LegalizeCommission 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
TITLE I INTRODUCTORY PROVISIONS
TITLE II SUPPORT PROGRAMMES
CHAPTER I Procedure for submission
CHAPTER II Eligible measures
Section 7 Disposal of by-products
TITLE III TRADE WITH THIRD COUNTRIES
CHAPTER I Entry price arrangements for grape juice and must
TITLE IV PRODUCTION POTENTIAL
CHAPTER I Unlawful plantings
Article 55
Penalties in case of non-compliance with the grubbing-up obligation
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.
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.
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
Penalties collected within the meaning of this Article shall be retained by the Member State concerned.
Article 56
Penalties in case of non-compliance with prohibition of circulation
The penalties referred to in Article 87(2) of Regulation (EC) No 479/2008 shall be determined so as to mean an appropriate sanction for those who violated the provisions concerned.
The penalties referred to in paragraph 1 shall be imposed if a producer concerned, having more than 0.1 hectares of vineyard area, and according to the appropriate case:
- (a) does not submit the distillation contract by the deadline specified in the second subparagraph of Article 57(1) or these contracts do not cover the entire production concerned, as declared in the harvest or production declaration; or
- (b) does not inform the competent authority about the intended green harvesting by the deadline specified in the third subparagraph of Article 57(1) or does not carry out the green harvesting in a satisfactory manner.
Member States shall impose the penalties referred to in paragraph 1:
- (a) in case of non-submission of the distillation contract, one month after the expiry of the deadline laid down in the second subparagraph of Article 57(1);
- (b) in case of failure to comply with the rules about green harvesting, on 1 September of the calendar year concerned.
Penalties collected within the meaning of this Article shall be retained by the Member State concerned.
Article 57
Non-circulation or distillation
In case of Article 87(1) of Regulation (EC) No 479/2008, the grapes or products made from grapes may only have one the following destinations:
- (a) distillation at the exclusive expense of the producer;
- (b) green harvesting in accordance with the definition of Article 12(1) of Regulation (EC) No 479/2008, at the expense of the producer concerned;
- (c) family consumption; this possibility is only acceptable if the producer’s vineyard area does not exceed 0,1 ha.
In case of the distillation foreseen in point (a) of the first subparagraph:
- — producers shall submit the distillation contract foreseen in Article 87(1) of Regulation (EC) No 479/2008 by the end of the wine year in which the products were produced,
- — products produced before regularisation of the vineyard in accordance with Article 86(1) of Regulation (EC) No 479/2008 shall be subject to the distillation obligation.
In case of the green harvesting as foreseen in point (b) of the first subparagraph, producers shall inform the competent authority in advance about their intention before a date fixed by the Member States in accordance with Article 12(1)(b). Member States shall control green harvesting according to Article 12(1)(d) of this Regulation.
Without prejudice to paragraph 1, in order to facilitate control, Member States may foresee an obligation to the producers to notify the competent authority of the Member State before the date fixed by the Member States in accordance with Article 12(1)(b) which of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1 of this Article they are going to choose.
Member States may also limit the choice of producers to only one or two of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1.
In case the given producer has vineyards the products from which may be marketed, the competent authorities shall be responsible for ensuring that the products from the unlawful planting are not added to the products of these other vineyards that are marketed.
Article 58
Communications
Member States shall communicate to the Commission by 1 March each year the areas for which penalty was paid and the amount of penalty that was actually imposed in the form set out in Table 1 of Annex XIII. They shall also communicate to the Commission their legislation related to these penalties.
Such obligation shall no longer apply to those Member States where no unlawful plantings remain to be grubbed up.
Save as otherwise indicated in the appropriate tables of Annex XIII to this Regulation, the communications referred to in Article 85c(3), Article 188a(1) and Article 188a(2) of Regulation (EC) No 1234/2007 shall refer to the previous wine year.
The yearly communications shall be made in the forms set out in Tables 3 and 7 of Annex XIII to this Regulation.
Member States may decide whether or not to include details related to regions in the communications referred to in paragraphs 1 and 2.
Article 59
Reductions imposed on Member States
In case Member States fail to communicate any of the tables by the relevant deadlines, except for Table 2, referred to in Article 58, in the form laid down in Annex XIII to this Regulation, containing the information specified in Articles 85(4), 86(5) and 87(3) of Regulation (EC) No 479/2008 and filled in appropriately, their allocation for the support measures referred to in Article 7 of Regulation (EC) No 479/2008 may be reduced as foreseen in Article 89(a) of Regulation (EC) No 479/2008. The Commission may decide that, according to the scope of the failure, for every month of delay, an amount of up to a total of 1 % of the allocation for the support measures of the given Member State shall be forfeited starting from the beginning of the wine year following the one in which the communication was due.
CHAPTER II Transitional planting right regime
Article 61
Member States communication obligations related to new planting rights
Member States shall communicate to the Commission by 1 March 2016 the following information in respect of the period from 1 August 2014 to 31 December 2015:
- (a) the total areas for which new planting rights have been granted in accordance with each of paragraphs 1, 2 and 3 of Article 60; and
- (b) the total area for which new planting rights have been granted cumulatively in accordance with Article 85h of Regulation (EC) No 1234/2007; where a Member State makes use of the derogation provided for in Article 60(6) of this Regulation, it shall instead communicate an estimate of the total area concerned, which shall be based on the results of the monitoring carried out.
This communication shall be made in the form set out in Table 8 of Annex XIII to this Regulation.
Member States may decide whether or not to include details related to regions in the communication.
Article 65
Reserves of planting rights
Member States shall, in the form laid down in Table 9 of Annex XIII, communicate to the Commission by 1 March 2016 the following information in respect of the period from 1 August 2014 to 31 December 2015:
- (a) the planting rights allocated to the reserves;
- (b) the planting rights granted from the reserve against or without payment.
CHAPTER IV Inventory and measurement of the area planted
TITLE V CONTROLS IN THE WINE SECTOR
CHAPTER I Principles of control
TITLE VI GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 103
Repeal and references
Regulations (EC) No 1227/2000, (EC) No 1623/2000, (EC) No 2729/2000 and (EC) No 883/2001 are repealed.
However,
- (a) The relevant rules set out in Regulations (EC) No 1227/2000 and (EC) No 1623/2000 shall continue to apply in so far as measures eligible under Regulation (EC) No 1493/1999 have been commenced or undertaken before 1 August 2008;
- (b) Table 9 of the Annex to Regulation (EC) No 1227/2000 shall continue to apply unless otherwise provided in an implementing regulation on the labelling and presentation of wines to be adopted on the basis of Article 63 of Regulation (EC) No 479/2008;
- (c) Annex I to Regulation (EC) No 1623/2000 shall remain in force until 31 July 2012.
References to the repealed Regulations in accordance with paragraph 1 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXII.
Article 104
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 August 2008.
However, Article 2 and Chapter III of Title IV shall apply as from 30 June 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX XXII
Correlation tables referred to in Article 103(2)
Regulation (EC) No 1227/2000
| Regulation (EC) No 1227/2000 | This Regulation |
|---|---|
| Article 3 | Article 60 and 61 |
| Article 4(1) | Article 62 |
| Article 4(2)-(7) | Article 63 |
| Article 4(8) | Article 64 |
| Article 5(1) | Article 65(1) |
| Article 5(3) | Article 64 |
| Article 5(4) | Article 65(2) |
| Article 5(5) | Article 65(3) |
| Article 5(6) | Article 65(4) |
| Article 8(1) | Article 70(1) |
Regulation (EC) No 1623/2000
| Regulation (EC) No 1623/2000 | This Regulation |
|---|---|
| Article 12 | Article 32 |
| Article 13 | Article 33 |
| Article 14a(1) | Article 34 |
| Article 46(2) | Article 21(3) |
| Article 50(2) | Article 22 |
Regulation (EC) No 2729/2000
| Regulation (EC) No 2729/2000 | This Regulation |
|---|---|
| Article 2(3) | Article 76(d) |
| Article 2(4) | Article 76(e) |
| Article 3(1) | Article 82(1) |
| Article 3(2) | Article 82(2) |
| Article 4 | Article 83 |
| Article 5 | Article 81 |
| Article 7 | Article 84 |
| Article 8 | Article 85 |
| Article 9 | Article 86 |
| Article 10 | Article 87 |
| Article 11 | Article 88 |
| Article 12 | Article 89 |
| Article 13 | Article 90 |
| Article 14 | Article 91 |
| Article 15 | Article 92 |
| Article 16 | Article 93 |
| Article 17 | Article 94 |
| Article 19 | Article 95 |
Regulation (EC) No 883/2001
| Regulation (EC) No 883/2001 | This Regulation |
|---|---|
| Article 14(1) | Article 39(1) |
| Article 20 | Article 40 |
| Article 21 | Article 41 |
| Article 22 | Article 42 |
| Article 24 | Article 43 |
| Article 25 | Article 44 |
| Article 26 | Article 45 |
| Article 27(1) | Article 46 |
| Article 28 | Article 47 |
| Article 29 | Article 48 |
| Article 30 | Article 49 |
| Article 31(2) | Article 51 |
| Article 32 | Article 50 |
| Article 34a | Article 52 |
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