Subsection 1 — Information in the Member States
Application procedure
1. For the support referred to in point (a) of Article 45(1) of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure and the procedure for the possible extension of the support, as referred to in Article 4 of Delegated Regulation (EU) 2016/1149, which shall include rules on:
(a)
the legal persons that may submit applications in accordance with Article 3 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for their examination and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the provisions on eligible operations, eligibility criteria, priority criteria and other objective criteria set out in Subsection 2 of Section 1 of Chapter II of Delegated Regulation (EU) 2016/1149;
(d)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion;
(e)
the conclusion of contracts including possible standard forms;
(f)
arrangements for the payment of advances and the provision of securities;
(g)
the evaluation of any given supported operation on the basis of appropriate indicators.
2. In case of extension of the support in accordance with Article 4 of Delegated Regulation (EU) 2016/1149, the results of the supported operation shall be evaluated prior to the extension and be taken into account in the extension decision.
3. The beneficiaries who intend to produce certificates on the financial statements to accompany their payment claims in accordance with Article 41 shall communicate their intention to the competent authority at the moment of the submission of their application.
Subsection 2 — Promotion in third countries
Application procedure
1. For the support referred to in point (b) of Article 45(1) of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure and the procedure for the possible extension of the support as referred to in Article 4 of Delegated Regulation (EU) 2016/1149, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 3 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for their examination and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the provisions on eligible operations, eligibility criteria, priority criteria and other objective criteria set out in Subsection 3 of Section 1 of Chapter II of Delegated Regulation (EU) 2016/1149;
(d)
the products concerned and their marketing in conformity with Regulation (EU) No 1308/2013, the national provisions and the relevant specification;
(e)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion;
(f)
the conclusion of contracts, including possible standard forms;
(g)
arrangements for the payment of advances and the provision of securities;
(h)
the evaluation of any given supported operation on the basis of appropriate indicators.
2. In case of extension of the support in accordance with Article 4 of Delegated Regulation (EU) 2016/1149, the results of the supported operation shall be evaluated prior to the extension of the support and be taken into account in the extension decision.
3. The beneficiaries who intend to produce certificates on the financial statements to accompany their payment claims in accordance with Article 41 shall communicate their intention to the competent authority at the moment of the submission of their application.
Subsection 3 — Common provisions
Joint promotion operation
Two or more Member States may decide to select a joint information or promotion operation. They shall undertake to contribute to the financing and agree on administrative collaboration procedures to facilitate the monitoring, implementation and checking of the joint operation.
SECTION 2 — Restructuring and conversion of vineyards
Application procedure
1. For the support referred to in Article 46 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 12 of Delegated Regulation (EU) 2016/1149;
(b)
the content of the application;
(c)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;
(d)
the procedures to ensure the eligibility of the application and its consistency with the rules and the control system set up for the scheme of authorisations for vine plantings in accordance with Articles 66 and 68 of Regulation (EU) No 1308/2013;
(e)
the verification of compliance with the provisions on eligibility criteria, ineligible costs, priority criteria and other objective criteria set out in Section 2 of Chapter II of Delegated Regulation (EU) 2016/1149;
(f)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;
(g)
arrangements for the payment of advances and the provision of securities.
2. Member States may lay down a minimum size of the area which may qualify for support for restructuring and conversion, and a minimum size of area resulting from restructuring and conversion and any derogation from this requirement which shall be duly justified and based on objective criteria.
SECTION 3 — Green harvesting
Application of the support measure
For the purposes of Article 47 of Regulation (EU) No 1308/2013, Member States shall:
(a)
adopt provisions for the application of the support measure, which shall include:
(i)
the prior notification of green harvesting;
(ii)
the amount of compensation to be paid;
(b)
set the deadline for the submission of applications for support for green harvesting between 15 April and 10 June of each year;
(c)
establish by 10 June of each year an expected market situation justifying the application of green harvesting to restore market balance and to prevent crisis and the deadline for carrying out the operation of green harvesting as referred to in point (c) of Article 43(1) of this Regulation;
(d)
every year set a deadline at a date after the establishment of the expected market situation as provided for in point (c) for carrying out the green harvesting operations in accordance with the requirements set out in Article 47(1) of Regulation (EU) No 1308/2013.
Calculation of the compensation
1. Each year, Member States shall calculate the direct costs of green harvesting according to the different methods (manual, mechanical and chemical) that they consider as eligible for the purposes of the conditions adopted by them pursuant to Article 18 of Delegated Regulation (EU) 2016/1149.
