Commission Regulation (EC) No 42/2009 of 20 January 2009 amending Regulation (EC) No 555/2008 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: 2009-01-20
Institutions: European Commission
Subjects: aid programme, common organisation of markets, extra-EU trade, production capacity, viticulture, wine

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 42/2009

of 20 January 2009

amending Regulation (EC) No 555/2008 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,

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
1782/2003,
(EC) No 3/2008 and
(EC) No 1290/2005,
repealing Regulations
(EEC) No 2392/86 and (EC) No
1493/1999 (1), and in particular Articles 22, 84 and 107
thereof,

Whereas:

the

For the optimal use of
funds potentially available to
increase competitiveness in the wine sector, it is appro­
priate to allow, as much as possible, for Member States
to make use of possibilities both under the wine support
programmes, notably under
and
conversion measure according to Article 11 of Regu­
lation (EC) No 479/2008 and investments according to
Article 15 of the same Regulation, and the rural devel­
opment funds. To ensure exclusion of double funding of
the same measure under these two funds, as foreseen in
Article 4(3) of Regulation (EC) No 479/2008, a clear
demarcation line should be established at the level of
the operations.

restructuring

In accordance with the second sentence of the second
subparagraph of Article 16(1) of Regulation (EC) No
479/2008, no aid shall be paid for the volume of
alcohol contained in the by-products to be distilled
which exceeds 10 % in relation to the volume of
alcohol contained in the wine produced. It should be
clarified that Member State can foresee to respect this
limit
individual
the
at
producers or alternatively at the national level.

level of

controls

the

via

(1)

(2)

(3)

for
vinifera species) on the analysis report. However,
technical
information should not be
required and should therefore be deleted from the said
provision.

reasons

this

(4)

(5)

(6)

(7)

Article 103(1)(b) of Regulation (EC) No 555/2008 lays
down that table 10 of the Annex to Commission Regu­
lation (EC) No 1227/2000 (3) 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 Regulation (EC) No
479/2008. However, the reference should be made to
table 9 of the Annex to Regulation (EC) No 1227/2000.

Article 5(8), the third paragraph of Article 16 and the
second paragraph of Article 20 of Regulation (EC)
No 555/2008 foresee that where Member States grant
national aids they should communicate those in the
relevant part of the form set out in Annex VII to that
Regulation. Therefore, Annex VII should be amended to
include this information.

Regulation (EC) No 555/2008 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Regulation (EC) No 555/2008 is amended as follows:

Article 1

1. In Article 1, the following paragraph is added:

Point (vi) of Article 41(c) of Commission Regulation (EC)
No 555/2008 (2) obliges producers to include infor­
mation concerning the presence of wine grape varieties
obtained from interspecific crossings (direct producer
hybrids or other varieties not belonging to the Vitis

‘3.
For the purposes of Title II, “operation” shall mean a
project, contract or arrangement, or other action included in
a given support programme, corresponding to any of the
activities under the measures referred to in Article 7(1) of
Regulation (EC) No 479/2008 and implemented by one or
more beneficiaries.’

(1) OJ L 148, 6.6.2008, p. 1.
(2) OJ L 170, 30.6.2008, p. 1.

(3) OJ L 143, 16.6.2000, p. 1.

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2. After Article 10, the following Article 10a is inserted in

Section 2 of Chapter II of Title II:

Member State or
1698/2005.

region under Regulation (EC) No

‘Article 10a

Compatibility and consistency

1.
The support for costs of restructuring and conversion
referred to in Article 11(4)(b) of Regulation (EC) No
479/2008 shall not cover purchase expenses of
farm
vehicles.

2.
No operation shall be included for support pursuant to
Article 11 of Regulation (EC) No 479/2008 under a national
support programme in accordance with Title II of that Regu­
lation for a given Member State or region which is included
for support in the rural development programme of that
Member State or
region under Regulation (EC) No
1698/2005.

the operations

3. Member States
they
shall present
include in their support programmes for the restructuring
and conversion measure in the relevant part of Annex I in
such detail as to allow for verification that that operation is
not
rural development
programmes.’

included for

in their

support

3. Article 20 is replaced by the following:

‘Article 20

Compatibility and consistency

No support shall be granted for marketing operations
1.
which received support under Article 10 of Regulation (EC)
No 479/2008.

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.

2.
No operation shall be included for support pursuant to
Article 15 of Regulation (EC) No 479/2008 under a national
support programme in accordance with Title II of that Regu­
lation for a given Member State or region which is included
for support in the rural development programme of that

3. Member States
they
shall present
include in their support programmes for the investment
measure in the relevant part of Annex I in such detail as
to allow for verification that that operation is not included
for support in their rural development programmes.’

the operations

4. After Article 25, the following Article 25a is inserted in

Section 7 of Chapter II of Title II:

‘Article 25a

Verification of conditions

The competent authorities of the Member States shall take all
necessary steps to verify respect of the conditions and the
limit referred to in Article 24(1) of
this Regulation in
conjunction with Article 16(3) of Regulation (EC) No
479/2008. Member States may verify the respect of this
limit at the level of each producer or at the national level.
Member States which opt for verification at the national level
shall not include in the alcohol balance the quantities which
are not intended for distillation (withdrawal under super­
vision) nor those which are intended for the development
of products other than alcohol for industrial use.’

5. In Article 41(c), point (vi) is deleted.

6. In Article 103(1), point (b) is replaced by the following:

‘(b) Table 9 of the Annex to Regulation (EC) No 1227/2000
shall continue to apply unless otherwise provided in an
implementing regulation on the labelling and presen­
tation of wines
adopted on the basis of
to be
Article 63 of Regulation (EC) No 479/2008;’.

7. Annex VII is replaced by the text in Annex to this Regu­

lation.

Article 2

This Regulation shall enter into force on the seventh day
following that of its publication in the Official
Journal of the
European Union.

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

Done at Brussels, 20 January 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

‘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):

Number of this amended table:

Date of previous communication:

Financial year

2009

2010

2011

2012

2013

Total

Measures

Regulation (EC)
No 479/2008

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

n
o
i
t
u
c
e
x
E

Execution

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

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

Regulation
(EC) No
1493/1999

4. Green
harvesting

Article 12

5. Mutual funds

Article 13

Area covered
(ha)

Average
amount
(EUR/ha) (3)

Number of
projects

Average
Community
support (4)

State Aid

Area covered
(ha)

Average
amount
(EUR/ha) (3)

Area covered
(ha)

Average
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)

(Cumulative)

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(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)

State Aid

Number of
beneficiaries

Average
Community
support (7)

State Aid

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

Article
15(4)(b)

Eligible costs

Article
15(4)(c)

Article
15(4)(d)

Eligible costs

Eligible costs

Article
15(4)(a)

Community
contribution

Article
15(4)(b)

Community
contribution

Article
15(4)(c)

Community
contribution

Article
15(4)(d)

Community
contribution

8. By-products
distillation

Article 16

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

Mio hl

Average
Community
support (9)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

(Cumulative)

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(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

Range of aid
(EUR/ha) (8)

Article 17

Area (ha)

9. Potable
alcohol distil­
lation — area
support

10. Crisis distil­
lation

Article 18

Average
support (3)

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)

11. Use of
concentrated
grape must for
enrichment

Article 19

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 beneficiaries 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.’