CELEX: 31976R1162
Language: en
Date: 1976-05-17 00:00:00
Title: Council Regulation (EEC) No 1162/76 of 17 May 1976 on measures designed to adjust wine-growing potential to market requirements

No L 135/32                         Official Journal of the European Communities                          24. 5 . 76
                                    COUNCIL REGULATION ( EEC) No 1162/76
                                                    of 17 May 1976
                on measures designed to adjust wine-growing potential to market requirements
THE COUNCIL OF THE EUROPEAN                                    constitute the largest proportion of all wine pro­
COMMUNITIES ,                                                  duction over a given period, as also, owing to their
                                                               small number, in the case of new plantings carried
Having regard to the Treaty establishing the Euro­             out under development plans which meet the condi­
pean Economic Community, and in particular                     tions laid down in Council Directive 72/ 159/ EEC of
Article 43 thereof,                                            17 April 1972 on the modernization of farms (5)
                                                               and of those carried out in Member States which
Having regard to Council Regulation ( EEC) No 816/             produce annually less than 5 000 hi of wine ;
70 of 28 April 1970 laying down additional provisions
for the common organization of the market in                   Whereas replanting should be subject to criteria
wine (*), as last amended by Regulation ( EEC)                 designed to improve the quality of wine production ;
No 1160/76 (2), and in particular Article 17 (5)               whereas it should therefore be stipulated that
thereof,                                                       replanting shall be carried out with recommended
                                                               varieties and, if market demand or the classification
Having regard to the proposal from the Commission,             of the variety in question so warrant, with certain
                                                               authorized varieties ;
Having regard to the opinion of the European
Parliament (8),                                                Whereas some vine growers have acquired the right
                                                               under various national laws to plant or replant ;
Having regard to the opinion of the Economic and               whereas the re-establishment of the balance of the
Social Committee (4),                                          market could be jeopardized if this right were
                                                               exercized during the period when new plantings are
Whereas there is a considerable imbalance in the
                                                               prohibited ; whereas undeniable public interest
table wine market at present ; whereas the smooth              therefore requires suspension of the exercise of
functioning of the common organization of this                 such a right during this period, accompanied by
market could be jeopardized as a result ;                      extension of its validity by an equivalent period ;
Whereas , furthermore, the report referred to in               Whereas in order to adjust wine-growing potential
Article 17 (4) of Regulation ( EEC) No 816/70 shows            to market requirements for as long as possible,
that there will, on average, be a tendency in the              appropriate measures should be taken by 1 October
next few years for production to exceed forseeable             1978, taking into account the suitability for wine
needs ; whereas appropriate measures should there­             production of the various regions of the Community
fore be taken as regards new planting and replanting           and the existence in these regions of viable alter­
of vineyards in order to prevent the formation of              natives in terms of agricultural crops,
structural surpluses ; whereas this situation calls
for new guidelines aimed at putting a brake on
production and re-establishing the balance of the
market in both the short and the long term ;
                                                               HAS ADOPTED THIS REGULATION :
Whereas in order to prevent an increase in the pro­
duction of table wines new plantings of wine grape
vine varieties should be prohibited, at least for a
certain period ;                                                                       Article 1
Whereas an exemption from this prohibition is
justified in the case of new plantings intended for the         For the purposes of this Regulation :
production of quality wines psr in those Member
 States where the production of such wines does not             (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 ;
 (*) OJ No L 99, 5. 5. 1970, p. 1 .
 (*) See page 1 of this Official Journal.
 (3) OJ No C 53 , 8. 3. 1976, p. 24.
 (4) OJ No C 50, 4. 3. 1976, p. 19.                             (5) OJ No L 96, 23. 4. 1972, p. 1 .
 ---pagebreak--- 24. 5 . 76                        Official Journal of the European Communities                          No L 135/33
(b) ' new planting ' means a planting of vines which                                    Article 4
     does not correspond to the definition of replant­
     ing given in (a).                                        The period of validity of a right to plant or replant
                                                              existing under national laws on the date this Regu­
                                                              lation enters into force, shall be extended by a period
                        Article 2
                                                              equivalent to that referred to in the first subpara­
                                                              graph of Article 2 ( 1 ). During this period exercise of
                                                              the right in question shall be suspended.
1 . All new planting of vine varieties classified as
wine grape varieties for the administrative unit
concerned shall be prohibited during the period
                                                                                        Article 5
from 1 December 1976 to 30 November 1978 .
As from the date on which this Regulation enters              1 . The Council, acting in accordance with the
into force, Member States shall no longer grant               procedure laid down in Article 43 (2) of the Treaty,
authorizations for new planting.                              shall adopt, by 1 October 1978 , the measures
                                                              necessary to ensure that wine-growing potential is
                                                              adapted to market requirements , taking into ac­
2. However, the following shall be exempt from                count :
the prohibition referred to in paragraph 1 :
                                                              — the suitability for wine production of the various
( a) new planting intended for the production of                  regions of the Community, and
     quality wines psr in Member States whose
     production of quality wines psr was less than            — the existence in each of these regions of viable
     50 % of the total wine production during                     alternatives in terms of agricultural crops .
     the 1972/73 , 1973 /74 and 1974/75 wine-growing
     years ;                                                  2. The Council, acting in accordance with the
( b) new planting carried out under development               procedure laid down in Article 43 (2) of the Treaty,
     plans which meet the conditions laid down in             shall decide, by 1 December 1978 , to extend, if
     Council Directive 72/ 159/ EEC ;                         necessary, the prohibition referred to in Article 2 ( 1 ).
(c) new planting carried out in Member States                 3.   Member States shall forward to the Commission
     which produce less than 5 000 hi of wine annually        all data relating to the exemptions referred to in
     using grapes harvested on their territory .              Article 2 (2).
                                                              4. The detailed rules for implementing this Regu­
                        Article 3                             lation shall be adopted in accordance with the pro­
                                                              cedure laid down in Article 7 of Regulation No 24 (1).
As from 1 September 1976, all replanting shall be
carried out with varieties classified for the adminis­
trative unit concerned :                                                                Article 6
(a) in ^ the category of recommended varieties, or
                                                              This Regulation shall enter into force on the third
( b) in the category of authorized varieties entered on       day following its publicati<?n in the Official Journal
     a list to be drawn up .                                  of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Membeir
               States .
               Done at Brussels , 17 May 1976.                        ,   ,
                                                                                    For the Council
                                                                            '         The President
                                           :                                          J. HAMILIUS
                                                              C) O T No 30 , 20. 4. 1962,;n,;?89/62.