Commission Delegated Regulation (EU) 2024/2159 of 12 August 2024 on temporary exceptional measures derogating from certain provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council concerning the scheme of authorisations for vine plantings to address the market disturbance in the Union wine market
Date: 2024-08-12
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: administrative sanction, aid to agriculture, common organisation of markets, derogation from EU law, plantation, red wine, vineyard, viticulture




L_202402159EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2159


13.8.2024







            COMMISSION DELEGATED REGULATION (EU) 2024/2159
of 12 August 2024
         
on temporary exceptional measures derogating from certain provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council concerning the scheme of authorisations for vine plantings to address the market disturbance in the Union wine market


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 219(1), in conjunction with Article 228 thereof,

Whereas:







(1)


The Union wine market is experiencing disturbances due to the reduction of domestic consumption and the weakening of exports to third countries for certain wine categories, in particular for red wines in certain production regions. This is generating recurrent situations of oversupply and accumulation of stocks in the wine production regions concerned. Exceptional measures were adopted by the Union in 2023 (2) to remove part of the accumulated stocks in the most affected regions from the market. However, market uncertainties and weak demand remain. Despite the comparatively moderate harvest in 2023, stocks of certain wine categories continue to accumulate in certain regions and the outlook for the coming years is uncertain and, consequently, such market disturbance is likely to continue or deteriorate.












(2)


Wine growers holding planting authorisations face the risk of sanctions if they do not use these authorisations to plant the corresponding vineyards. Consequently, the penalties and the brief validity period of the authorisations compel growers to proceed with planting. Waiving the penalties and extending the validity period in producing regions with market disturbances would alleviate this pressure on growers and therefore decrease the area planted with vineyards, thereby limiting the entry of additional productive vineyards into an already saturated market. These measures would also give growers with planting authorisations the flexibility to reconsider their planting decisions and take additional time to identify the grape varieties and wine types best suited to evolving market demands and regional climatic conditions. Therefore, in the regions most affected by market disturbances, in order to limit the area planted this year and the next years, the validity of planting authorisations that expire in 2024 or 2025 and have not yet been used as at the date of entry into force of this Regulation should be extended by three years.












(3)


In order to facilitate the decrease in the vineyards area, it is appropriate to provide holders of planting authorisations the opportunity to waive their authorisations for 2024 and 2025 without being subject to the administrative penalties referred to in Article 62(3) of Regulation (EU) No 1308/2013. For that purpose, they should inform the competent authorities of their intention not to use their authorisations nor to benefit from the extension of their validity.












(4)


Member States are to communicate to the Commission information about the implementation of this Regulation, to enable the Union to monitor the efficiency of the measure introduced hereby.












(5)


Any other measures available under Regulation (EU) No 1308/2013 appear to be insufficient or not suitable to prevent an increase in vineyards area due to planting authorisations already delivered, and therefore to prevent additional surplus on the wine market.












(6)


In light of the ongoing market disturbance, as well as the short time available to allow wine growers to benefit from the extension of validity provided for in this Regulation, it is necessary to take immediate action. This Regulation should therefore be adopted pursuant to the urgency procedure laid down in Article 228 of Regulation (EU) No 1308/2013.












(7)


In view of the necessity to take immediate action, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,





HAS ADOPTED THIS REGULATION:



Article 1

Temporary derogations from Article 62(3) of Regulation (EU) No 1308/2013 regarding wine planting and replanting authorisations


1.   By way of derogation from Article 62(3), first subparagraph, first sentence, of Regulation (EU) No 1308/2013, the validity of unused planting authorisations granted in accordance with Articles 64 and 66 of that Regulation that expire in the years 2024 and 2025 and are to be used in the regions most affected by market disturbances, as identified by the Member State, is extended by three years.


2.   However, where the holders of the authorisations referred to in paragraph 1 do not wish to use them nor to benefit from the extension of their validity, they shall inform thereof the competent national authorities of their Member State by 31 December 2024. By way of derogation from Article 62(3), first subparagraph, second sentence, of Regulation (EU) No 1308/2013, they shall not be subject to administrative penalties.



Article 2

Notifications


1.   By 31 March 2025, Member States shall notify to the Commission the following information:






(a)


the regions in which Article 1 has been applied;










(b)


for each of the regions referred to in point (a) of this paragraph, the areas in hectares covered by new planting and replanting authorisations respectively, whose validity has been extended in accordance with Article 1(1);










(c)


for each of the regions referred to in point (a) of this paragraph, the areas in hectares covered by new planting and replanting authorisations respectively, which wine growers do not intend to use and whose validity is not extended in accordance with Article 1(2).






2.   The notifications to the Commission referred to in paragraph 1 of this Article shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183 (3).



Article 3

Entry into force and application

This Regulation shall enter into force on the day 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, 12 August 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(2)  Commission Delegated Regulation (EU) 2023/1225 of 22 June 2023 on temporary exceptional measures derogating from certain provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council to address the market disturbance in the wine sector in certain Member States and derogating from Commission Delegated Regulation (EU) 2016/1149 (OJ L 160, 26.6.2023, p. 12, ELI: http://data.europa.eu/eli/reg_del/2023/1225/oj).

(3)  Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100, ELI: http://data.europa.eu/eli/reg_del/2017/1183/oj).


ELI: http://data.europa.eu/eli/reg_del/2024/2159/oj
ISSN 1977-0677 (electronic edition)