Commission Implementing Regulation (EU) 2022/2567 of 13 October 2022 amending Implementing Regulation (EU) 2018/274 as regards the scheme of authorisations for vine plantings
Commission Implementing Regulation (EU) 2022/2567of 13 October 2022amending Implementing Regulation (EU) 2018/274 as regards the scheme of authorisations for vine plantingsTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 70 thereof,Whereas:(1)Commission Implementing Regulation (EU) 2018/274Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561 (OJ L 58, 28.2.2018, p. 60). lays down rules for the application of Regulation (EU) No 1308/2013 concerning, in particular, the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications.(2)The scheme of authorisations for vine plantings provided for in Regulation (EU) No 1308/2013 has been amended by Regulation (EU) 2021/2117 of the European Parliament and of the CouncilRegulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262)., and those amendments should be reflected in the corresponding provisions of Implementing Regulation (EU) 2018/274.(3)Member States may now calculate the area available each year for authorisations for new plantings either on the basis of the total area planted with vines as measured on 31 July of the preceding year, or on a historic basis by considering the total area actually planted with vines on 31 July 2015, increased by an area corresponding to the area covered by planting rights granted to producers that were available for conversion into authorisations on 1 January 2016. Member States shall make public which of the two options has been chosen for a given year.(4)Where Member States decide to apply at national level a lower percentage than the maximum of 1 % and/or to limit the issuing of authorisations at regional level, they must take into consideration recommendations presented by recognised professional organisations operating in the wine sector, by interested groups of producers, or by other types of professional organisation recognised on the basis of that Member State’s legislation. To give the competent authorities the necessary time to consider these recommendations before taking their final decision, Member States should be authorised to set a deadline for the submission of recommendations. For the sake of transparency, the recommendations submitted should be made public.(5)Member States may fix eligibility and priority criteria referred to in Article 4 of Implementing Regulation (EU) 2018/274 not only at national, but also at regional level.(6)The priority criterion referred to in Article 64(2), point (b), of Regulation (EU) No 1308/2013 now includes the conservation of the genetic resources of vines. Member States wishing to apply the criterion of the conservation of genetic resources should draw up and make public a list of eligible varieties well in advance of the application process.(7)The change of the priority criterion referred to in Article 64(2), point (f), of Regulation (EU) No 1308/2013 from a focus on a possible future increase of competitiveness of a holding to a proof of increased cost-efficiency or competitiveness or presence on the markets in the past needs to be also reflected in the corresponding provisions of Implementing Regulation (EU) 2018/274.(8)The priority criterion referred to in Article 64(2), point (h), of Regulation (EU) No 1308/2013 has been updated to clarify that in the case of mixed enterprises, only the area of vineyard parcels should be taken into account to determine if the holding is within the threshold for small and medium-sized holdings.(9)Article 68(2a) of Regulation (EU) No 1308/2013 gives Member States the possibility to grant planting authorisations for the area covered by planting rights that were eligible for conversion into planting authorisations but have not been converted into authorisations by 31 December 2022. The areas concerned should be notified to the Commission and Member States should be allowed to add them in part or in total to the authorisations for new plantings during the years 2023, 2024 and 2025. Spreading the granting of these authorisations over a period of three years allows Member States to take the market situation into account and to spread the area increase over several years. This can avoid a sudden peak in new plantings, which could lead to market frictions in relation to the inputs needed to establish new vineyards and in relation to the entry into production of the new vines.(10)The United Kingdom is no longer a Member State of the Union and can therefore be no longer obliged to submit samples for the analytical databank of isotopic data referred to in Article 39 of Commission Delegated Regulation (EU) 2018/273Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1). and should therefore be removed from the list of Member States set out in Annex III, Part II, of Implementing Regulation (EU) 2018/274.(11)Implementing Regulation (EU) 2018/274 should therefore be amended accordingly.(12)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION: