31985R3775

31 . 12 . 85 No L 362 / 39 Official Journal of the European Communities

COUNCIL REGULATION ( EEC ) No 3775 / 85 of 20 December 1985 adapting, on account of the accession of Spain, Regulation (EEC) No 777/ 85 on the granting, for the 1985 / 86 to 1989 / 90 wine years, of permanent abandonment premiums in respect of certain areas under vines

THE COUNCIL OF THE EUROPEAN COMMUNITIES , 2 . In Article 2 :

Having regard to the Treaty establishing the European ( a ) the following paragraph is inserted : Economic Community , ' la . As regards Spain , the amount of the premium Having regard to the Act of Accession of Spain and Portugal , per hectare is hereby fixed as follows : and in particular Article 396 ( 2 ) thereof, ( a ) for areas of no less than 10 ares but no more Having regard to the proposal from the Commission , than 25 ares planted with wine-grape varieties and constituting the entire vineyard area of the Whereas the Joint Declaration annexed to the Act of holding concerned : 2 500 ECU ; Accession concerning the application in Spain of Community ( b ) for areas of more than 25 ares planted with socio-structural measures in the wine sector and provisions wine-grape varieties : enabling the origin of Spanish wines to be determined and their commercial movements followed determines the — 1 000 ECU if the average yield per hectare guidelines to be adopted with regard to the application to of the said areas is no more than 20 Spain of Regulation ( EEC) No 777 / 85 ( l ) and provides for hectolitres , the adjustment of the estimated cost shown at present in — 1 600 ECU if the average yield per hectare Article 10 of that Regulation ; whereas Regulation ( EEC ) No of the said areas is more than 20 hectolitres 777 / 85 should therefore be amended ; but no more than 25 hectolitres , — 2 200 ECU if the average yield per hectare Whereas , pursuant to Article 2 (3 ) of the Treaty of Accession of the said areas is more than 25 hectolitres of Spain and Portugal , the institutions of the Communities but no more than 30 hectolitres , may adopt , before accession , the measures referred to in Article 396 of the Act, — 2 800 ECU if the average yield per hectare of the said areas is more than 30 hectolitres but no more than 50 hectolitres , — 3 500 ECU if the average yield per hectare of the said areas is more than 50 hectolitres HAS ADOPTED THIS REGULATION : but no more than 90 hectolitres , — 5 000 ECU if the yield per hectare of the said areas is more than 90 hectolitres but no Article 1 more than 130 hectolitres , — 6 200 ECU if the yield per hectare of the said Regulation ( EEC ) No 777 / 85 is hereby amended as areas is more than 130 hectolitres but no follows : more than 160 hectolitres , — 6 500 ECU if the yield per hectare of the said 1 . In Article 1 : areas is more than 160 hectolitres ; ( a ) the following subparagraph is added to para­ (c ) for areas planted with varieties classified in the graph 1 : administrative unit concerned either as table 'In Spain , table wine production areas which are grapes or as both table and wine grapes : classified in accordance with Articles 29 and 29a of — 5 500 ECU in the case of vine varieties Regulation ( EEC ) No 337 / 79 as categories 1 , 2 and trained by the pergola method . 3 shall be eligible for the premium .' — 3 500 ECU in the case of the vine varieties ( b ) paragraph 2 ( c) is replaced by the following: trained by a method other than the pergola '( c) compensation for the abatement referred ,to method , under ( b ) equal to 900 ECU per hectare of vineyard grubbed-up , or , in the case of Spain , equal to 500 ( d ) for areas planted with vine varieties classified in the administrative unit concerned as dried­ ECU per hectare of vineyard grubbed-up . This compensation shall be paid , at the request of the grape varieties or as both dried-grape and other holder of the right to replant , by the Member State varieties : 4 000 ECU ; concerned when the said right is exercised .' ( e ) for areas used as root-stock nurseries : 3 500 ECU .' (') OJ No L 88 , 28 . 3 . 1985 , p. 8 .

No L 362 / 40 31 . 12 . 85 Official Journal of the European Communities

( b ) Paragraphs 2 and 3 are replaced by the 3 . In Article 4(1 ), the first subparagraph is replaced by the following: following : '2 . The amounts specified in paragraph 1 , with the 1 . 'Applications for premiums must be submitted to the exception of the amount referred to in paragraph departments designated by the Membef States before 31 1 ( a ), shall be increased by 500 ECU per hectare if December of each wine year specified in Article 1 ( 1 ). the areas concerned constitute the entire vineyard However , as regards Spain and Portugal , applications area cultivated by the applicant . for premiums for the 1985 / 86 wine year must be As regards Spain , the amounts specified in submitted before 28 February 1986 .' paragraph la , with the exception of the amount referred to in point ( a) thereof , shall be increased by 4 . In Article 10(1 ), '644 million ECU' is replaced by '1 023 300 ECU per hectare under the conditions referred million ECU '. to in the first subparagraph . 3 . The yield per hectare of the grubbed-up areas referred to in paragraph 1 ( b ) and paragraph la ( b ) shall be calculated on the basis of the average yield declared for the recipient's holding and of an Article 2 on-the-spot assessment , carried out by the competent body of the Member State concerned This Regulation shall enter into force on 1 January 1986 , prior to grubbing-up of the productive capacity of subject to the entry into force of the Treaty of Accession of the wine-growing area to be grubbed-up .' Spain and Portugal .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels , 20 December 1985 .

For the Council The President R. STEICHEN