14. 4. 86 Official Journal of the European Communities No C 85/31 
Proposal for a Council Regulation relating to limitations on the exercise of rights to replant areas 
under vines 
COM(86) 20 final 
(Submitted by the Commission to the Council on 14 February 1986) 
(86/C 85/28) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 337/79 of 
5 February 1979 on the common organization of the market 
in wine ('), as last amended by Regulation (EEC) No , 
and in particular Article 30 a (3 a) thereof, 
HaVing regard to the proposal from the Commission, 
Whereas technical development has brought about a 
constant improvement in yields from areas under vines, 
which, despite a reduction in areas, has led to an increase in 
wine production; whereas normal uses of vine products have 
also seen a significant reduction, in particular on account of 
the decrease in direct human consumption in the producing 
countries; whereas the combination of these two factors has 
led to an imbalance which must be corrected by adapting 
wine-growing to needs; whereas, while measures already 
adopted with a view to reducing the area under vines by 
granting aids for the abandonment of certain areas as 
provided for in Council Regulation (EEC) No 777/85 (3) are 
significant, their results are dependent on decisions of 
operators and are likely to be inadequate; whereas such 
measures should be supplemented by provisions to ensure a 
gradual, automatic reduction in the area under vines and 
hence the absorption of the production surplus; whereas the 
most suitable means appears to be to limit for a sufficiently 
lengthy period the exercise of replanting rights; 
Whereas the seriousness of the recorded imbalance requires 
action to be undertaken immediately to reduce wine-growing 
potential; whereas in that case the full exercise of established 
replanting rights is likely to reduce and delay considerably 
the anticipated results in view of the extent and duration of 
such rights; whereas, consequently, such rights should also 
be made subject to the planned arrangements, with provision 
for adequate compensation; 
Whereas Article 29 of Regulation (EEC) No 337/79 
established a classification of areas under vines into three 
categories according to their natural suitability for 
wine-growing; whereas, since the yield varies as a result 
within each wine-growing zone according to category, 
(>) OJNo54, 5. 3. 1979, p. 1. 
(3) OJ No 88, 28. 3. 1985, p. 8. decreasing from Category 3 to Category 1, limitations on the 
exercise of replanting rights should also vary according to 
category in order to channel production to wine-growing 
zones of pronounced suitability and to encourage a yield 
providing the best quality of the product and the sought-after 
limitation of production potential; 
Whereas provision should be made, with regard to the 
transfer of replanting rights, for offering wine-growers 
producing the wine with the best outlets the possibility of not 
reducing their areas under vines; 
Whereas, for the effective application of this measure, severe 
controls should be undertaken requiring very accurate 
information on all planting; whereas such information 
cannot be provided in the immediate future by the vineyard 
register provided for in Article 64 a of Regulation (EEC) No 
337/79, as it will not be useable for several years; whereas 
this lack of data should accordingly be made good by 
obtaining information on the quantities of young plants 
marketed by requiring registers to be kept and notification to 
be made to the competent authorities of quantities marketed 
by producers of young plants; whereas the provision of 
compensation at a standard rate for expenses incurred in the 
fulfilment of such obligations seems fair, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. In the 1986/87 to 1994/95 wine years replanting 
rights as referred to in Article 30 a (1) of Regulation (EEC) 
No 337/79 may only be exercised on an area equivalent in 
terms of pure cultivation to: 
— 50 % of the area grubbed, where replanting is carried out 
on a area classified in Category 3 in accordance with 
Article 29 of Regulation (EEC) No 337/79, 
— 70 % of the area grubbed, where replanting is carried out 
on an area classified in Category 2 in accordance with 
that Article, 
— 80 % of the area grubbed, where replanting is carried out 
on an area classified in Category 1 in accordance with 
that Article. 
2. During the period referred to in paragraph 1, 
replanting rights may be transferred to other holdings 
provided that the areas in which they will be exercised are 
• No C 85/32 Official Journal of the European Communities 14. 4. 86 
classified, in accordance with Articles 29 or 29 a of 
Regulation (EEC) No 337/79, in the same category as that 
on which grubbing was carried out or in a higher category. 
However, rights may not be transferred to areas classified in 
Category 3. 
3. A compensatory allowance shall be granted, on 
application, to holders of replanting rights the exercise 
of which is subject to the limitations laid down in para­
graph 1. 
The allowance shall be paid by the competent authorities of 
Member States on the exercise of such rights. It shall be 
equal, per hectare of vineyard grubbed, to: 
— 1500 ECU in respect of rights acquired before 31 August 
1986, 
— 1 000 ECU in respect of other rights. 
4. By way of derogation from paragraph 3, the competent 
authorities of Member States may grant a higher allowance 
to wine-growers who prove that the reduction in their future 
income exceeds the allowance provided for in paragraph 3 
and cahnot be offset by transfers under paragraph 2. 
In that case the allowance shall be determined in accordance 
with national laws, regulations and administrative 
provisions. Under no circumstances may it exceed the 
reduction in income suffered by the wine-grower. 
Article 2 
1. All natural and legal persons or groups of such persons 
who operate nurseries for commercial purposes, or cause 
them to be so operated, shall be required to keep registers. 
Quantities produced, quantities marketed and quantities 
planted out or destroyed shall be entered in such registers. 
For any transfer involving more than 500 young vine plants, 
persons as referred to in the first subparagraph shall be 
required to notify to the competent authorities the name and 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, address of the purchaser and the number of young vine plants 
concerned. 
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. 
Article 3 
In the 1986/87 to 1988/89 wine years, the natural or legal 
persons referred to in Article 2 shall be eligible, on 
application, for compensation for expenses incurred in 
fulfilling the obligations laid down in that Article. 
Compensation shall be fixed at a standard rate of five ECU 
per 1 000 young vine plants, subject to the provision of 
evidence of marketing. 
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 
The allowances referred to in Article 1 (3) and the 
compensation referred to in Article 3 shall be charged to the 
European Agricultural Guidance and Guarantee Fund, 
Guarantee Section. 
Article 5 
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. 
Having regard to the Act of Accession of Greece, and in 
particular Article 72 (1) thereof, 
Having regard to the Act of Accession of Spain and Portugal, 
and in particular Article 89 (1) thereof, Proposal for a Council Regulation fixing for the 1986/87 marketing year certain prices and other 
amounts applicable in the fruit and vegetables sector 
COM(86) 20 final 
(Submitted by the Commission to the Council on 14 February 1986) 
(86/C 85/29)