31970R1388

420 Official Journal of the European Communities

16.7.70 Official Journal of the European Communities No L 155 /5

REGULATION (EEC) No 1388/70 OF THE COUNCIL of 13 July 1970

on general rules for the classification of vine varieties

THE COUNCIL OF THE EUROPEAN COMMUNITIES, those indicated in the classification of the vine variety from which they originate, and in particular that Having regard to the Treaty establishing the grapes of a table variety can be used for European Economic Community ; wine-making, should not prevent that vine variety from being classified according to its main use; Having regard to Council Regulation No 816/701 of 28 April 1970 laying down additional provisions for Whereas identification of the vine varieties cultivated the common organisation of the market in wine, as in the Community is essential for checking that amended by Regulation (EEC) No 1253 /70,2 and in Community and national provisions concerning the particular Article 16 ( 1 ) thereof; cultivation of vine varieties are complied with ; whereas for that reason the classification may contain Having regard to the proposal from the Commission ; only those vine varieties of which the propagation material is accepted in at least one Member State, in Whereas Article 16 of Regulation (EEC) No 816/70 accordance with Community provisions, • for provides that the Council shall adopt general rules certification or control as standard propagation for the classification of vine varieties approved for material; cultivation in the Community; whereas these rules must, in particular, provide a classification of such vine varieties, by administrative units or parts Whereas, among the wine grape varieties cultivated at thereof, into recommended vine varieties, authorised present in the Community for the production of wine vine varieties and provisionally authorised vine intended for direct human consumption, the vine varieties ; varieties derived from interspecific crossing have not given complete satisfaction ; whereas, therefore, they Whereas such classification is particularly useful in should not be classified as being recommended; the direction of Community wine-growers towards whereas it is not justifiable to exclude a priori from high-quality production by guiding their choice of classification among the recommended varieties wine varieties to plant; whereas the classification of vine grape varieties which may be obtained from varieties according to the quality of wine produced interspecific crossing after the entry into force of this promotes the planting of varieties which give wine Regulation and which might be found to be recognised to be of good quality, for which market satisfactory for cultivation; whereas, however, no demand is steady or expanding; whereas in this way distinction need be made with regard to stock origins a classification of vine varieties helps in the long run if the varieties of wine grapes are to be classified as to prevent structural surpluses on the wine market; authorised or provisionally authorised;

Whereas in classifying the varieties of vine a Whereas, since table grapes may also be used for distinction should be made between the uses to which wine making, the classification should be extended to cover the vine varieties which come within the the grapes obtained from them are put; whereas in classifying administrative units account should be common quality standards for table grapes laid down taken of any special production conditions ; pursuant to Regulation No 238 on the progressive establishment of a common organisation of the market in fruit and vegetables, as last amended by Whereas, however, the fact that grapes of a vine Regulation (EEC) No 2512/694 ; whereas the variety can also be used for purposes other than

1 OJ No L 99 , 5.5.1970, p . 1 . :1 OJ No 30, 20.4.1962, p. 965/62. 2 OJ No L 143 , 1.7.1970, p . 1 . 4 OJ No L 318 , 18.12.1969 , p. 4 .

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suitability of those varieties for their normal use is a Article 3 determining factor in their classification ; 1 . Wine grape varieties and table grape varieties Whereas the inclusion of root stock varieties in the shall be classified for each of the administrative units classification is desirable for reasons of control ; or parts of administrative units covered by the whereas, in view of their limited number, these viticultural land register. varieties and the grape varieties for special uses may be classified on a Community-wide basis ; 2. Grape varieties for special use and root stock varieties shall be classified on a Community-wide Whereas, as regards the later addition of a vine • basis . variety to the classification, the suitability of that variety for cultivation should be decided on the basis However, part of all of these varieties may be of the information obtained by the Member State classified, at the request of a Member State, for one concerned from tests which'include cultivation trials ; or more administrative units of that Member State .

