(4)

Article 81 is replaced by the following: ‘Article 81 Control related to the production potential and to the operations of restructuring and conversion of vineyards 1. In order to verify the compliance with the provisions on production potential laid down in Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007, including the transitional prohibition on new planting laid down in Article 85g(1) of that Regulation, as well as with the provisions foreseen in Article 103q of that Regulation relating to operations of restructuring and conversion of vineyards, Member States shall make use of the vineyard register. 2. When granting replanting rights as foreseen in Article 85i of Regulation (EC) No 1234/2007, areas shall be systematically verified before and after the execution of the grubbing up. The plots to be checked shall be those for which a replanting right is to be granted. The control before the grubbing-up shall also cover the verification of the existence of the vineyard concerned. This control shall be carried out by an on-the-spot check. However, if the Member State has available a reliable updated computerised vineyard register, the control may be carried out administratively and the obligation of an on-the-spot check before grubbing-up may be limited to 5 % of the applications, on an annual basis, in order to confirm the reliability of the administrative control system. Should such an on-the-spot check reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall appropriately increase the number of on-the-spot checks during the year concerned and the following year. 3. Areas receiving a grubbing-up premium shall be systematically verified before and after the grubbing up. The plots to be verified shall be those which are subject to an application for aid. The control before the grubbing-up shall also cover the verification of the existence of the vineyard concerned, the area planted determined in accordance with Article 75 and whether the given area has been properly tended. This control shall be carried out by an on-the-spot check. However, if the Member State has available a graphical tool or an equivalent instrument that allows measurement of the area planted in accordance with Article 75 in the computerised vineyard register, and reliable updated information about the parcel being properly tended, the control may be carried out administratively and the obligation to carry out an on-the-spot check before the grubbing up, may be limited to 5 % of the applications in order to confirm the reliability of the administrative control system. Should such an on-the-spot check reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall increase the number of on-the-spot checks appropriately during the year concerned. 4. The control that the grubbing-up has actually taken place, shall be carried out by an on-the-spot check. In the case of grubbing up of the entire vineyard parcel or if the resolution of the remote sensing is equal to or better than 1 m2, the verification may be carried out by remote sensing. 5. As regards areas receiving a grubbing-up premium, without prejudice to paragraph 3, third subparagraph and paragraph 4, at least one of the two verifications mentioned in the first subparagraph of paragraph 3 shall be carried out by an on-the-spot check. 6. Areas receiving aid for operations of restructuring and conversion of vineyards shall be systematically verified before and after the execution of the operations. The plots to be checked shall be those for which an application for aid has been submitted. The control before the operations shall also cover the verification of the existence of the vineyard concerned, the area planted determined in accordance with Article 75 and the exclusion of the case of normal renewal of vineyards as defined in Article 6. The control referred to in the second subparagraph shall be carried out by an on-the-spot check. However, if the Member State has available a graphical tool or an equivalent instrument that allows measurement of the area planted in accordance with Article 75 in the computerised vineyard register, and reliable updated information about the planted grape wine varieties, the control may be carried out administratively and, consequently, the obligation to carry out an on-the-spot check before the execution of the operations may be limited to 5 % of the applications in order to confirm the reliability of the administrative control system. Should such an on-the-spot check reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall increase the number of on-the-spot checks appropriately during the year concerned.’