2000R1227 — EN — 28.06.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1227/2000
of31May2000
laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the
commonorganisationofthemarketinwine,asregardsproductionpotential
(OJ L 143, 16.6.2000, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 784/2001 of 23 April 2001 L 113 4 24.4.2001
►M2Commission Regulation (EC) No 1253/2001 of 26 June 2001 L 173 31 27.6.2001
▼B
COMMISSIONREGULATION(EC)No1227/2000
of31May2000
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 1493/1999 on the common organisation of the market in
wine,asregardsproductionpotential
THE 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 wine(1), and in
particular Articles 7(2), 10, 15, 23 and 80 thereof,
Whereas:
(1)Regulation (EC) No 1493/1999, which replaced Council Regula-
tion (EEC) No 822/87(2), as last amended by Regulation (EC) No
1677/1999(3), 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 implementingrules and by repealing the previous regulations on this subject,namely Commission Regulations (EEC) No 2314/72(
4), as last
amended by Regulation (EC) No 2462/93(5), (EEC) No 940/
81(6), (EEC) No 3800/81(7), as last amended by Regulation (EC)
No 2548/1999(8), (EEC) 2729/88(9), as last amended by
Regulation (EC) 2182/97(10), (EEC) No 2741/89(11), and (EEC)
No 3302/90(12).
(2)Member States are permitted, pursuant to Article 22 of Regulation(EC) No 1493/1999, to impose more restrictive national rules inrespect 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 ofplanting rights.
(3)Article 2(3) of Regulation (EC) No 1493/1999 provides forMember States to be able to grant permission in the cases definedin 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 ofregularisation, in particular to provide for the effective imple-mentation of regularisation in justified cases, in particular bygranting the permission from the date of the application whilstensuring that producers do not benefit from unjustified applica-
tions. 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 thecompulsory grubbing-up of areas planted in breach of plantingrestrictions. Wine-sector products made from grapes coming fromsuch areas before grubbing-up takes place should not be allowedto 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 thepublic interest. The new planting rights should not exceed those2000R1227 — EN — 28.06.2001 — 002.001 — 2
(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 84, 27.3.1999, p. 1.
(3) OJ L 199, 30.7.1999, p. 8.
(4) OJ L 248, 1.11.1972, p. 53.
(5) OJ L 226, 7.9.1993, p. 1.
(6) OJ L 96, 8.4.1981, p. 10.
(7) OJ L 381, 31.12.1981, p. 1.
(8) OJ L 308, 3.12.1999, p. 5.
(9) OJ L 241, 1.9.1988, p. 108.
(10) OJ L 299, 4.11.1997, p. 3.
(11) OJ L 264, 12.9.1989, p. 5.
(12) OJ L 317, 16.11.1990, p. 25.
▼B
necessary to plant an area equivalent to 105 % of that lost to
producers as a result of those measures, so as to avoidundermining 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-growingexperiments. The areas planted in pursuance of such grants ofnew 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 periodshould not be allowed to disturb the market balance. Accordingly,wine-sector products made from grapes coming from such areasduring the experimental period should not be marketed, withoutprejudice 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 toproduce normally. Existing wine-growing experiments should beallowed to continue, subject to the existing rules.
(7)Article 3(1) of Regulation (EC) No 1493/1999 also provides forthe 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-sectorproducts made from grapes coming from such areas both duringand after the period of production of graft nurseries should not beallowed 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 theproduction period, either the areas concerned should be grubbedup or planting rights should be used to allow them to producenormally. 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 forthe grant of new planting rights in the case of areas whose wine orvine products are intended solely for the consumption of the vinegrower's family. However, this could lead to an excessiveadministrative 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 noplanting rights have been granted in respect of them, providedthat, in order to prevent disturbance of the market balance, theareas concerned are small and that the vine grower is not engagedin 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 wherethe provisions are not observed.
(9)Article 3(2) of Regulation (EC) No 1493/1999 provides for thegrant of new planting rights for the production of a quality winepsr 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 belowdemand. Such recognition should be based on objective criteriaand 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 ofRegulation (EC) No 1493/1999 or equivalent information.
(11)In order to prevent disturbance of the market balance, noreplanting rights should be granted in respect of areas which havebeen compulsorily grubbed up owing to abrea ch of the
requirements of Regulation (EC) No 1493/1999. To the same
end, no replanting rights should be granted in respect of thegrubbing-up of areas for which planting rights have been grantedfor purposes other than the commercial production of wine.
(12)Article (4) of Regulation (EC) No 1493/1999 provides for thegrant of replanting rights to producers who undertake to grub up2000R1227 — EN — 28.06.2001 — 002.001 — 3
▼B
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 bemade 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 ofsuch an undertaking should be accompanied by the lodging of asecurity to ensure that the undertaking is carried out. During theperiod 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 bemarketed.
(13)Article 5 of Regulation (EC) No 1493/1999 provides for thecreation 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 areserve system should not lead to an overall increase inproduction potential on the territory of the Member States, assuch avoidance has already been provided for in the case oftransfer 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 oftransfers of rights.
