Council Regulation (EC) No 1952/2005 of  23 November 2005  concerning the common organisation of the market in hops and repealing Regulations (EEC) No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/82
Date: 2005-11-23
Institutions: Council of the European Union
Subjects: aid to agriculture, common organisation of markets, hops, marketing, producer organisation, production aid, third country, trading operation

30.11.2005

EN

Official Journal of the European Union

L 314/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1952/2005

of 23 November 2005

concerning the common organisation of the market in hops and repealing Regulations (EEC)
No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/82

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
Community, and in particular Article 36 and the third subpar-
agraph of Article 37(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

consulting

After
Committee (2),

the

European

Economic

and

Social

Whereas:

(1)

amended several

Council Regulation (EEC) No 1696/71 of 26 July 1971
on the common organisation of the market in hops (3)
has been substantially
in
particular by Council Regulation (EC) No 1782/2003
of 29 September 2003 establishing common rules for
direct support schemes under the common agricultural
policy and establishing certain support
for
farmers (4). For the sake of clarity, Regulation (EEC) No
1696/71 should be repealed and replaced.

schemes

times,

(2)

Council Regulation (EEC) No 1037/72 of 18 May 1972
laying down general rules for granting and financing aid
for hop producers (5), Council Regulation (EEC) No

(1) Not yet published by the Official Journal.
(2) Not yet published by the Official Journal.
(3) OJ L 175, 4.8.1971, p. 1. Regulation as last amended by Regulation

(EC) No 2320/2003 (OJ L 345, 31.12.2003, p. 18).

(4) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 118/2005 (OJ L 24, 27.1.2005,
p. 15).

(5) OJ L 118, 20.5.1972, p. 19. Regulation as last amended by Regu-

lation (EEC) No 1604/91 (OJ L 149, 14.6.1991, p. 13).

1981/82 of 19 July 1982 drawing up the list of
Community regions,
in which production aid for hops
is granted only to recognised producer groups (6), and
Council Regulation (EEC) No 879/73 of 26 March
aid
1973 on the granting and reimbursement of
accorded by the Member States to recognised producer
groups in the hop sector (7), which have become obsolete
following
(EC) No
1782/2003, should also be repealed. However, since
Slovenia does not plan to apply the single payment
scheme until 1 January 2007, provision should be
made for Article 7 of Regulation (EEC) No 1696/71
and Regulations
(EEC) No 1037/72 and (EEC) No
1981/82 to continue to apply in Slovenia for the 2006
harvest.

of Regulation

adoption

the

(3)

(4)

(5)

(6)

Hops and vegetable saps and extracts of hops are
products which are generally interchangeable. To enable
the objectives of Article 33 of the Treaty to be achieved
and ensure that the common agricultural policy has full
effect in the hops sector, the measures on trade with
third countries and the marketing rules adopted for
hops should be extended to vegetable saps and extracts
of hops.

To ensure a fair standard of living for producers, Regu-
lation (EC) No 1782/2003 lays down aid schemes for
certain sectors, including hops.

the
A quality policy should be followed throughout
concerning
Community by implementing provisions
certification together with rules prohibiting,
a
as
general rule, the marketing of products for which a certi-
ficate has not been issued or,
in the case of imported
products, those which do not comply with equivalent
minimum quality characteristics.

To stabilise markets and ensure reasonable prices for
supplies to consumers, centralisation of supply and the
joint adaptation by growers of
their produce to the
requirements of the market should be encouraged.

(6) OJ L 215, 23.7.1982, p. 3. Regulation as last amended by the 2003

Act of Accession.

(7) OJ L 86, 31.3.1973, p. 26. Regulation as last amended by Regu-

lation (EEC) No 2254/77 (OJ L 261, 14.10.1977, p. 3).

L 314/2

EN

Official Journal of the European Union

30.11.2005

(7)

(8)

To that end the grouping of growers in bodies which
require their members to comply with certain common
rules should further the achievement of the objectives of
Article 33 of the Treaty.

(14)

The measures necessary for the implementation of this
Regulation should be
adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

the unity and effectiveness of

To avoid any discrimination between producers and to
any action
ensure
undertaken, conditions should be laid down,
for the
whole of the Community, with which producer groups
must comply in order to be recognised by the Member
States. To achieve an effective centralisation of supply, it
is necessary in particular that the groups should be of an
economically viable size and that the entire output of
producers should be marketed either directly by the
group or by the producers, according to common rules.

(15)

The transition from Regulation (EEC) No 1696/71 to this
Regulation is likely to create difficulties not envisaged in
this Regulation. In order to deal with those difficulties,
the Commission should be authorised to adopt transi-
tional measures,

HAS ADOPTED THIS REGULATION:

(9)

The measures envisaged should enable an import scheme
to be provided for, based solely on application of the
common customs tariff.