HAS ADOPTED THIS REGULATION : Article 4

Article 1 1 . One and the same wine grape variety may be classified differently in different administrative units The classification of vine varieties shall include all or parts of administrative units . vine varieties of the genus Vitus L, including those derived from interspecific crossings, which - are 2 . One and the same variety may, exceptionally, authorised for cultivation in the Community and be included in both table grape varieties and wine intended for the production of grapes or of vegetative grape varieties . propagation material for vines .

3 . One and the same variety may be classified Article 2 differently according to whether it is used for the making of : 1 . Vine varieties shall be classified according to the , — table wine ,uses to which the grapes obtained from them are normally put. — quality wine p.s.r., — sparkling wine, quality sparkling wine or quality 2. For the purposes of this Regulation : sparkling wine produced in a specified region, ( a ) 'wine grape variety' means a vine variety — grape spirits , normally cultivated for the production of fresh grapes for making wine for direct human — grape juice .consumption ;

( b) 'table grape variety' means a vine variety which Article 5 comes within the common quality standards for table grapes adopted under Regulation No 23 , 1 . For each of the administrative units or parts of normally cultivated for the production of: administrative units or, as appropriate, on a Community-wide basis, vine varieties shall be listed — grapes for consumption when fresh; under one of the following categories : recommended — grapes for the canning industry ; vine varieties, authorised vine varieties and provisionally authorised vine varieties . (c) 'grape variety for special use' means a vine variety normally cultivated for purposes other than those 2 . Vine varieties shall be included in the referred to under ( a) and (b), such as : classification only if their propagation material is — the preparation of grape spirits ; accepted for certification or control as standard propagation material in at least one Member State, in — the preparation of grape juice ; accordance with the provisions of the Council Directive of 9 April 1968 1 on the marketing of (d) 'root stock variety' means a vine variety material for the vegetative propagation of the vine. cultivated for the production of vegetative vine propagation material and providing that part of the plant which is below ground. 1 OJ No L 93 , 17.4.1968, p . 15 .

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Article 6 ( c) provisionally authorised vine varieties shall include the varieties : 1 . With regard to wine grape varieties : — yielding grapes which should cease to be put (a ) recommended vine varieties shall include varieties on the market because of their poor quality; which : or — are already cultivated in the Community and — which have serious shortcomings as regards their cultivation . which belong to the species Vitis vinifera L, or — are obtained for interspecific crossings the Article 8 cultivation suitability of which is recognised, after the entry into force of this Regulation, as being satisfactory in accordance with 1 . With regard to the grape varieties for special Article 10 (2), uses :

and which normally provide wines recognised to ( a) recommended vine varieties shall include the be of good quality; varieties belonging to the species Vitis vinifera L or derived from interspecific crossings, if those (b) authorised vine varieties shall include varieties vine varieties are normally well suited to the uses which normally provide sound and marketable in question ; wine of a quality which, while reaching an acceptable standard, is lower than that of the ( b ) authorised vine varieties shall include the wine referred to under ( a); varieties :

— yielding products the quality of which, while (c) provisionally authorised vine varieties shall include varieties : being of an acceptable standard, is lower than that of the products obtained from the vine — which do not meet the criteria stated under varieties referred to under ( a); or (a) and ( b ) but which nevertheless are of — yielding grapes which are less suitable for the some economic importance to the uses, in question than the vine varieties administrative unit or part thereof concerned ; referred to under ( a ); or — which have shortcomings as regards their ( c) provisionally authorised vine varieties shall cultivation . include the varieties :

— which do not conform to the criteria stated in 2. Quality shall be assessed where appropriate, on the results of tests on the cultivation suitability of the (a) and (b ) but which nevertheless are of vine varieties in question, together with the results of some economic importance to the analytical and organoleptic tests on the wine in Community as a whole or to the question . administrative unit or units concerned ; or

— which have shortcomings as regards their Article 7 cultivation .

