CELEX: 51977PC0238
Language: en
Date: 1977-06-08
Title: Amended Proposal for a CONCIL REGULATION (EEC) concerning the certification of hops (submitted to the Concil by Commission pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 238
Vol. 1977/0087
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(77)238 final.
                                                 I Brussels , 8 June 1977
                                                       \          . X
                                                     A
                                                                        V
                                            \
                                Amended.
                            Proposal for a
                                                y\ .       .          >/
                                                                         J
                      COUNCIL REGULATION (EEC )    \   v
                                                                .   :■/
                concerning the certification of hops
       ( submitted to the Council "by the Commission pursuant to
         the second paragrpah of Article 149 of the EEC Treaty )
COM(77 ) 238 final .
                          \
 ---pagebreak---                                EXPLANATORY LEMORAllDUM
This draft regulation of the Council concerning the certification of hops
amends , as laid down by Article 149 of the Treaty , ■            the draft
regulation of the Council concerning the certification of origin for hops ,
presented by the Commission to the Council on the 25th February 1971 CO J N°
C 31 dated the 20th April 1971 ).
It has been prepared in parallel with the draft modification of the base re­
gulation for hops which was the subject of a Council decision on the 26th
April 1977 .
This draft regulation defines the general rules concerning the certification
of products set out in Article 1 of the base regulation for hops , which are
harvested in the Community or prepared from products harvested in the Commu­
nity, or imported from third countries .  These general rules involve particu­
larly :                           .             !
- the exclusion of certain products ,
- the role of Member-States ,
                                    i
- the necessary supervision involved in the certification procedure ,
- the minimum limits for marketing ,
- common rules concerning packaging , sealing and marking ,
- regulations governing the equivalence of products imported from third
  countries .
 ---pagebreak---                 Proposal for a Council Regulation (EEC )
                concerning the certification of hops
THE COUNCIL 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'!,       iast amended by
Regulation (EEC ) No          2 , and in particular Article 2(4 ) thereof ,
Having regard to the proposal from the Commission ,
Whereas Regulation (EEC ) No 1 696/7 1 provides for the certification of
the products referred to in Article 1 , harvested in the Community or
prepared from products harvested in the Community ; whereas the general
rules relating to this certification should he laid down ;
Whereas certain brewers produce their own hops ; whereas these hops and ,
in view of their special nature , isomerised extracts should be excluded
from the certification procedure ;
Whereas Member States should be allowed to certify products meeting
the conditions laid down in this Regulation through authorized bodies
specially designated for that purpose ;
Whereas , to ensure compliance with the certification procedure , provision
should be made for inspections in accordance with appropriate rules ;
Whereas , under Article 2(2 ) of the abovementioned Regulation, certificates
can be issued only for products meeting minimum quality standards ; whereas
provision should be made to ensure that the minimum marketing limits are
observed from the initial marketing stage onwards ;
Whereas in order to ensure the identity of the products certified ,
Community rules concerning packaging, sealing and marking should be laid
down ; whereas the packaging should bear the necessary particulars for
official inspection purposes and for the information of the buyers ;
1 OJ No L 175 , 4.8.1971 , P .1
2 OJ No L
 ---pagebreak--- Whereas the Member States concerned should be allowed to define the
zones or regions to be considered as hop production areas ;
Whereas the certification principle implies strict rules governing
mixtures ; whereas , therefore , mixtures of hop cones should only be
authorized if they consist of certified products coming from the
same varieties , harvest and production area ; whereas , to ensure
compliance with this provision , it should also be laid down that
these mixtures must be effected under supervision and subject to
the same certification procedure as their constituents ;
Whereas , in view of the users * requirements , it should be possible ,
in the manufacture of powder and extracts , to mix certified hopes
which do not come from the same varieties or places of production ;
whereas therefore the same inspection and certification requirements
should be laid down as in the case of the mixtures of hop cones
referred to above .