(14)Article 5(8) of Regulations (EC) No 1493/1999 provides thatMember 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 Statemay provide for the implementation of the reserve system in partsof its territory and another effective system in other parts of itsterritory. 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 anyderogations from the provisions of Chapter I of Title II of thatRegulation.
(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 requestsfrom Member States.
(16)Chapter II of Title II of Regulations (EC) No 1493/1999 providesfor 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 shouldbenefit from the premium. Nevertheless, common detailed rulesconcerning applications, appropriate maximum levels of thepremium and appropriate dates as referred to in Article 10 of thatRegulations should be laid down.
(17)In the interests of verification, payment of the premium shouldnormally be made after grubbing-up. However, payment may bemade in advance of grubbing-up provided that a security is lodgedto ensure that grubbing-up takes place.
(18)The abandonment of wine-growing areas by producers who aremembers of producer groups which jointly process grapesharvested by their members may reduce the quantities of grapesdelivered and thereby increase processing costs. It is therefore fairto 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 indeciding on the detailed scope and levels of support, includingnotably the payment of flat-rate amounts, the setting of maximumlevels of support per hectare and the modulation of support on thebasis 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 theparcel involved so as to ensure that the system has a genuineeffect on production potential. Measures should be defined, with2000R1227 — EN — 28.06.2001 — 002.001 — 4
▼B
time limits, for their execution and appropriate monitoring. The
rules should also cover the use of replanting rights which arisefrom 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 begranted 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 andconversion plans themselves. Since Member States are respon-sible 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 theend of their natural life. This phrase should be further clarified.
(23)In the interest of verification, payment of the support shouldnormally be made after a specific measure has been executed.However, payment may be made in advance of execution of ameasure provided that a security is lodged to ensure thatexecution of the measure takes place.
(24)Detailed provisions should be established as to financial planningand 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 offinancing of the system.
(25)Measures have to be taken to ensure the effective spending offunds reserved for the system, provision being made in particularfor advance payments and for the necessary adjustment ofallocations according to needs and to past performance.
(26)The general rules concerning budgetary discipline, and inparticular those relating to incomplete or incorrect declarationson 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 begoverned by the rules adopted for the implementation of Council
Regulation (EC) No 1258/1999 of 17 May 1999 on the financingof the common agricultural policy(
1)
(28)It is imperative, for the purpose of monitoring the implementationof Title II of Regulation (EC) No 1493/1999 and of the propermanagement of the market, that the Commission has available theappropriate data as to production potential, including plantingrights, 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 theCommission in a fixed format. Other information necessary forthe verification and auditing of the implementation of that Titleshould be retained by Member States for inspection for anappropriate period.
(29)In this context, it is necessary to lay down the details of theinformation 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 plantedareas, the increase in planting rights, or support for restructuringand conversion are not obliged to compile the inventory.
(30)Article 19 of Regulation (EC) No 1493/1999 provides that theclassification of vine varieties should be delegated to MemberStates. Common rules on the format of the classification, theinformation contained in it and communication and publication of2000R1227 — EN — 28.06.2001 — 002.001 — 5
(1) OJ L 160, 26.6.1999, p. 103.
▼B
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 themarket 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 vine(
1), as last amended by the Act
of Accession of Austria, Finland and Sweden, should be includedin the classification. However, in the interests of the preservationof genetic heritage, other varieties planted before the entry intoforce of that Directive should also be eligible for classification.
(32)Where aproducer is obliged to distil products due to abrea ch ofCommunity rules, no Community support should be granted forthe 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 weregoverned 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 transitionto the system governed by Regulation (EC) No 1493/1999. Forthe same reasons, such rights, if not used by such later date,should be transferred to the appropriate national or regionalreserve, when constituted.
(35)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Wine.
HAS ADOPTED THIS REGULATION:
CHAPTERI
Scope
Article 1
This Regulation lays down detailed rules for the application of Chapter I
(planting of vines), Chapter II (abandonment premiums), Chapter III(restructuring and conversion) and part of Chapter IV (information andgeneral provisions) of Title II (production potential) of Regulation (EC)
No 1493/1999.
CHAPTERII
Plantingofvines
Article 2
1. Member States may lay down a deadline for the submission by
producers of applications for a derogation pursuant to Article 2(3) ofRegulation (EC) No 1493/1999.
2. Where application has been made by a producer for a derogation,
the Member State concerned may, whilst the application is under
consideration, permit grapes coming from the areas concerned from thedate of submission of the application to be used for producing wine to bemarketed.
3. If the derogation is subsequently granted, it shall have effect from
the date of the application.
4. If the derogation is subsequently refused, then the Member State
shall either:
(a) apply a financial penalty of an amount equal to 30 % of the market
value of the wine made from grapes coming from the areas2000R1227 — EN — 28.06.2001 — 002.001 — 6
(1) OJ L 93, 17.4.1968, p. 15.
▼B
concerned, from the date of submission of the application until the
date of its refusal; or
(b) require the producer to distil wine production of aqua ntity
equivalent to the amount of wine made from grapes coming from
the areas concerned, from the date of submission of the applicationand marketed from that date until the date of its refusal thisproduction shall not be used in the production of products having anactual alcoholic strength of 80 % vol or less.
5. Member States shall fix the period referred to in Article 2(3)(b) of
Regulation (EC) No 1493/1999 for a producer to obtain replanting rightssubsequent to the planting of the area concerned. However, this periodshall not extend beyond 31 March 2002. A Member State may only
grant a derogation pursuant to that provision where the replanting rights
concerned are valid at the date of the application for the derogation.
6. Member States shall keep a record of each application made for a
derogation, the result of the consideration of it and any action taken
under paragraph 4 of this Article.
7. Member States shall communicate to the Commission in respect of
each wine year the total area for which a derogation has been applied
for, the total area for which a derogation has been granted and the totalarea for which a derogation has been refused. This communication shallbe made no later than four months after the end of the wine year inquestion.
8. Where an area is to be grubbed up pursuant to Article 2(7) of
Regulation (EC) No 1493/1999, products made from grapes comingfrom such areas may be put into circulation only for the purposes ofdistillation. By way of derogation, Member States may instead provide
for wine of an equivalent value to be distilled. In this case Member
States may also provide for an appropriate administrative penalty to beapplied. In either case, these products may not be used in the preparationof alcohol having an actual alcoholic strength of 80 % vol or less.
9. Member States shall keep a record of each case dealt with under
Article 2(7) of Regulation (EC) No 1493/1999.
Article 3
1. Where Member States grant new planting rights in respect of areas
intended for new planting carried out under measures for landconsolidation or measures concerning compulsory purchases in the
public interest adopted under national legislation, they shall ensure that
these rights are not granted for an area greater in terms of pure crop than105 % of the area under vines which was the subject of the measures forland consolidation or measures concerning compulsory purchases in thepublic interest. Member States shall record each case where new
planting rights are granted for these purposes.
2. Member States shall record each case where they grant new
planting rights in respect of areas intended for wine-growing experi-
ments. Such new planting rights shall only apply during the
experimental period.
During this period, products made from grapes coming from such areas
may not be marketed.
After this period, either:
(a) the producer shall use new planting rights granted under Article 3(2)
of Regulation (EC) No 1493/1999, replanting rights or plantingrights granted from a reserve in order to permit the area concerned toproduce wine which is to be marketed; or
(b) The vines planted on such areas shall be grubbed up. The expenses
of such grubbing-up shall be borne by the producer concerned. Until
the area concerned is grubbed up, products made from grapescoming from such areas may be put into circulation only for thepurposes of distillation. These products may not be used in thepreparation of alcohol having an actual alcoholic strength of 80 %vol or less.2000R1227 — EN — 28.06.2001 — 002.001 — 7
▼B
3. New planting rights, and any conditions as to the use of such rights
or areas planted pursuant to them, granted prior to 1 August 2000 forwine-growing experiments shall continue to apply during the experi-
mental period. The rules in the third subparagraph of paragraph 2 shall
apply to such areas after the end of the experimental period.
4. Member States shall record each case where they grant new
planting rights in respect of areas intended for graft nurseries. Such new
planting rights shall only apply during the period of production of the
graft nurseries.
During the period, grapes of such vines shall either not be harvested or,
if harvested, shall be destroyed.
After this period, either:
(a) the producer shall use new planting rights granted under Article 3(2)
of Regulation (EC) No 1493/1999, replanting rights or planting
rights granted from a reserve in order to permit the area concerned to
produce wine which is to be marketed; or
(b) the vines planted on such areas shall be grubbed up. The expenses of
such grubbing-up shall be borne by the producer concerned. Until
the area concerned is grubbed up, products made from grapescoming from such areas may be put into circulation only for thepurposes of distillation. These products may not be used in thepreparation of alcohol having an actual alcoholic strength of 80 %
vol or less.
5. New planting rights, and any conditions on the use of such rights
or areas planted pursuant to them granted prior to 1 August 2000 inrespect of areas intended for graft nurseries shall continue to applyduring the period of production of the graft nurseries. The rules in the
third subparagraph of paragraph 4 shall apply to such areas after the end
of the period of the production of the graft nurseries.
6. Member States shall record each case where they grant new
planting rights in respect of areas whose wine or vine products are
intended solely for the consumption of the vine grower's family.
7. By way of derogation from paragraph 6, in order to avoid an
excessive administrative burden being imposed, a Member State mayinstead provide that areas whose wine or vine products are intended
solely for consumption by the vine grower's family shall not be subject
to the grubbing-up requirement in Article 2(7) of Regulation (EC) No1493/1999. Member States may do so only on condition that:
(a) the area in respect of any given grower does not exceed a maximum
area to be laid down by that Member State; and
(b) the vine grower concerned is not involved in commercial wine
production.
8. The marketing of the wine of vine products coming from the areas
referred to in paragraphs 6 and 7 shall be prohibited. Member Statesshall apply an appropriate system to monitor this prohibition. Should abreach of this prohibition be discovered, then in addition to any penalties
imposed by the Member State, the area concerned shall be grubbed up at
the expense of the vine grower concerned. Until the area concerned isgrubbed up, products made from grapes coming from such areas may beput into circulation only for the purposes of distillation. These productsmay not be used in the preparation of alcohol having an actual alcoholicstrength of 80 % vol or less. Member States shall record all cases dealt
with under this paragraph.
9. Member States may only grant new planting rights for areas for the
production of a quality wine psr or a table wine described by means of ageographical indication where they have carried out an assessment
which confirms that the production of the wine in question is far below
demand. Member States shall base these assessments on objectivecriteria and data. This objective data shall include the inventory ofproduction potential for the region in question, or equivalent informa-tion. Member States shall keep a record of all such assessments andobjective criteria and data. Where a Member State has recognised that2000R1227 — EN — 28.06.2001 — 002.001 — 8
▼B
production of such a wine is far below demand, it shall record each
instance where new planting rights are granted for such a wine.
10. Member States shall communicate the following information to
the Commission in respect of each wine year:
(a) the total areas for which new planting rights have been granted
under each of paragraphs 1, 2 and 4;
(b) the total area for which new planting rights have been granted under
paragraph 6. However, where a Member State makes use of thederogation in paragraph 7, it shall instead communicate an estimateof the total area concerned, which shall be based on the results of themonitoring carried out;
(c) the total area for which new planting rights have been granted under
Article 3(2) of Regulation (EC) No 1493/1999 for each wine
concerned, and the details of the assessment carried out, includingthe objective criteria and data used; and
(d) whether producers have paid for the grant of new planting rights.
This communication shall be made no later than four months after the
end of the wine year in question.
Article 4
1. Where an area is grubbed up pursuant to Article 2(7) or Article
19(4) of Regulation (EC) No 1493/1999 or point (b) of the thirdsubparagraph of Article 3(2), point (b) of the third subparagraph ofArticle 3(4) or Article 3(8) of this Regulation, no replanting rights shallbe granted. Furthermore, no replanting rights shall be granted in the
event of grubbing-up of:
(a) any area of vines in the implementation of measures for land
consolidation or measures concerning compulsory purchases in the
public interest, where new planting rights have been granted inrelation to such areas under Article 3(1);
(b) areas intended for wine-growing experiments during the experi-
mental period;
(c) areas intended for graft nurseries during the period of production of
the graft nurseries; or;
(d) areas intended solely for the consumption of the vine grower's
family.
2. A Member State may only grant replanting rights to a producer
who undertakes to grub up an area of vines before the end of the thirdyear after the area was planted, where that producer can show that he hasno, or insufficient, planting rights in his possession which could be used
to permit the entire area concerned to be planted with vines. A Member
State shall grant no more rights to a producer than are necessary topermit the entire area concerned to be planted with vines, taking intoaccount any rights already in his possession. The producer shall specifythe particular area to be grubbed up.
3. When giving the undertaking referred to in paragraph 2, a producer
shall lodge a security. The obligation to grub up the area concerned shall
constitute the ‘primary requirements’ within the meaning of Article
20(2) of Commission Regulation (EEC) No 2220/85(
1) The amount of
the security shall be set by the Member State concerned on the basis ofobjective criteria. The security shall be set at a level which isproportionate and sufficient to dissuade producers from failing to carryout their undertaking.
4. Until the undertaking to grub up has been carried out, Member
States shall ensure that, in any given wine year, there is not2000R1227 — EN — 28.06.2001 — 002.001 — 9
(1) OJ L 205, 3.8.1985, p. 5.
▼B
simultaneously a commercial production of wine from both the area to
be grubbed up and the newly planted area, by ensuring that, either:
(a) the products made from grapes coming from the newly planted area
may be put into circulation only for the purposes of distillation.These products may not be used in the preparation of alcohol havingan actual alcoholic strength of 80 % vol or less; or
(b) the products made from grapes coming from the area to be grubbed
up may be put into circulation only for the purposes of distillation.
These products may not be used in the preparation of alcohol having
an actual alcoholic strength of 80 % vol or less.
5. If the undertaking to grub up is not carried out by the deadline set,
then the particular area which has not been grubbed up shall be treated
as having been planted in breach of the restriction on planting in Article
2(1) of Regulation (EC) No 1493/1999.
6. Member States shall monitor the planting and grubbing-up of the
areas concerned.
7. Member States shall keep a record of all each case dealt with under
this Article.
8. Member States shall keep a record of all transfers of replanting
rights between holdings.
9. A Member State shall notify the Commission if it intends to make
use of the option of extending the period for the use of replanting rights,
from five wine years after the end of the one during which the grubbing-
up took place to up to eight wine years.
Article 5
1. Member States shall ensure that the transfer of rights via a national
reserve and/or regional reserves does not lead to an overall increase inproduction potential on their territory.
