CELEX: 31978R2397
Language: en
Date: 1978-10-13 00:00:00
Title: Commission Regulation (EEC) No 2397/78 of 13 October 1978 on attestations of equivalence for hops imported from non-member countries

4 . 10 . 78                              Official Journal of the European Communities                            No L 289 / 1
                                                                    I
                                                 (Acts whose publication is obligatory)
                                       COMMISSION REGULATION (EEC) No 2397/78
                                                          of 13 October 1978
                 on attestations of equivalence for hops imported from non-member countries
 THE COMMISSION OF THE EUROPEAN                                        exporting countries to comply with the Community s
 COMMUNITIES,                                                          marketing requirements for these products ; whereas it
                                                                       is therefore necessary to require that such products
 Having regard to the Treaty establishing the European                 imported from third countries be accompanied by an
 Economic Community,                                                   attestation as specified in Article 5 (2) of Regulation
                                                                       (EEC) No 1696/71 ;
 Having regard to Council Regulation (EEC) No
 1696/71 of 26 July 1971 on the common organization                    Whereas it is essential, in order to facilitate control by
 of the market in hops ('), as last amended by Regula­                 the competent authorities of the Member States, to
 tion (EEC) No 1170/77 (2), and in particular Articles 5
 (3) and 23 thereof,
                                                                       prescribe the form and, in so far as is necessary, the
                                                                       content of the attestation, and the rules for its utiliza­
                                                                       tion ;
 Whereas Article 5 of Regulation (EEC) No 1696/71
 specifies that hops and hop products from third coun­
 tries may be imported only if their quality standards                 Whereas the      United States of America, Poland,
 are at least equivalent to the minimum limits for                     Bulgaria and Yugoslavia have undertaken to comply
 marketing adopted for hops and hop products har­                      with the requirements laid down for the marketing of
 vested within the Community and their derivatives ;                   hops and hop products and have empowered certain
 whereas the said Article specifies however that these                 agencies to issue attestations of equivalence ; whereas
 products shall be considered as being of the required                 these attestations should therefore be recognized as
 standard if they are accompanied by an attestation                    equivalent to Community certificates and the goods
 issued by the authorities of their country of origin                  covered by them should be admitted to free circula­
 recognized as equivalent to the certificate required for              tion ;
.marketing hops and hop products of Community
 origin ;
                                                                       Whereas the Management Committee for Hops has
                                                                       not delivered an opinion within the time limit set by
 Whereas in Commission Regulation (EEC) No                             its chairman ,
  1646/78 of 13 July 1978 (3) rules were fixed for
 checking the minimum marketing requirements for
 hop cones imported from third countries laid down
 by Commission Regulation (EEC) No 890/78 of 28
 April 1978 laying down detailed rules for the certifica­
                                                                       HAS ADOPTED THIS REGULATION :
 tion of hops (4) ;
 Whereas under Council Regulation (EEC) No 1784/77
 of 19 July 1977 on the certification of hops (5) very
                                                                                               Article 1
 strict marketing requirements are prescribed, particu­
 larly for mixtures ; whereas there is at the moment no
 method of effectively checking that these require­                     1 . Without prejudice to the provisions of Regula­
 ments are met ; whereas the only possible substitute                  tion (EEC) No 1646/78 relating to imports of hop
 for such a check is an undertaking on the part of the                 cones, products as referred to in Article 1 of Regula­
                                                                       tion (EEC) No 1696/71 coming from third countries
 (>)  OJ  No   L 175,  4. 8 . 1971 , p. 1 .                            may enter into free circulation in the Community
 (2)  OJ  No   L 137,  3 . 6. 1977, p. 7.                              only on production of an attestation as provided for in
 (J)  OJ  No   L 191 , 14. 7. 1978, p. 25.
 («)  OJ  No   L 117,  29 . 4. 1978, p. 43.                            Article 5 (2) of that Regulation complying with the
 (5)  OJ  No   L 200,  8 . 8 . 1977, p. 1 .                            requirements of this Regulation .
