Commission Regulation (EC) No 1295/2008Show full title

Commission Regulation (EC) No 1295/2008

of 18 December 2008

on the importation of hops from third countries

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular Article 192(2) and Article 195(2), in conjunction with Article 4, thereof,

Whereas:

(1) Commission Regulation (EEC) No 3076/78 of 21 December 1978 on the importation of hops from non-Member countries(2) and Commission Regulation (EEC) No 3077/78 of 21 December 1978 on the equivalence with Community certificates of attestations accompanying hops imported from non-Member countries(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Regulations should be codified.

(2) Article 158(1) of Regulation (EC) No 1234/2007 provides that hops and hop products from third countries may be imported only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or their derivatives. Article 158(2) provides, however, that these products should be considered as being of those standards if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate required for the marketing of hops and hop products of Community origin.

(3) Commission Regulation (EC) No 1850/2006 of 14 December 2006 laying down detailed rules for the certification of hops and hop products(5) lays down very strict marketing requirements for hop products, and mixtures in particular. There is at the moment no effective method of checking at frontiers that these requirements are met. 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. It is therefore necessary to require that such products be accompanied by an attestation as specified in Article 158(2) of Regulation (EC) No 1234/2007.

(4) In order to ensure that Community rules on the certification of hops are respected, Member States should carry out checks to verify whether imported hops conform to the minimum marketing requirements laid down by Regulation (EC) No 1850/2006.

(5) Certain third countries have undertaken to comply with the requirements prescribed for the marketing of hops and hop products and have authorised certain agencies to issue attestations of equivalence. These attestations should therefore be recognised as equivalent to Community certificates and the products covered by them admitted to free circulation.

(6) It is the responsibility of the organisations concerned in those third countries to keep up to date the information contained in Annex I and to maintain close cooperation with the Commission by communicating to it the information concerned.

(7) 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 utilisation.

(8) In order to take account of trade practices, the competent authorities must be empowered, if a consignment is resold or split up, to have prepared under their supervision an extract from the attestation in respect of each new consignment resulting from the splitting up.

(9) By analogy with the Community's certification system, certain products should be exempt by virtue of their utilisation from the presentation of the attestations provided for in this Regulation.

(10) The measures laid down in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

1. Entry into free circulation in [F1 Great Britain] of the products [F2 imported] from third countries referred to in [F3 point (f) of Article 1(2) of Regulation (EU) No 1308/2013] shall be conditional upon proof being furnished that the requirements specified in [F4 Article 190(1)] of that Regulation have been met.

[F5 2. The proof referred to in Article 1(1) of this Regulation shall be furnished by production of either:

(a) the attestation provided for in Article 190(2) of Regulation (EU) No 1308/2013, hereinafter referred to as an ‘attestation of equivalence’, or

(b) until [F6 1 February 2025] or such time as the Secretary of State publishes a statement under Article 77(4) of that Regulation in relation to the relevant products (whichever is earlier), a certificate issued in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time, hereinafter referred to as an ‘EU certificate’.]

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by S.I. 2019/828, reg. 50(1) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(b), 6(10))

F2 Word in Art. 1(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1452), regs. 1(2)(a), 3

F3 Words in Art. 1(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 50(2); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 50(3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 1(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 51 (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(11)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 1(2)(b) substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(2)

[F7 Article 2 U.K.

1. For the purposes of this Regulation, the following definitions shall apply:

(a) ‘consignment’ means a quantity of a product having the same characteristics and sent by the same consignor at the same time to the same consignee;

(b) ‘constituent nation’ means England, Wales or Scotland, as the case may be;

(c) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man.

2. For the purposes of this Regulation, ‘appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

3. But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, if consent is given by the Scottish Ministers.]

Textual Amendments

F7 Art. 2 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(2) (as amended by S.I. 2020/1453, regs. 1(2)(b), 10(26)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K.

Attestations accompanying hops and hop products imported from third countries issued by an agency authorised by the third country of origin and appearing in Annex I shall be recognised as attestations of equivalence.

[F8 The Secretary of State may make regulations revising Annex I] on the basis of information communicated by the third countries concerned.

[F9 Certificates accompanying hops and hop products imported from the European Union before [F10 1 February 2025] shall be recognised as EU certificates provided that:

(a) such certificates are issued in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time, and Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time, and

(b) the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to the relevant hops or hops products (as the case may be).]

