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( 1 ) OJ NO L 135 , 24 . 5 . 1976 , P . 34 .

COMMISSION REGULATION ( EEC ) NO 2034/76 OF 17 AUGUST 1976 LAYING DOWN DETAILED RULES AND CONDITIONS FOR THE GRANTING OF THE CONVERSION PREMIUM IN THE WINE SECTOR

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1163/76 OF 17 MAY 1976 ON THE GRANTING OF A CONVERSION PREMIUM IN THE WINE SECTOR ( 1 ) , AND IN PARTICULAR ARTICLES 2 ( 4 ) , 4 ( 6 ) AND 5 ( 3 ) THEREOF ,

WHEREAS , IN ORDER THAT THE OBJECTIVES OF REGULATION ( EEC ) NO 1163/76 MAY BE ACHIEVED , THE CONDITIONS FOR THE GRANTING OF THE PREMIUM PROVIDED FOR IN THAT REGULATION SHOULD BE SPECIFIED ; WHEREAS TO THIS END PROVISION SHOULD BE MADE TO DEFINE THE RECOMMENDED OR AUTHORIZED VARIETIES WHICH MAY BE GRUBBED UP ;

WHEREAS THE PROVISIONS OF ARTICLE 4 ( 1 ) ( C ) OF REGULATION ( EEC ) NO 1163/76 DO NOT APPLY TO AREAS USED AS MOTHER PLANTATIONS ;

WHEREAS , TO ENSURE THAT THE SYSTEM IS EFFECTIVE , IT IS ESSENTIAL TO SPECIFY THE INFORMATION TO BE GIVEN IN APPLICATIONS FOR PREMIUMS AND TO CHECK THE ACCURACY OF SUCH INFORMATION ;

WHEREAS BEFORE THE PREMIUM IS PAID STEPS SHOULD BE TAKEN TO CHECK THAT GRUBBING HAS ACTUALLY TAKEN PLACE ; WHEREAS FOLLOWING SUCH A CHECK A CERTIFICATE SHOULD BE ISSUED TO THE GROWER AS PROOF THAT HE HAS IN FACT GRUBBED UP THE VINES IN QUESTION ;

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

THE LIST , AS REFERRED TO IN THE THIRD INDENT OF ARTICLE 2 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1163/76 , OF AUTHORIZED OR RECOMMENDED VARIETIES OF WINE AND TABLE GRAPE SHALL BE AS SET OUT IN THE ANNEX HERETO .

ARTICLE 2

1 . FOR THE PRUPOSES OF ARTICLE 4 OF REGULATION ( EEC ) NO 1163/76 :

( A ) " AREA UNDER VINES OF AVERAGE PRODUCTIVITY " SHALL MEAN THOSE VINEYARDS WHOSE PRODUCTION PER HECTARE , ON THE BASIS OF AGE , STATE OF UPKEEP AND THE PROPORTION OF MISSING PLANTS , AS RECORDED BY THE COMPETENT AUTHORITY APPOINTED BY THE MEMBER STATE CONCERNED , MAY BE PRESUMED IN NORMAL CONDITIONS TO EXCEED THAT REFERRED TO UNDER ( B ) ;

( B ) " AREA UNDER VINES OF LOW PRODUCTIVITY " SHALL MEAN THOSE VINEYARDS WHOSE PRODUCTION PER HECTARE , ON THE BASIS OF AGE , STATE OF UPKEEP AND THE PROPORTION OF MISSING PLANTS , AS RECORDED BY THE COMPETENT AUTHORITY APPOINTED BY THE MEMBER STATE CONCERNED , MAY BE PRESUMED IN NORMAL CONDITIONS TO BE LESS THAN 50 % OF THE AVERAGE YIELD IN THE MEMBER STATE CONCERNED OVER THE LAST THREE WINE-GROWING YEARS PRECEDING THAT IN WHICH THE PREMIUM IS APPLIED FOR ;

( C ) " AREA UNDER VINES GROWN AS A SPECIALIZED CROP USING AN UPRIGHT CULTIVATION METHOD RESULTING IN CONSIDERABLE VEGETATIVE GROWTH IN A HORIZONTAL PLANE " SHALL MEAN :

- THOSE VINEYARDS CULTIVATED ACCORDING TO THE " TENDONE " METHOD ,

- THOSE VINEYARDS GROWN AS A SPECIALIZED CROP USING ANOTHER UPRIGHT CULTIVATION METHOD RESULTING IN CONSIDERABLE VEGETATIVE GROWTH IN A HORIZONTAL PLANE AND WHOSE PRODUCTION PER HECTARE , ON THE BASIS OF AGE , STATE OF UPKEEP AND THE PROPORTION OF MISSING PLANTS , AS RECORDED BY THE COMPETENT AUTHORITY OF THE MEMBER STATE CONCERNED , MAY BE PRESUMED IN NORMAL CONDITIONS TO EXCEED BY NOT LESS THAN 50 % THE AVERAGE YIELD IN THE MEMBER STATE CONCERNED OVER THE LAST THREE WINE-GROWING YEARS PRECEDING THAT IN WHICH THE PREMIUM IS APPLIED FOR .

