Council Regulation (EC) No 1493/1999 (repealed)Show full title

TITLE II U.K. PRODUCTION POTENTIAL

CHAPTER I U.K. PLANTING OF VINES

Article 2 U.K.

1. Planting with vines of wine grape varieties classified pursuant to Article 19(1) shall be prohibited until 31 July 2010 unless carried out pursuant to:

(a) a new planting right, as referred to in Article 3;

(b) a replanting right, as referred to in Article 4; or

(c) a planting right granted from a reserve, as referred to in Article 5 or in Article 6(1) in the case of the application of Article 5(8).

Until the same date, grafting of wine grape varieties on to varieties other than wine grape varieties shall also be prohibited.

2. Grapes obtained from areas:

(a) where vines have been planted before 1 September 1998, and

(b) whose production, according to Articles 6(3) or 7(4) of Regulation (EEC) No 822/87, could only be disposed of by distillation,

may not be used for producing wine which is to be marketed. Products made from such grapes may be put into circulation only for the purposes of distillation. However, these products may not be used in the preparation of alcohol having an actual alcoholic strength by volume of 80 % vol or less.

3. Where a Member State has compiled the inventory of wine production potential in accordance with Article 16, it may derogate from paragraph 2 of this Article. Such a derogation shall be granted by 31 July 2002 and shall involve permission being granted for the areas concerned to produce wine which is to be marketed.

The derogation shall be granted:

(a) where the producer concerned had previously grubbed up other vines on an equivalent area in terms of pure crop except in cases where the grower concerned has received a premium for grubbing-up under Community or national legislation in respect of the area concerned; and/or

(b) by permitting the use of replanting rights where a producer has obtained them within a period to be fixed subsequent to the planting of the area concerned; Member States may also use the newly created planting rights for this purpose under Article 6(1); and/or

(c) where the Member State can prove (to the satisfaction of the Commission) that it has unclaimed replanting rights which would still be valid if they had been applied for; such rights may be used and reallocated to producers for an area equivalent in pure crop; and/or

(d) where the producer concerned had undertaken to grub up an area equivalent in terms of pure crop, within a period of three years, where that area has been entered in the Vineyard Register of the Member State concerned.

4. Where paragraph 3(a) or (c) is applied, Member States shall impose an appropriate administrative penalty on the producers concerned.

5. Paragraph 3(c) may only be used in respect of an area no greater than the limit of 1,2 % of the area under vines.

6. Where paragraph 3(b) is applied:

(a) where the grower obtains the rights from a reserve, these may only be obtained under Article 5(3)(b) and he shall pay 150 % of the price normally charged by Member States under that provision, or

(b) where the grower purchases a replanting right, this shall cover the area concerned, plus 50 %, which latter amount shall be transferred to the reserve or the reserves in accordance with Article 5 or added to the volume of newly created planting rights in Article 6(1) where Article 5(8) is applied.

7. Areas planted with vines of wine grape varieties classified pursuant to Article 19(1):

(a) planted from 1 September 1998 whose production according to Articles 6(3) or 7(4) of Regulation (EEC) No 822/87 could only be disposed of by distillation, or

(b) planted in breach of the prohibition on plantings in paragraph 1,

shall be grubbed up. The expenses of such grubbing up shall be borne by the producer concerned. Member States shall take the measures necessary to ensure that this paragraph is applied.

Article 3 U.K.

1. Member States may grant new planting rights to producers in respect of areas:

(a) intended for new planting carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national legislation,

(b) intended for wine-growing experiments, or

(c) intended for graft nurseries.

Member States may also grant new planting rights in respect of areas whose wine or vine products are intended solely for the consumption of the vine grower's family.

2. Member States may also grant new planting rights no later than 31 July 2003 for areas for the production of a quality wine prs or a table wine described by means of a geographical indication where it has been recognised that, owing to its quality, the production of the wine in question is far below demand.

3. New planting rights shall be used by the producer to whom they were granted, in respect of the areas and for the purposes for which they were granted.

4. New planting rights shall be used before the end of the second wine year after the one in which they were granted. New planting rights other than those referred to in paragraph 1 not so used during this period shall be allocated to a reserve in accordance with Article 5(2)(a).

