CELEX: 51989PC0199
Language: en
Date: 1989-04-24
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON GENERAL RULES FOR THE CLASSIFICATION OF VINE VARIETIES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     C0MC89) 199 final
                                     Brussels, 24 April 1989
                          Proposal for a
                    COUNCIL REGULATION (EEC)
    on general rules for the classification of vine varieties
                  (presented by the Commission)
 ---pagebreak---                                  «» ^ •»
                         EXPLANATORY MEMORANDUM
1. On 1 April 1987 the Commission Instructed Its departments "to
   produce a formal consolidated version of legislative instruments no
   later than after their tenth amendment" [COM (87) Min 868]. The
   Commission was responding to repeated urglngs from Parliament and
   other quarters that Community law should be made clearer and more
   accessible to the ordinary citizen and recognizing the need for
   consolidation and simplification of Community legislation in the
   various fields It covers.
2. The proposal alms at legislative consolidation; the existing
   regulations would be replaced by one new one, wlch would leave their
   substance untouched but would assemble them Into a single text, with
   only the formal amendments required by the operation itself.
   As In the past the text supplied here is collated from the original
   regulations as published In the Official Journal; the use of
   photocopies means that any Improvements to the wording are
    Immediately identifiable.
3. This proposal, which would provide a consolidated version of Council
   Regulation (EEC) No 347/79 of 5 February 1979 on general rules for
   the classification of vine varieties, forms part of a broader
   programme of consolidation of the wine regulations; although
   Regulation No 347/79 has not been amended only two times, It would
   be useful to adapt the references given In It, which have been
   overtaken by earlier consolidating legislation.
 ---pagebreak---                           -M -B-v* -
             COUNCIL REGULATION   (EEC) No 347/79
                      of 5 February 1979
            on general rules for the classification
                       of vine varieties
              (OJ No L 54 of 5 March 1979, p. 75)
                          amended by
the Act of Accession of Greece (OJ No L 291 of 19.11.79, p. 82)
                             and by
  Regulation (EEC) No 3805/85 (OJ No L 367 of 31.12.85, p.39)
 ---pagebreak---                                                                     J      few-
                                                           Proposal for a
                                                  COUNCIL REGULATION (EEQ
                                              onrgeneral rales for the classification of vine varieties
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     Having regard to the Treaty establishing the European
     Economic Community,
     Having regard to Council Regulation (EEQ No 822/87 t>f
     16 March 1987 on the common organization of the
     market in wine (*), as last amended by Regulation (EEC)
     No 4250/88 ft and in particular Article 13(1) thereof.
     Having regard to the proposal from the Commission,
     Whereas, following a nuaber of successive consoli-
     dations of the Coaaunity rules on wine, in the
     interests of c l a r i t y , Council Regulation (EEC) No
     347/79 of 5 February 1979 on general rules for the
     classification of vine varieties                                   (3),
     as last aaended by Regulation (EEC) No 3805/85 ( 4 ) ,
     should be consolidated by amending the references
     contained therein;
     Whereas Article 13 of Regulation (EEQ No 822/87
     provides for the Council to adopt general rules for the                           1.       347/79
     classification of vine varieties approved for cultivation
     in the Community; whereas these rules must, in
     particular, provide a classification of such vine varieties,
     by administrative units or parts thereof, into
     recommended vine varieties, authorized vine varieties
     and temporarily authorized vine varieties;
     Whereas such classification is particularly useful in
     directing     Community              wine growers        towards                  2.       347/79
     high-quality production by guiding their choice of
     varieties to plant; whereas the classification of vine
     varieties according to the quality of wine produced
     promotes the planting of varieties which give wine
     recognized to be of good quality and for which market
      demand is steady or expanding; whereas in this way a
     classification of vine varieties helps in the long ran to
     prevent structural surpluses on the wine market;
(1) 0J  No   L   84, 27. 3.1987,           p.  1.
(2) 0J  No   L 373, 3 1 . 1 2 . 1 9 8 8 ,  p.  55.
(3) 0J  No   L   54, 5. 3.1979,            p.  75.
(4) 0J  No   L 367, 3 1 . 1 2 . 1 9 8 5 ,  p.  39.
 ---pagebreak---                                                       - 2 -
Whereas in classifying the varieties of vine a distinction      347/79
should be made between the uses to which the grapes
obtained from them are put; whereas in classifying
administrative units account should be taken of any
special production conditions;
 Whereas, however, the fact that grapes of a vine variety
                                                                347/79
 can also be used for purposes other than those indicated
 in the classification of the vine variety from which they
 originate, and in particular that grapes of a table variety
:can be used for wine making, should not prevent that
 vine variety from being classified according to its main
 use;
 Whereas identification of the vine varieties cultivated in     347/79
  the Community is essential for checking that
 Community and national. provisions concerning the
 cultivation of vine varieties are complied with; whereas
 for that reason the classification may contain only those
 vine varieties of which the propagating material is
  accepted in at least one Member State, in accordance
 with Community provisions, for certification or control
  as standard propagating material;
   Whereas, among the wine grape varieties cultivated at
   present in the Community for the production of wine          347/79
   intended for direct human consumption, the vine
   varieties derived from interspecific crossings have not
   given complete satisfaction; whereas, therefore,' they
   should not be classified as being recommended;
   whereas it is not justifiable to exclude a priori from
   classification among the recommended • varieties wine
   grape varieties which may be obtained from inter-
   specific crossings after 19 July 1970 and which might be
   found to be satisfactory for cultivation; whereas, how-
   ever, no distinction need be made with regard to stock
   origins if the varieties of wine grapes are to be classified
   as authorized or temporarily authorized;
    Whereas, since table grapes may also be used for wine       347/79
    making, the classification should be extended to cover
    the vine varieties which come within the common
    quality standards for table grapes laid down in
    Commission Regulation No 58 laying down common
    quality standards for certain products listed in Annex I
    B to Regulation No 23 on the progressive establishment
    of a common organization of the market in fruit and
    vegetables (f ), as last amended by Regulation (EEQ No
    93V89 (2); whereas the suitability of those varieties for
    their normal use is a determining factor in their
    classification;
  Whereas, since different names are used to describe a         347/79
  single vine variety, it is appropriate to establish within
  the classification a list of synonyms known to he used in
  the trade; whereas, moreover» a list of homonyms may
 be useful where a single term is used to cover several
 vine varieties;
  (1) OJNo 56,         7. 7.1962, p. 1606/62.
  (2) 0J No L 9 7 , 11.4.1989, p. 19
 ---pagebreak---                                                          - 3 -
Whereas experience has shown die need to make
                                                                  347/79
provision for amendment of the classification of vine
varieties in order to add a vine variety to'the category of
recommended, authorized or temporarily authorized
varieties; whereas, in die event of such an addition to
the classification, it may be necessary, particularly in the
case of a new variety, to determine the suitability of the
variety for cultivation on the basis of information
obtained by the Member State concerned from
cultivation trials; whereas it has also proved necessary
to provide for the possibility of downgrading vine
variera whose cultivation is not entirely satisfactory;
whereas che admission of vine varieties which were not
listed In die classification on 31 May 1974 to the
category of authorized vine varieties should be granted
only on a provisional basis after examination of their
cultivation suitability and for an observation period of
five years, at the end of which period a final decision
should be taken on the variety in question;
Whereas it is necessary to specify the conditions under        10 347/79
which a variety listed in the category of authorized vine
 varieties can be upgraded to the category of
 recommended vine varieties as well as the conditions
 under which a variety can be downgraded to a lower
 category;
 Whereas no examination of cultivation suitability is
                                                               11 347/79
 necessary in the case of a vine variety classified as an
 authorized vine variety being upgraded to die category
 of recommended vine varieties in the same
 administrative unit, since the cultivation suitability is
 already known from experience and from information
 obtained by the Member State in question;
 Whereas the inclusion of root stock varieties in the          12 347/79
 classification is desirable for reasons of control;
 whereas, in view of their limited number, these varieties
 and the grape varieties for special.uses may be classified
 on a Community-wide basis,
  HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                           - 4 -
                        Article 1
The classification of vine varieties shall include ail vine 347/79
varieties of the genus Vitis, including those derived from
interspecific crossings, which are authorized for
cultivation in the Community and intended for the
production of grapes or of vegetative vine propagating
material.
 ---pagebreak---                                               - S -
                          Arid* 2                  •••
  1. Vine varieties shall be classified according to the
                                                              347/79
  uses to which the grapes obtained from diem are
  normally put.
  2. For the purposes of this Regulation:
  (a) 'wine grape variety* means a vine variety normally
      cultivated for the production of fresh grapes for
      making wine for direct human consuinption;
  (b) 'table grape variety* means a vine variety which
      comes within the common quality standards for
   , table grapes adopted under Council Regulation
       (EEC) No 1Û35/P2 « * ,      *
                           normally cultivated for the
      production of grapes for consumption when fresh;
  (c) 'grape variety for special use* means a vine variety
      normally cultivated for purposes other than those
      îefcried to under (a) and (b), such as:
       — the preparation of potable wine spirits,
       — the preparation of grape juice,
       — die production of grapes normally used in the
           canning industry,
        — the production of grapes for drying.
                                                            J Accession EL
   (d) 'root stock variety* means a vine variety cultivated    347/79
       for die production of vegetative vine propagating
        material and providing that part of the plant which
       is below ground.
(1) OJ No L 118, 20. 5.1972, p. 1
 ---pagebreak---                                               - 6 -
                        Article 3
1. Wine grape varieties and table grape varieties shall       347/79
be classified for each of the following administrative
units or parts thereof:
— the Regierungsbezirk in
    Germany,
— the department in France,
— die province in Italy,
— the nomos in Greece,
                                                          ]     Accession El
 — the province and the region in
                                                          ]
                                                              3*05/85
 -the             in Rrtuoftl,
 — the                                                        347/7*
 2. 6rape varieties for special U K an) root stock
 varieties shall fat classified on a Goawrity-iridt bobs.
                    or a l of these varieties saay be
                         : of 9 Mcaabcr Scats, fer one or
                           ' of tsav xsnÉber Scats» =•
                                                           . ..
 ---pagebreak---                                                   .7 -
                          Article 4
1. One and the same wine, grape variety may be                 347/79
classified differently in different administrative units or
parts thereof.             „
2. One and the same variety may, exceptionally, be
classified as both a table grape variety and a wine grape
variety.
3. One and the same variety may be classified
differently according to whether It it used for the
making of:
— table wine,
— quality wine produced i n specified regions,
— sparkling wine, quality sparkling wine or quality
     sparkling wine produced in specified regions,
— potable wine spirits,
— grape juice ,
— dried grapes.
                                                            ] Accession EL
 ---pagebreak---                                                 - 8 -
                         Article 5
1. For each of the administrative units or parts thereof  347/79
or, as appropriate, on a Community-wide basis, vine
varieties shall be listed under one of the following
categories: recommended vine varieties, authorized vine
varieties and temporarily authorized vine varieties.
2. Vine varieties shall be included in the classification
only if their propagating material is accepted for
certification or control as standard propagating material
in at least one Member State, in accordance with
Council Directive 68/193/EEC of 9 April 1968 on the
marketing of material for the vegetative propagation of
the vine {l\
  -(1) OJ So L 93, 17. 4.1968» p.15.
 ---pagebreak---                                                     - 9 -
                          Article 6
1. With regard to wine grape varieties:                         347/79
(a) recommended vine varieties shall include the
    varieties which:
     — are already cultivated in the Community and
          which belong to the species Vitis vmifera L, or
     — are obtained from interspecific crossings die
          cultivation suitability of which is recognized,
          after 19 July 1970, as being satisfactory in
          accordance with Article 12,
     and which normally provide wines recognized to be
     of good quality;
(b) authorized vine varieties shall include the varieties
     which normally provide sound and marketable wine
     of a quality which, while of an acceptable standard,
     is lower than that of the wine referred to under (a);
 (c) temporarily authorized vine varieties shall include
      the varieties:
      — which do not meet the criteria stated under (a)
           and .(b) but which nevertheless are of some
           economic importance to the administrative unit
           or part thereof concerned, or
       — which present          certain   shortcomings       in
           cultivation.
 ?.. Quality «hall be assessed, where appropriate, on the
 results of tests as to the cultivation suitability of the vine
 varieties in question, together with the results of
 analytical and organoleptic tests of the wine concerned.
 ---pagebreak---                                            - 10 -
                        Article 7
With regard to table grape varieties:                       347/79
(a) recommended vine varieties shall include the
    varieties cultivated for die production of table
    grapes for which there is considerable market
    demand;
(b) authorized vine varieties shall include the varieties:
    — providing grapes of a quality which, while of an
        acceptable standard, is lower than that of the
        grapes referred to under (a), or
    — which present         certain     shortcomings     in
        cultivation;
(c) temporarily authorized vine varieties shall include
    the varieties:
    — yielding grapes which should cease to be put on
        the market because of their poor quality, or
    — which present         serious     shortcomings     in
        cultivation.
 ---pagebreak---                                                     - 11 -
                          Article 8
1. With regard to the grape varieties for special uses:         347/79
(a) recommended vine varieties shall include the
    varieties belonging to the species Vitis vinifera L or
    derived from interspecific crossings, if those vine
    varieties are normally well suited to the uses in
    question;
(b) authorized vine varieties shall include the varieties:
    — yielding products the quality of which, while of
         an acceptable standard, is lower than that of the
         products obtained from the vine varieties
         referred to under (a), or
    — yielding grapes which are less suitable for the
        uses in question than the vine varieties referred
         to under (a);
(c) temporarily authorized vine varieties shall include
    the varieties:
     — which do not conform to the criteria stated in
          (a) and (b) but which nevertheless are of some
         economic importance to the Community as a
          whole or to the administrative unit or units
          concerned, or
     — which present           certain    shortcomings       in
          cultivation.
 2. Quality shall be assessed, where appropriate, on the
 results of tests as to the cultivation suitability of the vine
 varieties in question, together with the results of
 analytical and organoleptic tests of the finished
 products concerned.
 ---pagebreak---                                              - 12 -
                        Article 9
With regard to root stock varieties:                    347/79
(a) recommended vine varieties shall indude the
    varieties cultivated for the purpose of obtaining
    vegetative vine propagating material which has been
    proved by experience to be satisfactory for
    cultivation;
(b)temporari ly authorized vine varieties shall indude
    the varieties which have been found to be
    unsatisfactory for cultivation.
 ---pagebreak---                                                      - 13 -
                        Article 10
1. Without prejudice to the provisions of Artide 5d (3)     347/79
of Directive 68/193 /EEC, a list of synonyms of die vine
varieties appearing in the dassification shall be induded
in the dassification if such synonyms are:
(a) used in the trade to designate the wines produced
    from the vine varieties in question, and .
(b) sufficiently well known.
2. A list of homonyms of the vine varieties referred to
in paragraph 1 may also be induded.
 ---pagebreak---                                                  -14-
                         Article 11
1. Vine varieties not listed in the classification for an    347/79
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
         indusion in the classification is under
         consideration,
    — as regards root stock varieties, only on con-
        dition that the cultivation suitability of the vari-
        ety has been examined and that it has been
        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 assessment of the
     classification of the vine variety in question can yet
     be made on the basis of the results of the
     examination.
 2. The category of a vine variety for the same
 administrative unit or part thereof or, where
 appropriate, for the Community as a whole may be
 altered only:
 (a) by upgrading to the category of recommended vine
     varieties as regards:
     — a variety appearing, on 31 May 1974, in the
          category of authorized vine varieties for the
          administrative unit or part thereof for which the
          addition is requested or, where appropriate, for
          the Community as a whole,
      — a variety added to the classification after
          31 May 1974 and which has been listed for at
          least five years in die category of authorized
          vine varieties for die administrative unit or part
          thereof for which the addition is requested or,
          where appropriate, for die Community as a
           whole;
 (b) by downgrading to a lower category if:
     — experience has shown that the requirements for
          the category in which the variety in question is
          listed are not fulfilled, or
     —, the quality of the product which it yidds renders
          it necessary, or
      — the area on which the vine variety in question is
          grown is very small and continuing to dimiwUh
 ---pagebreak---                                                 - 15-
   3. A vine variety shall be eliminated from die
   classification if its cultivation suitability is judged    347/79
   unsatisfactory.
   4. In the case referred to in paragraph 1 (b), die
   classification shall indicate that the addition is
   provisional. Between five and seven years after the
   provisional addition of the variety in the category of
   authorized vine varieties, it shall be dedded on the basis
   of experience and taking account of the cultivation
   suitability trials carried out pursuant to Article 12,-
   whether the variety in question:
   — 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 temporari ly
       authorized vine varieties, or
   — should be eliminated from the classification.
   If after seven years no decision has been taken, the
   variety in question shall be considered to have been
   eliminated from the classification.
   5. An examination as to cultivation suitability shall
   not be necessary for die addition of an authorized vine
   variety to the category of' recommended vine varieties
   for une same administrative unit or part thereof or,
   where appropriate, for the Community as a whole,
   provided that the cultivation suitability can be
   demonstrated in an appropriate manner.
   6. As a result of die downgrading of a variety to the
   category of temporarily authorized vine varieties, the
   variety in question may, from the date on which the
   downgrading takes effect, no longer be planted, grafted
   or double-grafted.
   7. Detailed rules for the application of this Article, in
   particular the decisions referred to in die first
   subparagraph of paragraph. 4, shall be adopted in
   accordance with the procedure laid down in Article &3
    of Regulation (EEQ N o 822/81
u;
 ---pagebreak---                                                    -16 -
                        Article 12
1. The cultivation suitability of a vine variety shall be  347/79
determined on the basis of the information obtained by
the Member States concerned from die 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
improvement with regard to cultivation or to the use of
the grapes or propagating material obtained from it
2. After consultation with the Management Committee
for Wine, the Commission may ask the Member State
concerned to carry out a further examination as to the
cultivation suitability of the vine variety in question.
 3. The determination of cultivation suitability referred
 to in paragraph 1 shall be effected in accordance with
 the procedure laid down in Artide 83' of Regulation
 (EEC) No 822/87.^        .    -/•
Detailed rules for the application of this Artide, and in
particular measures for testing cultivation suitability,
 shall be adopted in accordance with the same
 procedure.
 ---pagebreak---                                                   - 17 -
                          Article 13
 1. Planting, even for the purpose of replacing failures,     347/79
 of fidd grafting and double-grafting:
— of vine varieties,not listed in the classification, or
— of temporarily authorized vine varieties,
 shall be prohibited. '
2. Member States may, however, permit derogations
from the provisions of die first indent of paragraph 1
for the following purposes:
— cultivation suitability trials of a vine variety which is
     not listed in the dassification for the administrative
     unit or part thereof concerned or for the
     Community as a whole,
— scientific research,
— sdection of crossing experiments, and
— production of vegetative vine propagating material
     intended exdusivdy for export to non-member
     countries, on condition that there is suitable control
     over production.
The Member States concerned shall communicate to the
 Commission:
 (a) the list of vine varieties to which the fourth indent of
     the first subparagraph relates;
 (b) the provisions they are applying to ensure control
     over such production.
 They shall inform the Commission before 1 October of
 each year of the alterations to be made to the said list.
 3. If a Member State permits the derogations provided
 for in paragraph 2 that State shall carry out a systematic
 inspection each/year of the vines which have been
 authorized for planting and shall ensure that any
 distribution ^ propagating material is limited to the
 purposes, referred to above. . Individual cultivation
 contracts shall be conduded between the authorities
 designated by the Member States and any natural or
 legal person or group of persons intending to cultivate a
 vine variety which is not induded in the classifications
 for the administrative unit or part thereof concerned, or
 for the Community as a whole.
4. Products derived from a vine variety undergoing
cultivation suitability trials, scientific research or
selection or crossing experiments, as referred to in
paragraph 2, shall be treated as products obtained from
authorized vine varieties.
 ---pagebreak---                                  - 18 -
                      Article 14
 1. Regulation (EEC) No 347/79 is hereby repealed.
 2. References to the Regulation repealed under para-
'graph 1 shall be construed as references to this
 Regulation.
 ---pagebreak---                                       -  19 -
                                                                          Article IS
                                                   This Regulation shall enter into force on   19'
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                      For the Council
                                                                       The President
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 199 final
Proposal for a
COUNCIL REGULATION (EEC)
on general rules for the classification of vine varieties
(submitted to the Council by the Commission)
24.4.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 22 pp. — Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-48676-7
Catalogue number: CB-CO-89-158-EN-C
 ---pagebreak---                                               ISSN 0254-1475
COM(89) 199 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
on general rules for the classification of vine
varieties
(submitted to the Council by the Commission)
03                                           24.4.1989
Catalogue number: CB-CO-89-158-EN-C
ISBN 92-77-48676-7
€
COMMISSION OF THE EUROPEAN COMMUNITIES