Textual Amendments

F8 Words in Art. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 52(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 3 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 52(b) (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(12)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 3 substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(3)

Article 4 U.K.

1. The attestation of equivalence shall be made out for each consignment and shall consist of an original and two copies to be drawn up on a form corresponding to the model set out in Annex II and in accordance with the rules set out in Annex IV.

[F11 1A. By way of derogation from paragraph 1, until [F12 1 February 2025], the attestation of equivalence may instead be made out in accordance with Article 4(1) of Commission Regulation (EC) No 1295/2008, as it has effect in EU law as amended from time to time.

1B. If at any time until [F13 1 February 2025] the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are not at least equivalent to the quality standards adopted for like products harvested within Great Britain or made from such products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 1A shall not apply in relation to the products set out in such statement.]

2. An attestation of equivalence shall be valid only if it is duly completed and authenticated by one of the agencies referred to in Annex I.

3. A duly authenticated attestation of equivalence is one which shows the place and date of issue and which has been signed and bears the stamp of the issuing agency.

Textual Amendments

F11 Art. 4(1A)(1B) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 53 (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(13)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 4(1A) substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(4)(a)

F13 Words in Art. 4(1B) substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(4)(b)

[F14 Article 4a U.K.

1. The EU certificate shall be made out for each consignment and shall consist of an original and two copies drawn up in accordance with Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time.

2. An EU certificate shall be valid only if it is duly completed in accordance with Article 77 of Regulation (EU) No 1308/2013, as it has effect in EU law as amended from time to time and Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time.]

Textual Amendments

F14 Art. 4a inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. Each unit of packaging covered by an attestation of equivalence shall bear the following particulars in [F15 English (and may also bear the same particulars in any other language)]:

(a) the description of the product;

(b) the variety or varieties;

(c) the country of origin;

(d) the marks and numbers indicated in section 9 of the attestation of equivalence or the extract.

2. The particulars provided for in paragraph 1 shall appear in legible, indelible characters of uniform size on the outside of the package.

[F16 3. Each unit of packaging covered by an EU certificate shall be marked in accordance with Regulation (EC) No 1850/2006, as it has effect in EU law as amended from time to time.]

Textual Amendments

F15 Words in Art. 5(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(4); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 5(3) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K.

1. Where, before its entry into free circulation, a consignment covered by an attestation of equivalence is split up and redispatched an attestation extract shall be drawn up in respect of each new consignment resulting from such splitting.

The attestation shall be replaced by the necessary number of attestation extracts.

Each extract shall be drawn up by the party concerned in one original and two copies on a form corresponding to the model given in Annex III and in accordance with the rules set out in Annex IV.

[F17 1A. By way of derogation from paragraph 1, until [F18 1 February 2025], the extract may instead be drawn up in accordance with Article 6(1) of Commission Regulation (EC) No 1295/2008, as it has effect in EU law as amended from time to time.

1B. If at any time until [F19 1 February 2025] the Secretary of State considers that the quality standards adopted in EU law for any hops or hop products are not at least equivalent to the quality standards adopted for like products harvested within Great Britain or made from such products:

(a) the Secretary of State must publish a statement to that effect, and

(b) paragraph 1A shall not apply in relation to the products set out in such statement.]

2. The customs authorities shall endorse accordingly the original and the two copies of the attestation of equivalence, and shall countersign the original and the two copies of each extract.

They shall retain the original of the attestation of equivalence, send the two copies to the [F20 Secretary of State] and return the original and the two copies of each extract to the person concerned.

Textual Amendments

F17 Art. 6(1A)(1B) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 54(a) (as amended by S.I. 2020/1452, regs. 1(2)(b), 6(14)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 6(1A) substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(5)(a)

F19 Words in Art. 6(1B) substituted (1.1.2024) by The Common Organisation of the Markets in Agricultural Products (Marketing Standards and Organic Products) (Transitional Provisions) (Amendment) Regulations 2023 (S.I. 2023/1246), regs. 1(2), 5(5)(b)

F20 Words in Art. 6(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 54(b); 2020 c. 1, Sch. 5 para. 1(1)

[F21 Article 6a U.K.

