Premium level
Article 69
1. Without prejudice to national aids that may be given according to Article 106 of Regulation (EC) No 479/2008, the scales of the premium provided for in Article 101 of that Regulation shall be as set out in Annex XV to this Regulation. 2. The historical yield referred to in Article 101(2) of Regulation (EC) No 479/2008 shall be established on the basis of the average yield of the holding, or, if available, the average yield of the parcel or the average yield for a certain wine category within the given holding for which the grubbing-up premium is requested. The average yield shall be calculated on the basis of the average yield in the five years between 2003/2004 and 2007/2008, excluding the years with the lowest and the highest yield. By way of derogation from the first subparagraph: (a) Member States which joined the Community in 2004 or 2007 and did not have a system of harvest declarations in the entire period between 2003/2004 and 2007/2008 shall calculate the historical yield on the basis of the average yield in the years between 2005/2006 and 2007/2008; (b) a producer whose production was adversely affected during the reference period for more than a year by a case of force majeure or exceptional circumstances occurring during that reference period shall be entitled to request that the historical yield be established on the basis of the average yields of the wine years in the period referred to in the first or, when applicable, in point (a) of this subparagraph which were not affected by the case of force majeure or exceptional circumstances. 3. The average yield shall be determined on the basis of the harvest declarations. Notwithstanding the first subparagraph, Member States may foresee that producers who are exempted from the obligation to submit a harvest declaration according to Article 2(2)(c) or Article 2(3) of Regulation (EC) No 1282/2001, may prove their grape production on the basis of the declaration specified under Article 2(2)(c) or the production declaration as referred to in Article 4(1) of that Regulation. Member States may foresee that in case of members of cooperatives or other groups to which they belong or with which they are associated who do not have the declaration specified under Article 2(2)(c) of Regulation (EC) No 1282/2001, the average yield of the cooperative or the group may be taken into account, provided that the cooperative or group certifies that the given producer actually delivered grapes to them in the years concerned. In this case, if available, the average yield for a certain wine category within the given cooperative or group for which the grubbing-up premium is requested shall be taken into account. Member States may foresee that in case neither the harvest declaration nor the declaration specified under Article 2(2)(c) or in Article 4(1) of Regulation (EC) No 1282/2001 is available due to well justifiable reasons, to be verified by the Member States, apart from those mentioned under the second and third subparagraphs, the historical yield shall be the average yield of the region concerned. Member States shall be responsible for the thorough verification of the trustworthiness of the declarations and the alternative sources used to establish the historical yield presented in accordance with this Article. 4. The premium is paid for the area planted, defined in conformity with Article 75.