COMMISSION REGULATION (EC) No 2182/97 of 3 November 1997 amending Regulation (EEC) No 2729/88 laying down detailed rules for the application of Regulation (EEC) No 1442/88 on the granting, for the 1988/89 to 1997/98 wine years, of permanent abandonment premiums in respect of wine-growing areas

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1997/98 wine years, of permanent abandonment premiums in respect of wine-growing areas (1), as last amended by Regulation (EC) No 534/97 (2), and in particular Article 20 thereof,

Whereas a procedure should be established for application of the prohibition on cumulation of permanent abandonment premiums in respect of wine-growing areas and Community aid for the restructuring of vineyards, introduced into Regulation (EEC) No 1442/88 by Council Regulation (EC) No 1595/96 (3); whereas Commission Regulation (EEC) No 2729/88 (4), as last amended by Regulation (EC) No 3024/94 (5), should therefore be amended;

Whereas, in order to ensure that the prohibition is effective, checks should be laid down;

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 2729/88 is hereby amended as follows:

1. the following fourth indent is hereby added to Article 4 (1) (b):

'- a declaration that the parcels concerned have not received Community aid for the restructuring of vineyards during the past 15 years. Member States may, however, lay down a longer period.`;

2. the following sixth indent is hereby added to Article 4 (2):

'- Member States shall check a sample of declarations covering a minimum of 15 % of applications. Declarations shall be selected on the basis of a risk analysis.`

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply to permanent abandonment of wine-growing areas during the 1997/98 wine year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 November 1997.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 132, 28. 5. 1988, p. 3.

(2) OJ L 83, 25. 3. 1997, p. 2.

(3) OJ L 206, 16. 8. 1996, p. 36.

(4) OJ L 241, 1. 9. 1988, p. 108.

(5) OJ L 321, 14. 12. 1994, p. 8.