of origin.
3. A duly authenticated attestation is one which shows the place and
date of issue and which has been signed and bears the stamp of the
issuing authority.
Article 3
1. Each unit of packaging covered by an attestation of equivalence
shall bear the following particulars in one of the Communitylanguages:
— the description of the product,
— the variety or varieties,
— the country of origin,
— the marks and numbers indicated in section 9 of the attestation of
equivalence or the extract.
2. The particularss hall appear in legible, indelible charactersof
uniform size on the outside of the package.
Article 4
1. Until ►
M430 April 1994 ◄, in the case of hops originating
from third countrieswhich have not authorized certain agenciestoissue attestations of equivalence, the proof referred to in Article 1may be furnished with regard to hop cones falling within CN 1210 10by production of the control attestation referred to in paragraph 2.1978R3076 — EN — 30.10.1993 — 001.001 — 3
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Hopsimported with a control attes tation and hop productsprepared
from hops imported with such an attestation may not be covered by acertification procedure.
2. The control attestation shall be issued in respect of each consign-
ment by the competent authoritiesof the Member Statesafter a checkhasbeen made for conformity with the minimum marketing require-
mentss et out in the Annex to Regulation (EEC) No 890/78 in
accordance with the methodslaid down in Article 3 (2) and (3) of thesaid Regulation.
3. A control attestation may be issued for a consignment of hops
only if the consignment is accompanied by a declaration which hasbeen issued by an official body of the country of origin and which indi-
catesthe country of origin of the hopsin ques tion.
4. The Member States shall forward to the Commission the name
and address of the authorities referred to in paragraph 2, together withimpressions of the official stamp and, where appropriate, the embossingpresses of the competent authorities.
5. Control attestations shall be drawn up in one original and two
copieson a form corres ponding to the model in Annex III hereto and
in accordance with the instructions in Annex IV hereto.
Article 5
1. Where a consignment covered by an attestation of equivalence is
split up and redispatched before its entry into free circulation, an attes-
tation extract shall be drawn up in respect of each new consignment
resulting from such splitting. The attestation shall be replaced by thenecessary number of attestation extracts. Each extract shall be drawnup by the party concerned in one original and two copieson a formcorresponding to the model given in Annex II hereto and in accordance
with the provisions relating to the attestation of equivalence laid down
in Article 2 (1).
2. The customs authorities shall endorse accordingly the original and
the two copies of the attestation of equivalence, and shall countersignthe original and the two copiesof each extract. They s hall retain theoriginal of the attestation, send the two copies to the official body
responsible for ensuring compliance with the certification system
referred to in Article 1 (6) of Regulation (EEC) No 1784/77 and returnthe original and the two copiesof each extract to the pers on concerned.
Article 6
On completion of customs formalities required for the entry into circu-
lation in the Community of the product to which the attestation ofequivalence, the extract or the control attestation relates, the original
and the two copies shall be submitted to the customs authorities who
shall countersign them, retaining the original. One copy shall beforwarded by the customs authorities to the official body responsiblefor supervising the certification system, as referred to in Article 1 (6)of Regulation (EEC) No 1784/77, of the Member State where the
product enters into free circulation. The second copy shall be returned
to the importer, who must keep it for at least three years.
Article 7
►
M1If the consignment is resold or split up after it has been put into
free circulation, the product must be accompanied by an invoice orother commercial document drawn up by the vendor, giving the refer-ence number of the attestation of equivalence, the extract or the control
attestation, together with the name of the authority which issued them
and the following information copied: ◄
1. from the attestation of equivalence or the extract:
(a) for hops:1978R3076 — EN — 30.10.1993 — 001.001 — 4
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— the description of the product,— the gross weight,— the place of production,
— the year of harvest,
— the variety,— the country of origin,— the markingsand identification numbersgiven in s ection 9
of the attestation;
(b) for productsmanufactured from hops , in addition to the particu-
lars listed under (1) (a): place and date of processing;
2. from the control attestation:
— description of the product,
— the gross weight,— the markingsand numbersof the packages .
Article 7(a)
The Member States shall regularly carry out checks on a random basis
to verify whether hopswhich are imported purs uant to Article 5 ofRegulation (EEC) No 1696/71 comply with the minimum marketingrequirementss et out in the Annex to Regulation (EEC) No 890/78.
They shall report to the Commission, every year by 30 June, the
frequency, type and result of the checks which were carried out overthe year preceding that date. The checks shall cover at least 5 % ofthe number of hop consignments expected to be imported from a thirdcountry into the Member State in question during this year.
If the competent authoritiesof the Member Statesfind that the s amples
examined do not satisfy the minimum marketing requirements
mentioned above, the corresponding consignments may not be
marketed in the Community.
If a Member State discovers that the characteristics of a product do not
conform to the details listed on the attestation of equivalence accompa-nying the product it shall notify the Commission hereof. In accordancewith the procedure provided for in Article 20 of Regulation (EEC)No 1696/71, a decision may be taken to withdraw the agency havingissued the attestation of equivalence for such products from the list
annexed to Regulation (EEC) No 3077/78.
Article 8
By way of derogation from thisRegulation, neither the production of
the documentss pecified in Article 1 (2) nor compliance with the provi-sions of Article 3 shall be required for the entry into free circulation ofthe following hopsand hop productswhere the weight per individualpackage doesnot exceed ►
M1one kilogram ◄in the case of hop
conesand hop powder and ►M1300 grams ◄in the case of hop
extracts:
(a) small packages for sale to private individuals for their own use;
(b) for scientific and technical experiments;
(c) for fairs covered by the special customs arrangements for fairs.
The description, weight and final utilization of the product must appear
on the packaging.
Article 9
Regulations(EEC) No 1646/78 and (EEC) No 2397/78 are hereby
repealed.
However, the form ass hown in Annex I to Regulation (EEC) No 2397/
78 and the control attestation form as referred to in Article 2 of Regu-1978R3076 — EN — 30.10.1993 — 001.001 — 5
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lation (EEC) No 1646/78 issued by the Member States shall remain
valid until 1 January 1981.
Article 10
ThisRegulation s hall enter into force on 1 January 1979.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1978R3076 — EN — 30.10.1993 — 001.001 — 6
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ANNEXI
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ANNEXII
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ANNEXIII
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ANNEXIV
RULES GOVERNING THE FORMS REQUIRED BY THIS REGULA-
TION
I. PAPER
The paper to be used is a white paper weighing at least 40 g/m2.
II. SIZE
The size is:
— 210 × 297 mm for the attestation of equivalence and its extracts,
— 210 × 148 mm for the control attestation.
III. LANGUAGES
A. The attestation of equivalence must be printed in one of the official
languagesof the Community; it can als o he printed in the official
language or one of the official languages of the issuing country.
B. The extract of the attestation of equivalence and the control attestation
must be printed in one of the official languages of the Community
designated by the responsible authorities of the issuing Member State.
IV. COMPLETION OF THE FORMS
A. The formss hall be completed by typewriter or by hand; in the latter
case, they shall be completed legibly in ink and in printed characters.
B. Each form is individualized by a number given by the issuing authority,
this number being the same for the original and its two copies.
C. In the case of the attestation of equivalence and its extracts:
1. section 5 shall not be completed for hop products made from blends
of hops;
2. sections 7 and 8 shall be completed for all products made from hops;3. the description of the products shall be one of the following:
(a) ‘unprepared hops’: i.e. hops which have only undergone preli-
minary drying and packaging,
(b) ‘prepared hops’: i.e. hops which have undergone final drying and
packaging,
(c) ‘hop powder’ (which shall include hop pellets and enriched hop
powder),
(d) ‘isomerized hop extract’: i.e. an extract in which the alpha acids
have been almost totally isomerized,
(e) ‘extract of hops’: i.e. other extracts than isomerized extract of
hops,
(f) ‘mixed hop products’: i.e. a mixture of the products set out under
(c), (d) and (e) above, excluding hops;
4. the description ‘unprepared hops’ or ‘prepared hops’ shall be
followed by the word ‘seedless’ if the seed content is less than 2 %
of the weight of the hops, and by the word ‘seeded’ in other cases;
5. in cas eswhere productsmade from hopsare obtained from hopsof
different varietiesand/or different placesof production, thes e
different varieties and/or places of production shall be stated in
section 9, followed by the percentage by weight of each variety
from each production area making up the blend.1978R3076 — EN — 30.10.1993 — 001.001 — 10