31986R2239

18 . 7 . 86 Official Journal of the European Communities No L 196/ 1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EEC) No 2239/86 of 14 July 1986 on a specific common measure to improve vine-growing structures in Portugal

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the measures for restructuring vineyards must not lead to an increase in areas planted with vines in Portugal ; whereas these measures should be confined to Having regard to the Treaty establishing the European areas particularly suitable for vine-growing ; Economic Community, and in particular Article 43 thereof, Whereas Council Regulation (EEC) No 458/80 of 18 February 1980 on collective projects for the restructuring Having regard to the proposal from the Commission ('), of vineyards (4), as last amended by Regulation (EEC) No 3827/85 (5), cannot apply to Portugal on account of the absence of a classification of vine-growing areas in that Having regard to the opinion of the European Parli­ Member State ; whereas, in addition, it is not suited to ament (2), Portuguese vine-growing structures, on account in parti­ cular of the limited size and the dispersion of vine­ growing areas ; Having regard to the opinion of the Economic and Social Committee (3), Whereas provision should accordingly be made for a specific measure for Portugal, and whereas the restructur­ Whereas Article 263 (2) of the 1985 Act of Accession ing measures should be extended to include the necessary provides in particular for the application in Portugal, from support operations, such as land improvement and conso­ the date of accession, of Community rules in the socio­ lidation, and areas under vines intended for the produc­ structural field, including those relating to producers' tion of table grapes ; organizations ;

Whereas the restructuring measures can be implemented Whereas, to achieve the objectives of the common agri­ successfully only if aid is granted to compensate for the cultural policy mentioned in Article 39 ( 1 ) (a) and (b) of cost of restructuring work (restructuring aid) and for the the Treaty, special provisions adapted to the situation in income losses entailed by the restructuring operations the least-favoured agricultural areas must be taken at (additional premium) ; Community level ; Whereas, in order to ensure maximum effectiveness for the vineyard restructuring operations, priority should be Whereas the vine-growing structures in Portugal must be given to those operations which cover large areas carried improved in view of the present major structural imba­ out on a collective basis ; whereas, to this end, additional lances, particularly as regards the general state of aid should be granted where restructuring operations are vineyards, the location and the dispersion of areas and the carried out by a group or on a collective basis ; quality of the vine products ;

Whereas, in order to obtain the economic and qualitative Whereas the imbalances on the wine market may be results expected of the restructuring measures, vine­ gradually eliminated only by a coherent series of growers involved in restructuring operations should be measures ; whereas, consequently, provision should be afforded the requisite technical assistance , including assis­ made for Portugal to qualify both for measures relating to tance with the preparation of restructuring projects ; restructuring and for measures to encourage the abandon­ ment of certain areas planted with vines ; Whereas the abandonment of certain areas under vines should be encouraged on account of the growing imbalance on the wine market and the need to reduce (') OJ No C 153 , 19 . 6 . 1986, p. 5. (2) Opinion delivered on 11 July 1986 (not yet published in the Official Journal). (3) Opinion delivered on 3 July 1986 (not yet published in the (4) OJ No L 57, 29 . 2. 1980 , p. 27 . Official Journal). 0 OJ No L 372, 31 . 12. 1985, p. 1 .

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Community vine-growing potential ; whereas, therefore, finance through the Guidance Section of the European premiums for the permanent abandonment of certain Agricultural Guidance and Guarantee Fund, hereinafter areas planted with vines, varying with productivity, should referred to as 'the Fund', for the following : be granted ; — measures to restructure vineyards intended for the Whereas Council Regulation (EEC) No 777/85 of 26 production of wine or table grapes, March 1985 on the granting, for the 1985/86 to 1989/90 — various support measures connected with restructu­ wine years, of permanent abandonment premiums in ring. respect of certain areas under vines ('), as last amended by Regulation (EEC) No 3775/85 (2), provides for permanent 2. For the purposes of this Regulation, the restructu­ abandonment premiums which are not adapted to the real ring operations shall comprise : price situation in Portugal ; — the grubbing of vines on plots with a minimum area Whereas funds available in Portugal are fairly limited ; equivalent to that referred to in the second indent, whereas provision should be made for a Community — the replanting of vines intended for the production of co-financing rate of 50 % of expenditure incurred in wines deemed equivalent to quality wines produced in implementing restructuring measures and that rate should specified regions or table wines and table grapes, of be raised to 70 % for expenditure incurred in implemen­ improved quality, by means of an appropriate selec­ ting measures for the permanent abandonment of vine­ tion of recommended vine varieties, on land whether growing where the results will reduce EAGGF Guarantee or not located on the same holding with a minimum Section expenditure ; area of 0,25 hectares in the case of individual restruc­ Whereas the achievement of such objectives should be turing, 1 hectare in the case of group restructuring encouraged via action combining the indispensable involving at least three vine-growers and 10 hectares measures and involving a programme extending over in the case of collective restructuring involving at least several years ; 1 5 vine-growers, whether or not including land conso­ lidation , Whereas it is the responsibility of the Commission, — the double grafting of vines under the conditions and having obtained the opinion of the Standing Comittee on with the vine varieties referred to in the second Agricultural Structures, to decide on the approval of a indent . programme submitted by the Portuguese Republic ;

Whereas it follows from the foregoing that the measures However, for the autonomous regions of Madeira and the in question constitute a common measure within the Azores, the Commission may, at the request of the meaning of Article 6 of Council Regulation (EEC) No Member State, authorize, in accordance with the proce­ 729/70 of 21 April 1970 on the financing of the common dure laid down in Article 12, a reduction in the requisite minimum area . agricultural policy (3), as last amended by Regulation (EEC) No 3769/85 (4), 3 . For the purposes of this Regulation, support measures shall consist of : HAS ADOPTED THIS REGULATION : — the production of replanting material in line with the requirements of the common measure, Article 1 — land improvement work, including drainage and anti­ erosion measures, and work connected with land With a view to contributing towards improving the situa­ tion in the wine sector in Portugal by improving the basic consolidation such as levelling, the creation of embankments, ditches and access roads or tracks and vine-growing structures on the one hand and by encoura­ other work made necessary as a result of land consoli­ ging the permanent abandonment of certain areas planted dation , with vines on the other, a common measure within the meaning of Article 6 ( 1 ) of Regulation (EEC) No 729/70 — improvement of access roads or tracks to vineyards, is hereby instituted. — land consolidation , — such technical assistance as is essential for achieving the aims of the common measure . TITLE I

Restructuring of vineyards 4. Vineyards situated on the following types of land shall not qualify for restructuring aid : Article 2 — deep soil containing little coarse matter, 1 . In accordance with Articles 3 and 5, the Community or shall grant aid for the common measure by providing — land clearly unsuitable for vine-growing owing in particular to adverse natural soil conditions in the (') OJ No L 88 , 28 . 3 . 1985, p. 8 . form of inadequate slopes, excessive humidity and (2) OJ No L 362, 31 . 12. 1985, p. 39 . adverse exposure, (3) OJ No L 94, 28 . 4. 1970, p. 13 . or (4) OJ No L 362 31 . 12. 1985, p. 17.

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— land suitable for providing sufficient income with at a parcelling ratio of at least 2 to 1 must be other crops which have normal outlets on the markets. provided for, — arrangements to ensure that the establishment of 5 . For the duration of the common measure , the new vineyards takes the form solely of replanting, measures for restructuring Portuguese vineyards shall not i . e. planting after grubbing operations carried out qualify for the Community aid provided for in Regulation with a view to restructuring ; (EEC) No 458 / 80 . (b) support measures : Vine-growers who have received the permanent abandon­ ment premium provided for in Title II may subsequently — the provisions contemplated with a view to the qualify for the aid for restructuring provided for in this production of selected replanting and grafting material , Title only where the areas in respect of which the above­ mentioned abandonment premium was paid are not adja­ — as regards land improvement, a description of the cent to the other areas of the holding. works planned for each major restructuring area, — a summary of total expenditure broken down into Article 3 the public, private and Community expenditure envisaged and a timetable showing such break­ down , 1 . The financial contribution by the Community shall be granted only in the context of the implementation of a — the arrangements for providing the technical programme involving all the operations referred to in supervision which is essential for the success of Article 2 ( 1 ). That programme shall be submitted to the the restructuring operations and for ensuring that Commission by the Portuguese Republic. new staff will be recruited only for carrying out the common measure . 2. At the request of the Commission, the Portuguese Republio shall provide additional information for asses­ sing the data provided for in Article 4. Article 5

3 . The programme and any amendments to it shall be Investments qualifying for a financial contribution from examined and approved after the Fund Committee has the Community under Council Regulation (EEC) No been consulted on the financial aspects in accordance 797/85 (') or other common measures within the meaning with the procedure laid down in Article 12. When the of Article 6 ( 1 ) of Regulation (EEC) No 729/70 may not programme is approved, the Commission shall determine, qualify for a financial contribution from the Fund under in agreement with the Member State, the information this Title . which must appear in the annual report on the applica­ tion of this Regulation to be submitted to the Commis­ sion each year. TITLE II

4. The duration of the programme shall not be less Permanent abandonment of vine-growing than that of the common measure .

Article 6 Article 4 1 . In accordance with Articles 7 and 8 , vine-growers The programme referred to in Article 3 shall contain, in cultivating areas under vines as referred to in Article 2 (4) particular, information on the following : shall qualify, on application, for a premium for the permanent abandonment of vine-growing. (a) restructuring :

— a definition of the quality of soil suitable for 2. The grant of the permanent abandonment premium restructuring, shall entail for the vine-grower : — the estimated number of hectares of vineyard to (a) forfeiture of the right to replant the area for which the have been restructured on completion of the premium is paid ; programme and a timetable for the works, (b) a reduction of the replanting right originating from — the location of the main areas of restructuring, any grubbing carried out on the residual vine-growing — the suitability of those areas for providing products area of the holding after grant of the premium and of sound quality, exercised before the date of expiry of this Regulation . — details of the vine varieties, their origin and regi­ The reduction shall be equal to 20 % : onal distribution , (c) compensation for the reduction provided for in (b) — in the case of collective restructuring, the nature of equal to 500 ECU per hectare of vineyard grubbed . the constraints imposed in order to ensure the Such compensation shall be paid, on application by effectiveness of the operations, the holder of the replanting right, by the Portuguese Republic when the right in question is exercised. — the provisions contemplated in order to improve land distribution , i . e . land consolidation or other measures. In the latter case, arrangements to arrive (<) OJ No L 93, 30 . 3 . 1985, p. 1 .

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3 . Paragraph 2 (b) and (c) may be amended by the — being entitled, when the application is submitted, to Council acting by a qualified majority on a proposal from continue to cultivate the land in question during the the Commission . period referred to in the second indent of paragraph 2, — producing, if he does not fulfil the condition laid 4. The permanent abandonment premium shall be down in the first indent of this paragraph, a written limited to an overall area of 15 000 hectares . It shall be undertaking by the owner of the land that he will granted in respect of a minimum area of 0,10 hectares . guarantee that the obligations laid down in paragraph 2 are complied with or that he will comply with them 5. The permanent abandonment premium may not be personally. granted in respect of the following : If, after the grant of the premium, and in the course of (a) areas under vines where infringements of national or the period referred to in the second indent of paragraph Community provisions have been found to have been 2, all or part of the holding should pass to another party, committed ; the recipient of the premium or his assignees shall remain responsible for the successor's performance of the (b) areas planted with vines which are no longer being tended ; undertaking entered into by the recipient, unless : (c) areas planted with vines after the entry into force of — the successor enters into such an undertaking on his this Regulation . own account for the remainder of the period, or 6 . For the duration of the common measure, vine­ — the owner has given the undertaking provided for in growers may not qualify for the permanent abandonment the second indent of the first subparagraph of this premium provided for in Regulation (EEC) No 777/85. paragraph .

