31973R0985

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 authorized vine variety being upgraded to the category Having regard to the proposal from the Commission ; 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 HAS ADOPTED THIS REGULATION : tion on 31 December 1973 on the category of author­ 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 In the second indent of Article 6 ( 1 ) (a) of Regulation finally decided at the end of that period ; (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 .

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 requested or, where appropriate, for the an administrative unit or part thereof or, where appro­ Community as a whole ; priate, for the Community as a whole may be added : (a) to the categories of recommended or authorized vine varieties : (b) by downgrading to a lower category if :

— experience has shown that the requirements — as regards wine grape varieties and table grape for the category in which the vine variety in varieties, only on condition that the variety question is listed are not fulfilled, has been included for at least five years in the 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 tory. a provisional basis if the cultivation suitability of 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 basis of experience and taking account of the tests on (c) exceptionally, to the category of recommended or 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 or examined in accordance with Community 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 : 5 . An examination as to cultivation suitability shall (a) by upgrading to the category of recommended vine not be necessary for the addition of an authorized vine varieties as regards : 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

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 .