Common Market Organisation Regulation

02013R1308-20241108 → 02013R1308-20260318

Article 3 Definitions 1. For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex II shall apply. 2. The definitions set out in Section B of Part II of Annex II shall only apply until the end of the 2016/2017 marketing year for sugar. 3. The definitions set out in Regulation (EU) 2021/2116 and Regulation (EU) 2021/2115 of the European Parliament and of the Council Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (OJ L 435, 6.12.2021, p1). apply for the purposes of this Regulation, save as otherwise provided for in this Regulation. 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 227, amending the definitions concerning the sectors set out in Annex II to the extent necessary to update the definitions in light of market developments without adding new definitions. 5. For the purposes of this Regulation: (a) "less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (See page 85 of this Official Journal).. (b) "adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.(c) "Green harvesting" means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero, and excluding non-harvesting comprising of leaving commercial grapes on the plants at the end of the normal production cycle.

02013R1308-20241108 → 02013R1308-20260318

Article 61 Duration The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2045, 2016, with two mid-term reviews a review to be undertaken by the Commission in 2028 and 2040 every ten years thereafter to evaluate the operation of the scheme and, scheme. The Commission may, if appropriate, make proposals.

02013R1308-20241108 → 02013R1308-20260318

Article 62 Authorisations 1. Vines of wine grape varieties classified in accordance with Article 81(2) may only be planted or replanted if an authorisation is granted in accordance with Articles 64, 66 and 68 under the conditions laid down in this Chapter. 2. Member States shall grant the authorisation referred to in paragraph 1, corresponding to a specific area expressed in hectares, upon submission of an application by producers which complies with objective and non-discriminatory eligibility criteria. Such authorisation shall be granted without a fee being charged to the producers. 3. The authorisations referred to Authorisations granted in paragraph 1 accordance with Article 64 shall be valid for three years from until the date on last day of the third marketing year following the marketing year in which they were granted. A producer who has not used an authorisation granted in accordance with Articles 64 and 68 during its period of validity shall be subject to the administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013. By way of derogation from the first subparagraph, Member States may decide that when replanting takes place on the same parcel or parcels on which the grubbing up was undertaken, the authorisations referred to in Article 66(1) are valid for six years from the date on which they were granted. Such authorisations shall clearly identify the parcel or parcels on which the grubbing up and the replanting will take place. 90a(4). By way of derogation from the first subparagraph, the validity of authorisations granted in accordance with Article 64 and Article 66(1), which expires in the years 2020 and 2021, is extended until 31 December 2022. Producers who hold authorisations in accordance with Article 64 and Article 66(1) of this Regulation, which expire in 2020 and 2021, shall not, by way of derogation from the first subparagraph of this paragraph, producers who hold a valid authorisation granted in accordance with Articles 64 and 68 before 1 January 2025 shall not be subject to the administrative penalty penalties referred to in Article 89(4) of Regulation (EU) No 1306/2013 90a(4) provided that they inform the competent authorities before the date of expiry of their authorisation, and at the latest by 28 February 2022 31 December 2026, that they do not intend to make use of their authorisation and do not wish to benefit from it. Where a well-determined area is gravely affected by one or both of the extension cases of their validity as force majeure or exceptional circumstances referred to in Article 3(1), points (a) and (c), of Regulation (EU) 2021/2116, the third subparagraph of this paragraph. Where producers who hold authorisations, Member State concerned may extend the validity of the authorisations granted in accordance with Article 64 of this Regulation to be used in that area that are due to expire by the end of the marketing year in which was one or both of those cases of force majeure or exceptional circumstances occur by up to twelve months. Planting authorisations may be extended until under this subparagraph only once. The Member State concerned shall inform the holders of every authorisation concerned that its validity has been extended. Where, by 31 December 2021, have declared to of the marketing year following the one in which one or both of the cases of force majeure or exceptional circumstances occurred, the holder of a planting authorisation informs the competent authority by 28 February 2021 authorities of the Member State that they do not intend to make use of those authorisations, they shall be allowed to retract their declarations by means of a written communication to it renounces the competent authority by 28 February 2022 and to make use of their authorisations within authorisation, the extended validity period administrative penalties provided for in the third subparagraph. first subparagraph shall not apply. By way of derogation from the first subparagraph, the competent authorities of the Member State concerned may waive the administrative penalties provided for in Article 90a(4) of this Regulation upon a justified request from the holder of a planting authorisation granted in accordance with Articles 64 and 68 of this Regulation affected by a case of force majeure or exceptional circumstances referred to in Article 3(1) of Regulation (EU) 2021/2116. Authorisations granted in accordance with Article 66 on or after 18 March 2026 and authorisations granted in accordance with that Article which are valid on that day shall be valid until the last day of the eighth marketing year following the marketing year in which they were granted. Producers who have not used an authorisation granted in accordance with Article 66 during its period of validity shall not be subject to the administrative penalties referred to in Article 90a(4). Authorisations covered by the transitional provisions of Article 68 shall expire on the last day of the last marketing year of their validity. 4. This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower’s household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law. 5. Member States may apply this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).. For the purposes of this Chapter, those areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.6. Member States may require abandoned vineyards to be grubbed up for health and phytosanitary reasons.

