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CHAPTER I
The viticultural production
Section 1
Vinegrowing areas
Art.
1. — In Romania, grapevine is predominanitly grown in areas
traditionally assigned for this activity, located especially in the hilly
regions, on sands as well as on other lands endowed with favourable conditions.
The areas destined for grapevine growing, called viticultural areas, shall be subject to territorial delimitation.
Art. 2. — (1) Grapevine plantations are territorially
groupcd in viticultural regions, vineyards, viticultural centers, and
vinegrowing lands. Their definitions are given in annex no. 1.
(2) The
grapevine plantations located outsidc the delimited perimetcr of vineyards and
viticultural centers are considered scattered vines.
Art. 3. — The following classes of plantations and
lands belong to the natioiial viticultural patrimony:
a) fruit yielding
vine plantations, stock plantations, mother-plantations providing scions or
cuttings for roling and vine-nurseries;
b) lands from
viticultural areas cleared off by grubbing thc vines, and under preparation for
being planted;
c) other Iands
within the viticultural areas which, by their setting, complete or unite the
existing viticultural massifs, and which prcsent favourable conditions for
growing grape-vine.
Art.
4. — (1)
The Ministry of Agriculture and Food Inidustry shall carry out and update
the works concerning the delimitation of the viticultural areas, those destined
for the production of wines and other viticultural and enological products
with denominations of origin.
(2) Viticultural
areas delimited for thc production of wines, or inust- and wine- based
products, and of table grapes with denominations of origin inclnde the lands
located in a vineyard or in a viticultural centcr which, owing to the natural
conditions, to the grape varieties that are grown and to the vinegrowing
technologies applied, permit to obtain high quality products characterized by
the originality of their quality properties enabling them to bear the
denomination of the place whcre they were produced.
Art. 5. — (1) The territorial delimitation works of the
viticultural areas shall be distinctly recorded in the Agricultural cadastre
as a rccording subsystem to be called thc Viticultural Cadastre, aiming at:
a) establishing
the perimeters of thc viticultural areas in which the land classes providcd
under art. 3 shall be included;
b) identifying
and delimiting the production areas of the wines with denomination of origin:
c) keeping the
record of viticultural plantations and of lands suitable for being planted with
grapevine, by holders and land plots.
(2) The
Ministry of Agriculture dnd Food Industry together
with
the National Office of the Cadastre, Geodesy and
Cartography
shall establish norms for setting up thc Viticultural
Cadastre,
taking into account the general provisions of the Law
No.
7/1996 on thc cadastre and real
estate publicity.
Section 2
Production of viticultural
planting material
Art. 6. — (1) The following classes of planting
material are admitted in viticulture:
a) grafted
vines;
b) ungrafted
viiies from yielding varieties;
c) stock vines.
(2) Grafted
vines may be planted on any type of soil, and ungrafted ones only on sands.
(5) The
following classes of propagation rnaterial are admitted for the production of
vines:
a) scions;
b) cuttings from
yielding varieties for rooting;
c) stock
cuttings for grafting or rooting.
(4) The
propagation material provided under para. (3) ought to come from specialized
mother-plantations or from viticultural plantations recognized nnd authorized
for propagation.
Art. 7. — The production, quality control, and marketing of the viticultural planting material, as well as of the propagation material shall be made with observance of the provisions under Law No. 75/1995 on the production, quality control, marketing, and use of seed and planting material as well as the registration of the varieties of agricultural plants.
Section 3
Establishment of viticultural plantations,
their maintenance and clearing off
Art. 8. — (1) The grapevine varieties under
cultivation shall be classified under the following heads: recommended,
authorized, tolerated, and prohibited.
(2) The Ministry of Agriculture and Food
Industry shall ensure the elaboration of the zoning work of the grapevine
varieties recommended and authorized for cultivation within the framework of
each area and its periodieal updating.
Art. 9.
— Thc establishmcnt of grapevine plantations shall be
pre-eminently made in the delimitcd viticultural areas. On lands outside
viticultural areas may be established plantations destined only for the
satisfaction of local consumption, preferably on areas merged close to
localities, especially located on the slopes of the hills, on riverside
terraces, or on other lands less favourable for other agricultural crops.
