No C 281/14 Official  Journal  of the  European  Communities 27. 11. 76 
Whereas  the entry  into  force  of the ATP  Agreement 
is a prerequisite  for  the  establishment  of uniform 
regulations  for the carriage  of perishable  foodstuffs, 
applicable  to a geographical  area  larger  than  the nine 
Member  States  of the Community; 
Whereas  by improving  the  conditions  under  which 
perishable  foodstuffs  are kept,  the ATP  Agreement  is 
likely  to lead  to an  increase  in trade  in such 
foodstuffs  between  the  EEC  and  non-member 
countries; 
Whereas  the  ATP  Agreement  is of considerable 
significance  for the common  transport  policy  in view 
of the fact  that  failure  by any  Member  State  to apply 
the Agreement  would  lead  to different  rules  being 
applied  to carriers  specializing  in the  transport  of 
perishable  foodstuffs,  which  would  be prejudicial  to 
the harmonization  of the  terms  of competition  and 
the smooth  functioning  of the transport  market; 
Whereas  there  is  no  contradiction  between 
Community  provisions  and  the standard  laid  down  in 
the ATP  Agreement, HAS  ADOPTED  THE  FOLLOWING  OPINION 
with  no votes  against  and  one  abstention: 
The Committee  approves  in  principle  the 
Commission  proposal  that  the Member  States  of the 
European  Community  should  accede  to or ratify  the 
Agreement  on the international  carriage  of perishable 
foodstuffs  and  on the  special  equipment  to be used 
for such  carriage  (ATP).  The  Section  considers  that 
the instruments  of ratification  or accession  should  be 
deposited  jointly,  before  21 November  1976,  with  the 
Secretariat  of the United  Nations  Organization  by the 
representative  of the  Member  State  holding  the 
presidency  of the Council,  who  should  act on behalf 
of the Community. 
Done  at Brussels,  29 September  1976. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE 
Opinion  on the  proposal  for  a Council  Regulation  amending  Regulation  (EEC)  No 
817/70  laying  down  special  provisions  relating  to quality  wines  produced  in specified 
regions 
The text  referred  to the  Committee  has  been  published  in Official  Journal  of the 
European  Communities  No  C 161  of 14 July  1976,  page  7. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 8 July  1976,  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with.Articles  47 and  198  of the Treaty  establishing  the 
European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the  above  matter  at its 
141st  plenary  session,  held  in Brussels  on 29 and  30 September  1976. 
The full  text  of the opinion  is as follows: 
27. 11.76 Official  Journal  of the European  Communities No C 281/15 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  47 and 198  thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 8 July  1976  for  an 
opinion, 
Having  regard  to the decision  taken  by its Chairman, 
under  the urgency  procedure  provided  for in Articles 
46 and  47 of the  Rules  of Procedure,  asking  the 
Section  for  Agriculture  to prepare  the  Committee's 
work  on the matter, 
Having  regard  to its previous  work  on the  matter 
and, in particular,  its opinions  of 27 March  1968  (*) 
and 25 September  1969  (2), 
Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr Guillaume, 
Having  regard  to the opinion  adopted  by the Section 
for Agriculture  at its meeting  on 9 September  1976, 
Having  regard  to the discussions  at its 141st  plenary 
session  of 29 and  30 September  1976  (meeting  of 
29 September  1976), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a large  majority,  with  six votes  against  and  seven 
abstentions: 
The Economic  and  Social  Committee  has  the 
following  remarks  to make  on the  Commission's 
proposal: 
1. General  comments 
1.1. The  Economic  and  Social  Committee 
generally  approves  the Commission's  proposal,  which 
is intended  to introduce  a minimum  degree  of 
standardization  into  Community  rules  regarding 
excess  yields  per  hectare  of grapes  used  for making 
quality  wines  psr. 
1.2. The  Committee  considers,  however,  that 
certain  specific  points  in the  proposal  should  be 
modified  so as to take  more  account  of natural production  conditions  and  traditions  in producer 
countries  in the  Community.  With  this  in mind,  it 
proposes  the following  changes: 
2. Specific  comments 
2.1. New  Article  10(1),  last  subparagraph 
The Committee  feels  that  exceptional  climatic 
conditions  may  justify  downward  as well  as upward 
adjustments  of the  yield.  It therefore  proposes  that 
this subparagraph  be re-worded  to read  as follows: 
'In years  where  climatic  conditions  are 
exceptional,  the  yield  must  be adjusted  by a 
particular  Member  State  in respect  of the harvest 
of the year  concerned.  Such  adjustments  shall  be 
notified  to the Commission.' 
