Commission Decision of 10 October 2005 fixing, for the 2005/06 marketing year and in respect of a certain number of hectares, an indicative financial allocation by Member State for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999 (notified under document number C(2005) 3738) (Only the Spanish, Czech, German, English, Greek, French, Italian, Hungarian, Portuguese, Slovak and Slovenian texts are authentic) (2005/716/EC)
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Address https://gelex.eu/eli/EU/decision/2005/716@2005-10-10/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine, and in particular Article 14(1) thereof,
Whereas:
(1) The rules for the restructuring and conversion of vineyards are laid down in Regulation (EC) No 1493/1999 and Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential.
(2) The detailed rules on financial planning and participation in financing the restructuring and conversion scheme laid down in Regulation (EC) No 1227/2000 stipulate that the references to a given financial year refer to the payments actually made by the Member States between 16 October and the following 15 October.
(3) In accordance with Article 14(3) of Regulation (EC) No 1493/1999, the financial allocation between Member States must take due account of the proportion of the Community vineyard area in the Member State concerned.
(4) For the purposes of implementing Article 14(4) of Regulation (EC) No 1493/1999, the financial allocations should be made in respect of a certain number of hectares.
(5) Under Article 13(3) of Regulation (EC) No 1493/1999, the Community contribution to the costs of restructuring and conversion is higher in regions classified as Objective 1 in accordance with Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds.
(6) Account must be taken of the compensation for the loss of income incurred by the wine growers during the period when the vineyard is not yet in production.
(7) In accordance with Article 17(5) of Regulation (EC) No 1227/2000, where expenditure actually incurred by a Member State in a given financial year is less than 75 % of the initial allocation, the expenditure to be recognised for the following financial year, and the corresponding total area, are to be reduced by a third of the difference between this threshold and the actual expenditure incurred during the financial year in question. This provision applies in the 2005/06 wine year to Greece, whose expenditure in respect of 2005 amounts to 72,63 % of its initial allocation, and to Luxembourg, whose expenditure amounts to 74,54 % of its initial allocation. This provision does not apply to Member States which took part for the first time in the restructuring and conversion scheme during the 2004/05 wine year, under Article 17(9) of Regulation (EC) No 1227/2000.
(8) In accordance with Article 14(2) of Regulation (EC) No 1493/1999, the initial allocation is adapted in view of real expenditure and on the basis of revised expenditure forecasts submitted by the Member States, taking account of the objective of the scheme and subject to the funds available,
HAS ADOPTED THIS DECISION:
Article 1
The financial allocations by Member State, in respect of a certain number of hectares, for the restructuring and conversion of vineyards under Regulation (EC) No 1493/1999 for the 2005/06 marketing year shall be as set out in the Annex hereto.
Article 2
This Decision is addressed to the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia and the Slovak Republic.
Done at Brussels, 10 October 2005. For the Commission Mariann Fischer Boel Member of the Commission
ANNEX
ANNEX Indicative financial allocations for 2005/06
Member State Area (ha) Financial allocation (EUR) Czech Republic 526 1821677 Germany 1998 12468667 Greece 1249 8574504 Spain 21131 151508106 France 11380 106286269 Italy 13874 99743891 Cyprus 206 2378971 Luxembourg 10 76000 Hungary 1331 10645176 Malta 23 119973 Austria 1077 6574057 Portugal 5747 44975908 Slovenia 153 2336740 Slovakia 299 2490063 Total 59002 450000000
Versions
Cited by
- Commission Decision of 4 October 2006 fixing, for the 2006 financial year and in respect of a certain number of hectares, the definitive financial allocations to Member States for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999 (notified under document number C(2006) 4348) (Only the English, Spanish, Czech, German, Greek, French, Italian, Hungarian, Portuguese, Slovak and Slovenian texts are authentic) (2006/669/EC) Decision · Grade B
The Commission fixed the financial allocations for the 2005/2006 marketing year in Decision 2005/716/EC.
- Commission Decision of 4 October 2006 fixing, for the 2006 financial year and in respect of a certain number of hectares, the definitive financial allocations to Member States for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999 (notified under document number C(2006) 4348) (Only the English, Spanish, Czech, German, Greek, French, Italian, Hungarian, Portuguese, Slovak and Slovenian texts are authentic) (2006/669/EC) Decision · Grade B
Under Article 17(1) and (3) of Regulation (EC) No 1227/2000, expenditure incurred and validated by the Member States is limited to the amount allocated to them as laid down in Decision 2005/716/EC. This limit does not apply in 2006 to any Member State.
- Commission Decision of 4 October 2006 fixing, for the 2006 financial year and in respect of a certain number of hectares, the definitive financial allocations to Member States for the restructuring and conversion of vineyards under Council Regulation (EC) No 1493/1999 (notified under document number C(2006) 4348) (Only the English, Spanish, Czech, German, Greek, French, Italian, Hungarian, Portuguese, Slovak and Slovenian texts are authentic) (2006/669/EC) Decision · Grade B
Under Article 17(4), a penalty is applied where the actual per hectare expenditure of a Member State exceeds that laid down in Decision 2005/716/EC. This year, penalties of EUR 1129015, EUR 1377 and EUR 550 apply to Greece, Luxembourg and Malta respectively.
- Opinion of Advocate General Kokott delivered on 18 March 2010 Opinion · Grade B
For the financial year 2006 (16 October 2005 to 15 October 2006), the indicative breakdown of the allocations made pursuant to Regulation No 1493/1999 for the restructuring and conversion of vineyards was established by Commission Decision 2005/716/EC of 10 October 2005 fixing, for the 2005/06 marketing year and in respect of a certain number of hectares, an indicative financial allocation by Member State for the restructuring and conversion of vineyards under Regulation No 1493/1999 (OJ 2005 L 271, p. 45). In the Annex to that decision, the amount of the indicative financial allocation to the
- Opinion of Advocate General Kokott delivered on 18 March 2010 Opinion · Grade B
Article 14(1) of Regulation No 1493/1999 requires the Commission, before the beginning of the financial year, to make initial allocations to Member States per year on the basis of objective criteria taking into account particular situations and needs, and efforts to be undertaken in the light of the objective of the scheme. For the financial year at issue, this was achieved by means of Commission Decision 2005/716/EC of 10 October 2005.
- Opinion of Advocate General Kokott delivered on 18 March 2010 Opinion · Grade B
The Greek Government takes the view that the aforementioned principles were infringed, on the one hand, through the Commission’s failure to draw immediate attention to what the Greek Government considers to have been an obvious error in the data forwarded before the time-limit passed, which would have made an immediate correction possible. The significant divergence between the number of hectares notified and that taken as a basis by the Commission in Decision 2005/716/EC of 10 October 2005 fixing indicative financial allocations should have led the Commission to make further enquiries.
- Judgment of the Court (First Chamber) 29 July 2010 Judgment · Grade B
For the financial year 2006 (16 October 2005 to 15 October 2006), the indicative breakdown of the allocations made pursuant to Regulation No 1493/1999 for the restructuring and conversion of vineyards was established by Commission Decision 2005/716/EC of 10 October 2005 fixing, for the 2005/2006 marketing year and in respect of a certain number of hectares, an indicative financial allocation by Member State for the restructuring and conversion of vineyards under Regulation No 1493/1999 (OJ 2005 L 271, p. 45). In the Annex to that decision, the amount of the indicative financial allocation to t
- Communication from the Commission establishing formal recognition that a certain number of acts of Community law in the field of agriculture have become obsolete (2009/C 30/04) Notice · Grade B
Commission Decision 2005/716/EC Official Journal L 271, 15.10.2005, p. 45