Council Regulation (EEC) No 357/79 (repealed)Dangos y teitl llawn

Article 1 U.K.

1. Member States on whose territory the total area of vines cultivated in the open air is not less than 500 hectares shall carry out:

• every 10 years basic surveys on the area under vines; the first basic survey shall be carried out in 1979, or before 1 April 1980 at the latest, and shall relate to the situation after grubbing and planting in the 1978/79 wine-growing year,

• annually from the second year after the basic surveys, intermediate surveys on the changes taking place in the areas under vines of wine grape varieties; the first intermediate survey shall be carried out in 1981 and shall relate to changes during the two wine-growing years 1979/80 and 1980/81.

[F1 However, the first basic survey in Italy may be completed by 31 October 1982 and shall relate to the situation after grubbing and planting in the 1981/82 wine-growing year. The first intermediate survey in this Member State shall be carried out in 1984 and shall relate to changes during the two wine-growing years 1982/83 and 1983/84.]

[F2 The first intermediate survey to be carried out in the territory of the former German Democratic Republic shall take place not later than two years after the first basic survey.]

[F3 If a Community survey on the structure of agricultural holdings on the basis of Regulation (EEC) No 571/88 (1) is scheduled within a maximum of 12 months in relation to the basic survey provided for in the first indent of the first subparagraph, both surveys may be carried out simultaneously. Member States shall inform the Commission in advance of their intention to make use of this provision.]

[F1 2. The wine-growing year shall be that fixed on the basis of Article 5 (4) of Regulation (EEC) No 337/79.]

Textual Amendments

F1 Inserted by Council Regulation (EEC) No 3719/81 of 21 December 1981.

F2 Inserted by Council Regulation (EEC) No 3570/90 of 4 December 1990.

F3 Inserted by Council Regulation (EC) No 2329/98 of 22 October 1998 amending Regulation (EEC) No 357/79 on statistical surveys of areas under vines.

[F4 Article 1a U.K.

The Hellenic Republic shall carry out the first basic survey in accordance with the provisions of this Regulation as from 1982.

However, for 1981, the Hellenic Republic undertakes to supply the data required in Article 5.]

Textual Amendments

F4 Inserted by Act concerning the conditions of accession of the Hellenic Republic and the Adjustments to the Treaties.

[F5 Article 1b U.K.

The Kingdom of Spain shall conduct the first basic survey in 1987 in accordance with this Regulation. This survey shall cover the situation after grubbing, new planting, or replanting in the 1986/87 wine-growing year.

The Portuguese Republic shall conduct the first basic survey in 1989. This survey shall cover the situation after grubbing, new planting or replanting in the 1988/89 wine-growing year.]

Textual Amendments

F5 Inserted by Council Regulation (EEC) No 490/86 of 25 February 1986.

[F6 [F7 Article 1c U.K.

The Republic of Austria shall conduct the first basic survey in 1999. This survey shall cover the situation after grubbing, new planting, or replanting in the 1998/1999 wine-growing year.] ]

Textual Amendments

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Inserted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

Article 2 U.K.

1. The basic surveys shall cover all holdings having a cultivated area under vines normally intended for the production for sale of grapes, grape must, wine or vegetative propagation material for vines.

2. During the basic surveys, the following particulars shall be recorded for each holding referred to in paragraph 1:

A.

agricultural area in use;

B.

area under vines cultivated.

The area under vines cultivated is to be broken down according to its normal production use into:

(a)

the area under wine grape varieties, further broken down into:

• quality wines psr,

• other wines:

  • including wine compulsorily intended for the manufacture of certain potable spirits obtained from wine with a registered designation of origin;

(b)

the area under table grape varieties;

(c)

the area planted with root-stock for future grafting;

(d)

the area cultivated solely for the production of vegetative propagation material for vines subdivided into:

• nurseries,

• parent vines for root-stock;

(e)

[F4 the areas under grapes intended for drying.]

Varieties which are classified simultaneously as wine grape varieties and table grape varieties shall be recorded according to their predominant use in the geographical units concerned.

