Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector
Date: 2008-06-27
Institutions: European Commission
Subjects: aid programme, common organisation of markets, extra-EU trade, financial aid, production capacity, viticulture, wine

30.6.2008

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Official Journal of the European Union

L 170/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 555/2008

of 27 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common
organisation of the market in wine as regards support programmes, trade with third countries,
production potential and on controls in the wine sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

The following Commission Regulations should therefore
be repealed and replaced by a new Regulation:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 479/2008 of
29 April 2008 on the common organisation of the market in
wine, amending Regulations (EC) No 1493/1999,
(EC) No
(EC) No 3/2008 and
(EC) No 1290/2005,
1782/2003,
repealing Regulations
(EEC) No 2392/86 and (EC) No
1493/1999 (1), and in particular Articles 22, 84, 89, 97, 107,
117, 121(b) and (c) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 479/2008 has modified the previous
regime for the wine sector as laid down in Council
Regulation (EC) No 1493/1999 of 17 May 1999 on
the common organisation of the market in wine (2) and
has repealed that Regulation as from 1 August 2008.

implementing

The existing implementing rules covering the wine sector
are contained in several regulations which have been
amended frequently. These
as
regards market mechanisms, trade with third countries,
production potential and controls in the wine sector
need to be changed as a result of
the modifications
made to the wine regime by Regulation (EC) No
479/2008, as well as
experience.
light of
the implementation of Regulation
Detailed rules for
(EC) No 479/2008 should be adopted.

in the

rules

(1) OJ L 148, 6.6.2008, p. 1.
(2) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1).

— (EC) No 1227/2000 of 31 May 2000 laying down
details rules for the application of Council Regulation
(EC) No 1493/1999 on the common organisation of
production
the market
potential (3),

in wine,

regards

as

— (EC) No 1623/2000 of 25 July 2000 laying down
detailed rules Regulation (EC) No 1493/1999 on the
common organisation of the market in wine with
regard to market mechanisms (4),

— (EC) No 2729/2000 of 14 December 2000 laying
down detailed implementing rules on controls in
the wine sector (5),

— (EC) No 883/2001 of 24 April 2001 laying down
detailed rules for implementing Council Regulation
(EC) No 1493/1999 as regards trade with third
countries in products in the wine sector (6).

(4)

Title II of Regulation (EC) No 479/2008 contains
provisions on a new support programme to be decided
at Member States
to finance specific support
measures to assist the wine sector. It is appropriate to
fill out that framework by enacting implementing rules.

level

(3) OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1216/2005 (OJ L 199, 29.7.2005, p. 32).

(4) OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regu-

lation (EC) No 1433/2007 (OJ L 320, 6.12.2007, p. 18).

(5) OJ L 316, 15.12.2000, p. 16. Regulation as last amended by Regu-

lation (EC) No 2030/2006 (OJ L 414, 30.12.2006, p. 40).

(6) OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regu-

lation (EC) No 1211/2007 (OJ L 274, 18.10.2007, p. 5).

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(5)

(6)

(7)

(8)

(9)

There should be a procedure for the first submission of
the support programme. There should be as well a
procedure for annually amending support programmes
for the following year, so that they can be adjusted to
take account of any new conditions which could not
have been foreseen when they were initially presented.
All such changes should be subject to certain limits and
conditions to ensure the approved support programmes
maintain their overall objectives.

By virtue of Article 5(1) of Regulation (EC) No
479/2008, Member States may choose to draw up the
the geographic level deemed
support programmes at
most appropriate. Since Member States are responsible
for the approval of plans, they should in this case lay
down rules on the submission and approval of plans and
the minimum content of the plans concerned.

Article 10 of Regulation (EC) No 479/2008 provides for
a new support measure for promotion on third-country
markets.
is necessary to lay down detailed rules
concerning the setting up of this new measure.

It

In order to prevent any risk of distortion of competition,
rules should be drawn up on the way the specific origin
of products covered by information and promotion
campaigns is to be referred to.

In the interests of legal certainty, the messages disse-
minated under the promotion campaign should comply
with the legislation of the third countries targeted.

(10)

Criteria governing the selection of applications and their
scrutiny by the Member States should be established with
a view to ensuring that
the Community rules are
complied with and that the supported measures to be
implemented are effective.

(11) With a view to ensuring that the Community measures
are effective, the Member States must ensure that the
promotion campaign approved are consistent with, and
their national and regional promotion
complement,
programmes.
to build synergies, Member
In order
States may draw up collective promotion campaign and
provision should be made to allow cooperation between
the Member States concerned. Preference should be given
to micro, small and medium-sized enterprises who are
more in need of Community support than bigger ones.

(12)

To avoid any double payment with the promotion
measures
funded under Council Regulation (EC) No
3/2008 of 17 December 2007 on information
agricultural
provision and promotion measures

for

products on the internal market and in third countries (1)
or Council Regulation
of
20 September 2005 on support for rural development
by the European Agricultural Fund for Rural Develop-
ment (EAFRD) (2), mutual exclusion should be set.

1698/2005

(EC) No

In particular,

(13) Article 11 of Regulation (EC) No 479/2008 provides for
a support measure for restructuring and conversion of
the second subparagraph of
vineyards.
Article 11(3) of
the
that
conversion of
the
support
renewal of
shall not
vineyards
vineyards which have come to the end of their natural
life.

that Regulation provides
restructuring
cover

and
the normal

for

(14)

In addition, Member States may adopt rules on the
minimum size of the parcel
involved so as to ensure
that
the system has a genuine effect on production
potential.

(15)

(16)

In applying Article 11 of Regulation (EC) No 479/2008,
Member States have a wide margin of discretion in
deciding on the detailed scope and levels of support,
including notably the payment of flat-rate amounts, the
setting of maximum levels of support per hectare and the
modulation of support on the basis of objective criteria,
within the constraints laid down in Chapter I of Title II
of
that Regulation and the provisions adopted in
pursuance thereof. Nevertheless, common rules should
be laid down. Measures should be defined, with time
limits, for their execution and appropriate monitoring.
The rules should also cover the use of replanting rights
which arise from grubbing-up if provided for in the
project, so as to allow for higher levels of support to
be granted on account of the higher costs involved.

In the interest of verification, payment of the support
should normally be made after a specific measure or
the complete set of measures, has been executed.
in advance of
However, payment may be made
set of
execution of
measures, provided that a security is lodged to ensure
that execution of the measure takes place.

a measure or

complete

the

(17) Detailed provisions should be established as to partici-
pation in the financing of the system for restructuring
and conversion. Measures have to be taken to ensure the
the system,
effective spending of
provision being made in particular for advance payments.

funds reserved for

(1) OJ L 3, 5.1.2008, p. 1.
(2) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

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(18) Article 12 of Regulation (EC) No 479/2008 provides for
a new support measure for green harvesting. In view of
subsidiarity, Member States should be made responsible
for the administrative arrangements concerning the appli-
cation procedure for green harvesting. They should be
free to determine the date until which they request
producers to complete the operations, so as to have
the time constraints and
sufficient
proximity of harvesting period,
the necessary
control before payments.

in view of

time,

for

(19)

the funds involved in the green
Taking into account
harvesting scheme, systematic on-the-spot verification
the areas concerned should be foreseen after the
of
execution. This verification must
total
destruction of grapes has been carried out. They should
and environmental
also ensure
requirements are duly respected. In the interests of veri-
fication, payment of the premium should be made after
having controlled that green harvesting took place.

that phytosanitary

ensure

that

(20)

In addition, maximum levels of support should be fixed
in order to ensure that support does not become a
permanent alternative outlet for products compared to
placing them on the market.

It

(21) Article 13 of Regulation (EC) No 479/2008 provides for
a new support measure for the setting-up of mutual
funds.
is necessary to lay down detailed rules
concerning this new measure. As far as possible these
rules should provide for flexibility and for rapid appli-
cation in crises and therefore should allow decisions to
be taken by Member States and producer organisations
themselves. Nevertheless the rules should prevent abuses
and provide for limits, including in financial terms. As
producers in the new Member States have in general a
lower degree of organisation than in other Member
States, a higher ceiling of support should be provided
in the former.

(22) Article 14 of Regulation (EC) No 479/2008 provides for
a new support measure for harvest
is
necessary to lay down detailed rules concerning the
setting up of
this new measure. As far as possible
these rules should provide for flexibility. Nevertheless
the rules should prevent abuses and provide for limits,
including in financial terms.

insurance.

It

development of new products, processes and tech-
nologies, indicative eligible costs should be defined.

(24) Article 16 of Regulation (EC) No 479/2008 provides for
a support measure for by-product distillation.
is
necessary to lay down detailed rules concerning the
setting up of this new measure in particular conditions
of disposal of by-products as well as the purpose and the
level of the maximum amount of the aid for distillation
of marcs, wine and lees.

It

(25) Article 17 of Regulation (EC) No 479/2008 provides for
a transitional support measure for potable alcohol distil-
is necessary to lay down detailed rules
lation.
concerning the setting up of
this new measure in
particular the purpose and the possible adjustments of
the aid.

It

(26) Article 18 of Regulation (EC) No 479/2008 provides for
a transitional support measure for crisis distillation. It is
necessary to lay down detailed rules concerning the
setting up of this measure in particular the procedure
and the modalities of the aid as well as criteria to be
taken into account when fixing the amount of the aid.

(27) Article 19 of Regulation (EC) No 479/2008 provides for
a transitional support measure for must utilisation for
enrichment.
It is necessary to lay down detailed rules
concerning the setting up of this measure in particular
the purpose and the level of the maximum amount of
the aid as well as to provide for specific checks to be
done on the product used to increase the alcoholic
strength.

(28)

It is imperative, for the purpose of monitoring the imple-
mentation of Title II of Regulation (EC) No 479/2008
and of the proper management of the market, that the
Commission has the appropriate data available as to the
execution of the support programmes. In this context, it
is necessary to lay down the details of the information to
be set out on the reporting and evaluation of support
programmes in order to assess their effectiveness and
efficiency.

(29)

The general rules concerning budgetary discipline, and in
incorrect
particular
those relating to incomplete or
declarations on the part of Member States,
should
apply in addition to the specific rules established by
this Regulation.

(23) Article 15 of Regulation (EC) No 479/2008 provides for
tangible and intangible
a new support measure for
investments in enterprises. It is necessary to lay down
detailed rules concerning the setting up of
this new
measure in coherence with the same measure available
in the Rural Development menu. The types of eligible
including those for the
investments should be set out,

(30) Details of

the system
the financial administration of
should be governed by the rules adopted for the imple-
mentation of Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agri-
cultural policy (1).

(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regu-

lation (EC) No 1437/2007 (OJ L 322, 7.12.2007, p. 1).

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the actual amount of

(31) Article 76(1) of Regulation (EC) No 479/2008 lays down
that, for juices and musts for which the application of
customs duties depends on the import price of
the
product,
this price is verified
either by checking every consignment or by using a
flat-rate import value. The current
the
arrangements for importing grape juices and musts into
in particular the irregularity of such
the Community,
imports,
in terms of both volume and frequency and
the places of import and the origin of these products,
do not permit the calculation of representative flat-rate
import values to reflect the actual amount of the import
price. Under these circumstances, this price should be
verified by checking every consignment.

features of

Regulation (EC) No 479/2008, have expressed an interest
in the possibility of authorising the producers themselves
to issue certificates and analysis reports. With a view to
facilitating trade with those third countries, provided that
they have concluded undertakings with the Community
which include clauses concerning closer cooperation on
fraud and that they maintain good
the prevention of
trade relations with the Community,
it is appropriate
to authorise those concerned to consider documents
as documents
issued by the producers
issued by the said bodies or
the third
countries,
in a manner similar to that already allowed
for wines of Community origin. In those cases, appro-
priate assurances should be given and proper control
over the issue of such documents should be exerted.

services of

themselves

(32)

The import price on the basis of which imported
products are classed in the Common Customs Tariff
should be equal to the fob price of those products plus
the cost of insurance and transport to the place of entry
into Community customs territory.

(33) Article 82(3) of Regulation (EC) No 479/2008 provides
that
the imported products covered by that Article
should be accompanied by a certificate and an analysis
report issued by a body or service designated by the third
country from which the products are exported. The
requirements which the analysis report should meet
should be laid down.

(38)

Lists containing the names and addresses of the agencies
and laboratories authorised in third countries to draw up
certificates and analysis reports should be made public so
that the authorities in the Community which supervise
the import of wine products can, where necessary, carry
out the requisite checks.

(39)

In order to facilitate controls by the competent authori-
ties of Member States, the form and, where necessary, the
content of the certificate and analysis report provided for,
and the requirements for their use should be laid down.

(34)

(35)

(36)

To simplify controls provision should be made for
in
dispensing with the certificate and analysis report
the case of products which are imported from third
countries
in limited quantities and packed in small
containers.

For the sake of harmonisation, the exemption from the
requirement to present a certificate and analysis report
for wine products being imported into the Community
should be in line with the customs rules on exemption
and the arrangements applicable to documents accom-
panying consignments of wine products within the
Community.

(40)

(41)

The certificate and, where appropriate, the analysis report
relating to each consignment of an imported product
should be checked in order to prevent fraud. To this
end, the document(s) must accompany each consignment
until it is placed under Community control.

To take commercial practice into account, where a
consignment of wine is split up, the competent authori-
ties should be empowered to have extracts of the certifi-
cate and the analysis report drawn up under their super-
vision to accompany each new consignment resulting
from the splitting.

computerised procedures

The use of
gradually
input of data in the different
replacing the manual
areas of administrative activity. It should therefore also
be
electronic
procedures when issuing and using V I 1 and V I 2.

computerised

possible

and

use

to

is

(42)

the need to ensure swift and effective
In view of
protection of consumers,
it is essential to provide for
the possibility of suspending the new arrangements in
the event of fraud or a health risk to consumers.

(37)

Some third countries, having established an effective
system for inspecting their wine producers, implemented
by their bodies or services, referred to in Article 82(3) of

(43)

Simple rules should also be laid down regarding the
documents to be produced for imports from a third
country other than the country of origin of the wine
product, where
that product has not undergone
substantial processing.

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(44)

that

The task of the exporters and the authorities should be
simplified by requiring a statement
the alcohol
added to liqueur wines and wines fortified for distillation
is of vinous origin to be included in the V I 1 document
without requiring a separate document for this statement.
For the same reason, the V I 1 document should be
permitted to serve as the certificate testifying to the
designation of origin required for
imports of wines
eligible for a tariff reduction. However, no certificate or
analysis report is required in the case of some wines,
certificate of designation of origin is
provided a
It should be permitted to use the V I 1
presented.
document
the
to certify the designation of origin of
said liqueur wines and the section relating to the
analysis report need not be completed.

It

is appropriate to fix a deadline for

of the producer concerned or family consumption, if the
total vineyard area of a producer does not exceed 0.1
hectare.
the
submission of the distillation contracts foreseen in that
Article. To be able to effectively organise control,
producers carrying out green harvesting should inform
the competent authorities about their intention in due
time.
In the interest of better controllability, Member
States should have the possibility to foresee obligatory
advance notification from the part of the producers as to
which of the three ways of non-circulation they intend to
use and also to further limit the choices of the producers
concerning the possible ways of non-circulation.

(45) Wine

imports under

concessions provided for

in
agreements with certain third countries are subject to
the presentation of attestations, issued by official bodies
or bodies officially recognised by both contracting parties
and appearing on lists drawn up jointly, to the effect that
the wine in question meets the conditions for access to
the concessions.

(46)

The Member States should send the Commission the lists
they
of official or officially recognised bodies
propose should issue such attestations,
the
Commission can draw up and exchange those lists with
the third countries concerned. To facilitate the tasks of
such bodies, the lists should be provided in a suitable
form and on a suitable medium.

that
so that

(47) Articles 85 and 86 of Regulation (EC) No 479/2008
provide for the treatment of unlawful plantings.
It is
necessary to lay down detailed rules concerning the
penalties applicable to producers who do not comply
with the new regularisation or grubbing-up obligation
concerning vineyards planted without a corresponding
planting right before 1 September 1998 and the commu-
nications to be transmitted by Member States to the
to
Commission in this
context. Without prejudice
earlier penalties imposed by the Member States,
the
penalty applicable in case of failure to comply with the
obligation to grub up the unlawful area should be suf-
ficiently high so as to incite producers to comply with
the obligation. Therefore, the penalty should be at least
the equivalent of twice the average value of the grubbing-
up premium.

(48) Article 87(1) of Regulation (EC) No 479/2008 foresees
required
that proofs of non-circulation should be
whenever products of an unlawful vineyard may be put
into circulation only for the purpose of distillation. In
order to strengthen control, the possible ways of non-
circulation should be limited to three cases, namely to
delivery for distillation or green harvesting at the expense

(49)

To ensure fair and controllable use of Community
budget, penalties with financial consequences should be
foreseen in case Member States do not comply with
communication obligations related to unlawful plantings.

(50) Article 91(1) of Regulation (EC) No 479/2008 provides
for the grant of new planting rights in the case of
measures for land consolidation or measures concerning
compulsory purchase in the public interest. These new
planting rights should not exceed those necessary to
plant an area equivalent
to
producers as a result of those measures, so as to avoid
undermining the prohibition on planting contained in
Article 90(1) of that Regulation.

to 105 % of

that

lost

(51) Article 91(1) of Regulation (EC) No 479/2008 also
provides for the grant of new planting rights in the
case of experiments and graft nurseries. The areas
planted in pursuance of such grants of new planting
rights should only be used for the specified purposes,
and wine-sector products made from grapes coming
from such areas should not be marketed. Existing wine-
growing experiments and graft nurseries
should be
allowed to continue, subject to the existing rules.

such cases

(52) Article 91(1) of Regulation (EC) No 479/2008 also
provides for the grant of new planting rights in the
case of areas whose wine or vine products are intended
solely for the consumption of the vine grower’s family.
However,
this could sometimes lead to an excessive
administrative burden being imposed due to the large
number of
in certain Member States.
should be permitted to
Accordingly, Member States
also allow such areas to exist even if no planting rights
have been granted in respect of them, provided that, in
order to prevent disturbance of the market balance, the
areas concerned are small and that the vine grower is not
engaged in commercial wine production. The areas and
producers concerned should be subject to appropriate
monitoring and sanctions, including the grubbing up of
such areas,
in cases where the provisions are not
observed.

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(53) No replanting rights should be granted in respect of areas
which have been compulsorily grubbed up owing to a
breach of
the requirements of Regulation (EC) No
479/2008. To the same end, no replanting rights
the grubbing-up of
should be granted in respect of
areas for which new planting rights have been granted
for purposes other than the commercial production of
wine.

(54) Article 92(2) of Regulation (EC) No 479/2008 provides
for the grant of replanting rights to producers who
undertake to grub up an area of vines in the future.
the producer
Such a grant should only be made if
concerned does not possess sufficient planting rights to
plant an area corresponding to the surface he intends to
grub up. Any such grant of replanting rights on the basis
of such an undertaking should be accompanied by the
lodging of a security to ensure that the undertaking to
grub up is carried out. During the period of coexistence
of the newly planted area and the area to be grubbed up,
in order to avoid disturbance of market balance, only
one such area should be permitted to produce wine to
be marketed.

in order

to improve

(55) Article 93 of Regulation (EC) No 479/2008 provides for
the creation or maintenance of national and/or regional
reserves
the management of
production potential. In order to avoid disturbance of
the market balance, the transfer of rights via a reserve
increase in
system should not
lead to an overall
production potential on the territory of
the Member
States. A similar prohibition of increasing the production
potential has already been provided for in the case of
transfer of rights between holdings in Article 92(5) of
that Regulation. In these situations, Member States may
apply a reduction coefficient in respect of transfers of
rights.

exists

rights

planting

(56) Article 93(5) of Regulation (EC) No 479/2008 provides
that Member States are not to implement the reserve
system if they can show that an effective system for
managing
their
territory. In this situation a Member State may provide
for the implementation of the reserve system in parts of
its territory and another effective system in other parts of
its territory. Member States wishing to use the option
under that Article should be able to prove that such a
system exists and to demonstrate the need for any dero-
gation from the provisions of Chapter I of Title V of that
Regulation.

throughout

(57) Article 90(6) of Regulation (EC) No 479/2008 provides
that Member States may decide to maintain the prohi-
bition of planting of vines of wine grape varieties until
31 December 2018 at the latest.
It is appropriate to
foresee that Member States intending to avail themselves
of this possibility communicate this to the Commission
in due time.

