PART IIINTERNAL MARKET

TITLE IMARKET INTERVENTION

CHAPTER IIISystems of production limitation

F1Section IVaProduction potential in the wine sector

Subsection IITransitional planting right regime

Article 85jNational and regional reserve of planting rights

1

In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights.

2

Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the transitional planting right regime in accordance with this Subsection.

3

The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period:

a

new planting rights;

b

replanting rights;

c

planting rights granted from the reserve.

4

Producers may transfer replanting rights to national or regional reserves. The conditions of such transfer, where necessary in return for a payment from national funds, shall be determined by the Member States taking into account the legitimate interests of the parties.

5

By way of derogation from paragraph 1, Member States may decide not to implement a reserve system provided that they can prove that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may, where necessary, derogate from the relevant provisions of this Subsection.

The first subparagraph shall also apply to Member States which cease the operation of national or regional reserves under Regulation (EC) No 1493/1999.