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COUNCIL REGULATION ( EEC ) NO 1056/77

OF 17 MAY 1977

DEROGATING FROM AND AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 1163/76 ON THE GRANTING OF A CONVERSION PREMIUM IN THE WINE SECTOR

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

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 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 530/77 ( 2 ) , AND IN PARTICULAR ARTICLE 4 ( 5 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,

WHEREAS REGULATION ( EEC ) NO 1163/76 PROVIDES FOR THE GRANTING OF A CONVERSION PREMIUM IN THE WINE SECTOR ; WHEREAS , UNDER THE FIRST INDENT OF ARTICLE 3 ( 2 ) ( B ) OF THAT REGULATION , THE APPLICANT MUST UNDERTAKE TO GRUB UP OR HAVE GRUBBED UP BY 1 MAY 1977 THE VINES ON THE AREAS FOR WHICH THE PREMIUM HAS BEEN REQUESTED FOR THE 1976/77 WINE YEAR ; WHEREAS VARIOUS OPERATIONS COVERED BY THE SAID REGULATION HAVE BEEN DELAYED BY RECENT UNFAVOURABLE WEATHER CONDITIONS ;

WHEREAS GRUBBING SHOULD THEREFORE BE ALLOWED UNTIL 15 JUNE 1977 ; WHEREAS PROVISION SHOULD BE MADE IN CASE SUCH A DEROGATION IS ALSO REQUIRED IN SUBSEQUENT WINE YEARS ;

WHEREAS REGULATION ( EEC ) NO 1163/76 PROVIDES THAT THE PREMIUMS FIXED FOR THE 1976/77 WINE YEAR ARE TO BE REDUCED BY 100 U.A./HECTARE FOR THE 1977/78 WINE YEAR AND BY 200 U.A./HECTARE FOR THE 1978/79 WINE YEAR ; WHEREAS IT IS TO BE FORESEEN THAT THESE REDUCED SUMS WILL BE CONSIDERED INADEQUATE BY PRODUCERS ; WHEREAS THERE IS IN CONSEQUENCE A RISK OF CONSIDERABLE REDUCTION IN THE CONVERSION PROGRAMME , MEANING THAT THE AIMS OF THAT REGULATION WILL NOT BE FULLY ACHIEVED ; WHEREAS IT IS THEREFORE DESIRABLE TO RETAIN THE PREMIUMS FOR THE 1977/78 AND 1978/79 WINE YEARS AT THE LEVEL OF THE PRESENT WINE YEAR ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

BY WAY OF DEROGATION FROM REGULATION ( EEC ) NO 1163/76 FOR THE 1976/77 WINE YEAR AND AS FROM 1 MAY 1977 : FOR THE PURPOSES OF GRANTING THE CONVERSION PREMIUM , THE GRUBBING OF VINES SHALL TAKE PLACE BEFORE 16 JUNE 1977 FOR THE 1976/77 WINE YEAR .

ARTICLE 2

ARTICLE 4 OF REGULATION ( EEC ) NO 1163/76 IS REPLACED BY THE FOLLOWING TEXT :

" ARTICLE 4

1 . THE AMOUNT OF THE PREMIUM SHALL BE FIXED :

( A ) AT 1 500 U.A./HA FOR AREAS UNDER VINES OF AVERAGE PRODUCTIVITY WHICH ARE KEPT IN NORMAL CONDITIONS AND DO NOT YET SHOW ANY SIGNS OF DETERIORATION DUE TO AGE ;

( B ) AT 1 000 U.A./HA FOR AREAS UNDER VINES OF LOW PRODUCTIVITY OR AREAS UNDER VINES WHICH ARE LESS THAN TWO YEARS OLD ;

( C ) AT 2 000 U.A./HA FOR AREAS UNDER VINES GROWN AS A SPECIALIZED CROP USING AN UPRIGHT CULTIVATION METHOD RESULTING IN CONSIDERABLE VEGETATIVE GROWTH IN A HORIZONTAL PLANE .

2 . FOR THE GRANT OF THE PREMIUM THE MIXED CULTIVATION AREAS SHALL BE EXPRESSED AS SPECIALIZED CULTIVATION AREAS BY USING THE CUSTOMARY CONVERSION FACTOR FOR THE WINE-GROWING AREA CONCERNED .

3 . WHERE THE AREA TO BE CONVERTED FOR WHICH THE PREMIUM IS REQUESTED IS PLANTED WITH A MIXTURE OF SEVERAL VINE VARIETIES , SOME OF WHICH DO NOT QUALIFY FOR THE PREMIUM , THE PREMIUM SHALL BE GRANTED :

- FOR THE ENTIRE AREA , PROVIDED THAT THE VARIETIES REFERRED TO IN ARTICLE 2 ( 1 ) ( A ) COVER MORE THAN 70 % OF THE AREA IN QUESTION ,

- FOR THE PART OF THE AREA ACTUALLY PLANTED WITH THE VARIETIES REFERRED TO IN ARTICLE 2 ( 1 ) ( A ) WHERE THOSE VARIETIES COVER 70 % OR LESS OF THE AREA IN QUESTION .

4 . THE PREMIUM SHALL BE PAID IN FULL NOT MORE THAN SIX MONTHS AFTER THE APPLICANT HAS SUPPLIED PROOF THAT GRUBBING-UP HAS IN FACT TAKEN PLACE .

5 . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , MAY DECIDE TO ALTER :

- THE AMOUNT OF THE PREMIUM ,

- THE DATES SET OUT IN ARTICLE 3 ( 1 ) ,

- THE DEADLINE FOR GRUBBING UP .

6 . DETAILED RULES FOR IMPLEMENTING THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 7 OF REGULATION NO 24 . "

ARTICLE 3

THE 78 MILLION UNITS OF ACCOUNT REFERRED TO IN ARTICLE 8 OF REGULATION ( EEC ) NO 1163/76 ARE REPLACED BY 84 MILLION UNITS OF ACCOUNT .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE 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 MAY 1977 .

FOR THE COUNCIL

THE PRESIDENT

J . SILKIN

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

( 2 ) OJ NO L 69 , 16 . 3 . 1977 , P . 3 .

( 3 ) OPINION GIVEN ON 13 MAY 1977 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ) .