In case more than one method of green harvesting is used on the same given area, the compensation shall be based on the least expensive method.
2. Member States shall define the loss of revenue caused by green harvesting on the basis of objective and non-discriminatory criteria, taking into account any cost savings.
Application procedure
1. For the support referred to in Article 47 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 17 of Delegated Regulation (EU) 2016/1149;
(b)
the applicable compensation to the producer concerned;
(c)
the content of the application;
(d)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;
(e)
the verification of compliance with the provisions on the conditions for the proper functioning, the eligibility criteria, ineligible actions and other objective criteria set out in Section 3 of Chapter II of Delegated Regulation (EU) 2016/1149;
(f)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied.
2. Member States may provide that in case the application is withdrawn without duly justified reason, the producer concerned is to bear the costs incurred in relation to the treatment of his application.
Application of the support measure
For the purposes of Article 48 of Regulation (EU) No 1308/2013, Member States shall adopt provisions for the application of the support measure.
Application procedure
For the support referred to in Article 48 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 24 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for their examination and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the conditions for support and other objective criteria set out in Section 4 of Chapter II of Delegated Regulation (EU) 2016/1149;
(d)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;
(e)
the conclusion of contracts including possible standard forms.
SECTION 5 — Harvest insurance
Application procedure
For the support referred to in Article 49 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 27 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for their examination and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the conditions for the proper functioning adopted pursuant to Article 29 of Delegated Regulation (EU) 2016/1149 and other objective criteria set out in Section 5 of Chapter II of that Regulation;
(d)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion, where priority criteria are applied;
(e)
the conclusion of contracts including possible standard forms;
(f)
payments to beneficiaries, including through insurance companies in accordance with Article 28 of Delegated Regulation (EU) 2016/1149.
Application procedure
For the support referred to in Article 50 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 32 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the provisions on eligible actions and costs, eligibility criteria, priority criteria and other objective criteria set out in Section 6 of Chapter II of Delegated Regulation (EU) 2016/1149;
(d)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion;
(e)
arrangements for the payment of advances and the provision of securities.
SECTION 7 — Innovation in the wine sector
Application procedure
For the support referred to in Article 51 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 37 of Delegated Regulation (EU) 2016/1149;
(b)
the submission and selection of applications, which shall include at least the deadlines for the submission of applications, for the examination of the suitability of each proposed action and for the notification of the results of the selection procedure to the operators;
(c)
the verification of compliance with the provisions on eligible actions and costs, eligibility criteria, priority criteria and other objective criteria set out in Section 7 of Chapter II of Delegated Regulation (EU) 2016/1149;
(d)
the selection of the applications, which shall at least include the weighting attributed to each priority criterion;
(e)
arrangements for the payment of advances and the provision of securities.
SECTION 8 — By-product distillation
Application of the support measure
For the purposes of Article 52 of Regulation (EU) No 1308/2013, Member States shall adopt provisions for the application of the support measure.
Application procedure
For the support referred to in Article 52 of Regulation (EU) No 1308/2013 Member States shall lay down rules on the application procedure, which shall include rules on:
(a)
the natural or legal persons that may submit applications in accordance with Article 41 of Delegated Regulation (EU) 2016/1149;
(b)
the verification of compliance with the provisions on the purpose of the support set out in Section 8 of Chapter II of Delegated Regulation (EU) 2016/1149;
(c)
the payment of the support in accordance with Article 42 of Delegated Regulation (EU) 2016/1149 and Article 18 of this Regulation.
Amount of the support
1. The maximum amount of the support referred to in Article 52 of Regulation (EU) No 1308/2013 to be paid to distillers shall be fixed by % volume alcohol and by hectolitre as follows:
(a)
for raw alcohol obtained from marcs: EUR 1,1/ %vol./hl;
(b)
for raw alcohol obtained from wine and lees: EUR 0,5/ %vol./hl.
2. Member States shall fix the amount of support and the amount of the compensation for the collection costs referred to in Article 52(3) of Regulation (EU) No 1308/2013 within the limits provided for in paragraph 1 of this Article and on the basis of objective and non-discriminatory criteria. They shall indicate both amounts in the relevant points when using the models set out in Annexes I, III and IV to this Regulation.
Member States may adjust those amounts according to different production typologies, on the basis of objective and non-discriminatory criteria.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
