31971R0608

Official Journal of the European Communities 161

25.3.71 Official Journal of the European Communities No L 71 / 1

REGULATION (EEC) No 608/71 OF THE COUNCIL of 22 March 1971

amending Regulation (EEC) No 1388/70 on general rules for the classification of vine varieties

THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAS ADOPTED THIS REGULATION :

Having regard to the Treaty establishing the Article 1 European Economic Community ; 1 . The following shall be substituted for Article 2 Having regard to Council Regulation No (2 ) (b ) of Regulation (EEC) No 1388 /70 : 816/701 of 28 April 1970 laying down additional '(b) "table grape variety" means a vine variety provisions for the common organisation of. the which comes within the common quality market in wine, as last amended by Regulation (EEC ) standards for table grapes adopted under No 2612/70,2 and in particular Article 16 ( 1 ) thereof ; Regulation No 23 , normally cultivated for Having regard to the proposal from the the production of grapes for consumption Commission ; when fresh ;'

Whereas at has become apparent that the provisions 2 . The following third indent shall be added to of Council Regulation (EEC ) No 1388 /703 of 13 July Article 2 (2 ) ( c) of Regulation (EEC ) No 1388 /70 : 1970 on general rules for the classification of vine varieties are sometimes too narrow in concept to take '— the production of grapes normally used in the account of economic needs ; whereas it is necessary in canning industry;' particular to admit to the category of grape varieties for special uses those used in the canning industry, Article 2 and not to classify them with table grape varieties ; The following Article shall be added to Regulation Whereas, since different names are used to describe a ( EEC) No 1388 /70 : single vine variety, it is appropriate to establish within the classification a list of synonyms know to 'Article 9a be used in the trade; whereas, moreover, a list of homonyms may be useful where a single term is vised 1 . Subject to the provisions of Article 5 ( d ) (3 ) to cover several vine varieties ; of the Council Directive of 9 April 19684 on the marketing of material for the vegetative Whereas it is appropriate, moreover, that varieties propagation of the vine, as amended by the intended for the production of vegetative propagation Directive of 22 March 1971 ,3 a list of synonyms material for vines, used exclusively for export, and of the vine varieties appearing in the classification not listed in the classification, should be acceptable shall be included in the classification if such for cultivation ; synonyms are :

Whereas Article 10 ( 1 ) of Regulation (EEC) No (a) used in the trade to designate the wines 1388 /70 gives an exhaustive list of cases in which the produced from the vine varieties in question classification of vine varieties may be altered ; and whereas it is essential, in order to produce a (b) sufficiently well known. satisfactory classification, to permit alterations other than those provided for in that paragraph ; 2. A list of homonyms of the vine varieties referred to in paragraph 1 may also be included .'

1 OJ No L 99, 5.5.1970 , p . 1 . 2 OJ No L 281 , 16.12.1970 , p . 6. 4 OJ No L 93 , 17.4.1968 , p . 15 . 3 OJ No L 155 , 16.7.1970 , p . 5 . 5 Of No L 71 , 25.3.1971 , p . 16.

162 Official Journal of the European Communities

Article3¶

1 . The following shall be substituted for Article 10 The following shall be substituted for Article 11 (2) ( 1 ) of Regulation ( EEC ) No 1388 /70 : of Regulation (EEC) No 1388 /70 :

' 1 . From 1 January 1971 , only recommended '2. Member States may, however, permit vine varieties may be added to the classification of derogations from the provisions of the first indent vine varieties .' of paragraph 1 for the following purposes : — testing of the cultivation suitability of a vine variety not listed in the classification for the 2. The following shall be substituted for the first administrative unit or part thereof concerned subparagraph of Article 10 (2): or for the Community as a whole ; 'The addition provided for in paragraph 1 may be — scientific research ; made only if the cultivation suitability of the — selection or crossing studies ; varieties in question is considered satisfactory for an administrative unit or part thereof or,' where — production of vegetative vine propogation appropriate, for the Community as a whole.' material for vines reserved exclusively for export to third countries on condition that there is suitable control over production.

Article 4 Member States concerned shall notify the Commission before 1 October 1971 of : The following Article shall be added to Regulation (EEC ) No 1388 /70 : ( a) the list of vine varieties which are subject to the fourth indent of the first subparagraph ; 'Article 10a and 1 . Vine varieties whose cultivation suitability, ( b ) the provisions they are applying to ensure after the establishment of the classification, is control over that production. considered unsatisfactory for an administrative unit or part thereof or, where appropriate, for the They shall inform the Commission before 1 Community as a whole shall be eliminated from October of each year of the alterations to be the classification for the administrative unit or made to that list.' part thereof concerned or, where appropriate, fbr the Community as a whole. Article 6 2. Subject to the provisions of Article 10, the classification of a vine variety in one of the categories specified in Article 5 shall be altered if This Regulation shall enter into force on the third it is considered that its cultivation suitability day following its publication in the Official Journal justifies the alteration.' of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 22 March 1971 .

For the Council The President M. COINTAT