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                              Article 1
1.   This Regulation shall apply to the products referred to in Article 1
of Regulation (EEC ) No 1696/71 , harvested in the Community or prepared
from such products*, with the exception of :
     ( a ) hops harvested on land owned "by a "brewer and utilized
            Toy him in the natural or processed state ;
     (b ) isomerised hop extracts .
2 . The certification procedure shall include the issue of certificates
and the marking and sealing of the hales .
3 . It shall he carried out "before the initial marketing and , in the case
of hop cones , at the latest "by 31 March of the year following the year of
harvesting, under official surveillance in establishments designated by
the Member States as " certification markets" or " approved certification
warehouses" .
4 . If , after certification , the packaging of one of the products specified
in paragraph 1 is changed , with or without further processing , the product
shall be subject to a new certification procedure .
5.   Member States shall designate the official bodies authorized to issue
certificates and the bodies responsible for supervising the application
of the certification system .
                              Article 2
1 . The minimum marketing requirements for the products referred to in
Article 1 shall apply at the stage when the certificate is issued .
2 . The factors to which these requirements may relate , in particular
the moisture content and the foreign bodies content , shall be determined
for each product in accordance with the procedure laid down in Article 20
of Regulation (EEC ) No 1606/71 .
                              Article 3
Proof of the certification procedure shall be provided by the particulars
inscribed on each bale and by the certificate which acoompanies the product .
                              Article 4
1 . The packaging of each bale of the products referred to in Article 1(1 )
shall bear at least the following particulars in one of the Community
languages :
     - description of the product together with , in the case of hops ,
          the words " prepared hops" or "unprepared hops", as the case may be ;
     – the variety or varieties ;
* harvested in the Community or imported from third countries in conformity
   with Article 5 of Regulation (EEC ) No 1696/71#
 ---pagebreak---                              - 4 -
                                                                          \
                                                                                   .ι *
     - the reference number of -the certificate .                           L       i
The particulars shall be indelibly printed on the package in characters            > "
 of a uniform size *
                            Article 5
                                   1 *                                         \      \
The certificate shall include at least the following particulars :
 1 . In the case of hops ,                                                   /
     ( a ) description of the product
      (b ) reference number of the certificate
     ( c ) gross weight
     (d ) hop production area
     ( e ) year of harvesting
     (f ) variety ;       ■  „                                                        I
                                                                                      ι
2.   In the case of extracts of hops and hop powder ,
     in addition to the particulars listed in paragraph 1 , the place and             j
     date of processing .
                            Article 6
1 . Hop production area shall mean the zones or regions of production
in the list prepared by the Member States concerned .
2 . The Commission shall ensure that the list of hop production areas
is published in the Official Journal of the European Communities .
                            Article 7
Hop powder^and extracts , other than those referred to in Article l(l)(a ),
may be prepared only from certified hops in the Community or imported
from third countries in accordance with Article 5 of Regulation (EEC )
No 1696/71 .
                            Article 8
1 . While they are in circulation , the products referred to in Article 1(1 )
may be mixed only under supervision and in the certification markets or
warehouses approved by the Member States .
2 . To be eligible for mixing, hops must come from the same production area,
the same harvest and the same vriety .
3 . However , when manufacturing powder and extracts , certified hops of
Community origin but of different varieties and from different production
areas may be mixed , provided that the certificate accompanying the product
states :    i           .
     ( a) the varieties used , their production areas and the year of harvesting;
     (b ) the percentage weight of each variety used in the mixture ;
     ( o ) the reference number of the certificates issued for the original hops .
 ---pagebreak---                          Article
Member States shall communicate to the Commission , who shall inform
the other Member States thereof , the name and address of the bodies
officially designated, pursuant to Article 1(5 ) and the measures taken
to implement this Regulation. .
                         Article 10
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities . It
shall apply with effect from (1 August 1977 )*
However , any marketing without certificates of hop powder and extracts
of hop manufactured before (1 August 1977 ) shall be authorized until
(1 February 1978 )*
This Regulation shall be binding in its entirety and directly applicabl
in all Member States .
          I
Done at                                      For the Council