2000R1227 — EN — 14.12.2002 — 004.001 — 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
►M3Commission Regulation (EC) No 1342/2002 of 24 July 2002 L 196 23 25.7.2002
►M4Commission Regulation (EC) No 2191/2002 of 10 December 2002 L 334 16 11.12.2002
▼B
COMMISSIONREGULATION(EC)No1227/2000
of31May2000
laying down detailed rules for the application of Council Regula-
tion (EC) No 1493/1999 on the common organisation of the
marketinwine,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 imple-menting rules and by repealing the previous regulations on thissubject, 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 Regula-tion (EC) No 1493/1999, to impose more restrictive nationalrules 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 thegrant, transfer and use of planting rights.
(3)Article 2(3) of Regulation (EC) No 1493/1999 provides forMember States to be able to grant permission in the casesdefined 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 effectivedate of regularisation, in particular to provide for the effectiveimplementation of regularisation in justified cases, in particularby granting the permission from the date of the applicationwhilst 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 appli-cation.
(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 comingfrom such areas before grubbing-uptakes p lace 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 thegrant of new planting rights in the case of measures for land2000R1227 — EN — 14.12.2002 — 004.001 — 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
consolidation or measures concerning compulsory purchase in
the public interest. The new planting rights should not exceedthose 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 Article2(1) of Regulation (EC) No 1493/1999.
(6)Article 3(1) of Regulation (EC) No 1493/1999 also provides forthe grant of new planting rights in the case of wine-growingexperiments. 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 comingfrom such areas both during and after the experimental periodshould not be allowed to disturb the market balance. Accord-ingly, wine-sector products made from grapes coming fromsuch 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 areasconcerned should be grubbed upor p lanting rights should beused to allow them to produce normally. Existing wine-growingexperiments should be allowed 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 plantingrights should only be used for the specified purposes, and wine-sector products made from grapes coming from such areas bothduring and after the period of production of graft nurseries
should not be allowed to disturb the market balance. Accord-
ingly, during the production period grapes coming from suchareas should not be harvested or, if harvested, should bedestroyed. After the production period, either the areasconcerned should be grubbed upor p lanting rights should beused 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 wineor vine products are intended solely for the consumption of thevine grower's family. However, this could lead to an excessiveadministrative burden being imposed due to the large numberof 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, providedthat, in order to prevent disturbance of the market balance, theareas concerned are small and that the vine grower is notengaged in commercial wine production. The areas and produ-
cers concerned should be subject to appropriate monitoring and
sanctions, including the grubbing upof such areas in caseswhere the 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 qualitywine psr or a table wine described by means of a geographicalindication. Such grants may only be made if it has been recog-
nised that production of the wine in question is far below
demand. Such recognition should be based on objective criteriaand data.
(10)To ensure the equivalency and accuracy of such objective dataacross the Community, it should compulsorily include the inven-tory 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, no
replanting rights should be granted in respect of areas which
have been compulsorily grubbed up owing to a breach of therequirements of Regulation (EC) No 1493/1999. To the sameend, no replanting rights should be granted in respect of thegrubbing-upof areas for which p lanting rights have been grantedfor purposes other than the commercial production of wine.2000R1227 — EN — 14.12.2002 — 004.001 — 3
▼B
(12)Article (4) of Regulation (EC) No 1493/1999 provides for the
grant of replanting rights to producers who undertake to grub
upan area of vines. In order to avoid the grant of p lanting rightsin excess of a producer's real needs, such a grant should only bemade for an amount necessary to permit the entire area to beplanted, account being taken of any planting rights already inhis 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. Duringthe period of coexistence of newly planted area and area to begrubbed 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 improvethe management of production potential. In order to avoid distur-
bance of the market balance, the transfer of rights via a reserve
system should not lead to an overall increase in productionpotential on the territory of the Member States, as such avoid-ance has already been provided for in the case of transfer ofrights 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 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 inparts of its territory and another effective system in other partsof 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 needfor any derogations from the provisions of Chapter I of Title IIof that Regulation.
(15)The Commission may decide to make allocations from theCommunity reserve of planting rights referred to in Article6(1)(b) of Regulation (EC) No 1493/1999 on the basis ofrequests from Member States.
