27 . 3 . 87 Official Journal of the European Communities No L 84 / 1 I (Acts whose publication is obligatory) COUNCIL REGULATION ( EEC ) No 822 / 87 of 16 March 1987 on the common organization of the market in wine THE COUNCIL OF THE EUROPEAN COMMUNITIES , in particular in the wine sector , to stabilize markets and ensure a fair standard of living for the agricultural community concerned ; whereas these objectives may be Having regard to the Treaty establishing the European attained by adjusting resources to needs , in particular Economic Community , and in particular Articles 42 and through the pursuit of a policy of quality ; 43 thereof, Having regard to the proposal from the Commission , Whereas a precise definition of products , in particular of table wine , which come within the scope of this Regulation Having regard to the opinion of the European is indispensable for the effective operation thereof; Parliament ( 1 ), Whereas the basic provisions concerning the organization of the market in wine have been amended a number of Whereas , following a period of rapid change in technology times since their consolidation by Regulation ( EEC ) and in methods of analysis , enough is now known about No 337/ 79 ( 2 ), as last amended by Regulation ( EEC ) rectified concentrated must for it to be defined more No 536 / 87 ( 3 ); whereas , by reason of their number, closely ; whereas , in addition, provision should be made for complexity and dispersal among various issues of the the possibility for the Council , acting on a proposal from Official Journal of the European Communities, the relevant the Commission by a qualified majority , to amend , if texts are difficult to use and thus lack the clarity which necessary , the definition of the product in question on the should be an essential feature of all legislation ; whereas basis of the development of the abovementioned they should therefore be consolidated anew ; knowledge ; Whereas the provisions of Council Regulation ( EEC ) No 340 / 79 of 5 February 1979 determining the types of Whereas the trend in the production of material for the table wines ( 4 ), as amended by Regulation ( EEC ) vegetative propagation of grape wines, in particular as No 3805 / 85 , should also be incorporated into this regards its breakdown by variety , allows the future Regulation ; development of wine-growing potential to be forecast ; whereas the Member States should therefore monitor this Whereas the operation and development of the common trend by means of annual surveys ; market in agricultural products must be accompanied by the establishment of a common agricultural policy to include in particular a common organization of agricultural Whereas the capacity to control the balance between markets which may take various forms depending on the supply and demand on the wine market depends on product ; knowing the production potential and on having an estimate of the volume of grape must and wine available Whereas the aim of the common agricultural policy is to each year ; attain the objectives set out in Article 39 of the Treaty and , Whereas a movement of vineyards may be noted towards land where conditions of cultivation are easier ; whereas (») OJ No C 283 10 . 11 . 1986 , p. 99 . this movement from the hills to the plains is not always ( 2 ) OJ No L 54 , 5 . 3 . 1979 , p. 1 . consistent with the natural suitability of land for wine­ ( 3 ) OJ No L 55 , 25 . 2 . 1987 , p. 1 . growing and is usually accompanied by an increase in ( 4 ) OJ No L 54 , 5 . 3 . 1979 , p. 60 . yields , sometimes at the expense of quality ; whereas , in No L 84 / 2 Official Journal of the European Communities 27 . 3 . 87 view of these considerations, it is necessary , for the purpose Whereas an exemption from this ban is justified , owing to of controlling production in terms of both quantity and their small size , in the case of new planting operations quality , to establish a classification, according to natural carried out in the Member States which produce annually suitability for wine-growing, of the land under vines less that 25 000 hectolitres of wines and , in view of their intended for the production of wine and of the land which intended use , in the case of new planting of vine varieties could be used for growing such vines ; classified solely as table grape varieties ; Whereas suitability for wine-growing and alternatives to vineyards for the various areas are based on natural criteria , in particular soil , climate and terrain ; whereas an Whereas Member States should also be allowed to analysis of Community vineyards in the light of such authorize new planting to be carried out in the context of criteria leads to a classification of areas into three consolidation or compulsory purchase in the public interest categories ; and new planting carried out under development plans which meet the conditions laid down by the Council in the framework of measures to improve the efficiency of Whereas climatic conditions have a fundamental influence agricultural structures ; whereas, however, experience has on the natural alcoholic strength by volume of wines shown that it is advisable not to give that possibility to which is used as a basis for dividing Community wine­ Member States where the production of quality wines psr growing zones can therefore be considered as reflecting constitutes a predominant part of total wine production; climatic conditions and , accordingly , be used as a basis for classifying areas under vines ; Whereas Member States should be allowed to authorize Whereas the influence of the soil and the terrain on the new planting in respect of areas intended for the cultivation quality of a product is strictly conditional upon climatic of mother plantations after the period during which aid for conditions ; whereas the use of such factors as classification the abandonment of such areas is granted , and in respect of criteria must be adjusted to take the climate into account ; areas used for experiments , since the produce of such areas whereas in one particular case , however , reference to a is not directly intended for the wine market ; wine-growing zone does not make it possible to take sufficiently precise account of climatic influences ; whereas, therefore, it is necessary to adjust the criteria for classifying areas even within that particular wine-growing zone ; Whereas some wine growers have acquired rights under various national laws to carry out new planting; whereas Whereas climatic and soil conditions in wine-growing the restoration of market balance could be jeopardized if zone A and in the German part of wine-growing zone B do certain of those rights were exercised during the period not justify the inclusion of areas belonging to these zones in when new planting is prohibited ; whereas undeniable Category 2 ; public interest therefore requires the exercise of such rights to be suspended during than period and their validity to be extended by an equivalent period ; Whereas the situation of the wine market with its large surpluses is deteriorating very rapidly and is likely , in particular in the Community's present financial situation , to jeopardize the attainment of the objectives of Article 39 of the Treaty because of the excessive pressure brought to Whereas the structural surpluses which are currently a bear on poducers' incomes ; feature of the wine sector require that the Community's wine-growing potential be reduced ; whereas such a reduction may be achieved , albeit gradually , by restricting the exercise of replanting rights ; whereas the conditions Whereas , in the light of experience gained in managing the under which the replanting of vines may take place should market in wine and of studies carried out , it seems essential be laid down ; to provide for the structural measures needed to balance the market ; whereas this does not seem possible unless there is a temporary ban on new planting ; Whereas , under the rules concerning the control of Whereas it is , however, appropriate that provision be made planting, experience has shown the advisability of limiting for derogations to be granted for areas intended for the producers' obligations as regards notification only to the production of quality wines produced in specified regions , notification of operations carried out ; it is, however , hereinhafter referred to as 'quality wines psr', for which advisable to allow Member States who so wish to obtain demand could by far exceed supply ; whereas, this being so , notification before the occurrence of the operations so as to limits on the planting rights acquired under authorizations ensure compliance with the national measures taken in already granted are justified ; implementation of Community provisions; 27 . 3 . 87 Official Journal of the European Communities No L 84 / 3 Whereas detailed information should be provided ; whereas subject to certain conditions and limits and that it be the Commission should continue to make a report each applied only to products obtained form certain vine year to the Council on the development of wine-growing varieties and of a minimum potential natural alcoholic potential ; whereas that report should be based on strength ; whereas, since production conditions vary information provided by the producer Member States , considerably between one wine-growing zone of the collected in the form of individual declarations by Community and another, it is essential that account be producers ; taken of such variations , in particular in respect of enrichment