 ---pagebreak--- No L 289 / 2                       Official Journal of the European Communities                             14. 10 . 78
2. Attestations issued in accordance with this Regu­                                   Article 4
lation by an issuing authority in the third countries of
origin listed in Annex III shall be recognized as equiv­      1 . An attestation shall be valid only if it is duly
alent to the certificate provided for in Article 2 of        completed and authenticated by one of the official
Regulation (EEC) No 1696/71 .                                authorities recognized by the third country of origin
                                                             and appearing on the list in Annex III to this Regula­
                                                              tion .
                        Article 2
                                                             2. A duly authenticated attestation is one which
 1 . The attestation for each consignment, consisting        shows the place and date of issue and bears the stamp
of an original and two copies, shall be drawn up on a        of the issuing authority and the signature of the
form corresponding to the model set out in Annex I           person or persons authorized to sign it.
to this Regulation and in accordance with the instruc­
tions given in Annex II .
2.    The size of the form shall be 210 x 297 mm .                                     Article 5
3.    Each attestation shall bear an individual serial        If the product covered by the attestation is resold after
number given by the issuing authority.                       it has been put into free circulation, it must be accom­
                                                             panied by an invoice or other commercial document
4. The attestation shall be completed either in              drawn up by the vendor, giving the reference number
typescript or by hand and in the latter case shall be        of the attestation, the name of the authority which
printed legibly in ink . The attestation shall be made       issued it and the following information copied from
                                                             the attestation :
out in one of the official languages of the Community
and may also be in the official language, or an official
language, of the country of origin .                          1 . for hops :
5.    For the purposes of this Regulation 'consign­               (a) the description of the product,
ment' means a quantity of a product having the same
characteristics sent at the same time by the same                 (b) the.net weight and/or gross weight,
consignor to the same consignee.
                                                                  (c) the place of production,
                                                                  (d) the year of harvest,
                        Article 3
                                                                  (e) the variety,
1 . On completion of customs formalities required
for the entry into free circulation in the Community              (f) the country of origin,
of the product to which the attestation relates, the orig­
inal and the two copies shall be submitted to the                 (g) the markings and identification numbers given
customs authorities. One copy shall be forwarded by                    in section 9 of the attestation ;
the customs authorities to the authority responsible
for supervising the certification system referred to in      2. for products manufactured from hops, in addition
Article 1 (6) of Regulation (EEC) No 1784/77 of the               to the particulars listed under ( 1 ) :
Member State where the product enters into free circu­
lation . The second copy shall be returned to the                 place and date of processing.
importer.
2.    Each package shall bear the following particulars                                Article 6
in one of the Community languages :
— the discription of the product,                            This Regulation shall enter into force on the 10th day
— the variety or varieties,                                  following its publication in the Official Journal of
                                                              the European Communities.
— the country of origin,
— the marks and numbers given in section 9 of the            However, it shall not apply to products other than
    attestation .
                                                             hop cones which the importer can prove to have been
                                                             exported from a third country before 1 December
3.    The particulars shall appear in legible, indelible      1978 and for which the customs formalities required
characters of uniform size on       the outside of the       for entry into free circulation in the Community are
package.                                                     completed before January 1979 .
 ---pagebreak--- 14. 10 . 78                    Official Journal of the European Communities                        No L 289 / 3
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 13 October 1978 .
                                                                   For the Commission
                                                                    Finn GUNDELACH
                                                                       Vice-President
 ---pagebreak---  ---pagebreak---                                                                       ANNEX I
     1 . Consignor (full name and address)                                   2. No
                                                                                                                              ORIGINAL
                                                                                 ATTESTATION OF EQUIVALENCE FOR THE
                                                                                 IMPORTATION               OF       HOPS          AND       HOP
    3. Consignee (full name and address)                                         PRODUCTS               INTO           THE          EUROPEAN
                                                                                                 ECONOMIC COMMUNITY
                                                                                 Voir traduction au verso — Ubersetzung siehe Rückseite — Vedi
                                                                                 traduzione a tergo — Zie vertaling aan ommezijde — Over­
                                                                                                        sættelse se bagsiden
                                                                              4. Country of origin
                              IMPORTANT NOTES
     A. This attestation and the two copies must be submitted to the
          customs authorities in the Community when the products
          are put into free circulation or when the consignment is split
          up before it is put into free circulation.                          5. Place of production of hops         6. Harvesting year
     B. After endorsing the attestations and the two copies, the
          customs authorities in the Community should retain the orig­
          inal, return one copy to the declarant and forward the other
          copy to the authorities responsible for hops in the Member
          State concerned.
