Commission Regulation (EC) No 1074/2005 of 7 July 2005 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: 2005-07-07
Institutions: European Commission
Subjects: aid per hectare, aid system, common organisation of markets, redevelopment aid, redirection of production, viticulture

L 175/12

EN

Official Journal of the European Union

8.7.2005

COMMISSION REGULATION (EC) No 1074/2005

of 7 July 2005

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
Community,

establishing the European

Having regard to Council Regulation (EC) No 1493/1999 of 17
May 1999 on the common organisation of
in
wine (1), and in particular Article 15 thereof,

the market

Whereas:

In order to harmonise the Community area aid system in
all agricultural sectors, the rules applicable to the wine
regards
sector
the tolerance
should be amended as
the restructuring and
applicable to the system for
conversion of vineyards.

This amendment
involves a significant administrative
burden. Since the wine year begins on 1 August each
year, this Regulation should apply to aid applications
approved from 1 August 2005.

Articles 16 and 17 of Commission Regulation (EC)
No 1227/2000 (2) lay down the rules on financing the
restructuring and conversion scheme.

(8)

For the 2005 financial year, funding allocations have been
allocated to the Member States under Commission
Decision 2004/687/EC of 6 October 2004 fixing, for
the 2004/2005 marketing year and in respect of a
certain number of hectares, an indicative financial allo-
cation by Member State for
the restructuring and
conversion of vineyards under Council Regulation (EC)
No 1493/1999 (3).

(1)

(2)

(3)

(4)

(6)

(7)

that

The rules laid down in Articles 16 and 17 of Regulation
the
(EC) No 1227/2000 stipulate in particular
appropriations allocated to a Member State whose corre-
sponding expenditure was not incurred or validated by
30 June is to be reallocated to the Member States whose
incurred and validated expenditure equals the allocation
awarded to them. The rules also provide for the amounts
awarded to the Member States to be reduced for the
following financial year if the expenditure incurred by
them on 30 June is less than 75 % of their initial allo-
cations.

Some Member States for which the 2004/2005 wine
year is the first year of application of the restructuring
and conversion scheme are finding it hard to implement.
Application of the rules in Articles 16 and 17 of Regu-
lation (EC) No 1227/2000 would result
in excessive
reductions
in the appropriations available to those
Member States for restructuring and conversion in this
and the next financial year.

So, on a transitional basis and for the 2004/2005 wine
year, these excessive reductions are to be avoided by
making provision for the reallocation, within appropriate
the appropriations in respect of which the
limits, of
incurred nor
corresponding expenditure was neither
validated on 30 June 2005 to those Member States
that have not yet totally exhausted their allocations by
that date and for which the 2004/2005 wine year is the
first year of
restructuring and
conversion scheme.

application of

the

A similar provision was introduced in 2001 when the
vineyard restructuring and conversion scheme
first
applied. As the efforts made by the Member States for
which the 2004/2005 wine year is their first to apply
this
than those that had been
recorded for certain Member States in the 2000/2001
wine year, the option of reallocating the appropriations
must be fixed at a higher level than the one that applied
in 2001.

scheme are greater

(9)

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

(1) OJ L 179, 14.7.1999, p. 1. Regulation last amended by Commission
Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).
(2) OJ L 143, 16.6.2000, p. 1. Regulation last amended by Regulation

(EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).

(3) OJ L 313, 12.10.2004, p. 23.

(10)

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

8.7.2005

EN

Official Journal of the European Union

L 175/13

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 15(4) shall be replaced by the following:

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

‘4.
be permitted when checking the areas concerned.

The tolerance provided for in the first subparagraph shall not
apply to the payment of aid.’

2. Article 15a(3) is replaced by the following:

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

‘3.
be permitted when checking the areas concerned.

The tolerance provided for in the first subparagraph shall not
apply to the payment of aid.’

3. The following paragraph 9 is added to Article 17:

‘9.

In the case of the 2005 financial year:

(a) any Member State for which the 2004/2005 wine year is
the restructuring and
the first year of application of
conversion
the
scheme
Commission under Article 16(1)(a) and (b) an amount
below 90 % of the financial allocation awarded to it

and which

reports

to

under Commission Decision 2004/687/EC (*) may apply
to the Commission, no later than 10 July 2005, for a
further contribution to expenditure in the 2005 financial
year above that notified to the Commission under Article
16(1)(a) and (b) and up to 90 % of the financial allo-
cation awarded to it by Decision 2004/687/EC;

(b) applications for further funding sent to the Commission
under Article 16(1)(c) by the Member States not referred
to in point (a) of this paragraph shall be accepted on a
pro rata basis by using the available appropriations once
the amounts for all Member States notified under Article
16(1)(a) and (b) and accepted and the total of
the
this paragraph
amounts accepted under point
have together been deducted;

(a) of

(c)

the Commission shall notify the Member States of their
definitive allocations for 2005 as soon as possible.

___________
(*) OJ L 313, 12.10.2004, p. 23.’

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

Points 1 and 2 of Article 1 shall apply to aid applications
approved from 1 August 2005.

Point 3 of Article 1 shall apply from 1 July 2005.

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

Done at Brussels, 7 July 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission