CELEX: 51993PC0150
Language: en
Date: 1993-04-07
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 1784/77 concerning the certification of hops

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                               COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    COM(93) 150 final
                                                                    Brussels, 7 April 1993
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                                                     Proposal for a
                                                COUNCIL REGULATION (EEC)
                                          amending Regulation (EEC) No 1784/77
                                          concerning the certification of hops
                                             (presented by the Commission)
 ---pagebreak---                                       - A -
                              EXPLANATORY MEMORANDUM
It is proposed that the Council adopt this draft Regulation amending Regulation
(EEC) No 1784/77 concerning the certification of hops.
Given that isomerized hop powders and a whole range of new isomerized products
have lost, as in the case of isomerized hop extracts, most of the inherit
characteristics of the varieties from which they are produced, making
identification of their origin impossible, even using very sophisticated
laboratory equipment, it is proposed that those products be included in the list
of exceptions set out in Regulation (EEC) No 1784/77.
Given that in the former German Democratic Republic, for technical reasons,
certification of hops has traditionally taken place after processing into
granules, which is not in accordance with Community legislation, and that a
longer period of time is required for new investments than originally allowed
for, it is proposed that the date of application of the transitional measures in
the hops sector following the unification of Germany be postponed until
31 December 1995.
This draft Regulation involves no direct expenditure from the Community budget.
This draft Regulation has no impact on SMEs.
 ---pagebreak---                                       - ^a -
                          COUNCIL REGULATION (EEC) No ..../..
                                           Of
                         amending Regulation (EEC) No 1784/77
                         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(l), as last amended by Regulation
(EEC) No 3124/92< 2 ), and in particular Article 2(4) thereof,
Having regard to the proposal from the Commission^) f
Whereas Regulation (EEC) No 1784/77( 4 ), as last amended by Regulation (EEC)
No 1605/91(5), specifies the stage at which certification must be carried out
and lays down the circumstances under which hop products may undergo further
processing;
Whereas isomerized hop powders and a whole range of new isomerized products, used
just before or just after the fermentation stage and which, from the point of
view of their chemical composition, fall in between isomerized hop powders and
isomerized hop extracts, have gained à certain importance on the market; whereas
their position with regard to certification is unclear, making their marketing
difficult; whereas these products, as in the case of isomerized hop extracts,
have lost most of the inherent characteristics of the varieties from which they
are produced, making identification of their origin impossible, even using very
sophisticated laboratory equipment; whereas those products should be included in
the list of exceptions set out in Regulation (EEC) No 1784/77;
(1) OJ No L 175, 4.8.1971, p. 1.
(2) OJ No L 313, 30.10.1992, p. 1.
( 3 ) O J No L . . . ,          , p.
(4) OJ NO L 200, 8.8.1977, p. 1.
(5) OJ No L 149, 14.6.1991, p. 14.
 ---pagebreak---                                        - 2
Whereas, in the former German Democratic Republic, the treatment of hops after
harvest is traditionally different from in the other Member States in the sense
that, on numerous farms producing hops, cleaning and initial drying of cones is
carried out at the same time as milling and pressing into granules, existing
equipment not permitting separation of the two stages; whereas this procedure
does not conform with Community legislation which lays down that certification
must take place before any processing; whereas to enable producers to spread
their new investment over a suitable period, a transitional period longer than
that provided for by Commission Regulation (EEC) No 2239/91 on transitional
measures applicable in the hop sector after the unification of Germany( 6 ), which
expired on 31 December 1992, should be laid down,
HAS ADOPTED THIS REGULATION:
                                     Article 1
Regulation (EEC) No 1784/77 is hereby amended as follows:
1. In Article 1:
   a)   Article 1(1)is replaced by the following:
        "This Regulation shall apply to products referred to in Article 1 of
        Regulation (EEC) No 1696/71 when harvested in the Community or when
        prepared from such products which have either been harvested in the
        Community or imported from third countries in accordance with Article 5
        of the said Regulation, with the exception of:
        (a)  hops harvested on land owned by a brewery and used by that brewery
             in the natural or processed state;
        (b)  isomerized hop extract;
        (c)  isomerized hop powder;
        (d)  a list of isomerized products to be drawn up in accordance with the
             procedure referred to in Article 19 of Regulation (EEC) No 1696/71;
        (e)  products derived from hops and processed under contract on behalf of
             a brewery provided that those products are used by the brewery
             itself;
        (f)  hops and products derived from hops put in small packets for sale to
             private individuals for their own use.
(6) OJ No L 204, 27.7.1991, p. 14
 ---pagebreak---                                        - 3 -
        The«products referred to* in subparagraphs (a) to (f) shall be subject to
         a control procedure to be determined."
    (b) The following is added to paragraph 3:
         "Without prejudice to the time limits set out above, for hops grown in
        the territory of the former German Democratic Republic, prepared and
        processed on the farms producing hops referred to in the Annex hereto and
        until 31 December 1995, certification may be carried out after processing
        of the hops into granules but before any other processing, provided that
        compliance with the minimum marketing requirements referred to in the
        Annex to commission Regulation (EEC) No 890/78 can be guaranteed.
        Certification of hop granules processed on the abovementioned farms shall
        be carried out in the certification centres in the territory of the
        former German Democratic Republic."
2. The Annex to this Regulation is added as an annex to Council Regulation (EEC)
   No 1784/77.
                                     Article 2
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities.   However,
Article 1(1)(b) shall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Luxembourg,                               For the council
                                                    The President
 ---pagebreak---                                         _' 4 -
                                    A N N E X
Farms on which certification may be carried out after processing into granules
LAND OF SAXONY               Borthen
                             Stockhausen
                             Kohren-Sablis
LAND OF SAXONY-ANHALT        Rottmersleben
                             Irrleben
                             Osterweddingen
                             Langenweddingen
                             oschersleben
                             Harsleben
LAND OF THURINGIA            Groflfahner
                             Bad Tennstedt
                             Grëfentonna
                             Heringen
                             Nordshausen
                             Stauflfurt
                             Kindelbrlick
                             GroBbrembach
                             Westerengel
                             Grofienehrich
                             Hohenebra
 ---pagebreak---                                         - _r
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                                                               COM (93) 150 final
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