Commission Delegated Regulation (EU) 2016/1149Show full title

SECTION 2 Restructuring and conversion of vineyards

Article 12 Beneficiaries

The beneficiaries of the support referred to in Article 46 of Regulation (EU) No 1308/2013 shall be wine growers as defined in point (a) of Article 2 of Commission Regulation (EC) No 436/2009(1).

Article 13 Eligibility criteria

Member States shall examine an application against the following criteria:

(a)

the detailed description of the proposed actions and the proposed deadlines for their implementation;

(b)

the actions to be implemented in each financial year, and the area concerned by each operation.

Article 14 Ineligible costs

The costs of the following actions shall not be eligible:

(a)

day-to-day management of a vineyard;

(b)

protection against damage by game, birds or hail;

(c)

construction of windbreaks and wind protection walls;

(d)

driveways and elevators;

(e)

purchase of farm vehicles.

Article 15 Replanting for health or phytosanitary reasons

1. Replanting of a vineyard following a mandatory grubbing-up for health or phytosanitary reasons on the instruction of a competent authority of a Member State referred to in point (c) of the first subparagraph of Article 46(3) of Regulation (EU) No 1308/2013 shall be eligible for support provided that the Member State:

(a) communicates to the Commission, in the framework of the submission of the national support programme or any modification of that support programme, the list of harmful organisms covered by that activity as well as a summary of a related strategic plan established by the competent authority of the Member State concerned;

(b) complies with Council Directive 2000/29/EC(2).

2. During a given financial year, the expenditure for replanting for health or phytosanitary reasons shall not exceed 15 % of the total annual expenditure on restructuring and conversion of vineyards in the Member State concerned during that same financial year.

3. The costs of grubbing-up of infected vineyards and compensation for loss of revenue shall not constitute eligible expenditure.

Article 16 Priority criteria

Member States may establish priority criteria by indicating them in the support programme. Such priority criteria shall be based on the specific strategy and objectives set out in the support programme and shall be objective and not discriminatory.

(1)

Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15).

(2)

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).