2.2. Article  10 (2) 
The Committee  considers  that  the  planned  limit  of 
20%  must  be  adjustable  in the  light  of local 
conditions,  because  this  percentage  might  not  be 
sufficient  in regions  where  the basic  yield  per hectare 
is very  low.  It therefore  proposes  that  this  passage  be 
reworded  to read  as follows: 
'Member  States  may  also  tolerate  an excess  yield 
per hectare,  adjusted  where  necessary  by 20%  up 
to a maximum  limit  of 10 hl/ha,  provided  that  the 
producers  producing  such  excess  yields  prove 
that: 
— they  have  sorted  the grapes  harvested  in such 
a way  that  only  a quantity  corresponding  to 
the yield  per  hectare  is used  to produce  the 
quality  wine  psr concerned,  or 
— the  quantity  of grapes  harvested  in excess  of 
the yield  is used  to produce  products  other 
than table  wines  or quality  wines  psr,  or 
— the  natural  alcoholic  strength  of the harvest  is 
1° above  the  minimum  natural  alcoholic 
strength  fixed  by  the  provisions  of the 
Member  State  concerned  for the quality  wine 
psr in question. 
However,  only  quantities  equivalent  to those 
obtained  from  the  basic  yield,  adjusted  where 
(') OJ  No C 58, 13. 6. 1968.  necessary,  have  the  right  to be  called  quality 
(2) OJ  No C 10, 27. 1. 1970.  wines  psr.' 
No C 281/16 Official  Journal  of the  European  Communities 27. 11.76 
2.3. Article  10(3) use of the  entire  harvest  for  the  preparation  of a 
quality  wine  psr shall  be prohibited.' 
In view  of the  above  amendments,  the  Committee 
proposes  the following  wording: Done  at Brussels,  29 September  1976. 
'If, after  adjustment  and  allowing  for  the 
tolerance  provided  for  in subparagraphs  1 and  2, 
the yield  per  hectare  is over  the  limit  fixed,  the The Chairman 
of the  Economic  and  Social  Committee 
Henri  CANONGE 
ANNEX 
to the opinion  of the Economic  and  Social  Committee 
The following  amendments  were  rejected  at the plenary  session: 
Paragraph  2.2 
Delete  the last  paragraph  in 2.2 ('However,  only  quantities'). 
Reasons 
The quality  and  size  of the  harvests  in the  northern  European  wine-growing  areas  depend 
heavily  on the weather  even  when  the wine-grower  takes  great  care.  Thus,  the wine-grower  has 
little  influence  on a harvest's  size  and  quality.  The  large  harvests  in some  years  are of better 
quality  than  the  small  harvests  in others.  If the  proposed  Regulation  becomes  law,  Member 
States  will  be forced  to specify  the highest  possible  yields  per  hectare  in order  to make  some 
allowance  for practical  needs.  The  purpose  of the Regulation  should  be to match  overall  supply 
and demand  as far as possible.  This  goal  will  not be reached  by simply  laying  down  quotas  per 
unit of area,  as proposed  by the Commission. 
Voting 
For: 10, against:  34, abstentions:  18. 
Paragraph  2.3 
Add the following  to 2.3: 
'... shall  be prohibited  unless  the  Member  States  ensure  that  the  wine  is recognized  as 
being  a quality  wine  psr on the basis  of an official  quality  test.' 
It would  be completely  absurd  if the  entire  harvest  could  not  be used  for the preparation  of 
quality  wine  psr  because,  even  after  adjustment  and  allowing  for  tolerances,  the  yield  per 
hectare  was  still  over  the limit  fixed.  Even  high-quality  wines  would  have  to be given  a lower 
quality  label  simply  because  more  than  the  prescribed  quantites  had  been  harvested.  In 
northerly  wine-growing  areas  some  wines  are  often  picked  later  than  others.  The  'spatlese' 
wines  of the highest  quality  are the last  to be harvested.  If production  of these  wines  exceeded 
the prescribed  maxima,  whole  harvests  would  have  to be downgraded. 
The only  way  the proposal  can  fulfil  its purpose  is by having  official  quality  checks,  which  are 
in the interests  of both  producers  and  consumers. 
Voting 
For: 10, against:  34, abstentions:  18. Reasons