3. During the basic surveys, the following particulars shall be recorded for the area under wine grape varieties:

A.

Vine varieties

In the Member States concerned, a separate record shall be made for each geographical unit referred to in Article 4 (3) of those vine varieties which together constitute at least 70% of the total area under wine grape varieties, and, in any case, of those varieties which constitute 3% or more of the said area. The remaining varieties may be grouped together according to the colour of the grapes.

[F3 However, as regards the 1999 basic survey, the Portuguese Republic may transmit information on vine varieties which together represent at least 53 % of the total area under wine grape vines.]

B.

Age of the vines

The age of the vines shall be calculated from the wine-growing year in which they were planted or grafted. The age groups shall be established for each Member State concerned in accordance with the procedure laid down in Article 8.

4. This Regulation shall not affect any provisions in the Member States providing for surveys of the areas under vines which include, together with the information referred to in paragraphs 2 and 3, additional information obtained, for example, as a result of a wider field of enquiry than that referred to in paragraph 1 or from a more detailed specification of the particulars of the areas under vines and the holdings concerned. Such additional results must also be forwarded to the Commission.

Textual Amendments

F3 Inserted by Council Regulation (EC) No 2329/98 of 22 October 1998 amending Regulation (EEC) No 357/79 on statistical surveys of areas under vines.

F4 Inserted by Act concerning the conditions of accession of the Hellenic Republic and the Adjustments to the Treaties.

Article 3 U.K.

1. The Member States concerned shall submit to the Commission before 30 September of the preceding year a detailed description of the methods to be used for the basic surveys and, where appropriate, of the sampling plan.

2. The Member States concerned shall take suitable measures to limit and, where necessary, to estimate errors of observation for the total area under vines cultivated for each type of production use referred to in Article 2 (2) (B).

3. The basic surveys may either be exhaustive, or based on random sampling. As regards the results of the basic surveys carried out by random sampling, the Member States shall take all the necessary measures to ensure that the sampling error at the 68% confidence level shall be of the order of 1% at most for the survey particulars referred to in Article 2 (2) (B) within the geographical units concerned. The samples shall include holdings of all sizes.

[F3 4. Member States which have completed the establishment of the vineyard register at national level or in certain regions and which update it annually, in accordance with Regulation (EEC) No 2392/86, may use the data in the vineyard register as a source for communicating to the Commission the basic-survey information.]

Textual Amendments

F3 Inserted by Council Regulation (EC) No 2329/98 of 22 October 1998 amending Regulation (EEC) No 357/79 on statistical surveys of areas under vines.

Article 4 U.K.

1. The Member States concerned shall notify the Commission of the results of the basic surveys as soon as possible but not later than 15 months after completion of the field work.

2. The results of the basic surveys shall be submitted by geographical unit in the form of a schedule of tables to be adopted in accordance with the procedure laid down in Article 8.

[F5 3. The geographical units referred to in paragraph 2, Article 2 (2) (B) and (3) (A) and Article 3 (3) are:

• in the Federal Republic of Germany: the wine-growing regions defined in accordance with Article 3 of Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specific regions (2) , as last amended by Regulation (EEC) No 3687/84 (3) ,

• in Greece: the wine-growing regions referred to in the Annex,

• in Spain: the regions referred to in the Annex,

• in France: the départements or groups of départements listed in the Annex,

• in Italy: the provinces,

• [F8 in Bulgaria, the Czech Republic, Hungary, Malta, Romania, Slovenia, Slovakia: the regions listed in the Annex hereto,]

• in Portugal: the regions referred to in the Annex,

• in the other Member States concerned: their entire national territory.]

4. Member States which process their basic survey results electronically shall submit these results in a machine-readable form, to be determined in accordance with the procedure laid down in Article 8.

Textual Amendments

F5 Inserted by Council Regulation (EEC) No 490/86 of 25 February 1986.

F8 Substituted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania.

Article 5 U.K.

1. The intermediate surveys shall cover the area under vines of wine grape varieties in the holdings referred to in Article 2 (1) and shall relate to changes which have taken place in that area during the preceding wine-growing year; however, the first intermediate surveys following the basic surveys shall relate to the changes during the previous two wine-growing years.

• During the intermediate surveys the areas under vines which:

  • have been grubbed or are no longer cultivated,

  • [F9 have been replanted within the meaning of Annex IVa (d) to Regulation (EEC) No 337/79 and, separately, those which have been newly planted within the meaning of Annex IVa (e) to that Regulation,]

  shall be recorded for the areas normally used for the production of:

  • quality wines psr,

  • other wines:

    • including wines compulsorily intended for the manufacture of certain potable spirits obtained from wine with a registered designation of origin,

  by the vine variety and at least by the yield classes referred to in Article 6 (2). Any figures relating to the grubbing and planting of vines obtained as a result of the implementation of other Community provisions shall be taken into consideration.

3. The intermediate surveys may be either exhaustive or based on random sampling. As regards the results of the intermediate surveys carried out by random sampling, the Member States concerned shall take all necessary measures to ensure that the sampling error at the 68% confidence level shall be of the order of 3% at most for the whole of the cultivated area under vines normally intended for the production of wine grapes in the geographical units concerned.

[F4 4. The Member States concerned shall submit to the Commission before 30 June 1980, [F6 [F7 and in the Hellenic Republic and the Republic of Austria] ] at the time of accession, a detailed description of the methods to be used for intermediate surveys; advance notice shall be given of any change in such methods.]

[F1 However, Italy may submit this detailed description before 30 June 1983.]

[F5 The Kingdom of Spain shall forward this detailed description by 30 June 1987 and the Portuguese Republic by 30 June 1990.]

[F10 4a. The Commission shall examine in close collaboration with the Member States concerned whether the conditions governing the use of the data from the vineyard register for statistical purposes have been fulfilled.]

5. The Member States concerned shall submit the results of the intermediate surveys to the Commission before 1 May of the year following the wine-growing years concerned. They shall be broken down into the geographical units set out in Article 4 (3) in the form of a schedule of tables to be adopted in accordance with the procedure laid down in Article 8.

6. Member States which process their intermediate survey results electronically shall submit the results referred to in paragraph 5 in a machine-readable form, to be determined in accordance with the procedure laid down in Article 8.

Textual Amendments

F1 Inserted by Council Regulation (EEC) No 3719/81 of 21 December 1981.

F4 Inserted by Act concerning the conditions of accession of the Hellenic Republic and the Adjustments to the Treaties.

F5 Inserted by Council Regulation (EEC) No 490/86 of 25 February 1986.

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Inserted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

F9 Inserted by Council Regulation (EEC) No 1992/80 of 22 July 1980.

F10 Inserted by Council Regulation (EC) No 3205/93 of 16 November 1993.

Article 6 U.K.

[F5 1. The Member States concerned shall forward to the Commission, for each wine-growing year, the mean yield per hectare, of hectolitres per hectare, of grape must or wine or decitonnes per hectare, of grapes produced for the areas under vine of wine grape varieties, broken down into the yield classes referred to in paragraph 2.

This data shall be forwarded with effect from the 1979/80 wine-growing year for Germany, France and Luxembourg, 1982/83 for Italy and Greece, 1987/88 for Spain and 1989/90 for Portugal, [F6 [F7 from 1999/2000 for Austria] ] .]

2. The Member States concerned shall subdivide the areas under the vines cultivated with wine grape varieties as recorded in the basic surveys into yield classes based upon the mean yield per hectare referred to in paragraph 1 and established in accordance with the procedure laid down in Article 8.

3. The Member States concerned shall estimate the future trends over five wine-growing years in average yields per hectare for each yield class referred to in paragraph 2, taking into account agronomic and economic developments.

