No C 259/10 Official Journal of the European Communities 27.9. 84 
Proposal for a Council Regulation on the granting for the 1985/86 to 1989/90 wine years 
of permanent abandonment premiums in respect of certain areas under vines 
COM(84) 515 final 
(Submitted by the Commission to the Council on 12 September 1984) 
(84/C 259/09) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 42 and 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the increasing imbalance on the market in 
wine and experience gained, in particular of the 
application of Council Regulation (EEC) No 456/80 
of 18 February 1980 on the granting of temporary 
and permanent abandonment premiums in respect of 
certain areas under vines and of premiums for the 
renunciation of replanting (*), as last amended by 
Regulation (EEC) No 1597/83 (2), point to the 
necessity of intensifying efforts to reduce the 
Community's production potential; whereas such a 
reduction must affect all types of area under vines 
except those the grapes of which are made into 
quality wines produced in specified regions or high 
quality table wines; 
Whereas the abandonment of areas under vines 
should therefore be encouraged by the granting over 
the next five wine years of premiums, differentiated in 
amount according to the productivity of the area 
concerned, calculated to compensate for the cost of 
the grubbing operation, the loss of the right to replant 
and the future income lost; 
Whereas a reduction in the number of viticultural 
holdings will limit the dispersion of supply to the 
market and simplify market management; whereas an 
additional incentive should be made available to vine-
growers who grub up all their vines; 
O OJ No L 57, 29. 2. 1980, p. 6. 
O OJ No L 163, 22. 6. 1983, p. 52. Whereas, in order to prevent unjustifiable 
expenditure, a prohibition should be introduced on 
cumulation of these premiums with other premiums 
provided for by Community legislation; 
Whereas, in order to permit proper management of 
this abandonment premium scheme, final dates should 
be set for the lodging of applications and conditions 
to be met by applicants should be laid down; 
whereas, in order to obtain lasting results, the 
recipients of the abandonment premium should be 
placed under an obligation not to increase their area 
under vines during the 20 following wine years; 
Whereas the grubbing of vineyards by viticulturists 
who are members of cooperatives will reduce the 
quantities of grapes delivered to such cooperatives 
and thereby increase processing costs; whereas it is 
only fair therefore to provide for compensation to 
such organizations in cases where the reduction in 
grape deliveries resulting from the abandonment 
measures is significant; 
Whereas, in order to ensure that the premium system 
is properly implemented, it should be specified that 
national aid may be granted if it is intended to 
achieve similar objectives to those of the scheme; 
Whereas all the measures in question serve the 
interests of the Community and are designed to 
achieve the objectives laid down in Article 39 (1) (a) 
of the Treaty; whereas they constitute a common 
measure for the purposes of Article 6 (1) of Regu­
lation (EEC) No 729/70 of 21 April 1970 on the 
financing of the common agricultural policy, as last 
amended by Regulation (EEC) No 929/79; 
Whereas, in order to ensure maximum effectiveness, 
arrangements should be made for rapid payment of 
the aid to recipients and for rapid payment to the 
Member States of contributions from the European 
Agricultural Guidance and Guarantee Fund; whereas 
payments should not, however, be made until proof 
of grubbing is presented, 
27. 9. 84 Official Journal of the European Communities No C 259/11 
HAS ADOPTED THIS REGULATION: 
TITLE I 
Permanent abandonment of certain areas under vines 
Article 1 
1. Vine-growers cultivating areas under vines: 
(a) for the production of: 
— table wine, 
— table grapes, 
— grapes for drying, 
— wine for the production of a wine spirit of 
designated origin in the Charentes region, 
or 
(b) used as root-stock nurseries planted with root-
stock varieties listed in the classification of vine 
varieties 
shall, upon application and subject to the conditions 
laid down in this Regulation, qualify during the wine 
years 1985/86 to 1989/90, for a premium for the 
permanent abandonment of vine-growing, hereinafter 
referred to as 'permanent abandonment premium'. 
As regards areas for the production of table wines, 
areas classified in accordance with Articles 29 and 
29a of Regulation (EEC) No 337/79 as category 1 
and planted with recommended wine-grape varieties 
shall not be eligible for the premium. 
2. Where the permanent abandonment premium is 
granted, the right to replant shall be forfeited. 
Article 2 
1. The amount of the premium per hectare is 
hereby fixed as follows: 
(a) For areas planted with wine-grape varieties: 
— 5 000 ECU if the average yield per hectare of 
the said areas is 90 hectolitres or less, 
— 6 500 ECU if the yield per hectare of the said 
areas is more than 90 hectolitres but less than 
130 hectolitres, 
— 8 000 ECU if the yield per hectare of the said 
areas is over 130 hectolitres. 