With regard to table grape varieties : 2. Quality shall be assessed, where appropriate, on the results of tests on the cultivation suitability of the ( a ) recommended vine varieties shall include the vine varieties in question, together with the results of varieties cultivated for the production of table analytical and organoleptic tests on the finished grapes for which there is considerable market products in question. demand ;

(b) authorised vine varieties shall include the varieties : Article 9 — providing grapes of a quality which, while of With regard to root stock varieties : an acceptable standard, is lower than that of the grapes referred to under ( a); or (a) recommended vine varieties , shall include the — which have shortcomings as regards their varieties cultivated for the purpose of obtaining cultivation ; vegetative vine propagation material which has

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been proved by experience to be satisfactory for 5 . Measures for testing cultivation suitability shall cultivation ; be adopted, as necessary, in accordance with the procedure provided for in Article 7 of Regulation No 24 . ( b ) provisionally authorised vine varieties shall include varieties which have been found to be unsatisfactory for cultivation . Article 11

1 . Planting, even for the purpose of replacing Article 10 failures, grafting in situ and overgrafting :

1 . The classification may be altered : — of vine varieties not listed in the classification, or

— by the addition of vine varieties to the category of — of provisionally authorised vine varieties . recommended vine varieties, shall be prohibited from 1 September 1971 . — by the elimination of vine varieties,

— by regrading vine varieties. 2 . Member States may, however, permit derogations from the provisions of the first indent of 2 . The classification of vine varieties may be altered paragraph 1 for the following purposes : by the addition of vine varieties to the category of recommended vine varieties only if the cultivation — testing of the cultivation suitability of a vine suitability of the varieties in question is recognised as variety which is not listed in the classification for being satisfactory for an administrative unit or part the administrative unit or part thereof concerned thereof or, where appropriate, for the Community as or for the Community as a whole ; a whole . — scientific research ; The cultivation suitability of a vine variety shall be determined, in accordance with the procedure — selection or crossing studies . provided for in Article 7 of Regulation No 241 on the progressive establishment of a common organisation of the market in wine, as last amended by Regulation 3 . If a Member State permits the derogations (EEC) No 816/70, on the basis of information referred to in paragraph 2, that State shall carry out a obtained by the Member State concerned from systematic inspection each year of the vines which examination of the cultivation trials carried out, have been authorised for planting and shall ensure where appropriate, in the administrative units or that any distribution of propagation material is parts thereof concerned or in neighbouring limited to the purposes referred to above. Individual administrative units . cultivation contracts shall be concluded between the authorities designated by the Member States and any natural or legal person intending to cultivate a Vine 3 . The cultivation suitability of a vine variety may variety which is not included in the classification for not be recognised as being satisfactory unless, in the administrative unit or part thereof concerned, or comparison with the other vine varieties listed in the for the Community as a whole. classification for at least one administrative unit or part thereof, its overall quality characteristics constitute a distinct improvement with regard to 4. Products derived from a vine variety undergoing cultivation or to use of the grapes or propagation cultivation suitability tests, scientific research or the material obtained from it. selection or crossing studies referred to in paragraph 2 shall be considered as products obtained from authorised vine varieties . 4. After consultation with the Management Committee for Wine the Commission may ask the Member State concerned to carry out a further Article 12 examination on the 'cultivation suitability of the vine variety in question . Member States shall inform the Commission before 1 August 1970 of the vine varieties which they recommend for inclusion in the categories referred to i OJ No 30, 20.4.1962, p. 989/62 . in Article 5 . Information shall be forwarded by

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category, according to the uses referred to in Article 2 Article 13 and according to the administrative units or parts thereof referred to in Article 3 or, in the case referred This Regulation shall enter into force on the third to in the first subparagraph of Article 3 (2), for the day following its publication in the Official Journal territory of the Member State concerned. of the European Communities.

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

Done at Brussels, 13 July 1970.

For the Council

The President

J. ERTL