CELEX: 51991PC0263
Language: en
Date: 1991-07-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1696/71 ON THE COMMON ORGANIZATION OF THE MARKET IN HOPS

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 n g R e g u l a t i o n (EEC) No 1 6 9 6 / 7 1
      on the   common o r g a n i z a t i o n o f t h e m a r k e t i n hops
                        (presented by the Commission)
 ---pagebreak---                                      ~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.     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.
  2.     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.
  3.     Furthermore, in the case of processed hops, the lack of clear
         instructions with regard to certifiabiIity has been causing legal
I        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.
  4.     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.
 ---pagebreak---                                 - * -
                            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
 ---pagebreak---                                                           - / ,i
W h e r e a s A r t i c l e 7 of R e g u l a t i o n ( E E C ) No 1 6 9 6 / 7 1 p r o v i d e s the
r u l e s p r o d u c e r g r o u p s must r e s p e c t in o r d e r to be r e c o g n i z e d ,
w h e r e a s it has b e c o m e e v i d e n t that s e v e r a l r e c o g n i z e d p r o d u c e r
g r o u p s in the C o m m u n i t y h a v e e x p e r i e n c e d g r e a t d i f f i c u l t i e s in
p r a c t i s i n g c o m m o n m a r k e t i n g of their m e m b e r s ' p r o d u c e ; w h e r e a s
r e c o g n i s e d p r o d u c e r g r o u p s s h o u l d be a b l e to d e c i d e w h e t h e r they
w a n t to p r a c t i s e c o m m o n m a r k e t i n g or n o t ;
W h e r e a s an i n c e n t i v e s h o u l d be p r o v i d e d to e n c o u r a g e p r o d u c e r
g r o u p s to m a r k e t their m e m b e r s ' p r o d u c e in c o m m o n in o r d e r to
g i v e g r o w e r s a b e t t e r p o s i t i o n 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 n t of aid to p r o d u c e r s may be r e d u c e d for t h O s e
g r o w e r s w h o do not b e l o n g to p r o d u c e r g r o u p s w h i c h p r a c t i s e             T
c o m m o n m a r k e t i n g 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 E D        THIS       REGULATION:
                                                       Arii£iê_l
Regulation             ( E E C ) No       1696/71       is h e r e b y  amended   as    follows:
    1.      Article          1(3)(c)         is r e p l a c e d  by    the   following:
            "(c)             'hop p o w d e r w i t h h i g h e r l u p u l i n c o n t e n t ' m e a n s the
                             p r o d u c t o b t a i n e d by m i l l i n g the h o p s a f t e r
                            m e c h a n i c a l removal of a part of the l e a v e s , s t a l k s ,
                             b r a c t s and r a c h i d e s ; "
    2.      Article          1(3)(d)         is r e p l a c e d  by    the  following:                     I
            "(d)             ' e x t r a c t of h o p s ' m e a n s the c o n c e n t r a t e d p r o d u c t s
                            o b t a i n e d by the a c t i o n of a s o l v e n t on the h o p s or
                            on the hop p o w d e r ;"
    3.      The      following           sentence        shall     be a d d e d to A r t i c l e 2 ( 2 ) :
            "In the c a s e of the p r o d u c t s r e f e r r e d to in A r t i c l e 1 ( 3 ) ( b )
            to ( e ) the c e r t i f i c a t e may o n l y be issued if the a l p h a a c i d
            c o n t e n t of t h e s e p r o d u c t s is not lower than that of the
            h o p s they h a v e b e e n p r e p a r e d f r o m . "
 ---pagebreak---                                                     _<r.
            The last s u b p a r a g r a p h         of A r t i c l e    7 ( 3 ) ( b ) shaI I be rep Iaced
            by the foIIowi ng:
             "It shall be p o s s i b l e for a g r o u p or u n i o n to a u t h o r i z e its
            m e m b e r s to m a r k e t all or a part of their p r o d u c e t h e m s e l v e s
             in a c c o r d a n c e with r u l e s laid down and s u p e r v i s e d by the
            g r o u p or u n i o n ; "
            The f o l l o w i n g      subparagraph           shall     be a d d e d    to A r t i c l e 12(5):
             "(c)          The amount of aid to be fixed may be lower In the
                           c a s e of those p r o d u c e r s who do not b e l o n g to a
                           r e c o g n i z e d p r o d u c e r g r o u p w h i c h m a r k e t s all the
                           p r o d u c e of its m e m b e r s as r e f e r r e d to in A r t i c l e
                           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 n t of aid w h i c h is
                           fixed for the d i f f e r e n t g r o u p s of hop v a r i e t i e s
                           a c c o r d i n g the p r o v i s i o n s of A r t i c l e 12 ( 5 ) ( a ) and
                           (6) of the p r e s e n t R e g u l a t i o n . "                                |
                                                     Ar_iic_iÊ_2.
T h i s R e g u l a t i o n shall enter into force on the s e v e n t h day
f o l l o w i n g its p u b l i c a t i o n in the O f f i c i a l Journal of the E u r o p e a n
C o m m u n i ty.
T h i s R e g u l a t i o n shall be b i n d i n g in its e n t i r e t y                and     directly
a p p l i c a b l e in all M e m b e r S t a t e s .
D o n e at                                                             For    the C o u n c I I
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 263 final
                                                     DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-306-EN-C
                                                             ISBN 92-77-74198-8
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