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Nov 24, 2018 | VINEYARD

Vineyard installation rules for the period 2016 – 2030

VINEYARD

Written by torosidiswine

In

Details of the authorisation scheme for vine plantings applicable from 1 January 2016 to 31 December 2030 can be found in Regulation 516/2015.

 

Member States shall classify wine grape varieties that may be planted, replanted or grafted onto their territories for wine production.

Member States may classify only wine grape varieties which fulfil the following conditions:

α) the variety belongs to the species Vitis vinifera or is derived from a cross between the species Vitis vinifera and other species of the genus Vitis;

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, the grubbing-up of that variety shall take place within 15 years of its deletion.

Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of average production over the last five wine years, shall be exempt from the obligation to classify .

However, in those Member States too, only wine grape varieties which comply may be planted, replanted or grafted for wine production

 

 

 

Member States may classify only wine grape varieties which fulfil the following conditions:

β) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Hebermont.

α) the variety belongs to the species Vitis vinifera or is derived from a cross between the species Vitis vinifera and other species of the genus Vitis;


 

 

Wine grape varieties classified may only be planted or replanted if authorisation has been granted

Member States shall grant annual authorisations for new plantings corresponding to 1 % of the total wine-growing area on their territory as at 31 July of the previous year.

The authorisations for vine plantings provided for in Regulation (EU) No …/… 1308/2013 are granted from 2016 in accordance with Regulation 561/2015

The authorisations are for new plantings, replantings and planting rights to be converted.

New planting permits are granted annually.

Member States may:

β) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Hebermont.
a)

apply a national rate lower than 1%

b)

limit the issuing of licences at regional level, for specific regions, eligible for the production of wines with a protected designation of origin or protected geographical indication or for areas without a geographical indication.

All restrictions shall contribute to an orderly increase in vine plantings, shall be set at a level above 0 % and shall be based on one or more of the following specific reasons:

a)

need to avoid a proven risk of oversupply in relation to the market prospects of wine products, without going beyond what is necessary to meet that need;

b)

need to avoid a proven risk of significant devaluation of a particular protected designation of origin or protected geographical indication.

Where Member States decide to limit the total area available for new plantings, they shall, in the form of permits, make those decisions and supporting documents publicly available by 1 March.

Where Member States decide to make use of criteria for granting authorisations for new vine plantings, those decisions shall be made public by 1 March.

In case Member States do not make public the relevant decisions within the deadlines set, the following rules for granting authorisations for new plantings for the year concerned shall apply:

a)

availability of authorisations for new plantings corresponding to 1 % of the total wine-growing areas in their territory as referred to in Article 63(1) of Regulation (EU) No […] 1308/2013, and without further restrictions

b)

allocation of hectares pro rata to all applicants in proportion to the area for which they have applied for authorisation, in case applications exceed the area allocated.

Member States shall ensure that information on the applicable rules is made public.

After publication of the required decisions and no later than 1 May, Member States shall announce the period for the submission of applications, which must last at least one month.

Applications shall specify the specific size and location of the area on the holding for which the permit is to be granted.

Where it is decided not to have restrictions or criteria in accordance , Member States may exempt applicants from the requirement to indicate in the application the specific location of the area on the holding for which the authorisation is to be granted. Member States may, where appropriate, request additional information from applicants for the application of the authorisation scheme.

Where Member States decide to use certain criteria for granting authorisations for new vine plantings, the following rules shall apply:

a)

applications shall indicate the grapevine product(s) which the applicant intends to produce on newly planted area(s), specifying whether he intends to produce one or more of the following:

i)

wines with protected designation of origin,

ii)

wines with protected geographical indication,

iii)

wines without geographical indication and indication of wine grape variety,

b)

applications shall include financial information demonstrating the economic viability of the respective project based on one or more standardised economic analysis methodologies for agricultural investment projects.

c)

applications shall include economic information demonstrating the potential for increased competitiveness (areas for new planting enhancing competitiveness at farm and regional level).

d)

applications include financial information demonstrating the potential for increased competitiveness (projects to improve the quality of products with geographical indications).

e)

applications shall include information demonstrating that the size of the applicant’s holding at the time of application complies with thresholds to be established by Member States.

f)

where Member States require applicants to make commitments , applications shall include those commitments.

