Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential
Modified by
Commission Regulation (EC) No 784/2001of 23 April 2001amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 301R0784, April 24, 2001
Commission Regulation (EC) No 1253/2001of 26 June 2001amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 301R1253, June 27, 2001
Commission Regulation (EC) No 1342/2002of 24 July 2002amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 302R1342, July 25, 2002
Commission Regulation (EC) No 2191/2002of 10 December 2002amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential(Text with EEA relevance), 302R2191, December 11, 2002
Commission Regulation (EC) No 315/2003of 19 February 2003amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potentialCommission Regulation (EC) No 1182/2003of 2 July 2003correcting Regulation (EC) No 315/2003 amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 303R0315303R1182, February 20, 2003
Commission Regulation (EC) No 1182/2003of 2 July 2003correcting Regulation (EC) No 315/2003 amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 303R1182, July 3, 2003
Commission Regulation (EC) No 571/2003of 28 March 2003amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 303R0571, March 29, 2003
Commission Regulation (EC) No 1203/2003of 4 July 2003amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 303R1203, July 5, 2003
Commission Regulation (EC) No 1841/2003of 17 October 2003amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential, 303R1841, October 18, 2003
Commission Regulation (EC) No 1227/2000of 31 May 2000laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potentialTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wineOJ L 179, 14.7.1999, p. 1., and in particular Articles 7(2), 10, 15, 23 and 80 thereof,Whereas:(1)Regulation (EC) No 1493/1999, which replaced Council Regulation (EEC) No 822/87OJ L 84, 27.3.1999, p. 1., as last amended by Regulation (EC) No 1677/1999OJ L 199, 30.7.1999, p. 8., with effect from 1 August 2000, contains, in Title II, provisions on production potential. It is now appropriate to fill out the framework thereby laid down, by enacting implementing rules and by repealing the previous regulations on this subject, namely Commission Regulations (EEC) No 2314/72OJ L 248, 1.11.1972, p. 53., as last amended by Regulation (EC) No 2462/93OJ L 226, 7.9.1993, p. 1., (EEC) No 940/81OJ L 96, 8.4.1981, p. 10., (EEC) No 3800/81OJ L 381, 31.12.1981, p. 1., as last amended by Regulation (EC) No 2548/1999OJ L 308, 3.12.1999, p. 5., (EEC) 2729/88OJ L 241, 1.9.1988, p. 108., as last amended by Regulation (EC) 2182/97OJ L 299, 4.11.1997, p. 3., (EEC) No 2741/89OJ L 264, 12.9.1989, p. 5.3302/90OJ L 317, 16.11.1990, p. 25.(2)Member States are permitted, pursuant to Article 22 of Regulation (EC) No 1493/1999, to impose more restrictive national rules in respect of the new planting or replanting of vines or grafting-on, than those set out in Title II of that Regulation, which includes the imposition of such rules in respect of the grant, transfer and use of planting rights.(3)Article 2(3) of Regulation (EC) No 1493/1999 provides for Member States to be able to grant permission in the cases defined in points (a) to (d) of that provision to produce wine which is to be marketed, subject to controls. It is necessary to lay down detailed rules concerning applications and the effective date of regularisation, in particular to provide for the effective implementation of regularisation in justified cases, in particular by granting the permission from the date of the application whilst ensuring that producers do not benefit from unjustified applications. There is also a need for any planting rights used in the regularisation process to be valid at the date of the application.(4)Article 2(7) of Regulation (EC) No 1493/1999 provides for the compulsory grubbing-up of areas planted in breach of planting restrictions. Wine-sector products made from grapes coming from such areas before grubbing-up takes place should not be allowed to disturb the market balance and should therefore be distilled.(5)Article 3(1) of Regulation (EC) No 1493/1999 provides for the grant of new planting rights in the case of measures for land consolidation or measures concerning compulsory purchase in the public interest. The new planting rights should not exceed those necessary to plant an area equivalent to 105 % of that lost to producers as a result of those measures, so as to avoid undermining the prohibition on planting contained in Article 2(1) of Regulation (EC) No 1493/1999.(6)Article 3(1) of Regulation (EC) No 1493/1999 also provides for the grant of new planting rights in the case of wine-growing experiments. The areas planted in pursuance of such grants of new planting rights should only be used for the specified purposes, and wine-sector products made from grapes coming from such areas both during and after the experimental period should not be allowed to disturb the market balance. Accordingly, wine-sector products made from grapes coming from such areas during the experimental period should not be marketed, without prejudice to their consumption in the context of testing. After the experimental period, either the areas concerned should be grubbed up or planting rights should be used to allow them to produce normally. Existing wine-growing experiments should be allowed to continue, subject to the existing rules.(7)Article 3(1) of Regulation (EC) No 1493/1999 also provides for the grant of new planting rights in the case of graft nurseries. The areas planted in pursuance of such grants of new planting rights should only be used for the specified purposes, and wine-sector products made from grapes coming from such areas both during and after the period of production of graft nurseries should not be allowed to disturb the market balance. Accordingly, during the production period grapes coming from such areas should not be harvested or, if harvested, should be destroyed. After the production period, either the areas concerned should be grubbed up or planting rights should be used to allow them to produce normally. Existing graft nurseries should be allowed to continue, subject to the existing rules.(8)Article 3(1) of Regulation (EC) No 1493/1999 also provides for the grant of new planting rights in the case of areas whose wine or vine products are intended solely for the consumption of the vine grower's family. However, this could lead to an excessive administrative burden being imposed due to the large number of such cases in certain Member States. Accordingly, Member States should be permitted to allow such areas to exist even if no planting rights have been granted in respect of them, provided that, in order to prevent disturbance of the market balance, the areas concerned are small and that the vine grower is not engaged in commercial wine production. The areas and producers concerned should be subject to appropriate monitoring and sanctions, including the grubbing up of such areas in cases where the provisions are not observed.(9)Article 3(2) of Regulation (EC) No 1493/1999 provides for the grant of new planting rights for the production of a quality wine psr or a table wine described by means of a geographical indication. Such grants may only be made if it has been recognised that production of the wine in question is far below demand. Such recognition should be based on objective criteria and data.(10)To ensure the equivalency and accuracy of such objective data across the Community, it should compulsorily include the inventory of production potential provided for in Article 16 of Regulation (EC) No 1493/1999 or equivalent information.(11)In order to prevent disturbance of the market balance, no replanting rights should be granted in respect of areas which have been compulsorily grubbed up owing to a breach of the requirements of Regulation (EC) No 1493/1999. To the same end, no replanting rights should be granted in respect of the grubbing-up of areas for which planting rights have been granted for purposes other than the commercial production of wine.(12)Article (4) of Regulation (EC) No 1493/1999 provides for the grant of replanting rights to producers who undertake to grub up an area of vines. In order to avoid the grant of planting rights in excess of a producer's real needs, such a grant should only be made for an amount necessary to permit the entire area to be planted, account being taken of any planting rights already in his possession. Any such grant of replanting rights on the basis of such an undertaking should be accompanied by the lodging of a security to ensure that the undertaking is carried out. During the period of coexistence of newly planted area and area to be grubbed up, in order to avoid disturbance of market balance, only one such area should be permitted to produce wine to be marketed.(13)Article 5 of Regulation (EC) No 1493/1999 provides for the creation of national and/or regional reserves in order to improve the management of production potential. In order to avoid disturbance of the market balance, the transfer of rights via a reserve system should not lead to an overall increase in production potential on the territory of the Member States, as such avoidance has already been provided for in the case of transfer of rights between holdings in Article 4(4) of that Regulation. In these situations, Member States are permitted under Article 5(7) to apply a reduction coefficient in respect of transfers of rights.(14)Article 5(8) of Regulations (EC) No 1493/1999 provides that Member States are not to implement the reserve system if they can show that an effective system for managing planting rights exists throughout its territory. In this situation a Member State may provide for the implementation of the reserve system in parts of its territory and another effective system in other parts of its territory. Member States wishing to use the option under Article 5(8) of Regulation (EC) No 1493/1999 should be able to prove that such a system exists and to demonstrate the need for any derogations from the provisions of Chapter I of Title II of that Regulation.(15)The Commission may decide to make allocations from the Community reserve of planting rights referred to in Article 6(1)(b) of Regulation (EC) No 1493/1999 on the basis of requests from Member States.(16)Chapter II of Title II of Regulations (EC) No 1493/1999 provides for the granting of a premium in return for the permanent abandonment of vine growing on a particular area. Member States are permitted to decide which area, if any, in their territory should benefit from the premium. Nevertheless, common detailed rules concerning applications, appropriate maximum levels of the premium and appropriate dates as referred to in Article 10 of that Regulations should be laid down.(17)In the interests of verification, payment of the premium should normally be made after grubbing-up. However, payment may be made in advance of grubbing-up provided that a security is lodged to ensure that grubbing-up takes place.(18)The abandonment of wine-growing areas by producers who are members of producer groups which jointly process grapes harvested by their members may reduce the quantities of grapes delivered and thereby increase processing costs. It is therefore fair to provide that such negative effects may be compensated for.