CELEX: 31970R1388
Language: en
Date: 1970-07-13 00:00:00
Title: Regulation (EEC) No 1388/70 of the Council of 13 July 1970 on general rules for the classification of vine varieties

420                                  Official Journal of the European Communities
  16.7.70                              Official Journal of the European Communities                                No L 155 /5
                                  REGULATION (EEC) No 1388/70 OF THE COUNCIL
                                                        of 13 July 1970
                                    on general rules for the classification of vine varieties
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            those indicated in the classification of the vine variety
                                                                      from which they originate, and in particular that
 Having regard to the Treaty establishing the                         grapes of a table variety can be used for
  European Economic Community ;                                       wine-making, should not prevent that vine variety
                                                                      from being classified according to its main use;
  Having regard to Council Regulation No 816/701 of
  28 April 1970 laying down additional provisions for                Whereas identification of the vine varieties cultivated
  the common organisation of the market in wine, as                   in the Community is essential for checking that
  amended by Regulation (EEC) No 1253 /70,2 and in                   Community and national provisions concerning the
  particular Article 16 ( 1 ) thereof;                               cultivation of vine varieties are complied with;
                                                                     whereas for that reason the classification may contain
  Having regard to the proposal from the Commission;                 only those vine varieties of which the propagation
 Whereas Article 16 of Regulation (EEC) No 816/70                    material is accepted in at least one Member State, in
 provides that the Council shall adopt general rules                 accordance with Community provisions, • for
 for the classification of vine varieties approved for               certification or control as standard propagation
 cultivation in the Community; whereas these rules                   material;
 must, in particular, provide a classification of such
 vine varieties, by administrative units or parts                    Whereas, among the wine grape varieties cultivated at
 thereof, into recommended vine varieties, authorised                present in the Community for the production of wine
 vine varieties and provisionally authorised vine                    intended for direct human consumption, the vine
 varieties;                                                          varieties derived from interspecific crossing have not
                                                                     given complete satisfaction ; whereas, therefore, they
Whereas such classification is particularly useful in                should not be classified as being recommended;
 the direction of Community wine-growers towards                    whereas it is not justifiable to exclude a priori from
 high-quality production by guiding their choice of                 classification among the recommended varieties wine
 varieties to plant; whereas the classification of vine             grape varieties which may be obtained from
 varieties according to the quality of wine produced                 interspecific crossing after the entry into force of this
promotes the planting of varieties which give wine                   Regulation and which might be found to be
 recognised to be of good quality, for which market                  satisfactory for cultivation; whereas, however, no
 demand is steady or expanding; whereas in this way                  distinction need be made with regard to stock origins
 a classification of vine varieties helps in the long run           if the varieties of wine grapes are to be classified as
 to prevent structural surpluses on the wine market;                authorised or provisionally authorised;
Whereas in classifying the varieties of vine a                     Whereas, since table grapes may also be used for
distinction should be made between the uses to which                wine making, the classification should be extended to
the grapes obtained from them are put; whereas in                   cover the vine varieties which come within the
classifying administrative units account should be                  common quality standards for table grapes laid down
 taken of any special production conditions ;                       pursuant to Regulation No 238 on the progressive
                                                                    establishment of a common organisation of the
                                                                   market in fruit and vegetables, as last amended by
Whereas, however, the fact that grapes of a vine                    Regulation (EEC) No 2512/694 ; whereas the
variety can also be used for purposes other than
1 OJ No L 99 , 5.5.1970, p . 1 .                                   :1 OJ No 30, 20.4.1962, p. 965/62.
2 OJ No L 143 , 1.7.1970, p . 1 .                                  4 OJ No L 318 , 18.12.1969 , p. 4 .
 ---pagebreak---                                       Official Journal of the European Communities                                    421
suitability of those varieties for their normal use is a                                  Article 3
determining factor in their classification ;
                                                                  1.      Wine grape varieties and table grape varieties
Whereas the inclusion of root stock varieties in the              shall be classified for each of the administrative units
classification is desirable for reasons of control ;              or parts of administrative units covered by the
whereas, in view of their limited number, these                   viticultural land register.
varieties and the grape varieties for special uses may
be classified on a Community-wide basis ;                         2. Grape varieties for special use and root stock
                                                                  varieties shall be classified on a Community-wide
Whereas, as regards the later addition of a vine                • basis .
variety to the classification, the suitability of that
variety for cultivation should be decided on the basis            However, part of all of these varieties may be
of the information obtained by the Member State                   classified, at the request of a Member State, for one
concerned from tests which'include cultivation trials ;           or more administrative units of that Member State .
HAS ADOPTED THIS REGULATION :                                                             Article 4
                         Article 1                                1 . One and the same wine grape variety may be
                                                                  classified differently in different administrative units
The classification of vine varieties shall include all            or parts of administrative units .
vine varieties of the genus Vitus L, including those
derived from interspecific crossings, which - are                 2.      One and the same variety may, exceptionally,
authorised for cultivation in the Community and                   be included in both table grape varieties and wine
intended for the production of grapes or of vegetative            grape varieties .
propagation material for vines .
                                                                  3.      One and the same variety may be classified
                         Article 2                                differently according to whether it is used for the
                                                                  making of :
1 . Vine varieties shall be classified according to the ,         — table wine,-
uses to which the grapes obtained from them are
normally put.                                                     — quality wine p.s.r.,
                                                                  — sparkling wine, quality sparkling wine or quality
2.      For the purposes of this Regulation :                         sparkling wine produced in a specified region,
( a) 'wine grape variety'       means     a vine variety          — grape spirits ,
      normally cultivated for the production of fresh
      grapes for making wine for direct human                     — grape juice .-
      consumption ;
( b) 'table grape variety' means a vine variety which                                     Article 5
      comes within the common quality standards for
      table grapes adopted under Regulation No 23 ,               1 . For each of the administrative units or parts of
      normally cultivated for the production of:                  administrative units or, as appropriate, on a
      — grapes for consumption when fresh;                        Community-wide basis, vine varieties shall be listed
                                                                  under one of the following categories : recommended
      — grapes for the canning industry ;                         vine varieties, authorised vine varieties and
                                                                  provisionally authorised vine varieties .
  (c) 'grape variety for special use' means a vine variety
      normally cultivated for purposes other than those           2.      Vine  varieties  shall     be included   in  the
      referred to under ( a) and (b), such as :                   classification only if their propagation material is
      — the preparation of grape spirits ;                        accepted for certification or control as standard
                                                                  propagation material in at least one Member State, in
      — the preparation of grape juice ;                          accordance with the provisions of the Council
                                                                  Directive of 9 April 1968 1 on the marketing of
 (d) 'root stock variety' means a vine variety                    material for the vegetative propagation of the vine.
      cultivated for the production of vegetative vine
      propagation material and providing that part of
      the plant which is below ground.                            1 OJ No L 93 , 17.4.1968, p . 15 .
 ---pagebreak---  422                                    Official Journal of the European Communities
                            Article 6                                ( c) provisionally     authorised vine       varieties shall
                                                                           include the varieties :
  1.     With regard to wine grape varieties :
                                                                          — yielding grapes which should cease to be put
 (a ) recommended vine varieties shall include varieties                       on the market because of their poor quality;
       which :                                                                 or
       — are already cultivated in the Community and                      — which have serious shortcomings as regards
           which belong to the species Vitis vinifera L,                       their cultivation .
           or
       — are obtained for interspecific crossings the
           cultivation suitability of which is recognised,                                     Article 8
           after the entry into force of this Regulation,
           as being satisfactory in accordance with                 1.      With regard to the grape varieties for special
           Article 10 (2),                                          uses :
       and which normally provide wines recognised to                ( a) recommended vine varieties shall include the
       be of good quality;                                                varieties belonging to the species Vitis vinifera L
                                                                          or derived from interspecific crossings, if those
 (b) authorised vine varieties shall include varieties                    vine varieties are normally well suited to the uses
       which normally provide sound and marketable                        in question ;
       wine of a quality which, while reaching an
       acceptable standard, is lower than that of the               ( b ) authorised     vine   varieties   shall   include   the
       wine referred to under ( a);                                       varieties :
  (c) provisionally      authorised vine      varieties shall             — yielding products the quality of which, while
       include varieties :                                                    being of an acceptable standard, is lower than
                                                                              that of the products obtained from the vine
       — which do not meet the criteria stated under                          varieties referred to under ( a); or
           (a) and ( b ) but which nevertheless are of                    — yielding grapes which are less suitable for the
           some      economic        importance      to  the                   uses, in question than the vine varieties
           administrative unit or part thereof concerned ;                     referred to under ( a );
           or
       — which have shortcomings as regards their                  ( c) provisionally       authorised    vine varieties    shall
           cultivation .                                                  include the varieties :
2. Quality shall be assessed where appropriate, on                        — which do not conform to the criteria stated in
the results of tests on the cultivation suitability of the                     (a) and (b ) but which nevertheless are of
 vine varieties in question, together with the results of                     some      economic        importance       to   the
analytical and organoleptic tests on the wine in                              Community as a whole or to the
question .                                                                     administrative unit or units concerned ; or
                                                                          — which have shortcomings as regards their
                           Article 7                                          cultivation .