(58) Article 100 of Regulation (EC) No 479/2008 foresees
that grubbing-up premium may only be granted to
areas which are tended. To enable authorities to verify
whether an area is properly tended, beyond the obli-
gatory on-the-spot checks, proofs about the production
of the given vineyard should be foreseen. This should be
done through the presentation of harvest declarations of
the preceding years, or, if the harvest declaration is not
available due to well justifiable reasons, by other means
the
foreseen by the Member States for this purpose,
trustworthiness of which has to be thoroughly verified
by the Member States.

(59) According to Article 104(4) of Regulation (EC) No
479/2008, Member States may exempt mountain or
steep slope areas from the grubbing-up scheme. This
exemption should cover terraces established for reasons
of steepness of the slope which would make cultivation
without terraces too difficult or would lead to serious
erosion problems. It is appropriate to lay down criteria
for areas that may be subject to such exclusions, based
standards.
on
Furthermore, according to Article 104(5) and (6) of
that Regulation, Member States may also exempt areas
based on environmental concerns and Greece may
exempt areas planted with vines on the Aegean islands
and the Greek Ionian islands, with the exception of Crete
and Eubia. These exemptions should be well founded and
regularly communicated to the Commission.

professional

generally

accepted

(60)

(61)

(62)

In view of the experience gained under the application of
the former permanent abandonment measure, the system
of the scales of the premium should be retained. The new
scales of the grubbing-up premium are related to the
scales of the premium valid under the scheme before
the entry into force of Regulation (EC) No 479/2008,
by adding +20 % to them in 2009, +10 % in 2010
and 0 % in 2011.

for

the

administrative

In view of subsidiarity, Member States should be made
arrangements
responsible
concerning the application procedure for the grubbing-
up premium. They should be free to determine the date
until which they request producers to complete the
grubbing-up measure, so as to have sufficient time for
the necessary control before payments, which have to
take place by 15 October.

for

In order to allow for efficient use of the funds reserved
for
the grubbing-up measure, Member States should
foresee a system that permits verification whether the
founded,
applications
including,
if appropriate, a written undertaking to be
made by the producer and the obligation to bear the
costs incurred concerning the treatment of its request
in case the application is withdrawn without duly
justified reason.

the premium are well

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(63)

In the interests of verification, payment of the premium
should be made only once grubbing up has been carried
out.

of grubbing up of entire vineyard parcels or if the reso-
lution of the remote sensing is equal or better than 1 m2.
In any case, at least either the control before or the one
after the grubbing up should be carried out actually on
the spot.

(64) Article 104(1) of Regulation (EC) No 479/2008 provides
for the possibility for Member States to reject any further
application of the grubbing-up scheme on its territory or
in a given region if the accumulated grubbing-up area
reaches 8 % or 10 %, respectively. It is appropriate to
request Member States to communicate such a decision
to the Commission.

(65)

(66)

It is imperative, for the purpose of monitoring the imple-
mentation of Title II and V of Regulation (EC) No
479/2008 and the proper management of the market,
that the Commission receives the appropriate data as to
production potential. In this context, it is necessary to lay
down the details of the information to be set out in the
inventory referred to in Article 109 of that Regulation.

To create a more uniform basis for payments of the
support of restructuring and conversion of vineyards,
it
the green harvesting and the grubbing-up premium,
is appropriate to define, on Community level, rules on
the measurement of areas, namely to determine what
corresponds to the area planted with vines.

(70)

(71)

For the purpose of the uniform application of wine-
sector provisions, rules should be adopted with the aim
of specifying the control procedures already in force at
national and Community level, on the one hand, and
ensuring
bodies
responsible for wine-sector controls, on the other.

collaboration between the

direct

There should be rules governing the way in which the
national bodies and the Commission assist each other in
ensuring the correct application of wine-sector rules.
Such rules should not hinder the application of specific
provisions on Community expenditure, on criminal
matters or on national administrative penalties.

(72) Member States should ensure the effectiveness of

the
work of the bodies responsible for wine-sector controls.
To that end, they should designate a body responsible for
liaison between them and with the Commission. It is also
vital that control operations are coordinated between the
competent bodies in all Member States where wine-sector
controls have been split up between several competent
bodies.

(67) Measures should be laid down for the checks necessary in
order to ensure proper application of Regulation (EC) No
479/2008 and of this Regulation, and the appropriate
found. Those
sanctions
measures
and
sanctions laid down at the Community level as well as
additional national checks and sanctions. The checks and
sanctions should be dissuasive, effective and propor-
tionate.

applicable
should involve both specific

to irregularities

checks

(68) Any control related to the production potential should

be based primarily on the vineyard register.

(69)

Taking into account the importance of controlling the
production potential and the funds involved in the
grubbing-up scheme, systematic on-the spot verification
of the areas concerned should be foreseen both before
and after the execution of the grubbing-up. However, for
Member States disposing of a reliable graphical tool and
updated information about the area concerned, it should
be possible to do the control before the grubbing-up
administratively. As for the control after grubbing-up,
remote sensing can be used to verify that vines have
actually been grubbed up and therefore its use should
be permitted for this (ex post) stage of control. In view
of
the difficulties in calculating area through remote
sensing, this method should be authorised only in cases

(73)

(74)

To help the uniform application of the rules throughout
the
the Community, Member
necessary
the
to ensure
steps
competent bodies has adequate powers of investigation
to guarantee compliance with the rules.

should take
staff of
the

States
that

trade between Member States,

The interdependence of wine-sector markets is reflected
in the evolution of
in
particular the constant increase in the number of inter-
national companies active in the sector, and the possibi-
lities offered by the sector's management rules to have
operations, whether aided or not, carried out in or trans-
ferred to, a location other than that from which the
product originates. Such a situation calls for a greater
harmonisation of control methods and closer colla-
boration between the various bodies responsible for
controls.

(75)

For the purpose of effective collaboration between the
Member States in applying wine-sector rules, Member
States’ competent bodies should be able on request to
liaise with competent bodies in another Member State.
The rules governing that liaison and assistance must be
drawn up.

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(76)

(77)

(78)

(79)

(80)

(81)

(82)

In view of the complex nature of certain matters and the
urgent need to settle them, it is vital that a competent
body requesting assistance can,
in agreement with the
other competent body, have authorised agents designated
by it present when investigations are carried out.

fraud
In the event of a serious risk of
the various
affecting one or several Member States,
bodies concerned must be able to implement automa-
tically an unsolicited assistance procedure.

fraud or of

the nature of

In view of
under this Regulation,
sional confidentiality.

the information exchanged
it should be covered by profes-

the Joint Research Centre (JRC)
contributing

Regulation (EC) No 2729/2000 establishes an analysis
databank at
for the
to the harmonisation of
purpose of
analytical
the Community and
bringing together analysis samples and reports from
Member States.

throughout

controls

control

effective

of wine

reference isotopic analysis methods will
The use of
ensure more
product
enrichment or the discovery of the addition of water to
such products or, used with the results of the analysis of
other isotopic characteristics of such products,
it will
help to verify conformity with the origin indicated in
their name. With a view to making interpretation of
the results of such analysis easier, it should be possible
to compare those results with results obtained previously
using the same methods during the analysis of products
with similar characteristics and authenticated origin and
production.

Isotopic analysis of wine or wine-derived products is
carried out using the
analytical methods
referred to in Article 31 of Regulation (EC) No
479/2008.

reference

In order to facilitate interpretation of the results obtained
from such analyses carried out in Community labora-
tories equipped for the purpose and to guarantee that
the results obtained in such laboratories are comparable,
uniform rules should be drawn up for taking grape
samples and for the vinification and storage of such
samples.

(83)

To guarantee the quality and comparability of analytical
data, a system of recognised quality standards should be
applied to the laboratories designated by Member States
to carry out the isotopic analysis of samples for the
databank.

(84)

(85)

(86)

highly

special

scientific

knowledge

Isotopic analysis is an analytical method used for the
control and for combating fraud in the wine sector
requiring
and
technical equipment. Most of the Member States that
acceded to the Community in 2004 or 2007 are not
equipped to carry out this method. In order to ensure
a uniform application of control procedures, the Joint
Research Centre should carry out the analysis for those
Member States for a period until they are fully equipped
and competent to execute the task.

the results are delicate procedures and,

Isotopic analysis of wine-sector products and interpre-
in
tation of
order to permit uniform interpretation of such analysis
results, the JRC databank should be made accessible to
official laboratories using that analytical method and, on
request, to other official bodies in the Member States
while respecting the principles of
the protection of
private data.

Regulation (EC) No 2729/2000 contains rules on the
taking of samples for dispatch to an official laboratory
in another Member State and common rules for the
taking of samples which are to be analysed by isotopic
methods. Those rules should be taken over and the
taking of samples for the Community databank should
be deemed to be an instance of the taking of samples of
a wine-sector product as part of the system of direct
liaison between bodies.

(87)

To guarantee the objective nature of the controls, the
officials of a Member State's competent body should be
able to ask the competent body in another Member State
to carry out sampling. The requesting official should have
access to the samples taken and be able to specify the
laboratory where they are to be analysed.

(88) Detailed rules should be drawn up for the official taking
of samples as part of the collaboration between Member
States’ competent bodies and for the use of such samples.
Such rules should guarantee representativeness and the
possibility of verifying the results of official analyses
throughout the Community.

(89)

To simplify the administration of expenditure relating to
the taking and dispatch of samples, analysis and organo-
leptic testing and employing the services of an expert, the
principle should be established that such expenditure is
to be borne by the body ordering the sampling or the
services of the expert.

(90)

The conclusive force of the findings from controls carried
out pursuant to this Regulation should be specified.

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(91)

(92)

To guarantee the smooth operation of controls and grape
sampling in vineyards provisions should be adopted to
from obstructing controls
prevent
interested parties
them to facilitate
concerning them and to oblige
required
and
sampling
pursuant to this Regulation.

information

provide

the

Provisions should be laid down concerning the type,
format and means of communications necessary to
include
implement
communications
the
Commission.

this Regulation. These

from Member

should

States

to

HAS ADOPTED THIS REGULATION:

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope and use of terms

1.
This Regulation lays down implementing rules concerning
the application of the following provisions of Regulation (EC)
No 479/2008:

(93)

To ensure fair and controllable use of Community
budget, penalties with financial consequences are to be
foreseen in case Member States do not comply with
communication obligations.

(94)

Information necessary for the verification and auditing of
the implementation of the provisions of this Regulation
should be retained by Member States for inspection for
an appropriate period.

(a) support measures (Title II);

(b) trade with third countries (Title IV);

(c) production potential (Title V);

(d) inventory as foreseen in Article 109;

(95)

(96)

(97)

The payments made under Title II and Title V of Regu-
lation (EC) No 479/2008 should be made in full to the
to avoid undue administrative
beneficiaries.
burden, Member States should be allowed to pay the
insurance
through insurance
to producers
companies in accordance with certain conditions.

In order

support

(e) controls in the wine sector (Article 117); and

(f) measurement of areas as foreseen in Article 121(c).

This Regulation shall not affect the application of:

Provisions should be made for resolving cases of obvious
error, force majeure and other exceptional circumstances
to ensure fair treatment of producers. Rules for artificially
created situations should be provided for in order to
avoid any benefit being derived from such situations.

(a) specific provisions governing relations between Member
States in combating fraud in the wine sector in so far as
they are such as to facilitate the application of this Regu-
lation;

(b) rules relating to:

Provisions should be made for a smooth transition from
the previous system to the new system set out in this
Regulation and the implementation of the transitional
provisions set out in Article 128 of Regulation (EC) No
479/2008.

(i) criminal proceedings or mutual

assistance

among

Member States at judicial level in criminal matters;

(ii) the administrative penalties procedure.

(98)

The Management Committee for the Common Organisa-
tion of Agricultural Markets has not delivered an opinion
within the time limit set by its chairman,

Terms used in Regulation (EC) No 479/2008 shall have

2.
the same meaning when used in this Regulation.

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TITLE II

SUPPORT PROGRAMMES

CHAPTER I

Procedure for submission

Article 2

First submission of support programmes

1.
The submission of the draft support programme referred
to in Article 5(1) of Regulation (EC) No 479/2008 shall refer to
the five financial years 2009 to 2013.

Member States shall make available to the Commission by elec-
tronic means their draft support programme using the template
set out in Annex I to this Regulation.

Member States shall submit similarly their financial planning for
the draft support programme referred to in paragraph 1 to the
Commission in the form set out in Annex II.

where applicable, the revised financial planning in the form set
out in Annex IV to this Regulation.

Member States referred to in Article 5(4) of Regulation (EC) No
479/2008 need not submit the form set out in Annex IV.

Member States shall bear the responsibility for expenditure
between the date on which their support programme revision
is received by the Commission and the date of its applicability
according to Article 5(2) second subparagraph of Regulation
(EC) No 479/2008.

2.
Except in cases of emergency measures due to natural
disasters, changes in respect of support programmes shall not
be submitted more than twice per financial year. If a Member
State finds it necessary to modify its support programme,
it
shall submit it by 1 March and by 30 June of each year at
the latest with, where appropriate:

(a) updated versions of the support programme in the form set
out in Annex I and of the financial table in the form set out
in Annex IV;

2. Member States shall notify the Commission their legis-
lation related to the draft support programmes referred to in
the first subparagraph once adopted or modified.

(b) the reasons for the proposed changes.

3. Member States deciding to transfer all the amount of their
national envelope from the 2010 financial year onwards and for
all the period as referred to in Annex II of Regulation (EC) No
479/2008 into the Single Payment Scheme shall submit the
form provided for
this Regulation, duly
in Annex II of
completed in the corresponding line and once for all before
the 30 June 2008.

States deciding

4. Member
support
programme including regional particularities may also submit
details by region in the form set out in Annex III to this
Regulation.

to set up their

5. Member States shall bear the responsibility for expenditure
between the date on which their support programme is received
by the Commission and the date of its applicability according to
Article 5(2) first subparagraph of Regulation (EC) No 479/2008.

Article 3

Modifications of support programmes

Any transfer concerning the measure as referred to in Article 9
of Regulation (EC) No 479/2008 shall be notified before 1
December preceding the calendar year in which the Single
Payment Scheme will be applicable.

CHAPTER II

Eligible measures

S e c t i o n 1

P r o m o t i o n o n t h i r d - c o u n t r y m a r k e t s

Article 4

Eligible operations and markets

Wines referred to in Article 10(2) of Regulation (EC) No
479/2008 shall be eligible for promotion on third-country
markets provided that:

(a)

the products are intended for direct consumption, export
opportunities or potential new market outlets
in the
targeted third countries exist for them, and they display
high added value;

1.
Revised programmes referred to in Article 5(2) of Regu-
lation (EC) No 479/2008 shall be submitted to the Commission
in the form set out in Annex I to this Regulation including,

(b) the origin of the product is indicated as part of an infor-
mation or promotion operation in the case of wine with a
geographical indication;

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(c)

including the
the operation supported is clearly defined,
specification of which products may be
taken into
account, the marketing operation and the estimated cost;

(c)

the products concerned and their marketing in conformity
with the provisions of
the national
provisions and the relevant specification;

this Regulation,

(d) the support for promotion and information lasts no longer
than three years for a given beneficiary in a given third-
country;

(d) conclusion of contracts, including possible standard forms,
provision of securities and arrangements for the payment of
advances;

(e)

the information and/or promotion messages are based on
the intrinsic qualities of the wine, and comply with the
legislation applicable in the third countries at which they
are targeted;

(f) The beneficiaries must have enough capacity to face the
specific constraints of trade with third countries and have
resources to ensure that the measure is implemented as
effectively as possible. Member States shall
in particular
check that enough products
in terms of quality and
quantity will be available to ensure answering the market
demand in the long run after the promotion operation.

The beneficiaries may be private companies as well as profes-
sional organisations, producer organisations, inter-branch orga-
nisations or, where a Member State decides so, to public bodies.
In any event, Member States shall not make a public body the
sole beneficiary of the promotion measure.

Preference shall be given to micro, small and medium-sized
enterprises in the meaning of Commission Recommendation
2003/361/EC (1), and to collective brand names.

In order to prevent misuse of the scheme, the elements referred
to in paragraphs (a) and (c) shall not in general be permitted to
change within the duration of the supported actions unless
evidence shows that such changes allow for a better accom-
plishment.

(e) evaluating any given supported action.

The Member States

2.
particular against the following criteria:

shall

select

the

application in

(a) consistency between the

strategies proposed and the

objectives set;

(b) the quality of the proposed measures;

(c)

their likely impact and success in increasing demand for the
products concerned;

(d) assurances that any operator involved is effective and has
access to the required technical capacity and that the cost of
the measure which he plans to carry out himself is not in
excess of the normal market rates.

3.
Once having examined the applications Member States
shall select those offering the best value for money and draw
up a list within the limit of available funds and shall commu-
nicate them to the Commission using the form set out
in
Annex VIII in order to allow the other Member States to be
informed and to increase coherence of the measure.

Article 5

Selection procedure

4.
Two or more Member States may decide to select a joint
promotion operation. They shall undertake to contribute to the
financing and agree on administrative collaboration procedures
to facilitate the monitoring, implementation and checking.

1. Member States shall lay down the application procedure,
which shall in particular provide detailed rules on:

(a) verification of the compliance with the requirements and

criteria set out in Article 4;

5. Member States shall ensure that any national or regional
supported campaign are in agreement with measures financed
under Regulation (EC) No 3/2008 or Regulation (EC) No
1698/2005 and measures funded under national and regional
campaigns.

(b) deadlines for presentation of applications and for examina-

tion of the suitability of each proposed action;

(1) OJ L 124, 20.5.2003, p. 36.

6.
No support shall be granted under Article 10 of Regu-
lation (EC) No 479/2008 for a given operation supported under
Article 20(c)(iii) of Regulation (EC) No 1698/2005 or under
Article 2(3) of Regulation (EC) No 3/2008.

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7. Member States may provide for support to be advanced
before any operation has been implemented, provided that the
beneficiary has lodged a security.

and a minimum size of area resulting from restructuring and
conversion and any derogation from this requirement which
shall be duly justified and based on objective criteria.

8. Where Member States grant national aid for promotion,
they shall communicate them in the relevant part of Annexes I,
V, VII and VIII to this Regulation.

S e c t i o n 2

R e s t r u c t u r i n g a n d c o n v e r s i o n o f
v i n e y a r d s

Article 6

Definition

For the purposes of the second subparagraph of Article 11(3) of
Regulation (EC) No 479/2008, ‘the normal renewal of vineyards
which have come to the end of their natural life’ shall mean the
replanting of the same parcel of land with the same variety
according to the same system of vine cultivation. Member
States may establish further specifications, especially as regards
to the age of the vineyards replaced.

Article 7

Procedure and applications

1. Member States shall lay down:

(a)

limits

time
implementation of
operations, which shall not exceed five years;

the

for

restructuring

(b) bodies or individuals that may submit draft applications;

(c) objective

criteria

in
accordance with Article 104(9) of Regulation (EC) No
479/2008;

their prioritisation notably

for

(d) the content of
descriptions of
deadlines for their execution;

include detailed
the request, which shall
the proposed measures and proposed

(e)

the procedure for the presentation and approval of request,
which shall
in particular provide for deadlines for the
submission of requests and objective criteria for their prior-
itisation;

(f) a requirement that all requests shall state, for each financial
year, the measures to be implemented in that financial year,
and the area concerned by each measure and procedures for
monitoring such implementation.

Article 8

Levels of support

Subject to the provisions of Article 11 of Regulation (EC) No
479/2008 and of this Chapter, Member States shall lay down
rules governing the detailed scope and the levels of support to
be granted. The rules may provide in particular for the payment
of flat-rate amounts, for maximum levels of support per hectare
and for the adjustment of support on the basis of objective
criteria.
In case planting rights used do not result from the
restructuring operation and in order to avoid distortion of
competition, the support shall be reduced accordingly to take
into account the fact that the used planting rights have not
caused any grubbing-up cost.

The support is paid for the area planted, defined in conformity
with Article 75(1).

The rules shall be designed to ensure that the objective of the
scheme is met.

Article 9

Financial management

1.
Support shall be paid once it is ascertained that either a
single operation or all the operations covered by the support
application, according to the choice made by the Member State
for the management of the measure, have been implemented
and controlled on-the-spot.

Where support is normally payable only after implementation
of all the operations, support shall nevertheless be paid for
single operations implemented if
the remaining operations
could not be carried out due to force majeure or exceptional
circumstances within the meaning of Article 40(4) of Regulation
(EC) No 1782/2003 (1).

If checks show that an overall operation covered by the support
application has not been fully implemented for reasons other
than force majeure or exceptional circumstances within the
meaning of Article 40(4) of Regulation (EC) No 1782/2003,
single operations
and where support has been paid after
which are part of
the overall operation covered by the
support application, Member States shall decide to recover the
aid paid.

2. Member States may lay down a minimum size of the area
which may qualify for support for restructuring and conversion,

(1) OJ L 270, 21.10.2003, p. 1.

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for a given operation, or for all

As an exception to paragraph 1, the Member States may
2.
provide for support
the
operations covered by the support application, to be advanced
to producers before that any operation has been implemented,
provided that implementation has begun and the beneficiary has
lodged a security. For the purposes of Regulation (EEC) No
2220/85 (1), the obligation shall be to implement the operations
concerned by the end of
the second wine year following
payment of the advance.

That period may be adjusted by the Member State in cases
where:

(a) areas concerned are part of an area which has suffered a
natural disaster recognised by the competent authorities of
the Member State concerned;

(b) planned operations cannot be implemented because the
plant material suffers health problems which have been
certified by a body recognised by the Member State
concerned.

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

If checks show that the measure covered by the aid application,
and for which an advance has been paid, has not been fully
implemented, the Member States may decide to apply a penalty.

Article 10

Transitional measures

Member States may authorise the transformation of the ongoing
restructuring operations already planned in application to
Article 11 of Regulation (EC) No 1493/1999 into a new appli-
cation under Article 11(3) of Regulation (EC) No 479/2008
provided that:

S e c t i o n 3

G r e e n h a r v e s t i n g

Article 11

Definition of green harvesting

For the purposes of Article 12 of Regulation (EC) No 479/2008
and of this Section, leaving commercial grapes on the plants at
the end of the normal production cycle (non-harvesting) shall
not be considered green harvesting.

In addition,
the area of any parcel supported with green
harvesting shall not be counted when calculating the yield
limits set in the technical specifications of wines with a geogra-
phical indication.

Article 12

Conditions for the implementation of green harvesting

In relation to the green harvesting measure, Member

1.
States shall:

(a) adopt detailed provisions on the implementation of

the

measure, including:

(i) prior notification of green harvesting;

(ii) the amount of compensation to be paid;

result

(iii) rules to ensure that the areas concerned will be kept in
good vegetative conditions and that no negative impact
on the environment nor any negative phytosanitary
consequences
the
from the
measure and ensure that it is possible to check that
the measure is carried out correctly;
in relation to
these objectives Member States may apply restrictions
to the measure based on objective and non discrimi-
including timing of different varieties,
natory criteria,
environmental or phytosanitary risks or the method.

application of

(b) set the deadline for applications of green harvesting between

15 April and 31 May of each year;

(a) any such transformation is funded within the funds made
available in the support programme for the measure as
referred to in Article 11(3) of Regulation (EC) No
479/2008;

(c) establish by 31 May an expected market situation justifying
the application of green harvesting to restore market
balance and to prevent crisis;

(b) the continuation of the measure fulfils, after adaptations if

needed, the conditions set down in this Article.

(1) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(d) ensure

a

is

carried out

the measure

correctly by
that
green harvesting operation is
controlling whether
performed successfully; areas
receiving green harvesting
support shall be systematically verified on the spot after
the execution; the plots checked shall be those which are
the subject of an application for aid.

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The control referred to in point (d) of the first subparagraph
shall include:

Article 14

Compensation

(i) verification of the existence of the vineyard concerned
and whether the given area has been properly tended;

(ii) that

all bunches have been totally

removed of

destroyed;

(iii) which method has been used; each farmer applying for
green harvesting aid shall keep evidence of the costs of
the operation.

In order to ensure that no more marketable grapes are left
in the supported parcel, all controls shall take place between
15 June and 31 July of each year and, in any case, they will
be complete by the normal time of Veraison (Baggiolini
stage M, BBCH stage 83) in any given area.

1.
Each year Member States shall calculate the direct costs of
green harvesting according to the different methods manual,
mechanical and chemical
they allow in relation to
that
Article 12(1)(a)(iii). In case more than one method is used on
the same given area, compensation shall be calculated on the
basis of the cheapest method.

2.
The Member States shall define the loss of revenue caused
by green harvesting on the basis of objective and non-discrimi-
natory criteria.

Subject
to Article 12(4) of Regulation (EC) No 479/2008
Member States shall fix the level of support provided for in
Article 12(3) of that Regulation on the basis of standard costs
and standard assumptions of loss of revenue. Member States
shall ensure that the calculations:

(a) contain only elements that are verifiable;

Green harvesting shall not be applied on the same parcel

2.
for two consecutive years.

(b) are based on figures established by appropriate expertise;

In case of complete or partial damage of the crops due to
3.
in particular natural disaster within the meaning of Article 2(8)
of Commission Regulation (EC) No 1857/2006 (1) before the
date of green harvesting, no support shall be granted.

(c)

indicate clearly the source of the figures;

(d) are differentiated to take into account regional or local site

conditions as appropriate;

4.
In case of complete or partial damage occurring between
the payment of the green harvesting support and the harvesting
period, no harvest insurance financial compensation of the loss
of income may be granted for the area already supported.

The premium is paid for the area planted, defined in conformity
with Article 75(1) of this Regulation.

Article 13

Application procedure

1. Member States shall lay down the application procedure
shall
in particular provide for the applicable premium to the
producer concerned and the information required to accompany
the application. The application shall contain details on the area,
the average yield, the method to be used as well as the grape
variety and the type of wine produced from it.

founded. For

this purpose,

2. Member States shall verify whether the applications are
well
they may foresee that a
written undertaking of the producer is lodged upon application.
In case the application is withdrawn without duly justified
reason they may provide for the producer concerned to bear
the costs incurred concerning the treatment of its request.

(1) OJ L 358, 16.12.2006, p. 3.

S e c t i o n 4

M u t u a l f u n d s

Article 15

Level of the aid

The measure referred to in Article 13 of Regulation (EC) No
479/2008, may be introduced by the Member States in their
support programme according to the following rules:

(a)

the support period should not exceed three years;

(b) support for the administrative cost of setting up mutual
in the first, second and third year
funds shall be limited,
of operation of
to the
fund respectively,
following proportion of the contribution of the producers
to the mutual fund in the first, second and third year of its
operation:

the mutual

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(i) 10 %, 8 % and 4 % in the Member States which acceded

to the Community on 1 May 2004 or thereafter;

For the purposes of Article 14 of Regulation (EC) No 479/2008,
an ‘adverse climatic event which can be assimilated to a natural
disaster’ shall have the same meaning as in Article 2(8) of
Commission Regulation (EC) No 1857/2006.

(ii) 5 %, 4 % and 2 % in other Member States;

(c) Member States may fix ceilings for the amounts of the
administrative costs that may be received for the setting
up of mutual funds;

Where Member States grant national aid for harvest insurance,
they shall communicate them in the relevant part of Annexes I,
V and VII to this Regulation.

(d) Member States shall adopt detailed provisions for the imple-

mentation of that measure.

S e c t i o n 5

H a r v e s t i n s u r a n c e

Article 16

Conditions of eligibility

S e c t i o n 6

I n v e s t m e n t s

Article 17

Eligible measures

supported investments

The
standards applicable to the investment concerned.

respect

shall

the Community

The measure referred to in Article 14 of Regulation (EC) No
479/2008, may be introduced by the Member States in their
support programme according to the following rules:

Eligible expenditure shall be:

(a)

in relation to harvest insurance measures, Member States
shall adopt detailed provisions on the implementation of
those measures,
including those necessary to ensure that
harvest insurance measures do not distort competition in
the insurance market;

(b) producers

the

scheme

applying for

their
insurance policy available to the national authorities in
order to allow the Member States to comply with the
condition referred to in Article 14(2) of Regulation (EC)
No 479/2008;

shall make

(c) member States shall fix ceilings on the amounts that may be
received for the support in order to respect the conditions
referred to in Article 14(3) of Regulation (EC) No
479/2008. Where appropriate, Member States may fix the
level on the basis of
and standard
assumptions of
income loss. Member States shall ensure
that the calculations:

standard costs

(i) contain only elements that are verifiable;

(ii) are based on figures

established by

appropriate

expertise;

(iii) indicate clearly the source of the figures;

(a)

construction,

the
improvement of immovable property;

acquisition,

including

leasing,

or

(b) the purchase or

lease-purchase of new machinery and
equipment, including computer software up to the market
value of the asset; other costs connected with the leasing
contract, such as lessor’s margin, interest refinancing costs,
overheads and insurance charges,
shall not be eligible
expenditure;

(c) general costs linked to expenditure referred to in points (a),
and (b), such as fees of architects and engineers and consul-
tation fees, feasibility studies, the acquisition of patent rights
and licences.

By way of derogation from point (b), and only for micro, small
of
enterprises within
and medium-sized
2003/361/EC (1), Member
Commission
States may, in duly substantiated cases, establish the conditions
under which the purchase of second-hand equipment may be
regarded as eligible expenditure.

Recommendation

the meaning

investments shall not be eligible expen-
Simple replacement
i.e.
diture so as to make sure that the aim of the measure,
the improvement in terms of adjustment to market demand
and increased competitiveness, is met by these investments in
the processing chain measure.

(iv) are differentiated to take into account regional or local

site conditions as appropriate.

(1) OJ L 124, 20.5.2003, p. 36.

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Article 18

S e c t i o n 7

Eligible measures for the development of new products

D i s p o s a l o f b y - p r o d u c t s

Costs for the development of new products, processes and
technologies as referred to in Article 15(1)(b) of Regulation
(EC) No 479/2008, shall concern preparatory operations, such
as design, product, process or technology development and tests
and tangible and/or intangible investments related to them,
before the use of
the newly developed products, processes
and technologies for commercial purposes.

Simple replacement investments shall not be eligible expen-
i.e.
diture so as to make sure that the aim of the measure,
the improvement in terms of adjustment to market demand
and increased competitiveness, is met by these supports.

Article 19

Financial management

force majeure or exceptional circumstances
Except in case of
within the meaning of Article 40(4) of Regulation (EC) No
1782/2003, occurring during the period in which the
investments have to be undertaken, the support shall be paid
once it is ascertained that all the investments covered by the
support application, have been implemented and controlled on-
the-spot.

Beneficiaries of investment support may request the payment of
an advance from the competent paying agencies if this option is
included in the national support programme.

The amount of the advances shall not exceed 20 % of the public
aid related to the investment, and its payment shall be subject
to the establishment of a bank guarantee or an equivalent
the
guarantee corresponding to 110 % of
advance.

the amount of

The guarantee shall be released when the competent paying
agency establishes that the amount of actual expenditure corre-
sponding to the public aid related to the investment exceeds the
amount of the advance.

Article 20

Compatibility and consistency

No support shall be granted for marketing operations which
received support under Article 10 of Regulation (EC) No
479/2008.

Article 21

Fixing a minimum percentage of alcohol

1.
Subject to point 1 of Annex VI.D to Regulation (EC) No
479/2008, Member States shall establish the volume of alcohol
that must be contained in the by-products in relation to that
contained in the wine produced. Member States may modulate
the minimum percentage of alcohol on the basis of objective
and non-discriminatory criteria.

2.
Should the relevant percentage fixed by Member States in
application of the first paragraph not be reached, those subject
to the obligation shall deliver a quantity of wine from their own
production, thus ensuring attainment of that percentage.

3.
For the purpose of determining the volume of alcohol
contained in the by-products in relation to that contained in
alcoholic
the wine produced,
strengths by volume to be applied in the different wine-
growing zones shall be:

standard wine natural

the

(a) 8,0 % for zone A;

(b) 8,5 % for zone B;

(c) 9,0 % for zone C I;

(d) 9,5 % for zone C II;

(e) 10,0 % for zone C III.

Article 22

Disposal of by-products

Producers shall be required to withdraw the by-products of
wine-making, or any other processing of grapes, under super-
vision subject to the following conditions:

(a)

the by-products shall be withdrawn without delay and no
later than the end of the wine year in which they were
obtained; Member States may fix an earlier deadline; with-
drawal, together with an indication of the estimated quan-
tities,
in
accordance with Article 112(2) of Regulation (EC) No
479/2008, or certified by the competent authority;

shall be either entered in the registers kept

Where Member States grant national aid for investments, they
shall communicate them in the relevant part of the forms set
out in Annexes I, V and VII to this Regulation.

(b) withdrawal shall respect applicable Community legislation,

in particular as regards the environment.

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The withdrawal of the wine lees in question shall be regarded as
having taken place once the lees have been denatured to make
their use in winemaking impossible and where the delivery of
the denatured lees to third parties has been entered in the
registers kept in accordance with Article 112(2) of Regulation
(EC) No 479/2008. Member States shall
take the measures
necessary to ensure that such transactions are checked. They
may have a system of prior recognition of
the concerned
third parties.

Member States may decide that producers who, during the wine
year in question, do not produce more than 25 hectolitres of
themselves on their own premises are not
wine or must
required to withdraw their by-products.

Article 25

Amount of the aid

1.
The maximum amount of the aid referred to in Article 16
of Regulation (EC) No 479/2008 to be paid to distillers is
established by % volume alcohol and by hectolitre in the
following manner:

(a)

for raw alcohol obtained from marcs: EUR 1,1/%vol./hl;

(b) for

raw alcohol

obtained

from wine

and

lees:

EUR 0,5/%vol./hl.

Article 23

Disposal with by-product distillation

1.
Producers may fulfil the obligation of disposal for a part
or for the entirety of the by-products of wine-making or any
other processing of grapes, by delivering the by-products to
distillation.

2. Member States shall fix, within the limits provided for in
paragraph 1 on the basis of objective and non-discriminatory
criteria, the amount of aid and the lump-sum compensation for
the collection costs referred to in Article 24(2), and commu-
nicate them to the Commission in the relevant part of Annexes
I, V and VII forms. These amounts may be adjusted according
to different production typologies, on the basis of objective and
non-discriminatory criteria.

2. Member States may require that the delivery to distillation
of a part or of the entirety of the by-products of wine making
or of any other processing of grapes is made compulsory for a
part or for the entirety of their producers, on the basis of
objective and non-discriminatory criteria. This obligation can
be also fulfilled by the delivery of wine to the vinegar industry.

S e c t i o n 8

P o t a b l e a l c o h o l d i s t i l l a t i o n

Article 26

Purpose of the aid

3.
The relevant Member States may introduce a system of
certification of distillers according to a procedure that they lay
down.

1.
The aid referred to in Article 17 of Regulation (EC) No
479/2008 shall be granted, subject to the conditions referred
therein on the basis of objective and non-discriminatory criteria,
to producers whose production has as a final use the
production of wine distillates for the potable alcohol sector.

Article 24

Purpose of the aid

1.
The aid referred to in Article 16 of Regulation (EC) No
479/2008 shall be paid, subject to the condition referred to in
paragraph 3 and within the limit of the second subparagraph of
paragraph 1 of the same Article, to distillers that process the
products delivered to distillation into raw alcohol with an
alcoholic strength of at least 92 % vol.

The relevant aid shall

include a lump-sum amount
2.
destined to compensate the costs of collection of
these
products which shall be transferred from the distiller to the
producer, if the relevant costs are borne by the latter.

3. Member States may provide for support to be advanced
provided that the beneficiary has lodged a security.

4. Member States shall adopt detailed rules for applying the
measure provided for in this Article.

The aid may be paid to wine producers who are not

2.
themselves grape producers.

3. Member States may provide for support to be advanced
provided that the beneficiary has lodged a security.

4. Member States shall adopt detailed rules for applying the
measure provided for in this Article.

Article 27

Amount of the aid

Member States shall establish the amounts of per-hectare aid
and communicate it to the Commission, in the relevant part of
Annexes I, V and VII. These amounts may be adjusted, notably
in accordance with production region and production
conditions, on the basis of objective and non-discriminatory
criteria.

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S e c t i o n 9

C r i s i s d i s t i l l a t i o n

Article 28

Definition of the measure

shall correspondingly
2. Where relevant, Member States
reduce the minimum price to producers for wines, whose
alcoholic strength has been increased by adding sucrose or
must having benefited from the aid referred to in Article 19
of Regulation (EC) No 479/2008.

1.
Subject to the condition referred to in paragraph 1 of
Article 18 of Regulation (EC) No 479/2008, and within the
limit of the available budget, referred to in paragraphs 4 and
5 of the same Article, Member States which open a crisis distil-
lation on a part or on the entirety of their territory, for one or
more wine categories, on the basis of objective and non-discri-
minatory criteria, shall inform the Commission through a modi-
fication of their support programmes.

Article 31

National aid

Where Member States grant national aid for crisis distillation,
they shall record details of each application and its outcome.
They shall communicate this in the corresponding line set out
in Annexes II, III and IV.

2. Member States may require that this distillation is made
compulsory for a part or for the entirety of their producers, on
the basis of objective and non-discriminatory criteria.

3. Member States shall adopt detailed rules for applying the
measure provided for in this Article.

Article 29

Modalities of the aid

The aid referred to in Article 18 of Regulation (EC) No
1.
479/2008 is paid, subject
to the condition referred to in
paragraph 3 of the same Article, to distillers, which process
wine into raw alcohol with an alcoholic strength of at least
92 % vol.

S e c t i o n 1 0

U s e o f c o n c e n t r a t e d g r a p e m u s t

Article 32

Purpose of the aid

1.
Aid as referred to in Article 19 of Regulation (EC) No
479/2008 shall be granted to wine producers who use concen-
trated grape must and rectified concentrated grape must
produced in the Community to increase the natural alcoholic
strength by volume of the products referred to in Annex V,
point A, to Regulation (EC) No 479/2008.

2. Member States may provide for support to be advanced
provided that the beneficiary has lodged a security.

3. Member States shall adopt detailed rules for applying the
measure provided for in this Article.

The aid may include a minimum price, which shall be

2.
transferred by the distillers to the wine producers.

Article 33

Amount of the aid

3. Member States may provide for support to be advanced
provided that the beneficiary has lodged a security.

The maximum amount of

1.
aid referred to in
Article 19(1) of Regulation (EC) No 479/2008 shall be fixed
as follows, by potential alcoholic strength by volume (% vol.)
per hectolitre, for the following categories of products:

the

Article 30

Amount of the aid

1. Member States shall establish the amount of aid and,
where relevant,
the minimum price for the wine producers
referred to in Article 29 hereto and communicate them to
the Commission in the relevant part of the forms set-out in
Annexes I, V and VII. These amounts can be adjusted, notably
by production region and wine category, on the basis of
objective and non-discriminatory criteria. In any event, the aid
shall be fixed in such a way that
the price paid to wine
producers does not exceed the market price for the corre-
sponding production region and wine category.

(a) concentrated grape must: EUR 1,699/%vol/hl,

(b) rectified concentrated grape must: EUR 2,206/%vol./hl.

2. Member States shall establish, within the limits provided
for in paragraph 1 on the basis of objective and non-discrimi-
natory criteria, the amount of aid for each category of product
and communicate it to the Commission in the relevant part of
the forms set-out in Annexes I, V and VII. These amounts may
be modulated by region or vine-growing area, on the basis of
objective and non-discriminatory criteria.

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The potential alcoholic strength of the products listed in
3.
paragraph 1 shall be determined by applying the figures in the
table of equivalence in Annex I of Regulation (EC) No
1623/2000 to the readings at 20° C from a refractometer
used in accordance with the method laid down in the Annex
to Commission Regulation (EC) No 558/93 (1). A tolerance of
0,2 %vol. shall be allowed in checks by the competent authori-
ties.

Article 34

Checks

The competent authorities of the Member States shall take all
necessary steps to ensure the checks needed in order to verify in
particular the identity and volume of
the product used to
increase the alcoholic strength and compliance with points A
and B of Annex V to Regulation (EC) No 479/2008.

CHAPTER III

Reporting, evaluation and general provisions

Article 35

Reporting and evaluation

1.
The report referred to in Article 21(1) of Regulation (EC)
No 479/2008 shall be presented by Member States to the
Commission in the form set out in Annex V and in Annex
VI to this Regulation. The information contained in the appro-
priate tables shall refer to each year in respect of the measures
of the support programme:

(a) a statement of expenditure by financial year already incurred
in the programming period which will
in no cases
overshoot the limit of the total financial amount allocated
to the Member State pursuant to Annex II to Regulation
(EC) No 479/2008;

the foreseen period of

(b) support forecasts for subsequent financial years until the
end of
the
support programme, up to the limit of the total financial
amount allocated to the Member State pursuant in Annex II
to Regulation (EC) No 479/2008 and in coherence with the
most updated submission sent in application of Article 3 of
this Regulation.

implementation of

In the same communication, technical data related to the
2.
implementation of the measures in the support programme,
shall be presented by the Member States in the form set out
the
in Annex VII. The details on the implementation of

(1) OJ L 58, 11.3.1993, p. 50.

promotion measure shall be presented by the Member States in
the form set out in Annex VIII.

3.
References to a given financial year shall refer to payments
actually made by Member States between 16 October and 15
October of the following year.

The reporting referred to in Article 21(2) of Regulation
4.
(EC) No 479/2008 shall be presented by the Member States to
the Commission in the same form set out in Annex V and in
Annex VI to this Regulation. In addition the following items
shall be inserted in the conclusions:

— C1: Evaluation of
programme;

the costs and benefit of

the support

— C2: Ways
programme.

to increase

the

efficiency of

the

support

5. Member States shall communicate to the Commission the
measures taken to comply with the provisions foreseen in
Article 9(1) and 12(1)(d). The communication shall be made
in the form set out in Annexes VIIIa and VIIIb.

6. Member States referred to in Article 5(4) of Regulation
(EC) No 479/2008 shall not have an obligation to submit the
forms set out in Annexes V, VI, VII, VIII, VIIIa and VIIIb to this
Regulation.

7. Member States shall record the details of all support
programmes, whether or not amended, and of all measures
carried out in pursuance of programmes.

Article 36

Exclusion

support

the financial

None of
support
programmes may be granted to producers concerned by
unlawful areas referred to in Articles 85 and 86 of Regulation
(EC) No 479/2008 and for graft nurseries as referred to in
Article 60(3) of this Regulation.

from the national

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Article 37

Payment delay to beneficiaries

Member States shall for each measure with the exception of
Article 9 of Regulation (EC) No 479/2008:

(a) set the application deadline;

(b) after the date of lodging a valid and complete application,

pay the beneficiaries within:

(i) seven months for measures which can be completed and

controlled within one year;

(ii) a reasonable period to be set by the Member State and
to be communicated to the Commission in the relevant
parts of Annex I
for measures which cannot be
completed and controlled within one year.

TITLE III

TRADE WITH THIRD COUNTRIES

CHAPTER I

Entry price arrangements for grape juice and must

Article 38

Definition
For the purposes of this title ‘consignment’ means the quantity
of a product consigned by one consignor to one consignee,
presented under a single custom declaration for release for
free circulation. Each declaration may cover only goods of
one and the same origin, as defined in Articles 23 and 24 of
Regulation (EEC) No 2913/92 (1),
falling within a single
Combined Nomenclature code.

Article 39

Verification by consignment

For products falling within CN codes 2009 61, 2009 69
1.
and 2204 30 listed in Annex I, Part Three, Section I, Annex 2
to the Common Customs Tariff and subject
to entry price
arrangements,
the actual customs value shall be verified by
checking every consignment.

CHAPTER II

Certificates and analysis reports for wine, grape juice and
must on import

S e c t i o n 1

G e n e r a l

Article 40

Documents required

certificate

The
referred to in
analysis
Article 82(3)(a) and (b), respectively, of Regulation (EC) No
479/2008 shall form a single document:

and the

report

(a)

the ‘certificate’ part of which shall be made out by a body of
the third country from which the products comes;

(b) the ‘analysis report’ part of which shall be made out by an
laboratory recognised by the third country from

official
which the products comes.

Article 41

Contents of the analysis report

The analysis report shall include the following information:

(a)

in the case of wines and grape must in fermentation:

(i) the total alcoholic strength by volume;

(ii) the actual alcoholic strength by volume;

(b) in the case of grape must and grape juice, the density;

(c)

in the case of wines, grape must and grape juice:

(i) the total dry extract;

(ii) the total acidity;

(iii) the volatile acid content;

(iv) the citric acid content;

2.
The entry price in Annex 2 of the Regulation (EEC) No
2658/87 (2) for the products indicated in paragraph 1 shall be
determined on the basis of the customs value.

(v) the total sulphur dioxide content;

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation

(EC) No 275/2008 (OJ L 85, 27.3.2008, p. 3).

(vi) the presence of varieties obtained from interspecific
crossings (direct producer hybrids or other varieties
not belonging to the Vitis vinifera species).

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Article 42

Exemptions

returned to the customs territory of the Community and
released for free circulation.

1.
No certificate or analysis report need be presented for
products originating in and exported from third countries in
labelled containers of not more than five litres fitted with a
non-reusable closing device where the total quantity trans-
ported, whether or not made up of separate consignments,
does not exceed 100 litres.

2. Where products do not fulfil the conditions set out in
paragraph 1, no certificate and analysis report needs to be
presented for:

(a) wine, grape must and grape juice contained in the personal
luggage of travellers within the meaning of Article 45 of
Council Regulation (EEC) No 918/83 (1) up to a maximum
of 30 litres per traveller;

(b) wine sent in consignments from one private individual to
another, within the meaning of Article 29 of Regulation
(EEC) No 918/83 up to a maximum of 30 litres per
consignment;

(c) wine and grape juice forming part of the personal property
of private individuals transferring their normal place of
residence from a third country to the Community within
the meaning of Article 2 of Regulation (EEC) No 918/83;

(d) wine and grape juice for trade fairs as defined in Article 95
of Regulation (EEC) No 918/83, provided that the products
in question are put up in labelled containers of not more
than two litres fitted with a non-reusable closing device;

(e) quantities of wine, grape must and grape juice in other
scientific and

containers,
technical experiments up to a maximum of 100 litres;

the purpose of

imported for

(f) wines and grape juice imported in accordance with the
the Vienna Convention on diplomatic
provisions of
the Vienna Convention on
relations of 18 April 1961,
consular relations of 24 April 1963 or other consular
conventions,
of
the New York
16 December 1969 on special missions;

Convention

or

(g) wines and grape juice held in stores on board of vessels and

aircraft operating in international transport;

S e c t i o n 2

R e q u i r e m e n t s t o b e m e t a n d d e t a i l e d r u l e s
f o r d r a w i n g u p a n d u s i n g t h e c e r t i f i c a t e
f o r i m p o r t s o f w i n e ,
a n d a n a l y s i s r e p o r t

g r a p e j u i c e a n d g r a p e m u s t

Article 43

V I 1 document

The certificate and analysis report for each consignment
1.
intended for import into the Community shall be drawn up on
a single V I 1 document.

The document referred to in the first subparagraph shall be
drawn up on a V I 1 form corresponding to the specimen
shown in Annex IX.
It shall be signed by an officer of an
official body and by an official of a recognised laboratory as
referred to in Article 48.

2. Where the product concerned is not intended for direct
human consumption, the analysis report section of the V I 1
form need not be completed.

In the case of wine put up in labelled containers of a capacity
not exceeding 60 litres, fitted with non-reusable closing devices,
and provided that the wine originates in a country appearing in
Annex XII which has offered special guarantees accepted by the
Community, the analysis report section of the V I 1 form need
be completed only in respect of:

(a)

the actual alcoholic strength by volume;

(b) the total acidity;

(c)

the total sulphur dioxide content.

Article 44

Description of documents

V I 1 forms shall comprise a typed or handwritten original

1.
and a simultaneously produced copy, in that order.

(h) wines and grape juice originating and bottled in the
European Community, exported to a third country and

(1) OJ L 105, 23.4.1983, p. 1.

2.
The V I 2 form shall be an extract made out in accordance
with the specimen shown in Annex X, containing the data
appearing on a V I 1 document or another V I 2 extract and
stamped by a Community customs office. V I 2 forms shall
comprise an original and two copies, in that order.

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V I 1 documents and V I 2 extracts shall comply with the

3.
technical rules set out in Annex XI.

Article 46

Derogations

Both the original and the copy shall accompany the
4.
product. V I 1 and V I 2 forms must be completed either in
typescript or by hand, or by equivalent
technical means
recognised by an official body. Handwritten forms shall be
completed in ink and in capital
letters. No erasures or over-
writing shall be permitted. Any alterations shall be made by
crossing out the incorrect particulars and, where appropriate,
adding those required. Any change made in this way must be
approved by its author and stamped, as the case may be, by the
official agency, the laboratory or the customs authorities.

it

is found that

Application of Articles 43(2) and 45 of this Regulation may be
the products to which these
suspended if
measures apply have been the subject of falsification likely to
result in a health risk to consumers or uses of oenological
practices others than the ones referred to in Article 82(2) of
Regulation (EC) No 479/2008.

Article 47

Use

5.
V I 1 documents and V I 2 extracts shall bear a serial
number allocated, in the case of V I 1 documents, by the official
in the case of
agency whose officer signs the certificate and,
V I 2 extracts, by the customs office which stamps them in
accordance with Article 47(2) and (3).

1.
The original and the copy of V I 1 documents or V I 2
extracts shall be handed over to the competent authorities of
the Member State in which the customs formalities required for
putting into free circulation the consignment to which they
relate are carried out, on completion of those formalities.

6. Without prejudice to paragraphs 2, 3, 4 and 5, V I 1 and
V I 2 may be issued and used using computerised systems in
accordance with detailed rules laid down by the competent
authorities of the Member States. The content of an electronic
V I 1 and V I 2 must be identical to that one on paper.

The authorities shall, where necessary, endorse the back of the
V I 1 document or the V I 2 extract. They shall return the
original to the person concerned and keep the copy for at
least five years.

Article 45

Simplified procedure

1.
V I 1 documents made out by wine producers in the third
countries listed in Annex XII which have offered special guar-
antees accepted by the Community shall be considered as certi-
ficates or analysis reports drawn up by agencies and laboratories
included in the list provided for in Article 48 provided that the
producers have received individual approval from the competent
authorities of those third countries and are subject to inspection
by the latter.

2.
Approved producers as referred to in paragraph 1 shall
use V I 1 forms giving in box 9 the name and address of the
the third country which approved them.
official agency of
Producers shall complete the form, entering in addition:

(a)

in box 1, their names and addresses and their registration
numbers in the third countries listed in Annex XII;

is to be reconsigned complete
2. Where a consignment
before entry into free circulation, the new consignor shall give
the customs authorities supervising the consignment the V I 1
document or the V I 2 extract relating to that consignment as
well as, if appropriate, a V I 2 form completed consecutively.

The authorities shall verify that the particulars entered on the
V I 1 document agree with those entered on the V I 2 form or
that the particulars entered on the V I 2 extract agree with those
entered on the V I 2 form completed consecutively, and shall
then stamp the latter, which shall then be equivalent to the V I
2 extract, and endorse the document or previous extract
accordingly. They shall return the extract and the original of
the V I 1 document or the previous V I 2 extract to the new
consignor and keep the copy of the document or previous
extract for at least five years.

(b) in box 10, at
Article 43(2).

least

the particulars provided for

in

However, a V I 2 form need not be completed where a
consignment of a product is re-exported to a third country.

The producers shall sign in the space provided in boxes 9 and
10, after striking out the words ‘name and title of official’.

Neither stamps nor the name and address of the laboratory shall
be required.

3. Where a consignment is split before it enters into free
circulation, the person concerned shall give the original and
the copy of the V I 1 document or the V I 2 extract relating
to the consignment to be split to the customs authorities super-
vising that consignment, together with a V I 2 form and two
copies completed consecutively for each new consignment.

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The authorities shall verify that the particulars entered on the V
I 1 document or on the V I 2 extract correspond to those on
the V I 2 form completed consecutively for each new
consignment, and shall
then stamp the latter, which shall
then be equivalent to the V I 2 extract, and endorse accordingly
the back of the V I 1 document or the V I 2 extract on which it
was based. They shall return the V I 2 extract together with the
V I 1 document or the V I 2 extract previously completed to the
person concerned and keep a copy of each of these documents
for at least five years.

Article 48

List of competent bodies

1.
The Commission shall draw up and update lists containing
the names and addresses of the agencies and laboratories, and
of the wine producers authorised to draw up V I 1 document,
on the basis of notifications from the competent authorities of
third countries. The Commission shall make the names and
addresses of
these agencies and laboratories public on the
internet.

country of origin’) to another third country (hereinafter referred
to as ‘the exporting country’), from which it is then exported to
the exporting
the Community,
the competent authorities of
country may draw up the V I 1 document
for the wine
concerned on the basis of a V I 1 document or equivalent
drawn up by the competent authorities of
the country of
origin, without having to perform further analyses on the
wine, if that wine:

(a) has already been bottled and labelled in the country of

origin and remains so; or

(b) is exported in bulk from the country of origin and bottled
and labelled in the exporting country without any further
processing.

The competent authority of the exporting country shall certify
on the V I 1 document that the wine in question is a wine to
which the first paragraph refers and that it fulfils the conditions
set out therein.

The notifications from the competent authorities of third

2.
countries referred to in paragraph 1 shall contain:

The original or a certified copy of the V I 1 document or
equivalent of the country of origin shall be attached to the
V I 1 document of the exporting country.

(a)

the names and addresses of the official agencies and labora-
tories approved or appointed for the purpose of drawing up
V I 1 documents;

The only countries of origin for the purposes of this Article
shall be those appearing on the list, published in accordance
with Article 48(1), of agencies and laboratories
that are
appointed by third countries to complete the documents that
must accompany each consignment of imported wine.

(b) the names, addresses and official registration numbers of the
wine producers authorised to draw up V I 1 documents.

The lists referred to in paragraph 1 shall contain only agencies
and laboratories as referred to in point (a) of the first subpara-
graph of this paragraph which have been authorised by the
competent authorities of
the third country concerned to
provide the Commission and the Member States, on request,
with any information required to evaluate the data appearing on
the document.

The lists shall be updated, in particular to take account of

3.
changes of address and/or name of agencies or laboratories.

Article 50

Special rules for particular wines

1.
In the case of liqueur wines and wines fortified for distil-
lation, the V I 1 documents shall be recognised as valid only
where the official agency as referred to in Article 48 has entered
the following in box 14:

‘the alcohol added to this wine is certified as being wine
alcohol’.

The entry shall be accompanied by the following information:

(a)

the full name and address of the issuing agency;

Article 49

Indirect imports

(b) the signature of an official of the agency;

In cases where a wine is exported from a third country in
whose territory it was produced (hereinafter referred to as ‘the

(c)

the agency's stamp.

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the

The V I 1 document may be used as certifying that an
2.
indication in conformity
imported wine bears a geographical
agreement on Trade-Related Intellectual
with either
the World Trade Organisation
Property Rights
indi-
(WTO), or the Community legislation on geographical
cations or an agreement on recognition and protection of
geographical
indications between the European Community
and the third country from which the wine originates.

(TRIPS) of

In such a case, box 14 shall indicate the following:

‘the wine covered by this document is certified as having been
produced in the … wine-growing region and was given the
indication shown in box 6 in accordance with
geographical
the provisions of the country of origin’.

The entry shall be accompanied by the information provided for
in the second subparagraph of paragraph 1.

Article 51

Conformity of imported wines

Where the competent authorities of a Member State suspect
that a product originating in a third country does not comply
with Article 82(1) and (2) of Regulation (EC) No 479/2008,
they shall inform the Commission thereof without delay.

CHAPTER III

Specific provisions on exports

Article 52

Notification of official bodies

1. Member States shall send the Commission the lists of
they propose
official or officially recognised bodies
should issue attestations proving that
the wine in question
meets the conditions for access to the concessions provided
for in the agreements with third countries.

that

CHAPTER IV

Transitional provisions

Article 53

V I 1 and V I 2 conformity

V I 1 and V I 2 documents which were in conformity with the
provisions applicable when they were put into circulation but
which no longer conform to those provisions from the date of
application of this Regulation may continue to be used until
31 December 2008.

Article 54

Release of security

At the request of the interested parties, the securities lodged for
the issuing of import and export licenses, shall be released from
1 August 2008, if the validity of the licenses has not expired
before that date.

TITLE IV

PRODUCTION POTENTIAL

CHAPTER I

Unlawful plantings

Article 55

Penalties in case of non-compliance with the grubbing-up
obligation

1.
The penalties referred to in Article 85(3) and Article 86(4)
second subparagraph of Regulation (EC) No 479/2008 shall be
determined so as to provide an appropriate sanction for those
who violated the provisions concerned.

applicable,

Without prejudice, where
to earlier penalties
imposed by Member States, Member States shall determine
the penalties referred to in Article 85(3) and Article 86(4)
second subparagraph of Regulation (EC) No 479/2008 on the
basis of the following principles:

(a) basic financial penalty to be imposed shall be at least EUR

12 000/ha;

The Commission shall act on behalf of the Community in
2.
drawing up and exchanging,
jointly with the third country
concerned, the list of official bodies authorised to draw up
the attestations referred to in paragraph 1 and the equivalent
certificate issued by the third country concerned.

(b) Member States may increase the penalty based on the
commercial value of the wines produced in the vineyards
concerned.

The Commission shall make the list provided for in

3.
paragraph 2 public and update it periodically.

2. Member States shall
Article 85(3) of Regulation (EC) No 479/2008:

impose the penalty referred to in

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(a)

for unlawful plantings existing at the time of the entry into
force of this Regulation for the first time on 1 January
2009;

(a)

in case of non-submission of the distillation contract, one
month after the expiry of the deadline laid down in the
second subparagraph of Article 57(1);

(b) for unlawful plantings from after the entry into force of this
Regulation for the first time with effect of the date of those
plantings.

The penalty shall be levied again every 12 months, counted
from those dates and in accordance with the criteria established
this Article, until compliance with the
in paragraph 1 of
grubbing-up obligation.

impose the penalty referred to in
3. Member States shall
Article 86(4)
second subparagraph of Regulation (EC) No
479/2008 for the first time on 1 July 2010 for non-compliance
with the grubbing-up obligation and thereafter every 12 months
until compliance in accordance with the criteria established in
paragraph 1 of this Article

Penalties collected within the meaning of this Article shall

4.
be retained by the Member State concerned.

Article 56

Penalties in case of non-compliance with prohibition of
circulation

The penalties referred to in Article 87(2) of Regulation
1.
(EC) No 479/2008 shall be determined so as to mean an appro-
priate sanction for those who violated the provisions concerned.

2.
The penalties referred to in paragraph 1 shall be imposed
if a producer concerned, having more than 0.1 hectares of
vineyard area, and according to the appropriate case:

(b) in case of failure to comply with the rules about green
harvesting, on 1 September of the calendar year concerned.

Penalties collected within the meaning of this Article shall

4.
be retained by the Member State concerned.

Article 57

Non-circulation or distillation

1.
In case of Article 87(1) of Regulation (EC) No 479/2008,
the grapes or products made from grapes may only have one
the following destinations:

(a) distillation at the exclusive expense of the producer;

(b) green harvesting in accordance with the definition of
Article 12(1) of Regulation (EC) No 479/2008, at
the
expense of the producer concerned;

(c)

family consumption; this possibility is only acceptable if the
producer’s vineyard area does not exceed 0,1 ha.

In case of the distillation foreseen in point
subparagraph:

(a) of the first

— producers shall submit the distillation contract foreseen in
Article 87(1) of Regulation (EC) No 479/2008 by the end of
the wine year in which the products were produced,

— products produced before regularisation of the vineyard in
accordance with Article 86(1) of Regulation (EC) No
479/2008 shall be subject to the distillation obligation.

(a) does not submit the distillation contract by the deadline
specified in the second subparagraph of Article 57(1) or
entire production
cover
these
concerned, as declared in the harvest or production
declaration; or

contracts do not

the

(b) does not

inform the

the
intended green harvesting by the deadline specified in the
third subparagraph of Article 57(1) or does not carry out
the green harvesting in a satisfactory manner.

competent authority about

3. Member States shall
paragraph 1:

impose the penalties referred to in

subparagraph, producers

In case of the green harvesting as foreseen in point (b) of the
first
inform the competent
authority in advance about their intention before a date fixed
by the Member States in accordance with Article 12(1)(b).
Member States shall control green harvesting according to
Article 12(1)(d) of this Regulation.

shall

2. Without prejudice to paragraph 1,
in order to facilitate
control, Member States may foresee an obligation to the
producers to notify the competent authority of the Member
State before the date fixed by the Member States in accordance
with Article 12(1)(b) which of the possibilities mentioned in
points (a) to (c) of the first subparagraph of paragraph 1 of
this Article they are going to choose.

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Member States may also limit the choice of producers to only
one or two of the possibilities mentioned in points (a) to (c) of
the first subparagraph of paragraph 1.

The later, yearly communications shall be made in the form set
out in Tables 3, 5, 6 and 7 of Annex XIII to this Regulation.

3.
In case the given producer has vineyards the products
from which may be marketed, the competent authorities shall
be responsible for ensuring that the products from the unlawful
planting are not added to the products of these other vineyards
that are marketed.

Article 58

Communications

1. Member States shall communicate to the Commission by
1 March each year the areas for which penalty was paid and the
amount of penalty that was actually imposed in the form set
out in table 1 of Annex XIII. They shall also communicate the
Commission their legislation related to these penalties.

2.
Save as otherwise indicated in the appropriate tables of
Annex XIII to this Regulation, the communications referred to
in Article 85(4), Article 86(5) and Article 87(3) of Regulation
(EC) No 479/2008 shall refer to the previous wine year.

When the communications according to Article 85(4) and
Article 86(5) of Regulation (EC) No 479/2008 are made for
the first time, by 1 March 2009 at the latest, the information
contained in the appropriate tables shall refer to the following:

(a) any unlawful planting planted after 31 August 1998
detected since that date until the end of the 2007/2008
wine year and still not grubbed up by 31 July 2008,
if
such data are available;

(b) any unlawful planting planted before 1 September 1998 the
application for regularisation according to Article 3(2) of
Regulation (EC) No 1493/1999 of which was accepted or
refused by the Member State between 1 August 2007 and
31 July 2008.

For the purpose of the communication referred to in point (a)
of the second subparagraph, Table 2 of Annex XIII to this
Regulation shall be used.

3. Member States may decide whether or not to include
details related to regions in the communications mentioned in
paragraphs 1 and 2.

Article 59

Reductions imposed on Member States

for Table 2,

their allocation for

In case Member States fail to communicate any of the tables by
the relevant deadlines, except
referred to in
Article 58, in the form laid down in Annex XIII to this Regu-
lation, containing the information specified in Articles 85(4),
86(5) and 87(3) of Regulation (EC) No 479/2008 and filled
in appropriately,
the support measures
referred to in Article 7 of Regulation (EC) No 479/2008 may
be reduced as foreseen in Article 89(a) of Regulation (EC) No
479/2008. The Commission may decide that, according to the
scope of the failure, for every month of delay, an amount of up
to a total of 1 % of the allocation for the support measures of
the given Member State shall be forfeited starting from the
beginning of the wine year following the one in which the
communication was due.

CHAPTER II

Transitional planting right regime

Article 60

New planting rights

1. Where Member States grant new planting rights in respect
of areas intended for new planting carried out under measures
for land consolidation or measures concerning compulsory
purchases in the public interest adopted under national legis-
lation, they shall ensure that these rights are not granted for an
area greater in terms of pure crop than 105 % of the area under
vines which was the subject of the measures for land consoli-
dation or measures concerning compulsory purchases in the
public interest.

2. Where Member States grant new planting rights in respect
of areas intended for experiments, products made from grapes
coming from such areas may not be marketed throughout the
experimental period.

For the purpose of the communication referred to in point (b)
of the second subparagraph, Table 4 of Annex XIII to this
Regulation shall be used.

3. Where Member States grant new planting rights in respect
of areas intended for graft nurseries, grapes of such vines shall
either not be harvested or,
if harvested, shall be destroyed
throughout the period of production of the graft nurseries.

The Commission retains the right to request information about
the unlawful plantings concerned on the basis of formerly valid
but not
respected communication obligations based on
Article 2(7) of Regulation (EC) No 1227/2000.

4.
New planting rights granted under paragraphs 2 and 3
shall only apply during the experimental period or the period
of production of the graft nurseries, respectively.

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After the period referred to in the first subparagraph, either:

(a)

the producer shall use replanting rights or planting rights
granted from a reserve in order
the area
concerned to produce wine which is to be marketed; or

to permit

(b) the vines planted on such areas shall be grubbed up; the
expenses of
such grubbing-up shall be borne by the
producer concerned; until the area concerned is grubbed
up, products made from grapes coming from such areas
may be put into circulation only for the purposes of distil-
lation, at the expense of the producer; these products may
not be used in the preparation of alcohol having an actual
alcoholic strength of 80 % vol. or less.

5.
New planting rights, and any conditions on the use of
such rights or areas planted pursuant to them granted prior
to 1 August 2000 in respect of areas intended for experiments
or graft nurseries shall continue to apply during the experi-
mental period or
the graft
nurseries, respectively. The rules in the second subparagraph
of paragraph 4 shall apply to such areas after the end of the
experimental period or the period of the production of the graft
nurseries, respectively.

the period of production of

in order

In the case of Article 91(1)(d) of Regulation (EC) No
6.
to avoid an excessive administrative
479/2008,
instead of
burden being imposed, a Member State may,
granting new planting rights, provide that areas whose wine
or vine products are intended solely for consumption by the
vine grower’s family shall not be subject to the grubbing-up
requirement
that Regulation. Member
States may do so only on condition that:

in Article 85(1) of

(a)

the area in respect of any given grower does not exceed a
maximum area to be laid down by that Member State,
which may, in any case, not be larger than 0,1 hectare; and

Article 61
Member States’ recording and communication obligations
related to new planting rights

Member States shall record each case where new planting rights
are granted according to Article 60.

Member States shall communicate the following information to
the Commission in respect of each wine year:

(a)

the total areas for which new planting rights have been
granted under
each of paragraphs 1, 2 and 3 of
Article 60; and

(b) the total area for which new planting rights have been
granted under Article 91(1) of Regulation (EC) No
479/2008; however, where a Member State makes use of
the derogation in paragraph 6 of Article 60 of this Regu-
lation, it shall instead communicate an estimate of the total
area concerned, which shall be based on the results of the
monitoring carried out.

This communication shall be made in the form set out in Table
8 of Annex XIII. Member States may decide whether or not to
include details related to regions in it. It shall be transmitted to
the Commission at the latest by 1 March each year in respect of
the previous wine year.

Article 62

Grubbing up without generation of replanting right

to Article 24(4),
Where an area is grubbed up pursuant
Article 85(1) or Article 86(4) of Regulation (EC) No
479/2008 or point
second subparagraph of
Article 60(4) of this Regulation, no replanting rights shall be
granted. Furthermore, no replanting rights shall be granted in
the event of grubbing up of:

(b) of

the

(b) the vine grower concerned is not involved in commercial

wine production.

(a) any area of vines in the implementation of measures for
land consolidation or measures concerning compulsory
purchases in the public interest, where new planting rights
have been granted in relation to such areas under
Article 60(1) of this Regulation;

7.
The marketing of the wine or vine products coming from
the areas referred to in paragraph 6 shall be prohibited. Member
States shall apply an appropriate system to monitor this prohi-
bition. Should a breach of this prohibition be discovered, then
in addition to any penalties imposed by the Member State,
point
the second subparagraph of paragraph 4 shall
apply. Member States shall record all cases dealt with under
this paragraph.

(b) of

(b) areas intended for wine-growing experiments during the

experimental period;

(c) areas intended for graft nurseries during the period of

production of the graft nurseries;

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(d) areas intended solely for the consumption of

grower’s family; or

the vine

6. Member States shall keep a record of all case dealt with
under paragraphs 1 to 5.

(e) areas for which a grubbing-up premium is granted,

in
second subparagraph of

accordance with Article 92(1)
Regulation (EC) No 479/2008

Article 63

Anticipated replanting rights

replanting rights

According to Article 92(2) of Regulation (EC) No
1.
479/2008, Member States may grant
to
producers who undertake to grub up an area of vines before
the end of the third wine year after the area was planted. This
can be done only where that producer can show that he has no,
or insufficient, planting rights in his possession which could be
used to permit the entire area concerned to be planted with
vines. A Member State shall grant no more rights to a producer
than are necessary to permit the entire area concerned to be
planted with vines, taking into account any rights already in his
possession. The producer shall specify the particular area to be
grubbed up.

2. When giving the undertaking referred to in paragraph 1, a
producer shall lodge a security. The obligation to grub up the
area concerned shall constitute the ‘primary requirements’
within the meaning of Article 20(2) of Regulation (EEC) No
2220/85. The amount of
the security shall be set by the
Member State concerned on the basis of objective criteria.
The security shall be set at a level which is proportionate and
sufficient to dissuade producers from failing to carry out their
undertaking.

3.
Until the undertaking to grub up has been carried out,
Member States shall ensure that, in any given wine year, there is
not simultaneously a commercial production of wine from both
the area to be grubbed up and the newly planted area, by
ensuring that, the products made from grapes coming from
either of the areas may be put into circulation only for the
purposes of distillation, at the expense of the producer. These
products may not be used in the preparation of alcohol having
an actual alcoholic strength of 80 % vol. or less.

If the undertaking to grub up is not carried out by the
4.
deadline set,
then the particular area which has not been
grubbed up shall be treated as having been planted in breach
of the restriction on planting in Article 90(1) of Regulation (EC)
No 479/2008.

Article 64

Transfers of replanting rights

1.
In applying the second subparagraph of Article 92(5) of
Regulation (EC) No 479/2008, Member States may apply an
equivalent
replanting
rights between holdings.

reduction coefficient

to transfers of

2. Member States shall keep a record of all
replanting rights between holdings.

transfers of

Article 65

Reserves of planting rights

1. Member States shall ensure that the transfer of rights via a
national reserve and/or regional reserves does not lead to an
overall
If
needed, Member States may apply a reduction coefficient.

increase in production potential on their territory.

2.
the
A Member State shall notify the Commission of
creation of national and/or regional reserves of planting rights
or, as the case may be, of its choice not to implement any
longer the reserve system.

3. Where a Member State chooses not to implement the
reserve system,
shall communicate to the Commission
proof that an effective system for managing planting rights
exists throughout its territory.

it

4. Member States shall keep a record of all cases where
planting rights are granted from reserves, of all cases where
planting rights are transferred between reserves and all cases
where planting rights are allocated to reserves. Any payments
made in return for allocating rights to a reserve or for granting
rights from a reserve shall also be recorded.

5. Member States shall, in the form laid down in Table 9 of
Annex XIII, communicate to the Commission in respect of each
wine year:

(a)

the planting rights allocated to the reserves;

5. Member States shall monitor the planting and grubbing-
up of the areas concerned.

(b) the planting rights granted from the reserve against or

without payment.

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Article 66

Maintenance of the planting rights system

Article 104(4) of Regulation (EC) No 479/2008 shall be the
following:

in their

that want

to maintain the prohibition of
Member States
territory as
their
territory or parts of
plantings
referred to in Article 90(1) of Regulation (EC) No 479/2008
beyond 31 December 2015 according to the possibility
provided for in Article 90(6) of that Regulation, shall commu-
nicate their appropriate intention to the Commission by
1 March 2015.

CHAPTER III

Grubbing-up scheme

Article 67

Eligibility

The grubbing-up premium may be granted only if proofs
1.
the vineyard area concerned is properly
are available that
in
tended. Without prejudice to the control provided for
the harvest declaration
Article 81(3) of
according to Article 2 of Commission Regulation (EC) No
1282/2001 (1) is required for this purpose for at least the two
wine years preceding the entry into force of Regulation (EC) No
479/2008 and the three wine years preceding the grubbing up.

this Regulation,

2.
Notwithstanding paragraph 1, Member States may foresee
that producers who are exempted from the obligation to submit
harvest declaration according to Article 2(2)(c) or Article 2(3) of
Regulation (EC) No 1282/2001, may prove
their grape
production on the basis of
the declaration specified under
Article 2(2)(c) or the production declaration as referred to in
Article 4(1) of that Regulation.

In case neither the harvest declaration nor the declaration
specified under Article 2(2)(c) or in Article 4(1) of Regulation
(EC) No 1282/2001 is available due to well justifiable reasons,
Member States may foresee alternative means to ensure that the
vineyard was properly
shall be
responsible for the thorough verification of the trustworthiness
of these alternative means.

tended. Member States

shall

Before accepting an application for payment, Member
3.
States
under
the
Article 100, points (a), (b), (d), (e) and (f) of Regulation (EC)
No 479/2008 have been met.

eligibility

criteria

ensure

that

Article 68

Exemption reasons

1. Mountain and steep slope areas that may be declared
the grubbing-up scheme in accordance with
ineligible for

(a) mountain areas which are above at least 500 m altitude,

excluding high plains;

(b) areas with a slope exceeding at least 25 %;

(c) areas with terraces.

2.
The communication referred to in Article 104(8) of Regu-
lation (EC) No 479/2008 shall contain indicative information
on the size of such areas and shall be made in the format set
out in Annex XIV to this Regulation.

Article 69

Premium level

1. Without prejudice to national aids that may be given
according to Article 106 of Regulation (EC) No 479/2008,
the scales of the premium provided for in Article 101 of that
Regulation shall be as set out in Annex XV to this Regulation.

2.
The historical yield referred to in Article 101(2) of Regu-
lation (EC) No 479/2008 shall be established on the basis of the
average yield of the holding, or, if available, the average yield of
the parcel or the average yield for a certain wine category
within the given holding for which the grubbing-up premium
is requested. The average yield shall be calculated on the basis of
the average yield in the five years between 2003/2004 and
2007/2008, excluding the years with the lowest and the
highest yield.

By way of derogation from the first subparagraph:

(a) Member States which joined the Community in 2004 or
2007 and did not have a system of harvest declarations
in the entire period between 2003/2004 and 2007/2008
shall calculate the historical yield on the basis of the average
yield in the years between 2005/2006 and 2007/2008;

(b) a producer whose production was adversely affected during
the reference period for more than a year by a case of force
majeure or exceptional circumstances occurring during that
the
reference period shall be entitled to request
historical yield be established on the basis of the average
yields of the wine years in the period referred to in the first
or, when applicable, in point (a) of this subparagraph which
were not affected by the case of force majeure or exceptional
circumstances.

that

(1) OJ L 176, 29.6.2001, p. 14.

The average yield shall be determined on the basis of the

3.
harvest declarations.

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Notwithstanding the first subparagraph, Member States may
foresee that producers who are exempted from the obligation
to submit a harvest declaration according to Article 2(2)(c) or
Article 2(3) of Regulation (EC) No 1282/2001, may prove their
grape production on the basis of the declaration specified under
Article 2(2)(c) or the production declaration as referred to in
Article 4(1) of that Regulation.

2. Member States shall verify whether the applications are
well
founded. For this purpose, they may foresee a written
undertaking to be made by the producer concerned upon appli-
cation.
In case the application is withdrawn without duly
justified reason they may provide for the producer concerned
to bear the costs incurred concerning the treatment of
its
request.

Member States may foresee that in case of members of coop-
eratives or other groups to which they belong or with which
they are associated who do not have the declaration specified
under Article 2(2)(c) of Regulation (EC) No 1282/2001, the
average yield of the cooperative or the group may be taken
into account, provided that the cooperative or group certifies
that the given producer actually delivered grapes to them in the
years concerned. In this case, if available, the average yield for a
certain wine category within the given cooperative or group for
which the grubbing-up premium is requested shall be taken into
account.

Member States may foresee that in case neither the harvest
declaration nor the declaration specified under Article 2(2)(c)
or
in Article 4(1) of Regulation (EC) No 1282/2001 is
available due to well justifiable reasons, to be verified by the
Member States, apart from those mentioned under the second
and third subparagraphs, the historical yield shall be the average
yield of the region concerned.

Member States shall be responsible for the thorough verification
of the trustworthiness of the declarations and the alternative
sources used to establish the historical yield presented in
accordance with this Article.

The premium is paid for the area planted, defined in

4.
conformity with Article 75.

Article 70

Application procedure

1. Member States shall lay down the application procedure,
which shall in particular provide for:

(a)

the information required to accompany the application;

Article 71

Procedure in case of application of a single percentage for
acceptance

1. When applying the percentage for acceptance as referred
to in Article 102(4) of Regulation (EC) No 479/2008, Member
States shall proceed in each year concerned as follows:

(a) as far as the available budget resources allocated to a
Member State allow, all the applications for the grubbing-
up of the entire vineyard of a producer shall be accepted,
without applying any reduction to their applications; if the
available budget resources allocated to a Member State are
not sufficient for accepting all of these applications, Member
States shall distribute the available budget on the basis of
the objective and non-discriminatory criteria laid down in
their national rules;

less

(b) after having deducted from the available budget resources
allocated to a Member State the amounts referred to under
point (a) of this paragraph, as far as the rest of the available
budget resources allow, all the applications of applicants
who are not
than 55 years old or older where
Member States so provided under Article 102(5)(b)(ii) of
Regulation (EC) No 479/2008 shall be accepted, without
applying any reduction to their
the
available budget resources allocated to a Member State are
not sufficient for accepting all of these applications, Member
States shall distribute the available budget on the basis of
the objective and non-discriminatory criteria laid down in
their national rules;

applications;

if

(c) after having deducted from the available budget resources
allocated to a Member State the amounts concerned by
points (a) and (b), Member States shall distribute the rest
of the available budget on the basis of the objective and
non-discriminatory criteria laid down in their national rules.

(b) subsequent communication of the applicable premium to

the producer concerned;

(c)

the date before which the grubbing up has to take place.

2.
The objective and non-discriminatory criteria referred to
in Article 102(5)(b) of Regulation (EC) No 479/2008 shall be
determined by the Member States so as to allow that no
reduction is applied to the applications that can be accepted.
Member States shall communicate to the Commission the
criteria referred to in paragraph 1 by 15 October each year,
within Table 10 of Annex XIII to this Regulation.

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Article 72

Payment of the premium

Article 75

Area planted

Payment of the grubbing-up premium shall be made after veri-
fication that grubbing-up has taken place and at the latest by 15
October of the year in which the application was accepted by
the Member States according to Article 102(5) of Regulation
(EC) No 479/2008.

Article 73

Communications

1.
The communications referred to in paragraphs 2, 5 and 6
of Article 102 of Regulation (EC) No 479/2008 shall be made
in the format given in Tables 10 to 12 of Annex XIII to this
Regulation. Member States may decide whether or not
to
include details related to regions in these tables.

2. Where Member States grant national aid for grubbing-up,
they shall include this information in the tables referred to in
paragraph 1.

3. When a Member State decides, according to Article 104(1)
of Regulation (EC) No 479/2008, to reject further applications,
it shall communicate its decision to the Commission.

4. Member States shall communicate to the Commission the
measures taken to comply with the provision foreseen in
Article 104(9) of Regulation (EC) No 479/2008. The commu-
nication shall be made in the format given in Table 12 of
Annex XIII to this Regulation.

5. Member States shall communicate to the Commission not
later than 1 December each year an annual report on results of
controls conducted in the previous
financial year on the
grubbing-up scheme. The communication shall be made in
the format given in Table 13 of Annex XIII.

1.
For the purpose of the restructuring and conversion of
vineyards, the green harvesting and the grubbing-up measures
referred to in Articles 11, 12 and 98 of Regulation (EC) No
479/2008, an area planted with vines is defined by the external
perimeter of the vine stocks with the addition of a buffer whose
width corresponds to half of the distance between the rows. The
area planted shall be determined in accordance with the first
subparagraph of Article 30(1) of Commission Regulation (EC)
No 796/2004 (1).

2.
In case the historical yield referred to in Article 101(2) of
Regulation (EC) No 479/2008 is determined on the basis of an
area that does not correspond to the definition given in
paragraph 1 of this Article, Member States may proceed with
the recalculation of the yield by dividing the production of the
given holding or parcel or wine category by the area planted
with vines, producing the given volume of wine, as defined in
paragraph 1.