1. Where, before its entry into free circulation, a consignment covered by an EU certificate is split up and redispatched a certificate extract shall be drawn up in respect of each new consignment resulting from such splitting.

The EU certificate shall be replaced by the necessary number of certificate extracts.

Each extract shall be drawn up by the party concerned in one original and two copies and shall contain the following information, taken from the EU certificate:

(a) the description of the product;

(b) the reference number of the EU certificate;

(c) the net and/or gross weight;

(d) the hop production area or the place of production;

(e) the year of harvesting;

(f) the variety;

(g) the mention ‘seeded hops’ or ‘seedless hops’, as appropriate;

(h) in the case of products prepared from hops, the place and date of processing;

(i) the following declaration:

2. The customs authorities shall:

(a) endorse the EU certificate with the following wording:

(b) countersign the original and the two copies of each extract.

They shall retain the original of the EU certificate, send two copies to the Secretary of State and return the original and the two copies of each extract to the person concerned.]

Textual Amendments

F21 Art. 6a inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 55; 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K.

On completion of customs formalities required for release for free circulation in [F22 Great Britain] of the product to which the attestation of equivalence [F23 , the EU certificate] or the extract relates, the original and the two copies shall be submitted to the customs authorities who shall countersign them, retaining the original. One copy shall be forwarded by the customs authorities to the competent authority, as referred to in Article 21 of Regulation (EC) No 1850/2006, of the [F24 constituent nation] where the product enters into free circulation. The second copy shall be returned to the importer, who must keep it for at least three years.

Textual Amendments

F22 Words in art. 7 substituted (31.12.2020) by S.I 2019/822, reg. 10(6)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(27))

F23 Words in art. 7 inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in art. 7 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K.

[F25 In the case of consignments accompanied by an attestation of equivalence or an attestation extract, if] the consignment is resold or split up after it has been released for free circulation, the product must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the attestation of equivalence or of the extract, together with the name of the authority which issued them.

The following information from the attestation of equivalence or, as the case may be, the extract shall also be included on the invoice or commercial document:

(a)

for hop cones:

(i)

the description of the product;

(ii)

the gross weight;

(iii)

the place of production;

(iv)

the year of harvest;

(v)

the variety;

(vi)

the country of origin;

(vii)

the markings and identification numbers given in Section 9 of the attestation;

(b)

for products manufactured from hops, in addition to the particulars listed under point (a): the place and date of processing.

Textual Amendments

F25 Words in art. 8 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(7); 2020 c. 1, Sch. 5 para. 1(1)

[F26 Article 8a U.K.

In the case of consignments accompanied by an EU certificate or an EU certificate extract, if the consignment is resold or split up after it has been released for free circulation, the product must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the EU certificate or of the extract.

The following information from the EU certificate or, as the case may be, the extract shall also be included on the invoice or commercial document:

(a) for hop cones:

(i) the description of the product;

(ii) the gross weight;

(iii) the place of production;

(iv) the year of harvest;

(v) the variety;

(b) for products manufactured from hops, in addition to the particulars listed under point (a): the place and date of processing.]

Textual Amendments

F26 Art. 8a inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K.

1. The [F27 appropriate authorities] shall regularly carry out checks on a random basis to verify whether hops which are imported pursuant to [F28 Article 190(1) of Regulation (EU) No 1308/2013] comply with the minimum marketing requirements set out in Annex I to Regulation (EC) No 1850/2006.

2. F29 ... The checks shall cover at least 5 % of the number of hop consignments expected to be imported from a third country into [F30 Great Britain] during the year. [F31 For the purposes of this paragraph, the EU may be treated as a single country.]

3. If the competent authorities F32 ... find that the samples examined do not satisfy the minimum marketing requirements referred to in paragraph 1, the corresponding consignments may not be marketed in [F33 Great Britain].

4. If [F34 an appropriate authority] discovers that the characteristics of a product do not conform to the details listed on the attestation of equivalence accompanying the product it shall notify the [F35 Secretary of State] thereof.

[F36 Upon receipt of a notification under this paragraph, the Secretary of State may make regulations withdrawing] the agency having issued the attestation of equivalence for such products from the list in Annex I.

F37 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Words in Art. 9(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 9(1) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 9(2) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 9(2) substituted (31.12.2020) by S.I. 2019/822, reg. 10(10)(b) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(28))

F31 Words in Art. 9(2) inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 9(3) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 9(3) substituted (31.12.2020) by S.I 2019/822, reg. 10(11)(b) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(29))

F34 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F36 Words in Art. 9(4) substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

F37 Art. 9(5) omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K.

By way of derogation from this Regulation, neither the production of the attestation [F38 or EU certificate] referred to in Article 1(2) nor compliance with the provisions of Article 5 shall be required for the release for free circulation of the following hops and hop products where the weight per individual package does not exceed 1 kg in the case of hop cones and hop powder and 300 g in the case of hop extracts:

(a)

small packages for sale to private individuals for their own use;

(b)

for scientific and technical experiments;

(c)

for fairs covered by the special customs arrangements for fairs.

The description, weight and final utilisation of the product must appear on the packaging.

Textual Amendments

F38 Words in art. 10 inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(14); 2020 c. 1, Sch. 5 para. 1(1)

[F39 Article 10a U.K. Regulations

1. Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

4. Before making any regulations under this Regulation the Secretary of State must consult—

(a) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the Secretary of State may consider appropriate.]

Textual Amendments

F39 Art. 10a inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 56; 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K.

Regulations (EEC) No 3076/78 and (EEC) No 3077/78 are repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 12 U.K.

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

F40 ...

Textual Amendments

F40 Words in Signature omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(15); 2020 c. 1, Sch. 5 para. 1(1)

[F41 ANNEX I U.K.

Textual Amendments

F41 Substituted by Commission Implementing Regulation (EU) No 631/2012 of 12 July 2012 amending Regulation (EC) No 1295/2008 on the importation of hops from third countries.

AGENCIES AUTHORISED TO ISSUE ATTESTATIONS IN RESPECT OF

Hop cones CN code: ex 1210

Hop powders CN code: ex 1210

Saps and extracts of hops CN code: 1302 13 00

Country of origin	Authorised agencies	Address	Code	Telephone	Fax	e-mail (optional)
(AR) Argentina	Coordinación Regional Temática de Protección Vegetal (CRTPV). Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA) Centro Regional Patagonia Norte	Calle 9 de Julio 933. General Roca, Provincia de Río Negro, Cod 8334	(54-298)	44 28 594 44 32 190	44 28 594 44 32 190	[e-mail] [e-mail] [e-mail]
	Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA)	Av. Pasco Colon 367 Ciudad Aut. de Buenos Aires, C1063ACD	(54-11)	41 21 50 00	41 21 50 00	[e-mail] [e-mail]
(AU) Australia	Quarantine Tasmania Quarantine Centre	163-169 Main Road Moonah, 7009 Tasmania, Australia	(61-3)	62 33 33 52	62 34 67 85
(CA) Canada	Plant Protection Division, Animal and Plant Health Directorate, Food Production and Inspection Branch, Agriculture and Agri-food Canada	Floor 2, West Wing 59, Camelot Drive Napean, Ontario, K1A OY9	(1-613)	952 80 00	991 56 12
(CH) Switzerland	Labor Veritas	Engimattstrasse 11 Postfach 353 CH-8027 Zürich	(41-44)	283 29 30	201 42 49	[e-mail]
(CN) China	Tianjin Airport Entry-Exit Inspection and Quarantine Bureau of the People’s Republic of China	No 33 Youyi Road, Hexi District Tianjin 300201	(86-22)	28 13 40 78	28 13 40 78	[e-mail]
	Tianjin Economic and Technical Development Zone Entry-Exit Inspection and Quarantine Bureau of the People’s Republic of China	No 8, Zhaofaxincun 2nd Avenue, TEDA Tianjin 300457	(86-22)	662 98-343	662 98-245	[e-mail]
	Inner Mongolia Entry-Exit Inspection and Quarantine Bureau of the People’s Republic of China	No 12 Erdos Street, Saihan District, Huhhot City Inner Mongolia 010020	(86-471)	434-1943	434-2163	[e-mail]
	Xinjiang Entry-Exit Inspection and Quarantine Bureau of the People’s Republic of China	No 116 North Nanhu Road Urumqi City Xinjiang 830063	(86-991)	464-0057	464-0050	[e-mail]
(NZ) New Zealand	Ministry of Agriculture and Forestry	P.O. Box 2526 Wellington 6140	(64-4)	894-0100	894 0720
[ F42 ]
(RS) - Serbia	Institut za ratarstvo i povrtarstvo/ Institute of Field and Vegetable Crops	21000 Novi Sad Maksima Gorkog 30.	(381-21)	780 365 Operator: 4898 100	780 198	[e-mail]
(UA) Ukraine	Productional-Technical Centre (PTZ) Ukrhmel	Hlebnaja 27 262028 Zhitomir	(380)	37 21 11	36 73 31
(US) United States	Washington Department of Agriculture State Chemical and Hop Lab	21 N. 1st Ave. Suite 106 Yakima, WA 98902	(1-509)	225 76 26	454 76 99
	Idaho Department of Agriculture Division of Plant Industries Hop Inspection Lab	2270 Old Penitentiary Road P.O. Box 790 Boise, ID 83701	(1-208)	332 86 20	334 22 83
	Oregon Department of Agriculture Commodity Inspection Division	635 Capital Street NE Salem, OR 97310-2532	(1-503)	986 46 20	986 47 37
	California Department of Food and Agriculture (CDFA-CAC) Division of Inspection Services Analytical Chemistry Laboratory	3292 Meadowview Road Sacramento, CA 95832	(1-916)	445 00 29 ou 262 14 34	262 15 72
	USDA, GIPSA, FGIS	1100 NW Naito Parkway Portland, OR 97209-2818	(1-503)	326 78 87	326 78 96
	USDA, GIPSA, TSD, Tech Service Division, Technical Testing Laboratory	10383 Nth Ambassador Drive Kansas City, MO 64153-1394	(1-816)	891 04 01	891 04 78
(ZA) South Africa	CSIR Food Science and Technology	PO Box 395 0001 Pretoria	(27-12)	841 31 72	841 35 94
(ZW) Zimbabwe	Standards Association of Zimbabwe (SAZ)	Northend Close, Northridge Park Borrowdale, P.O. Box 2259 Harare	(263-4)	88 20 17, 88 20 21, 88 55 11	88 20 20	[e-mail] saz.org.zw]

