Commission Regulation (EC) No 1342/2002 of 24 July 2002 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: 2002-07-24
Institutions: European Commission
Subjects: common organisation of markets, economic support, grubbing premium, plantation, production, viticulture

25.7.2002

EN

Official Journal of the European Communities

L 196/23

COMMISSION REGULATION (EC) No 1342/2002

of 24 July 2002

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,

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 2585/2001 (2),
and in particular Articles 10, 15 and 80 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

In order to resolve a particular practical problem, the
time limit laid down in Article 2(3) of Regulation (EC)
No 1493/1999 for derogating from Article 2(2) should
be amended. Applying the various provisions regarding
the grant of
the derogation imposes a serious and
complex administrative burden, particularly as regards
checks and penalties. In the interests of sound adminis-
tration, the date in question should thus be postponed to
30 November 2002.

Commission Regulation (EC) No 1227/2000 (3), as last
amended by Regulation (EC) No 1253/2001 (4), fixed the
deadline for the period referred to in Article 2(3)(b) of
Regulation (EC) No 1493/1999 in which a producer
may obtain replanting rights after the area concerned
has been planted. For practical
linked to
obtaining these rights, this period should be adapted.

reasons

Experience has shown that the premium scheme for the
permanent abandonment of vine growing on areas not
exceeding 25 ares should be simplified in order to avoid
an excessive administrative burden.

Following the amendment of Article 11(3) of Regulation
(EC) No 1493/1999 by Regulation (EC) No 2585/2001,
the conditions for granting support under the former
material improvement plans and aid to young farmers
should be laid down so as not to weaken the general
objective of the market organisation as regards control-
ling wine-growing potential.

In the context of
the restructuring and conversion
programmes, a distinction should be made between cases
where the support
the
measures covered by the plan and those where the
support is paid for a specific measure. Detailed rules
should therefore be laid down for paying the support in
advance.

is paid for carrying out all

(6)

Account should be taken of weather and health and
hygiene constraints in adapting the duration of restruc-

(1) OJ L 179, 14.7.1999, p. 1.
(2) OJ L 345, 29.12.2001, p. 10.
(3) OJ L 143, 16.6.2000, p. 1.
(4) OJ L 173, 27.6.2001, p. 31.

turing and conversion plans when the support is paid in
advance.

The penalties laid down should be amended to make
them proportional
to the completion of measures
included in a plan but not implemented within the time
limits laid down. For inspection purposes, verification of
whether the said measures have been completed should
be specified as a criterion.

Experience has shown that specific provisions should be
laid down for cases where a producer chooses not to
implement a plan or decides not to receive the support
in advance.

Regulation (EC) No 1227/2000 should therefore be
amended accordingly.

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

(7)

(8)

(9)

(10)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1227/2000 is hereby amended as follows:

1. Article 2 is amended as follows:

(a) the following paragraph 1a is added:

‘1a.
The deadline of 31 July 2002 laid down in
Article 2(3) of Regulation (EC) No 1493/1999 shall be
postponed to 30 November 2002.’;

(b) in paragraph 5, ‘31 March 2002’ is replaced by ‘15 July

2002’;

2. Article 8 is amended as follows:

(a) paragraph 4 is replaced by the following:

For all holdings where the wine-growing area does
‘4.
not exceed 25 ares, a premium may be awarded at a
maximum level per hectare not exceeding 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 25 ares for the purpose
of grubbing up areas between a minimum of 10 ares
and a maximum of 25 ares.’;

(b) paragraph 6 is deleted;

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Official Journal of the European Communities

25.7.2002

3. Article 12 is replaced by the following:

‘Article 12

For the purposes of Article 11(3) of Regulation (EC)

1.
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 land with the same variety according to
the same system of vine cultivation;

(b) “young farmers” means farmers who are under 40 years
of age, who possess adequate occupational skill and
competence and who are setting up for the first time on
a wine-producing holding as the head of the holding.

2.
The new planting rights referred to in the third subpar-
agraph of Article 11(3) of Regulation (EC) No 1493/1999
shall include the rights referred to in Article 25(1) of this
Regulation.’;

4. Article 13 is replaced by the following:

‘Article 13

The competent authorities of the Member States shall
1.
lay down a minimum size of parcel which may qualify for
support for restructuring and conversion, and a minimum
size of parcel resulting from restructuring and conversion.

The competent authorities of the Member States shall

2.
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 area concerned 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 rights which arise from grubbing-up as set out
in the plan where so doing would lead to a possible increase
in the yield of the area covered by it. The rules shall be
designed to ensure that the objective of the scheme is met,
and in particular that there is no overall increase in produc-
tion 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 provide that such rights may be used only if they
are necessary from a technical point of view and in a
proportion not exceeding 10 % of the total area covered by
the plan. These rules shall also provide for an appropriate
reduction 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 1493/1999 and this Chapter, those rules
may provide in particular for the payment of
flat-rate
amounts, maximum levels of support per hectare and differ-
entiation of support on the basis of objective criteria. The
in particular provide for appropriately higher
rules shall
levels of support in cases where replanting rights arising
from grubbing-up under the plan are used in implementing
the plan.’;

5. Article 15 is replaced by the following:

‘Article 15

The support shall be paid once it is ascertained that a

1.
given measure has been implemented.

If checks show that the measure covered by the aid applica-
tion has not been fully implemented, but has nevertheless
been implemented on more 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 measure had 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 has begun and the beneficiary
has lodged a security equal to 120 % of the support. For the
purposes of Regulation (EEC) No 2220/85, the obligation
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 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.

In order for support to be paid in advance, any previous
measure carried out on the same parcel,
for which the
producer also received support in advance, must have been
fully implemented.

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Official Journal of the European Communities

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If checks show that the measure covered by the aid applica-
tion, and for which an advance has been paid, has not been
fully implemented, but has nevertheless been implemented
on more than 80 % of the area concerned within the time
limit laid down, then the security shall be released minus an
amount equal to twice the additional support which would
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 any advance which has already been
paid, after which 90 % of the security shall be released. The
Member States shall notify the Commission of the 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), the producer shall repay the full amount of
the support paid out under that application.

However, if all the measures covered by the support applica-
tion have been implemented on more than 80 % of the areas
concerned within the 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.

For the purpose of this Article, a tolerance of 5 % shall

4.
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 measures covered by the support application have
been implemented. If checks show 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
laid down, then the support shall be paid minus an amount
equal to twice the additional support which would have
been granted if the measure had 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 lodged a
security equal to 120 % of the support. For the purposes of
Regulation (EEC) No 2220/85, the obligation shall be to
implement all the measures 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
application, and for which an advance has been paid, have
not been fully implemented, but have nevertheless been
implemented on more than 80 % of the area concerned
within the time limit laid down, then the security shall be
released minus an amount equal to twice the additional
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 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 all the measures
covered by the support application,
that producer shall
repay any advance which has already been paid, after which
90 % of the security shall be released. The Member States
shall notify the Commission of the deadline they set to
implement this subparagraph.

For the purpose of this Article, a tolerance of 5 % shall

3.
be applied when the areas concerned are checked.’

Article 2

This Regulation shall enter into force on the seventh 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.

Done at Brussels, 24 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission