CELEX: 51984PC0515(04)
Language: en
Date: 1984-09-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE GRANTING FOR THE 1985/86 TO 1989/90 WINE YEARS OF PERMANENT ABANDONMENT PREMIUMS IN RESPECT OF CERTAIN AREAS UNDER VINES

N o C 259/10                       Official Journal of the European Communities                               27.9. 84
              Proposal for a Council Regulation on the granting for the 1985/86 to 1989/90 wine years
                     of permanent abandonment premiums in respect of certain areas under vines
                                                  COM(84) 515 final
                         (Submitted by the Commission to the Council on 12 September 1984)
                                                    (84/C 259/09)
 THE COUNCIL OF THE EUROPEAN                                   Whereas,     in   order    to prevent       unjustifiable
 COMMUNITIES,                                                  expenditure, a prohibition should be introduced on
                                                               cumulation of these premiums with other premiums
                                                               provided for by Community legislation;
 Having regard to the Treaty establishing the
 European Economic Community, and in particular
Articles 42 and 43 thereof,
                                                               Whereas, in order to permit proper management of
                                                               this abandonment premium scheme, final dates should
Having regard to the proposal from the Commission,
                                                               be set for the lodging of applications and conditions
                                                               to be met by applicants should be laid down;
Having regard to the opinion of the European Par-              whereas, in order to obtain lasting results, the
liament,                                                       recipients of the abandonment premium should be
                                                               placed under an obligation not to increase their area
                                                               under vines during the 20 following wine years;
Having regard to the opinion of the Economic and
Social Committee,
                                                               Whereas the grubbing of vineyards by viticulturists
Whereas the increasing imbalance on the market in             who are members of cooperatives will reduce the
wine and experience gained, in particular of the               quantities of grapes delivered to such cooperatives
application of Council Regulation (EEC) N o 456/80             and thereby increase processing costs; whereas it is
of 18 February 1980 on the granting of temporary               only fair therefore to provide for compensation to
and permanent abandonment premiums in respect of               such organizations in cases where the reduction in
certain areas under vines and of premiums for the             grape deliveries resulting from the abandonment
renunciation of replanting (*), as last amended by            measures is significant;
Regulation (EEC) No 1597/83 ( 2 ), point to the
necessity of intensifying efforts to reduce the
Community's production potential; whereas such a
reduction must affect all types of area under vines           Whereas, in order to ensure that the premium system
except those the grapes of which are made into                is properly implemented, it should be specified that
quality wines produced in specified regions or high           national aid may be granted if it is intended to
quality table wines;                                          achieve similar objectives to those of the scheme;
Whereas the abandonment of areas under vines
should therefore be encouraged by the granting over           Whereas all the measures in question serve the
the next five wine years of premiums, differentiated in       interests of the Community and are designed to
amount according to the productivity of the area              achieve the objectives laid down in Article 39 (1) (a)
concerned, calculated to compensate for the cost of           of the Treaty; whereas they constitute a common
the grubbing operation, the loss of the right to replant      measure for the purposes of Article 6 (1) of Regu-
and the future income lost;                                   lation (EEC) N o 729/70 of 21 April 1970 on the
                                                              financing of the common agricultural policy, as last
                                                              amended by Regulation (EEC) N o 929/79;
Whereas a reduction in the number of viticultural
holdings will limit the dispersion of supply to the
market and simplify market management; whereas an
additional incentive should be made available to vine-        Whereas, in order to ensure maximum effectiveness,
growers who grub up all their vines;                          arrangements should be made for rapid payment of
                                                              the aid to recipients and for rapid payment to the
                                                              Member States of contributions from the European
                                                              Agricultural Guidance and Guarantee Fund; whereas
O OJ No L 57, 29. 2. 1980, p. 6.                              payments should not, however, be made until proof
O OJ No L 163, 22. 6. 1983, p. 52.                            of grubbing is presented,
 ---pagebreak--- 27. 9. 84                            Official Journal of the European Communities                          N o C 259/11
HAS ADOPTED THIS REGULATION:                                    (b) For areas planted with table-grape varieties:
                                                                     — 9 000 ECU in the case of large-grape vine
                           TITLE I                                       varieties listed in the Annex trained by the
                                                                          pergola method,
 Permanent abandonment of certain areas under vines
                                                                     — 7 000 ECU in the case of vine varieties other
                                                                          than those referred to in the first indent
                          Article 1                                       trained by the pergola method,
1.    Vine-growers cultivating areas under vines:                    — 6 000 ECU in the case of the vine varieties
                                                                          referred to in the first indent trained by a
                                                                          method other than the pergola method,
(a) for the production of:
                                                                     — 5 000 ECU in the case of vine varieties other
     — table wine,                                                        than those referred to in the first indent
     — table grapes,                                                      trained by a method other than the pergola
     — grapes for drying,                                                 method.
