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

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 1 July 2021 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 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

F6 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.

[F7 The Secretary of State may make regulations revising Annex I] on the basis of information communicated by the third countries concerned.

[F8 Certificates accompanying hops and hop products imported from the European Union before 1 July 2021 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

F7 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)

F8 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)

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.

[F9 1A. By way of derogation from paragraph 1, until 1 July 2021, 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 1 July 2021 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

F9 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)

[F10 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

F10 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 [F11 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.

[F12 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

F11 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)

F12 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.

[F13 1A. By way of derogation from paragraph 1, until 1 July 2021, 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 1 July 2021 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 [F14 Secretary of State] and return the original and the two copies of each extract to the person concerned.

Textual Amendments

F13 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)

F14 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)

[F15 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

F15 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 [F16 Great Britain] of the product to which the attestation of equivalence [F17 , 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 [F18 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

F16 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))

F17 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)

F18 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.

[F19 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

F19 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)

[F20 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

F20 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 [F21 appropriate authorities] shall regularly carry out checks on a random basis to verify whether hops which are imported pursuant to [F22 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. F23 ... The checks shall cover at least 5 % of the number of hop consignments expected to be imported from a third country into [F24 Great Britain] during the year. [F25 For the purposes of this paragraph, the EU may be treated as a single country.]

3. If the competent authorities F26 ... 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 [F27 Great Britain].

4. If [F28 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 [F29 Secretary of State] thereof.

[F30 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.

F31 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 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)

F22 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)

F23 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)

F24 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))

F25 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)

F26 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)

F27 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))

F28 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)

F29 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)

F30 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)

F31 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 [F32 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

F32 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)

[F33 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

F33 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.

F34 ...

Textual Amendments

F34 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)