in force 2026-03-18 MODIFIED+645 −335§
Amended by Regulation (EU) 2026/471 32026R0471
applies from: unchanged
Paragraph 2(b) now also allows Member States to not issue authorisations, in addition to limiting their issuing, for new plantings at regional level, and a new point (c) permits limiting or withholding authorisations for specific areas or vine types where national or Union crisis measures on distillation, green harvesting or grubbing up have been implemented in justified crisis cases.
The follow-on sentence about requiring authorisations to be used in the region now refers to limitations under points (b) or (c) and to authorisations being used in the regions concerned, rather than only to point (b) and those particular regions.
Paragraph 3 changes its stated purpose from contributing to an orderly growth of vine plantings and being set above 0% to contributing to the management of the production potential, drops the requirement that limitations be set above 0%, and in points (a) and (b) replaces "well-demonstrated risk" with "demonstrated risk" while point (b) now also covers a demonstrated risk of significant devaluation or improper use by third parties seeking to profit from the reputation of a protected designation of origin or geographical indication.
Cited: Art. 63, v2 · Art. 63, v1
text before / after
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.