The average yield per hectare of the areas in question 
shall be calculated on the basis of the average of the 
yields obtained from those areas over the three wine 
years preceding that in which the application for the 
premium is submitted. (b) For areas planted with table-grape varieties: 
— 9 000 ECU in the case of large-grape vine 
varieties listed in the Annex trained by the 
pergola method, 
— 7 000 ECU in the case of vine varieties other 
than those referred to in the first indent 
trained by the pergola method, 
— 6 000 ECU in the case of the vine varieties 
referred to in the first indent trained by a 
method other than the pergola method, 
— 5 000 ECU in the case of vine varieties other 
than those referred to in the first indent 
trained by a method other than the pergola 
method. 
(c) For areas for the production of wine for making 
wine spirit of designated origin in the Charentes 
region: 6 000 ECU. 
(d) For areas planted with vine varieties classified as 
dried-grape varieties: 6 000 ECU. 
(e) For areas used as root-stock nurseries: 5 000 
ECU. 
2. The amounts specified in paragraph 1 shall be 
increased by 1 000 ECU per hectare if the areas 
concerned were planted up to 15 years before the 
beginning of the wine year during which the aid 
application is submitted. 
3. The amounts specified in paragraphs 1 and 2 
shall be increased by 500 ECU per hectare if the 
areas concerned constitute the entire vineyard area 
cultivated by the applicant. 
4. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 67 of Regulation (EEC) No 
337/79. 
Article 3 
1. The following shall not qualify for the 
permanent abandonment premium: 
(a) areas under vines located on the same holding 
which total less than 25 hectares; 
(b) areas under vines known to have been in 
infringement of Community or national 
provisions; 
(c) areas under vines which are no longer tended or 
of very low productivity; 
(d) areas on which vines were planted after the entry 
into force of this Regulation. 
2. Holdings which have received the premium 
referred to in paragraph 1 may not subsequently 
receive the aids referred to in the first, second and 
No C 259/12 Official Journal of the European Communities 27.9.84 
third indents of Article 13 (1) of Council Regulation 
(EEC) No 458/80 of 18 February 1980 on collective 
projects for the restructuring of vineyards. 
3. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 67 of Regulation (EEC) No 
337/79. 
Article 4 
1. Applications for premiums must be submitted to 
the departments designated by the Member States 
before 31 December of each wine year specified in 
Article 1 (1). 
Applications relating to areas under wine grapes shall 
be accompanied by a declaration by the applicant 
stating the average yield per hectare of the said areas 
during the three preceding wine years. 
2. The grant of the premium shall be subject to a 
written declaration in which the applicant undertakes: 
— by 1 April of the year following that in which the 
application is submitted, to grub or have grubbed 
the vines on the areas for which the premium has 
been requested, 
— not to plant on his holding new vines within the 
meaning of Annex IVa (e) to Regulation (EEC) 
No 337/79 for 20 wine years following that in 
which the vines are grubbed, 
— to declare each year during that period, where 
appropriate at the same time as his harvest, the 
area under vines which is in production and the 
area which is not yet in production. 
3. The grant of the premium shall also be subject 
to the applicant: 
— being entitled, in accordance with national laws, 
to continue to cultivate the land in question 
during the period referred to in the second indent 
of paragraph 2, 
— producing, if he does not fulfil the condition 
referred to in the first indent, a written under­
taking by the owner of the land that he will 
guarantee that the obligations referred to in 
paragraph 2 are complied with or that he will 
comply with them personally. 
If, after the granting of the premium and in the 
course of the period referred to in the second indent 
of paragraph 2, all or part of the holding should pass 
to another party, the recipient of the premium or his 
assignees shall remain responsible for the performance 
by the successor of the undertaking entered into by 
the recipient) unless: — the successor enters into such an undertaking on 
his own account for the remainder of the period, 
or 
— the owner has given the undertaking provided for 
in the second indent of the first subparagraph. 
Article 5 
1. For the grant of the permanent abandonment 
premium, mixed cultivation areas shall be expressed 
as specialized cultivation areas by using the customary 
conversion factor for the wine-growing area 
concerned. 
2. Where the area for which the permanent 
abandonment premium is requested contains a 
mixture of several vine varieties, some of which do 
not qualify for the premium, the premium shall be 
granted: 
— for the entire area, provided that the varieties 
which qualify for the premium cover more than 
70 % of the area in question, 
— for the section of the area actually covered with 
the varieties which qualify for the premium where 
those varieties cover 70 % or less of the area in 
question. 
3. The amount of the permanent abandonment 
premium shall be paid in a single payment not more 
than six months after the applicant has furnished 
proof that grubbing has in fact taken place. 
4. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 67 of Regulation (EEC) No 
337/79. 