(19)In applying Chapter III of Title II of Regulation (EC) No 1493/1999, Member States have a wide margin of discretion in deciding on the detailed scope and levels of support, including notably the payment of flat-rate amounts, the setting of maximum levels of support per hectare and the modulation of support on the basis of objective criteria, within the constraints laid down in that chapter and the provisions adopted in pursuance thereof.(20)Nevetheless, common rules should be laid down. To this end, Member States should adopt rules on the minimum size of the parcel involved so as to ensure that the system has a genuine effect on production potential. Measures should be defined, with time limits, for their execution and appropriate monitoring. The rules should also cover the use of replanting rights which arise from grubbing-up as provided for in the plan, so as to avoid disturbance of the market balance due to increases in yields as well as allowing for appropriately higher levels of support to be granted on account of the higher costs involved.(21)By virtue of Article 12 of Regulation (EC) No 1493/1999, Member States may choose not to draw up restructuring and conversion plans themselves. Since Member States are responsible for the approval of plans, they should in this case lay down rules on the submission and approval of plans and the minimum content of the plans concerned.(22)Article 11(3) of Regulation (EC) No 1493/1999 provides that the system for the restructuring and conversion of vineyards shall not cover the normal renewal of vineyards which have come to the end of their natural life. This phrase should be further clarified.(23)In the interest of verification, payment of the support should normally be made after a specific measure has been executed. However, payment may be made in advance of execution of a measure provided that a security is lodged to ensure that execution of the measure takes place.(24)Detailed provisions should be established as to financial planning and as to participation in the financing of the system for restructuring and conversion. In this connection, Member States should report regularly to the Commission on the state of financing of the system.(25)Measures have to be taken to ensure the effective spending of funds reserved for the system, provision being made in particular for advance payments and for the necessary adjustment of allocations according to needs and to past performance.(26)The general rules concerning budgetary discipline, and in particular those relating to incomplete or incorrect declarations on the part of Member States, should apply in addition to the specific rules established by this Regulation.(27)Details of the financial administration of the system will be governed by the rules adopted for the implementation of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policyOJ L 160, 26.6.1999, p. 103.(28)It is imperative, for the purpose of monitoring the implementation of Title II of Regulation (EC) No 1493/1999 and of the proper management of the market, that the Commission has available the appropriate data as to production potential, including planting rights, and details of measures taken by Member States in implementation of that Title. Consequently, the essential information needed for these purposes should to be sent to the Commission in a fixed format. Other information necessary for the verification and auditing of the implementation of that Title should be retained by Member States for inspection for an appropriate period.(29)In this context, it is necessary to lay down the details of the information to be set out in the inventory referred to in Article 16 of Regulation (EC) No 1493/1999. Member States who do not wish to benefit by seeking the regularisation of unlawfully planted areas, the increase in planting rights, or support for restructuring and conversion are not obliged to compile the inventory.(30)Article 19 of Regulation (EC) No 1493/1999 provides that the classification of vine varieties should be delegated to Member States. Common rules on the format of the classification, the information contained in it and communication and publication of the classification should be adopted. The classification system as such should not lead to an any increase in production potential.(31)In principle, only those varieties which may be placed on the market in at least one Member State under Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vineOJ L 93, 17.4.1968, p. 15., as last amended by the Act of Accession of Austria, Finland and Sweden, should be included in the classification. However, in the interests of the preservation of genetic heritage, other varieties planted before the entry into force of that Directive should also be eligible for classification.(32)Where a producer is obliged to distil products due to a breach of Community rules, no Community support should be granted for the distillation or distillate.(33)The payments made under Title II of Regulation (EC) No 1493/1999 should be made in full to the beneficiaries.(34)By way of a transitional measure, planting rights which were governed by Regulation (EEC) No 822/87 and which were valid until a date later than 31 July 2000 should remain valid until such later date in order to ensure that they are not lost in the transition to the system governed by Regulation (EC) No 1493/1999. For the same reasons, such rights, if not used by such later date, should be transferred to the appropriate national or regional reserve, when constituted.(35)The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine.HAS ADOPTED THIS REGULATION: