Commission Regulation (EC) No 555/2008Show full title

Article 60 U.K. New planting rights

1. Where Member States grant new planting rights in respect of areas intended for new planting carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national legislation, they shall ensure that these rights are not granted for an area greater in terms of pure crop than 105 % of the area under vines which was the subject of the measures for land consolidation or measures concerning compulsory purchases in the public interest.

2. Where Member States grant new planting rights in respect of areas intended for experiments, products made from grapes coming from such areas may not be marketed throughout the experimental period.

3. Where Member States grant new planting rights in respect of areas intended for graft nurseries, grapes of such vines shall either not be harvested or, if harvested, shall be destroyed throughout the period of production of the graft nurseries.

4. New planting rights granted under paragraphs 2 and 3 shall only apply during the experimental period or the period of production of the graft nurseries, respectively.

After the period referred to in the first subparagraph, either:

(a) the producer shall use replanting rights or planting rights granted from a reserve in order to permit the area concerned to produce wine which is to be marketed; or

(b) the vines planted on such areas shall be grubbed up; the expenses of such grubbing-up shall be borne by the producer concerned; until the area concerned is grubbed up, products made from grapes coming from such areas may be put into circulation only for the purposes of distillation, at the expense of the producer; these products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % vol. or less.

5. New planting rights, and any conditions on the use of such rights or areas planted pursuant to them granted prior to 1 August 2000 in respect of areas intended for experiments or graft nurseries shall continue to apply during the experimental period or the period of production of the graft nurseries, respectively. The rules in the second subparagraph of paragraph 4 shall apply to such areas after the end of the experimental period or the period of the production of the graft nurseries, respectively.

6. In the case of Article 91(1)(d) of Regulation (EC) No 479/2008, in order to avoid an excessive administrative burden being imposed, a Member State may, instead of granting new planting rights, provide that areas whose wine or vine products are intended solely for consumption by the vine grower’s family shall not be subject to the grubbing-up requirement in Article 85(1) of that Regulation. Member States may do so only on condition that:

(a) the area in respect of any given grower does not exceed a maximum area to be laid down by that Member State, which may, in any case, not be larger than 0,1 hectare; and

(b) the vine grower concerned is not involved in commercial wine production.

7. The marketing of the wine or vine products coming from the areas referred to in paragraph 6 shall be prohibited. Member States shall apply an appropriate system to monitor this prohibition. Should a breach of this prohibition be discovered, then in addition to any penalties imposed by the Member State, point (b) of the second subparagraph of paragraph 4 shall apply. Member States shall record all cases dealt with under this paragraph.