Legalize / European Union / Implementing Regulation

Commission Implementing Regulation (EU) 2016/1150 of 15 April 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector

Type Implementing Regulation

Publication 2016-04-15

State In force

Department European Commission

Source EUR-Lex

Reform history JSON API

CHAPTER I

PROCEDURE FOR THE SUBMISSION AND MODIFICATION OF THE SUPPORT PROGRAMMES

Article 1

Programming period and notification of relevant national legislation

The draft support programme as referred to in Article 41(1) of Regulation (EU) No 1308/2013 shall refer to the following five year periods:

(a) the financial years 2014 to 2018;

(b) the financial years 2019 to 2023.

Member States shall make their draft support programme for the financial years 2019 to 2023 available to the Commission by electronic means using the model set out in Annex Ia.

Member States shall make the financial allocation of the draft support programme for the financial years 2019 to 2023 available to the Commission by electronic means using the model set out in Annex IIa.

Article 2

Changes to support programmes

However, those deadlines shall not apply in case of emergency measures due to natural disasters within the meaning of Article 2(9) of Commission Regulation (EU) No 702/2014 (¹) or an adverse climatic event which can be assimilated to a natural disaster within the meaning of Article 2(16) of that Regulation or other exceptional circumstances.

The changes referred to in paragraph 1 shall be indicated in the support programme that shall be submitted to the Commission using the model set out in Annex I or Annex Ia and shall comprise:

(a) the reasons for the proposed changes;

(b) an updated version of the financial table by using the model set out in Annex II or Annex IIa where the changes to the support programme entail a revision of the financial allocation.

Article 3

Content of support programmes

A support programme shall comprise:

(a) for each of the specific support measures laid down in Articles 45 to 52 of Regulation (EU) No 1308/2013: (i) a description of the proposed strategy and quantified objectives; (ii) the natural or legal persons that may submit applications; (iii) the application procedure; (iv) the eligibility criteria; (v) the eligible and non-eligible costs; (vi) where relevant, whether standard scales of unit costs or contributions in kind are applicable and, if so, the information on the method of calculation and annual adaptation; (vii) where applicable, the priority criteria and respective weighting; (viii) the selection procedure; (ix) the deadlines for the payments to beneficiaries; (x) where relevant, whether advances may be granted, the maximum rate and conditions; (xi) where relevant, the details on the demarcation with other Union or national schemes and on the verification system implemented to avoid double funding; (xii) where relevant, whether State aid is granted;

(b) the results of consultation held;

(d) an appraisal showing the expected technical, economic, environmental and social impact;

(e) a schedule for implementing the measures;

(f) a general financing table as set out in Annex II or Annex IIa to this Regulation;

(g) the criteria and other quantitative indicators to be used for monitoring and evaluation;

(h) the steps taken to ensure that the programme is implemented appropriately and effectively;

(i) the name and address of the competent authorities and bodies responsible for implementing the programme;

(j) the internet site where the national legislation related to the support programme is publicly available.

CHAPTER II

PROVISIONS ON SPECIFIC SUPPORT MEASURES

SECTION 1

Promotion

Subsection 1

Information in the Member States

Article 4

Application procedure

For the support referred to in point (a) of Article 45(1) of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure and the procedure for the possible extension of the support, as referred to in Article 4 of Delegated Regulation (EU) 2016/1149, which shall include rules on:

(a) the legal persons that may submit applications in accordance with Article 3 of Delegated Regulation (EU) 2016/1149;

(b) the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for their examination and for the notification of the results of the selection procedure to the operators;

(c) the verification of compliance with the provisions on eligible operations, eligibility criteria, priority criteria and other objective criteria set out in Subsection 2 of Section 1 of Chapter II of Delegated Regulation (EU) 2016/1149;

(d) the selection of the applications, which shall at least include the weighting attributed to each priority criterion;

(e) the conclusion of contracts including possible standard forms;

(f) arrangements for the payment of advances and the provision of securities;

(g) the evaluation of any given supported operation on the basis of appropriate indicators.