4. The Portuguese Republic may decide to bring Article 7 forward the dates referred to in the first subparagraph of paragraph 1 and the first indent of paragraph 2. 1 . Applications for permanent abandonment premiums must be submitted to the departments designated by the Article 8 Portuguese Republic not later than 31 December for the current wine year. 1 . For the grant of the permanent abandonment premium, areas under mixed crops shall be expressed as Applications relating to areas under wine grapes shall be areas under specialized crops, using the customary conver­ accompanied by an official declaration stating the yield sion factor for the production area concerned. per hectare determined on the basis of the declared 2. The permanent abandonment premium shall be average yield of the applicant's holding and the produc­ paid by the end of the calendar year following that in tion capacity of the vineyard ato be grubbed determined which the application for a premium was submitted, on on the spot before grubbing by the competent Portuguese condition that the applicant has provided evidence that agency. grubbing has in fact taken place . 2. The grant of the premium shall be subject to a written declaration in which the applicant undertakes : TITLE III

— by 31 May of the year following that in which the Financial and general provisions application is submitted, to grub, or cause to be grubbed, the vines on the areas for which the Article 9 premium has been applied for, 1 . The following expenditure incurred by the Portu­ — not to plant, on the holding to which the area for guese Republic shall be eligible for assistance from the which the premium is received belongs, new vines Guidance Section of the Fund : within the meaning of Annex IVa (e) of Council Regulation (EEC) No 337/79 of 5 February 1979 on (a) in the case of restructuring operations within the the common organization of the market in wine ('), as meaning of Article 2 (2) and in respect of a maximum last amended by Regulation (EEC) No 3805/85 (2), for overall area of 30 000 hectares, aid granted in the form 16 wine years following that in which the vines are of : grubbed, — a restructuring aid per hectare intended to contri­ — to declare each year during that period, where appro­ bute towards covering the actual costs of restructu­ priate at the same time as his harvest, the area under ring work : which is in production or the area which is not yet in The amount of this aid shall be fixed at a production. maximum of : 3 . The grant of the premium shall also be subject to — 2 500 ECU per hectare where restructuring the applicant : involves grubbing of vines, soil preparation and replanting, — 500 ECU per hectare where restructuring (') OJ No L 54, 5 . 3 . 1979 , p. 1 . (2) OJ No L 367 , 31 . 12 . 1985 , p . 39 . involves double grafting.

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This amount may be increased by a maximum of : — 1 600 ECU if the average yield per hectare of the areas exceeds 20 hectolitres but not 25 — 200 ECU per hectare in the case of grouped hectolitres, restructuring, — 2 200 ECU if the average yield per hectare of — 400 ECU per hectare in the case of collective the areas exceeds 25 hectolitres but not 30 restructuring, hectolitres, — 600 ECU per hectare in the case of collective — 2 800 ECU if the average yield per hectare of restructuring carried out in the context of land the areas exceeds 30 hectolitres but not 50 consolidation at commune level , hectolitres, — a degressive additional premium paid over several — 3 500 ECU if the average yield per hectare of the areas exceeds 50 hectolitres but not 90 years to persons whose main occupation is hectolitres, farming, to offset consecutive income losses due to restructuring : — 5 000 ECU if the average yield per hectare of the areas exceeds 90 hectolitres , but not 130 hectolitres, This premium shall be granted for a maximum period of four years, to total between 800 and — 6 200 ECU if the average yield per hectare of 1 500 ECU per hectare of replanted vineyard or the areas exceeds 130 hectolitres but not 160 between 200 and 500 ECU per hectare of double­ hectolitres, grafted vineyard, depending on the age and the — 6 500 ECU if the average yield per hectare of yield of the vineyard which has been grubbed or the areas exceeds 1 60 hectolitres ; double grafted respectively. — for areas planted with varieties classified, for the The yields to be taken into consideration for the administrative unit concerned, as table grapes or as granting of the minimum and maximum amounts both table and wine grapes ; of the additional premiums shall be 15 and 80 — 5 500 ECU in the case of vines trained by the hectolitres of wine per hectare respectively. The pergola method, procedure for determining the variable amount of the additional premium shall be laid down in the — 3 500 ECU in the case of vines trained by a programme referred to in Article 3 ; method other than the pergola method .

