CELEX: 51986PC0020(28)
Language: en
Date: 1986-02-11
Title: PROPOSAL FOR A COUNCIL REGULATION RELATING TO LIMITATIONS ON THE EXERCISE OF RIGHTS TO REPLANT AREAS UNDER VINES

14. 4. 86                                 Official Journal of the European Communities                                 No C 85/31
               Proposal for a Council Regulation relating to limitations on the exercise of rights to replant areas
                                                             under vines
                                                          COM(86) 20 final
                               (Submitted by the Commission to the Council on 14 February 1986)
                                                            (86/C 85/28)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              decreasing from Category 3 to Category 1, limitations on the
                                                                      exercise of replanting rights should also vary according to
                                                                      category in order to channel production to wine-growing
Having regard to the Treaty establishing the European                 zones of pronounced suitability and to encourage a yield
Economic Community,                                                   providing the best quality of the product and the sought-after
                                                                      limitation of production potential;
Having regard to Council Regulation (EEC) No 337/79 of
                                                                      Whereas provision should be made, with regard to the
5 February 1979 on the common organization of the market
                                                                      transfer of replanting rights, for offering wine-growers
in wine ('), as last amended by Regulation (EEC) No            ,
                                                                      producing the wine with the best outlets the possibility of not
and in particular Article 30 a (3 a) thereof,
                                                                      reducing their areas under vines;
HaVing regard to the proposal from the Commission,                    Whereas, for the effective application of this measure, severe
                                                                      controls should be undertaken requiring very accurate
                                                                      information on all planting; whereas such information
Whereas technical development has brought about a                     cannot be provided in the immediate future by the vineyard
constant improvement in yields from areas under vines,                register provided for in Article 64 a of Regulation (EEC) No
which, despite a reduction in areas, has led to an increase in        337/79, as it will not be useable for several years; whereas
wine production; whereas normal uses of vine products have            this lack of data should accordingly be made good by
also seen a significant reduction, in particular on account of        obtaining information on the quantities of young plants
the decrease in direct human consumption in the producing             marketed by requiring registers to be kept and notification to
countries; whereas the combination of these two factors has           be made to the competent authorities of quantities marketed
led to an imbalance which must be corrected by adapting               by producers of young plants; whereas the provision of
wine-growing to needs; whereas, while measures already                compensation at a standard rate for expenses incurred in the
adopted with a view to reducing the area under vines by               fulfilment of such obligations seems fair,
granting aids for the abandonment of certain areas as
provided for in Council Regulation (EEC) No 777/85 (3) are
significant, their results are dependent on decisions of
operators and are likely to be inadequate; whereas such
measures should be supplemented by provisions to ensure a             HAS ADOPTED THIS REGULATION:
gradual, automatic reduction in the area under vines and
hence the absorption of the production surplus; whereas the
                                                                                                  Article 1
most suitable means appears to be to limit for a sufficiently
lengthy period the exercise of replanting rights;
                                                                       1.    In the 1986/87 to 1994/95 wine years replanting
                                                                       rights as referred to in Article 30 a (1) of Regulation (EEC)
Whereas the seriousness of the recorded imbalance requires            No 337/79 may only be exercised on an area equivalent in
 action to be undertaken immediately to reduce wine-growing            terms of pure cultivation to:
potential; whereas in that case the full exercise of established
 replanting rights is likely to reduce and delay considerably          — 50 % of the area grubbed, where replanting is carried out
the anticipated results in view of the extent and duration of              on a area classified in Category 3 in accordance with
 such rights; whereas, consequently, such rights should also               Article 29 of Regulation (EEC) No 337/79,
 be made subject to the planned arrangements, with provision
 for adequate compensation;                                            — 70 % of the area grubbed, where replanting is carried out
                                                                           on an area classified in Category 2 in accordance with
                                                                           that Article,
 Whereas Article 29 of Regulation (EEC) No 337/79
 established a classification of areas under vines into three          — 80 % of the area grubbed, where replanting is carried out
 categories according to their natural suitability for                     on an area classified in Category 1 in accordance with
 wine-growing; whereas, since the yield varies as a result                 that Article.
