CELEX: 51978PC0584
Language: en
Date: 1978-11-06
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING FOR THE SECOND TIME REGULATION (EEC) N° 1162/76 ON MEASURES DESIGNED TO ADJUST WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS#PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN MEASURES TO ADJUST WINE-GROWING POTENTIAL TO MARKET REQUIREMENTS IN CERTAIN COMMUNITY REGIONS AND AMENDING REGULATION (EEC) N° 1163/76 (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 584
Vol. 1978/0224
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(78)584     final
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                      ^PROPOSAL for a
                                                                  , ,
                                              COUNCIL REGULATION (EEC ).
               AMENDING FOR THE SECOND TIME REGULATION (EEC ) N° 11 62/76        ■
               ON MEASURES DESIGNED TO ADJUST WINE-GROWING POTENTIAL TO
                                             MARKET REQUIREMENTS
                         PROPOSAL FOR A COUNCIL REGULATION (EEC )
               LAYING DOWN MEASURES TO ADJUST WINE-GROWING POTENTIAL TO
                                                                   «
               MARKET REQUIREMENTS IN CERTAIN COMMUNITY REGIONS AND            .
                               AMENDING REGULATION (EEC ) N° 1163/76
                    ( Submitted "by the Commission to the Council )
 COM ( 78 ). 584 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM -
At its 516th meeting held from 8 to 12 May , 1978 the Council invited the
Commission to reconsider the problems of the wine market and to submit to
it supplementary proposals on the structural measures before 1 August 1978 .
The Commission proposed to the Council an action programme covering several
years ( 1979-1985 ). This programme covers all possible areas of action and
the concomitant and energetic implementation of all the measures should
allow the progressive establishment of equilibrium in the wine market .
With this in mind the programme was supplemented by six draft regulations ■\
and one; proposal for a directive which if adopted by the Council would
effectively contribute to the abovementioned objectives / These proposals
are currently being studied by the Council .
Since a certain, period of time is required to examine the proposals , an
extension :             i
    of the date provided for by Article 5(1 ) of Regulation ( EEC ) No 1162/
    76 in respect of the decision on measures concerning the wine-growing
    potential , and *
    of the date provided for by Article 2(1 ) of the same Regulation in
    respect of the prohibition on new vine plantings .
For this reason the Commission proposes to change the date of the deoision
on the measures concerning the wine-growing potential and to extend the
prohibition of new plant ing'until measures concerning the wine-growing
potential are adopted .
                             /
Moreover it is,. possible that the discussions may favour the rapid and
separate adoption of the proposal for a Council Directive ( EEC ) No
on the programme to speed up the conversion of some wine-growing areas in
the Charentes region, in view of the urgent nature of the problem . It had
been planned that this measure should be applied as one of a set , but in the
absence of such a framework, the measure will have to be supplemented by
additional provisions to ensure that the stated objectives are achieved, in
particular :
 ---pagebreak---                                     - 2 -
- the prohibition , in the region in question , of new plantings of varieties
                                                       4
  intended for the production of 'Cognac " wine spirits for the full duration
  of the measure ;
- an amendment of Regulation ( EEC ) No 1163 / 76 designed to ensure that
  producers do not receive two premiums for the same grubbing operation .
The adoption of such measures will have no repercussions on the Budget of
the European Communities .
 ---pagebreak---                                  Proposal for a
                     COUNCIL REGULATION ( EEC )
         amending for the second time Regulation ( EEC ) No 1162/ 76
         on measures designed to adjust wine-growing potential to
         market requirements
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,           ,  .
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to Council Regulation ( EEC ) No 816/ 70 of 28 April 1970
laying down additional provisions for the common organization of the market
in wine ^, as last amended by Regulation ( EEC ) No 1861 / 78 ^, and in
particular Article 17(5 ) thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ^ ,
                                   ...  .                        ...  (4)
Having regard to the opinion of the Economic and Social' Committee        ,
Whereas Article 5(1 ) of Council Regulation ( EEC ) No 1162 / 76 of 17 May 1976
on measures designed to adjust wine-growing potential to market require­
ments ^, as last amended by Regulation ( EEC ) No 3140/ 76 ^, provided that
the Council should adopt , before 1 October 1973 , the measures required to
ensure adjustment of wine-growing potential to market requirements ;
whereas, since the Council has been unable to adopt the said measures by that
date , a later date should be fixed ;
 (1)  J0 No L 99 ,   5.5.1970 , p. 1
 ( 2) J0 No L 215 ,  4.8.1978 , p. 1
 (3)
 ( 4)
 ( 5) 0J No L 135 , 24.5.1976 , p. 32
 ( 6) 0J No L 354 , 24.12 . 1976,p . 4
 ---pagebreak--- Whereas it is also advisable , in the absence of appropriate measures to
ensure the equilibrium of the wine market and control of wine-growing
potential , to extend the prohibition on new plantings referred to in
Article 2(1 ) of the said Regulation ;
HAS ADOPTED THIS REGULATION :                                 .      ,
                                Article 1
Article 2(1 ) of Regulation ( EEC ) No 1162/ 76 is amended to read as follows :
"1.  All new plantings of vine varieties classified as wine grape varieties
      for the administrative unit concerned shall be prohibited from
      1 December 1976 until the entry into application of the . measures
      referred to in Article 5(1 ).   From the date of entry into force of
     this Regulation , the Member States shall grant no further authori­
      zations for new plantings ."
                                Article 2
(a)   In the first subparagraph of Article 5(1 ) the date    1 October 1978"
      is amended to read "1 June 1979 ".
(b)   Paragraph 2 of Article 5 is deleted .
                                Article 3
This Regulation shall enter into force on 1 December 1978.
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at- Brussels ,                       For the Council
                                          The President
 ---pagebreak--- Proposal for a Council Regulation ( EEC )
laying down    supplementary measures to adjust wine-growing potential
                                          \
to market    requirements in certain Community regions and amending
Regulation ( EEC ) N° 1163 / 76 .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
                                                                1
Whereas the Council    has adopted       Directive ,              ; whereas this
Directive had been proposed at the time and in the context of an overall
programme for the progressive establishment of equilibrium on the wine
market ; whereas it has not been possible to adopt the other measures
which were proposed as part of the said programme         and which were necessary
for the effective application of the said Directive ; whereas , consequently ,
certain measures    must be adopted so that the objectives of the Directive
can be achieved ;                      "    ,
Whereas the Charente measure is        designed to reduce- the wine-growing area
in the region of production specified for wine spirits carrying the registered
  designation   of origin     " Cognac " ; whereas , consequently ,  this area , must
not be increased by new plantings ;
1
 ---pagebreak---                                      - 2 -
Whereas the replanting   should be made subject to criteria whereby an
improvement   in the quality of production can be ensured ; whereas , con­
sequently , it should  be provided that replantirigs must be of recommended
varieties only ;
Whereas , under French legislation, certain wine-growers have acquired
planting and replanting rights ;     whereas the exercise of these rights
during the period of prohibition of new plantings might jeopardize the
stated objective of restoring         market equilibrium   ; whereas , therefore , i
is clearly in the public interest that the exercise      of these rights be sus­
pended during the said period while at the same time their validity is
extended by an equivalent period ;
Whereas during the marketing year 1978/ 79 the conversion measures could give
entitlement to a premium either putsuant to Regulation ( EEc ) No 1163/ 72^ as las
amended by Regulation ( EEC) No 1155/ 78"^, or pursuant to the " Charente" measure ;
whereas holdings covered by the Directive must therefore be excluded from
qualifying for the premium    provided for by Regulation ( EEC ) N° 1163 / 72 ;
2
  OJ N° L 135 , 24.5.1976 , page 34 .
3
  OJ N° L 144 , 31.5.1978 , page 9 .
 ---pagebreak--- HAS ADOPTED THIS REGULATION :                                                  _ ,  '
                                   ■ Article 1
For the purposes of this Regulation :
a ) " replanting "    means the planting of vines after grubbing-up has been
    carried out within the past four years over an equivalent       area on the
    same   holding ;                                                   -
b ) " new planning " means  a planting of vines which does not correspond to
    the definition of replanting set out in a ).
                                     Article 2
In the communes located in the region       of production specified    for wine
spirits    bearing the registered designation of origin     " Cognac "   and for
the duration of the programme of measures referred to in Article 5 of the
Directive :
- all new planting     of varieties classified in the- category of Varieties
   with special uses shall be prohibited ,
- all replanting must be carried out       with varieties classified     in the
   category of recommended varieties for the administrative       units concerned .
                                     Arti cle 3
Without prejudice to the provisions of Article 4 of Regulation ( EEC ) N°1162 / 76
the period of validity of planting      or replanting rights acquired under
national     laws by the date on which    this Regulation enters into force shall
be extended by a period equivalent to that referred to in Article 2 .
 During this period , exercise of the rights in question shall be suspended .
  OJ No L 135 , 24.5.1976 , p. 32.
 ---pagebreak---                                                                                                                   'as fdUows :-;?:"*;
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           . '"Subject to . the' conditions laid down in' this Regulation " ,' wine-growers irv                                               - 'v
             . the Community shal I , on request , fee granted a premium if . they convert to
       /.. - other uses- vineyards! planted, with wine-grape , table-grape or vine-stock v
   : ;        ; varieties > with "the exception of : those uses specif iedv in -the second
                   indent of Article' . 3 2 > b ) . ■ ;" ': -: ■•. ' •            ' ■ ' .*! ;;' / pP''. P'P, '■ - P-' -•. PP'/- ■■
                  However , wine-growers in the communes situated in the region of production
                  specified for wine spirits bearing the registered designation of origin
       '          " Cognac " shall not qualify for this premium as from the date on which
                  Directive N°                      /€EC takes effect in respect of areas planted
                  with vines of varieties classified in the cathegory of varieties with
                  special uses . "
         -                                '                         Article 5
                 This Regulation shall enter into force on the third day following its
                  publication in the Official Journal of the European Communities ..
                  This Regulation    shall be binding                  in its entirety and directly applicable
                   in all Member States .
                   Done at Brussels ,                                                                      For the Council
                                                                                                                   The President