(10)

These measures should make it possible to waive all
quantitative restrictions at the external frontiers of the
Community. This procedure may, however,
in excep-
tional cases, be found to be inadequate. In such cases,
in order not to leave the Community market defenceless
against
the
Community should be empowered to take all necessary
in
measures
accordance with the Community’s international obli-
gations.

quickly. These measures

disturbances

therefrom,

should

arising

any

be

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

1.
A common organisation of the market in hops, including
rules on marketing, producer groups and trade with third
countries, is hereby established, covering the following products:

CN code

1210

Description of goods

Hop cones, fresh or dried, whether or not ground,
powdered or in the form of pellets; lupulin

(11)

The proper functioning of the internal market would be
compromised by the grant of national aid. As a result,
the provisions of the Treaty governing State aid should
apply to the products covered by this common market
organisation.

The rules of this Regulation on marketing and trade with

2.
third countries shall also apply to the following products:

CN code

Description of goods

1302 13 00

Vegetable saps and extracts of hops

(12)

The experience gained in the application of Regulation
(EEC) No 1696/71 has revealed the need for instruments
enabling preventive action to be taken where a risk of
structural surpluses or market disturbance arises.

Article 2

For the purposes of this Regulation:

(13) Adequate information is needed about the present state
of the market within the Community and the prospects
for its development. Provision should therefore be made
for
the registration of all contracts to supply hops
produced within the Community.

(a)

‘hops’ means the dried inflorescences, also known as cones,
of the (female) climbing hop plant (Humulus lupulus); these
inflorescences, which are greenish yellow and of an ovoid
shape, have a flower stalk and their longest dimension
generally varies from 2 to 5 cm;

(1) OJ L 184, 17.7.1999, p. 23.

30.11.2005

EN

Official Journal of the European Union

L 314/3

(b) ‘hop powder’ means the product obtained by milling the

hops, containing all the natural elements thereof;

2. Measures derogating from paragraph 1 may be adopted in
accordance with the procedure referred to in Article 16(2):

(c)

‘hop powder with higher
the
product obtained by milling the hops after mechanical
removal of a part of the leaves, stalks, bracts and rachides;

lupulin content’ means

(a)

in order to satisfy the trade requirements of certain third
countries; or

(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 in points (a) to (d).

Article 3

This Regulation shall apply without prejudice to the measures
provided for in Regulation (EC) No 1782/2003.

(b) for products intended for special uses.

The measures provided for in the first subparagraph must:

(a) not prejudice the normal marketing of products for which

the certificate has been issued;

(b) be accompanied by guarantees
confusion with those products.

intended to avoid any

CHAPTER II

MARKETING

Article 4

The products

1.
referred to in Article 1, harvested or
prepared within the Community, shall be subject to a certifi-
cation procedure.

2.
The certificate may be issued only for products having the
minimum quality characteristics appropriate to a specific stage
of marketing. In the case of hop powder, hop powder with
higher
lupulin content, extract of hops and mixed hop
products, the certificate may only be issued if the alpha acid
content of these products is not lower than that of the hops
from which they have been prepared.

3.

The certificate shall indicate at least:

(a)

the place(s) of production of the hops;

(b) the year(s) of harvesting;

(c)

the variety or varieties.

Article 5

1.
The products referred to in Article 1 may be marketed or
exported only if the certificate referred to in Article 4 has been
issued.

In the case of imported products referred to in Article 1, the
attestation provided for in Article 9(2) shall be deemed to be
equivalent to the certificate.

CHAPTER III

PRODUCER GROUPS

Article 6

‘producer group’ means a
For the purposes of this Regulation,
group consisting exclusively or, where national
legislation
allows, mainly of hop producers recognised by a Member
the
State under Article 7 and formed on the initiative of
producers,
in particular for the purpose of achieving one or
more of the following objectives:

(a) concentrating supply and helping to stabilise the market by
marketing all the produce of the members or, if necessary,
by purchasing hops at a higher price in accordance with
Article 7(4)(a);

(b) adapting such production jointly to the requirements of the
market and improving the product,
in particular by
converting to other varieties, reorganising hop gardens,
carrying out promotion, and conducting research into
production, marketing and integrated protection;

(c) promoting the rationalisation and mechanisation of culti-
to render
the envi-

vation and harvesting operations
production more profitable and better protect
ronment;

in order

(d) deciding what varieties of hops may be grown by its
members and adopting common rules on production.

Article 7

The authority competent to recognise producer groups
territory the

1.
shall be
producer group has its registered office.

the Member State within whose

L 314/4

EN

Official Journal of the European Union

30.11.2005

2. Member States shall recognise producer groups which
request recognition and fulfil the following general conditions:

(a)

they have legal personality or sufficient legal capacity to be
subject, under national legislation, to rights and obligations;

(b) they apply common rules for production and placing on the

market (first stage of marketing);

(c)

their statutes include an obligation for producers who are
members of groups to:

(i) comply with the common rules on production and

decisions on the varieties to be grown;

(ii) market all their produce through the group;

(d) they provide proof of economically viable activity;

(a) replace the obligation to have all their production marketed
by the producer group provided for in paragraph 2(c)(ii)
with marketing in accordance with common rules incor-
to ensure that
porated in the statutes,
the
to monitor selling prices,
producer group has the right
which it must approve,
failure to do so requiring the
group to buy back the hops concerned at a higher price;

in order

(b) market,

through the offices of another producer group
chosen by their own group, products which by virtue of
their characteristics are not necessarily covered by the
commercial activities of the latter.

CHAPTER IV

TRADE WITH THIRD COUNTRIES

Article 8

Save as otherwise provided for in this Regulation, the rates of
import duty in the common customs tariff shall apply to the
products listed in Article 1.

(e)

they exclude throughout their field of activity any discrimi-
nation between Community producers or groups in respect
of, in particular, their nationality or place of establishment;

Article 9

(f)

they guarantee all producers who undertake to comply with
the statutes, without discrimination, the right to belong to a
group;

1.
The products referred to in Article 1 coming from third
countries may be imported only if their quality standards are at
least equivalent to those adopted for like products harvested
within the Community or made from such products.

(g) their statutes include provisions aimed at ensuring that the
members of a group who wish to give up their membership
may do so after having been a member for at least three
years and provided that they inform the group of their
least one year before they leave, without
intention at
laws or regulations designed to
prejudice to the national
protect,
in specific cases, the group or creditors thereof
against the financial consequences which might arise from
a member leaving, or to prevent a member from leaving
during the financial year;

(h) their

statutes

include the obligation to keep separate
accounts for the activities in respect of which they have
been recognised;

2.
The products referred to in Article 1 shall be considered
as being of the standard referred to in paragraph 1 of this
Article if they are accompanied by an attestation issued by
the authorities of
the country of origin and recognised as
equivalent to the certificate referred to in Article 4.

In the case of hop powder, hop powder with higher lupulin
content, extract of hops and mixed hop products, the attestation
may only be recognised as being equivalent to the certificate if
the alpha acid content of these products is not lower than that
of the hops from which they have been prepared.

(i)

they do not hold a dominant position in the Community.

The equivalence of these attestations shall be verified according
to the procedure referred to in Article 16(2).

3.
The obligation provided for in paragraph 2(c) shall not
apply to products covered by sales contracts concluded by
producers before they joined the producer group, provided
that the latter was informed of and approved such contracts.

4.
Notwithstanding paragraph 2(c)(ii), where the producer
group so authorises and under the conditions it lays down,
members of a producer group may:

Article 10

The general rules for the interpretation of the Combined
1.
Nomenclature and the special rules for its application shall
apply to the tariff classification of products referred to in
Article 1. The tariff nomenclature resulting from the application
of
this Regulation shall be incorporated in the common
customs tariff.

30.11.2005

EN

Official Journal of the European Union

L 314/5

Save as otherwise provided for in this Regulation or in
2.
provisions adopted under it, the following shall be prohibited in
trade with third countries:

(b) the volume of supply;

(c)

the marketing conditions.

(a)

the levying of any charge having equivalent effect
customs duty;

to a

Article 14

(b) the application of any quantitative restriction or measure

having equivalent effect.

Article 11

If, by reason of

imports or exports,

1.
the Community
market in one or more of the products listed in Article 1 is
affected by, or is threatened with, serious disturbance likely to
jeopardise the achievement of the objectives set out in Article
33 of the Treaty, appropriate measures may be applied in trade
with non-member third countries of the World Trade Organi-
sation until such disturbance or threat of it has ceased.

If

the situation referred to in paragraph 1 arises,

the
2.
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 of such measures, and shall
be immediately applicable.
the Commission receives a
If
request from a Member State, it shall take a decision thereon
within three working days of receipt of the request.

3.
The measures referred to in paragraph 2 may be referred
to the Council by any Member State within three working days
of the day on which they are notified. The Council shall meet
immediately. It may, acting by a qualified majority, amend or
repeal the measures in question within one month of the day
on which they were referred to the Council.

The provisions of

4.
this Article shall be applied having
regard to the obligations arising from agreements concluded
in accordance with Article 300(2) of the Treaty.

CHAPTER V

GENERAL PROVISIONS

Article 12

Any contract

1.
to supply hops produced within the
Community concluded between a producer or an association
of producers and a buyer shall be registered by the bodies
designated for that purpose by each producer Member State
concerned.

Contracts relating to the supply of specific quantities at
2.
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.

The data on which registration is based may be used only

3.
for the purposes of this Regulation.

Article 15

The Member States and the Commission shall send each other
such information as is necessary for the implementation of this
Regulation.

Article 16

The Commission shall be assisted by a Management

1.
Committee for Hops (hereinafter the Committee).

2. Where reference is made to this paragraph, 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 17

The rules for applying this Regulation shall be adopted in
accordance with the procedure referred to in Article 16(2), in
particular those concerning:

Save as otherwise provided for in this Regulation, Articles 87,
88 and 89 of the Treaty shall apply to production of and trade
in the products referred to in Article 1(1) of this Regulation.

— the minimum quality characteristics referred to in Article

4(2),

Article 13

7(2)(b),

— the placing on the market within the meaning of Article

In cases where there is a danger of creating surpluses or of a
disturbance in the supply structure of the market, the Council,
from the
acting by a qualified majority on a proposal
to prevent
Commission, may take
market imbalance. Such measures may, for instance, take the
form of action affecting:

appropriate measures

— the provisions laid down in Article 7(2)(g),

— the registration of contracts to supply hops as referred to in

Article 14,

— the rules for sending the information referred to in Arti-

(a)

the production potential;

cle 15.

L 314/6

EN

Official Journal of the European Union

30.11.2005

CHAPTER VI

Article 19

TRANSITIONAL AND FINAL PROVISIONS

Article 18

1.
Producer groups recognised under Regulation (EEC) No
1696/71 shall be deemed to be recognised under this Regu-
lation.

Regulation (EEC) No 1696/71 is hereby repealed with

1.
effect from 1 January 2006.

However,
apply up to and including the 2006 harvest.

in the case of Slovenia, Article 7 shall continue to

References to Regulation (EEC) No 1696/71 shall be construed
as references to this Regulation and shall be read in accordance
with the correlation table in the Annex.

Regulations (EEC) No 1037/72,

2.
(EEC) No 1981/82 are hereby repealed with effect
January 2006.

(EEC) No 879/73 and
from 1

2.
Transitional measures to facilitate the transition from
Regulation (EEC) No 1696/71 to this Regulation may be
adopted in accordance with the procedure referred to in
Article 16(2).

Article 20

This Regulation shall enter into force on the seventh day
following that of its publication in the Official
Journal of the
European Union.

However,
(EEC) No
in the case of Slovenia, Regulations
1037/72 and (EEC) No 1981/82 shall continue to apply up
to and including the 2006 harvest.

It shall apply from 1 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 November 2005.

For the Council
The President

M. BECKETT

30.11.2005

EN

Official Journal of the European Union

L 314/7

ANNEX

Correlation table

Regulation (EEC) No 1696/71

This Regulation

Article 1(1) and (2)

Article 1(3)

Article 1(4)
—

Article 2(1), (2) and (3)

Article 2(4)

Article 2(5)

Article 3

Article 4

Article 5(1) and (2)

Article 5(3)

Article 6

Article 7(1)(a), (b), (c) and (d)

Article 7(1)(e)

Article 7(1a) and (2)

Article 7(3)(a)

Article 7(3)(b), first subparagraph

Article 7(3)(b), second subparagraph

Article 7(3)(b), third subparagraph

Article 7(3)(c) to (f)

Article 7(3)(g)

Article 7(3)(h) and (i)

Article 7(4)

Article 7(5)

Article 12

Article 13

Article 14

Article 15

Article 15a(1), first subparagraph

Article 15a(1), second subparagraph

Article 1

Article 2
—

Article 3

Article 4
—

Article 17

Article 5
—

Article 9

Article 17
—

Article 6
—

—

Article 7(2)(b)

Article 7(2)(c)

Article 7(3)

Article 7(4)

Article 7(2)(d) to (g)

Article 7(2)(a)

Article 7(2)(h) and (i)

Article 7(1)

Article 17
—

—

Article 8

Article 10

Article 11(1)
—

Article 15a(2), (3) and (4)

Article 11(2), (3) and (4)

Article 16

Article 16a

Article 17

Article 18, first subparagraph, first sentence

Article 18, first subparagraph, second sentence

Article 18, second subparagraph

Article 20

Article 21

Article 22
—

—

Article 23, first paragraph

Article 23, second paragraph

Article 24

Article 12

Article 13
—

Article 15

Article 17
—

Article 16
—

—

Article 18

Article 19(1)

Article 19(2)
—

Article 20