Subsection 2

Promotion in third countries

Article 5

Application procedure

For the support referred to in point (b) of Article 45(1) of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure and the procedure for the possible extension of the support as referred to in Article 4 of Delegated Regulation (EU) 2016/1149, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 3 of Delegated Regulation (EU) 2016/1149;

(c) the verification of compliance with the provisions on eligible operations, eligibility criteria, priority criteria and other objective criteria set out in Subsection 3 of Section 1 of Chapter II of Delegated Regulation (EU) 2016/1149;

(d) the products concerned and their marketing in conformity with Regulation (EU) No 1308/2013, the national provisions and the relevant specification;

(e) the selection of the applications, which shall at least include the weighting attributed to each priority criterion;

(f) the conclusion of contracts, including possible standard forms;

(g) arrangements for the payment of advances and the provision of securities;

(h) the evaluation of any given supported operation on the basis of appropriate indicators.

Subsection 3

Common provisions

Article 6

Joint promotion operation

Two or more Member States may decide to select a joint information or promotion operation. They shall undertake to contribute to the financing and agree on administrative collaboration procedures to facilitate the monitoring, implementation and checking of the joint operation.

SECTION 2

Restructuring and conversion of vineyards

Article 7

Application procedure

For the support referred to in Article 46 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 12 of Delegated Regulation (EU) 2016/1149;

(b) the content of the application;

(c) the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;

(d) the procedures to ensure the eligibility of the application and its consistency with the rules and the control system set up for the scheme of authorisations for vine plantings in accordance with Articles 66 and 68 of Regulation (EU) No 1308/2013;

(e) the verification of compliance with the provisions on eligibility criteria, ineligible costs, priority criteria and other objective criteria set out in Section 2 of Chapter II of Delegated Regulation (EU) 2016/1149;

(f) the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;

(g) arrangements for the payment of advances and the provision of securities.

SECTION 3

Green harvesting

Article 8

Application of the support measure

For the purposes of Article 47 of Regulation (EU) No 1308/2013, Member States shall:

(a) adopt provisions for the application of the support measure, which shall include: (i) the prior notification of green harvesting; (ii) the amount of compensation to be paid;

(b) set the deadline for the submission of applications for support for green harvesting between 15 April and 10 June of each year;

(c) establish by 10 June of each year an expected market situation justifying the application of green harvesting to restore market balance and to prevent crisis and the deadline for carrying out the operation of green harvesting as referred to in point (c) of Article 43(1) of this Regulation;

(d) every year set a deadline at a date after the establishment of the expected market situation as provided for in point (c) for carrying out the green harvesting operations in accordance with the requirements set out in Article 47(1) of Regulation (EU) No 1308/2013.

Article 9

Calculation of the compensation

In case more than one method of green harvesting is used on the same given area, the compensation shall be based on the least expensive method.

Article 10

Application procedure

For the support referred to in Article 47 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 17 of Delegated Regulation (EU) 2016/1149;

(b) the applicable compensation to the producer concerned;

(d) the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;

(e) the verification of compliance with the provisions on the conditions for the proper functioning, the eligibility criteria, ineligible actions and other objective criteria set out in Section 3 of Chapter II of Delegated Regulation (EU) 2016/1149;

(f) the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied.

SECTION 4

Mutual funds

Article 11

Application of the support measure

For the purposes of Article 48 of Regulation (EU) No 1308/2013, Member States shall adopt provisions for the application of the support measure.

Article 12

Application procedure

For the support referred to in Article 48 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 24 of Delegated Regulation (EU) 2016/1149;

(c) the verification of compliance with the conditions for support and other objective criteria set out in Section 4 of Chapter II of Delegated Regulation (EU) 2016/1149;

(d) the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;

(e) the conclusion of contracts including possible standard forms.

SECTION 5

Harvest insurance

Article 13

Application procedure

For the support referred to in Article 49 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 27 of Delegated Regulation (EU) 2016/1149;

(c) the verification of compliance with the conditions for the proper functioning adopted pursuant to Article 29 of Delegated Regulation (EU) 2016/1149 and other objective criteria set out in Section 5 of Chapter II of that Regulation;

(d) the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;

(e) the conclusion of contracts including possible standard forms;

(f) payments to beneficiaries, including through insurance companies in accordance with Article 28 of Delegated Regulation (EU) 2016/1149.

