COUNCIL REGULATION (EEC) No 833/92
of  30 March 1992
amending Regulation (EEC) No 1442/88 on the granting for the 1988/89 to 1995/96 wine  years, of permanent abandonment premiums in respect of wine-growing areas and repealing Regulation  (EEC) No 2239/86 on a specific common measure to improve wine-growing structures in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, in particular 43  thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament  (1),
Whereas Regulation (EEC) No 1442/88  (2), does not at present apply in Portugal;
Whereas Regulation (EEC) No 2239/86  (3) provides for measures for the permanent abandonment and  restructuring of wine-growing areas;
Whereas the system of premiums for the permanent abandonment of wine-growing applicable in the  other Member States has been transferred to the Guarantee Section of the EAGGF by Regulation (EEC)  No 1327/91  (4) and the level of Community funding has been fixed at 100  %;
Whereas, in accordance with the Act of Accession of Spain and Portugal, the provision concerning  the common organization of the market in wine apply in Portugal from the second stage of  transition; whereas the general permanent abandonment arrangements should also be made applicable  in that Member State and the amounts of the premiums currently applicable should be retained in  order to take account of the specific structural situation;
Whereas on 7 August 1991, the Commission approved the operational programme for the restructuring  of wine-growing areas submitted by Portugal and intended to replace the restructuring arrangements  laid down by Regulation (EEC) No 2239/86;
Whereas Regulation (EEC) No 1442/88 should therefore be amended and Regulation (EEC) No 2239/86  should be repealed; whereas the latter Regulation will continue to apply, however, to undertakings  entered into by Portugal under that Regulation,
Regulation (EEC) No 1442/88 is hereby  amended as follows:
1.  The following paragraph shall be added to Article 2:
'5.  As regards Portugal, the premiums and amounts per hectare applicable shall be the following:
(a)  for areas of not less than 10 ares but not more than 25 ares cultivated with wine-grape  varieties and constituting the entire wine-growing area of the holding concerned: ECU 2  500;
(b)  for areas of more than 25 ares cultivated with wine-grape varieties:
-  ECU 1  000 if the average yield per hectare is not more than 20 hl,
-  ECU 1  600 if the average yield per hectare is more than 20 hl but not more than 25 hl,
-  ECU 2  200 if the average :ield per hectare is more than 25 hl but nor more than 30 hl,
-  ECU 2  800 if the average yield per hectdare is more than 30 hl but not more than 50 hl,
-  ECU 3  500 if the average yield per hectare is more than 50 hl but nor more than 90 hl,
-  ECU 5  000 if the average yield per hectare is more than 90 hl but not more than 130 hl,
-  ECU 6  200 if the average yield per hectare is more than 130 hl but not more than 160 hl,
-  ECU 6  500 if the average yield per hectare is more than 160 hl;
(c)  for areas cultivated with varieties classified in the administrative concerned either as table  grapes or as both table and wine grapes.
-  ECU 5  500 in the case of varieties trained by the pergola method,
-  ECU 3  500 in the case of varieties trained by a method other than the pergola method.
The amounts specified in points (b) and (c) of the first subparagraph shall be increased by ECU 300  per hectare if the areas concerned constitute the entire wine-growing area cultivated by the  applicant.`
2.  The following shall be added to Article 7 (1):
'Portugal shall have authority to reduce the amounts provided for in Article 2 (5) if the applicant  for a permanent abandonment premium is a member of a wine cooperative or other association of  wine-growers. In such case, the premium shall be reduced by not more than 7  % and the sum  corresponding to this reduction shall be paid to the cooperative or association in question.`
3.   In Article 20, the following indent shall be added:
'-  the application of this Regulation in Portugal.`
4.  Article 22 shall be deleted.
Regulation (EEC) No 2239/86 is hereby repealed. However, the provision of this Regulation shall  continue to apply to the undertakings entered into by Portugal before the entry into force of this  Regulation under the permanent abandonment arrangements for wine growing and before 7 August 1991  under the restructuring arrangements for wine-growing areas.
This Regulation shall  enter into force on the third day following that of its publication in the Official Journal of the  European Communities.
This Regulation shall be binding in its entirety and  directly applicable in all Member States.