(16)Chapter II of Title II of Regulations (EC) No 1493/1999provides for the granting of a premium in return for the perma-nent abandonment of vine growing on a particular area. MemberStates are permitted to decide which area, if any, in their terri-tory should benefit from the premium. Nevertheless, common
detailed rules concerning applications, appropriate maximum
levels of the premium and appropriate dates as referred to inArticle 10 of that Regulations 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-upp rovided that a security islodged to ensure that grubbing-uptakes p lace.
(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 thereforefair 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 ofmaximum levels of support per hectare and the modulation ofsupport on the basis of objective criteria, within the constraintslaid down in that chapter and the provisions adopted in pursu-ance thereof.2000R1227 — EN — 14.12.2002 — 004.001 — 4
▼B
(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 genuineeffect 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 whicharise 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 ofsupport 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 uprestructuring andconversion plans themselves. Since Member States are respon-sible for the approval of plans, they should in this case laydown 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 clari-fied.
(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 that execu-tion of the measure takes place.
(24)Detailed provisions should be established as to financial plan-ning and as to participation in the financing of the system forrestructuring and conversion. In this connection, Member Statesshould report regularly to the Commission on the state of finan-
cing 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 allo-
cations according to needs and to past performance.
(26)The general rules concerning budgetary discipline, and in parti-cular those relating to incomplete or incorrect declarations on thepart of Member States, should apply in addition to the specificrules established by this Regulation.
(27)Details of the financial administration of the system will begoverned by the rules adopted for the implementation of CouncilRegulation (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 implementa-tion of Title II of Regulation (EC) No 1493/1999 and of theproper management of the market, that the Commission hasavailable 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 besent to the Commission in a fixed format. Other informationnecessary 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 donot wish to benefit by seeking the regularisation of unlawfullyplanted areas, the increase in planting rights, or support forrestructuring and conversion are not obliged to compile theinventory.2000R1227 — EN — 14.12.2002 — 004.001 — 5
(1) OJ L 160, 26.6.1999, p. 103.
▼B
(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, theinformation contained in it and communication and publicationof the classification should be adopted. The classification systemas such should not lead to an any increase in production poten-tial.
(31)In principle, only those varieties which may be placed on themarket in at least one Member State under Council Directive68/193/EEC of 9 April 1968 on the marketing of material forthe vegetative propagation of the vine(
1), 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 plantedbefore the entry into force of that Directive should also beeligible for classification.
(32)Where a producer is obliged to distil products due to a breach 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 validuntil a date later than 31 July 2000 should remain valid untilsuch later date in order to ensure that they are not lost in thetransition 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 regionalreserve, 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:
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.
1a. The deadline of 31 July 2002 laid down in Article 2(3) of Regu-
lation (EC) No 1493/1999 shall be postponed to 31 March 2003.
2. Where application has been made by a producer for a derogation,
the Member State concerned may, whilst the application is underconsideration, permit grapes coming from the areas concerned from2000R1227 — EN — 14.12.2002 — 004.001 — 6
(1) OJ L 93, 17.4.1968, p. 15.▼M4
▼B
▼B
the date of submission of the application to be used for producing wine
to be marketed.
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 areasconcerned, from the date of submission of the application until thedate of its refusal; or
(b) require the producer to distil wine production of a quantity equiva-
lent to the amount of wine made from grapes coming from the
areas concerned, from the date of submission of the application
and marketed from that date until the date of its refusal thisproduction shall not be used in the production of products havingan actual 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
rights subsequent to the planting of the area concerned. However, thisperiod shall not extend beyond ►
M315 July 2002 ◄. A Member
State may only grant a derogation pursuant to that provision wherethe 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 takenunder 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 beenapplied for, the total area for which a derogation has been granted andthe total area for which a derogation has been refused. This communi-cation shall be made no later than four months after the end of the
wine year in question.
8. Where an area is to be grubbed upp ursuant 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 tobe applied. In either case, these products may not be used in thepreparation of alcohol having an actual alcoholic strength of 80 % volor less.
9. Member States shall keepa 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 thepublic interest adopted under national legislation, they shall ensurethat these rights are not granted for an area greater in terms of purecropthan 105 % of the area under vines which was the subject of the
measures for land consolidation or measures concerning compulsory
purchases in the public interest. Member States shall record each casewhere 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 theexperimental period.
During this period, products made from grapes coming from such areas
may not be marketed.2000R1227 — EN — 14.12.2002 — 004.001 — 7
▼B
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 orplanting 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-upshall be borne by the p roducer concerned.Until the area concerned is grubbed up, products made from grapescoming from such areas 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.
3. New planting rights, and any conditions as to the use of such
rights or areas planted pursuant to them, granted prior to 1 August2000 for wine-growing experiments shall continue to apply during theexperimental 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. Suchnew planting rights shall only apply during the period of productionof 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 orplanting 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-upshall be borne by the p roducer concerned.Until the area concerned is grubbed up, products made from grapescoming from such areas 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. 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 areintended 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-uprequirement 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
States shall apply an appropriate system to monitor this prohibition.Should a breach of this prohibition be discovered, then in addition toany penalties imposed by the Member State, the area concerned shallbe grubbed upat the exp ense of the vine grower concerned. Until thearea concerned is grubbed up, products made from grapes coming from2000R1227 — EN — 14.12.2002 — 004.001 — 8
▼B
such areas may be put into circulation only for the purposes of distilla-
tion. These products may not be used in the preparation of alcoholhaving an actual alcoholic strength 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 meansof a geographical indication where they have carried out an assessmentwhich confirms that the production of the wine in question is far below
demand. Member States shall base these assessments on objective
criteria and data. This objective data shall include the inventory ofproduction potential for the region in question, or equivalent informa-tion. Member States shall keepa record of all such assessments andobjective criteria and data. Where a Member State has recognised that
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
the derogation in paragraph 7, it shall instead communicate an esti-mate of the total area concerned, which shall be based on theresults of the monitoring 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 eachwine concerned, and the details of the assessment carried out,including the 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 upp ursuant 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 shall
be granted. Furthermore, no replanting rights shall be granted in the
event of grubbing-upof:
(a) any area of vines in the implementation of measures for land
consolidation or measures concerning compulsory purchases in thepublic interest, where new planting rights have been granted in
relation 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 upan area of vines before the end of the third
year after the area was planted, where that producer can show that hehas no, or insufficient, planting rights in his possession which could beused to permit the entire area concerned to be planted with vines. AMember State shall grant no more rights to a producer than are neces-sary to permit the entire area concerned to be planted with vines,
taking into account any rights already in his possession. The producer
shall specify the 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 areaconcerned shall constitute the ‘primary requirements’ within the2000R1227 — EN — 14.12.2002 — 004.001 — 9
▼B
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 of objective criteria. The security shall be set
at a level which is proportionate and sufficient to dissuade producers
from failing to carry out their undertaking.
4. Until the undertaking to grub uphas been carried out, Member
States shall ensure that, in any given wine year, there is not simulta-
neously a commercial production of wine from both the area to be
grubbed upand the newly p lanted 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
having an 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 alcoholhaving an actual alcoholic strength of 80 % vol or less.
5. If the undertaking to grub upis 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 keepa record of all each case dealt with
under this Article.
8. Member States shall keepa record of all transfers of rep lanting
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 replantingrights, from five wine years after the end of the one during which thegrubbing-uptook p lace to upto 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 overallincrease in production 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 reduction
coefficient 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 a Member State chooses not to implement the reserve
system, it shall communicate to the Commission proof that an effectivesystem for managing planting rights exists throughout its territory. Itshall in particular include proof of the need for any derogations from
the relevant provisions of Chapter I of Title II of Regulation (EC) No
1493/1999.
6. Member States shall keepa record of all cases where p lanting
rights are granted from reserves, of all cases where planting rights aretransferred between reserves and all cases where planting rights are2000R1227 — EN — 14.12.2002 — 004.001 — 10
(1) OJ L 205, 3.8.1985, p. 5.
▼B
allocated to reserves. Any payments made in return for allocating rights
to 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 allocatedunder 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. TheCommission may make such allocations in accordance with the proce-
dure 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 permanent aban-donment of vine-growing may be granted and any conditions to whichthat 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-uphas taken p lace.
2. Payment of the premium shall be made after verification that
grubbing-up has taken place. However, Member States may providefor the premium to be advanced to the producer before the obligation
to grub up has been met, provided that the producer lodges a security
of an amount equal to 120 % of the premium. For the purposes ofRegulation (EEC) No 2220/85, the obligation shall be the obligationto grub upthe area concerned. In this case, grubbing-upshall takeplace no later than the end of the wine year following that during
which the premium was paid.
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
such cases, the sums corresponding to this reduction shall be paid tothe producer organisation in question.
4. For all holdings where the wine-growing area does not exceed 25
ares, a premium may be awarded at a maximum level per hectare notexceeding EUR 4 300.
The Member States may decide to grant the premium referred to in the
first subparagraph to holdings where the wine-growing area exceeds 25ares for the purpose of grubbing up areas between a minimum of 10ares and a maximum of 25 ares.2000R1227 — EN — 14.12.2002 — 004.001 — 11
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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) 11100 EUR where the average yield per hectare is greater than
130 hectolitres but no greater than 160 hectolitres:
(h) 12300 EUR where the average yield per hectare is greater than
160 hectolitres.
Article 9
The period referred to in points (a), (c) and (d) of Article 9 of Regula-
tion (EC) No 1493/1999 shall each be 10 wine years following the endof the wine 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 upin return for a p remium
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 upsolely in return for a nationalaid 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 upin return for national aid, in addition to a p remiumunder Chapter II of Title II of Regulation (EC) No 1493/1999,and the total amount of national aid paid in this context.2000R1227 — EN — 14.12.2002 — 004.001 — 12
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CHAPTERIV
Restructuringandconversion
Article 12
1. For the purposes of Article 11(3) of Regulation (EC) No 1493/
1999:
(a) ‘the normal renewal of vineyards which have come to the end of
their natural life’ means the replanting of the same parcel of landwith the same variety according to the same system of vine cultiva-
tion;
(b) ‘young farmers’ means farmers who are under 40 years of age, who
possess adequate occupational skill and competence and who aresetting upfor the first time on a wine-p roducing holding as the
head of the holding.
2. The new planting rights referred to in the third subparagraph of
Article 11(3) of Regulation (EC) No 1493/1999 shall include the rights
referred to in Article 25(1) of this Regulation.
Article 13
1. The competent authorities of the Member States shall lay down a
minimum size of parcel which may qualify for support for restructuringand conversion, and a minimum size of parcel resulting from restruc-turing and conversion.
2. The competent authorities of the Member States shall lay down:
(a) definitions of the measures to be contained in plans;
(b) time limits for their implementation, which shall not exceed five
years;
(c) a requirement that all plans shall state, for each financial year, the
measures to be implemented in that financial year, and the areaconcerned by each measure;
(d) procedures for monitoring such implementation.
3. The competent authorities of the Member States shall lay down
rules restricting the use, in implementing a plan, of replanting rightswhich arise from grubbing-upas set out in the p lan where so doingwould lead to a possible increase in the yield of the area covered byit. The rules shall be designed to ensure that the objective of thescheme is met, and in particular that there is no overall increase in
production potential in the Member State concerned.
The competent authorities of the Member States shall lay down rules
governing the use of new planting rights. These rules shall providethat such rights may be used only if they are necessary from a technicalpoint of view and in a proportion not exceeding 10 % of the total areacovered by the plan. These rules shall also provide for an appropriatereduction of the support granted for these areas.
As regards the new planting rights referred to in the third subparagraph
of Article 11(3) of Regulation (EC) No 1493/1999, the rules referred to
in the second subparagraph of this paragraph shall provide that:
(a) the limit of 10 % referred to in the second subparagraph of this
paragraph shall not apply,
(b) the new planting rights granted to young farmers shall not exceed
30 % of the amount of the newly created planting rights attributed
to the Member State concerned under Article 6(1)(a) of Regulation
(EC) No 1493/1999.
4. The competent authorities of the Member States shall adopt rules
governing the specific scope and the levels of support to be granted.Subject to Chapter III of Title II of Regulation (EC) No 1493/1999and this Chapter, those rules may provide in particular for the paymentof flat-rate amounts, maximum levels of support per hectare and differ-2000R1227 — EN — 14.12.2002 — 004.001 — 13
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entiation of support on the basis of objective criteria. The rules shall in
particular provide for appropriately higher levels of support in caseswhere replanting rights arising from grubbing-up under the plan are
used in implementing the plan.
Article 14
Where a Member State chooses to draw uprestructuring and conver-
sion 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 execu-tion;
(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
plans and objective criteria for their prioritisation.
Article 15
1. The support shall be paid once it is ascertained that a given
measure has been implemented.