2 . AREAS USED AS MOTHER PLANTATIONS SHALL BE CLASSIFIED ACCORDING TO THE DEFINITIONS GIVEN IN PARAGRAPH 1 ( A ) AND ( B ) .

3 . FOR THE PURPOSES OF ARTICLE 4 ( 3 ) OF REGULATION ( EEC ) NO 1163/76 , MIXED CULTIVATION AREAS SHALL BE CONVERTED INTO SPECIALIZED CULTIVATION AREAS BY CONSIDERING THEIR PRODUCTION IN RELATION TO THE AVERAGE PRODUCTION OF THE SPECIALIZED CULTIVATION AREAS IN THE ADMINISTRATIVE UNIT CONCERNED .

ARTICLE 3

1 . WHERE THEY APPLY THE PROVISIONS OF THE FIRST INDENT OF ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 1163/76 , MEMBER STATES SHALL SATISFY THEMSELVES THAT THE CONDITION STATED THEREIN IS SATISFIED .

2 . WHERE THEY APPLY THE PROVISIONS OF THE SECOND INDENT OF THE SAID PARAGRAPH , MEMBER STATES SHALL GRANT THE EXTRA PREMIUM ONLY IN RESPECT OF VINEYARDS WHOSE PRODUCTION PER HECTARE , ON THE BASIS OF AGE , STATE OF UPKEEP , THE PROPORTION OF MISSING PLANTS AND THE NATURE OF THE TERRAIN , AS RECORDED BY THE COMPETENT AUTHORITY OF THE MEMBER STATE CONCERNED , MAY BE PRESUMED IN NORMAL CONDITIONS TO EXCEED BY NOT LESS THAN 50 % THE AVERAGE YIELD IN THE MEMBER STATE CONCERNED OVER THE LAST THREE WINE-GROWING YEARS PRECEDING THAT IN WHICH THE PREMIUM IS APPLIED FOR .

ARTICLE 4

EVERY APPLICATION FOR A PREMIUM SHALL INCLUDE AT LEAST THE FOLLOWING PARTICULARS :

- THE APPLICANT'S NAME AND ADDRESS AND THE CAPACITY IN WHICH HE CULTIVATES THE VINEYARD FOR WHICH THE CONVERSION PREMIUM IS REQUESTED ;

- THE AREA UNDER VINES GROWN AS A SPECIALIZED CROP OR AS A MIXED CROP ;

- THE INFORMATION NECESSARY IN ORDER TO IDENTIFY THE AREAS FOR THE CONVERSION OF WHICH THE PREMIUM IS REQUESTED ;

- THE AREA , EXPRESSED IN HECTARES , ARES OR CENTIARES , CONVERED BY THE VINES TO BE GRUBBED ;

- THE AGE AND METHOD OF CULTIVATION OF THE VINES TO BE GRUBBED ;

- THE VARIETIES CONCERNED ;

- THE ANTICIPATED DATE FOR GRUBBING .

ARTICLE 5

AFTER RECEIPT OF THE APPLICATION , THE COMPETENT AUTHORITY SHALL :

- VERIFY THE PARTICULARS REFERRED TO IN ARTICLE 4 ;

- REGISTER THE UNDERTAKINGS PROVIDED FOR IN ARTICLE 3 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 1163/76 ;

- EXTRACT THE DATA REQUIRED IN ORDER TO DETERMINE THE AMOUNT OF THE PREMIUM IN ACCORDANCE WITH ARTICLE 2 ;

- NOTIFY THE APPLICANT OF THE AMOUNT TO WHICH HE IS ENTITLED , AFTER HAVING GIVEN HIM THE OPPORTUNITY TO SUBMIT HIS COMMENTS .

ARTICLE 6

AT THE REQUEST OF THE PARTY CONCERNED , THE COMPETENT AUTHORITY SHALL ESTABLISH THAT GRUBBING HAS TAKEN PLACE AND SHALL ISSUE A CERTIFICATE RECORDING THE TIME AT WHICH IT TOOK PLACE .

THE PROOF REFERRED TO IN ARTICLE 4 ( 4 ) OF REGULATION ( EEC ) NO 1163/76 SHALL BE SUPPLIED BY THE PRODUCTION TO THE COMPETENT AUTHORITIES OF THE CERTIFICATE PROVIDED FOR IN THE PRECEDING PARAGRAPH .

ARTICLE 7

BEFORE PAYING THE PREMIUM , THE COMPETENT AUTHORITY SHALL VERIFY THAT THE CONDITIONS SET OUT IN ARTICLE 3 ( 2 ) ( A ) AND ( C ) OF REGULATION ( EEC ) NO 1163/76 HAVE BEEN FULFILLED AND SHALL CARRY OUT THE VERIFICATION PROVIDED FOR IN ARTICLE 6 OF THAT REGULATION .