Article 6 
1. During the wine years 1986/87 to 1990/91, 
financial compensation shall be granted to wine 
cooperatives and other associations of vine-growers 
furnishing proof that: 
— they have had to reduce their activity as a result 
of the lower level of deliveries from their members 
following the grant of the permanent 
abandonment premium, 
— the area cultivated by their members has been 
reduced by at least 10 % compared with the 
situation during the 1984/85 wine year. 
The compensation referred to in the first subpara­
graph shall be 1 000 ECU per hectare of vineyard for 
which members have received the permanent 
abandonment premium. 
2. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 67 of Regulation (EEC) No 
337/79. 
27.9.84 Official Journal of the European Communities No C 259/13 
TITLE II 
General and financial provisions 
Article 7 
The Council, acting by a qualified majority on a 
proposal from the Commission, may decide to alter: 
— the amount of the premium, 
— the date given in Article 4(1). 
Using the same procedure, the Council may derogate 
from the date given in Article 4 (2), first indent. 
Article 8 
1. The Member States shall verify that the under­
takings referred to in Articles 4 (2) and (3) are being 
respected. 
2. The Member States shall inform the 
Commission of the results of this verification. 
3. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 67 of Regulation (EEC) No 
337/79. 
Article 9 
1. The set of measures provided for in this Regu­
lation shall constitute a common measure within the 
meaning of Article 6 (1) of Regulation (EEC) No 
729/70. Article 11 
1. The expenditure incurred by the Member States 
in respect of the measures provided for in this Regu­
lation shall be eligible for financing by the Guidance 
Section of the European Agricultural Guidance and 
Guarantee Fund. 
2. The Guidance Section of the European Agri­
cultural Guidance and Guarantee Fund shall refund 
to the Member States 60 % of the eligible 
expenditure after notification by the Member States 
of: 
the areas 
furnished, for which proof of grubbing has been 
— the areas concerned by Article 6, 
— an undertaking to pay the beneficiaries within two 
months following payment by the Fund and 
without prejudice to Article 5 (3) the premium 
referred to in Article 1 and the compensation 
referred to in Article 6. 
Article 12 
1. Applications for a contribution from the Fund 
shall be submitted by the Member States before 
1 May of each year. 
They shall relate to: 
— grubbing operations carried out for each wine 
year before 1 April of the same year 
— compensation as referred to in Article 6 applied 
for before that date. 
2. The measures referred to in paragraph 1 shall 
end: 
— with the 1989/90 wine year as regards the 
permanent abandonment premium, 
— with the 1990/91 wine year as regards the 
financial compensation referred to in Article 6. 
Article 10 
1. The estimated cost of the common measure to 
the European Agricultural Guidance and Guarantee 
Fund, Guidance Section, is 947,8 million ECU. 
2. Article 6 (5) of Regulation (EEC) No 729/70 
shall apply to this Regulation. 2. The Commission shall take a decision on these 
applications, on one or more occasions, in accordance 
with the procedure laid down in Article 7 (1) of 
Regulation (EEC) No 729/70. 
Article 13 
1. Each year, before 31 December, the Member 
States shall send the Commission a record of the 
permanent abandonment premiums and financial 
compensation pursuant to Article 6 granted during 
the preceding wine year. 
2. Where it emerges that the amount paid by the 
European Agricultural Guidance and Guarantee Fund 
pursuant to Article 11 (2) exceeds 60 % of the 
premiums and compensation granted by the Member 
State, the excess sums paid by the Commission shall 
be refunded or deducted from the next instalment. 
No C 259/14 Official Journal of the European Communities 27.9.84 
Article 14 Article 15 
1. Without prejudice to Article 8 of Regulation 
(EEC) No 729/70, the Member States shall take, in 
accordance with their national laws, regulations and 
administrative provisions, the necessary measures to 
recover the amounts paid in cases where the under­
takings referred to in Article 3 are not respected. 
They shall inform the Commission of measures taken 
for this purpose and, in particular, shall periodically 
notify it of the state of administrative and judicial 
procedures relating thereto. 
2. The sums recovered shall be paid to the paying 
authorities or departments and deducted by them 
from the expenditure financed by the European Agri­
cultural Guidance and Guarantee Fund in proportion 
to Community financing. 
3. The financial consequences of failure to recover 
amounts paid out shall be borne by the Community in 
proportion to Community financing. 
4. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure 
laid down in Article 13 of Regulation (EEC) No 
729/70. The Member States shall inform the Commission, as 
part of the communication referred to in Article 30 c 
(1) of Regulation (EEC) No 337/79, of the areas of 
vines which have been permanently abandoned in 
return for the corresponding premium. 
The Commission shall take account of this infor­
mation in the report referred to in Article 30 c (2) of 
the said Regulation. 
Article 16 
This Regulation shall not impede the granting of aids 
provided for by national regulations designed to 
achieve objectives similar to those sought by this 
Regulation, subject to an examination on the basis of 
Articles 92, 93 and 94 of the Treaty. 
Article 17 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.