TITLE V

CONTROLS IN THE WINE SECTOR

CHAPTER I

Principles of control

Article 76

Checks

Without prejudice to specific provisions of this Regulation or
introduce
other Community legislation, Member States shall
checks and measures in so far as they are necessary to ensure
the proper application of Regulation (EC) No 479/2008 and
this Regulation. They shall be effective, proportionate and
dissuasive so that
they provide adequate protection for the
Communities’ financial interests.

In particular, Member States shall ensure that:

CHAPTER IV

Inventory and measurement of the area planted

(a) all eligibility criteria established by Community or national
legislation or the national framework can be checked;

Article 74

Inventory

communicated in the

The data
according to
Article 109 of Regulation (EC) No 479/2008 shall refer to 31
July of the previous wine year.

inventory

(b) the competent authorities

responsible for carrying out
checks have a sufficient number of suitably qualified and
experienced staff to carry out the checks effectively;

It shall contain the information specified in the Tables 14 to 16
of Annex XIII to this Regulation. Member States may decide
whether or not to include details related to regions in these
tables.

(c) provision is made for checks to avoid irregular duplicated
financing of measures under this Regulation and other
Community or national schemes;

(1) OJ L 141, 30.4.2004, p. 18.

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(d) the checks and measures are in line with the nature of the
support measure concerned. Member States shall define
methods and means for verification and specify who shall
be subject to checks;

advance notice limited to the strict minimum necessary may be
given. Such notice shall not exceed 48 hours, except in duly
justified cases or for those measures where systematic on the
spot checks are foreseen.

(e) controls are carried out either systematically or by sampling.
In the case of sampling, Member States shall ensure that by
their number, nature and frequency controls are representa-
tive of the whole of their territory and correspond, where
applicable, to the volume of wine-sector products marketed
or held with a view to their marketing;

2. Where applicable, the on-the-spot checks provided for in
this Regulation shall be carried out in conjunction with any
other checks provided for by Community legislation.

(f)

the operations
genuine and comply with the Community legislation.

admitted to community financing are

3.
The aid application or applications concerned shall be
rejected if beneficiaries or their representatives prevent an on-
the-spot check from being carried out.

Article 77

General principles

Verification shall be by administrative and where appro-

1.
priate on-the-spot checks.

2.
Administrative checks shall be systematic and shall include
cross-checks with, inter alia, data from the integrated adminis-
tration and control system provided for in Chapter 4 of Title II
of Council Regulation (EC) No 1782/2003.

3.
Except for the cases where systematic on the spot checks
are foreseen by Regulation (EC) No 479/2008 or by this Regu-
lation,
the competent authorities shall perform on-the-spot
checks by sampling an appropriate percentage of benefici-
aries/producers on the basis of a risk analysis in accordance
with Article 79 of this Regulation.

4.
Concerning the measures foreseen by Articles 16, 17, 18
and 19 of Regulation (EC) No 479/2008 the sample size shall
be at
least 5 % of aid applications. The sample must also
represent at least 5 % of the amounts covered by the aid.

5.
Concerning measures foreseen by Article 15 of Regulation
(EC) No 479/2008, Articles 26, 27 and 28 of Regulation (EC)
No 1975/2006 (1) shall apply mutatis mutandis.

6.
Article 26(3) and (4) of Regulation (EC) No 796/2004
shall apply to on-the-spot checks provided for in this Article.

In all appropriate cases, Member States shall make use of

7.
the integrated administration and control system (IACS).

Article 78

On-the-spot checks

On-the-spot checks

1.
shall be unannounced. However,
provided that the purpose of the check is not compromised,

(1) OJ L 368, 23.12.2006, p. 74. Regulation as last amended by Regu-

lation (EC) No 1396/2007 (OJ L 311, 29.11.2007, p. 3).

Article 79

Selection of the control sample

1.
Control samples for on-the-spot checks under this Regu-
lation shall be selected by the competent authority on the basis
of a risk analysis and — where controls specifically concern
community financing — of representativeness of the aid appli-
cations submitted. The effectiveness of risk analysis shall be
assessed and updated on an annual basis:

(a) by establishing the relevance of each risk factor;

(b) by comparing the results of the risk based and randomly
selected sample referred to in the second subparagraph;

(c) by taking into account the specific situation in the Member

State.

To provide the element of representativeness, the Member States
shall select randomly between 20 and 25 % of the minimum
number of beneficiaries/producers to be subjected to on-the-
spot checks.

2.
The competent authority shall keep records of the reasons
why specific beneficiaries/producers were selected for on-the-
spot checks. The inspector performing the on-the-spot check
shall be informed of those reasons before beginning the check.

Article 80

Control report

1.
Every on-the-spot check shall be the subject of a control
report which makes it possible to review the details of the
checks carried out.

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As far as controls concern community financing the report shall
indicate in particular:

(a)

the aid schemes and applications checked;

(b) the persons present;

(c) where applicable the agricultural areas checked, the agri-
cultural areas measured, the results of the measurements
per parcel measured and the measuring methods used;

(d) the verification whether the given area has been properly

tended in the case of grubbing-up scheme;

if

This control shall be carried out via a classical on-the-spot
the Member State disposes of a reliable
check. However,
updated computerised vineyard register,
the control can be
carried out administratively and the obligation of a control on
the spot before grubbing-up can be limited to 5 % of the appli-
cations (on annual basis) in order to confirm the reliability of
the administrative control system. Should on-the-spot checks
reveal significant irregularities or discrepancies in a region or
part of a region, the competent authority shall appropriately
increase the number of on-the-spot checks during the year
concerned and the following year.

Areas receiving grubbing-up premium shall be systema-
3.
tically verified before and after the execution of the grubbing
up. The plots verified shall be those which are the subject of an
application for aid.

(e)

the quantities which are covered by the check and their
results;

The control before the grubbing-up shall include verification of
the existence of
the area planted
the vineyard concerned,
determined in accordance with Article 75 and whether the
given area has been properly tended.

(f) whether advance notice was given to the beneficiary/-

producer of the visit and, if so, how much;

(g) any further control measures carried out.

2. Where discrepancies are found between the information in
the application and the actual situation found during the check
carried out on the spot or by remote sensing, the grower shall
receive a copy of the control report and shall have the oppor-
tunity to sign it before the competent authority draws its
conclusions from the findings with regard to any resulting
reductions or exclusions.

Article 81

Control related to the production potential

For the purpose of verification of compliance with the
1.
provisions on production potential
laid down in Title V of
Regulation (EC) No 479/2008, including the compliance with
the prohibition on new planting laid down in Article 90(1) of
that Regulation, Member States shall make use of the vineyard
register.

2. When granting replanting rights as foreseen in Article 92
of Regulation (EC) No 479/2008, areas shall be systematically
verified before and after the execution of the grubbing up. The
plots checked shall be those for which replanting right is to be
granted.

This control shall be carried out via a classical on-the-spot
check. However,
if the Member State disposes of a graphical
tool that allows measurement of the parcel in accordance with
Article 75 in the computerised vineyard register and of reliable
updated information about the parcel being properly tended,
the control can be carried out administratively and the obli-
gation of a control on the spot before the grubbing-up may
be limited to 5 % of the applications in order to confirm the
reliability of the administrative control system. Should on-the-
spot checks reveal significant irregularities or discrepancies in a
the competent authority shall
region or part of a region,
increase
checks appropriately
during the year concerned.

the number of on-the-spot

Verification that grubbing-up has actually taken place shall
4.
be done by a classical on-the-spot control or,
in the case of
grubbing up the entire vineyard parcel or if the resolution of the
remote sensing is equal or better than 1 m2, may be carried out
by remote sensing.

5.
In case of areas receiving grubbing-up premium, without
prejudice to paragraph 3, third subparagraph and paragraph 4,
at least one of the two controls mentioned in the first subpara-
graph of paragraph 3 shall be carried out via a classical on-the-
spot check.

Article 82

Control bodies

The control before the grubbing-up shall include verification of
the existence of the vineyard concerned.

1. Where a Member State designates
several competent
bodies to check compliance with the rules governing the wine
sector, it shall coordinate the work of those bodies.

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Each Member State shall designate a single liaison body
2.
responsible for contacts with the liaison bodies of other
Member States and with the Commission.
In particular, the
liaison body shall receive and forward requests for cooperation
with a view to implementing this Title, and shall represent its
Member State vis-à-vis other Member States or the Commission.

Article 83

Powers of control officials

Each Member State shall
take all appropriate measures to
facilitate the work of the officials of its competent bodies. It
shall ensure in particular that such officials, where appropriate
in conjunction with officials of other departments which it
authorises for the purpose:

(a) have access to vineyards, wine-making and storage instal-
lations, installations for processing wine-sector products and
vehicles for transporting those products;

(b) have access to the commercial premises (or warehouses) and
vehicles of anyone holding with a view to sale, marketing or
transporting wine-sector products or products which may
be intended for use in the wine sector;

(c) may undertake an inventory of wine-sector products and
the
substances or products which may be used for
preparation of such products;

(d) may take samples of wine-sector products, substances or
products which may be used for the preparation of such
products and products held with a view to sale, marketing
or transport;

(e) may study accounting data and other documents of use in
control procedures, and make copies or extracts thereof;

(f) may take appropriate protective measures regarding the
preparation, holding,
transport, description, presentation
and marketing of a wine-sector product or a product
if
intended for use in the preparation of such a product,
there is reason to believe that there has been a serious
infringement of Community provisions,
in particular in
the case of fraudulent treatment or risks to health.

CHAPTER II

Assistance between control bodies

Article 84

Assistance on request

1. Where a competent body of a Member State undertakes
control activities on its territory, it may appeal for information

from a competent body of any other Member State liable to be
affected directly or indirectly. Where such a request is made the
assistance shall be provided in a timely manner.

The Commission shall be notified whenever the product which
is the subject of the controls referred to in the first subpara-
graph originates in a third country, and if the marketing of this
product may be of specific interest to other Member States.

The body appealed to shall provide all such information as may
enable the applicant body to carry out its duties.

2. Where reasoned application is made by the applicant
body, the body appealed to shall perform special supervision
or checks with a view to achieving the aims pursued, or shall
take the necessary steps to ensure that such supervision or
checks are performed.

The body appealed to shall act as though on its own

3.
behalf.

In agreement with the body appealed to, the applicant

4.
body may designate officials:

(a) either to obtain, on the premises of the administrative auth-
orities coming under the Member State in which the body
appealed to is established, information relating to the appli-
cation of the rules in the wine sector or to control activities,
transport and other
including the making of copies of
documents or extracts from registers;

(b) or

to be present during operations

requested under
paragraph 2, after advising the body appealed to in good
time before the start of those operations.

The copies referred to in point (a) of the first subparagraph may
be made only with the agreement of the body appealed to.

The officials of

5.
charge of the control operations at all times.

the body appealed to shall remain in

6.

The officials of the applicant body shall:

(a) produce a written order indicating their identity and official

position;

(b) be accorded, without prejudice to the limits imposed by the
Member State of the body appealed to on its own officials
in carrying out the controls in question:

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(i) the rights of access provided for in points (a) and (b) of

Article 83;

Article 86

Common provisions

(ii) the right

to be informed of

the results of controls
carried out by the officials of the body appealed to
under points (c) and (e) of Article 83;

The

information referred to in Article 84(1)

1.
and
Article 85 shall be accompanied and supplemented as soon as
possible by relevant documents and other evidence and a
reference to any administrative measures or legal proceedings,
and shall specifically cover:

(c)

in the course of checks, conduct
themselves in a way
compatible with the rules and professional practices which
officials of the Member State are expected to follow, and
observe professional confidentiality.

(a)

the composition and organoleptic characteristics of
product in question;

the

7.
The requests referred to in this Article shall be forwarded
to the body appealed to in the Member State in question via the
liaison body of that Member State. The same procedure shall
apply to:

(a) replies to such requests;

(b) communications concerning the application of paragraphs 2

and 4.

(b) the description and presentation of the product;

(c) compliance or not with the rules laid down for producing

and marketing the product.

The liaison bodies involved in a case for which the
inform each other
initiated shall

is

2.
assistance procedure
without delay of:

Notwithstanding the first subparagraph and in the interests of
quicker and more effective cooperation between them, Member
States may permit a competent body to:

(a)

the progress of investigations;

(a) make its request or communication directly to a competent

body of another Member State;

(b) reply directly to requests or communications received from

a competent body of another Member State.

Article 85

Unsolicited assistance

A competent body of a Member State shall, via the liaison body
under which it comes, notify the liaison body of the Member
State concerned without delay, where it has grounds
for
suspicion or becomes aware that:

(a) a product referred to in Article 1(1) of Regulation (EC) No
479/2008 does not comply with the wine-sector rules or
has been the subject of
fraudulent action to obtain or
market such a product; and

(b) this failure to comply with the rules is of specific interest to
one or more other Member States and such as to lead to
administrative measures or legal action.

(b) any administrative or legal action taken subsequent to the

operations concerned.

Travel costs incurred when implementing Article 84(2)

3.
and (4) shall be borne by:

(a)

the Member State which has appointed an official for the
measures referred to in these paragraphs; or

(b) the Community budget at the request of the liaison body of
formally
the

that Member State
recognised in advance the Community interest of
control activity in question.

the Commission has

if

CHAPTER III

Analytical databank

Article 87

Purpose of the databank

An analytical databank for wine products

1.
managed by the Joint Research Centre (JRC).

shall be

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The databank shall contain data obtained from isotopic
2.
analysis of
the components of ethanol and water in wine
products according to the reference methods of analysis
referred to in Article 31 of Regulation (EC) No 479/2008.

(b) each of the samples is kept for at least three years from the

date the sample is taken;

3.
The databank is to help harmonise the interpretation of
the results obtained by the official laboratories of the Member
States in applying the reference methods of analysis referred to
in Article 31 of Regulation (EC) No 479/2008.

Article 88

Samples

1.
For the establishment of the analytical databank, Member
States shall ensure the taking of samples of fresh grapes for
analysis as well as their treatment and processing into wine
in accordance with the instructions in Annex XVI.

The samples of fresh grapes shall be taken from vineyards
2.
situated in a wine-growing area of clearly defined soil type,
situation, vine
and cultural
practices.

training system, variety,

age

3.
The number of samples to be taken each year for the
databank is set out in Annex XVII. The selection of samples
must take account of the geographical situation of vineyards in
the Member States listed in Annex XVII. Each year at least 25 %
of the samples shall be taken from the same plots as in the
previous year.

the general criteria for the operation of

4.
The samples shall be analysed by the methods referred to
in Article 31 of Regulation (EC) No 479/2008 by laboratories
designated by the Member States. The designated laboratories
testing
must meet
laboratories set out in ISO/IEC 17025, and in particular must
take part in a system of proficiency tests covering methods of
isotopic analysis. The evidence of compliance with these criteria
will be provided in writing to the JRC for the purpose of quality
control and validation of the data provided.

5.
An analysis report shall be drawn up in accordance with
Annex XIX. A description sheet shall be drawn up for each
sample in accordance with the questionnaire in Annex XVIII.

A copy of the report with the results and interpretation of
6.
the analyses along with a copy of the description sheet shall be
sent to the JRC.

(c)

the databank is used only for monitoring the application of
Community and national wine legislation or for statistical or
scientific purposes;

(d) measures are applied to safeguard the data,

in particular

against theft and interference;

(f)

files are made available, without undue delay or cost, to
those to whom they relate so that any inaccuracies can be
rectified.

Article 89

Isotopic analyses

For a period ending on 31 July 2010, pending the setting up of
the adequate analytical equipment, wine-producing Member
States that acceded to the Community in 2004 or 2007 not
equipped to carry out isotopic analysis shall send their wine
samples to the JRC for analysis.

In this case, they may designate a competent body authorised to
have access to the information on samples taken on their
territory.

Article 90

Communication of results

The information contained in the databank shall be made
to the laboratories designated by the

1.
available on request
Member States for that purpose.

The JRC shall draw up and update on a yearly basis the
2.
list of
the
preparation of samples and the measurements for the analytical
databank.

laboratories designated for

the Member States

3.
In duly substantiated cases, the information referred to in
paragraph 1, when representative, may be made available on
request to other official bodies in the Member States.

7. Member States and the JRC shall ensure that:

(a) data in the analytical databank are preserved;

Communication of information shall relate only to the
4.
relevant analytical data required to interpret an analysis
carried out on a sample of comparable characteristics and
origin. Any communication of
information shall be accom-
panied by a reminder of the minimum requirements for the
use of the databank.

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Article 91

Article 95

Compliance with procedures

Persons subject to controls

Member States shall ensure that the results of isotopic analyses
contained in their own databanks are obtained by analyzing
samples taken and treated in accordance with this Chapter.

Natural or legal persons and groups of such persons
1.
the
whose professional activities may be the subject of
controls referred to in this Regulation shall not obstruct such
controls and shall be required to facilitate them at all times.

CHAPTER IV

Collection of samples for control purposes

Article 92

Request for collection of samples

1.
In the context of the application of Chapter II, the officials
of a competent body of a Member State may request a
competent body of another Member State to collect samples
in accordance with the relevant provisions of
that Member
State.

Cultivators of vines from which grapes are taken by

2.
officials of a competent body:

(a) may not impede such collection in any way; and

(b) shall provide these officials with all the information required

under this Regulation.

2.
The applicant body shall hold the samples collected and
shall determine inter alia the laboratory where they are to be
analysed.

TITLE VI

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 96

Payments to beneficiaries

Samples shall be taken and treated in accordance with the

3.
instructions in Annex XX.

Payments under Title II, with the exception of Article 9, and
under Title V of Regulation (EC) No 479/2008 shall be made in
full to the beneficiaries.

Article 93

Costs of collection, dispatch and analysis of samples

1.
The costs incurred in taking, treating and dispatching a
sample and in carrying out analytical and organoleptic tests
shall be borne by the competent body of the Member State
which asked for the sample to be taken. Such costs shall be
calculated according to the rates applicable in the Member State
in the territory of which the operations are carried out.

The costs incurred in sending the samples referred to in

2.
Article 89 shall be borne by the Community.

CHAPTER V

General provisions

Article 94

Conclusive force

By way of derogation from the first paragraph, Member States
may decide to pay the support referred to in Article 14(1) of
Regulation (EC) No 479/2008 through insurance companies as
intermediaries provided that:

(a)

the conditions referred to in Article 14(4) of Regulation (EC)
No 479/2008 are respected;

(b) the amount of the aid is transferred in full to the producer;

(c)

the insurance company pays the aid to the producer either
in advance or through a bank or a postal transfer within
fifteen days after receiving the payment from the Member
State.

The use of such intermediaries for payments shall be such as
not to distort competitive conditions on the insurance market.

The findings of the officials of a competent body of a Member
State in the course of application of
this Chapter may be
invoked by the competent bodies of the other Member States.
In such cases, they shall have no less value because of the fact
that they do not come from the Member State in question.

Payments shall be subject to prior checks as provided by the
present Regulation, except for advance payments guaranteed by
a security.

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Article 97

Recovery of undue payments

Undue payments shall be recovered, with interest,
from the
beneficiaries concerned. The rules fixed in Article 73 of Regu-
lation (EC) No 796/2004 shall apply mutatis mutandis.

2. Where concerning a given table a Member State would
have to communicate only zero values, it may choose not to fill
in the table but simply communicate to the Commission that
the given table is not relevant to it. This simplified communi-
cation shall take place by the same deadline as the one fixed for
the table concerned.

Implementation of administrative sanctions and recovery of
unduly paid amounts are without prejudice to communication
of irregularities to the Commission pursuant to Commission
Regulation (EC) No 1848/2006 (1).

Article 98

National sanctions

Without prejudice to any sanctions set out in Regulation (EC)
in this Regulation, Member States shall
No 479/2008 or
in
provide for the application of sanctions at national
relation to irregularities committed in respect of requirements
set out in Regulation (EC) No 479/2008 and in this Regulation
which are effective, proportionate and dissuasive so that they
provide adequate protection for the Communities’
financial
interests.

level

Article 99

Artificially created situations

Without prejudice to any specific measures set out in Regu-
lation (EC) No 479/2008 or in this Regulation, no payment
shall be made in favour of beneficiaries for whom it is estab-
lished that they artificially created the conditions required for
obtaining such payments with a view to obtaining an advantage
contrary to the objectives of the measure concerned.

Article 100

Communications

1. Without prejudice to any specific provisions of this Regu-
lation, the communications to be made under this Regulation
shall be in the format set out in its Annexes, in the form of files
created in a spreadsheet application program. They shall be
transmitted to the Commission also in electronic form. Where
a Member State compiles data on a regional basis, it shall send
the Commission also a table summarising the data of
the
regions.