Textual Amendments

F42 Deleted by Commission Regulation (EU) No 519/2013 of 21 February 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia.

F43 F44 F45 F46 F47 F48 F49 ANNEX II U.K. ATTESTATION OF EQUIVALENCE

Textual Amendments

F43 Annex 2: in the form, in the box immediately below box 2, the words “GREAT BRITAIN” are substituted for the words “THE EUROPEAN COMMUNITY” (31.12.2020) by S.I. 2019/822, regs. 1, 10(16)(a) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(30)(a))

F44 Annex 2: in the form, in the box immediately above box 4, the words from “Виж” to “baksidan” are omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F45 Annex 2: in the form, in the box entitled “IMPORTANT NOTES”, in point A, the words “Great Britain” are substituted for the words “the Community” (31.12.2020) by S.I. 2019/822, regs. 1, 10(16)(c)(i) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(30)(b))

F46 Annex 2: in the form, in the box entitled “IMPORTANT NOTES”, in point B, the words “in the Member State concerned” are omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(16)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Annex 2: in the form, in the box entitled “IMPORTANT NOTES”, in point C, the words “in the Member State concerned” are omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(16)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F48 Annex 2: in the form, in box 11 the words “Great Britain” are substituted for the words “the European Community” (31.12.2020) by S.I. 2019/822, regs. 1, 10(16)(d) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(30)(c))

F49 Annex 2: in the form, in box 13 the words “GREAT BRITAIN” are substituted for the words “THE COMMUNITY” (31.12.2020) by S.I. 2019/822, regs. 1, 10(16)(e) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(30)(d))

F50 F51 F52 F53 F54 F55 ANNEX III U.K. EXTRACT OF ATTESTATION

Textual Amendments

F50 Annex 3: in the form, in the box immediately below box 2, the words “GREAT BRITAIN” are substituted for the words “THE EUROPEAN COMMUNITY” (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(17)(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 10(31)(a))