02013R1308-20241108 → 02013R1308-20260318

Article 63 Safeguard mechanism for new plantings 1. Member States shall make available each year authorisations for new plantings corresponding to either: (a) 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or (b) 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 that were available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation. 2. Member States may: (a) apply at national level a lower percentage than the percentage set out in paragraph 1; (b) limit the issuing of authorisations authorisations, or not issue authorisations, for new plantings at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication. indication; (c) limit the issuing of authorisations, or not issue authorisations, for new plantings at regional level, for specific areas or for vines producing specific types of wine, where national or Union measures concerning distillation of wine, green harvesting or grubbing up have been implemented in justified cases of crisis. Member States that limit the issuing of authorisations for new plantings at regional level for specific areas eligible for the production of wines with a protected designation of origin or for areas eligible for the production of wines with a protected geographical indication in accordance with the first subparagraph, point (b), (b) or (c), may require such authorisations to be used in those regions. the regions concerned. 3. Any of the limitations referred to in paragraph 2 that are applied shall contribute to an orderly growth the management of vine plantings, shall be set above 0 %, and the production potential. They shall be justified on one or more of the following specific grounds: (a) the need to avoid a well-demonstrated demonstrated risk of oversupply of wine products in relation to market prospects for those products, where the limitations do not exceeding exceed what is necessary to satisfy this that need; (b) the need to avoid a well-demonstrated demonstrated risk of significant devaluation or improper use by third parties seeking to profit from the reputation of a particular protected designation of origin or a protected geographical indication; (c) the wish to contribute to the development of the products in question while preserving the quality of those products. 3a. Member States may take any regulatory measures necessary to prevent circumvention by operators of the restrictive measures taken pursuant to paragraphs 2 and 3. 4. Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

02013R1308-20241108 → 02013R1308-20260318

Article 64 Granting of authorisations for new plantings 1. If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted. Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria at national or regional level: (a) the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation; (b) the applicant shall possess adequate occupational skills and competence; (c) the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities; (ca) the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007; (d) where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner. manner; (e) in regions where the Member State has decided to limit the granting of new planting authorisations pursuant to Article 63(2), point (c), the applicant shall comply with the eligibility criteria established for the purpose of avoiding excessive yields in the new vineyards to be planted. 2. If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria that may apply at national or regional level. (a) producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants); (b) areas where vineyards contribute to the preservation of the environment or the conservation of the genetic resources of vines; (c) areas to be newly planted in the framework of land consolidation projects; (d) areas facing natural or other specific constraints; (e) the sustainability of projects of development or replantations on the basis of an economic evaluation; (f) areas to be newly planted which contribute to increasing the production of holdings of the wine-growing sector that show increased cost-efficiency or competitiveness or presence on the markets; (g) projects with the potential to improve the quality of products with geographical indications; indications or their quality; (h) areas to be newly planted in the framework of increasing the size of small and medium-sized vine holdings; 2a. If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application. 2b. Member States may take any necessary regulatory measures to prevent the circumvention by operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a. 3. Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

02013R1308-20241108 → 02013R1308-20260318

Article 65 Role of professional organisations When applying Article 63(2), a Member State shall may take into consideration account recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157, 157 of this Regulation, by interested producer groups of producers referred to in Article 95, Articles 32 and 33 of Regulation (EU) 2024/1143 or by other types of professional organisation organisations recognised on the basis of that Member State’s legislation, provided that those recommendations are preceded by an agreement entered into by the relevant representative parties in the reference geographical area. The recommendations shall be made for no more than three years.

texts differ too much for an inline diff; shown separately

before (02013R1308-20241108)

Article 66
Replantings
1. Member States shall automatically grant an authorisation to producers who have grubbed up an area planted with vines as from 1 January 2016 and submitted an application. Such authorisation shall correspond to the equivalent of that area in terms of pure crop. The areas covered by such authorisations shall not be counted for the purposes of Article 63.
2. Member States may grant the authorisation referred to in paragraph 1 to producers undertaking to grub up an area planted with vines if the grubbing up of the pledged area is carried out at the latest by the end of the fourth year from the date on which new vines have been planted.
3. The authorisation referred to in paragraph 1 shall be used on the same holding on which the grubbing up was undertaken. Member States may, in areas eligible for the production of wines with protected designations of origin or protected geographical indications, restrict the replanting, on the basis of a recommendation from a professional organisation in accordance with Article 65, to vines complying with the same protected designation of origin or geographical indication specification as the area grubbed up.
4. This Article shall not apply in the case of grubbing up of non-authorised plantings.

after (02013R1308-20260318)

Article 66
Replantings
1. Member States shall automatically grant an authorisation to producers who have grubbed up an area planted with vines as from 1 January 2016 and submitted an application. Such authorisation shall correspond to the equivalent of that area in terms of pure crop. The areas covered by such authorisations shall not be counted for the purposes of Article 63.
By way of derogation from the first subparagraph, producers who have grubbed up an area planted with vines in accordance with Article 216(1) of this Regulation or Article 58(1), first subparagraph, point (o), of Regulation (EU) 2021/2115 shall not be entitled to apply for and to receive a replanting authorisation for that area.
2. Member States may grant the authorisation referred to in paragraph 1 to producers undertaking to grub up an area planted with vines if the grubbing up of the pledged area is carried out at the latest by the end of the fourth year from the date on which new vines have been planted.
3. The authorisation referred to in paragraph 1 of this Article shall be used on the same holding on which the grubbing up was undertaken. Member States may, on the basis of a recommendation from a recognised professional organisation referred to in Articles 152, 156 and 157 of this Regulation or a producer group referred to in Articles 32 and 33 of Regulation (EU) 2024/1143, restrict in areas eligible for the production of wines with protected designation of origin or protected geographical indications the use of replanting authorisations resulting from the grubbing up of vineyards outside that area.
3a. A Member State may make its granting of the replanting authorisations referred to in paragraph 1 subject to one or more of the following conditions:
(a) the authorisation shall be used in the same geographical area, defined by the Member State, in which the relevant grubbed up vines were located, where maintaining viticulture in that geographical area is justified by socio-economic or environmental reasons;
(b) only vines producing specific types of wine and production methods not identified by the Member State as significantly increasing the average yield of the production region, or only production methods traditional to that region shall be used where the relevant grubbed up area is located in a production region that the Member State has qualified as affected by a structural market imbalance;
(c) the authorisation shall not be used in a different production region from the one in which the grubbed up area is located where the Member State has qualified that different production region as affected by a structural market imbalance;
(d) Member States may set criteria for the allocation and management of replanting authorisations in order to avoid increasing vineyard areas and wine production in regions prone to oversupply in which crisis measures have been applied, as well as in order to take account of market developments, in accordance with their national or regional sectorial strategies.
The conditions referred to in points (b), (c) and (d) of the second subparagraph shall not apply to replanting authorisations in areas characterised by the exceptional difficulty of cultivation due to structural and morphological factors referred to in Part D of Annex II to Commission Delegated Regulation (EU) 2018/273
Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1, ELI: http://data.europa.eu/eli/reg_del/2018/273/oj)..
4. This Article shall not apply in the case of grubbing up of non-authorised plantings.

No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.

02013R1308-20241108 → 02013R1308-20260318

Article 69 Delegated powers The Commission shall be is empowered to adopt delegated acts in accordance with Article 227 to supplement this Regulation by laying down additional rules concerning: (a) the conditions for the application of the exemption exemption, referred to in Article 62(4); (b) the conditions for the grubbing up of abandoned vineyards, referred to in Article 62(6); (c) the rules relating to the criteria criteria, referred to in Article 64(1) and (2); (c) the addition of criteria to those listed in Article 64(1) and (2); (d) the co-existence of vines that the producer has undertaken to grub up with newly planted vines pursuant to Article 66(2); (e) the grounds for Member State decisions under Article 66(3). 66(3) and (3a). The Commission is empowered to adopt delegated acts in accordance with Article 227 to amend this Regulation by adding additional criteria to those listed in Article 64(1) and (2).

No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.

02013R1308-20241108 → 02013R1308-20260318

Article 122 Delegated powers 1. In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on: (a) the presentation and use of labelling particulars other than those provided for in this Section; (b) compulsory particulars concerning: (i) terms to be used to formulate the compulsory particulars and their conditions of use; (ii) terms referring to a holding and the conditions for their use; (iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; (iv) provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and (v) provisions on the use of languages; (vi) rules for the indication and designation of ingredients for the application of Article 119(1), point (i). (c) optional particulars concerning: (i) terms to be used to formulate the optional particulars and their conditions of use; (ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars; (iii) terms referring to a holding and holding, the conditions for their use. use and their relationship with trademarks and commercial names. (d) the presentation concerning: (i) the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes; (ii) the conditions of use of "sparkling wine"-type bottles and closures; (iii) provisions allowing the producing Member States to establish additional rules relating to presentation; (iv) provisions on the use of languages. languages; (v) the identification on the package or on the label attached thereto of the electronic means referred to in Article 119(4) and (5), including by means of a common pictogram or symbol instead of words; (vi) the form and layout of the information provided by electronic means, to simplify its presentation, to adapt it to future technological progress and to new requirements concerning compulsory information relevant to consumers as provided for by Union law or national legislation, or to improve consumer accessibility. 2. In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements. 3. In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009. 4. In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

02013R1308-20241108 → 02013R1308-20260318

Article 167 Marketing rules to improve and stabilise the operation of the common market in wines 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer producing Member States may lay down marketing rules to regulate supply, particularly by way including the setting of maximum yields and setting rules for the management of stocks. Member States may take into account, in decreasing order of priority, decisions taken adopted by interbranch organisations recognised under Articles 157 and 158. 158 of this Regulation, producer groups referred to in Articles 32 and 33 of Regulation (EU) 2024/1143, and producer organisations recognised under Articles 152 and 154 of this Regulation, where such organisations and groups are considered to be representative of the wine sector in accordance with Article 164(3) and Article 166a(2) of this Regulation, in the economic area or areas where the rules are intended to be applied. Such rules shall be proportionate to the objective pursued and shall not: (a) relate to any transaction after the first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for guidance or recommendation; (c) render unavailable an excessive proportion of the vintage that would otherwise be available; (d) provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. 2. The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned. 3. Member States shall notify the Commission of any decisions taken under this Article.

texts differ too much for an inline diff; shown separately

before (02013R1308-20241108)

Article 172b
Guidance by interbranch organisations for the sale of grapes for wines with a protected designation of origin or protected geographical indication
By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.

after (02013R1308-20260318)

Article 172b
Guidance by interbranch organisations and producer groups for the sale of grapes, musts and wines in bulk with a protected designation of origin or protected geographical indication
1. By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation and recognised producer groups referred to in Article 33 of Regulation (EU) 2024/1143 operating in the wine sector, where such organisations and groups are considered to be representative in accordance with Article 164(3) and Article 166a(2) of this Regulation in the relevant geographical area, may provide non-mandatory price guidance indicators concerning the sale of grapes, musts and wines in bulk for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.
2. The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, in future, one or more of the price guidance indicators referred to in paragraph 1 of this Article are to be modified, discontinued or not provided at all if it considers that this is necessary in order to prevent competition being eliminated in respect of a substantial proportion of the products in question or if it considers that the objectives set out in Article 39 TFEU are jeopardised.
When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.
The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

texts differ too much for an inline diff; shown separately

before (02013R1308-20241108)