5. New planting rights other than those referred to in paragraph 1 may only be granted to producers within the quantities set out in Article 6(1). To this end:

(a) prior to the allocation of the newly created planting rights referred to in Article 6 to a reserve or reserves, Member States shall ensure that the grant of new planting rights does not reduce the volume of the newly created planting rights in Article 6(1) to a value less than zero; and

(b) once a Member State has allocated the newly created planting rights referred to in Article 6 to a reserve or reserves, the subsequent granting of a new planting right shall mean that a planting right corresponding to an equal area in terms of pure crop allocated to the reserve or reserves related to the region in question shall be extinguished. Should sufficient planting rights not be available in the reserve or reserves concerned, the grant of new planting rights may not take place.

Article 4 U.K.

1. Replanting rights shall be:

(a) replanting rights granted under paragraph 2; or

(b) similar rights acquired under prior Community or national legislation.

2. Member States shall grant replanting rights to producers who have grubbed up an area of vines. Member States may grant replanting rights to producers who untertake to grub up an area of vines, before the end of the third year after which the area was planted. The replanting rights shall be for an area equivalent in terms of pure crop to that from which vines have been or are to be grubbed up.

3. Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out.

4. By way of derogation from paragraph 3, replanting rights may be transferred, in whole or in part, to another holding in the same Member State where:

(a) part of the holding concerned is transferred to that other holding. In this case, the right may be used on an area on the latter holding no greater than the area transferred; or

(b) areas on that other holding are intended for:

(i)

the production of quality wines psr or table wines which are described by means of a geographical indication, or

(ii)

for the cultivation of graft nurseries.

The rights may only be used in respect of the areas and for the purposes for which they were granted.

Member States shall ensure that the application of these derogations shall not lead to an overall increase in production potential on their territory, in particular when transfers are made from non-irrigated to irrigated areas.

5. Replanting rights acquired under this Regulation shall be used before the end of the fifth wine year after the end of the one during which the grubbing-up took place. By way of derogation, this period may be extended by Member States to up to eight wine years. Replanting rights not used during this period shall be allocated to a reserve pursuant to Article 5(2)(a).

Article 5 U.K.

1. In order to improve the management of production potential, at a national and/or regional level, Member States shall create a national reserve, and/or as the case may be, regional reserves, of planting rights.

2. The following shall be allocated to the reserve or reserves:

(a) new planting rights, replanting rights and planting rights granted from the reserve which are not used within the time limits laid down respectively in Article 3(4), Article 4(5) and paragraph 6 of this Article;

(b) replanting rights allocated to the reserve by producers who hold such rights, where necessary in return for a payment from national funds, the amount of which, and any other detail of which, shall be determined by the Member States taking into account the legitimate interests of the parties;

(c) newly created planting rights, as referred to in Article 6[F1 ;]

[F2 (d) for Cyprus, planting rights of 2 000  ha for the production of quality wines out of the Cyprus national reserve existing before accession. Cyprus shall provide the Commission with a list of the regions which will be allocated the planting rights coming from this national reserve.]

3. Member States may grant the rights allocated to the reserve:

(a) without payment, to producers who are under 40 years of age, who possess adequate occupational skill and competence, who are setting up for the first time on a wine-producing holding and who are established as the head of the holding; or

(b) against payment into national and, if appropriate, regional funds, to producers who intend to use the rights to plant vineyards whose production has an assured outlet. The Member States shall define the criteria for setting the amounts of the payment which may vary depending on the final intended product of the vineyards concerned.

4. Member States shall ensure that the location where planting rights granted from a reserve are used, the varieties used and the cultivation techniques used guarantee that the subsequent production is adapted to market demand and that the yields concerned are typical of the average in the region where such rights are used, in particular, where planting rights originating in non-irrigated areas are used in irrigated areas.

5. Planting rights allocated to a reserve may be granted from it no later than the end of the fifth wine year following the one during which they were allocated to it. Planting rights not granted by that time shall be extinguished.

6. Planting rights granted from a reserve shall be used before the end of the second wine year after the one in which they were granted. Planting rights granted from a reserve not so used during this period shall be allocated to a reserve under paragraph 2(a).

7. When a Member State creates regional reserves, it may lay down rules permitting the transfer of planting rights between regional reserves. If regional and national reserves coexist in the same Member State, transfers between such transfers may also be permitted.

The transfers referred to in this paragraph may be subject to a reduction coefficient.

8. By way of derogation fram paragraphs 1 to 7, a competent authority of a Member State may choose not to implement the reserve system provided that the Member State can prove that an effective system for managing planting rights exists throughout its territory. That system may, where necessary, derogate from the relevant provisions of this Chapter. Where a Member State has such a system, replanting rights as referred to in the first sentence of Article 4(5) shall be extended by five wine years. The second sentence of Article 4(5) shall remain applicable.

Textual Amendments

F1 Substituted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

F2 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Article 6 U.K.

1. The newly created planting rights, including the new planting rights granted by the Member States under Article 3(2), shall be allocated as follows:

Germany

:

1 534 ha

Greece

:

1 098 ha

Spain

:

17 355 ha

France

:

13 565 ha

Italy

:

12 933 ha

Luxembourg

:

18 ha

Austria

:

737 ha

Portugal

:

3 760 ha

Community reserve

:

17 000 ha.

2. The newly created planting rights may only be allocated to a reserve or used under Article 2(3)(b) where the Member State has compiled the inventory of production potential in accordance with Article 16.

3. The allocation of the newly created planting rights referred to in paragraph 1 to a reserve or their use under Article 2(3)(b) may only take place once.

[F2 4. For the Czech Republic, newly created planting rights shall be allocated for the production of quality wines psr amounting to 2 % of the total vineyard area in use in the Czech Republic on 1 May 2004 . These rights shall be allocated to a national reserve to which Article 5 shall apply.

For Malta, newly created planting rights shall be allocated for the production of quality wines psr up to a total planted wine area in Malta of 1 000  ha. These newly created planting rights shall be used at the latest by the 2005/2006 wine year. If these rights are not used by the 2005/2006 wine year, they shall be allocated to the reserve to which Article 5 shall apply.]

Textual Amendments

F2 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Article 7 U.K.

1. The following definitions shall apply to this Chapter:

(a) grubbing-up means the complete elimination of all vine stocks on a plot planted with vines;

(b) planting means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery;

(c) planting rights means the right to plant vines under a new planting right, a replanting right, a planting right granted from a reserve or a newly created planting right in accordance with the conditions laid down respectively in Articles 3, 4, 5 and 6;

(d) replanting right means the right to plant vines for an area equivalent in terms of pure crop to that from which vines have been grubbed up or are to be grubbet up in accordance with the conditions laid down in Article 4 and Article 5(8);

(e) grafting-on (surgreffage) means the grafting of a vine which has already been the subject of a previous grafting.

2. Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include:

• the provisions governing the distillation of the products referred to in Article 2(7),

• provisions to avoid excessive administrative charges when applying the provisions of this Chapter,

• recognition referred to in Article 3(2)

• the coexistence of vines pursuant to Article 4(2),

• the application of the reduction coefficient referred to in Article 5(7),

• the operation of the Community reserve referred to in Article 6(1). In particular the rules may provide in the period up to 31 December 2003 for the allocation of newly created planting rights from the Community reserve to Member States for use in regions where it can be shown that there is additional need which could be met by the allocation of those newly created planting rights,

• provisions to ensure that the new planting rights granted in accordance with Article 3(1) do not undermine the ban on new plantings in Article 2(1).

3. By 31 December 2003, and at three-yearly intervals from the date, the Commission shall submit a report to the European Parliament and the Council on the operation of this Chapter. The report may be accompanied, if appropriate, by proposals for the grant of further newly created planting rights.

CHAPTER II U.K. ABANDONMENT PREMIUMS

Article 8 U.K.

1. A premium may be granted in return for the permanent abandonment of vine-growing on a particular area.

The premium may be granted, subject to the provisions of this Chapter, to producers of cultivated vine-growing areas for the production of wine grapes. The area concerned shall not be less than 10 acres.

2. Member States may designate in which areas, if any, the premium may the granted. They may also subject the designation to conditions, including those intended to ensure a balance between production and ecology in the regions concerned.

3. The grant of the premium shall cause the producer to forfeit any replanting rights in respect of the area for which the premium is granted.

4. Member States shall fix the level of the premium per hectare, taking into account:

(a) the agricultural yield or production capacity of the holding,

(b) the method of production,

(c) the area concerned in comparison with the area of the holding,

(d) the type of wine produced,

(e) the existence of associated cultivation.

5. The level of the premium shall not exceed levels to be laid down.

Article 9 U.K.

The following shall not qualify for the premium:

(a)

cultivated wine-growing areas in respect of which infringements of Community or national provisions regarding planting have been recorded during a period to be determined which shall not exceed 10 wine years;

(b)

wine-growing areas which are no longer tended;

(c)

wine-growing areas which were planted during a period to be determined which shall not exceed to wine years;

(d)

wine-growing areas which have received financing for their restructuring and conversion during a period to be determined which shall not exceed to wine years.

Article 10 U.K.

Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

These rules may in particular include:

(a)

the dates for the submission of applications and for the execution of grubbing-up;

(b)

conditions for the grant of payments;

(c)

the maximum levels of the premium referred to in Article 8(5);

(d)

environmental considerations;

(e)

laying down the periods referred to in Article 9.

CHAPTER III U.K. RESTRUCTURING AND CONVERSION

Article 11 U.K.

1. A system for the restructuring and conversion of vineyards is hereby established.

2. The objective of the system shall be the adaptation of production to market demand.

3. The system shall cover one or more of the following measures:

(a) varietal conversion, including by means of grafting-on;

(b) relocation of vineyards;

(c) improvements to vineyard management techniques related to the objective of the system.

The system shall not cover the normal renewal of vineyards which have come to the end of their natural life.

[F3 It shall cover the new planting rights awarded within the framework of material improvement plans referred to in Regulation (EC) No 950/97 and those awarded to young farmers during the 2000/2001, 2001/2002 and 2002/2003 marketing years.]

4. Only in those regions of a Member State in respect of which the Member State has compiled the inventory of production potential in accordance with Article 16 shall there be access to the system.

Textual Amendments

F3 Inserted by Council Regulation (EC) No 2585/2001 of 19 December 2001 amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine.

Article 12 U.K.

Member States shall be responsible for restructuring and conversion plans, including, where appropriate, the approval of plans. Plans shall comply with the rules laid down in this Chapter and implementing legislation.

Article 13 U.K.

1. Support for restructuring and conversion shall only be granted in relation to plans which have been drawn up and, where necessary, approved by Member States. Support shall take the following forms:

(a) compensation of producers for the loss of revenue due to implementation of the plan, and

(b) contribution to the costs of restructuring and conversion.

2. The compensation of producers for loss of revenue may take either of the following forms:

(a) permission for the coexistence of both old and new vines for a fixed period which shall not exceed three years, notwithstanding the provisions of Chapter I of this Title; or

(b) financial compensation, which shall be funded by the Community.

3. The Community contribution to the costs of restructuring and conversion shall not exceed 50 % of those costs. However, in regions classified as Objective 1 in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), the Community contribution shall not exceed 75 %. Without prejudice to Article 14(4), Member States may not contribute to the cost in either case.

Article 14 U.K.

1. The Commission shall make initial allocations to Member States per year on the basis of objective criteria taking into account particular situations and needs, and efforts to be undertaken in the light of the objective of the scheme.

2. Initial allocations shall be adapted in view of real expenditure and on the basis of revised expenditure forecasts submitted by the Member States taking into account the objetive of the scheme and subject to funds available.

3. Financial allocation between Member State shall take due account of the proportion of the Community vineyard area in the Member State concerned.

4. Where a financial allocation in respect of a certain number of hectares has been made to a Member State, that Member State may use that financial allocation in respect of a greater number of hectares than that allocated. In this context, the Member State may use national funds to increase the reduced amount per hectare up to the level of the original ceiling per hectare of the Community allocation.

Article 15 U.K.

Detailed rules for the implementation of this Chapter shall be adopted according to the procedure laid down in Article 75.

These rules may in particular include:

(a)

a minimum size for the vineyard concerned;

(b)

[F4 provisions governing the use of replanting rights in general and of new planting rights awarded within the framework of material improvement plans and to young farmers, in the implementation of programmes;]

(c)

provisions aiming to prevent an increase in production potential arising out of this Chapter;

(d)

maximum amounts of support per hectare.

Textual Amendments

F4 Substituted by Council Regulation (EC) No 2585/2001 of 19 December 2001 amending Regulation (EC) No 1493/1999 on the common organisation of the market in wine.

CHAPTER IV U.K. INFORMATION AND GENERAL PROVISIONS

Article 16 U.K.

1. The inventory of production potential shall contain the following information:

(a) the areas under vines classified as varieties for the production of wine pursuant to Article 19(1) on the territory of the Member State concerned:

(b) the varieties concerned;

(c) the total stock of existing planting rights;

(d) any national or regional provisions adopted pursuant to this Title.

2. A Member State may provide that the inventory may be drawn up on a regional basis. However, in this case, all regional inventories shall be drawn up by 31 December 2001. In accordance with the provisions of this Regulation, failure by a region to draw up the inventory shall not prevent the application of this Title in other regions of that Member State.

Article 17 U.K.

1. The Commission may assess:

(a) the production of wine-sector products;

(b) the industrial use of these products;

(c) the consumption trends for wine and other wine-sector products which are consumable without further processing;

(d) any other factor which needs to be known for the purposes of managing the market or a system for adjusting supply.

2. When making these assessments, the Commission may use external assistance.

3. The Commission shall fund an independent study on the use of interspecific varieties. On the basis of this study it shall present by 31 December 2003 a report to the European Parliament and the Council accompanied, if appropriate, by proposals.

Article 18 U.K.

1. Producers of grapes for wine-making and producers of must and wine shall declare each year the quantities produced from the last harvest. Member States may also require merchants of grapes for wine-making to declare each year the quantities marketed from the last harvest.

2. Producers of must and wine, and merchants other than retailers, shall declare each year their stocks of must and wine, whether from the current year's harvest or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately.

Article 19 U.K.

1. Member States shall classify vine varieties for the production of wine. All classified varieties shall belong to the specifies Vitis vinifera or come from a cross between this species and other species of the genus Vitis. The following varieties may not be included in the classification:

• Noah

• Othello

• Isabelle

• Jacquez

• Clinton

• Herbemont.

2. In their classification, Member States shall indicate the vine varieties suitable for the production of each of the quality wines psr produced in their territory. These varieties shall be of the species Vitis vinifera.

[F2 Should Poland be classified as a wine growing zone under Article 1(3), Poland shall upon accession indicate the vine varieties suitable for the production of each of the quality wines produced in its territory.]

3. Only those vine varieties which are shown in the classification may be planted, replanted or grafted within the Community for the purpose of wine production. This restriction shall not apply to vines used for scientific research and experiments.

4. Areas planted with vine varieties for the purpose of wine production not entered in the classification shall be grubbed up, save where the production of those areas is intended exclusively for the consumption of the wine producer' family. Member States shall take the measures necessary to monitor this exception.

5. Where varieties are deleted from the classification, grubbing-up shall take place within 15 years of their deletion.

Textual Amendments

F2 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

Article 20 U.K.

The rules governing the Community vineyard register shall be those set out in Regulation (EEC) No 2392/86.

Article 21 U.K.

Chapters I and II of this Title shall not apply in Member States where wine production does not exceed 25 000 hectolitres per wine year. This production shall be calculated on the basis of the average production during the last five wine years.

Article 22 U.K.

Member States may adopt more restrictive national rules in respect of the new planting or replanting of vines or grafting-on. They may require that the applications and information provided for in this Title be supplemented by other information necessary for monitoring the development of production potential.

Article 23 U.K.

1. Detailed rules for the application of this Chapter shall be adopted in accordance with the procedure laid down in Article 75.

They may in particular deal with:

(a) the format and level of detail of the information required for the inventory referred to in Article 16;

(b) the management of the classification of vine varieties referred to in Article 19;

(c) the destination of products from grape varieties which do not figure in this classification.

2. Provisions for an accompanying document for vine vegetative multiplication materials and detailed rules for its application, including those concerned with control, may be adopted in accordance with the procedure laid down in Article 75.

3. Regulation (EEC) No 2392/86 may be amended or repealed in accordance with the procedure laid down in Article 75.

4. In accordance with the procedure laid down in Article 75, it shall be decided whether a Member State has compiled the inventory referred to in Article 16, and whether that decision should be revoked in appropriate circumstances, including where the Member State has failed to update the inventory as necessary.

(1)

OJ L 161, 26.6.1999, p. 1.