31978R0978

17. 5 . 78 Official Journal of the European Communities No L 128/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 978/78 of 10 May 1978 on statistical surveys of areas under vines

THE COUNCIL OF THE EUROPEAN Whereas a land register in the strict sense involves COMMUNITIES, major administrative work on the establishment, processing and constant updating of a list or register Having regard to the Treaty establishing the European containing information on the owners and on all Economic Community, and in particular Article 43 parcels of land under vines with sufficient details for thereof, their identification ; whereas viticultural land registers in this sense have been established only by some Member States, which have moreover been able to Having regard to the proposal from the Commission, update them only partially and at irregular intervals ; whereas the surveys on the areas under vines carried Having regard to the opinion of the European Parlia­ out by certain Member States have different reference ment (1), years ; whereas these national land registers and surveys do not therefore permit precise uniform Having regard to the opinion of the Economic and synchronized observation of production potential and Social Committee (2), supply on the Community vine markets ; Whereas the Commission, in order to fulfil its obliga­ tions under the Treaty and the Community provisions on the common organization of the market in wine, Whereas, in order to assess the Community wine requires accurate up-to-date data on the production market situation and developments therein, every 10 potential of the areas under vines in the Community years basic statistical surveys covering the total areas and on medium-term trends in production and under vines should be conducted in vinegrowing hold­ supply ; ings and, in between the basic surveys, smaller statis­ tical surveys should be conducted only on the area Whereas Article 1 of Regulation No 24 on the progres­ under vines of wine grape varieties ; sive establishment of a common organization of the market in wine (3), as last amended by the Act of Accession (4), provides that Member States shall, not later than 31 December 1964, prepare a viticultural Whereas, for economic and technical reasons and in land register which shall thereafter be kept up to date ; view of their limited significance on the Community wine market, vines cultivated in the open air in Member States with a total area under vines of less Whereas Commission Regulation No 26/64/EEC of than 500 hectares, vines cultivated under glass and 28 February 1964 laying down additional provisions vines produced on very small areas solely for home for the preparation of the viticultural land register, for consumption by the growers should all be excluded its management and for keeping it up to date (5), as from the surveys ; last amended by Regulation (EEC) No 1456/76 (6), provides that the complete revision of the Community viticultural land register referred to in Article 3 ( 1 ), should take place every 10 years, beginning in 1979 ; Whereas detailed information is necessary on the use (>) OJ No C 108, 8 . 5. 1978, p. 62. of the area under vines for the production of wine (2) Opinion delivered on 29 March 1978 (not yet published grapes, table grapes and material for vegetative propa­ in the Official Journal). gation of vines, as well as on the varieties and the age (3) OJ No 30, 20. 4. 1962, p. 989/62. of the vines ; whereas the overproduction of table (4) OJ No L 73, 27. 3. 1972, p. 14. (5) OJ No 48 , 19. 3. 1964, p. 753/64. wine in particular can create serious difficulties in the (6) OJ No L 163, 24. 6. 1976, p. 13. wine economies of certain producer countries ;

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whereas it is therefore necessary to record separately whereas such adjustment can considerably reduce the the area under vines intended for the production of ever-increasing costs of managing the wine market ; quality wines psr and of table wines ; whereas the Community should therefore be made financially responsible with regard to the expenses incurred by the Member States concerned in connec­ Whereas, in order to keep the development of wine tion with the first basic survey under this Regulation ; production potential under constant observation, there should be annual intermediate surveys of any changes Whereas the establishment of the survey system under by way of grubbing, new planting or replanting in the this Regulation requires the consequent amendment area under vines of wine grape varieties ; of certain Community provisions in the wine sector,

Whereas the results of both the basic and the inter­ mediate surveys should be forwarded to the Commis­ sion as quickly as possible ; HAS ADOPTED THIS REGULATION :