 within each wine-growing zone according to category,
                                                                       2.     During the period referred to in paragraph 1,
 (>) OJNo54, 5. 3. 1979, p. 1.                                         replanting rights may be transferred to other holdings
 (3) OJ No 88, 28. 3. 1985, p. 8.                                      provided that the areas in which they will be exercised are
 ---pagebreak--- • No C 85/32                                Official Journal of the European Communities                                       14. 4. 86
  classified, in accordance with Articles 29 or 29 a of                address of the purchaser and the number of young vine plants
  Regulation (EEC) No 337/79, in the same category as that             concerned.
  on which grubbing was carried out or in a higher category.
  However, rights may not be transferred to areas classified in        2.      Detailed rules for the application of this Article shall be
  Category 3.                                                          adopted in accordance with the procedure laid down in
                                                                       Article 67 of Regulation (EEC) No 337/79.
  3.     A compensatory allowance shall be granted, on
  application, to holders of replanting rights the exercise
  of which is subject to the limitations laid down in para-                                         Article 3
  graph 1.
  The allowance shall be paid by the competent authorities of          In the 1986/87 to 1988/89 wine years, the natural or legal
  Member States on the exercise of such rights. It shall be            persons referred to in Article 2 shall be eligible, on
  equal, per hectare of vineyard grubbed, to:                          application, for compensation for expenses incurred in
                                                                       fulfilling the obligations laid down in that Article.
  — 1500 ECU in respect of rights acquired before 31 August
      1986,                                                            Compensation shall be fixed at a standard rate of five ECU
                                                                       per 1 000 young vine plants, subject to the provision of
  — 1 000 ECU in respect of other rights.                              evidence of marketing.
  4.     By way of derogation from paragraph 3, the competent          Detailed rules for the application of this Article shall be
  authorities of Member States may grant a higher allowance            adopted in accordance with the procedure laid down in
  to wine-growers who prove that the reduction in their future         Article 67 of Regulation (EEC) No 337/79.
  income exceeds the allowance provided for in paragraph 3
  and cahnot be offset by transfers under paragraph 2.
                                                                                                    Article 4
  In that case the allowance shall be determined in accordance
  with national laws, regulations and administrative
                                                                       The allowances referred to in Article 1 (3) and the
  provisions. Under no circumstances may it exceed the
                                                                       compensation referred to in Article 3 shall be charged to the
  reduction in income suffered by the wine-grower.
                                                                       European Agricultural Guidance and Guarantee Fund,
                                                                       Guarantee Section.
                             Article 2
                                                                                                    Article 5
  1.     All natural and legal persons or groups of such persons
  who operate nurseries for commercial purposes, or cause              This Regulation shall enter into force on the third day
  them to be so operated, shall be required to keep registers.         following its publication in the Official Journal of the
  Quantities produced, quantities marketed and quantities              European Communities.
  planted out or destroyed shall be entered in such registers.
  For any transfer involving more than 500 young vine plants,
  persons as referred to in the first subparagraph shall be            This Regulation shall be binding in its entirety and directly
  required to notify to the competent authorities the name and         applicable in all Member States.
                 Proposal for a Council Regulation fixing for the 1986/87 marketing year certain prices and other
                                         amounts applicable in the fruit and vegetables sector
                                                           COM(86) 20 final
                                 (Submitted by the Commission to the Council on 14 February 1986)
                                                             (86/C 85/29)
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the Act of Accession of Greece, and in
                                                                       particular Article 72 (1) thereof,
  Having regard to the Treaty establishing the European
  Economic Community, and in particular Article 43                     Having regard to the Act of Accession of Spain and Portugal,
  thereof,                                                             and in particular Article 89 (1) thereof,