2. In applying paragraph 1, Member States may:
(a) make use of the reduction coefficient referred to in Article 5(7) of
Regulation (EC) No 1493/1999; and
(b) apply an equivalent reduction coefficient for other transfers of rights
via a national reserve and/or via regional reserves.
3. In applying the third subparagraph of Article 4(4) of Regulation
(EC) No 1493/1999, Member States may apply an equivalent reductioncoefficient to transfers of rights between holdings.
4. A Member State shall notify the Commission of the creation of
national and/or regional reserves of planting rights or, as the case maybe, of its choice not to implement the reserve system.
5. Where aMember Sta te chooses not to implement the reserve
system, it shall communicate to the Commission proof that an effective
system for managing planting rights exists throughout its territory. Itshall in particular include proof of the need for any derogations from therelevant provisions of Chapter I of Title II of Regulation (EC) No 1493/1999.
6. Member States shall keep a record of all cases where planting
rights are granted from reserves, of all cases where planting rights aretransferred between reserves and all cases where planting rights areallocated to reserves. Any payments made in return for allocating rightsto a reserve or for granting rights from a reserve shall also be recorded.
Article 6
1. Member States shall notify the Commission of the details of the
allocation of the newly created planting rights to a reserve or reserves,
taking into account any newly created planting rights already allocated
under Article 3(2) of Regulation (EC) No 1493/1999.
2. Member States may request the Commission to allocate to them
the newly created planting rights held in the Community reserve. The2000R1227 — EN — 28.06.2001 — 002.001 — 10
▼B
Commission may make such allocations in accordance with the
procedure laid down in Article 75 of Regulation (EC) No 1493/1999.
CHAPTERIII
Abandonmentpremiums
Article 7
Member States shall communicate to the Commission any areas which
they have designated in which the premium for the permanentabandonment of vine-growing may be granted and any conditions towhich that designation is subject.
Article 8
1. Member States shall lay down the application procedure, which
shall in particular provide for:
(a) application deadlines and the information required to accompany the
application;
(b) subsequent verification of the existence of the vines concerned of
the area concerned and of its average yield or production capacity;
(c) subsequent notification of the applicable premium to the producer
concerned;
(d) the possibility of reconsidering the notified applicable premium if
the producer concerned makes a justified request to this end, andnotification of the result of that reconsideration;
(e) verification that grubbing-up has taken place.
2. Payment of the premium shall be made after verification that
grubbing-up has taken place. However, Member States may provide for
the premium to be advanced to the producer before the obligation togrub up has been met, provided that the producer lodges a security of anamount equal to 120 % of the premium. For the purposes of Regulation(EEC) No 2220/85, the obligation shall be the obligation to grub up the
area concerned. In this case, grubbing-up shall take place no later than
the end of the wine year following that during which the premium waspaid.
3. Member States may provide that, for producers who are members
of a ‘producer organisation’ as defined in Article 39 of Regulation (EC)No 1493/1999, the premium shall be reduced by up to 15 %. In suchcases, the sums corresponding to this reduction shall be paid to theproducer organisation in question.
4. A premium may only be granted in respect of areas no smaller than
10 ares but no larger than 25 ares where the area concerned is the entire
wine-growing area of the holding. In this case, the maximum level of the
premium per hectare shall not exceed EUR 4 300.
5. In respect of areas larger than 25 ares, the maximum level of the
premium per hectare shall not exceed:
(a) 1 450 EUR where the average yield per hectare is no greater than 20
hectolitres;
(b) 3 400 EUR where the average yield per hectare is greater than 20
hectolitres but no greater than 30 hectolitres;
(c) 4 200 EUR where the average yield per hectare is greater than 30
hectolitres but no greater than 40 hectolitres;
(d) 4 600 EUR where the average yield per hectare is greater than 40
hectolitres but no greater than 50 hectolitres;
(e) 6 300 EUR where the average yield per hectare is greater than 50
hectolitres but no greater than 90 hectolitres;
(f) 8 600 EUR where the average yield per hectare is greater than 90
hectolitres but no greater than 130 hectolitres;
(g) 11 100 EUR where the average yield per hectare is greater than 130
hectolitres but no greater than 160 hectolitres:2000R1227 — EN — 28.06.2001 — 002.001 — 11
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(h) 12 300 EUR where the average yield per hectare is greater than 160
hectolitres.
6. By way of derogation from paragraph 4, Member States may
decide to grant the premium in respect of areas no smaller than 10 aresbut no larger than 25 ares where the area concerned is not the entirewine-growing area of the holding. In this case, the maximum levels of
premium set out in paragraph 5 shall apply.
Article 9
The period referred to in points (a), (c) and (d) of Article 9 of Regulation
(EC) No 1493/1999 shall each be 10 wine years following the end of thewine year in question.
Article 10
1. Member States shall record details of each application and its
outcome.
2. Member States shall communicate to the Commission in respect of
each wine year:
(a) the total area which has been grubbed up in return for a premium
under Chapter II of Title II of Regulation (EC) No 1493/1999; and
(b) estimates for the following wine year.
This communication shall be made no later than four months after the
end of the wine year in question.
Article 11
Where Member States grant national aid designed to achieve objectives
similar to those sought by Chapter II of Title II of Regulation (EC) No1493/1999, they shall:
(a) record details of each application and its outcome;
(b) communicate to the Commission in respect of each wine year the
total area which has been grubbed up solely in return for a national
aid and the total amount of aid paid. This communication shall bemade no later than four months after the end of the wine year inquestion; and
(c) ensure that the communication made under Article 10(2) of this
Regulation specifies what proportion of the area concerned wasgrubbed up in return for national aid, in addition to a premium under
Chapter II of Title II of Regulation (EC) No 1493/1999, and the total
amount of national aid paid in this context.
CHAPTERIV
Restructuringandconversion
Article 12
For the purposes of Article 11(3) of Regulation (EC) No 1493/1999, the
normal renewal of vineyards which have come to the end of their natural
life shall mean the replanting of the same parcel of land with the same
variety according to the same system of vine cultivation.
Article 13
Member States shall lay down:
(a) a minimum size of parcel which may be the subject of support for
restructuring and conversion, and a minimum size of parcel resulting
from restructuring and conversion;
(b) definitions of the measures to be contained in plans, time limits for
their execution, which shall not exceed five years, a requirement thatall plans shall state, for each financial year, the measures to beexecuted in that financial year, and the area concerned by eachmeasure, and procedures for monitoring such execution;2000R1227 — EN — 28.06.2001 — 002.001 — 12
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(c) rules limiting the use, in implementing a plan, of replanting rights
which arise from grubbing-up as set out in the plan where so doingwould lead to a possible increase in the yield of the area covered by
it. The rules shall be designed to ensure that the objective of the
system is met, and in particular to ensure that there is no overallincrease in production potential in the Member State concerned; and
those rules shall cover the use of new planting rights. They shall lay
down that such rights may be used only where technically necessary
and may not exceed 10 % of the total area covered by the plan. Therules shall also provide for an appropriate reduction in the aidgranted for the areas concerned;
(d) rules governing the detailed scope and the levels of support to be
granted. Subject to the provisions of Chapter III of Title II ofRegulation (EC) No 1493/1999 and this chapter, those rules mayprovide in particular for the payment of flat-rate amounts, for
maximum levels of support per hectare and for the modulation of
support on the basis of objective criteria. The rules shall in particularprovide for appropriately raised levels of support in cases wherereplanting rights which arise from grubbing-up as envisaged in theplan are used in implementing the plan.
Article 14
Where a Member State chooses to draw up restructuring and conversion
plans itself, then it shall lay down:
(a) which bodies or individuals may submit draft plans;
(b) the content of draft plans, which shall include detailed descriptions
of the proposed measures and proposed deadlines for their
execution;
(c) a minimum area to be covered by restructuring and conversion
plans, and any derogations from this requirement which shall beduly justified and based on objective criteria; and
(d) the procedure for the presentation and approval of plans, which shall
in particular provide for deadlines for the submission of draft plansand objective criteria for their prioritisation.
Article 15
1. Support shall be paid after the execution of a specific measure has
been verified.
2. By way of derogation from paragraph 1, Member States may
provide for support to be advanced to the producer before a specificmeasure has been executed provided that:
(a) execution of the specific measure has started;
(b) the producer has lodged a security of an amount equal to 120 % of
the support. For the purposes of Regulation (EEC) No 2220/85, the
obligation shall be to execute the measure concerned within two
years of the advance being made; and
(c) where the producer concerned has previously received an advance of
support in respect of another measure ►
M1on the same parcel ◄,
that other measure has been executed.
3. Where all the measures on a holding, as set out in the plan, are not
executed within the time limits laid down pursuant to point (b) of Article
13, then the producer shall repay all the support granted under the planin respect of the holding in question. However, should more than 80 %of those measures have been executed within the time limits, then therepayment shall be equal to twice the additional support which wouldhave been granted for the completion of all the measures in the plan.2000R1227 — EN — 28.06.2001 — 002.001 — 13
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Article 16
1. The Member States shall forward to the Commission, not later than
30 June each year in respect of the restructuring and conversion system:
(a) a statement of expenditure actually incurred in the current financial
year;
(b) any requests for the subsequent financing of expenditure in the
current financial year in excess of the financial allocations made
pursuant to Article 14(1) of Regulation (EC) No 1493/1999, and the
total area concerned in each case; and
(c) amended expenditure forecasts, and the total areas concerned, for
subsequent financial years until the end of the foreseen period of
implementation of the restructuring and conversion plans, in
accordance with the allocation for each Member State.
2. Without prejudice to the general rules established for budgetary
discipline, where the information which Member States are required totransmit to the Commission according to paragraph 1 is incomplete orthe time limit has not been met, the Commission shall reduce advances
on entry in the accounts of agricultural expenditure on a temporary and
flat-rate basis.
Article 17
1. For each Member State, expenditure actually incurred and declared
for any given financial year shall be financed up to the limit of theamounts notified to the Commission under point (a) of Article 16(1),provided that those amounts do not exceed in total the financial amount
allocated to the Member State pursuant to Article 14(1) of Regulation
(EC) No 1493/1999.
2. Requests made by Member States in accordance with point (b) of
Article 16 shall be accepted on a pro rata basis, using the amountavailable after deducting, for all Member States, the total of the amountnotified in accordance with point (a) of Article 16 from the total
financial amount allocated to the Member States pursuant to Article
14(1) of Regulation (EC) No 1493/1999. The Commission shall notifythe Member States as soon as possible after 30 June of the extent towhich the requests may be accepted.
3. Notwithstanding paragraphs 1 and 2, where the total area notified
in accordance with point (1) of Article 16(1) is less than the number of
hectares indicated in the allocation for the financial year made to the
Member State pursuant to Article 14(1) of Regulation (EC) No 1493/1999, then expenditure declared for the financial year in question shallbe financed only up to a limit which is calculated by reducing the limitreferred to in paragraph 1 in proportion to the shortfall in the total area
notified.
4. Where expenditure actually incurred by a Member State in a given
financial year is less than 75 % of the amounts referred to in paragraph1, the expenditure to be recognised for the following financial year, andthe corresponding total area, shall be reduced by a third of the differencebetween this threshold and the actual expenditure incurred during the
financial year in question.
5. This reduction shall not be taken into account for the expenditure
to be recognised for the financial year following that in which thereduction was made.
6. Amount repaid by producers pursuant to Article 15(3) shall be
deducted from the expenditure to be financed.
7. References to a given financial year shall refer to payments
actually made by Member States between 16 October and the following
15 October.
8. In respect of the 2000-01 financial year:
(a) a Member State which notifies to the Commission under Article
16(1)(a) an amount less than 75 % of the financial allocation made2000R1227 — EN — 28.06.2001 — 002.001 — 14
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to that Member State by Commission Decision 2000/503/EC(1)m ay
forward to the Commission, not later than 30 June, a request forsubsequent financing of expenditure in the 2000-01 financial year in
excess of the amount notified to the Commission under Article
16(1)(a);
(b) a request made by a Member State in accordance with point (a) of
this paragraph shall be accepted to the extent that the sum of theamount accepted and the amount notified under Article 16(1)(a)does not exceed 75 % of the total financial amount allocated to that
Member State by Decision 2000/503/EC. The Commission shall
notify the Member States as soon as possible after 30 June of theextent to which the requests may be accepted;
(c) aMember Sta te which notifies to the Commission under Article
16(1)(a) an amount of at least 75 % of the financial allocation madeto that Member State by Decision 2000/503/EC but less than the
total of that financial allocation, may forward to the Commission,
not later than 30 June, a request for subsequent financing ofexpenditure in the 2000-01 financial year in excess of the amountnotified to the Commission under Article of 16(1)(a);
(d) a request made by a Member State in accordance with point (c) of
this paragraph shall be accepted to the extent that the sum of the
amount accepted and the amount notified under Article 16(1)(a)
does not exceed the total financial amount allocated to that MemberState by Decision 2000/503/EC. The Commission shall notify theMember States as soon as possible after 30 June of the extent towhich the requests may be accepted;
(e) by way of derogation from paragraph 2, requests made by Member
States in accordance with Article 16(1)(b) shall be accepted on a pro
rata basis, using the amount available after deducting, for allMember States, the sum of the total of the amounts notified inaccordance with Article 16(1)(a) and the total of the amountsaccepted under points (b) and (d) of this paragraph from the total
financial amount allocated to the Member States by Decision 2000/
503/EC. The Commission shall notify the Member States as soon aspossible after 30 June of the extent to which the requests may beaccepted.
Article 18
1. Member States shall record the details of all plans, whether or not
approved, and of all measures carried out in pursuance of plans.
2. Member States shall communicate to the Commission in respect of
each wine year, broken down for each plan, the area initially subject tothe plan and its average yield, and the area resulting from restructuring
and conversion and its estimated average yield. This communication
shall be made no later than four months after the end of the wine year inquestion.
CHAPTERV
Informationandgeneral provisions
Article 19
1. Member States shall notify the Commission whether they chose to
draw up the inventory of production potential on a national or on aregional basis.
2. Where a Member State chooses to draw up the inventory on a
regional basis, and where it creates regional reserves under Chapter I ofTitle II of Regulation (EC) No 1493/1999, then the regions used for bothpurposes shall be the same.2000R1227 — EN — 28.06.2001 — 002.001 — 15
(1) OJ L 201, 9.8.2000, p. 4.▼B
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3. The information contained in the inventory shall:
(a) in the case of the areas under vines classified as varieties for the
production of wine, be broken down by category of wine (qualitywines psr and table wines), including the area suitable for theproduction of wines described by a geographical indication. Theproportion of the total area under a given wine variety shall also be
stated where that proportion is significant;
(b) in the case of the stock of existing planting rights, be broken down
to show:
(i) an estimate of the amount, in hectares, of new planting rights
allocated to producers but not yet used,
(ii) an estimate of the amount, in hectares, of replanting rights held
by producers but not yet used,
(iii) the amount, in hectares, of newly created planting rights not yet
allocated to a reserve or reserve or under Article 3(2) of
Regulation (EC) No 1493/1999, and
(iv) the amount, in hectares, of planting rights held in the reserve or
reserves; and
c) in the case of an inventory drawn up on a national basis, be broken
down according to an appropriate regional basis.
