31976R1162

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 .

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 equivalent to that referred to in the first subpara­ Article 2 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 .

1 . The Council, acting in accordance with the As from the date on which this Regulation enters procedure laid down in Article 43 (2) of the Treaty, into force, Member States shall no longer grant shall adopt, by 1 October 1978 , the measures authorizations for new planting. 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, shall decide , by 1 December 1978 , to extend , if plans which meet the conditions laid down in 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.