7. 3. 77 Official  Journal  of the European  Communities No C 56/23 
3.3.1.  The  word  'preferably'  should  be deleted  and 
the words  'where  possible'  substituted  therefore. articles.  Accordingly,  the first  sentence  should  read: 
'The  total  weight  of precious  metal  in articles  re-
ferred  to in subparagraphs  (a) and  (b) above  must 
be given  in grams  at the  centre  of a mark,  con-
sisting  of an isosceles  triangle,  stamped  close  to the 
other  marks.' 3.4. Annex  III 
3.4.1.  Subsection  III of section  B should  allow  the 
potentiometric  method  to be used.  The  following 
should  be inserted: 
'(c) By the potentiometric  method.' Done  at Brussels,  2.5 November  1976. 
3.5. Annex  IV — paragraph  2 The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI 3.5.1.  The  Committee  approves  these  provisions,  but 
is adamant  that  they  should  not  be applied  to other 
Opinion  on the amendments  to a proposal  for a Council  Regulation  amending  Regulation 
(EEC)  No  1696/71  on the  common  organization  of the  market  in hops 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 240  of 13 October  1976,  page  7. 
On 30 September  1976,  the  Council  referred  the abovementioned  amended  proposal 
to the Economic  and  Social  Committee  in accordance  with  Article(s)  47 and  198  of the 
Treaty  establishing  the European  Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
143rd  plenary  session,  held  in Brussels  on 24 and  25 November  1976. 
The full  text  of the opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, Having  regard  to the decision  taken  by its Chairman 
on 1 October  1976,  instructing  the Section  for Agri-
culture  to prepare  the work  on the matter, Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  47 and  198  thereof, Having  regard  to its previous  work  on the  matter 
including  its opinion  of 26 May  1976  on the proposal 
for a Council  Regulation  amending  Regulation  (EEC) 
No 1696/71  on the  common  organization  of the 
market  in hops, Having  regard  to the request  for an opinion  made  by 
the Council  of the  European  Communities  on 30 
September  1976, 
No C 56/24 Official  Journal  of the European  Communities 7. 3. 77 
Having  regard  to the orail  report  made  by the rappor-
teur,  Mr Bernaert, 
Having  regard  to the  opinion  issued  by che  Section 
for Agriculture  at its meeting  on 4 November  1976, 
Having  regard  to the discussions  at its 143rd  plenary 
session,  held  on 24 and  25 November  1976  (meeting 
of 24 November  1976), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  three  abstentions: 
The Economic  and Social  Committee  has the following 
comments  to make  on the proposals  under  review: 
1. Introduction 
1.1.0.  Before  setting  out  its views,  the  Committee 
considers  that  the proposals  under  review  need  to be 
put in their  proper  context,  otherwise  the  sheer 
welter  erf references  coupled  with  the lack  of a codi-
fied basic  Regulation  is likely  to oibfuscate  the issues. 
1.1.1.  The  proposals  under  review  amend  the  pro-
posal  for a Council  Regulation  of 16 February  1976, 
on which  the  Economic  and  Social  Committee  de-
livered  an opinion  on 26 May  1976  (1). In turn,  the 
proposal  of February  1976  seeks  to amend  basic 
Regulation  (EEC)  No  1696/71  on  the  common 
organization  of the market  in hops. 
The proposals  under  review  are  a follow-up  to the 
Council  resolution  of 20 July  1976  on the new  guide-
lines  for stabilizing  the market  in hops. 
1.1.2.  The  proposals  'under  review  are  summarized 
below: 
(a) producers'  groups:  it lis proposed  to amend  the 
'following  paragraphs  of Article  5 (the  Article  5 in 
question  being  a proposed  amended  version  of 
Article  7 of basic  Regulation  (iBE'C)  No 1696/71): 
— 3. (b): it is proposed  that  contracts  concluded 
by a producer  prior  to joining  a group 
(*) OJ No C 197,  23. 8. 1976. should  at all events  be -respected  during 
the transitional  period, 
— 3. (e): 'it is proposed  to increase  to two  years 
the minimum  period  of notice  'for ter-
mination  of membership  oif a group 
(this extension  had  been  requested  by 
the Economic  and  Social  Committee), 
— 3. (h): it is proposed  to amend  3 (h) along  the 
lines  suggested  by the European  Parlia-
ment; 
(b) structural  action:  it is proposed  to amend  Article 
7 — an Article  which  in turn  amends  Article  9 of 
the basic  Regulation  —  by:  (a)  imposing  a 
temporary  ban  on increasing  areas  under  hops 
(a move  already  decided  on iby the Council);  (b) 
extending  the  time  limit  for  changing  varieties 
and reorganizing  hop  gardens  (as requested  by the 
European  Parliament); 
(c) Article  16 (a):  it is proposed  to insert  this  new 
paragraph  in the basic  Regulation,  where  it will 
serve  as a legal  basis  for the preventive  measures 
outlined  in the Council  resolution  of 20 July  1976. 
2. General  comments 
2.1.0.  The  Committee  notes  with  satisfaction  that 
the Commission  has taken  up some  of the ideas  dt put 
forward  in its opinion  of 26 May  1976. 
2.1.1.  Other  recommendations  made  by  the 
Committee  in that  previous  opinions  have  not  been 
followed  up. The  Committee  particularly  regrets  that 
the Commission  has not accepted  its recommendation 
on the consolidation  of legal  instruments. 
2.1.2.  The  Committee  would  draw  attention  to the 
need  to consolidate  the  legal  instruments  which 
govern,  or are  shortly  to govern,  hop-growing  and 
marketing  in the Community. 
2.1.3.  The  Committee  also  hopes  that  the  Com-
mission  will endeavour  to ensure  that  future  proposals 
are presented  in such  a way  that  the issues  on which 
the Economic  and  Social  Committee  is consulted  are 
clearly  defined. 
7. 3. 77 Official  Journal  of the European  Communities No C 56/25 
3. Specific  comments 
3.1. Article  5 (3) (e) 
The Committee  is pleased  that  the Commission  has 
taken  up the  recommendation  made  in its opinion 
of 26 May  1976  that  'at least  one  year'  be replaced 
by 'at least  two  years'. 
3.2. Article  5 (3) (h) 
The Committee  notes  that  by deleting  'or on a sub-
stantial  part  thereof'  from  Article  5 (3) (h)  of its 
previous  proposal,  the Commission  has  responded  to 
a recommendation  made  by the European  Parliament. 
3.3. Article  7 
3.3.0.  The  Committee  considers  it necessary  to define 
more  clearly  to whom  the ban  on .increases  in areas 
under  hops  should  apply. 
The Committee  considers  that:  (a) where  producers 
belong  to a producers'  group,  the ban  should  apply 
to the group;  (ib) where  the producer  does  not belong 
to a group,  the ban  should  apply  to him  individually. 
The Committee  proposes  that  the following  sentence 
be aidded  at the end  of Article  7 (1) (i.e.,  the pro-
posed  new  Article  9 (1) of the basic  Regulation): 
'In the  event  of producers  belonging  to a recog-
nized  producers'  group,  the  prohibition  shall 
apply  in respect  of all hop  gardens  under  the 
management  of that  group.' 
3.3.1.  With  regard  to the  reference  date  of 31 
December  1978,  proposed  by the  Commission  in 
Article  7 (1),  the Committee  would  point  out  that 
decisions  on the planting  of new  hop  gardens  do not 
need  to be taken  until  spring. 
The Committee  would,  therefore,  like  to see  the 
reference  date  changed  from  31 December  1978  to 
31 March  1979. 3.3.2.  The  Committee  notes  that  contrary  to the 
request  it made  in its opinion  of 26 May  1976,  the 
Commission  has  continued  to specify  that  aid wiill  be 
granted  only  to schemes  embracing  both  the  re-
planting  and  the re-organization  of hop  gardens.  The 
Committee  recommended  in its opinion  o»f 26 May 
1976  that  these  two  conditions  should  not be tied. 
The Committee  therefore  proposes  that  the word  'or' 
be added  to Article  7 (1) which  replaces  Article  9 (3) 
of the basic  Regulation.  The  text  should  then  read: 
. . for the replanting  of hop  gardens  with  different 
varieties  and/or  the  re-organization  of hop  gardens 
relferred  to . . 
3.4. Article  10 (a) 
3.4.0.  The  Commission  justifies  the insertion  of an 
Article  16 (a) in the basic  Regulation  by the need  to 
have  a legal  basis  for  the  adoption  of preventive 
measures  whenever  there  is a risk  of structural  sur-
pluses  and  market  disturbances. 
3.4.1.  The  proposed  Article  implies  that  measures 
can ibe taken  without  consulting  the European  Parlia-
ment  and  the  Economic  and  Social  Committee.  The 
Committee  recognizes  that  urgent  measures  may  be 
justified  in exceptional  circumstances,  but  trusts  that 
the bodies  which  would  normally  have  expected  to 
be consulted  will  be informed  of the reasons  behind 
the adoption  of such  measures. 
Done  at Brussels,  24 November  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Basil  de FERRANTI