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This Regulation establishes a common organisation of the market (CMO) in hops. It includes rules on marketing, producer groups and trade with third countries. The aid scheme for this product is governed by the Mediterranean package which complements the major reform of the Common Agricultural Policy (CAP) in June 2003 by laying down provisions relating to the hops, cotton, olive groves and tobacco sectors. The CMO will remain in force until 30 June 2008.
Council Regulation (EC) No 1952/2005 of 23 November 2005 concerning the common organisation of the market in hops and repealing Regulations (EEC) No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/82.
From 1 July 2008 products falling within the scope of this Regulation will be governed by the common organisation of agricultural markets.
This Regulation lays down rules on marketing, producer groups and trade with third countries in the hops sector. The 'Mediterranean package' provides for specific aid measures for this sector.
This Regulation covers the dried inflorescences – cones – of the (female) climbing hop plant, hop powder, hop powder with higher lupulin content, vegetable saps and extracts of hops.
Hops harvested or prepared within the Community are subject to a certification procedure. The certificate, indicating at least the place of production of the hops, the year of harvesting and the variety, may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. Products may be marketed and exported only by those in possession of a certificate.
Producers may form a group to achieve one of the following objectives:
- concentrating supply and helping to stabilise the market by marketing all the produce of the members or, if necessary, by purchasing hops at a higher price;
- adapting such production jointly to the requirements of the market and improving the product;
- promoting the rationalisation and mechanisation of cultivation and harvesting operations in order to render production more profitable and better protect the environment;
- deciding what varieties of hops may be grown by its members and adopting common rules on production.
The Member State within whose territory the producer group has its registered office is responsible for recognising producer groups which request recognition and fulfil a number of conditions. To be recognised, a group must, for instance, have legal personality or sufficient legal capacity to be subject, under national legislation, to rights and obligations, provide proof of economically viable activity and not hold a dominant position in the Community.
Trade with third countries
The rates of import duty in the common customs tariff apply to the products covered by this Regulation. These may be imported only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or made from such products. Only in this case do products receive an attestation issued by the authorities of the country of origin which has the same value as the Community certificate.
The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its implementation apply to the tariff classification of products covered by this Regulation.
In trade with third countries, the levying of any charge having equivalent effect to a customs duty and the application of any quantitative restriction or measure having equivalent effect are prohibited.
If, by reason of imports or exports, the Community market in one or more of the products covered by this Regulation is affected by, or is threatened with, serious disturbance, appropriate measures may be applied in trade with non-member countries of the World Trade Organisation (WTO) until such disturbance or threat of it has ceased. In this case the Commission, at the request of a Member State or on its own initiative, decides upon the necessary measures. If a Member State refers these measures to the Council, it must meet immediately and may amend or repeal them.
In cases where there is a danger of creating surpluses or of a disturbance in the supply structure of the market, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate measures to prevent market imbalance. Such measures may take the form of action affecting the production potential, the volume of supply and the marketing conditions.
Any contract to supply hops produced within the Community concluded between one or more producers and a buyer is to be registered by the bodies designated for that purpose by each producer Member State concerned. The data on which registration is based may be used only for the purposes of this Regulation.
The Commission is to be assisted by a Management Committee for Hops [FR].
Entry into force
Deadline for transposition in the Member States
|Regulation (EC) No 1952/2005||7.12.2005||-||OJ L 314, 30.11.2005|