4. The information referred to in paragraphs 1, 2 and 3 shall be broken down by the geographical units referred to in Article 4 (3), distinguishing between the areas under vines of varieties normally intended for the production of:

• quality wines psr,

• other wines:

  • including wines compulsorily intended for the manufacture of certain potable spirits obtained from wine with a registered designation of origin.

[F5 5. The Member States concerned shall communicate to the Commission, for each wine-growing year and broken down by geographical units, estimates of the mean natural alcoholic strength by percentage vol. or in Öchsle degrees of the fresh grapes, grape musts or wines produced in the areas under vines of wine grape varieties normally intended for the production of:

• quality wines psr,

• other wines:

  • including wines compulsorily intended for the manufacture of certain spirits obtained from wine with a registered designation of origin.

These data shall be communicated with effect from the 1979/80 wine-growing year for Germany, France and Luxembourg, 1982/83 for Italy and Greece, 1987/88 for Spain and 1989/90 for Portugal.

6. The annual information referred to in paragraphs 1 and 5 shall be communicated before 1 April following each wine-growing year. The information on the yield classes referred to in paragraph 2 shall be submitted within the period laid down in Article 4 (1). The estimate of future trends in average yields per hectare referred to in paragraph 3 shall be submitted:]

• [F6 [F7 for the first time before 1 October 1981 for Germany, France and Luxembourg, before 1 October 1984 for Italy and Greece, before 1 October 1991 for Spain and Portugal, and before 1 October 1996 for Austria,] ]

• [F5 thereafter every five years before 1 April except for the second estimate by Italy and Greece which shall be submitted after two years.]

7. The information referred to in this Article shall be forwarded to the Commission in the form of a schedule of tables to be adopted in accordance with the procedure laid down in Article 8.

Textual Amendments

F5 Inserted by Council Regulation (EEC) No 490/86 of 25 February 1986.

F6 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F7 Inserted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

[F10 Article 6a U.K.

The Member States which have introduced the vineyard register at national level or in some regions and which update it annually, as provided for in Regulation (EEC) No 2392/86, may communicate to the Commission the annual information laid down in Articles 5 and 6 of this Regulation, using the data in the vineyard register as their source.]

Textual Amendments

F10 Inserted by Council Regulation (EC) No 3205/93 of 16 November 1993.

Article 7 U.K.

1. The Commission shall study in consultation and continuing collaboration with the Member States:

(a) the results supplied;

(b) the technical problems raised by the surveys and the collection of information to be communicated, with particular reference to the Community definitions relating to plantings/replantings and the definition relating to cessation of wine-growing;

(c) the significance of the findings of the surveys and the information communicated.

2. The Commission shall submit to the Council, within one year of communication of the results by the Member States concerned, these results together with a report on experience acquired during the basic surveys.

[F9 3. The Commission shall publish the results of the intermediate surveys and the annual information referred to in Article 6 as part of the annual reports provided for in Article 30c (2) of Regulation (EEC) No 337/79.]

Textual Amendments

F9 Inserted by Council Regulation (EEC) No 1992/80 of 22 July 1980.

[F11 Article 8 U.K.

1. The Commission shall be assisted by the Standing Committee for Agricultural Statistics, hereinafter referred to as ‘ the Committee ’ .

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (4) shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.]

Textual Amendments

F11 Substituted by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty.

[F5 Article 9 U.K.

The necessary expenditure for the basic survey on the situation after the 1978/79 wine-growing year, in Germany, France and Luxembourg, after the 1981/82 wine-growing year for Italy and Greece, after the 1986/87 wine-growing year in Spain and after 1988/89 in Portugal shall be covered by the Community up to a flat-rate sum to be determined.]

Textual Amendments

F5 Inserted by Council Regulation (EEC) No 490/86 of 25 February 1986.

Article 10 U.K.

1. Council Regulation (EEC) No 978/78 of 10 May 1978 on statistical surveys of areas under vines(5) is hereby repealed.

2. References to the Regulation repealed by paragraph 1 shall be construed as references to this Regulation.

Article 11 U.K.

This Regulation shall enter into force on 2 April 1979.