CELEX: 51973PC0223
Language: en
Date: 1973-02-16
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL making a second amendment to Regulation (EEC) n° 1388/70 on general rules for the classification of vine varieties (Submitted by the Council to the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 223
Vol. 1973/0036
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(73) 223 final
                                               Brussels , 16 February 1973
                                Proposal for a
                        REGULATION ( EEC ) OF THE COUNCIL
         making a second amendment to Regulation (EEC ) n° 1388/70
         on general rules for the classification of vine varieties
                ( Submitted by the Council to the Commission)
   COM(73 ) 223 final
 ---pagebreak---                                     PROPOSAL FOR A
                          REGULATION ( EEC ) OF THE COUNCIL
            making a second amendment to Regulation (EEC ) n° 1388/70
            on general rules for the classification of vine varieties
   /
SHE COUNCIL OF TI-IE EUROPEAN COMMUNITIES ,.
Having regard to the Treaty establishing the European Economic Community
Having regard to Council Regulation ( EEC ) n° 816/70 ( 1 ) of 28 April 1970
laying down additional provisions for the common organization of the
market in wine , as last amended by Piegulation (ESC ) n° 2680/72 ( 2), and
in particular Article 16(1 ) thereof ;
Having regard to the proposal from the Commission ;               i
'.Vhereas experience has shown that it is not advisable, that the only amend
ment possible to ' the classification of Vine varieties . should be the
addition of a vine variety to the category of recommended vine varieties
whereas provision should be ma.de for vine varieties to be added a.lso to
the categories of authorized vine varieties and provisionally authorized
vine varieties ; whereas it has also proved necessary to be able to down­
grade vine varieties whose cultivation is not entirely satisfactory ;
whereas the admission of vine varieties which were not listed in the
classification on 31 December 1972 on the category of authorized vine
varieties should be granted only on a provisional basis after examination
of their cultivation suitability and during an observation period of five
years ; whereas the fate of the variety in question should be finally de­
cided at the end of that period ;
                                                                    • a •/ « • •
 ( 1 ) OJ n° L 99 , 5 May ^ 970 , p. 1
 ( 2 ) OJ n° L 289 , 27 December 1972 , p. 1
 ---pagebreak---                                      - 2 -
Whereas the addition of varieties which , when this Regulation enters inl
                                                                             I
force , are cultivated in the Community but are not listed in the classi.
                                                                              I
fication for all the administrative units where their cultivation shoult
be authorized should be allowed until 30 June 1973 without examination
made of their cultivation suitability ; whereas these varieties should
be added to the classification only if their cultivation suitability
is demonstrated in an appropriate manner ;
V/hereas it is necessary to specify the conditions under which a Variety
listed in the category of authorized vine varieties can be up-graded to .
                                                                                I
the category of recommended vine varieties as well as the conditioner un<
which a variety can be down-graded to a lower category - ;
V/hereas no examination of cultivation suitability is necessary in the
case of a vine variety classified as an authorized vine variety being
up-graded to the category of recommended vine varieties in the same
administrative unit , since the cultivation suitability is already known
                                                                                  I
from experience and from information obtained by the Member State in
question ;                                                 .
Whereas , in the light of the amendments aforesaid , Articles 10 and 10a
of Council Regulation ( SEC ) K° 1338/70 (3 ) of 13 July 1970 on general
rules for the classification of vine varieties , as last amended by
Regulation ( ESC ) N° 608/71 (*0 , should be redrafted ; .
HAS ADOPTED THIS REGULATION
                                                                • • •/ • è «
 (3 ) 0J n° L 155 , 16 July 1970 , p. 5
 ( k) 0J n° L 71 . 23 March 1971 , p. 1
 ---pagebreak---                                    - 3 -
                                 Article 1
         In the second indent of Article 6 ( 1 ) ( a ) of Regulation ( 312C )
n" 1388/70 , the words "in accordance with Article 1C ( 2 )" are replaced
by the words " in accordance with Article 10a".
                                 Article 2                   -  '
         Articles 10 and 10a of Regulation (ESC ) n° 1388/70 are replaced
by the following :
"Article 10
1«       Vine varieties not listed in the classification for an administrative
unit or part thereof or , where appropriate , for the Community as a whole
may be added :
a ) to the categories of recommended or authorized vine varieties
    - as regards wine grape varieties and table grape varieties , only on
      condition that the variety has been included for at least five years
      in the classification for an administrative unit or part thereof
      immediately bordering on the administrative unit or part thereof for
      which the inclusion in the classification is under consideration ;
    - as regards root stock varieties , only on condition that the culti­
      vation suitability of the variety has been examined and found to be
      satisfactory ; .
b ) to the category of authorized vine varieties only on. a provisional
    basis if the cultivation suitability of the variety in question has
    been examined and found to be satisfactory , but no final assesment of
    the classification of the vine variety in question can yet be made on
    the basis of the results of the examination ;
c ) exceptionally , to the category of Authorized vine varieties until not
    later than 30 June 1973 if :
    - the variety has been cultivated for at least 10 years in the adminis­
      trative unit or part thereof in question , or where appropriate in the
      Community as a whole ;
  , and
    - where the cultivation suitability has not been examined in accordance
      with Community provisions , it has "been demonstrated in an appropriate
      manner .                                                          '
                                                                    • • •/ • 0 •
 ---pagebreak---                                   - 4 -
2.        xhc category of a vine variety already listed in the classifi­
cation of vine varieties for the same administrative unit or the part
thereof or , where appropriate , for the Community as a whole , may be
altered only :
a ) by up-grading to the category of recommended vine varieties as regai
    - vine varieties appearing on 31 December 1972 in the category of an
       rized vine varieties for the administrative unit or part thereof t
       which the addition is requested or , where appropriate , for the Corn
       nity as a whole ;
    - a variety added to the classification after 31 December 1972 and
       which has been listed for at least five years in the category of
       authorized vine varieties for the administrative unit or part ther
       for which the addition is requested or , where appropriate , for the
       Community as a whole ;
b ) by down-grading to a lower category if ;
    - experience' has shown that the requirements for the category in whi
       the vine variety in question is listed are not fulfilled ;
    or
    - the quality of the product which it yields renders it necessary ;
    or                     '                                    ■
    - the area under the vine variety in question is very small and conti
       nuing to diminish .
3«        A vine variety shall be eliminated from the classification if
its cultivation suitability is judged unsatisfactory .
k,        In the case referred to in paragraph 1 ( b ), the classification
shall indicate the provisional nature of the inclusion . Between five
and seven years after the provisional inclusion of the variety in the
category of authorized vine varieties , it shall be decided on the basis j
of experience and taking account of the tests on cultivation suitability
                                              *               '   ■ '              ?
whether the variety in question ;                                                  j
- should remain permanently in the category of authorized vine varieties
«■ should be inserted in the category of recommended vine varieties ;
- should be inserted in the category of provisionally authorized vine
   varieties :
or
- should be eliminated from the classification .
             after seven years no decision has been taken , the variety in
question shall be considered to have been eliminated from the classifies
                                                                      • * •/ 9 • • Î I
                                                                                     I
 ---pagebreak---                                       - 5 -    .
5.         An examination as to cultivation suitability shall not be necessary
for the addition, of an.- authorized vine variety to the category of recommen­
ded vine varieties for    the same administrative unit or part thereof or ,
where appropriate , for   the Community as a whole , provided that t.he culti­
vation suitability can    be demonstrated in an appropriate manner .
6.         As a result of the down-grading of a variety to the category of
provisionally authorized vine varieties , the variety in question may ,
from the date on which the down-grading takes effect , no longer be planted
or grafted .
7.         Detailed rules for tlie application of this Article,' in particular
the decisions referred to in the first subparagraph of paragraph                shall
be adopted in accordance with the procedure laid down in Article 7 of
Regulation n° 2k progressive establishment of & common organization of the
n-.*:rket in wine . ( 1 )
Article 10a
1»         Subject to Article 10 ( 1 ) ( c ), the cultivation suitability of a
vine variety shall be determined on the basis of the information obtained
by the Heaber State concerned from the examination of cultivation trials
carried out in the administrative units or parts thereof concerned in
adjacent administrative units or , as the case may be , on a Community-
wide basis .
           The cultivation suitability of a vine variety may not be recognized
as being satisfactory unless , in comparison with the other vine varieties
listed in the classification for at least one administrative unit or part
thereof , its overall quality characteristics constitute a distinct improve- \
ment with regard to cultivation or to use of the grapes or propagation
material obtained from it .
2.         After consultation with the Management Committee for 'vine the
Commission may ask the Kember State concerned to carry out a further
examination on the cultivation suitability of the vine variety in question .
3•         The determination of the cultivation suitability referred to in
paragraph 1 shall be effected in accordance with the procedure provided
for in Article 7 of Regulation n° 2k . Detailed rules for the application
of this Article , and in particular measures for testing cultivation suita­
bility . shall be adopted in accordance with the same procedure ".
                                                                     « » •/ • • •
( 1 ) CJ n° IC , 2C ^pril 1S52 . p . 989/62 .
 ---pagebreak---                                   Article 3
        This Regulation shall enter into force on the third day following
its publication in the Official Journal of the Suropean Communities .     j
                                                                          I
                                                                           i
        This Regulation shall be binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                                 For the Council
                                                    The President