SECTION 6

Investments

Article 14

Application procedure

For the support referred to in Article 50 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 32 of Delegated Regulation (EU) 2016/1149;

(b) the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;

(c) the verification of compliance with the provisions on eligible actions and costs, eligibility criteria, priority criteria and other objective criteria set out in Section 6 of Chapter II of Delegated Regulation (EU) 2016/1149;

(d) the selection of the applications, which shall at least include the weighting attributed to each priority criterion;

(e) arrangements for the payment of advances and the provision of securities.

SECTION 7

Innovation in the wine sector

Article 15

Application procedure

For the support referred to in Article 51 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 37 of Delegated Regulation (EU) 2016/1149;

(c) the verification of compliance with the provisions on eligible actions and costs, eligibility criteria, priority criteria and other objective criteria set out in Section 7 of Chapter II of Delegated Regulation (EU) 2016/1149;

(d) the selection of the applications, which shall at least include the weighting attributed to each priority criterion;

(e) arrangements for the payment of advances and the provision of securities.

SECTION 8

By-product distillation

Article 16

Application of the support measure

For the purposes of Article 52 of Regulation (EU) No 1308/2013, Member States shall adopt provisions for the application of the support measure.

Article 17

Application procedure

For the support referred to in Article 52 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:

(a) the natural or legal persons that may submit applications in accordance with Article 41 of Delegated Regulation (EU) 2016/1149;

(b) the verification of compliance with the provisions on the purpose of the support set out in Section 8 of Chapter II of Delegated Regulation (EU) 2016/1149;

(c) the payment of the support in accordance with Article 42 of Delegated Regulation (EU) 2016/1149 and Article 18 of this Regulation.

Article 18

Amount of the support

The maximum amount of the support referred to in Article 52 of Regulation (EU) No 1308/2013 to be paid to distillers shall be fixed by % volume alcohol and by hectolitre as follows:

(a) for raw alcohol obtained from marcs: EUR 1,1/ %vol./hl;

(b) for raw alcohol obtained from wine and lees: EUR 0,5/ %vol./hl.

Member States may adjust those amounts according to different production typologies, on the basis of objective and non-discriminatory criteria.

CHAPTER III

REPORTING, EVALUATION AND GENERAL PROVISIONS

Article 19

Reporting and evaluation

That report shall list and describe the measures for which Union support under that Section was granted.

That report shall be notified using the model set out in Annex III to this Regulation.

Those data shall for each financial year and in respect of each measure refer to the following:

(a) for the financial years of the five-year period for which expenditure was already incurred: actual technical data and a statement of expenditure, which shall in no case overshoot the budgetary limit for the Member State as laid down in Annex VI to Regulation (EU) No 1308/2013;

(b) for subsequent financial years until the end of the planned period of implementation of the support programme: foreseen technical data and forecast of expenditure, up to the budgetary limit for the Member State as laid down in Annex VI to Regulation (EU) No 1308/2013 and in coherence with the most recent version of the financial table submitted using the model set out in Annex II or Annex IIa to this Regulation in accordance with Article 2 of this Regulation.

Those evaluations shall be submitted using the model set out in Annex III, be accompanied by the financial and technical information in accordance with the model set out in Annex IV or Annex IVa and concern all the previous years of the relevant five-year period. In addition, the following items shall be inserted in the conclusions:

(a) C1: Evaluation of the cost-effectiveness and benefits of the support programme;

(b) C2: Ways to increase the efficiency of the support programme.

Article 20

Notifications related to State aid

When Member States grant State aid in accordance with Article 212 of Regulation (EU) No 1308/2013 for the measures referred to in Articles 45, 49 and 50 of that Regulation, they shall notify the Commission thereof by using the model set out in Annex VII to this Regulation and providing the following information:

(a) whether support will be granted in accordance with Commission Regulation (EU) No 1407/2013 (²) or Commission Regulation (EU) No 1408/2013 (³); or

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.