     — wine for the production of a wine spirit of              (c) For areas for the production of wine for making
         designated origin in the Charentes region,                  wine spirit of designated origin in the Charentes
                                                                     region: 6 000 ECU.
or
                                                                (d) For areas planted with vine varieties classified as
(b) used as root-stock nurseries planted with root-                  dried-grape varieties: 6 000 ECU.
     stock varieties listed in the classification of vine       (e) For areas used as root-stock nurseries: 5 000
     varieties                                                       ECU.
shall, upon application and subject to the conditions           2.     The amounts specified in paragraph 1 shall be
laid down in this Regulation, qualify during the wine           increased by 1 000 ECU per hectare if the areas
years 1985/86 to 1989/90, for a premium for the                 concerned were planted up to 15 years before the
permanent abandonment of vine-growing, hereinafter              beginning of the wine year during which the aid
referred to as 'permanent abandonment premium'.                 application is submitted.
As regards areas for the production of table wines,             3.     The amounts specified in paragraphs 1 and 2
areas classified in accordance with Articles 29 and             shall be increased by 500 ECU per hectare if the
29a of Regulation (EEC) N o 337/79 as category 1                areas concerned constitute the entire vineyard area
and planted with recommended wine-grape varieties               cultivated by the applicant.
shall not be eligible for the premium.
                                                                4.     Detailed rules for the application of this Article
2.     Where the permanent abandonment premium is               shall be adopted in accordance with the procedure
granted, the right to replant shall be forfeited.               laid down in Article 67 of Regulation (EEC) N o
                                                                337/79.
                           Article 2                                                       Article 3
 1.    The amount of the premium per hectare is                  1.    The following shall not qualify          for   the
hereby fixed as follows:                                        permanent abandonment premium:
(a) For areas planted with wine-grape varieties:                 (a) areas under vines located on the same holding
                                                                     which total less than 25 hectares;
     — 5 000 ECU if the average yield per hectare of
         the said areas is 90 hectolitres or less,               (b) areas under vines known to have been in
     — 6 500 ECU if the yield per hectare of the said                 infringement      of    Community    or    national
         areas is more than 90 hectolitres but less than             provisions;
          130 hectolitres,
                                                                 (c) areas under vines which are no longer tended or
     — 8 000 ECU if the yield per hectare of the said                 of very low productivity;
         areas is over 130 hectolitres.
                                                                 (d) areas on which vines were planted after the entry
The average yield per hectare of the areas in question                into force of this Regulation.
 shall be calculated on the basis of the average of the
yields obtained from those areas over the three wine             2.     Holdings which have received the premium
 years preceding that in which the application for the           referred to in paragraph 1 may not subsequently
 premium is submitted.                                           receive the aids referred to in the first, second and
 ---pagebreak---  No C 259/12                          Official Journal of the European Communities                                27.9.84
 third indents of Article 13 (1) of Council Regulation           — the successor enters into such an undertaking on
 (EEC) N o 458/80 of 18 February 1980 on collective                   his own account for the remainder of the period,
 projects for the restructuring of vineyards.