Communications not made by the specified means and in the
specified format may be considered as not made at all, without
prejudice to paragraph 4.

3. Without prejudice to any specific provisions of this Regu-
lation, Member States shall
take all measures necessary to
ensure that they are able to meet the deadlines for communi-
cations set out in this Regulation.

the communication appears incorrect

4.
If a Member State fails to make a communication as
required under Regulation (EC) No 479/2008 or this Regulation
or if
in the light of
objective facts in the Commission's possession, the Commission
may suspend part or all of the monthly payments referred to in
Article 14 of Regulation (EC) No 1290/2005 as regards the
wine sector until the communication is correctly made.

5. Member States shall retain the information recorded under
this Regulation for at least 10 wine years following the one
during which it was recorded.

6.
The communications requested in this Regulation shall
not prejudice the Member States’ obligations laid down in
surveys of
Council Regulation (EEC) 357/79 on statistical
areas under vines (2).

Article 101

Obvious errors

Any communication, claim or request made to a Member State
this Regulation,
under Regulation (EC) No 479/2008 or
including an aid application, may be adjusted at any time
after its submission in cases of obvious errors recognised by
the competent authority.

Article 102

Force majeure and exceptional circumstances

Where, under Regulation (EC) No 479/2008 or this Regulation,
a sanction is to be imposed it shall not be imposed in cases of
force majeure or exceptional circumstances within the meaning of
Article 40(4) of Regulation (EC) No 1782/2003.

Article 103

Repeal and references

Regulations (EC) No 1227/2000,

1.
(EC) No 2729/2000 and (EC) No 883/2001 are repealed.

(EC) No 1623/2000,

(1) OJ L 355, 15.12.2006, p. 56.

(2) OJ L 54, 5.3.1979, p. 124. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

30.6.2008

EN

Official Journal of the European Union

L 170/39

However,

(a)

the relevant rules set out in Regulations (EC) No 1227/2000
and (EC) No 1623/2000 shall continue to apply in so far as
measures eligible under Regulation (EC) No 1493/1999
have been commenced or undertaken before 1 August
2008;

(b) Table 10 of the Annex to Regulation (EC) No 1227/2000
shall continue to apply unless otherwise provided in an
implementing regulation on the labelling and presentation
of wines to be adopted on the basis of Article 63 of Regu-
lation (EC) No 479/2008;

References to the repealed Regulations in accordance with
2.
paragraph 1 shall be construed as references to this Regulation
and shall be read in accordance with the correlation table in
Annex XXII.

Article 104

Entry into force

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

its publication in the Official

Journal of

It shall apply from 1 August 2008.

(c) Annex I to Regulation (EC) No 1623/2000 shall remain in

force until 31 July 2012.

However, Article 2 and Chapter III of Title IV shall apply as
from 30 June 2008.

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

Done at Brussels, 27 June 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 170/40

EN

Official Journal of the European Union

30.6.2008

ANNEX I

WINE CMO

Submission of support programme

Period (2):

................................................ Date of submission:

..........................

Revision number:

...................................

Member State (1):

....................................

If modification requested by the Commission/modification requested by the Member State (3)

A. Description of the measures proposed as well as their quantified objectives

(a) Single Payment Scheme support in accordance with Article 9 (4)

Introduced in the support programme: yes/no:

(b) Promotion in accordance with Article 10

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(c) Restructuring and conversion of vineyard in accordance with Article 11

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed (5):

Quantified objectives:

(d) Green harvesting in accordance with Article 12

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(e) Mutual funds in accordance with Article 13

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

(f) Harvest insurance in accordance with Article 14

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(1) OPOCE acronym to be used.
(2) Wine years.
(3) Strikethrough the wrong element.
(4) All the Articles indicated in this Annex refer to Regulation (EC) No 479/2008.
(5) Including the outcome of the ongoing operations under Article 10 of this Regulation.

30.6.2008

EN

Official Journal of the European Union

L 170/41

(g)

Investments in enterprises in accordance with Article 15

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed:

Quantified objectives:

State aid:

(h) By-product distillation in accordance with Article 16

Introduced in the support programme: yes/no, if yes:

Description of the measures proposed (including level of the aid):

Quantified objectives:

(i) Potable alcohol distillation in accordance with Article 17

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

(j) Crisis distillation in accordance with Article 18

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

State aid:

(k) Use of concentrated grape must in accordance with Article 19

Introduced in the support programme: yes/no, if yes:

Length of transitional period (wine years):

Description of the measures proposed (including level of the aid):

Quantified objectives:

B. Results of consultations held: .................................................................................................................................................................

C. Appraisal showing the expected technical, economic, environmental and social impact (1):

...................................

D. Schedule for implementing the measures:

........................................................................................................................................

E. General financing table given in the format of Annex II (revision number to be specified):

................................

F. Criteria and quantitative indicators to be used for monitoring and evaluation:

...........................................................

Steps taken to ensure that the programmes are implemented appropriately and effectively:

................................

G. Designation of competent authorities and bodies responsible for implementing the programme:

......................

(1) Member States referred to in Article 5(4) of Regulation (EC) No 479/2008 shall not have an obligation to fill point C and F.

L 170/42

EN

Official Journal of the European Union

30.6.2008

ANNEX II

First submission of the financial table of the national support programmes according to Article 6(e) of
Regulation (EC) No 479/2008

(in EUR 1 000)

Member State (1):

Date of communication, due by 30 June 2008 at the latest:

Measures

(1)

Regulation (EC)
No 479/2008

2009

2010

2011

2012

2013

Total

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Financial year

1-Single Payment Scheme

Article 9

2-Promotion on third-country markets

Article 10

3a-Restructuring and conversion of
vineyards

Article 11

3b-Ongoing plans

4-Green harvesting

5-Mutual funds

6-Harvest insurance

7-Investments in enterprise

8-By-products distillation

9-Potable alcohol distillation — area
support

10-Crisis distillation

11-Use of concentrated grape must for
enrichment

Total

Regulation (EC)
No 1493/1999

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18(1)

Article 19

For measures which are not introduced in the national support programme ‘0’ must be indicated

If relevant:

10a-Crisis distillation State aid

Article 18(5)

(1) OPOCE acronyms to be used.

30.6.2008

EN

Official Journal of the European Union

L 170/43

ANNEX III

Facultative first submission of the financial table of the national support programmes according to Article 6(e) of
Regulation (EC) No 479/2008 — detailed at regional level

(in EUR 1 000)

Member State (1):

Region:

Date of communication, due by 30 June 2008 at the latest:

Measures

(1)

Regulation (EC)
No 479/2008

2009

2010

2011

2012

2013

Total

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Financial year

1-Single Payment Scheme

Article 9

2-Promotion on third-country markets

Article 10

3a-Restructuring and conversion of
vineyards

Article 11

3b-Ongoing plans

4-Green harvesting

5-Mutual funds

6-Harvest insurance

7-Investments in enterprise

8-By-products distillation

9-Potable alcohol distillation — area
support

10-Crisis distillation

11-Use of concentrated grape must for
enrichment

Total

Regulation (EC)
No 1493/1999

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

For measures which are not introduced in the national support programme ‘0’ in the amounts cells of the table must be
indicated.

If relevant:

10a-Crisis distillation State aid

Article 18(5)

(1) OPOCE acronyms to be used.

L 170/44

EN

Official Journal of the European Union

30.6.2008

ANNEX IV

Amendments to financial table of the national support programmes according to Article 6(e) of Regulation
(EC) No 479/2008

Member State (1):

Date of communication (2):

(in EUR 1 000)

Date of previous communication:

Number of this amended table:
Reason: modification requested by the Commission/modification requested by the Member State (3)

Measures

(1)

Regulation (EC)
No 479/2008

2009

2010

2011

2012

2013

Total

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Financial year

1-Single Payment Scheme

Article 9

2-Promotion on third-country markets

Article 10

3a-Restructuring and conversion of
vineyards

Article 11

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

3b-Ongoing plans

Regulation(EC)
No 1493/1999

Previous
submission

4-Green harvesting

Article 12

5-Mutual funds

Article 13

6-Harvest insurance

Article 14

7-Investments in enterprise

Article 15

8-By-products distillation

Article 16

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

30.6.2008

EN

Official Journal of the European Union

L 170/45

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

9-Potable alcohol distillation – area
support

Article 17

10-Crisis distillation

Article 18

11-Use of concentrated grape must for
enrichment

Article 19

Total

Communication deadline:

If relevant:

10a-Crisis distillation State aid

Article 18(5)

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

Previous
submission

Amended
amount

(1) OPOCE acronyms to be used.
(2) Communication deadline: 1 March and 30 June.
(3) Strikethrough the wrong element.

L 170/46

EN

Official Journal of the European Union

30.6.2008

ANNEX V

WINE CMO

Reporting on Support programme

Period (2):

................................................ Date of submission:

..........................

Revision number:

...................................

Member State (1):

....................................

A. Global assessment:

B. Conditions and results of the implementation of measures proposed (3)

(a) Single Payment Scheme support in accordance with Article 9 (4)

(b) Promotion in accordance with Article 10

Conditions of the implementation:

Results (5):

State aid:

(c) Restructuring and conversion of vineyard in accordance with Article 11

Conditions of the implementation:

Results:

(d) Green harvesting in accordance with Article 12

Conditions of the implementation:

Results:

(e) Mutual funds in accordance with Article 13

Conditions of the implementation:

Results:

(f) Harvest insurance in accordance with Article 14

Conditions of the implementation:

Results:

State aid:

(g)

Investments in enterprises in accordance with Article 15

Conditions of the implementation:

Results:

State aid:

(1) OPOCE acronym to be used.
(2) Wine years.
(3) Only paragraphs concerning the measures which were introduced in the support programme must be filled in.
(4) All the Articles indicated in this Annex refer to Regulation (EC) No 479/2008.
(5) Appraisal of the technical, economic, environmental and social

impact based on criteria and quantitative indicators defined for

monitoring and evaluation in the programme submitted.

30.6.2008

EN

Official Journal of the European Union

L 170/47

(h) By-product distillation in accordance with Article 16

Conditions of the implementation (including level of the aid):

Results:

(i) Potable alcohol distillation in accordance with Article 17

Conditions of the implementation (including level of the aid):

Results:

(j) Crisis distillation in accordance with Article 18

Conditions of the implementation (including level of the aid):

Results:

State aid:

(k) Use of concentrated grape must in accordance with Article 19

Conditions of the implementation (including level of the aid):

Results:

C. Conclusions (and, if needed, envisaged modifications)

L 170/48

EN

Official Journal of the European Union

30.6.2008

ANNEX VI

Financial table of the execution of the national support programmes according to Article 21 of Regulation
(EC) No 479/2008

(in EUR 1 000)

Member State (1):

Date of communication (2):

Amended table: Yes/No (3)

If yes number:

Financial year

Measures

Regulation (EC)
No 479/2008

2009

2010

2011

2012

2013

Total

Forecast/
Execution (3)

Forecast/
Execution (3)

Forecast/
Execution (3)

Forecast/
Execution (3)

Forecast/
Execution (3)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

1-Single Payment Scheme

Article 9

2-Promotion on third-
country markets

3a-Restructuring and
conversion of vineyards

3b-Ongoing plans

4-Green harvesting

5-Mutual funds

6-Harvest insurance

Article 10

Article 11

Regulation (EC)
No 1493/1999

Article 12

Article 13

Article 14

7-Investments in enterprise

Article 15

8-By-products distillation

Article 16

9-Potable alcohol distillation
— area support

Article 17

10-Crisis distillation

11-Use of concentrated
grape must for enrichment

Article 18

Article 19

Total

If relevant:

10a-Crisis distillation

Article 18(5)

(1) OPOCE acronyms to be used.
(2) Communication deadline: before 1 March and the first time before 1 March 2010.
(3) Strikethrough the wrong element.

30.6.2008

EN

Official Journal of the European Union

L 170/49

ANNEX VII

Technical data concerning the national support programmes according to Article 6(c) of Regulation
(EC) No 479/2008

(financial amount in EUR 1 000)

Member State (1):

Date of communication (2):

Date of previous communication:

Number of this amended table:

Measures

Regulation (EC)
No 479/2008

Financial year

2009

2010

2011

2012

2013

Total

n
o
i
t
u
c
e
x
E

t
s
a
c
e
r
o
F

n
o
i
t
u
c
e
x
E

t
s
a
c
e
r
o
F

n
o
i
t
u
c
e
x
E

t
s
a
c
e
r
o
F

n
o
i
t
u
c
e
x
E

t
s
a
c
e
r
o
F

n
o
i
t
u
c
e
x
E

t
s
a
c
e
r
o
F

Execution

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

1-Single Payment
Scheme

Article 9

Area covered
(ha)

2-Promotion on third-
country markets

Article 10

Average
amount
(EUR/ha) (3)

Number of
projects

Average
Community
support (4)

3a-Restructuring and
conversion of vineyards

Article 11

Area covered
(ha)

Average
amount
(EUR/ha) (3)

3b-Ongoing plans

Regulation (EC)
No 1493/1999

Area covered
(ha)

4-Green harvesting

Article 12

5-Mutual funds

Article 13

Amended
amount
(EUR/ha) (3)

Area covered
(ha)

Average
amount
(EUR/ha) (3)

Number of
new Funds

Average
Community
support (5)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

L 170/50

EN

Official Journal of the European Union

30.6.2008

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

6-Harvest insurance

Article 14

7-Investments in
enterprise

Article 15

Number of
producers

Average
Community
support (6)

Number of
beneficiaries

Average
Community
support (7)

(Cumulative)

(Cumulative)

7.1 Investments in
enterprise in
convergence regions

7.2 Investments in
enterprise in other than
convergence regions

7.3 Investments in
enterprise in outermost
regions

7.4 Investments in
enterprise in small
Aegean Islands regions

7.5 Investments in
enterprise in
convergence regions

7.6 Investments in
enterprise in other than
convergence regions

7.7 Investments in
enterprise in outermost
regions

7.8 Investments in
enterprise in small
Aegean Islands regions

Article 15(4)(a)

Eligible costs

(Cumulative)

Article 15(4)(b)

Eligible costs

(Cumulative)

Article 15(4)(c)

Eligible costs

(Cumulative)

Article 15(4)(d)

Eligible costs

(Cumulative)

Article 15(4)(a)

Community
contribution

Article 15(4)(b)

Community
contribution

Article 15(4)(c)

Community
contribution

Article 15(4)(d)

Community
contribution

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

8-By-products distil-
lation

Article 16

Range of max
aid
(EUR/%vol/
hl) (8)

Mio hl

Average
Community
support (9)

9-Potable alcohol distil-
lation — area support

Article 17

Range of aid
(EUR/ha) (8)

Area (ha)

Average
support (3)

30.6.2008

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Official Journal of the European Union

L 170/51

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

10-Crisis distillation

Article 18

11-Use of concentrated
grape must for
enrichment

Article 19

Range of aid
(EUR/%vol/
hl) (8)

Minimum
producer price
(EUR/%vol/
hl) (8)

Mio hl

Average
Community
support (9)

Range of aid
(EUR/%vol/
hl) (8)

Mio hl

Average
Community
support (9)

(1) OPOCE acronyms to be used.
(2) Communication deadline: for forecasts 30 June 2008 for the first time and then every 1 March and 30 June; for execution every

1 March (2010 for the first time).

(3) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the area concerned in this

Annex.

(4) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the number of projects

concerned in this Annex.

(5) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the number of funds

concerned in this Annex.

(6) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the number of producers

concerned in this Annex.

(7) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the number of enterprises

concerned in this Annex.

(8) Details to be given in Annexes I and V.
(9) Calculated by dividing the amount(s) declared in Annex II (for forecasts) and Annex VI (for execution) by the number of hectolitres

concerned in this Annex.

L 170/52

EN

Official Journal of the European Union

30.6.2008

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EN

Official Journal of the European Union

L 170/53

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EN

Official Journal of the European Union

30.6.2008

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30.6.2008

EN

Official Journal of the European Union

L 170/55

ANNEX IX

V I 1 document as provided for in Article 43(1)

L 170/56

EN

Official Journal of the European Union

30.6.2008

30.6.2008

EN

Official Journal of the European Union

L 170/57

ANNEX X

V I 2 document as provided for in Article 44(1)

L 170/58

EN

Official Journal of the European Union

30.6.2008

30.6.2008

EN

Official Journal of the European Union

L 170/59

ANNEX XI

Technical rules on V I 1 and V 1 2 forms provided for in Articles 43 and 44

A. Printing of forms

1. The size of the forms is to be approximately 210 by 297 mm.

2. The forms are to be printed in one of the official Community languages; in the case of V I 2 forms, the language of
the form is to be designated by the competent authorities of the Member State where the form is to be stamped.

B. Completing the forms

The forms are to be completed in the language in which they are printed.

Each form is to bear a serial number allocated:

— in the case of V I 1 forms, by the official agency signing the ‘certificate’ part,

— in the case of V I 2 forms, by the customs office stamping them.

1. Exporter:

— Full name and address in the third country concerned.

2. Consignee:

— Full name and address in the Community.

4. Means of transport and transport details:

— Only refer to transport used for delivery to EC port of entry:

— Specify mode of transport (ship, air, etc); state name of ship, etc.

6. (5 for V I 2) Description of the imported product:

— Sale designation (e.g. as appears on label, such as name of producer and viticultural area; brandname; etc.),

— Name of the country of origin (e.g. ‘Chile’),

— Name of the geographical indication, provided the wine qualifies for such a geographical indication,

— Actual alcohol strength by volume,

— Colour of the product (state ‘red’, ‘rosé’, ‘pink’ or ‘white’ only),

— Combined Nomenclature code.

ANNEX XII

List of countries as referred to in Article 43(2) and Article 45

— Australia.

L 170/60

EN

Official Journal of the European Union

30.6.2008

ANNEX XIII

Table 1

Penalties imposed by the Member States according to Articles 85(3), 86(4) and 87(2) of Regulation
(EC) No 479/2008

Member State:

Wine year or period:

Date of communication:

Penalty imposed in the given wine year (*)

under national legislation
(as referred to in
Article 85(3) of Regulation
(EC) No 479/2008)

introduced according to
Article 85(3) of Regulation
(EC) No 479/2008 (penalty
to be imposed as from
31.12.2008)

according to Article 86(4)
of Regulation (EC) No
479/2008 (penalty to be
imposed as from
1.1.2010)

according to Article 87(2)
of Regulation (EC)
No 479/2008

Region

EUR

area
concerned
(ha)

EUR

area
concerned
(ha)

EUR

area
concerned
(ha)

EUR

area
concerned
(ha)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1

2

…

Total of Member
State

(*) For the first communication, due by 1 March 2009, the data refers to the period between 1.8.2008 and 31.12.2008; for all the

subsequent communications, to the wine year preceding the communication.

Communication deadline: 1 March.

Communication referred to in Article 58(1) of this Regulation.

Initial communication about areas planted without corresponding planting right after 31 August 1998

Table 2

Member State:

Date of communication:

Region

(1)

Area planted without corresponding planting right after 31.8.1998

detected between 1.9.1998 and 31.7.2008
(ha)

grubbed up between 1.9.1998 and
31.7.2008 (ha)

(2)

(3)

1

2

3

…

Total of Member State

Communication deadline: 1 March 2009.

Communication referred to in Article 85(4) of Regulation (EC) No 479/2008 and in Article 58(2) of this Regulation.

30.6.2008

EN

Official Journal of the European Union

L 170/61

Yearly communication about areas planted without corresponding planting right after 31 August 1998

Table 3

Member State:

Wine year or period:

Date of communication:

Area planted without corresponding planting right after 31.8.1998

Region

detected in the given
wine year (*) (ha)

grubbed up in the
given wine year (*)
(ha)

area subject to
distillation (ha)

volume of wine
distilled in the given
wine year (*) (hl)

area subject to green
harvesting (ha)

(1)

(2)

(3)

(4)

(5)

(6)

1

2

3

…

Total of Member
State

(*) For the first communication, due by 1 March 2009, the data refers to the period between 1.8.2008 and 31.12.2008; for all the

subsequent communications, to the wine year preceding the communication.

Communication deadline: 1 March.

Communication referred to in Article 85(4) and Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of
this Regulation.