Article 216
National payments for distillation of wine in cases of crisis
1. Member States may make national payments to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis.
Those payments shall be proportionate and shall allow that crisis to be addressed.
The overall amount of payments available in a Member State in any given year for such payments shall not exceed 15 % of the globally available funds per Member State for that year as laid down in Annex VI.
2. Member States wishing to make use of the national payments referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall decide, without applying the procedure referred to in Article 229(2) or (3), whether the measure is approved and whether the payments may be made.
3. The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid any distortion of competition.
4. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

after (02013R1308-20260318)

Article 216
National payments for distillation of wine, green harvesting and grubbing up in justified cases of crisis
1. Member States may make national payments to wine producers for the voluntary or mandatory distillation of wine, voluntary green harvesting and voluntary grubbing up of productive vineyards in justified cases of crisis.
The payments referred to in the first subparagraph in respect of crisis distillation and green harvesting shall not exceed the sum of the cost of the operation concerned, of an incentive to engage in such operation and, where relevant, of the cost of the product, and shall be sufficient to enable the crisis to be addressed.
The payments referred to in the first subparagraph in respect of grubbing up of productive vineyards shall not exceed the sum of the direct cost of carrying out the grubbing up and financial compensation, which may cover up to 100 % of the estimated loss of revenue for one year in respect of the grubbed up area.
Those payments shall be proportionate and shall be sufficient to enable the crisis to be addressed.
The overall amount of payments available in a Member State in any given year for national payments for distillation and green harvesting shall not exceed 25 % of the globally available funds per Member State for that year as laid down in Annex VII to Regulation (EU) 2021/2115.
2. Member States wishing to make use of the national payments referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. In those notifications, Member States shall justify the appropriateness of the measure, its duration and the amounts of support and other detailed arrangements on the basis of their specific market circumstances and those of the wine regions in which the measure would be implemented.
The Commission shall decide, without applying the committee procedure referred to in Article 229(2) or (3), whether the amount, duration and other detailed arrangements of the measure are approved and whether the payments to wine producers can be made.
Beneficiaries of national payments for grubbing up under this Article shall not be eligible to apply for new planting authorisations in accordance with Article 64 during the 10 marketing years following the one in which the grubbing up took place. Any valid authorisation for new plantings held by such beneficiaries shall be revoked by the Member State when the application for grubbing up is approved.
Member States may exclude from the payments for grubbing up areas where vineyards play an important environmental, landscape preservation or socioeconomic role.
In the production areas and for the types of wines for which one of the measures referred to in paragraph 1 of this Article has been implemented for three consecutive years, the Member State concerned shall suspend the granting of new planting authorisations in accordance with Article 64 until the end of the second marketing year following the last marketing year in which the measure was applied.
Member States may establish eligibility conditions and priority criteria in order to guarantee the effectiveness and targeting of the measure.
3. The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid any distortion of competition.
4. The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplement this Article by laying down rules concerning:
(a) the general conditions of eligibility and the priority criteria to be set by Member States in respect to the allocation of the national payments referred to in paragraph 1 of this Article;
(b) elements that determine the existence of a crisis situation;
(c) the calculation method for the national payments; and
(d) the coherence of such national payments with other Union support measures for the wine sector within the CAP, including the eligibility of beneficiaries or of the production regions covered by these national payments to other Union support measures.

02013R1308-20241108 → 02013R1308-20260318

ANNEX VII DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 78 For the purposes of this Annex, the "sale description" means the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC, or … 1,163 unchanged words … products set out in point (1) and points (4) to (9) may undergo a total or partial de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, after having fully attained their respective characteristics as described in those points. Grapevine products of the categories set out in points (4) and (8) may be obtained by second fermentation of de-alcoholised or partially de-alcoholised wines referred to in point (1). Grapevine products of the categories set out in points (7) and (9) may be obtained by the addition of carbon dioxide to de-alcoholised or partially de-alcoholised wines referred to in point (1). (1) Wine "Wine" means the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must. Wine shall: (a) have, whether or not following application of the processes specified in Section B of … 7,097 unchanged words … with the following fat contents: less than 39 %, more than 41 % but less than 60 %, more than 62 % but less than 80 %. The milk-fat component of the products listed in this Appendix may be modified only by physical processes.