4. The inventory shall record the source or sources of the information
contained in it.
5. In relation to the occasion when the inventory is first compiled, it
shall contain information relating to the situation on a date to be chosen
by a Member State in the preceding wine year. It shall also contain
information relating to a historical reference wine year chosen by theMember State which:
(a) shall be compiled, as far as possible, on the same basis as the
information in the rest of the inventory; and
(b) may be based on estimates where necessary.
6. The inventory shall be updated at yearly intervals thereafter in
respect to the situation on the chosen date.
Article 20
1. In the classification of vine varieties for the production of wine,
Member States shall classify varieties by name, together with anysynonymous names and the grape colour.
2. Decisions to classify varieties shall be made on the basis of
objective criteria, including considerations of cultural aptitude, and theanalytical and organoleptic characteristics of wine made from thevarieties concerned.
3. The names and synonymous names of classified varieties shall
follow those laid down by any of:
(a) the International Wine Office (OIV),
(b) the Union for the Protection of Plant Varieties (UPOV), and/or
(c) the International Board for Plant Genetic Resources (IBPGR).
4. For each variety listed in the classifications as a variety for the
production of wine, the classification shall also indicate where it has any
of the following other authorised uses:
(a) table grape variety,
(b) variety for the production of wine spirit,
(c) variety for the production of grapes intended for drying, and
(d) other.
5. The classification shall also make clear any cases of homonymous
names for varieties.2000R1227 — EN — 28.06.2001 — 002.001 — 16
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6. Only varieties which may be placed on the market in at least one
Member State under Directive 68/193/EEC may be included in aMember States classification.
7. By way of derogation from paragraph 6, a Member State may also
include in its classification varieties of wines which were planted prior
to the entry into force of Directive 68/193/EEC and which are still in
place in its territory.
8. Where a Member State, in which Chapter I of Title II of
Regulation (EC) No 1493/1999 applies, classifies a variety for theproduction of wine which has not previously been so classified in theadministrative unit concerned, whether under Community or nationallegislation, areas already planted with that variety may not be used toproduce wine. Member States shall apply an appropriate system to
monitor this prohibition. By way of derogation, Member States may
permit the producer concerned to use new planting rights granted underArticle 3(2) of Regulation (EC) No 1493/1999, replanting rights orplanting rights granted from a reserve in order to permit the areaconcerned to produce wine. Member States shall keep a record of all
such cases.
9. Member States shall communicate their classifications to the
Commission during each wine year, making clear any changes made.
The Member State shall communicate any use of the derogation referred
to in paragraph 7 to the Commission by 31 July 2001, stating whether itintends to apply the derogation referred to in paragraph 8.
10. The Commission shall make available the classifications in such
format and through such media as it considers reasonable.
Article 21
1. When, pursuant to Regulation (EC) No 1493/1999 and this
Regulation, Member States communicate to the Commission the
measures adopted, they shall also provide a brief synopsis of such
provisions.
2. Member States shall retain the information recorded under this
Regulation for at least 10 wine years following the one during which itwas recorded.
3. The communications to be made under this Regulation shall be in
the format set out in the Annex.
CHAPTERVI
Transitionalandfinalprovisions
Article 22
Where aproducer is required, under Title II of Regula tion (EC) No
1493/1999 or this Regulation, to distil any product, neither thedistillation nor the distillate shall benefit from any aid financed by theCommunity.
Article 23
Payments under Title II of Regulation (EC) No 1493/1999 and this
Regulation shall be made in full to the beneficiaries.
Article 24
Regulations (EEC) No 2314/72, (EEC) No 940/81, (EEC) No 3800/81,
(EEC) No 2729/88, (EEC) No 2741/89 and (EEC) No 3302/90 are
hereby repealed.
Article 25
1. Planting rights governed by Regulation (EEC) No 822/87 which,
under that Regulation, were valid until a date later than 31 July 2000shall remain valid until such later date.2000R1227 — EN — 28.06.2001 — 002.001 — 17
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2. After the later date referred to in paragraph 1, those rights shall
automatically be allocated to the appropriate national or regionalreserve. If the appropriate reserve has not been created by that date,
those rights shall be held in abeyance until such a reserve is created. The
rights shall then automatically be allocated to the reserve.
Article 26
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal ofthe European Communities.
It shall apply from 1 August 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2000R1227 — EN — 28.06.2001 — 002.001 — 18
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ANNEX
Format ofcommunicationstobemadeunderthisRegulation
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