(b) in the case of support measures within the meaning of 2. The amounts specified in the second and third Article 2 (3), investment aid of up to 1 500 ECU per indents of paragraph 1 (c) shall be increased by 300 ECU hectare of restructured vineyard where the land per hectare if the areas concerned constitute the entire improvement operations entail drainage and anti­ area under vines cultivated by the applicant. erosion measures, or work connected with land conso­ lidation , such as levelling, the creation of embank­ 3 . The Portuguese Republic shall be authorized to ments, ditches and access roads or tracks and other reduce the amounts specified in paragraph 1 (c) if the work made necessary as a result of land consolidation . applicant for the permanent abandonment premium is a member of a cooperative wine-cellar or other wine­ Aid for the technical assistance necessary for carrying growers' association . In this case, the premium shall be out the restructuring of the vineyards covered by the reduced by an amount not exceeding 7 % and the corres­ common measure, including aid for the preparation of ponding sum shall be sent to the wine-cellar or associa­ restructuring projects, shall not exceed 5 % of the tion in question . estimated total cost of restructuring provided for in the programme approved in accordance with the 4. The compensation provided for in Article 6 (2) (c) procedure laid down in Article 12 ; shall constitute intervention intended to stabilize the agri­ cultural markets within the meaning of Article 1 (2) of Regulation (EEC) No 729/70 . (c) the permanent abandonment premium per hectare referred to in Article 6 , the amount of which shall be laid down as follows : 5. The Fund, Guidance Section , shall repay to the Portuguese Republic 50 % of eligible expenditure within — for areas of not less than 10 ares but not more the limits laid down in paragraph 1 for restructuring. than 25 ares planted with wine grape varieties and constituting the entire area under vines on the As regards the permanent abandonment premium , the holding concerned : 2 500 ECU, Fund, Guidance Section , shall repay 70 % of expenditure within the limits laid down in Article 6 (4). — for areas of more than 25 ares planted with wine grape varieties : As regards the compensation provided for in Article 6 (2) — 1 000 ECU if the average yield per hectare of (c), the Fund, Guarantee Section, shall finance 90 % of the areas is not more than 20 hectolitres, expenditure within the limits laid down in Article 6 (4).

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Article 10 4. Detailed rules for the application of this Article shall be adopoted in accordance with the procedure laid down 1 . The period for carrying out the common measure in Article 13 of Regulation (EEC) No 729/70. shall be 10 years. Article 12 2. Every year, the Portuguese Republic shall submit a 1 . Where reference is made to the procedure laid down progress report on the common measure in accordance in this Article, the Standing Committee on Agricultural with the procedure laid down by the Commission when Structures shall be consulted by its chairman , either on the programme is approved. his own initiative or at the request of the representative of a Member State . 3. Before the expiry of the period provided for in para­ graph 1 , the Council shall decide, on a proposal from the 2 . The representative of the Commission shall submit a Commission , whether the common measure should be draft of the measures to be taken . The Standing extended . Committee on Agricultural Structures shall deliver its opinion on the draft within a time limit which the 4 . The estimated cost of the common measure to the chairman may lay down depending on the urgency of the Fund is 73 million ECU, that amount being indicative matter. The opinion shall be delivered by a majority of 54 only. votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The 5. Article 6 (5) of Regulation (EEC) No 729/70 shall chairman shall not vote . apply. 3 . The Commission shall adopt the measures, which shall be immediately applicable. However, • if these Article 11 measures are not in accordance with the opinion adopted by the Standing Committee on Agricultural Structures, they shall forthwith be communicated by the Commis­ 1 . Applications for repayment shall relate to expendi­ sion to the Council . In that event the Commission may ture incurred by the Portuguese Republic during one defer, for not more than one month from the date of such calendar year and shall be submitted to the Commission communication, application of the measures which it has before 1 July of the following year. adopted. 2. Any decision to grant aid from the Fund shall be The Council, acting by a qualified majority, may take a taken in accordance with Article 7 ( 1 ) of Regulation (EEC) different decision within one month . No 729 /70 . Article 13 3 . Advance payments may be granted by the Fund depending on the financing arrangements adopted by the This Regulation shall enter into force on the third day Portuguese Republic and the progress of the measures following its publication in the Official Journal of the provided for in Titles I and II . European Communities.

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

Done at Brussels, 14 July 1986. For the Council The President

M. JOPLING