Commission Regulation (EC) No 1253/2001 of 26 June 2001 amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential
Date: 2001-06-26
Institutions: European Commission
Subjects: EU aid, aid system, financial aid, production aid, viticulture

27.6.2001

EN

Official Journal of the European Communities

L 173/31

COMMISSION REGULATION (EC) No 1253/2001

of 26 June 2001

amending Regulation (EC) No 1227/2000 laying down detailed rules for the application of Council
Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards
production potential

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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), as last amended by Regulation (EC) No 2826/2000 (2),
and in particular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

Articles 16 and 17 of Commission Regulation (EC) No
1227/2000 of 31 May 2000 laying down detailed rules
for the application of Council Regulation (EC) No 1493/
1999 on the common organisation of the market in
wine, as regards production potential (3), as amended by
Regulation (EC) No 784/2001 (4),
lay down rules
concerning the financing of
the restructuring and
conversion system.

financial allocations
For the 2000-01 financial year,
were made to Member States by Commission Decision
2000/503/EC of 25 July 2000 fixing an indicative finan-
cial allocation, in respect of a number of hectares, by
Member State for restructuring and conversion of vine-
yards under Council Regulation (EC) No 1493/1999 for
the 2000-01 marketing year (5).

In particular, the rules provide for a recycling of expen-
diture allocated to a Member State but not actually
incurred by it on 30 June to other Member States who
request this funding and who have actually incurred by
30 June, all the expenditure allocated to them. The rules
also provide for a reduction of the amounts allocated to
Member States in subsequent financial years where that
Member State has not actually incurred the expenditure
allocated to it in the current financial year.

During the first year of application of the restructuring
and conversion system, certain Member States have had
difficulties
in setting up and applying the system.
Application of the rules in Article 16 and 17 would lead
to excessive reductions in the amounts available for
restructuring and conversion in those Member States in
the current and next financial year. In other Member
States, these difficulties have been less severe but mean
that they will be unable to spend their entire allocation
by 30 June, but should be able to do so by 15 October.

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 328, 23.12.2000, p. 2.
(3) OJ L 143, 16.6.2000, p. 1.
(4) OJ L 113, 24.4.2001, p. 4.
(5) OJ L 201, 9.8.2000, p. 4.

Therefore it is appropriate, on a transitional basis for the
to mitigate these excessive
2000-01 financial year,
reductions by providing for the possibility to recycle
expenditure not actually incurred by 30 June 2001 to
Member States who have not yet fully incurred their
allocation by that date, within an appropriate limit.

It is also appropriate, on a transitional basis for the
2000-01 financial year, to provide for the possibility to
recycle expenditure not actually incurred by 30 June
2001 to Member States which have spent a significant
proportion of their allocation, within the limit of their
initial allocation.

In order that Member States can make the requests
foreseen in this Regulation, it is necessary that it enters
into force by 30 June 2001 at the latest.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Wine,

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

The following paragraph is added to Article 17 of Regulation
(EC) No 1227/2000:

‘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 (*) may forward to
the Commission, not later than 30 June, a request for
subsequent 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 the amount 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 Commis-
sion shall notify the Member States as soon as possible
after 30 June of the extent to which the requests may be
accepted;

L 173/32

EN

Official Journal of the European Communities

27.6.2001

(c) a Member State which notifies to the Commission
under Article 16(1)(a) an amount of at least 75 % of the
financial allocation made to that Member State by
Decision 2000/503/EC but less than the total of that
financial allocation, may forward to the Commission,
subsequent
not
financing of expenditure in the 2000-01 financial year
in excess of the amount notified to the Commission
under Article of 16(1)(a);

than 30 June, a request

later

for

(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 Member
State by Decision 2000/503/EC. The Commission shall
notify the Member States as soon as possible after 30
June of
to which the requests may be
accepted;

the extent

(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 all Member States, the sum
of the total of the amounts notified in accordance with
Article 16(1)(a) and the total of the amounts accepted
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 as possible after 30 June of
the extent to which the requests may be accepted.

(*) OJ L 201, 9.8.2000, p. 4.’

Article 2

This Regulation shall enter into force on the day following
its publication in the Official Journal of the European Communi-
ties.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 26 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission