(1)

The eligible applications notified by the Member States to the Commission by 15 October 2009 according to Article 85s(2) of Regulation (EC) No 1234/2007 exceed the maximal annual budget for the grubbing-up scheme for the wine year 2009/2010, i.e. EUR 334 million, as laid down in Annex Xd to that Regulation. Therefore, a single percentage for acceptance of the amounts notified actually should be fixed.

(2)

Bulgaria, Czech Republic and Luxembourg have communicated, according to Article 85s(2) of Regulation (EC) No 1234/2007, eligible applications for an area smaller than 50 hectares; therefore they are exempted from the application of the single percentage of acceptance in accordance with Article 71(3) of 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 (2).

(3)

For the sake of clarity it is appropriate to indicate also the breakdown per Member State concerned of the annual budget allocated to the grubbing-up scheme.

(4)

Commission Regulation (EC) No 1123/2008 of 12 November 2008 fixing a single percentage for acceptance of the amounts notified by the Member States to the Commission concerning the applications for the grubbing-up premium (3) became obsolete at the end of the wine year 2008/2009. For this reason, it should be repealed.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,