Commission Regulation (EEC) No 3076/78 of 21 December 1978 on the importation of hops from non-member countries

COMMISSION REGULATION (EEC) No 3076/78  of 21 December 1978  on the importation of hops from non-member countries
THE COMMISSION 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 (1), as last amended by Regulation (EEC) No 1170/77 (2), and in particular Articles 5 (3) and 18 thereof,
Whereas Article 5 of Regulation (EEC) No 1696/71 provides that hops and hop products from non-member countries may be imported only if their quality standards are at least equivalent to the minimum limits for marketing adopted for like products harvested within the Community or their derivatives ; whereas it provides, however, that these products should be considered as being of the standards referred to above if they are accompanied by an attestation issued by the authorities of the country of origin and recognized as equivalent to the certificate required for the marketing of hops and hop products of Community origin;
Whereas the detailed rules for checking these requirements, drawing up the attestations and recognizing the equivalence thereof are laid down in Commission Regulations (EEC) No 1646/78 (3) and (EEC) No 2397/78 (4), as amended by Regulation (EEC) No 2709/78 (5);
Whereas the experience gained since the entry into force of these Regulations shows that it is necessary to supplement them and, for the sake of administrative simplicity, to bring together in one Regulation all the provisions concerning the free circulation of hops and their derivatives from non-member countries and to rule separately on the equivalence of attestations issued by non-member countries;
Whereas Council Regulation (EEC) No 1784/77 of 19 July 1977 on the certification of hops (6) lays down very strict marketing requirements for hop products, and mixtures in particular ; whereas there is at the moment no effective method of checking at frontiers that these requirements are met ; whereas the only possible substitute for such a check is an undertaking on the part of the exporting countries to comply with the Community's marketing requirements for these products ; whereas it is therefore necessary to require that such products be accompanied by an attestation as specified in Article 5 (2) of Regulation (EEC) No 1696/71;
Whereas the minimum marketing requirements for hops were set by Commission Regulation (EEC) No 890/78 of 28 April 1978 laying down detailed rules for the certification of hops (7) ; whereas it is necessary to lay down detailed rules for the checking of these requirements where hops are imported from non-member countries without an attestation recognized as equivalent;
Whereas, in order to facilitate control by the competent authorities of the Member States, it is essential to prescribe the form and, where necessary, the content of the attestation and the rules for its utilization;
Whereas, in order to take account of trade practices, the competent authorities must be empowered, if a consignment is split up, to have prepared under their supervision an extract from the attestation in respect of each new consignment resulting from the splitting up;
Whereas, by analogy with the Community's certification system, certain products should be exempt by virtue of their utilization from the checking or the presentation of the attestations provided for in this Regulation;
Whereas the Management Committee for Hops has not delivered an opinion within the time limit set by its chairman,  (1)OJ No L 175, 4.8.1971, p. 1. (2)OJ No L 137, 3.6.1977, p. 7. (3)OJ No L 191, 14.7.1978, p. 25. (4)OJ No L 289, 14.10.1978, p. 1. (5)OJ No L 327, 22.11.1978, p. 8. (6)OJ No L 200, 8.8.1977, p. 1. (7)OJ No L 117, 29.4.1978, p. 43.