Art. 10. — (1) In viticultural areas or beyond the
confines of localities outside viticultural areas, the establishment of grapevine
plantations on areas of more than 0.1 ha per economic agent or per family,
and the extension beyond this limit of the existing ones can be made only
on the basis of a planting authorization issued by the county departments
general for agriculture and food industry in keeping with tbe application
regulations of the present law. To obtain a planting authorization on areas
greater than three hectares, the petitioner has to present a project for establishing
the viticultural plantation, advised by the zonal viticultural research unit.
(2) By family in the
sense of the present law shall be understood a man and wifc with their
unmarried children, if they keep household together with their parents.
(3) The departments-general for
agriculture and food industry of each county shall inform the loeal public
administration authorities in whose territorial radius is situated the land for
which the planting authorization was issued.
Art. 11.
— (1) The establishment of grapevine plantations on areas above 0.1 ha per
economic agent or per family as well as the extension of the existing ones over
and above this area shall be made only with recommended and authorized
varieties. The modification of the assortment in the already existing
plantations by overgrafting can be made only by using varieties from these
categories.
(2) Thc
plantation of direct producer hybrids in viticultural areas and in the areas
outside the boundary of localities situated outsidc viticultural areas as well
as the use of planting material coming from vines of direct producer hybrids
for being planted in the voids of the vine plantations including nob1e varieties
from the locations mentioned shall be strictly prohibitcd.
(3) Within
the boundary of localities outside the viticultural areas, the plantation of
direct producer hybrids may be made on an area of no more than 0.1 ha per
economic agent or per family only for providing the family supply for their own
consumption.
(4) Nonobservance
of the provisions under paragraphs (2) and (5) shall, in addition to
sanctioning with an infringement fine according to the prcsent law, be
sanctioned with clearing off the plantation. In case the offender fails to
comply with the clearing off measure within not more than six months after thc
finding of the deed, the department-general for agriculture and food industry
of the county shall proceed to clearing off the plantation at the expense of
the offender.
Art. 12. — (1) Holders of viticultural plantations
shall be under an obligation of carrying out the maintenance works in the vine
plantations. especially the disease and pest control treatments, under adequate
technical conditions and in optimal time periods, in keeping with the
provisions of the alpplication regulations of the present law.
(2) Vine plantations assigned for the production of
wines with denomination of origin shall be subject to special control condition
with regard to the observance of vinegrowing conditions established by the tcchnical norms issued by the
National Office of Denominations of Origin for Wines and other Viticultural and
Enological Products (O.N.D.O.V), on the basis of an order of the minister of
agriculture and food industry by which thc right of production of the wine with
a denomination of origin was grantcd.
(3) Soil
ameliorative works and water projects shall not be destroyed or damagcd by the
works carried out.
Art. 13. — Grapevine
plantations having an area of more than 0.1 ha shall be cleared off only on
the basis of an authorization in this respect issued by the department-general
for agriculture and food industry of the county, according to the norms established
by the Ministry of Agricu1ture und Food lndustry.
Section 4
Grape
production
Art. 14. (1) Depending on their technologica1
properties, grapes may have the following dcstinations:
a) to be
consumed as fresh grapes;
b) to be
used in winemaking;
c) to be processed in order
to produce: raisins and/or black currants, juices, sweets, stewed grapes, and
concentrated musts.
(2) Table
grapes for being marketed as fresh grapes shall meet the quality norms
established by standards. Table grape varieties improper for being consurned as
fresh grapes may be subject to winemaking. Wines thus obtained may become
marketable output only as wines for current consumption, but they may also be
useful in producing wine distillates and vinegar.
(3) Table
grapes obtained from certain varieties cultivated in areas endowed with
favourable conditions, recognized for their vocation, characterized by
particular quality properties established by technical norms elaborated by the
Ministry of Agriculture and Food Industry may be turned tu account with their
denomination of origin.