ARTICLE 8

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 17 AUGUST 1976 .

FOR THE COMMISSION

P . J . LARDINOIS

MEMBER OF THE COMMISSION

ANNEX

LIST OF RECOMMENDED OR AUTHORIZED VARIETIES FOR THE GRUBBING OF WHICH CONVERSION PREMIUMS MAY BE GRANTED

FRANCE

1 . WINE GRAPE VARIETIES

( A ) ALLIER , CANTAL , CORREZE , LOIRE , HAUTE-LOIRE , LOZERE , PUY DE DOME , HAUTE-VIENNE , * ALL AUTHORIZED AND RECOMMENDED VARIETIES

( B ) ALPES DE HAUTE-PROVENCE , HAUTES-ALPES , ALPES-MARITIMES , ARDECHE , AUDE , BOUCHES-DU-RHONE , CORSE , DROME , GARD , HERAULT , VAR , VAUCLUSE , * ( A ) ARAMON N - CARIGNAN N

* ( B ) ALL THE RECOMMENDED AND AUTHORIZED VARIETIES PLANTED ON TERRAIN ILL SUITED FOR WINE-GROWING

( C ) ARIEGE , AVEYRON , HAUTE-GARONNE , LANDES , LOT , LOT-ET-GARONNE , TARN , TARN-ET-GARONNE , * ALL THE AUTHORIZED AND RECOMMENDED WHITE GRAPE VARIETIES

( D ) CHARENTE , CHARENTE-MARITIME , GERS * ALL THE AUTHORIZED AND RECOMMENDED WHITE GRAPE VARIETIES , WITH THE EXCEPTION OF FOLLE BLANCHE

( E ) DORDOGNE * ALL THE AUTHORIZED AND RECOMMENDED WHITE GRAPE VARIETIES , WITH THE EXCEPTION OF SAUVIGNON AND , IN THE DEMARCATED AREA OF THE MONBAZILLAC REGISTERED DESIGNATION OF ORIGIN , SEMILLON

( F ) GIRONDE * ALL THE AUTHORIZED AND RECOMMENDED WHITE GRAPE VARIETIES , WITH THE EXCEPTION OF SAUVIGNON AND , IN THE DEMARCATED AREA OF THE SAUTERNES , BARSAC , CERONS , SAINTE-CROIX-DU-MONT , LOUPIAC AND CADILLAC REGISTERED DESIGNATIONS OF ORIGIN , SEMILLON

( G ) PYRENEES-ORIENTALES * ( A ) ARAMON

* ( B ) ALL THE RECOMMENDED AND AUTHORIZED VARIETIES PLANTED ON TERRAIN ILL SUITED FOR WINE-GROWING

II . TABLE GRAPE VARIETIES

ALL THE AUTHORIZED AND RECOMMENDED VARIETIES

ITALY

I . WINE GRAPE VARIETIES

( A ) VALLE D'AOSTA , TRENTINO-ALTO ADIGE , FRIULI-VENEZIA GIULIA NO VARIETIES

( B ) VENETO , LOMBARDIA , EMILIA-ROMAGNA , UMBRIA , MARCHE , TOSCANA , ABRUZZO , LAZIO , MOLISE , CAMPANIA , PUGLIA , CALABRIA , BASILICATA , SARDEGNA ALL THE RECOMMENDED AND AUTHORIZED VARIETIES PLANTED ON TERRAIN ILL SUITED FOR WINE-GROWING

( C ) PIEMONTE :

- PROVINCE OF ALESSANDRIA BARBERA N , BARBERA BIANCO B , MOSCATO NERO N , CARICA L'ASINO B , TIMORASSO B , ALEATICO N , BONARDA PIEMONTESE N

- PROVINCE OF ASTI NO VARIETIES

- PROVINCE OF CUNEO CORTESE B , BONARDA PIEMONTESE N , GRIGNOLINO , NERETTO CUNEESE N

- PROVINCE OF NOVARA BARBERA N , CROATINA N , DURASA N

- PROVINCE OF VERCELLI BARBERA N , BONARDA PIEMONTESE N , UVA RARA N , FREISA N

- PROVINCE OF TORINO BARBERA N , BONARDA PIEMONTESE N , NERETTO DI BAIRO N

( D ) LIGURIA

- PROVINCE OF LA SPEZIA BUONAMICO N

- PROVINCE OF SAVONA DOLCETTO N

- PROVINCE OF GENOVA NO VARIETIES

- PROVINCE OF IMPERIA NO VARIETIES

( E ) SICILIA ANSONICA B , GRILLO B , NOCERA N , CALABRESE N , CATARRATTO BIANCO LUCIDO B , BARBERA N , NERELLO MASCALESE N

II . TABLE GRAPE VARIETIES

ALL THE AUTHORIZED AND RECOMMENDED VARIETIES