                                                                              7. Place of processing                 8 . Date of processing
     9. Marks, numbers, number and kind of packages — Description of the products — Variety                                       10. Gross  weight
                                                                                                                                      (kg)
    11 . ATTESTATION BY ISSUING AUTHORITY
          I the undersigned certify that the products described above comply with the rules on hops and hop products applicable in the European
          Economic Community.
                                                                                 At                                       , on
    2. Issuing authority (full name and . address)
                                                                                            (Signature)                          (Sump)
    13. RESERVED FOR THE CUSTOMS AUTHORITIES IN THE COMMUNITY
          The products described above have been put into free circulation (')
          This attestation has been replaced by                              abstracts (')
    At                                         on
                                                                                           (Signature)                          (Sump)
') Delete where not applicable.
 ---pagebreak---  ---pagebreak--- 14 . 10 . 78                         Official Journal of the European Communities                                        No L 289 /7
                                                             ANNEX II
             1 . Section 5 shall not be completed for hop products made from blends of hops.
             2. Sections 7 and 8 shall be completed for all products made from hops .
             3 . The description of the products shall be one of the following :
                 (a) unprepared hops : i.e. hops which have only undergone preliminary drying and packaging ;
                 (b) prepared hops : i.e. hops which have undergone final drying and packaging ;
                 (c) hop powder :(which shall include hop pellets and enriched hop powder);
                 (d) isomerized hop extract : i.e. an extract in which the alpha acids have been almost totally
                     isomerized ;
                 (e) extract of hops : i.e. other extracts than isomerized extract of hops ;
                 (f) mixed hop products : i.e. a mixture of the products set out under (c), (d) and (e) above, excluding
                     hops.
             4. The description of 'unprepared hops' or 'prepared hops' shall be followed by the word 'seedless' if
                 the seed content is less than 2 % of the weight of the hops, and by the word 'seeded' in other
                 cases .
             5. In cases where products made from hops are obtained from hops of different varieties and/or
                 different places of production, these different varieties and/or places of production shall be stated
                 in section 9, followed by the percentage by weight of each variety from each production area
                 making up the blend .
 ---pagebreak--- No L 289/8                           Official Journal of the European Communities                           14. 10 . 78
                                                               ANNEX III
                                                                                                           CCT heading
   Country of origin                    Organizations authorized to issue attestations          Products
                                                                                                                No
USA                    Inspection Division, Federal Grain Inspection Service                Hops            ex 12.06
                      — Idaho Department of Agriculture, Boise, Idaho
                                                                                            Hop powder      ex 12.06
                       — California Department of Agriculture, Sacramento, California
                       — Oregon Department of Agriculture, Salem, Oregon                    Hop extract     13.03 A VI
                       — Washington Department of Agriculture, Yakima, Washington
POLAND                Ministère du commerce extérieur et de l'économie maritime,            Hop             ex 12.06
                      Service de contrôle de la qualité des produits alimentaires, Varsovie
                                                                                            Hop powder      ex 12.06
                                                                                            Hop extract     13.03 A VI
                                                                                                         i
BULGARIA             Laboratoire du contrôle et des arbitrages près de l'Union écono­       Hop            ex 12.06
                     mique d'État, 'Bulgarsko TIVO', Sophia, Goroubliane, Bulgarie
                                                                                            Hop powder     ex 12.06
                                                                                            Hop extract     13.03 A VI
YUGOSLAVIA           1 . Institut za Hmaljarstvo in Pivovarstvo, Zalec                      Hop            ex 12.06
                     2. Poljoprivredni Fakultet Novi Sad —
                         Institut za Ratarstvo I Povrtarstvo —                              Hop powder     ex 12.06
                         Zavod za Hmelj I Sirak,
                         Backi Petrovac                                                     Hop extract     13.03 A VI