7.9.93 Official Journal of the European Communities No L 226/1 (Acts whose publication is obligatory) COMMISSION REGULATION (EEC) No 2462/93 of 6 September 1993 amending Regulation (EEC) No 2314/72 on certain measures for examining the suitability of vine varieties for cultivation THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2389/89 of 24 July 1989 on general rules for the classification of vine varieties ('), as amended by Regulation (EEC) No 3577/90 (%) and in particular Article 12 (3) thereof, Whereas, in view of the technical progress in viticultural research, Regulation (EEC) No 2314/72 of the Commis- sion (%), as amended by Regulation (EEC) No 3296/80 (%), should be amended to enable the Member States to use new experimental protocols which are more in line with the current aims of varietal selection ; Whereas it is necessary to specify what happens to plan- tings after experiments and to the rights which attach to them ; Whereas transitional provisions should be laid down to take account of the results of examinations performed in accordance with the provisions applicable up to 31 August 1993; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2314/72 is amended as follows : 1. The first subparagraph of Article 2 (2) is replaced by the following : () OJ No L 232, 9. 8. 1989, p. 1. () OJ No L 353, 17. 12. 1990, p. 23. () OJ No L 248, 1. 11. 1972, p. S3. () OF No L 344, 19. 12. 1980, p. 13. “The Member States concerned shall create, for their territory, a committee to examine vine varieties, responsible for monitoring the organization and conduct of the tests. 2. Article 3 (2) (d) (aa) is replaced by the following: “(aa) a detailed description of behaviour towards phyl- loxera, viruses and virus-transmiting nematodes compared with that of the control variety or vari- eties ; 3. The following Article 4a is inserted : ‘Article 4a Member States shall notify the Commission of the measures envisaged pursuant to this Regulation prior to their implementation; such notification shall contain a description of the entire process of exami- nation of new varieties or of varieties already entered in the classification for (an)other administrative unit(s), in particular the framework protocols of the trials permitted in the various cases’ 4. Article 6 is replaced by the following: ‘Article 6 Until the end of the 1998/99 winegrowing year, examinations carried out in accordance with provi- sions applicable up to 31 August 1993 may be taken into consideration in deciding whether to accept the vine variety for classification.’ 5. The following Article 6a is inserted : ‘Article 6a At the end of the examination, if the variety examined has not proven satisfactory, plots planted to the said variety shall be grubbed up; such grubbing shall not give rise to entitlement to a Community premium and must be be carried out prior to the end of the winegrowing year following the end of the examination.