F51 Annex 3: in the form, in the box immediately above box 4, the words from “Виж” to “baksidan” are omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F52 Annex 3: in the form, in the box entitled “IMPORTANT NOTES”, in point A, the words “Great Britain” are substituted for the words “the Community” (31.12.2020) by S.I. 2019/822, regs. 1, 10(17)(c)(i) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(31)(b))

F53 Annex 3: in the form, in the box entitled “IMPORTANT NOTES”, in point B, the words “Great Britain” are substituted for the words “the Community” (31.12.2020) by S.I. 2019/822, regs. 1, 10(17)(c)(ii)(aa) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(31)(c))

F54 Annex 3: in the form, in the box entitled “IMPORTANT NOTES”, in point B, the words “in the Member State concerned” are omitted (31.12.2020) by virtue of The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(17)(c)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F55 Annex 3: in the form, in box 14, the words “GREAT BRITAIN” are substituted for the words from “THE MEMBER” to “CIRCULATION” (31.12.2020) by S.I. 2019/822, regs. 1, 10(17)(d) (as substituted by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(b), 10(31)(d))

ANNEX IV U.K. RULES GOVERNING THE FORMS REFERRED TO IN ARTICLES 4 AND 6

I. PAPER U.K.

The paper to be used is a white paper weighing at least 40 g/m².

II. SIZE U.K.

The size is: 210 × 297 mm.

III. LANGUAGES U.K.

A. The attestation of equivalence must be printed in [F56 English]; it can also be printed in [F57 any other language, including] the official language or one of the official languages of the issuing country. U.K.

Textual Amendments

F56 Word in Annex 4 point 3 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(18)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F57 Words in Annex 4 point 3 inserted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(18)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

B. The extract of the attestation of equivalence must be printed in [F58 English; it can also be printed in any other language] U.K.

Textual Amendments

F58 Words in Annex 4 point 3 substituted (31.12.2020) by The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/822), regs. 1, 10(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

IV. COMPLETION OF THE FORMS U.K.

A. The forms shall be completed by typewriter or by hand; in the latter case, they shall be completed legibly in ink and in printed characters. U.K.

B. Each form is individualised by a number given by the issuing authority, this number being the same for the original and its two copies. U.K.

C. In the case of the attestation of equivalence and its extracts: U.K.

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 (Section 9) 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)

‘isomerised hop extract’: i.e. an extract in which the alpha acids have been almost totally isomerised,

(e)

‘extract of hops’: i.e. other extracts than isomerised extract of hops,

(f)

‘mixed hop products’: i.e. a mixture of the products referred to in points (c), (d) and (e) above, excluding hops;

4.

the description ‘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.

ANNEX V U.K.

Repealed Regulations with list of their successive amendments

Commission Regulation (EEC) No 3076/78 (OJ L 367, 28.12.1978, p. 17)
Commission Regulation (EEC) No 1465/79 (OJ L 177, 14.7.1979, p. 35)	Article 2 only concerning the references to Article 3 of Regulation (EEC) No 3076/78
Commission Regulation (EEC) No 4060/88 (OJ L 356, 24.12.1988, p. 42)	Article 1 only
Commission Regulation (EEC) No 2264/91 (OJ L 208, 30.7.1991, p. 20)
Commission Regulation (EEC) No 2940/92 (OJ L 294, 10.10.1992, p. 8)
Commission Regulation (EEC) No 717/93 (OJ L 74, 27.3.1993, p. 45)
Commission Regulation (EEC) No 2918/93 (OJ L 264, 23.10.1993, p. 37)
Commission Regulation (EEC) No 3077/78 (OJ L 367, 28.12.1978, p. 28)
Commission Regulation (EEC) No 673/79 (OJ L 85, 5.4.1979, p. 25)
Commission Regulation (EEC) No 1105/79 (OJ L 138, 6.6.1979, p. 9)
Commission Regulation (EEC) No 1466/79 (OJ L 177, 14.7.1979, p. 37)
Commission Regulation (EEC) No 3042/79 (OJ L 343, 31.12.1979, p. 5)
Commission Regulation (EEC) No 3093/81 (OJ L 310, 30.10.1981, p. 17)
Commission Regulation (EEC) No 541/85 (OJ L 62, 1.3.1985, p. 57)
Commission Regulation (EEC) No 3261/85 (OJ L 311, 22.11.1985, p. 20)
Commission Regulation (EEC) No 3589/85 (OJ L 343, 20.12.1985, p. 19)	Article 1(2)
Commission Regulation (EEC) No 1835/87 (OJ L 174, 1.7.1987, p. 14)
Commission Regulation (EEC) No 3975/88 (OJ L 351, 21.12.1988, p. 23)
Commission Regulation (EEC) No 4060/88 (OJ L 356, 24.12.1988, p. 42)	Article 2 only
Commission Regulation (EEC) No 2835/90 (OJ L 268, 29.9.1990, p. 88)
Commission Regulation (EEC) No 2238/91 (OJ L 204, 27.7.1991, p. 13)
Commission Regulation (EEC) No 2915/93 (OJ L 264, 23.10.1993, p. 29)
Commission Regulation (EC) No 812/94 (OJ L 94, 13.4.1994, p. 4)
Commission Regulation (EC) No 1757/94 (OJ L 183, 19.7.1994, p. 11)
Commission Regulation (EC) No 201/95 (OJ L 24, 1.2.1995, p. 121)
Commission Regulation (EC) No 972/95 (OJ L 97, 29.4.1995, p. 62)
Commission Regulation (EC) No 2132/95 (OJ L 214, 8.9.1995, p. 7)
Commission Regulation (EC) No 539/98 (OJ L 70, 10.3.1998, p. 3)
Commission Regulation (EC) No 81/2005 (OJ L 16, 20.1.2005, p. 52)
Commission Regulation (EC) No 495/2007 (OJ L 117, 5.5.2007, p. 6)

ANNEX VI U.K.

Correlation Table

Regulation (EEC) No 3076/78	Regulation (EEC) No 3077/78	This Regulation
Article 1(1) and (2)		Article 1(1) and (2)
Article 1(3)		Article 2
	Article 1, first sentence	Article 3, first paragraph
	Article 1, second sentence	Article 3, second paragraph
Article 2		Article 4
Article 3(1), introductory sentence		Article 5(1), introductory sentence
Article 3(1), first to fourth indents		Article 5(1), points (a) to (d)
Article 3(2)		Article 5(2)
Article 4		—
Article 5(1), first sentence		Article 6(1), first subparagraph
Article 5(1), second sentence		Article 6(1), second subparagraph
Article 5(1), third sentence		Article 6(1), third subparagraph
Article 5(2), first sentence		Article 6(2), first sentence
Article 5(2), second sentence		Article 6(2), second sentence
Article 6		Article 7
Article 7, first paragraph, except last five words		Article 8, first paragraph
Article 7, last five words of first paragraph and point 1		Article 8, second paragraph, introductory words
Article 7, point 1(a), introductory words		Article 8, second paragraph point (a), introductory words
Article 7, point 1(a), first indent		Article 8, second paragraph, point (a)(i)
Article 7, point 1(a), second indent		Article 8, second paragraph, point (a)(ii)
Article 7, point 1(a), third indent		Article 8, second paragraph, point (a)(iii)
Article 7, point 1(a), fourth indent		Article 8, second paragraph, point (a)(iv)
Article 7, point 1(a), fifth indent		Article 8, second paragraph, point (a)(v)
Article 7, point 1(a), sixth indent		Article 8, second paragraph, point (a)(vi)
Article 7, point 1(a), seventh indent		Article 8, second paragraph, point (a)(vii)
Article 7, point 1(b)		Article 8, second paragraph, point (b)
Article 7(2)		—
Article 7a, first paragraph, first sentence		Article 9(1)
Article 7a, first paragraph, second sentence		Article 9(2)
Article 7a, second paragraph		Article 9(3)
Article 7a, third paragraph, first sentence		Article 9(4), first subparagraph
Article 7a, third paragraph, second sentence		Article 9(4), second subparagraph
Article 8		Article 10
Article 9		—
Article 10		—
—	—	Article 11
—	—	Article 12
	Annex	Annex I
Annex I		Annex II
Annex II		Annex III
Annex III		—
Annex IV		Annex IV
—	—	Annex V
—	—	Annex VI

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 367, 28.12.1978, p. 17.

(3)

OJ L 367, 28.12.1978, p. 28.

(4)

See Annex V.

(5)

OJ L 355, 15.12.2006, p. 72.