Commission Regulation (EC) No 1299/2007 of 6 November 2007 on the recognition of producer groups for hops (Codified version)
Date: 2007-11-06
Institutions: European Commission
Subjects: agricultural production, hops, marketing, producer organisation

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1299/2007

of 6 November 2007

on the recognition of producer groups for hops

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community;

establishing the European

Article 1

1.
The common rules referred to in Article 7(2)(b) and (c) of
Regulation (EC) No 1952/2005 shall be laid down in writing.
These rules shall comprise at least:

Having regard to 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 (1),
and in particular Article 17 thereof,

(a) as regards production:

Commission Regulation (EEC) No 1351/72 of 28 June
1972 on the recognition of producer groups for hops (2)
has been substantially amended several times (3). In the
interests of clarity and rationality the said Regulation
should be codified.

The conditions laid down in Article 7(2) of Regulation
(EC) No 1952/2005 for the recognition of producer
in particular, the application
groups for hops include,
of common rules for production and placing on the
market at the first stage of marketing in addition to
proof of economically viable activity. Those conditions
must be specified.

In order to ensure a certain uniformity in administrative
procedure, detailed rules should be laid down for the
application, granting and withdrawal of recognition.

(i) provisions concerning the use of one or more specified
varieties when renewing plantations or creating new
ones;

(ii) provisions concerning compliance with certain methods

of cultivation and plant protection;

(iii) provisions concerning harvesting, drying and, where

appropriate, preparation for marketing;

(b) as regards placing on the market, particularly where concen-

tration and conditions of supply are concerned:

(i) general provisions governing sales by the group;

(ii) provisions relating to the quantities which the producers
are authorised to sell themselves and the rules governing
these sales.

For
the information of Member States and parties
concerned, a list should be published at the beginning
of each calendar year, of groups which were recognised
during the previous calendar year and of those from
whom recognition was withdrawn.

‘The first marketing stage’ means the sale of hops by the
2.
producer himself or, in the case of a producers' group, the sale
of hops by its members to the wholesale trade or to the user
industries.

The measures provided for in this Regulation are in
accordance with the Opinion of
the Management
Committee for hops,

Article 2

If it is to be recognised, a producer group must include

1.
areas of at least 60 hectares and at least seven producers.

(1) OJ L 314, 30.11.2005, p. 1, as corrected by OJ L 317, 3.12.2005,

p. 29.

(2) OJ L 148, 30.6.1972, p. 13. Regulation as last amended by Regu-

lation (EEC) No 3858/87 (OJ L 363, 23.12.1987, p. 27).

(3) See Annex I.

In the case of Greece, the minimum number of hectares shall be
reduced to 30.

Whereas:

(1)

(2)

(3)

(4)

(5)

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In accordance with the procedure referred to in Article
2.
16(2) of Regulation (EC) No 1952/2005, a Member State may
be authorised, on request, to recognise a group whose registered
areas comprise less than 60 hectares, if the areas are situated in
a recognised production region covering less than 100 hectares.

Article 3

The following documents and information shall accompany any
application for recognition:

(a)

the statute;

3. Member States shall exercise continuous supervision over
the observance by recognised groups of the conditions for their
recognition.

Article 5

1. Where a Member State grants, refuses or withdraws recog-
nition of a group it shall so inform the Commission within two
months following the communication of its decision to the
applicant and indicate the reasons for refusing an application
for recognition or of withdrawing recognition.

(b) the names of persons authorised to act on behalf of the

group;

(c) a list of the activities justifying the request for recognition;

At the beginning of each calendar year the Commission
2.
shall ensure publication in the Official Journal of the European
Union of the list of groups which were recognised during the
previous calendar year as well as those whose recognition was
withdrawn during the same period.

(d) evidence that
complied with.

the provisions of Article 2 have been

Article 6

Article 4

Regulation (EEC) No 1351/72 is repealed.

1. Member States shall take a decision on the application for
recognition within three months of its receipt.

the
Recognition of a group shall be withdrawn if
2.
conditions laid down for recognition are no longer fulfilled or
if such recognition is based on incorrect information.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 7

Recognition shall be withdrawn with retroactive effect if it has
been obtained or used fraudulently.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 6 November 2007.

For the Commission
The president

José Manuel BARROSO

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ANNEX I

Repealed Regulation with list of its successive amendments

Commission Regulation (EEC) No 1351/72

(OJ L 148, 30.6.1972, p. 13)

Commission Regulation (EEC) No 2564/77

(OJ L 299, 23.11.1977, p. 9)

Article 21 and Annex I, Section IIB, point (e) of
the 1979 Act of Accession

(OJ L 291, 19.11.1979, p. 77)

Commission Regulation (EEC) No 2591/85

(OJ L 247, 14.9.1985, p. 12)

Commission Regulation (EEC) No 1323/86

(OJ L 117, 6.5.1986, p. 12)

Commission Regulation (EEC) No 3858/87

(OJ L 363, 23.12.1987, p. 27)

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ANNEX II

Correlation table

Regulation (EEC) No 1351/72

This Regulation

Article 1(1) introductory words

Article 1(1) introductory words

Article 1(1)(a) introductory words

Article 1(1)(a) introductory words

Article 1(1)(a)(aa)

Article 1(1)(a)(bb)

Article 1(1)(a)(cc)

Article 1(1)(a)(i)

Article 1(1)(a)(ii)

Article 1(1)(a)(iii)

Article 1(1)(b) introductory words

Article 1(1)(b) introductory words

Article 1(1)(b)(aa)

Article 1(1)(b)(bb)

Article 1(1)(b)(cc)

Article 1(2)

Article 1(1)(b)(i)

Article 1(1)(b)(ii)

—

Article 1(2)

Article 2(1) first sentence

Article 2(1) second sentence

Article 2(1) first subparagraph

Article 2(1) second subparagraph

Article 2(2)

Article 3

Article 4(1)

Article 2(2)

Article 3

Article 4(1)

Article 4(2) first sentence

Article 4(2) second sentence

Article 4(2) first subparagraph

Article 4(2) second subparagraph

Article 4(3) first subparagraph

Article 4(3)

Article 4(3) second subparagraph

Article 5

Article 6

—

Article 7

—

—

—

—

Article 5

Article 6

Article 7

Annex I

Annex II