If checks show that the measure covered by the aid application has not
been fully implemented, but has nevertheless been implemented onmore than 80 % of the area concerned within the time limit laid
down, then the support shall be paid minus an amount equal to twice
the additional support which would have been granted if the measurehad been implemented on the entire area.
2. As an exception to paragraph 1, the Member States may provide
for support for a given measure to be advanced to producers before that
measure has been implemented, provided that implementation hasbegun and the beneficiary has lodged a security equal to 120 % of thesupport. For the purposes of Regulation (EEC) No 2220/85, the obliga-tion shall be to implement the measure concerned within two years of
the advance being paid.
That period may be adjusted by the Member State in cases where:
(a) the areas concerned are part of an area which has suffered a natural
disaster recognised by the competent authorities of the MemberState concerned;
(b) the planned measure cannot be implemented because the plant
material suffers health problems which have been certified by abody recognised by the Member State concerned.
In order for support to be paid in advance, any previous measure
carried out on the same parcel, for which the producer also receivedsupport in advance, must have been fully implemented.
If checks show that the measure covered by the aid application, and for
which an advance has been paid, has not been fully implemented, buthas nevertheless been implemented on more than 80 % of the areaconcerned within the time limit laid down, then the security shall bereleased minus an amount equal to twice the additional support whichwould have been granted if the measure had been implemented on the
entire area.
Where a producer opts, before a deadline set by the Member State
concerned, against support being paid in advance, 95 % of the security
shall be released. The Member States shall notify the Commission of
the deadline they set to implement this subparagraph.
Where a producer decides, before a deadline set by the Member State
concerned, not to implement a measure, that producer shall repay any2000R1227 — EN — 14.12.2002 — 004.001 — 14
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advance which has already been paid, after which 90 % of the security
shall be released. The Member States shall notify the Commission ofthe deadline they set to implement this subparagraph.
3. Where not all the measures covered by an support application are
implemented within the deadline fixed under Article 13(2), theproducer shall repay the full amount of the support paid out underthat application.
However, if all the measures covered by the support application have
been implemented on more than 80 % of the areas concerned withinthe time limits, then the amount to be repaid shall be equal to twice
the additional support which would have been granted if all the
measures in the plan had been implemented on all the areas.
4. For the purpose of this Article, a tolerance of 5 % shall be
applied when the areas concerned are checked.
Article 15a
1. As an exception to Article 15, the Member States may provide
that the support is to be paid after verification that all the measurescovered by the support application have been implemented. If checksshow that all the measures covered by the support application have
not been fully implemented, but have nevertheless been implemented
on more than 80 % of the area concerned within the time limit laiddown, then the support shall be paid minus an amount equal to twicethe additional support which would have been granted if the measurehad been implemented on the entire area.
2. As an exception to paragraph 1, the Member States may allow the
support for all the measures covered by the support application to be
advanced to producers before those measures have been implemented,provided that implementation has begun and the beneficiary has lodgeda security equal to 120 % of the support. For the purposes of Regula-tion (EEC) No 2220/85, the obligation shall be to implement all themeasures within two years of the advance being paid.
That period may be adjusted by the Member State in cases where:
(a) the areas concerned are part of an area which has suffered a natural
disaster recognised by the competent authorities of the Member
State concerned;
(b) the planned measure cannot be implemented because the plant
material suffers health problems which have been certified by a
body recognised by the Member State concerned.
If checks show that all the measures covered by the support applica-
tion, and for which an advance has been paid, have not been fullyimplemented, but have nevertheless been implemented on more than80 % of the area concerned within the time limit laid down, then thesecurity shall be released minus an amount equal to twice the addi-
tional support which would have been granted if all the measures had
been implemented on the entire area.
Where a producer opts, before a deadline set by the Member State
concerned, against support being paid in advance, 95 % of the securityshall be released. The Member States shall notify the Commission ofthe deadline they set to implement this subparagraph.
Where a producer decides, before a deadline set by the Member State
concerned, not to implement all the measures covered by the support
application, that producer shall repay any advance which has alreadybeen paid, after which 90 % of the security shall be released. TheMember States shall notify the Commission of the deadline they set toimplement this subparagraph.
3. For the purpose of this Article, a tolerance of 5 % shall be
applied when the areas concerned are checked.2000R1227 — EN — 14.12.2002 — 004.001 — 15
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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 conversionsystem:
(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 madepursuant to Article 14(1) of Regulation (EC) No 1493/1999, andthe 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 ofimplementation of the restructuring and conversion plans, in accor-dance 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 or
the time limit has not been met, the Commission shall reduce advances
on entry in the accounts of agricultural expenditure on a temporary andflat-rate basis.
