CELEX: 31973R0985
Language: en
Date: 1973-04-09 00:00:00
Title: Regulation (EEC) No 985/73 of the Council of 9 April 1973 amending Regulation (EEC) No 1388/70 on general rules for the classification of vine varieties

13 . 4. 73                            Official Journal of the European Communities                             No L 99/ 1
                                                              I
                                           (Acts whose publication is obligatory)
                               REGULATION (EEC) No 985/73 OF THE COUNCIL
                                                      of 9 April 1973
                amending Regulation (EEC) No 1388/70 on general rules for the classification of
                                                       vine varieties
THE COUNCIL OF THE EUROPEAN                                      varieties should be added to the classification only if
COMMUNITIES,                                                     their cultivation suitability is demonstrated in an
                                                                 appropriate manner ;
Having regard to the Treaty establishing the European
                                                                 Whereas it is necessary to specify the conditions
Economic Community ;
                                                                 under which a variety listed in the category of author­
                                                                 ized vine varieties can be upgraded to the category of
Having regard to Council Regulation (EEC) No                     recommended vine varieties as well as the conditions
8 1 6/70 ( J) of 28 April 1970 laying down additional            under which a variety can be downgraded to a lower
provisions for the common organization of the market             category ;
in wine, as last amended by Regulation (EEC) No
2680/72 (2), and in particular Article 16 ( 1 ) thereof ;        Whereas no examination of cultivation suitability is
                                                                 necessary in the case of a vine variety classified as an
Having regard to the proposal from the Commission ;              authorized vine variety being upgraded to the category
                                                                 of recommended vine varieties in the same administra­
                                                                 tive unit, since the cultivation suitability is already
Whereas experience has shown that it is not advisable            known from experience and from information
that the only amendment possible to the classification           obtained by the Member State in question ;
of vine varieties should be the addition of a vine
variety to the category of recommended vine varieties ;          Whereas Council Regulation (EEC) No 1388/70 (3) of
whereas provision should be made for vine varieties to           13 July 1970 on general rules for the classification of
be added also to the categories of authorized vine               vine varieties, amended by Regulation (EEC) No
varieties and provisionally authorized vine varieties ;          608/71 (4), should be amended in the light of the
whereas it has also proved necessary to provide for the          abovementioned considerations :
possibility of downgrading vine varieties whose cultiva­
tion is not entirely satisfactory ; whereas the admission
of vine varieties which were not listed in the classifica­
tion on 31 December 1973 on the category of author­              HAS ADOPTED THIS REGULATION :
ized vine varieties should be granted only on a provi­
sional basis after examination of their cultivation suita­
                                                                                           Article 1
bility and during an observation period of five years ;
whereas the fate of the variety in question should be
finally decided at the end of that period ;                      In the second indent of Article 6 ( 1 ) (a) of Regulation
                                                                 (EEC) No 1388/70, the words 'in accordance with
                                                                 Article 10 (2)' are replaced by the words 'in accor­
Whereas the addition of varieties which, when this               dance with Article 10 (a)'.
Regulation enters into force, are cultivated in the
Community but are not listed in the classification for
all the administrative units where their cultivation                                       Article 2
should be recommended or authorized should be
allowed until 31 December 1973 without examination               Articles 10 and 10 (a) of Regulation (EEC) No *
made of their cultivation suitability ; whereas these            1388/70 are replaced by the following :
(!) OJ No L 99, 5. 5. 1970, p. 1 .                               (3) OJ No L 155, 16. 7. 1970, p. 5.
(2 ) OJ No L 289 , 27 . 12. 1972, p. 1 .                          4 OJ No L 71 , 25 . 3 . 1971 , p. 1 .
 ---pagebreak--- No L 99/2                            Official Journal of the European Communities                                  13 . 4. 73
'Article 10                                                              at least five years in the category of authorized
                                                                         vine varieties for the administrative unit or
 1.    Vine varieties not listed in the classification for               part thereof for which the addition is
an administrative unit or part thereof or, where appro­                  requested or, where appropriate, for the
priate, for the Community as a whole may be added :                      Community as a whole ;
(a) to the categories of recommended or authorized
      vine varieties :                                         (b) by downgrading to a lower category if :
      — as regards wine grape varieties and table grape              — experience has shown that the requirements
          varieties, only on condition that the variety                  for the category in which the vine variety in
          has been included for at least five years in the               question is listed are not fulfilled,
          classification for an administrative unit or part           or
          thereof immediately bordering on the adminis­
          trative unit or part thereof for which the inclu­          — the quality of the product which it yields
          sion in the classification is under considera­
                                                                         renders it necessary,
          tion ;
                                                                      or
      — as regards root stock varieties, only on condi­
          tion that the cultivation suitability of the               — the area under the vine variety in question is
          variety has been examined and that it has                      very small and continuing to diminish.