                                                                  or
 3.    Detailed rules for the application of this Article        — the owner has given the undertaking provided for
 shall be adopted in accordance with the procedure                   in the second indent of the first subparagraph.
 laid down in Article 67 of Regulation (EEC) No
 337/79.                                                                                  Article 5
                                                                  1.    For the grant of the permanent abandonment
                         Article 4                               premium, mixed cultivation areas shall be expressed
                                                                 as specialized cultivation areas by using the customary
 1.    Applications for premiums must be submitted to
                                                                 conversion factor for the wine-growing area
the departments designated by the Member States
                                                                 concerned.
before 31 December of each wine year specified in
Article 1 (1).
                                                                 2.     Where the area for which the permanent
                                                                 abandonment premium is requested contains a
Applications relating to areas under wine grapes shall           mixture of several vine varieties, some of which do
be accompanied by a declaration by the applicant                 not qualify for the premium, the premium shall be
stating the average yield per hectare of the said areas          granted:
during the three preceding wine years.
                                                                 — for the entire area, provided that the varieties
2.     The grant of the premium shall be subject to a                which qualify for the premium cover more than
written declaration in which the applicant undertakes:               70 % of the area in question,
                                                                 — for the section of the area actually covered with
— by 1 April of the year following that in which the                 the varieties which qualify for the premium where
     application is submitted, to grub or have grubbed               those varieties cover 70 % or less of the area in
     the vines on the areas for which the premium has                question.
     been requested,
                                                                 3.    The amount of the permanent abandonment
— not to plant on his holding new vines within the               premium shall be paid in a single payment not more
     meaning of Annex IVa (e) to Regulation (EEC)                than six months after the applicant has furnished
     No 337/79 for 20 wine years following that in               proof that grubbing has in fact taken place.
     which the vines are grubbed,
                                                                 4.    Detailed rules for the application of this Article
— to declare each year during that period, where                 shall be adopted in accordance with the procedure
     appropriate at the same time as his harvest, the            laid down in Article 67 of Regulation (EEC) N o
     area under vines which is in production and the             337/79.
     area which is not yet in production.
                                                                                          Article 6
3.     The grant of the premium shall also be subject
to the applicant:                                                1.    During the wine years 1986/87 to 1990/91,
                                                                 financial compensation shall be granted to wine
— being entitled, in accordance with national laws,              cooperatives and other associations of vine-growers
     to continue to cultivate the land in question               furnishing proof that:
     during the period referred to in the second indent          — they have had to reduce their activity as a result
     of paragraph 2,                                                 of the lower level of deliveries from their members
                                                                     following     the    grant     of   the   permanent
— producing, if he does not fulfil the condition                     abandonment premium,
     referred to in the first indent, a written under-
     taking by the owner of the land that he will                — the area cultivated by their members has been
     guarantee that the obligations referred to in                   reduced by at least 10 % compared with the
     paragraph 2 are complied with or that he will                   situation during the 1984/85 wine year.
     comply with them personally.                                The compensation referred to in the first subpara-
                                                                 graph shall be 1 000 ECU per hectare of vineyard for
If, after the granting of the premium and in the                 which members have received the permanent
course of the period referred to in the second indent            abandonment premium.
of paragraph 2, all or part of the holding should pass
to another party, the recipient of the premium or his            2.    Detailed rules for the application of this Article
assignees shall remain responsible for the performance           shall be adopted in accordance with the procedure
by the successor of the undertaking entered into by              laid down in Article 67 of Regulation (EEC) No
the recipient) unless:                                           337/79.
 ---pagebreak--- 27.9.84                              Official Journal of the European Communities                          N o C 259/13
                        TITLE II                                                         Article 11
            General and financial provisions                    1.     The expenditure incurred by the Member States
                                                                in respect of the measures provided for in this Regu-
                                                                lation shall be eligible for financing by the Guidance
                        Article 7                               Section of the European Agricultural Guidance and
The Council, acting by a qualified majority on a                Guarantee Fund.
proposal from the Commission, may decide to alter:
                                                                2.     The Guidance Section of the European Agri-
— the amount of the premium,                                    cultural Guidance and Guarantee Fund shall refund
                                                                to the Member States 60 % of the eligible
                                                                expenditure after notification by the Member States
— the date given in Article 4(1).                               of:
Using the same procedure, the Council may derogate                  the areas for which proof of grubbing has been
from the date given in Article 4 (2), first indent.                 furnished,
                                                                — the areas concerned by Article 6,
                         Article 8
1.     The Member States shall verify that the under-           — an undertaking to pay the beneficiaries within two
takings referred to in Articles 4 (2) and (3) are being              months following payment by the Fund and
respected.                                                          without prejudice to Article 5 (3) the premium
                                                                     referred to in Article 1 and the compensation
                                                                     referred to in Article 6.