Whereas consideration should also be given to statis­ tics resulting from the application of other Commu­ Article 1 nity provisions laying down measures for re­ organizing Community wine production ; 1 . Member States on whose territory the total area of vines cultivated in the open air is not less than 500 Whereas, since sample survey methods can produce hectares shall carry out : accurate results at moderate cost over large areas under vines, Member States should be allowed to — every 10 years basic surveys on the area under conduct the surveys either exhaustively or by sample, vines ; the first basic survey shall be carried out in provided that standards of statistical reliability are laid 1979, or before 1 April 1980 at the latest, and shall down ; relate to the situation after grubbing and planting in the 1978/79 wine-growing year, Whereas, in order to be able to assess the production — annually from the second year after the basic of wine in the Community, information is required surveys, intermediate surveys on the changes each year on yields per hectare and on the mean taking place in the areas under vines of wine grape natural alcoholic strength of fresh grapes, of grape varieties ; the first intermediate survey shall be must and of wine ; whereas, in view of the existence of carried out in 1981 and shall relate to changes areas with widely differing yields, the area under vines during the two wine-growing years 1979/80 and 1980/81 . of wine grape varieties should be subdivided into yield classes ; 2. The wine-growing year shall be that fixed on the basis of Article 5 of Regulation No 24. Whereas the Commission must submit reports in order to enable the Council to examine the extent to which the surveys carried out and the information communicated can help achieve the objectives of this Article 2 Regulation ; whereas, where appropriate, it must propose the harmonization of the methods used ; 1 . The basic surveys shall cover all holdings having a cultivated area under vines normally intended for Whereas Member States and the Commission must the production for sale of grapes, grape must, wine or vegetative propagation material for vines. cooperate as fully as possible when applying this Regu­ lation ; whereas the implementing rules must be laid down after consultation with the Standing Committee 2. During the basic surveys, the following particu­ for Agricultural Statistics, set up by Decision lars shall be recorded for each holding referred to in 72/279/EEC (») ; paragraph 1 :

A. Agricultural area in use ; Whereas the procedure to be followed by the Standing Committee for Agricultural Statistics must be laid down ; B. Area under vines cultivated.

The area under vines cultivated is to be broken Whereas statistical surveys allow production potential down according to its normal production use into : to be adjusted to market demand in good time ; (a) the area under wine grape varieties, further (») OJ No L 179, 7. 8 . 1972, p. 1 . broken down into :

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— quality wines psr, 2. The Member States concerned shall take suitable — other wines, measures to limit and, where necessary, to estimate errors of observation for the total area under vines — including wine compulsorily intended cultivated for each type of production use referred to for the manufacture of certain potable in Article 2 (2) (B). spirits obtained from wine with a regis­ tered designation of origin ; 3 . The basic surveys may either be exhaustive or based on random sampling. As regards the results of (b) the area under table grape varieties ; the basic surveys carried out by random sampling, the (c) the area planted with root-stock for future Member States shall take all the necessary measures to grafting ; ensure that the sampling error at the 68 % confidence level shall be of the order of 1 % at most for the (d) the area cultivated solely for the production of survey particulars referred to in Article 2 (2) (B) within vegetative propagation material for vines subdi­ the geographical units concerned. The samples shall vided into : include holdings of all sizes. — nurseries, — parent vines for root-stock. Article 4

Varieties which are classified simultaneously as 1 . The Member States concerned shall notify the wine grape varieties and table grape varieties shall Commission of the results of the basic surveys as soon be recorded according to their predominant use in as possible but not later than 15 months after comple­ the geographical units concerned. tion of the field work .

3. During the basic surveys, the following particu­ 2. The results of the basic surveys shall be lars shall be recorded for the area under wine grape submitted by geographical unit in the form of a sche­ varieties : dule of tables to be adopted in accordance with the procedure laid down in Article 8 . A. Vine varieties In the Member States concerned, a separate record 3. The geographical units referred to in paragraph shall be made for each geographical unit referred 2, in Article 2 (2) (B) and (3) (A) and in Article 3 (3) shall be as follows : to in Article 4 (3) of those vine varieties which together constitute at least 70 % of the total area — in the Federal Republic of Germany : the wine­ under wine grape varieties, and, in any case, of growing regions defined in accordance with those varieties which constitute 3 % or more of Article 2 of Council Regulation (EEC) No 817/70 the said area. The remaining varieties may be of 28 April 1970 laying down special provisions grouped together according to the colour of the relating to quality wines produced in specified grapes ; regions (1), as last amended by Regulation (EEC) No 2211 /77 (2), B. Age of the vines — in France : the departments or groups of depart­ The age of the vines shall be calculated from the ments listed in the Annex hereto, wine-growing year in which they were planted or — in Italy : the provinces, grafted. The age groups shall be established for each Member State concerned in accordance with — in the other Member States concerned : their the procedure laid down in Article 8 . entire national territory.