Initial communication about areas planted without corresponding planting right before 1 September 1998

Table 4

Member State:

Wine year: 2007/2008

Date of communication:

Area planted without corresponding planting right before 1.9.1998

Region

regularisation requested between
1.8.2007 and 31.7.2008 (ha)

regularised between 1.8.2007
and 31.7.2008 under
Article 2(3) of Regulation (EC)
No 1493/1999 (ha)

regularisation under
Article 2(3) of Regulation
(EC) No 1493/1999 refused by
the MS between 1.8.2007 and
31.7.2008 (ha)

(1)

(2)

(3)

(4)

1

2

3

…

Total of Member State

Communication deadline: 1 March 2009.

Communication referred to in Article 86(5) of Regulation (EC) No 479/2008 and in Article 58(2) of this Regulation.

L 170/62

EN

Official Journal of the European Union

30.6.2008

Communication about new regularisation according to Article 86(1) of Regulation (EC) No 479/2008 of areas
planted without corresponding planting right before 1 September 1998

Table 5

Member State:

Period: 1.8.2008 to 31.12.2008

Date of communication:

Area planted without corresponding planting right before 1.9.1998

Region

regularised
between 1.8.2008
and 31.12.2008
(ha)

fees paid between
1.8.2008 and
31.12.2008 (EUR)

average value of
planting right
used for
calculating the fee
(EUR/ha)

area subject to
distillation (ha)

volume of wine
distilled between
1.8.2008 and
31.12.2008 (hl)

area subject to
green harvesting
(ha)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1

2

3

…

Total of
Member State

Communication deadline: 1 March 2009.

Communication referred to in Article 86(5) and Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of
this Regulation.

Communication about new regularisation according to Article 86(1) of Regulation (EC) No 479/2008 of areas
planted without corresponding planting right before 1 September 1998

Table 6

Member State:

Period: 1.1.2009 to 31.12.2009

Date of communication:

Area planted without corresponding planting right before 1.9.1998

Region

regularised
between 1.1.2009
and 31.12.2009
(ha)

fees paid between
1.1.2009 and
31.12.2009 (EUR)

average value of
planting right
used for
calculating the fee
(EUR/ha)

area subject to
distillation (ha)

volume of wine
distilled between
1.1.2009 and
31.12.2009 (hl)

area subject to
green harvesting
(ha)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

1

2

3

…

Total of
Member State

Communication deadline: 1 March 2010.

Communication referred to in Article 86(5) and Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of
this Regulation.

30.6.2008

EN

Official Journal of the European Union

L 170/63

Yearly communication about areas planted without corresponding planting right before 1 September 1998

Table 7

Member State:

Wine year or period:

Date of communication:

Area planted without corresponding planting right before 1.9.1998

Region

not regularised until
31.12.2009 (ha)

grubbed up in the
given wine year (*)
(Regulation (EC) No
479/2008 Art. 86(4))
(ha)

area subject to
distillation (ha)

volume of wine
distilled in the given
wine year (*) (hl)

area subject to green
harvesting (ha)

(1)

(2)

(3)

(4)

(5)

(6)

1

2

3

…

Total of Member
State

(*) For the first communication, due by 1 March 2011, the data refers to the period between 1.1.2010 and 31.7.2010; for all the

subsequent communications, to the wine year preceding the communication.

Communication deadline: 1 March, as from 2011.

Communication referred to in Article 86(5) and in Article 87(3) of Regulation (EC) No 479/2008 and in Article 58(2) of
this Regulation.

Table 8

Area of new planting rights granted

Member State:

Wine year:

Date of communication:

Region

compulsory
purchase

land
consolidation

experiments

graft nurseries

family
consumption

(1)

(2)

(3)

(4)

(5)

(6)

Total

(7)

Area (ha)

1

2

3

…

Total of
Member State

Communication deadline: 1 March, as from 2009.

Communication referred to in Article 61 of this Regulation.

L 170/64

EN

Official Journal of the European Union

30.6.2008

Table 9

Movement of planting rights to and from the reserves

Member State:

Wine year:

Date of communication:

Region

(1)

Planting rights allocated to the reserve

Planting right granted from the reserve

area concerned (ha)

amount paid for the
planting rights (EUR)

area concerned (ha)

amount paid for the
planting rights (EUR)

(2)

(3)

(4)

(5)

1

2

3

…

Total of Member State

Communication deadline: 1 March, as from 2009.

Communication referred to in Article 65(5) of this Regulation.

30.6.2008

EN

Official Journal of the European Union

L 170/65

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EN

Official Journal of the European Union

30.6.2008

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30.6.2008

EN

Official Journal of the European Union

L 170/67

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L 170/68

EN

Official Journal of the European Union

30.6.2008

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30.6.2008

EN

Official Journal of the European Union

L 170/69

Table 14

Inventory of wine-growing areas

Member State:

Wine year:

Date of communication:

Area actually planted (ha)

Region

wine with protected
denomination of
origin (*)

wine with protected
geographical
indication (*)

subtotal for wines
with PDO/PGI (*)

wines without
denomination of
origin/geographical
indication (*)

Total

(1)

(2)

(3)

(4)

(5)

(6)

1

2

3

…

Total of Member State

indications/subtotal

(*) For the first communication, due by 1 March 2009, the headings of these columns should read as follows: quality wines psr/table wines
with geographical
indications/table wines (without
geographical indications). Member States which cannot differentiate between the area under vines for the production of table wines
with geographical indication and table wines without geographical indications at this time may send a single figure for all the table
wines for the 2007/2008 wine year in their first communication and send an updated table by 31 December 2009 at the latest with
the division between these two table wine categories.

for quality wines psr and table wines with geographical

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

L 170/70

EN

Official Journal of the European Union

30.6.2008

Table 15

Inventory of planting rights

Member State:

Wine year:

Date of communication:

Area (ha)

wine with protected
denomination of
origin (*)

wine with protected
geographical
indication (*)

subtotal for wines
with PDO/PGI (*)

wines without
denomination of
origin/geographical
indication (*)

Total

(1)

(2)

(3)

(4)

(5)

(6)

Area actually planted with
vines

Planting rights allocated to
producers but not yet used

Replanting rights held by
the producers

Existing planting rights in
the reserve

Total of production
potential

indications/subtotal

(*) For the first communication, due by 1 March 2009, the headings of these columns should read as follows: quality wines psr/table wines
indications/table wines (without
with geographical
geographical indications). Member States which cannot differentiate between the area under vines for the production of table wines
with geographical indication and table wines without geographical indications at this time may send a single figure for all the table
wines for the 2007/2008 wine year in their first communication and send an updated table by 31 December 2009 at the latest with
the division between these two table wine categories.

for quality wines psr and table wines with geographical

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

Table 16

Inventory of main wine grape varieties

Member State:

Wine year:

Date of communication:

Variety

(1)

1

2

3

…

other

Total

Area actually planted (ha)

Proportion (%)

(2)

(3)

Communication deadline: 1 March, as from 2009.

Communication according to Article 109 of Regulation (EC) No 479/2008 and Article 74 of this Regulation.

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ANNEX XIV

Areas that are declared ineligible for the grubbing-up scheme in accordance with Article 104(4) to (6) of
Regulation (EC) No 479/2008

Member State:

Wine year:

Date of communication:

name of the ineligible region

indicative size of the region
concerned (ha)

(1)

(2)

(3)

justification

(4)

Mountain areas

Steep slope areas

Area with environmental
concerns

Aegean islands and the
Greek Ionian islands

1

2

…

1

2

…

1

2

…

1

2

…

Communication deadline: 1 August each year (in 2008, 2009 and 2010).

Communication referred to in Article 104(8) of Regulation (EC) No 479/2008 and Article 68(2) of this Regulation.

L 170/72

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30.6.2008

ANNEX XV

Level of the premium provided for in Article 98 of Regulation (EC) No 479/2008

Historical yield per hectare (hl)

Premium (EUR/ha)

requests approved in 2008/2009 requests approved in 2009/2010 requests approved in 2010/2011

(1)

≤20

>20 and ≤30

>30 and ≤40

>40 and ≤50

>50 and ≤90

>90 and ≤130

>130 and ≤160

>160

(2)

1 740

4 080

5 040

5 520

7 560

10 320

13 320

14 760

(3)

1 595

3 740

4 620

5 060

6 930

9 460

12 210

13 530

(4)

1 450

3 400

4 200

4 600

6 300

8 600

11 100

12 300

ANNEX XVI

Instructions for taking samples of fresh grapes and processing them into wine for analysis by the isotopic
methods referred to in Article 88(1)

I. SAMPLING OF GRAPES

A. Each sample must consist of at least 10 kg of ripe grapes of the same variety. They are to be taken in the condition in
which they are found. Sampling must be carried out during the period when the plot in question is harvested. The grapes
collected must be representative of the whole plot. The fresh grape samples, or the derived pressed must, may be
preserved by freezing until further usage. Only in the case that oxygen-18 measurement of the water of the must is
foreseen, an aliquot of must may be taken separately and preserved after pressing the whole grape sample.

B. When the samples are taken, a description sheet is to be drawn up. This sheet must include a first part concerning the
sampling of the grapes and a second part concerning vinification. It must be kept with the sample and must accompany it
during all transportation. It must be kept up to date by means of an entry regarding each type of treatment undergone by
the sample. The description sheet concerning the sampling is to be drawn up in accordance with Part I of the ques-
tionnaire in Annex XVIII.

II. VINIFICATION

A. Vinification must be carried out by the competent body or by a department authorised to do so by that body,
wherever possible under conditions comparable with the normal conditions in the production area of which the sample is
representative. Vinification should result in the total transformation of the sugar into alcohol, i.e. in less than 2 g/l of
residual sugar. However, in certain cases, e.g. for ensuring a better representativity, higher amounts of residual sugars can
be accepted. As soon as the wine has clarified and stabilised by means of SO2, it must be put in 75 cl bottles and labelled.

B. The description sheet for vinification is to be drawn up in accordance with Part II of the questionnaire in Annex XVIII.

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L 170/73

ANNEX XVII

Number of samples to be taken by Member States each year for the analytical databank as referred in
Article 88(3)

— 30 samples in Bulgaria,

— 20 samples in the Czech Republic,

— 200 samples in Germany,

— 50 samples in Greece,

— 200 samples in Spain,

— 400 samples in France,

— 400 samples in Italy,

— 10 samples in Cyprus,

— 4 samples in Luxembourg,

— 50 samples in Hungary,

— 4 samples in Malta,

— 50 samples in Austria,

— 50 samples in Portugal,

— 70 samples in Romania,

— 20 samples in Slovenia,

— 15 samples in Slovakia,

— 4 samples in the United Kingdom.

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Official Journal of the European Union

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ANNEX XVIII

Questionnaire on the collection and vinification of samples of grapes intended for analysis by isotopic methods
as referred in Article 88(5)

The analytical methods and the expression of results (units) to be used are those of Article 31 of Regulation (EC)
No 479/2008 (or proved equivalent by the laboratories involved in the analysis).

1.

General information

1.1. Sample number:

PART I

1.2. Name and function of the official or authorised person who took the sample:

1.3. Name and address of the competent body responsible for taking the sample:

1.4. Name and address of the competent body responsible for vinification and dispatch of the sample, if other than the

body referred to at 1.3:

2.

General description of the samples

2.1. Origin (country, region):

2.2. Year of harvest:

2.3. Vine variety:

2.4. Colour of the grapes:

3.

Description of the vineyard

3.1. Name and address of person farming the plot:

3.2. Location of the plot

— wine village:

— locality:

— cadastral reference:

— latitude and longitude:

3.3. Soil type (e.g. limey, clayey, lime-clay, sandy):

3.4. Situation (e.g. slope, plain, exposed to sun):

3.5. Number of vines per hectare:

3.6. Approximate age of vineyard (less than 10 years/between 10 and 25 years/more than 25 years):

3.7. Altitude:

3.8. Method of training and pruning:

3.9. Type of wine into which the grapes are normally made (see definitions of Regulation (EC) No 479/2008, Annex IV):

4.

Crop and must characteristics

4.1. Estimated yield per hectare for the plot harvested: (kg/ha):

4.2. State of health of the grapes (e.g. sound, rotten), specifying whether the grapes were dry or wet when the sample

was taken:

4.3. Date on which sample was taken:

5. Weather conditions preceding harvest

5.1. Precipitation in the ten days preceding harvest: yes/no. If yes, additional information where available:

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6.

Irrigated vineyards:

If the crop is irrigated, date of last watering:

(Stamp of the competent body responsible for taking the sample, and name, position and signature of official taking the
sample)

PART II

1.

Microvinification

1.1. Weight of the sample of grapes, in kg:

1.2. Method of pressing:

1.3. Volume of must obtained:

1.4. Characteristics of the must:

— sugar concentration expressed in g/l by refractometry:

— total acidity expressed in g/l of tartaric acid: (optional):

1.5. Method of treating the must (e.g. settling, centrifugation):

1.6. Yeasting (variety of yeast used). Indicate whether or not there was spontaneous fermentation:

1.7. Temperature during fermentation:

1.8. Method for determining end of fermentation:

1.9. Method of treating the wine (e.g. racking.):

1.10. Addition of sulphur dioxide in mg/l:

1.11. Analysis of the wine obtained

— actual alcoholic strength in % vol:

— total dry extract:

— reducing sugars expressed as g/l of invert sugar:

2.

Chronological table of vinification of the sample

Date:

— on which sample was taken: (same date as date of harvest, part I — 4.3)

— of pressing:

— of commencement of fermentation:

— of end of fermentation:

— of bottling:

Date on which Part II was completed:

(Stamp of the competent body which carried out vinification and signature of competent official of that body)

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Official Journal of the European Union

30.6.2008

ANNEX XIX

ANALYSIS REPORT

Wine and wine product samples analysed by an isotopic method referred to in Article 31 of Regulation (EC)
No 479/2008, to be entered in the JRC isotope databank

I. GENERAL INFORMATION

1. Country:

2. Sample number:

3. Year:

4. Vine variety:

5. Type of wine:

6. Region/district:

7. Name, address, telephone, fax and e-mail of laboratory responsible for the results:

8. Sample for control analysis by the JRC: yes/no

II. METHODS AND RESULTS

1. Wine (carried over from Annex XVIII)

1.1. Alcoholic strength by volume: % vol

1.2. Total dry extract: g/l

1.3. Reducing sugars: g/l

1.4. Total acidity expressed as tartaric acid: g/l

1.5. Total sulphur dioxide: mg/l

2. Distillation of wine for SNIF-NMR

2.1. Description of distillation apparatus:

2.2. Volume of wine distilled/weight of distillate obtained:

3. Analysis of distillate

3.1. Alcohol strength of the distillate % (m/m):

4.

Result of deuterium isotope ratios of ethanol measured by NMR

4.1. (D/H)I = ppm

4.2. (D/H)II = ppm

4.3.

‘R’ =

5. NMR parameters

Observed frequency:

6.

7.

8.

Result of isotopic ratio 18O/16O of wine
δ 18O [‰] = ‰ V. SMOW — SLAP

Result of isotopic ratio 18O/16O of must (when applicable)
δ 18O [‰] = ‰ V. SMOW — SLAP

Result of isotopic ratio 13C/12C of wine ethanol
δ 13C [‰] = ‰ V-PDB.

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ANNEX XX

Collection of samples in the context of assistance between control bodies as referred in Article 92

1. When samples of wine, grape must or another liquid wine product are taken in the context of assistance between

control bodies, the competent body shall ensure that:

— in the case of products in containers of not more than 60 litres warehoused in one lot, the samples are

representative of the entire lot,

— in the case of products in containers with a nominal capacity of more than 60 litres, the samples are representative

of the contents of the container from which the samples are taken.

2. Samples shall be taken by pouring the product in question into at least five clean containers each having a nominal
capacity of not less than 75 cl. In the case of products as referred to in the first indent of paragraph 1, sampling may
also take the form of removing at least five containers having a nominal capacity of not less than 75 cl from the lot to
be examined.

Where samples of wine distillate are to be analysed by nuclear magnetic resonance of deuterium, the samples shall be
placed in containers having a nominal capacity of 25 cl, or even 5 cl where they are to be sent from one official
laboratory to another.

The samples shall be taken, closed where appropriate, and sealed in the presence of a representative of the estab-
lishment where the sample is taken or of a representative of the carrier if the sample is taken during transport. If no
representative is present, the report referred to in paragraph 4 shall mention this fact.

Each sample shall be fitted with an inert and non-reusable closure.

3. Each sample shall bear a label which complies with part A of Annex XXI.

Where the container is too small for the prescribed label to be attached thereto, the container shall be marked with an
indelible number and the required information shall be indicated on a separate sheet.

The representative of the establishment where the sample is taken or the representative of the carrier shall be requested
to sign the label or, as applicable, the sheet.

4. The official of the competent body authorised to take samples shall draw up a written report in which he shall note
any observations he considers important for assessing the samples. In the report he shall note, where necessary, any
statements by the carrier's representative or the representative of the establishment where the sample was taken, and
shall request such representative to affix his signature. He shall note the amount of the product from which the sample
was taken. If the signatures referred to above and in the third subparagraph of paragraph 3 have been refused, the
report shall mention this fact.

5. Wherever samples are taken, one of the samples shall remain as a control sample in the establishment where the
sample was taken, and another with the competent body whose official took the sample. Three of the samples shall be
sent to an official laboratory, which will carry out the analytical or organoleptic examination. There one of the samples
shall be analysed. Another shall be kept as a control sample. Control samples shall be kept for a minimum period of
three years after sampling.

6. Consignments of samples shall bear on the external packaging a red label complying with the model in part B of

Annex XXI. The label shall be 50 mm by 25 mm.

When dispatching samples, the competent body of the Member State from which the samples are sent shall affix its
stamp partially on the outer packaging of the parcel and partially on the red label.

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ANNEX XXI

A. Label describing the sample, in accordance with paragraph 3 of Annex XX

1. Required information:

(a) name, address, including Member State, telephone, fax and e-mail of the competent body on whose instructions

sampling was carried out;

(b) serial number of the sample;

(c) date on which sample was taken;

(d) name of the official of the competent body authorised to take the sample;

(e) name, address, telephone, fax, e-mail of the undertaking in which the sample was taken;

(f)

identity of the container from which the sample was taken (e.g. number of the container, number of the lot of
bottles, etc.);

(g) description of the product, including production area, year of harvest, actual or potential alcoholic strength and,

if possible, vine variety;

(h) the words: ‘The reserved control sample may be examined only by a laboratory authorised to carry out control

analyses. Breaking the seal is a punishable offence.’.

2. Remarks:

3. Minimum size: 100 mm by 100 mm.

B. Model of the red label referred to in paragraph 6 of Annex XX

Products for analytical and organoleptic testing under Regulation (EC) No 555/2008

EUROPEAN COMMUNITIES

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ANNEX XXII

Correlation tables referred to in Article 103(2)

1. Regulation (EC) No 1227/2000

Regulation (EC) No 1227/2000

This Regulation

Article 3

Article 4(1)

Article 4(2)-(7)

Article 4(8)

Article 5(1)

Article 5(3)

Article 5(4)

Article 5(5)

Article 5(6)

Article 8(1)

Article 60 and 61

Article 62

Article 63

Article 64

Article 65(1)

Article 64

Article 65(2)

Article 65(3)

Article 65(4)

Article 70(1)

2. Regulation (EC) No 1623/2000

Regulation (EC) No 1623/2000

This Regulation

Article 12

Article 13

Article 14a(1)

Article 46(2)

Article 50(2)

Article 32

Article 33

Article 34

Article 21(3)

Article 22

3. Regulation (EC) No 2729/2000

Regulation (EC) No 2729/2000

This Regulation

Article 2(3)

Article 2(4)

Article 3(1)

Article 3(2)

Article 4

Article 5

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 19

Article 76(d)

Article 76(e)

Article 82(1)

Article 82(2)

Article 83

Article 81

Article 84

Article 85

Article 86

Article 87

Article 88

Article 89

Article 90

Article 91

Article 92

Article 93

Article 94

Article 95

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4. Regulation (EC) No 883/2001

Regulation (EC) No 883/2001

This Regulation

Article 14(1)

Article 20

Article 21

Article 22

Article 24

Article 25

Article 26

Article 27(1)

Article 28

Article 29

Article 30

Article 31(2)

Article 32

Article 34a

Article 39(1)

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Article 51

Article 50

Article 52