PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1696/71 ON THE COMMON ORGANIZATION OF THE MARKET IN HOPS
Date: 1991-07-12
Institutions: European Commission
Subjects: common organisation of markets, hops, producer organisation, production aid

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(91)263  final 

Brussels,  12 July  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

a m e n d i ng  R e g u l a t i on 
t he  common  o r g a n i z a t i on  of 

(EEC)  No  1 6 9 6 / 71 
t he  m a r k et 

in  h o ps 

on 

(presented  by  the  Commission) 

~Z-

Explanatory  Memorandum 

It  is proposed  that  the  Council  adopt  a  Regulation  amending  Council 
Regulation  (EEC) No  1696/71  on  the  common  organization  of  the  market  in 
hops. 

The  Commission  presents  this  proposal  because  of  the  following  reasons: 

1. 

2. 

3. 

4. 

The  current  definition  of  'hop  powder  with  a  higher  lupulin  content' 
as  provided  in Article  1(3)(c)  of  Regulation  (EEC)  No  1696/71  implies 
that  all  leaves,  stalks,  bracts  and  rachides  have  been  removed.  This 
has  proved  to  be  an  inexact  definition.  In practice  there  is  always  a 
considerable  portion  of  these  items  which  remain  in  the  powder.  It  is 
therefore  appropriate  to  replace  the  current  definition  by  a  more 
exact  one. 

Article  1(3)(d)  does  not  explicitly  provide  for  that  hop  extracts  may 
be  prepared  from  hop  powder.  However,  in practice,  certain  types  of 
hop  extracts  are  prepared  from  hop  powder  and  not  from  hops.  Since 
the  use  of  such  products  is  in  the  interest  of  the  sector,  it  should 
be  permitted  to  prepare  hop  extracts  from  hop  powder. 

Furthermore,  in  the  case  of  processed  hops,  the  lack  of  clear 
instructions  with  regard  to  certifiabiIity  has  been  causing  legal 
uncertainty  in  the  sector.  The  current  provisions  allow  for  a  very 
wide  interpretation  going  as  far  as,  at  least  theoretically,  to  the 
certifiabiIity  of  spent  hops,  i. e.  of  a waste  product.  A  clear  limit 
should  be  therefore  set  out  of  which  a  hop  product  to  be  certified 
may  not  falI  short. 

It  has  become  evident,  that  some  producer  groups  in  the  Community  do 
not  practise  common  marketing  of  their  members'  production  as 
required  by  Article  7(3)(b).  In order  to  provide  these  groups  with  a 
wider  range  of  options,  they  should  be  able  to  decide  whether  they 
want  to  practise  common  marketing  or  not.  At  the  same  time,  however, 
a  financial  incentive  should  be  introduced  to  encourage  producer 
groups  to  commit  themselves  to  common  marketing.  Therefore,  the 
Council  should  be  able  to  fix  an  reduced  amount  of  aid  to  producers 
in  the  case  of  growers  who  do  not  belong  to  producer  groups  pursuing 
an  effective  marketing  system. 

This  proposal  has  no  financial  impact  on  the  EAGGF. 

I 

-

*-

Proposal  for a 

COUNCIL  REGULATION  (EEC) No 

/91 

of 

amending  Regulation  (EEC)  No  1696/71 
on  the  common  organization  of  the  market  in  hops 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic 
Community,  and  in particular  Article  43  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Having  regard  to  the  Opinion  of  the  European  Par Iiament<1 ), 

Having  regard  to  the  Opinion  of  the  Economic  and  Social  Committee 
(2) 

Whereas  Article  1(3) of  Regulation  (EEC) No  1696/71  on  the 
common  organization  of  the  market  in  hops*3),  as  last  amended 
by  Regulation  (EEC) No  3577/90( 4 ),  defines  the  products  which 
are  subject  to  the  market  organization;  whereas  Article  2 of 
this  Regulation  addresses  the  circumstances  under  which  hops 
and  hop  products  may  be  certified; 

Whereas  since  the  establishment  of  the  common  organization  of 
the  market  in  hops  trade  in  hop  products  has  become  more  and 
more  important;  whereas  it  appears  necessary  to  define  in 
greater  detail  the  terms  "hop  powder  with  higher  lupulin  content" 
and  "extract  of  hops"  as  well  as  the  characteristics  of  hop 
products  which  may  be  put  into  free  circulation; 

(1) 
(2) 
(3) OJ  No  L  175, 4.8.1971,  p.  1. 
(4) OJ  No  L 353,  17.12.1990,  p.  23 

- /, i 

W h e r e as  A r t i c le  7  of  R e g u l a t i on  ( E E C)  No  1 6 9 6 / 71  p r o v i d es  the 
r u l es  p r o d u c er  g r o u ps  must  r e s p e ct  in  o r d er  to  be  r e c o g n i z e d, 
w h e r e as  it  has  b e c o me  e v i d e nt  that  s e v e r al  r e c o g n i z ed  p r o d u c er 
g r o u ps  in  the  C o m m u n i ty  h a ve  e x p e r i e n c ed  g r e at  d i f f i c u l t i es  in 
p r a c t i s i ng  c o m m on  m a r k e t i ng  of  their  m e m b e r s'  p r o d u c e;  w h e r e as 
r e c o g n i s ed  p r o d u c er  g r o u ps  s h o u ld  be  a b le  to  d e c i de  w h e t h er  they 
w a nt  to  p r a c t i se  c o m m on  m a r k e t i ng  or  n o t; 

W h e r e as  an  i n c e n t i ve  s h o u ld  be  p r o v i d ed  to  e n c o u r a ge  p r o d u c er 
g r o u ps  to  m a r k et  their  m e m b e r s'  p r o d u ce  in  c o m m on  in  o r d er  to 
g i ve  g r o w e rs  a  b e t t er  p o s i t i on  in  the  m a r k e t;  w h e r e a s,  for  this 
p u r p o s e,  the  a m o u nt  of  aid  to  p r o d u c e rs  may  be  r e d u c ed  for  t h O se 
T 
g r o w e rs  w ho  do  not  b e l o ng  to  p r o d u c er  g r o u ps  w h i ch  p r a c t i se 
c o m m on  m a r k e t i ng  of  their  m e m b e r s'  total  p r o d u c t i o n; 

HAS  A D O P T ED  T H IS  R E G U L A T I O N: 

A r i i £ i ê _l 

R e g u l a t i on  ( E E C)  No  1 6 9 6 / 71  is  h e r e by  a m e n d ed  as  f o l l o w s: 

1.  A r t i c le  1 ( 3 ) ( c)  is  r e p l a c ed  by  the  f o l l o w i n g: 

" ( c) 

'hop  p o w d er  w i th  h i g h er  l u p u l in  c o n t e n t'  m e a ns  the 
p r o d u ct  o b t a i n ed  by  m i l l i ng  the  h o ps  a f t er 
m e c h a n i c al  removal  of  a  part  of  the  l e a v e s,  s t a l k s, 
b r a c ts  and  r a c h i d e s ;" 

2. 

A r t i c le  1 ( 3 ) ( d)  is  r e p l a c ed  by  the  f o l l o w i n g: 

I 

" ( d) 

' e x t r a ct  of  h o p s'  m e a ns  the  c o n c e n t r a t ed  p r o d u c ts 
o b t a i n ed  by  the  a c t i on  of  a  s o l v e nt  on  the  h o ps  or 
on  the  hop  p o w d er ;" 

3. 

The  f o l l o w i ng  s e n t e n ce  shall  be  a d d ed  to  A r t i c le  2 ( 2 ): 

"In  the  c a se  of  the  p r o d u c ts  r e f e r r ed  to  in  A r t i c le  1 ( 3 ) ( b) 
to  ( e)  the  c e r t i f i c a te  may  o n ly  be  issued  if  the  a l p ha  a c id 
c o n t e nt  of  t h e se  p r o d u c ts  is  not  lower  than  that  of  the 
h o ps  they  h a ve  b e en  p r e p a r ed  f r o m ." 

_<r. 

The  last  s u b p a r a g r a ph  of  A r t i c le  7 ( 3 ) ( b) 
by  the  foIIowi ng: 

shaI I  be  rep Iaced 

"It  shall  be  p o s s i b le  for  a  g r o up  or  u n i on  to  a u t h o r i ze  its 
m e m b e rs  to  m a r k et  all  or  a  part  of  their  p r o d u ce  t h e m s e l v es 
in  a c c o r d a n ce  with  r u l es  laid  down  and  s u p e r v i s ed  by  the 
g r o up  or  u n i o n ;" 

The  f o l l o w i ng  s u b p a r a g r a ph  shall  be  a d d ed  to  A r t i c le  1 2 ( 5 ): 

" ( c) 

The  amount  of  aid  to  be  fixed  may  be  lower  In  the 
c a se  of  those  p r o d u c e rs  who  do  not  b e l o ng  to  a 
r e c o g n i z ed  p r o d u c er  g r o up  w h i ch  m a r k e ts  all  the 
p r o d u ce  of  its  m e m b e rs  as  r e f e r r ed  to  in  A r t i c le 
7 ( 3 ) ( b ).  The  amount  of  aid  to  be  fixed  in  this  case 
shall  be  at  least  5 0%  of  the  a m o u nt  of  aid  w h i ch  is 
fixed  for  the  d i f f e r e nt  g r o u ps  of  hop  v a r i e t i es 
a c c o r d i ng  the  p r o v i s i o ns  of  A r t i c le  12  ( 5 ) ( a)  and 
| 
(6)  of  the  p r e s e nt  R e g u l a t i o n ." 

Ar_iic_iÊ_2. 

T h is  R e g u l a t i on  shall  enter  into  force  on 
f o l l o w i ng  its  p u b l i c a t i on  in  the  O f f i c i al 
C o m m un i ty. 

the  s e v e n th  day 
Journal  of  the  E u r o p e an 

T h is  R e g u l a t i on  shall  be  b i n d i ng 
a p p l i c a b le  in  all  M e m b er  S t a t e s. 

in  its  e n t i r e ty  and  d i r e c t ly 

D o ne  at 

For  the  C o u n cI I 

ISSN 0254-1475 

COM(91) 263 final 

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Catalogue number : CB-CO-91-306-EN-C 

ISBN 92-77-74198-8 

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