Ineligible operations
Article 1
Regulation (EC) No 555/2008 is amended as follows: (1) in Article 2, paragraph 3 is replaced by the following: ‘3. Member States deciding to reduce, from the 2015 financial year onwards, the amount available for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Council Regulation (EC) No 73/2009 ( *1 ) , shall notify these amounts before 1 August 2013. The data submitted in the forms provided in Annexes I, II, III, VII and VIII shall be adapted accordingly if that decrease had not been already foreseen in the draft support programme presented by 1 March 2013. ( *1 ) OJ L 30, 31.1.2009, p. 16 .’;" (2) Article 4 is amended as follows: (a) in the first paragraph, point (d) is replaced by the following: ‘(d) for each programming period, the support for the promotion and information lasts no longer than three years for a given beneficiary in a given third-country; however, if necessary, it may be renewed once, for a period no longer than two years;’; (b) the third paragraph is deleted; (3) in Article 5, paragraph 3 is replaced by the following: ‘3. Having examined the applications, Member States shall select those offering the best value for money. Preference shall be given to: (a) micro, small and medium-sized enterprises in the meaning of Commission Recommendation 2003/361/EC ( *2 ) ; (b) new beneficiaries who did not receive support in the past; and (c) beneficiaries targeting a new third country for which they have not received support in the past within this scheme. Member States shall draw up a list within the limit of available funds and shall communicate that list to the Commission using the form set out in Annex VIII in order to allow the other Member States to be informed and to increase coherence of the measure. ( *2 ) OJ L 124, 20.5.2003, p. 36 .’;" (4) Article 6 is replaced by the following: ‘Article 6 Ineligible operations 1. For the purposes of the second subparagraph of Article 103q(3) of Regulation (EC) No 1234/2007, “the normal renewal of vineyards which have come to the end of their natural life” shall mean the replanting of the same parcel of land with the same variety according to the same system of vine cultivation. Member States may establish further specifications, especially as regards to the age of the vineyards replaced. 2. The following operations are not 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.’; (5) Article 8 is replaced by the following: ‘Article 8 Levels of support 1. Subject to the provisions of Article 103q of Regulation (EC) No 1234/2007 and of this Chapter, Member States shall lay down rules setting out the eligible restructuring and conversion actions and their respective eligible costs. The rules shall be designed to ensure that the objective of the scheme is met. The rules may provide in particular either for the payment of flat-rate amounts, or for maximum levels of support per hectare. In addition, the rules may provide for the adjustment of the support on the basis of objective criteria. 2. In order to avoid overcompensation, where Member States make use of flat rate amounts, these shall be established on the basis of an accurate calculation of the actual costs of each type of operation. Flat rate amounts may be adapted annually if justified. 3. The support is paid for the area planted, defined in conformity with Article 75(1).’; (6) Article 10 is deleted; (7) Articles 26 to 34 are deleted; (8) in Article 35, paragraph 6 is replaced by the following: ‘6. Member States deciding to transfer, for 2014 and from 2015 onwards, the entire amount of their national envelope for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009, shall not be required to submit the forms set out in Annexes V to VIIIc to this Regulation.’; (9) in Article 43(2), the introductory phrase of the second subparagraph is replaced by: ‘In the case of wine put up in labelled containers of a capacity not exceeding 60 litres, fitted with non-reusable closing devices, and provided that the wine originates in a country appearing in Annex XII, part A, which has offered special guarantees accepted by the Community, the analysis report section of the V I 1 form need be completed only in respect of:’; (10) Article 45 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. V I 1 documents made out by wine producers in the third countries listed in Annex XII, Part B, which have offered special guarantees accepted by the Community shall be considered as certificates or analysis reports drawn up by agencies and laboratories included in the list provided for in Article 48 provided that the producers have received individual approval from the competent authorities of those third countries and are subject to inspection by the latter.’; (b) in the first subparagraph of paragraph 2, point (a) is replaced by the following: ‘(a) in box 1, their names and addresses and their registration numbers in the third countries listed in Annex XII, Part B;’; (11) Articles 67 to 73 are deleted; (12) in Article 77, paragraph 5 is replaced by the following: ‘5. Concerning measures foreseen by Article 103u of Regulation (EC) No 1234/2007, Article 24(1) to (3) and (6), and Article 26(1) and (2) of Commission Regulation (EU) No 65/2011 ( *3 ) shall apply mutatis mutandis . ( *3 ) OJ L 25, 28.1.2011, p. 8 .’;" (13) Article 81 is amended as follows: (a) paragraphs 3 and 5 are deleted; (b) paragraph 4 is replaced by the following: ‘4. The control that the grubbing-up, including as an operation of restructuring and conversion of vineyard, has actually taken place, shall be carried out by an on-the-spot check. In the case of grubbing-up of the entire vineyard parcel or if the resolution of the remote sensing is equal to or higher than 1 m 2 , the control may be carried out by remote sensing.’; (14) Annexes II, III, IV, XII, and XIII are amended in accordance with the Annex to this Regulation; (15) Annexes XIV and XV are deleted.