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Document 02008R0555-20180303

Consolidated text: Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

ELI: http://data.europa.eu/eli/reg/2008/555/2018-03-03

02008R0555 — EN — 03.03.2018 — 013.001


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COMMISSION REGULATION (EC) No 555/2008

of 27 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

(OJ L 170 30.6.2008, p. 1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EC) No 42/2009 of 20 January 2009

  L 16

6

21.1.2009

 M2

COMMISSION REGULATION (EC) No 702/2009 of 3 August 2009

  L 202

5

4.8.2009

 M3

COMMISSION REGULATION (EU) No 772/2010 of 1 September 2010

  L 232

1

2.9.2010

 M4

COMMISSION IMPLEMENTING REGULATION (EU) No 314/2012 of 12 April 2012

  L 103

21

13.4.2012

 M5

COMMISSION IMPLEMENTING REGULATION (EU) No 568/2012 of 28 June 2012

  L 169

13

29.6.2012

►M6

COMMISSION IMPLEMENTING REGULATION (EU) No 202/2013 of 8 March 2013

  L 67

10

9.3.2013

 M7

COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013

  L 158

74

10.6.2013

 M8

COMMISSION IMPLEMENTING REGULATION (EU) No 600/2013 of 24 June 2013

  L 172

13

25.6.2013

 M9

COMMISSION IMPLEMENTING REGULATION (EU) No 752/2013 of 31 July 2013

  L 210

17

6.8.2013

 M10

COMMISSION IMPLEMENTING REGULATION (EU) No 994/2013 of 16 October 2013

  L 276

1

17.10.2013

 M11

COMMISSION IMPLEMENTING REGULATION (EU) No 168/2014 of 21 February 2014

  L 54

14

22.2.2014

 M12

COMMISSION DELEGATED REGULATION (EU) No 612/2014 of 11 March 2014

  L 168

62

7.6.2014

 M13

COMMISSION IMPLEMENTING REGULATION (EU) No 614/2014 of 6 June 2014

  L 168

73

7.6.2014

►M14

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1991 of 5 November 2015

  L 290

9

6.11.2015

 M15

COMMISSION IMPLEMENTING REGULATION (EU) 2016/38 of 14 January 2016

  L 11

1

16.1.2016

►M16

COMMISSION DELEGATED REGULATION (EU) 2016/1149 of 15 April 2016

  L 190

1

15.7.2016

►M17

COMMISSION DELEGATED REGULATION (EU) 2018/273 of 11 December 2017

  L 58

1

28.2.2018


Corrected by:

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Corrigendum, OJ L 139, 5.6.2010, p.  3 (555/2008)




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COMMISSION REGULATION (EC) No 555/2008

of 27 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector



TITLE I

INTRODUCTORY PROVISIONS

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TITLE II

SUPPORT PROGRAMMES



CHAPTER I

Procedure for submission

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CHAPTER II

Eligible measures

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Section 7

Disposal of by-products

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TITLE III

TRADE WITH THIRD COUNTRIES



CHAPTER I

Entry price arrangements for grape juice and must

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TITLE IV

PRODUCTION POTENTIAL



CHAPTER I

Unlawful plantings

Article 55

Penalties in case of non-compliance with the grubbing-up obligation

1.  The penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 shall be determined so as to provide an appropriate sanction for those who violated the provisions concerned.

Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall determine the penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 on the basis of the following principles:

(a) basic financial penalty to be imposed shall be at least EUR 12 000 /ha;

(b) Member States may increase the penalty based on the commercial value of the wines produced in the vineyards concerned.

2.  Member States shall impose the penalty referred to in Article 85(3) of Regulation (EC) No 479/2008:

(a) for unlawful plantings existing at the time of the entry into force of this Regulation for the first time on 1 January 2009;

(b) for unlawful plantings from after the entry into force of this Regulation for the first time with effect of the date of those plantings.

The penalty shall be levied again every 12 months, counted from those dates and in accordance with the criteria established in paragraph 1 of this Article, until compliance with the grubbing-up obligation.

3.  Member States shall impose the penalty referred to in Article 86(4) second subparagraph of Regulation (EC) No 479/2008 for the first time on 1 July 2010 for non-compliance with the grubbing-up obligation and thereafter every 12 months until compliance in accordance with the criteria established in paragraph 1 of this Article

4.  Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 56

Penalties in case of non-compliance with prohibition of circulation

1.  The penalties referred to in Article 87(2) of Regulation (EC) No 479/2008 shall be determined so as to mean an appropriate sanction for those who violated the provisions concerned.

2.  The penalties referred to in paragraph 1 shall be imposed if a producer concerned, having more than 0.1 hectares of vineyard area, and according to the appropriate case:

(a) does not submit the distillation contract by the deadline specified in the second subparagraph of Article 57(1) or these contracts do not cover the entire production concerned, as declared in the harvest or production declaration; or

(b) does not inform the competent authority about the intended green harvesting by the deadline specified in the third subparagraph of Article 57(1) or does not carry out the green harvesting in a satisfactory manner.

3.  Member States shall impose the penalties referred to in paragraph 1:

(a) in case of non-submission of the distillation contract, one month after the expiry of the deadline laid down in the second subparagraph of Article 57(1);

(b) in case of failure to comply with the rules about green harvesting, on 1 September of the calendar year concerned.

4.  Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 57

Non-circulation or distillation

1.  In case of Article 87(1) of Regulation (EC) No 479/2008, the grapes or products made from grapes may only have one the following destinations:

(a) distillation at the exclusive expense of the producer;

(b) green harvesting in accordance with the definition of Article 12(1) of Regulation (EC) No 479/2008, at the expense of the producer concerned;

(c) family consumption; this possibility is only acceptable if the producer’s vineyard area does not exceed 0,1 ha.

In case of the distillation foreseen in point (a) of the first subparagraph:

 producers shall submit the distillation contract foreseen in Article 87(1) of Regulation (EC) No 479/2008 by the end of the wine year in which the products were produced,

 products produced before regularisation of the vineyard in accordance with Article 86(1) of Regulation (EC) No 479/2008 shall be subject to the distillation obligation.

In case of the green harvesting as foreseen in point (b) of the first subparagraph, producers shall inform the competent authority in advance about their intention before a date fixed by the Member States in accordance with Article 12(1)(b). Member States shall control green harvesting according to Article 12(1)(d) of this Regulation.

2.  Without prejudice to paragraph 1, in order to facilitate control, Member States may foresee an obligation to the producers to notify the competent authority of the Member State before the date fixed by the Member States in accordance with Article 12(1)(b) which of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1 of this Article they are going to choose.

Member States may also limit the choice of producers to only one or two of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1.

3.  In case the given producer has vineyards the products from which may be marketed, the competent authorities shall be responsible for ensuring that the products from the unlawful planting are not added to the products of these other vineyards that are marketed.

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Article 58

Communications

1.  Member States shall communicate to the Commission by 1 March each year the areas for which penalty was paid and the amount of penalty that was actually imposed in the form set out in Table 1 of Annex XIII. They shall also communicate to the Commission their legislation related to these penalties.

Such obligation shall no longer apply to those Member States where no unlawful plantings remain to be grubbed up.

2.  Save as otherwise indicated in the appropriate tables of Annex XIII to this Regulation, the communications referred to in Article 85c(3), Article 188a(1) and Article 188a(2) of Regulation (EC) No 1234/2007 shall refer to the previous wine year.

The yearly communications shall be made in the forms set out in Tables 3 and 7 of Annex XIII to this Regulation.

3.  Member States may decide whether or not to include details related to regions in the communications referred to in paragraphs 1 and 2.

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Article 59

Reductions imposed on Member States

In case Member States fail to communicate any of the tables by the relevant deadlines, except for Table 2, referred to in Article 58, in the form laid down in Annex XIII to this Regulation, containing the information specified in Articles 85(4), 86(5) and 87(3) of Regulation (EC) No 479/2008 and filled in appropriately, their allocation for the support measures referred to in Article 7 of Regulation (EC) No 479/2008 may be reduced as foreseen in Article 89(a) of Regulation (EC) No 479/2008. The Commission may decide that, according to the scope of the failure, for every month of delay, an amount of up to a total of 1 % of the allocation for the support measures of the given Member State shall be forfeited starting from the beginning of the wine year following the one in which the communication was due.



CHAPTER II

Transitional planting right regime

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Article 61

Member States communication obligations related to new planting rights

Member States shall communicate to the Commission by 1 March 2016 the following information in respect of the period from 1 August 2014 to 31 December 2015:

(a) the total areas for which new planting rights have been granted in accordance with each of paragraphs 1, 2 and 3 of Article 60; and

(b) the total area for which new planting rights have been granted cumulatively in accordance with Article 85h of Regulation (EC) No 1234/2007; where a Member State makes use of the derogation provided for in Article 60(6) of this Regulation, it shall instead communicate an estimate of the total area concerned, which shall be based on the results of the monitoring carried out.

This communication shall be made in the form set out in Table 8 of Annex XIII to this Regulation.

Member States may decide whether or not to include details related to regions in the communication.

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Article 65

Reserves of planting rights

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5.  Member States shall, in the form laid down in Table 9 of Annex XIII, communicate to the Commission by 1 March 2016 the following information in respect of the period from 1 August 2014 to 31 December 2015:

(a) the planting rights allocated to the reserves;

(b) the planting rights granted from the reserve against or without payment.

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CHAPTER IV

Inventory and measurement of the area planted

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TITLE V

CONTROLS IN THE WINE SECTOR



CHAPTER I

Principles of control

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TITLE VI

GENERAL, TRANSITIONAL AND FINAL PROVISIONS

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Article 103

Repeal and references

1.  Regulations (EC) No 1227/2000, (EC) No 1623/2000, (EC) No 2729/2000 and (EC) No 883/2001 are repealed.

However,

(a) The relevant rules set out in Regulations (EC) No 1227/2000 and (EC) No 1623/2000 shall continue to apply in so far as measures eligible under Regulation (EC) No 1493/1999 have been commenced or undertaken before 1 August 2008;

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(b) Table 9 of the Annex to Regulation (EC) No 1227/2000 shall continue to apply unless otherwise provided in an implementing regulation on the labelling and presentation of wines to be adopted on the basis of Article 63 of Regulation (EC) No 479/2008;

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(c) Annex I to Regulation (EC) No 1623/2000 shall remain in force until 31 July 2012.

2.  References to the repealed Regulations in accordance with paragraph 1 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXII.

Article 104

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 August 2008.

However, Article 2 and Chapter III of Title IV shall apply as from 30 June 2008.

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

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ANNEX XXII

Correlation tables referred to in Article 103(2)



1.  Regulation (EC) No 1227/2000

Regulation (EC) No 1227/2000

This Regulation

Article 3

Article 60 and 61

Article 4(1)

Article 62

Article 4(2)-(7)

Article 63

Article 4(8)

Article 64

Article 5(1)

Article 65(1)

Article 5(3)

Article 64

Article 5(4)

Article 65(2)

Article 5(5)

Article 65(3)

Article 5(6)

Article 65(4)

Article 8(1)

Article 70(1)



2.  Regulation (EC) No 1623/2000

Regulation (EC) No 1623/2000

This Regulation

Article 12

Article 32

Article 13

Article 33

Article 14a(1)

Article 34

Article 46(2)

Article 21(3)

Article 50(2)

Article 22



3.  Regulation (EC) No 2729/2000

Regulation (EC) No 2729/2000

This Regulation

Article 2(3)

Article 76(d)

Article 2(4)

Article 76(e)

Article 3(1)

Article 82(1)

Article 3(2)

Article 82(2)

Article 4

Article 83

Article 5

Article 81

Article 7

Article 84

Article 8

Article 85

Article 9

Article 86

Article 10

Article 87

Article 11

Article 88

Article 12

Article 89

Article 13

Article 90

Article 14

Article 91

Article 15

Article 92

Article 16

Article 93

Article 17

Article 94

Article 19

Article 95



4.  Regulation (EC) No 883/2001

Regulation (EC) No 883/2001

This Regulation

Article 14(1)

Article 39(1)

Article 20

Article 40

Article 21

Article 41

Article 22

Article 42

Article 24

Article 43

Article 25

Article 44

Article 26

Article 45

Article 27(1)

Article 46

Article 28

Article 47

Article 29

Article 48

Article 30

Article 49

Article 31(2)

Article 51

Article 32

Article 50

Article 34a

Article 52

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