WHEREAS , WHEN THE AREAS USED IN A MEMBER STATE FOR THE PRODUCTION OF VEGETATIVE PROPAGATION MATERIAL FOR VINES AND THE QUANTITIES OF SUCH MATERIALS PRODUCED ARE NOT SIGNIFICANT ENOUGH TO AFFECT THE AIMS REFERRED TO IN THIS REGULATION , PRODUCERS WITHIN THAT STATE SHOULD BE EXEMPT FROM MAKING ANY DECLARATION ;
WHEREAS , IN THE INTERESTS OF SIMPLICITY , THE DECLARATIONS ALREADY AVAILABLE TO MEMBER STATES THROUGH THEIR OWN LEGISLATION SHOULD BE USED FOR UPDATING THE VITICULTURAL LAND REGISTER AND FOR CONTROLLING THE PRODUCTION OF VEGETATIVE PROPAGATION MATERIALS FOR VINES ;
WHEREAS THE DECLARATIONS SHOULD BE MADE ACCORDING TO THE VARIOUS CATEGORIES OF STOCK SET OUT IN THE COUNCIL DIRECTIVE ( 5 ) OF 9 APRIL 1968 ON THE MARKETING OF MATERIAL FOR THE VEGETATIVE PROPAGATION OF THE VINE ;
WHEREAS , IN ORDER TO CONTROL CUTTING NURSERY PRODUCTION , ANNUAL DECLARATIONS ARE NEEDED ON THE NUMBER OF NURSERY CUTTINGS AND GRAFTED CUTTINGS PLANTED ;
WHEREAS THE AREAS USED EXCLUSIVELY FOR THE PLANTER'S OWN NEEDS PROVIDE ONLY AN INSIGNIFICANT PROPORTION OF VEGETATIVE PROPAGATION MATERIAL FOR VINES AND WHEREAS AN ESTIMATED INVENTORY OF THESE IS THEREFORE SUFFICIENT ;
WHEREAS AN ESTIMATE OF THE PERCENTAGE OF SUCCESSFUL NURSERY CUTTINGS AND GRAFTED CUTTINGS IS USEFUL FOR FOLLOWING THE MARKET IN VEGETATIVE PROPAGATION MATERIAL FOR VINES ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR WINE ;
HAS ADOPTED THIS REGULATION :
ARTICLE 1
1 . ANY NATURAL OR LEGAL PERSON WHO , FOR COMMERCIAL PURPOSES :
_ PLANTED OR CAUSED TO BE PLANTED , GRUBBED OR CAUSED TO BE GRUBBED , A ROOT STOCK NURSERY BETWEEN 1 JUNE OF THE PRECEDING YEAR AND 31 MAY OF THE CURRENT YEAR ;
_ CULTIVATES OR CAUSES TO BE CULTIVATED , ON 1 JUNE OF THE CURRENT YEAR , A CUTTING NURSERY ;
_ INTENDS , DURING THE CURRENT YEAR , TO USE FRUIT-BEARING VINEYARDS FROM WHICH TO OBTAIN VEGETATIVE PROPAGATION MATERIALS FOR VINES ;
SHALL NOTIFY THE COMPETENT AUTHORITIES THEREOF BEFORE 15 JUNE OF THE CURRENT YEAR BY MEANS OF A WRITTEN DECLARATION .
2 . THE CULTIVATION OF A NURSERY BY ANY DE FACTO OR DE JURE ASSOCIATION , IN ORDER TO COVER THE PERSONAL NEEDS OF THE WINE-GROWERS AND NURSERYMEN WHO BELONG TO THAT ASSOCIATION , SHALL BE CONSIDERED A COMMERCIAL OPERATION WITHIN THE MEANING OF PARAGRAPH 1 .
3 . THE PRODUCTION OF VINE-PLANTS IN SOIL BLOCKS , POTS OR OTHER CONTAINERS SHALL ALSO BE CONSIDERED AS THE CULTIVATION OF A NURSERY .
4 . IN MEMBER STATES ON WHOSE TERRITORY :
_ THE TOTAL AREA COVERED BY ROOT STOCK NURSERIES IS LESS THAN 50 HECTARES ; OR
_ THE TOTAL NUMBER OF ROOTED YOUNG PLANTS , GRAFTED CUTTINGS OR NURSERY CUTTINGS PLANTED IN NURSERIES IS LESS THAN 25 000 ; OR
_ THE TOTAL AREA COVERED BY OPEN-AIR FRUIT-GROWING VINEYARDS IS LESS THAN 5 HECTARES ;
ANY NATURAL OR LEGAL PERSON WHO CULTIVATES OR CAUSES TO BE CULTIVATED ROOT