Article 17
1. For each Member State, expenditure actually incurred and
declared for any given financial year shall be financed upto the limitof the amounts notified to the Commission under point (a) of Article16(1), provided that those amounts do not exceed in total the financialamount 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 amount avail-able after deducting, for all Member States, the total of the amountnotified in accordance with point (a) of Article 16 from the total finan-cial amount allocated to the Member States pursuant to Article 14(1) ofRegulation (EC) No 1493/1999. The Commission shall notify the
Member States as soon as possible after 30 June of the extent to which
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 ofhectares indicated in the allocation for the financial year made to theMember State pursuant to Article 14(1) of Regulation (EC) No 1493/1999, then expenditure declared for the financial year in question shall
be financed only upto a limit which is calculated by reducing the limit
referred to in paragraph 1 in proportion to the shortfall in the total areanotified.
4. Where expenditure actually incurred by a Member State in a
given financial year is less than 75 % of the amounts referred to inparagraph 1, the expenditure to be recognised for the following finan-cial year, and the corresponding total area, shall be reduced by a third
of the difference between 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 actu-
ally made by Member States between 16 October and the following 15October.2000R1227 — EN — 14.12.2002 — 004.001 — 16
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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
made to that Member State by Commission Decision 2000/503/EC(
1) may forward to the Commission, not later than 30 June, a
request for subsequent financing of expenditure in the 2000-01financial 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 the
amount accepted and the amount notified under Article 16(1)(a)
does not exceed 75 % of the total financial amount allocated tothat Member State by Decision 2000/503/EC. The Commissionshall notify the Member States as soon as possible after 30 Juneof the extent to which the requests may be accepted;
(c) a Member State which notifies to the Commission under Article
16(1)(a) an amount of at least 75 % of the financial allocationmade to 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 finan-cing of expenditure in the 2000-01 financial year in excess of theamount notified 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 theamount accepted and the amount notified under Article 16(1)(a)does not exceed the total financial amount allocated to thatMember State by Decision 2000/503/EC. The Commission shall
notify the Member States as soon as possible after 30 June of the
extent to which 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 apro 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 assoon as possible after 30 June of the extent to which the requestsmay be accepted.
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 subjectto the plan and its average yield, and the area resulting from restruc-turing and conversion and its estimated average yield. Thiscommunication shall be made no later than four months after the endof the wine year in question.
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 upthe inventory on a
regional basis, and where it creates regional reserves under Chapter I2000R1227 — EN — 14.12.2002 — 004.001 — 17
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of Title II of Regulation (EC) No 1493/1999, then the regions used for
both purposes shall be the same.
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 (quality
wines 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 alsobe 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 upon a national basis, be broken
down according to an appropriate regional basis.
4. The inventory shall record the source or sources of the informa-
tion 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 chosenby the Member State which:
(a) shall be compiled, as far as possible, on the same basis as the infor-
mation 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 the vari-
eties 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 hasany 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 — 14.12.2002 — 004.001 — 18
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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 plantedprior to the entry into force of Directive 68/193/EEC and which arestill in place in its territory.
8. Where a Member State, in which Chapter I of Title II of Regula-
tion (EC) No 1493/1999 applies, classifies a variety for the productionof wine which has not previously been so classified in the administra-tive unit concerned, whether under Community or national legislation,areas already planted with that variety may not be used to producewine. 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 under Article3(2) of Regulation (EC) No 1493/1999, replanting rights or plantingrights granted from a reserve in order to permit the area concerned toproduce 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 derogationreferred to in paragraph 7 to the Commission by 31 July 2001, statingwhether it intends 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 Regu-
lation, Member States communicate to the Commission the measuresadopted, 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 whichit was 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 a producer is required, under Title II of Regulation (EC) No
1493/1999 or this Regulation, to distil any product, neither the distilla-tion 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 arehereby 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.
2. After the later date referred to in paragraph 1, those rights shall
automatically be allocated to the appropriate national or regional2000R1227 — EN — 14.12.2002 — 004.001 — 19
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reserve. 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 of the 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 — 14.12.2002 — 004.001 — 20
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ANNEX
Format ofcommunicationstobemadeunderthisRegulation
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