Commission Regulation (EC) No 1227/2000 (repealed)Show full title

Article 3 U.K.

1. Where Member States grant new planting rights in respect of areas intended for new planting carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national legislation, they shall ensure that these rights are not granted for an area greater in terms of pure crop than 105 % of the area under vines which was the subject of the measures for land consolidation or measures concerning compulsory purchases in the public interest. Member States shall record each case where new planting rights are granted for these purposes.

2. Member States shall record each case where they grant new planting rights in respect of areas intended for wine-growing experiments. Such new planting rights shall only apply during the experimental period.

During this period, products made from grapes coming from such areas may not be marketed.

After this period, either:

(a) the producer shall use new planting rights granted under Article 3(2) of Regulation (EC) No 1493/1999, replanting rights or planting rights granted from a reserve in order to permit the area concerned to produce wine which is to be marketed; or

(b) The vines planted on such areas shall be grubbed up. The expenses of such grubbing-up shall be borne by the producer concerned. Until the area concerned is grubbed up, products made from grapes coming from such areas may be put into circulation only for the purposes of distillation. These products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % vol or less.

3. New planting rights, and any conditions as to the use of such rights or areas planted pursuant to them, granted prior to 1 August 2000 for wine-growing experiments shall continue to apply during the experimental period. The rules in the third subparagraph of paragraph 2 shall apply to such areas after the end of the experimental period.

4. Member States shall record each case where they grant new planting rights in respect of areas intended for graft nurseries. Such new planting rights shall only apply during the period of production of the graft nurseries.

During the period, grapes of such vines shall either not be harvested or, if harvested, shall be destroyed.

After this period, either:

(a) the producer shall use new planting rights granted under Article 3(2) of Regulation (EC) No 1493/1999, replanting rights or planting rights granted from a reserve in order to permit the area concerned to produce wine which is to be marketed; or

(b) the vines planted on such areas shall be grubbed up. The expenses of such grubbing-up shall be borne by the producer concerned. Until the area concerned is grubbed up, products made from grapes coming from such areas may be put into circulation only for the purposes of distillation. These products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % vol or less.

5. New planting rights, and any conditions on the use of such rights or areas planted pursuant to them granted prior to 1 August 2000 in respect of areas intended for graft nurseries shall continue to apply during the period of production of the graft nurseries. The rules in the third subparagraph of paragraph 4 shall apply to such areas after the end of the period of the production of the graft nurseries.

6. Member States shall record each case where they grant new planting rights in respect of areas whose wine or vine products are intended solely for the consumption of the vine grower's family.

7. By way of derogation from paragraph 6, in order to avoid an excessive administrative burden being imposed, a Member State may instead provide that areas whose wine or vine products are intended solely for consumption by the vine grower's family shall not be subject to the grubbing-up requirement in Article 2(7) of Regulation (EC) No 1493/1999. Member States may do so only on condition that:

(a) the area in respect of any given grower does not exceed a maximum area to be laid down by that Member State; and

(b) the vine grower concerned is not involved in commercial wine production.

8. The marketing of the wine of vine products coming from the areas referred to in paragraphs 6 and 7 shall be prohibited. Member States shall apply an appropriate system to monitor this prohibition. Should a breach of this prohibition be discovered, then in addition to any penalties imposed by the Member State, the area concerned shall be grubbed up at the expense of the vine grower concerned. Until the area concerned is grubbed up, products made from grapes coming from such areas may be put into circulation only for the purposes of distillation. These products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % vol or less. Member States shall record all cases dealt with under this paragraph.

9. Member States may only grant new planting rights for areas for the production of a quality wine psr or a table wine described by means of a geographical indication where they have carried out an assessment which confirms that the production of the wine in question is far below demand. Member States shall base these assessments on objective criteria and data. This objective data shall include the inventory of production potential for the region in question, or equivalent information. Member States shall keep a record of all such assessments and objective criteria and data. Where a Member State has recognised that production of such a wine is far below demand, it shall record each instance where new planting rights are granted for such a wine.

10. Member States shall communicate the following information to the Commission in respect of each wine year:

(a) the total areas for which new planting rights have been granted under each of paragraphs 1, 2 and 4;

(b) the total area for which new planting rights have been granted under paragraph 6. However, where a Member State makes use of the derogation in paragraph 7, it shall instead communicate an estimate of the total area concerned, which shall be based on the results of the monitoring carried out;

(c) the total area for which new planting rights have been granted under Article 3(2) of Regulation (EC) No 1493/1999 for each wine concerned, and the details of the assessment carried out, including the objective criteria and data used; and

(d) whether producers have paid for the grant of new planting rights.

This communication shall be made no later than four months after the end of the wine year in question.