2.     The    Member      States    shall    inform    the
Commission of the results of this verification.
                                                                                         Article 12
3.     Detailed rules for the application of this Article        1.    Applications for a contribution from the Fund
shall be adopted in accordance with the procedure               shall be submitted by the Member States before
                                                                 1 May of each year.
laid down in Article 67 of Regulation (EEC) No
337/79.
                                                                They shall relate to:
                         Article 9                              — grubbing operations carried out for each wine
                                                                     year before 1 April of the same year
 1.    The set of measures provided for in this Regu-
lation shall constitute a common measure within the
meaning of Article 6 (1) of Regulation (EEC) No                 — compensation as referred to in Article 6 applied
729/70.                                                              for before that date.
                                                                 2.    The Commission shall take a decision on these
 2.    The measures referred to in paragraph 1 shall             applications, on one or more occasions, in accordance
 end:                                                           with the procedure laid down in Article 7 (1) of
                                                                 Regulation (EEC) No 729/70.
— with the 1989/90 wine year as regards                the
     permanent abandonment premium,
                                                                                         Article 13
 — with the 1990/91 wine year as regards the                     1.    Each year, before 31 December, the Member
     financial compensation referred to in Article 6.            States shall send the Commission a record of the
                                                                 permanent abandonment premiums and financial
                                                                 compensation pursuant to Article 6 granted during
                         Article 10                              the preceding wine year.
 1.    The estimated cost of the common measure to
 the European Agricultural Guidance and Guarantee                2.    Where it emerges that the amount paid by the
 Fund, Guidance Section, is 947,8 million ECU.                   European Agricultural Guidance and Guarantee Fund
                                                                 pursuant to Article 11 (2) exceeds 60 % of the
                                                                 premiums and compensation granted by the Member
 2.    Article 6 (5) of Regulation (EEC) No 729/70               State, the excess sums paid by the Commission shall
 shall apply to this Regulation.                                 be refunded or deducted from the next instalment.
 ---pagebreak--- No C 259/14                          Official Journal of the European Communities                               27.9.84
                       Article 14                                                       Article 15
1.    Without prejudice to Article 8 of Regulation              The Member States shall inform the Commission, as
(EEC) N o 729/70, the Member States shall take, in              part of the communication referred to in Article 30 c
accordance with their national laws, regulations and            (1) of Regulation (EEC) N o 337/79, of the areas of
administrative provisions, the necessary measures to            vines which have been permanently abandoned in
recover the amounts paid in cases where the under-              return for the corresponding premium.
takings referred to in Article 3 are not respected.
                                                                The Commission shall take account of this infor-
They shall inform the Commission of measures taken              mation in the report referred to in Article 30 c (2) of
for this purpose and, in particular, shall periodically         the said Regulation.
notify it of the state of administrative and judicial
procedures relating thereto.                                                            Article 16
2.    The sums recovered shall be paid to the paying            This Regulation shall not impede the granting of aids
authorities or departments and deducted by them                 provided for by national regulations designed to
from the expenditure financed by the European Agri-             achieve objectives similar to those sought by this
cultural Guidance and Guarantee Fund in proportion              Regulation, subject to an examination on the basis of
to Community financing.                                         Articles 92, 93 and 94 of the Treaty.
3.    The financial consequences of failure to recover                                  Article 17
amounts paid out shall be borne by the Community in
proportion to Community financing.                              This Regulation shall enter into force on the third
                                                                day following its publication in the Official Journal of
4.    Detailed rules for the application of this Article        the European Communities.
shall be adopted in accordance with the procedure
laid down in Article 13 of Regulation (EEC) No                  This Regulation shall be binding in its entirety and
729/70.                                                         directly applicable in all Member States.