Keywords

Summary



Keywords

++++

1 . Agriculture - Common organization of the markets - Implementing measures - Failure of the Community legislature to adopt measures - Interim powers of the Member States - Basis - Limits

( EEC Treaty, Art . 5 )

2 . Agriculture - Common organization of the markets - Wine - Aid for the preventive distillation of table wines - Conditions for granting - Exact specification of the type of wine offered for distillation - Absence of Community classification of vine varieties corresponding to the types of wine eligible - Powers of the Member States to adopt a national classification of vine varieties - Limits

( Council Regulations Nos 337/79, Art . 11, and 340/79, Arts 2 and 3; Commission Regulation No 2373/83, Art . 2(2 ) )

3 . Agriculture - Common organization of the markets - Wine - Classification of types of table wine - Blended wines - National rules requiring designation of a single vine variety - Irrelevant as regards the classification for Community purposes of wines on the basis of the vine varieties used

( Council Regulation No 340/79 )

4 . Agriculture - Common organization of the markets - Wine - Aid for the preventive distillation of table wines - Blended wines - Grant of aid on the basis of the constituents - Conditions

( Council Regulation No 340/79, Art . 2; Commission Regulation No 2373/83, Arts 2(2 ) and 5 )

Summary

1 . In the absence of measures adopted by the Community legislature, the retention or introduction by a Member State of national measures designed to achieve in its own territory the aims of a common organization of the market cannot, in principle, be objected to . However, such measures must not be regarded as involving the exercise of the Member States' own powers, but as the fulfilment of the duty to cooperate in achieving the aims of the common organization of the market which Article 5 of the Treaty imposes on them where the Community legislature has failed to act . Consequently, the measures adopted by the Member States may only be temporary and provisional in nature and they must cease to be applied as soon as Community measures are introduced .

2 . Regulation No 2373/83 fixes the amount of aid for the preventive distillation of certain table wines provided for in Article 11 of Regulation No 337/79 on the basis of the type of wine offered for distillation . Consequently, an exact indication in the distillation declaration referred to in Article 2(2 ) of Regulation No 2373/83 of the type of wine is necessary for the proper functioning of the rules on distillation and is a pre-condition for entitlement to aid even if the Community rules do not expressly require it .

For the same reasons it is essential in order to achieve the aims of the distillation rules to determine the relationship between vine varieties and the various table wine types listed in Article 2 of Regulation No 340/79 . As that was not done by the Commission, as envisaged by Article 3 of that regulation, a Member State was entitled to adopt for its own territory national rules classifying vine varieties, taking into account the characteristics of the vine varieties and the aims of the common organization of the relevant market .

3 . National rules governing designations of wine, which are designed essentially to protect the consumer, are not relevant to the classification of vine varieties under the types of table wine provided for in Regulation No 340/79 . Consequently, a blended wine which under such rules may be marketed only with the mention of a single vine variety may not, for that reason, in the light of the abovementioned regulation, be classified under the type of wine which corresponds to that vine variety .

4 . In the case of a mixture of table wines of Types A II and A III, as described in Regulation No 340/79, aid varying in accordance with the proportions of the constituent types of wine may be granted only if the contract or declaration of distillation specifies, with regard to the constituent wines, the quantity, the actual alcoholic strength by volume, and the type of wine . If that is not done, so that aid must be refused, it will also not be possible to grant aid in respect of wine of Type A I under that regulation .