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Commission Regulation (EC) No 555/2008Show full title
Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector
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- Revised 03/03/20180.26 MB
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- Revised 02/07/20121.42 MB
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- Revised 05/08/20091.20 MB
- Revised 28/01/20090.41 MB
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Article 55Penalties in case of non-compliance with the grubbing-up obligation
1.The penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 shall be determined so as to provide an appropriate sanction for those who violated the provisions concerned.
Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall determine the penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 on the basis of the following principles:
(a)basic financial penalty to be imposed shall be at least EUR 12 000/ha;
(b)Member States may increase the penalty based on the commercial value of the wines produced in the vineyards concerned.
2.Member States shall impose the penalty referred to in Article 85(3) of Regulation (EC) No 479/2008:
(a)for unlawful plantings existing at the time of the entry into force of this Regulation for the first time on 1 January 2009;
(b)for unlawful plantings from after the entry into force of this Regulation for the first time with effect of the date of those plantings.
The penalty shall be levied again every 12 months, counted from those dates and in accordance with the criteria established in paragraph 1 of this Article, until compliance with the grubbing-up obligation.
3.Member States shall impose the penalty referred to in Article 86(4) second subparagraph of Regulation (EC) No 479/2008 for the first time on 1 July 2010 for non-compliance with the grubbing-up obligation and thereafter every 12 months until compliance in accordance with the criteria established in paragraph 1 of this Article
4.Penalties collected within the meaning of this Article shall be retained by the Member State concerned.
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