With regard to table grape varieties :                             2.       Quality shall be assessed, where appropriate, on
( a ) recommended vine varieties shall include the                 the results of tests on the cultivation suitability of the
      varieties cultivated for the production of table             vine varieties in question, together with the results of
      grapes for which there is considerable market                analytical and organoleptic tests on the finished
      demand ;                                                     products in question.
(b) authorised vine          varieties  shall   include  the
      varieties :                                                                              Article 9
      — providing grapes of a quality which, while of
          an acceptable standard, is lower than that of            With regard to root stock varieties :
          the grapes referred to under ( a); or
                                                                   (a) recommended vine varieties , shall include the
      — which have shortcomings as regards their                          varieties cultivated for the purpose of obtaining
          cultivation ;                                                   vegetative vine propagation material which has
 ---pagebreak---                                           Official Journal of the European Communities                                     423
         been proved by experience to be satisfactory for            5 . Measures for testing cultivation suitability shall
         cultivation ;                                               be adopted, as necessary, in accordance with the
                                                                     procedure provided for in Article 7 of Regulation No
                                                                     24.
  ( b ) provisionally    authorised   vine varieties     shall
         include varieties which have been found to be
         unsatisfactory for cultivation .
                                                                                              Article 11
                           Article 10
                                                                     1 . Planting, even for the purpose of replacing
                                                                     failures, grafting in situ and overgrafting :
 1.       The classification may be altered :                        — of vine varieties not listed in the classification, or
— by the addition of vine varieties to the category of               — of provisionally authorised vine varieties .
        recommended vine varieties,
                                                                     shall be prohibited from 1 September 1971 .
 — by the elimination of vine varieties,
 — by regrading vine varieties.                                     2 . Member States may, however, permit
                                                                     derogations from the provisions of the first indent of
 2.       The classification of vine varieties may be altered        paragraph 1 for the following purposes :
 by the addition of vine varieties to the category of
 recommended vine varieties only if the cultivation                 — testing of the cultivation suitability of a vine
 suitability of the varieties in question is recognised as               variety which is not listed in the classification for
 being satisfactory for an administrative unit or part                   the administrative unit or part thereof concerned
 thereof or, where appropriate, for the Community as                     or for the Community as a whole ;
 a whole .
                                                                    — scientific research ;
 The cultivation suitability of a vine variety shall be
 determined, in accordance with the procedure                       — selection or crossing studies .
 provided for in Article 7 of Regulation No 241 on the
 progressive establishment of a common organisation
 of the market in wine, as last amended by Regulation               3.     If a Member State permits the derogations
 (EEC) No 816/70, on the basis of information                       referred to in paragraph 2, that State shall carry out a
 obtained by the Member State concerned from                        systematic inspection each year of the vines which
 examination of the cultivation trials carried out,                 have been authorised for planting and shall ensure
where appropriate, in the administrative units or                   that any distribution of propagation material is
parts thereof concerned or in neighbouring                          limited to the purposes referred to above. Individual
 administrative units .                                             cultivation contracts shall be concluded between the
                                                                    authorities designated by the Member States and any
                                                                    natural or legal person intending to cultivate a Vine
3 . The cultivation suitability of a vine variety may               variety which is not included in the classification for
not be recognised as being satisfactory unless, in                  the administrative unit or part thereof concerned, or
 comparison with the other vine varieties listed in the             for the Community as a whole.
classification for at least one administrative unit or
part thereof, its overall quality characteristics
constitute a distinct improvement with regard to                    4. Products derived from a vine variety undergoing
cultivation or to use of the grapes or propagation                  cultivation suitability tests, scientific research or the
material obtained from it.                                          selection or crossing studies referred to in paragraph
                                                                    2 shall be considered as products obtained from
                                                                    authorised vine varieties .
4. After consultation with the Management
Committee for Wine the Commission may ask the
Member State concerned to carry out a further
                                                                                             Article 12
examination on the 'cultivation suitability of the vine
variety in question .
                                                                    Member States shall inform the Commission before 1
                                                                    August 1970 of the vine varieties which they
                                                                    recommend for inclusion in the categories referred to
i OJ No 30, 20.4.1962, p. 989/62 .                                  in Article 5 . Information shall be forwarded by
 ---pagebreak--- 424                                Official Journal of the European Communities
category, according to the uses referred to in Article 2                           Article 13
and according to the administrative units or parts
thereof referred to in Article 3 or, in the case referred     This Regulation shall enter into force on the third
to in the first subparagraph of Article 3 (2), for the        day following its publication in the Official Journal
territory of the Member State concerned.                      of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 13 July 1970.
                                                                                  For the Council
                                                                                   The President
                                                                                      J. ERTL