Commission Regulation (EC) No 436/2009 (repealed)Dangos y teitl llawn

TITLE I VINEYARD REGISTER

Article 1 Purpose

This Title lays down detailed rules for applying Regulation (EC) No 479/2008 as regards the vineyard register.

Article 2 Definitions

For the purposes of this Title:

(a)

‘wine grower’ shall mean a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as defined in Article 299 of the Treaty, and who farms an area planted with vines;

(b)

‘vineyard parcel’ shall mean an agricultural parcel as defined in Article 2(1a) of Commission Regulation (EC) No 796/2004(1) with vines;

(c)

‘abandoned wine-growing area’ shall mean the total area of land under vines which is no longer subjected to regular cultivation with a view to obtaining a marketable product.

Article 3 Information contained in the vineyard register

1. In order to establish and maintain a vineyard register, Member States shall gather:

(a) for each wine grower with an area planted with vines of at least 0,1 hectares or subject to a declaration required under Community or national rules, information concerning:

(i)

his identity;

(ii)

the location of the vineyard parcels;

(iii)

the area of the vineyard parcels;

(iv)

the characteristics of the vines planted on the vineyard parcels;

(v)

unlawful plantings, planting rights and the grubbing-up scheme as provided for under Title V of Regulation (EC) No 479/2008;

(vi)

support for restructuring and conversion of vineyards and green harvesting as provided for in Articles 11 and 12 of Regulation (EC) No 479/2008;

(b) the areas of vineyard parcels not included under (a);

(c) in respect of any natural or legal person or group of such persons required to make the production declaration provided for in Article 9, information concerning:

(i)

his identity;

(ii)

the compulsory declarations provided for in Title II.

2. The information relating to the characteristics of each vineyard parcel shall be shown separately in the holding file. However, when possible because of the uniform nature of the vineyard parcels, the information may relate to a set of several adjacent parcels or part(s) of adjacent parcel(s) provided that identification of each parcel is still guaranteed.

3. The vineyard register shall contain at least the information gathered in accordance with paragraph 1, the details and specifications of which are set down in Annex I to this Regulation.

4. However, some Member States shall not be required to gather or include the following information in the vineyard register:

(a) the information corresponding to paragraph (3) of point 1.1 and paragraphs (5) to (7) of point 1.2 in Annex I when the Member States are not covered by the transitional planting right regime under Article 95 of Regulation (EC) No 479/2008;

(b) the information corresponding to paragraphs (9) and (10) of point 1.2 in Annex I when the Member States are not covered by the grubbing-up scheme under Article 105 of Regulation (EC) No 479/2008;

(c) the information corresponding to subparagraphs (b) and (c) of paragraph (3) of point 1.2 in Annex I when the Member States are exempted from the classification of wine grape varieties under Article 24(2) of Regulation (EC) No 479/2008.

Article 4 Keeping and updating information

Member States shall ensure that the data in the vineyard register are kept for as long as is necessary for the purposes of monitoring and verifying the measures to which they relate and in any event for at least five wine years following the wine year to which they relate.

Member States shall ensure that the vineyard register is updated regularly as and when the information gathered becomes available.

Article 5 Verification of information

Member States shall, at least every five years, verify that the structural situation arising from the ‘wine grower’ and ‘production’ files corresponds to the actual situation in relation to each wine grower and any natural or legal person or group of such persons required to submit the production declaration laid down in Article 9. The files shall be adapted on the basis of that verification.

(1)

OJ L 141, 30.4.2004, p. 18.