Council Regulation (EC) No 479/2008 (repealed)Dangos y teitl llawn

TITLE VII U.K. AMENDMENTS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I U.K. Amendments

Article 122 U.K. Amendment to Regulation (EC) No 1493/1999

In the first subparagraph of Article 2(3) of Regulation (EC) No 1493/1999, the words ‘31 July 2002’ shall be replaced by the following:

‘31 July 2008’.

Article 123 U.K. Amendments to Regulation (EC) No 1782/2003

Regulation (EC) No 1782/2003 is hereby amended as follows:

1.

point (a) of Article 33(1) shall be replaced by the following:

‘(a)

they have been granted a payment in the reference period referred to in Article 38 under at least one of the support schemes referred to in Annex VI or, in the case of olive oil, in the marketing years referred to in the second subparagraph of Article 37(1) or, in the case of sugar beet, cane and chicory, if they have benefited from market support in the representative period referred to in point K of Annex VII or, in the case of bananas, if they have benefited from compensation for loss of income in the representative period referred to in point L of Annex VII or, in the case of fruit and vegetables, if they were producers of fruit and vegetable products, ware potatoes and nurseries in the representative period applied by Member States for those products pursuant to point M of Annex VII or, in the case of wine, if they have received a payment entitlement as referred to in points N and O of Annex VII,’;

2.

the following subparagraph shall be added to Article 37(1):

‘For wine the reference amount shall be calculated and adjusted in accordance with points N and O of Annex VII.’;

3.

the following paragraph shall be inserted in Article 41:

‘1b. In the case of wine and taking into account the latest data made available to it by the Member States in accordance with Articles 9 and 102(6) of Council Regulation (EC) No 479 of 29 April 2008 on the common organisation of the market in wine(1), the Commission shall, in accordance with the procedure referred to in Article 144(2) of this Regulation, adapt the national ceilings set out in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings Member States shall communicate to the Commission the regional average of the value of entitlements referred to in point N of Annex VII to this Regulation.’;

4.

the following point shall be inserted in Article 43(2):

‘(ad) in the case of wine, the number of hectares as calculated in accordance with points N and O of Annex VII;’

5.

Article 44(2) shall be replaced by the following:

‘2. “Eligible hectare” shall mean any agricultural area of the holding except areas under forests or used for non agricultural activities.’;

6.

Article 51 shall be replaced by the following:

‘Article 51 Agricultural use of the land

Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity.

By way of derogation from the first subparagraph, Member States may decide by 1 November 2007 that until a date to be fixed by the Member State but not later than 31 December 2010, the parcels in one or more regions of the Member States may continue not to be used for:

(a)

the production of one or more of the products referred to in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96. However in this case, Member States may decide to allow secondary crops to be cultivated on the eligible hectares during a period of maximum three months starting each year on 15 August; however, at the request of a Member State, this date shall be modified in accordance with the procedure laid down in Article 144(2) for regions where cereals are normally harvested earlier for climatic reasons;

(b)

the production of ware potatoes; and/or

(c)

nurseries.’;

7.

the following subparagraph shall be added to Article 63(3):

‘With regard to the inclusion of the wine component in the single payment scheme, Member States may decide, by 1 April 2009, to apply the derogation provided for in the first subparagraph.’;

8.

the following paragraph shall be added to Article 71c:

‘In the case of wine and taking into account the latest data made available to it by the Member States in accordance with Articles 9 and 102(6) of Regulation (EC) No 479, the Commission shall, in accordance with the procedure referred to in Article 144(2) of this Regulation, adapt the national ceilings set out in Annex VIIIa to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings Member States shall communicate to the Commission the regional average of the value of entitlements referred to in point N of Annex VII to this Regulation.’;

9.

in Article 145:

• the following point shall be inserted:

  ‘(d)e) detailed rules relating to the inclusion of wine support into the single payment scheme in accordance with Regulation (EC) No 479;’,

• the following point shall be inserted:

  ‘(n)a) with regard to wine, detailed rules relating to cross-compliance as laid down in Articles 20 and 103 of Regulation (EC) No 479;’;

10.

in the second column of Annex IV, the last indent shall be replaced by the following indent:

• ‘Maintenance of olive groves and vines in good vegetative condition’;

11.

the following points shall be added to Annex VII:

‘N. Wine (grubbing-up)

Farmers who participate in the grubbing-up scheme laid down in Chapter III of Title V of Regulation (EC) No 479 shall be allocated, in the year following the grubbing-up, payment entitlements equal to the number of hectares for which they have received a grubbing-up premium.

The unit value of these payment entitlements shall be equal to the regional average of the value of the entitlements of the corresponding region. However, the unit value shall in any case not exceed EUR 350/ha.

O. Wine (transfer from support programmes)

Where Member States choose to provide support in accordance with Article 9 of Regulation (EC) No 479, they shall establish the reference amount of each farmer as well as the applicable hectares referred to in Article 43(2) of this Regulation:

• on the basis of objective and non-discriminatory criteria,

• in respect of a representative reference period of one or more wine years starting from the wine year 2005/2006. However, the reference criteria used to establish the reference amount and applicable hectares shall not be based on a reference period including wine years after the wine year 2007/2008 where the transfer in support programmes concerns compensation to farmers who have hitherto received support for potable alcohol distillation or have been the economic beneficiaries of the support for the use of concentrated grape must to enrich wine under Regulation (EC) No 479,

• which shall not exceed the overall available amount for this measure referred to in Article 6(e) of Regulation (EC) No 479.’;

12.

in Annex VIII,

• an asterisk shall be inserted after the word ‘Italy’ in the first column of the table,

• the following shall be added underneath the table:

  ‘The amounts for Italy corresponding to years 2008, 2009 and 2010 shall be reduced by EUR 20 millions (see footnote to Annex II to Regulation (EC) No 479)’.

Article 124 U.K. Amendment to Regulation (EC) No 1290/2005

Article 12(2)of Regulation (EC) No 1290/2005, shall be replaced by the following:

‘2. The Commission shall set the amounts which, pursuant to Articles 10(2), 143d and 143e of Regulation (EC) No 1782/2003, Article 4(1) of Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003(2) and Article 23(2) of Council Regulation (EC) No 479 of 29 April 2008 on the common organisation of the market in wine(3), are made available to the EAFRD.’.

Article 125 U.K. Amendments to Regulation (EC) No 3/2008

Regulation (EC) No 3/2008 is hereby amended as follows:

1.

in Article 2:

• point (c) of paragraph 1 shall be replaced by the following:

  ‘(c)

  information campaigns on the Community system covering wines with a protected designation of origin or geographical indication, wines with an indication of the wine grape variety and spirit drinks with a protected geographical indication;’,

• paragraph 2 shall be replaced by the following:

  ‘2. On the internal market, the measures referred to in Article 1(1) may include actions of information on responsible drinking patterns and harm linked to hazardous alcohol consumption.

  On the internal market, eligible measures may also take the form of participation in events, fairs and exhibitions of national and European importance, by means of stands aimed at enhancing the image of Community products.’;

2.

point (e) of Article 3(1) shall be replaced by the following:

‘(e)

the desirability of providing information on the Community system covering wines with a protected designation of origin or geographical indication, wines with an indication of the wine grape variety and spirit drinks with a protected geographical indication and the need to inform on responsible drinking patterns and harm linked to hazardous alcohol consumption.’;

3.

the following subparagraph shall be added to Article 13(2):

‘The percentage provided for in the first subparagraph shall be 60 % for measures carried out in the Community concerning information on responsible drinking patterns and harm linked to hazardous alcohol consumption.’

CHAPTER II U.K. Transitional and final provisions

Article 126 U.K. Provisions facilitating transition

In accordance with the procedure referred to in Article 113(1), measures may be adopted:

(a)

to facilitate the transition from the arrangements provided for in Regulation (EC) No 1493/1999 to those established by this Regulation;

(b)

where required, to resolve specific practical problems. Such measures, if duly justified, may derogate from certain provisions of this Regulation.

Article 127 U.K. Applicability of State aid rules

1. Subject to paragraph 2, Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in the products covered by this Regulation.

[F1 2. Without prejudice to the maximum aid rates referred to in the second subparagraph of Article 8(4) of this Regulation, Articles 87, 88 and 89 of the Treaty shall not apply to payments made under Title II, Chapter III of Title V, and Article 119 of this Regulation by Member States in conformity with this Regulation.]

Textual Amendments

F1 Substituted by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007.

Article 128 U.K. Repeals, transitional continued applicability and references

1. Subject to paragraphs 2 and 3, Regulations (EEC) No 2392/86 and (EC) No 1493/1999 shall be repealed.

[X1 2. Regulation (EEC) No 2392/86 and Chapters I and II of Title V, Title VI, Articles 18 and 70 and the corresponding provisions in particular in the relevant Annexes to Regulation (EC) No 1493/1999 shall continue to apply until the corresponding Chapters of this Regulation start to apply in accordance with Article 129(2)(e).]

3. The following measures set out in Regulation (EC) No 1493/1999 shall continue to apply in so far as measures eligible under that Regulation have been commenced or undertaken before 1 August 2008:

(a) the measures under Chapters II and III of Title II (abandonment premiums and restructuring and conversion). However, no support shall be paid after 15 October 2008 under Chapter III of Title II;

(b) the measures under Title III (market mechanisms);

(c) the measures under Article 63 of Title VII (exports refunds).

4. References made to the repealed Regulation (EC) No 1493/1999 shall, where applicable, be construed as being made to this Regulation.

Editorial Information

X1 Substituted by Corrigendum 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 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (Official Journal of the European Union L 148 of 6 June 2008).

Article 129 U.K. Entry into force and applicability

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

2. It shall apply from 1 August 2008, except as follows:

(a) Articles 5 to 8 shall apply from 30 June 2008;

(b) Article 122 shall apply from 1 January 2008;

(c) Article 123 shall apply from 1 January 2009;

(d) Chapter III of Title V shall apply from 30 June 2008;

(e) Chapters II, III, IV, V and VI of Title III, Articles 108, 111 and 112 and the corresponding provisions in particular in the relevant Annexes shall apply from 1 August 2009 save as otherwise provided by way of regulation to be adopted in accordance with the procedure referred to in Article 113(1).

3. Chapter II of Title V shall apply until 31 December 2015.

(1)

OJ L 148, 6.6.2008, p. 1’;

(2)

OJ L 95, 5.4.2007, p. 1.

(3)

OJ L 148, 6.6.2008, p. 1’.