INTENDED TO ACHIEVE THE SAME OBJECTIVES AS THE LATTER , THAT IS TO SAY THE DEVELOPMENT OF A POLICY OF QUALITY IN WINE-GROWING WHICH IS BOUND TO LEAD TO AN IMPROVEMENT OF CONDITIONS ON THE MARKET , AND , AS A RESULT , TO AN INCREASE IN OUTLETS .
13 ACCORDING TO THE FOURTH RECITAL IN THE PREAMBLE TO REGULATION NO 817/70 , ' EVEN THOUGH IT IS NECESSARY TO TAKE INTO ACCOUNT TRADITIONAL CONDITIONS OF PRODUCTION , A COMMON ATTEMPT TO HARMONIZE QUALITY REQUIREMENTS MUST NEVERTHELESS BE MADE ' . THE REGULATION LAYS DOWN BASIC RULES ENABLING EACH QUALITY WINE PSR TO BE DISTINGUISHED WHILST , NEVERTHELESS , GIVING THE MEMBER STATES THE POSSIBILITY OF DEROGATING FROM THOSE RULES IN EXCEPTIONAL CASES .
14 OF THE PROVISIONS AT ISSUE IN THIS CASE , ARTICLE 5 ( 1 ) OF THE REGULATION LAYS DOWN THE RULE THAT QUALITY WINES PSR MAY BE OBTAINED ONLY FROM GRAPES OF VINE VARIETIES WHICH HAVE BEEN HARVESTED WITHIN THE SPECIFIED REGION AND WHICH ARE LISTED . TWO POSSIBLE EXCEPTIONS TO THAT RULE ARE PROVIDED FOR : THE FIRST PERMITS THE PRESENCE OF CERTAIN VINE VARIETIES FOR THREE YEARS AND THE SECOND THE PRODUCTION OF QUALITY WINES PSR ACCORDING TO TRADITIONAL PRACTICES . IN ADDITION , ARTICLE 5 ( 2 ) LAYS DOWN THE RULE THAT THE PROCESSING OF THE GRAPES INTO MUST AND FROM MUST INTO WINE MUST BE CARRIED OUT WITHIN THE SPECIFIED REGION WHERE THE GRAPES WERE HARVESTED ; THE RULES OF A MEMBER STATE MAY PERMIT AN EXCEPTION TO THAT RULE SUBJECT TO ADEQUATE PROVISIONS AS REGARDS CONTROL .
15 HOWEVER , ARTICLE 5 ( 1 ) AND ( 2 ) MERELY SET OUT GENERAL RULES WITHOUT PROVIDING DETAILED RULES FOR THEIR APPLICATION . UNDER ARTICLE 5 ( 3 ) THE COMMISSION WAS EMPOWERED TO LAY DOWN THE DETAILED RULES FOR THE APPLICATION OF ARTICLE 5 TO COVER , IN PARTICULAR , THE POSSIBILITY FOR NATIONAL RULES TO DEROGATE FROM THE RULE THAT GRAPES ARE TO BE PROCESSED WITHIN THE SPECIFIED REGION WHERE THEY WERE HARVESTED AND THE LIST OF QUALITY WINES PSR WHICH MAY BE PRODUCED ACCORDING TO TRADITIONAL PRACTICES .
16 IT FOLLOWS FROM THE AIM AND SCHEME OF THE REGULATION AS DESCRIBED ABOVE THAT THE SECOND SUBPARAGRAPH OF ARTICLE 5 ( 1 ) ( A ) CONCERNING QUALITY WINES PSR ' PRODUCED ACCORDING TO TRADITIONAL PRACTICES ' IS AN EXCEPTION MERELY TO THE RULE CONCERNING THE EXCLUSIVE USE OF CERTAIN VINE VARIETIES AND THEREFORE RELATES ONLY TO VINE VARIETIES AND NOT THE REGIONS WHERE THE GRAPES ARE HARVESTED ; THE EXCEPTION WAS TO BE DEFINED MORE PRECISELY BY THE COMMISSION IN AN IMPLEMENTING REGULATION DRAWING UP A LIST OF SUCH QUALITY WINES PSR . CONSEQUENTLY , IT IS NECESSARY TO REJECT AS WITHOUT FOUNDATION THE INTERPRETATION PUT FORWARD BY THE GERMAN GOVERNMENT ACCORDING TO WHICH THAT PROVISION AUTHORIZES NOT ONLY THE TEMPORARY CONTINUED USE OF VINE VARIETIES OTHER THAN THOSE LISTED BUT ALSO THE CONTINUED USE OF TRADITIONAL