          been found to be satisfactory ;
                                                                3 . A vine variety shall be eliminated from the classi­
(b) to the category of authorized vine varieties only on        fication if its cultivation suitability is judged unsatisfac­
      a provisional basis if the cultivation suitability of     tory.
      the variety in question has been examined and
      found to be satisfactory, but no final assessment         4. In the case referred to in paragraph 1 (b), the clas­
      of the classification of the vine variety in question     sification shall indicate the provisional nature of the
      can yet be made on the basis of the results of the        inclusion . Between five and seven years after the provi­
      examination ;                                             sional inclusion of the variety in the category of
                                                                authorized vine varieties, it shall be decided on the
(c) exceptionally, to the category of recommended or            basis of experience and taking account of the tests on
      authorized vine varieties until not later than 31         cultivation suitability carried out pursuant to Article
      December 1973 :                                           10 (a), whether the variety in question
                                                                — should remain permanently in the category of
      — if the variety has been cultivated for at least 1 0          authorized vine varieties,
          years in the administrative unit or part thereof
          in question, or where appropriate in the              — should be inserted in the category of recom­
          Community as a whole ;                                     mended vine varieties,
      and                                                       — should be inserted in the category of provisionally
                                                                     authorized vine varieties
      — where the cultivation suitability has not been
          examined in accordance with Community                 or
          provisions, it has been demonstrated in an
                                                                — should be eliminated from the classification .
          appropriate manner.
                                                                If after seven years no decision has been taken, the
 2. The category of a vine variety for the same admi­
                                                                variety in question shall be considered to have been
 nistrative unit or the part thereof or, where appro­           eliminated from the classification .
 priate, for the Community as a whole may be altered
only :
(a) by upgrading to the category of recommended vine            5. An examination as to cultivation suitability shall
     varieties as regards :                                     not be necessary for the addition of an authorized vine
                                                                variety to the category of recommended vine varieties
      — vine varieties appearing, on 31 December                for the same administrative unit or part thereof or,
          1973, in the category of authorized vine varie­       where appropriate, for the Community as a whole,
          ties for the administrative unit or part thereof      provided that the cultivation suitability can be
          for which the addition is requested or, where         demonstrated in an appropriate manner.
          appropriate, for the Community as a whole ;
                                                                6. As a result of the downgrading of a variety to the
      — a variety added to the classification after 31          category of provisionally authorized vine varieties, the
          December 1973 and which has been listed for           variety in question may, from the date on which the
 ---pagebreak--- 13 . 4. 73                          Official Journal of the European Communities                            No L 99 /3
downgrading takes effect, no longer be planted,                for at least one administrative unit or part thereof, its
grafted or double-grafted.                                     overall quality characteristics constitute a distinct
                                                               improvement with regard to cultivation or to use of
7. Detailed rules for the application of this Article,         the grapes or propagation material obtained from it.
in particular the decisions referred to in the first
subparagraph of paragraph 4, shall be adopted in               2. After consultation with the Management
accordance with the procedure laid down in Article 7           Committee for Wine, the Commission may ask the
of Regulation No 24 on the progressive establishment           Member State concerned to carry out a further exami­
of a common organization of the market in wine ( !),           nation on the cultivation suitability of the vine variety
as last amended by Regulation (EEC) No 2504/71 (2).            in question .
                                                               3 . The determination of the cultivation suitability
Article 10 (a)                                                 referred to in paragraph 1 shall be effected in accor­
1 . Subject to Article 10 ( 1 ) (c), the cultivation suita­    dance with the procedure provided for in Article 7 of
bility of a vine variety shall be determined on the            Regulation No 24. Detailed rules for the application
basis of the information obtained by the Member                of this Article, and in particular measures for testing
State concerned from the examination of cultivation            cultivation suitability, shall be adopted in accordance
trials carried out in the administrative units or parts        with the same procedure.'
thereof concerned in adjacent administrative units or,
as the case may be, on a Community-wide basis.                                          Article 3
The cultivation suitability of a vine variety may not be       This Regulation shall enter into force on the third day
recognized as being satisfactory unless, in comparison         following its publication in the Official Journal of
with the other vine varieties listed in the classification      the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Luxembourg, 9 April 1973 .
                                                                            For the Council
                                                                             The President
                                                                              A. LAVENS
(») OJ No 30, 20. 4. 1962, p. 989/62.
(2) OJ No L 261 26. 11 . 1971 , p. 1 .