4. This Regulation shall not affect any provisions in 4. Member States which process their basic survey the Member States providing for surveys of the areas results electronically shall submit these results in a under vines which include, together with the informa­ machine-readable form , to be determined in accor­ tion referred to in paragraphs 2 and 3, additional infor­ dance with the procedure laid down in Article 8 . mation obtained, for example, as a result of a wider field of enquiry than that referred to in paragraph 1 or Article 5 from a more detailed specification of the particulars of the areas under vines and the holdings concerned. 1 . The intermediate surveys shall cover the area Such additional results must also be forwarded to the under vines of wine grape varieties in the holdings Commission . referred to in Article 2 ( 1 ) and shall relate to changes which have taken place in that area during the Article 3 preceding wine-growing year ; however, the first inter­ mediate surveys following the basic surveys shall relate 1 . The Member States concerned shall submit to to the changes during the previous two wine-growing the Commission before 30 September of the years . preceding year a detailed description of the methods to be used for the basic surveys and, where appro­ (•) OJ No L 99, 5. 5. 1970, p. 20. priate, of the sampling plan. (2) OJ No L 256, 7. 10. 1977, p. 1 .

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2. During the intermediate surveys the areas under vines of wine grape varieties, broken down into the wines which yield classes referred to in paragraph 2.

— have been grubbed or are no longer cultivated, 2. The Member States concerned shall subdivide — have been planted or replanted, the areas under the vines cultivated with wine grape varieties as recorded in the basic surveys into yield shall be recorded for the areas normally used for the classes based upon the mean yield per hectare referred production of : to in paragraph 1 and established in accordance with the procedure laid down in Article 8 . — quality wines psr, — other wines, 3 . The Member States concerned shall estimate the future trends over five wine-growing years in average — including wines compulsorily intended for the yields per hectare for each yield class referred to in manufacture of certain potable spirits obtained paragraph 2, taking into account agronomic and from wine with a registered designation of economic developments. origin,

4. The information referred to in paragraphs 1 , 2 by the vine variety or at least by the yield classes and 3 shall be broken down by the geographical units referred to in Article 6 (2). Any figures relating to the referred to in Article 4 (3), distinguishing between the grubbing and planting of vines obtained as a result of areas under vines of varieties normally intended for the implementation of other Community provisions shall be taken into consideration . the production of :

— quality wines psr, 3. The intermediate surveys may be either exhaus­ — other wines, tive or based on random sampling. As regards the results of the intermediate surveys carried out by — including wines compulsory intended for the random sampling, the Member States concerned shall manufacture of certain potable spirits obtained take all necessary measures to ensure that the from wine with a registered designation of sampling error at the 68 % confidence level shall be origin. of the order of 3 % at most for the whole of the culti­ vated area under vines normally intended for the 5 . The Member States concerned shall communi­ production of wine grapes in the geographical units cate to the Commission, for each wine-growing year concerned . and broken down by geographical units, estimates of the mean natural alcoholic strength expressed as a 4. The Member States concerned shall submit to percentage of the volume or in °Oechsle of the fresh the Commission before 30 June 1980 a detailed grapes, grape musts or wines, produced from the description of the methods to be used for the inter­ 1979/80 wine-growing year onwards in the areas mediate surveys ; advance notice shall be given of any under vines of wine grape varieties normally intended change in such methods. for the production of :

5 . The Member States concerned shall submit the — quality wines psr, results of the intermediate surveys to the Commission — other wines, before 1 May of the year following the wine-growing — including wines compulsorily intended for the years concerned. They shall be broken down into the manufacture of certain potable spirits obtained geographical units set out in Article 4 (3) in the form from wine with a registered designation of of a schedule of tables to be adopted in accordance origin. with the procedure laid down in Article 8 .

6. The annual information referred to in para­ 6. Member States which process their intermediate survey results electronically shall submit the results graphs 1 and 5 shall be communicated before 1 April following each wine-growing year. The information referred to in paragraph 5 in a machine-readable form, on the yield classes referred to in paragraph 2 shall be to be determined in accordance with the procedure laid down in Article 8 . submitted within the period laid down in Article 4 ( 1 ). The estimates of future trends in average yields per hectare referred to in paragraph 3 shall be submitted : Article 6 — for the first time, before 1 October 1981 , 1 . The Member States concerned shall submit to — thereafter, every five years before 1 April. the Commission for each wine-growing year the mean 7 . The information referred to in this Article shall yield per hectare in terms of hectolitres per hectare of be forwarded to the Commission in the form of a sche­ grape must or wine or in terms of decitonnes per hectare of grapes produced, with effect from the dule of tables to be adopted in accordance with proce­ 1979/80 wine-growing year, from the areas under dure laid down in Article 8 .

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Article 7 the absence of any opinion, the Commission shall without delay submit to the Council a proposal concerning the measures to be taken. 1 . The Commission shall study in consultation and The Council shall decide by a qualified continuing collaboration with the Member States : majority. (a) the results supplied ; (c) If no decision has been taken by the Council three months after a proposal has been (b) the technical problems raised by the surveys and the collection of information to be communicated, submitted to it, the proposed measures shall be adopted by the Commission. with particular reference to the Community defini­ tions relating to plantings/re-plantings and the definition relating to cessation of wine-growing ; Article 9 (c) the significance of the findings of the surveys and the information communicated . The necessary expenditure for the basic survey on the situation after the 1978/79 wine-growing year shall be 2. The Commission shall submit to the Council, covered up to a lump sum to be determined in the within one year of communication of the results by budget of the European Communities. the Member States concerned, these results together with a report on experience acquired during the basic surveys . Article 10

3. The Commission shall publish the results of the 1 . Article 1 of Regulation No 24 is hereby intermediate surveys and the annual information amended to read as follows : referred to in Article 6 as part of the annual reports provided for in Article 17 (4) of Council Regulation Article 1 (EEC) No 816/70 of 28 April 1970 laying down addi­ tional provisions for the common organization of the Member States shall keep a check by annual market in wine (1), as last amended by Regulation surveys on areas for the production of vegetative (EEC) No 2560/77 (2). propagation material for vines.'.

2. Article 3 ( 1 ) of Council Regulation (EEC) No 1388/70 of 13 July 1970 on general rules for the classi­ Article 8 fication of vine varieties (3), as last amended by Regula­ tion (EEC) No 418/74 (4), is hereby replaced by the 1 . Where the procedure laid down in this Article is following text : to be followed, the Chairman shall refer the matter to the Standing Committee for Agricultural Statistics, Article 3 hereinafter called the ' Committee', either on his own initiative or at the request of the representative of a 1 . Wine grape varieties and table grape varieties Member State . shall be classified for each of the following admi­ nistrative units or parts thereof : 2. The Commission representative shall submit to the Committee a draft of the measures to be taken . — the Regierungsbezirk in the Federal Republic of Germany, The Committee shall give its opinion on this draft within a time limit that may be set by the Chairman — the department in France, in accordance with the urgency of the matter. It shall — the province in Italy, act by a majority of 41 votes, the votes of Member States being weighted as laid down in Article 148 (2) — the entire national territory in the other of the Treaty. The Chairman shall not vote. Member States.'

3. (a) The Commission shall adopt the proposed Article 11 measures when they are in accordance with the opinion of the Committee. This Regulation shall enter into force on the third day (b) When the proposed measures are not in accor­ following its publication in the Official Journal of dance with the opinion of the Committee, or in the European Communities.

(') OJ No L 99, 5. 5. 1970, p. 1 . (3) OJ No L 153, 16. 7. 1970, p. 5. 0 OJ No L 303, 28 . 11 . 1977, p. 1 . (4) OJ No L 49, 21 . 2. 1974, p. 1 .

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

Done at Brussels, 10 May 1978 .

For the Council

The President

P. DALSAGER

ANNEX

List of departments or groups of departments referred to in Article 4 (3)

FRANCE 1 . Aude 18 . Côte-dOr, Nièvre, Saône-et-Loire, Yonne 2. Gard 19. Meurthe-et-Moselle, Meuse, Moselle, Vosges 3 . Hérault 20 . Bas-Rhin , Haut-Rhin 4 . Lozère 21 . Doubs, Jura, Haute-Saone, Territoire de 5. Pyrénées-Orientales Belfort 6 . Var 22. Loire-Atlantique, Maine-et-Loire, Sarthe, 7 . Vaucluse Vendée 8 . Bouches-du-Rhône 23 . Deux-Sevres, Vienne 9 . Gironde 24. Dordogne, Landes, Lot-et-Garonne, Pyrénées-Atlantiques 10 . Gers 1 1 . Charente 25 . Ariège, Aveyron, Haute-Garonne, Lot, Hautes-Pyrénées, Tarn, Tarn-et-Garonne 12 . Charente-Maritime 26. Correze, Haute-Vienne 13 . Ardèche 27. Ain, Drome, Isère, Loire, Rhone, Savoie, 14 . Aisne Haute-Savoie 15 . Seine-et-Marne 28 . Cantal, Allier, Haute-Loire, Puy-de-Dôme 16 . Ardennes, Aube, Marne, Haute-Marne 29. Alpes-de-Haute-Provence, Alpes-Maritimes 17. Cher, Eure-et-Loir, Indre, Indre-et-Loir, Loir-et-Cher, Loiret 30 . Corse-de-Sud, Haute-Corse