31978R2397

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 prescribe the form and, in so far as is necessary, the (3) and 23 thereof, 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 .

No L 289 / 2 14 . 10 . 78 Official Journal of the European Communities

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 .

Article5¶

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 drawn up by the vendor, giving the reference number 4 . The attestation shall be completed either in of the attestation, the name of the authority which typescript or by hand and in the latter case shall be issued it and the following information copied from printed legibly in ink . The attestation shall be made 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 :

(a) the description of the product, 5. For the purposes of this Regulation 'consign­ ment' means a quantity of a product having the same (b) the.net weight and/or gross weight, characteristics sent at the same time by the same 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 following its publication in the Official Journal of — the variety or varieties, 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 .

14. 10 . 78 No L 289 / 3 Official Journal of the European Communities

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

ANNEX I

2. No 1 . Consignor (full name and address) ORIGINAL

ATTESTATION OF EQUIVALENCE FOR THE IMPORTATION OF HOPS AND HOP PRODUCTS INTO THE EUROPEAN 3. Consignee (full name and address) 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.

14 . 10 . 78 No L 289 / 7 Official Journal of the European Communities

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 .

No L 289/ 8 Official Journal of the European Communities 14 . 10 . 78

ANNEX III

Products CCT heading Country of origin Organizations authorized to issue attestations No

USA Inspection Division, Federal Grain Inspection Service Hops ex 12.06 — Idaho Department of Agriculture, Boise, Idaho ex 12.06 Hop powder — 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 ex 12.06 Hop mique d'État, 'Bulgarsko TIVO', Sophia, Goroubliane, Bulgarie ex 12.06 Hop powder

Hop extract 13.03 A VI

YUGOSLAVIA 1 . Institut za Hmaljarstvo in Pivovarstvo, Zalec ex 12.06 Hop 2. Poljoprivredni Fakultet Novi Sad — Institut za Ratarstvo I Povrtarstvo — ex 12.06 Hop powder Zavod za Hmelj I Sirak, Backi Petrovac 13.03 A VI Hop extract