Where any information reported can be directly collected by Member States, Member States may allow applicants not to include this information in their applications.

After the submission deadline, Member States shall inform ineligible applicants of the ineligibility of their applications under the decision on eligibility criteria adopted by Member States. Such requests shall be excluded from the subsequent stages of the procedure.

Where the total area covered by the eligible applications submitted does not exceed the area(s) available, Member States shall grant authorisations for the entire area covered by an application submitted by producers.

Where the total area covered by the eligible applications submitted exceeds the area(s) available, they shall apply the selection procedure set out in Annex.

Member States shall, by 1 August at the latest, grant authorisations to selected applicants in accordance with the outcome of that selection procedure. Where eligible applications have not been fully satisfied, applicants shall be informed of the reasons for this decision.

Where the permit granted represents less than 50 % of the area applied for in the application, the applicant may refuse this permit within one month of the date on which the permit was granted.

In that case, the applicant shall not be subject to the administrative penalties referred to in Article 62(3) of Regulation (EU) No […] 1308/2013.

Member States may decide that the corresponding number of hectares shall be made available for the same year, no later than 1 October, for the granting of authorisations to applicants who have been allocated only part of the area applied for in accordance with the outcome of the selection procedure and who have not refused the corresponding authorisations. Member States may also decide to allocate those hectares in the following year in excess of 1 % of the total wine-growing area as provided for in Article 63(1) of Regulation (EU) No […] 1308/2013.

Producers shall submit applications for conversion of planting rights into permits, from 15 September 2015.

Applications shall specify the specific size and location of the area on the applicant’s holding for which the permit is to be granted. Member States may exempt applicants from the requirement to indicate in the application the specific location of the area on the holding for which the authorisation is to be granted. Member States may, where appropriate, request additional information from applicants for the application of the authorisation scheme.

Where Member States decide to extend the deadline for submitting the application for conversion of planting rights into authorisations beyond 31 December 2015, they shall make that decision public by 14 September 2015.

In this case, requests for conversion by the producer may be submitted at any time from 15 September 2015 until the end of the time period determined by Member States on the basis of the first subparagraph.

After verifying that the planting rights for which conversion has been requested, Member States shall issue the authorisations automatically.

The period between the application for conversion and the granting of licences may not exceed three months. However, where the application is submitted before 31 December 2015, the three-month period shall start on 1 January 2016.

In duly justified cases, Member States may decide, at the request of the applicant, that vine planting may take place on an area of the holding which is different from the specific area for which the authorisation has been granted, provided that the new area is the same size in hectares and that such authorisation remains valid in accordance with Article 62(3) of Regulation (EU) No. 1308/2013.

The first subparagraph shall not apply where permits have been granted on the basis of compliance with specific eligibility or priority criteria linked to the site indicated in the application and the amendment request mentions a new specific area outside that site.

Source : REGULATION (EU) No …/… REGULATION (EC) NO 1308/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Regulations (EC) No 1308/2013; Regulation (EEC) No 922/72. Regulation (EEC) No 234/79. Regulation (EC) No 1037/2001 and (EC) No 1037/2001. Council Regulation (EC) No 1234/2007

COMMISSION IMPLEMENTING REGULATION (EU) 2015/561 of 7 April 2015 laying down rules for the application of Regulation (EU) No …/… Regulation (EC) No 1308/2013 of the European Parliament and of the Council as regards the authorisation regime for vine plantings

Wine grape varieties classified may be planted or replanted only if authorisation has been granted

Member States shall grant annual authorisations for new plantings corresponding to 1 % of the total area under vines in their territory as at 31 July of the previous year.

The authorisations for vine plantings provided for in Regulation (EU) No …/… Regulation (EC) No 1308/2013 has been granted since 2016 in accordance with Regulation 561/2015.

The authorisations shall relate to new plantings, replantings and planting rights to be converted.

Authorisations for new plantings shall be granted on an annual basis.

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