Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

• Published date: 30 June 2008
• Official Gazette Publication: Diario Oficial de la Unión Europea, L 170, 30 de junio de 2008,Journal officiel de l’Union européenne, L 170, 30 juin 2008,Gazzetta ufficiale dell’Unione europea, L 170, 30 giugno 2008

02008R0555 — EN — 03.03.2018 — 013.001

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►B COMMISSION REGULATION (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ L 170 30.6.2008, p. 1)

Amended by:

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 42/2009 of 20 January 2009	L 16	6	21.1.2009
M2	COMMISSION REGULATION (EC) No 702/2009 of 3 August 2009	L 202	5	4.8.2009
M3	COMMISSION REGULATION (EU) No 772/2010 of 1 September 2010	L 232	1	2.9.2010
M4	COMMISSION IMPLEMENTING REGULATION (EU) No 314/2012 of 12 April 2012	L 103	21	13.4.2012
M5	COMMISSION IMPLEMENTING REGULATION (EU) No 568/2012 of 28 June 2012	L 169	13	29.6.2012
►M6	COMMISSION IMPLEMENTING REGULATION (EU) No 202/2013 of 8 March 2013	L 67	10	9.3.2013
M7	COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013	L 158	74	10.6.2013
M8	COMMISSION IMPLEMENTING REGULATION (EU) No 600/2013 of 24 June 2013	L 172	13	25.6.2013
M9	COMMISSION IMPLEMENTING REGULATION (EU) No 752/2013 of 31 July 2013	L 210	17	6.8.2013
M10	COMMISSION IMPLEMENTING REGULATION (EU) No 994/2013 of 16 October 2013	L 276	1	17.10.2013
M11	COMMISSION IMPLEMENTING REGULATION (EU) No 168/2014 of 21 February 2014	L 54	14	22.2.2014
M12	COMMISSION DELEGATED REGULATION (EU) No 612/2014 of 11 March 2014	L 168	62	7.6.2014
M13	COMMISSION IMPLEMENTING REGULATION (EU) No 614/2014 of 6 June 2014	L 168	73	7.6.2014
►M14	COMMISSION IMPLEMENTING REGULATION (EU) 2015/1991 of 5 November 2015	L 290	9	6.11.2015
M15	COMMISSION IMPLEMENTING REGULATION (EU) 2016/38 of 14 January 2016	L 11	1	16.1.2016
►M16	COMMISSION DELEGATED REGULATION (EU) 2016/1149 of 15 April 2016	L 190	1	15.7.2016
►M17	COMMISSION DELEGATED REGULATION (EU) 2018/273 of 11 December 2017	L 58	1	28.2.2018

Corrected by:

C1 Corrigendum, OJ L 139, 5.6.2010, p. 3 (555/2008)

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▼B

COMMISSION REGULATION (EC) No 555/2008

of 27 June 2008

laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector

TITLE I

INTRODUCTORY PROVISIONS

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▼B

TITLE II

SUPPORT PROGRAMMES

CHAPTER I

Procedure for submission

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▼B

CHAPTER II

Eligible measures

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▼B

Section 7

Disposal of by-products

▼M17 —————

▼M16 —————

▼B

TITLE III

TRADE WITH THIRD COUNTRIES

CHAPTER I

Entry price arrangements for grape juice and must

▼M17 —————

▼B

TITLE IV

PRODUCTION POTENTIAL

CHAPTER I

Unlawful plantings

Article 55

Penalties in case of non-compliance with the grubbing-up obligation

1. The penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 shall be determined so as to provide an appropriate sanction for those who violated the provisions concerned.

Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall determine the penalties referred to in Article 85(3) and Article 86(4) second subparagraph of Regulation (EC) No 479/2008 on the basis of the following principles:

(a)basic financial penalty to be imposed shall be at least EUR 12 000 /ha;

(b)Member States may increase the penalty based on the commercial value of the wines produced in the vineyards concerned.

2. Member States shall impose the penalty referred to in Article 85(3) of Regulation (EC) No 479/2008:

(a)for unlawful plantings existing at the time of the entry into force of this Regulation for the first time on 1 January 2009;

(b)for unlawful plantings from after the entry into force of this Regulation for the first time with effect of the date of those plantings.

The penalty shall be levied again every 12 months, counted from those dates and in accordance with the criteria established in paragraph 1 of this Article, until compliance with the grubbing-up obligation.

3. Member States shall impose the penalty referred to in Article 86(4) second subparagraph of Regulation (EC) No 479/2008 for the first time on 1 July 2010 for non-compliance with the grubbing-up obligation and thereafter every 12 months until compliance in accordance with the criteria established in paragraph 1 of this Article

4. Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 56

Penalties in case of non-compliance with prohibition of circulation

1. The penalties referred to in Article 87(2) of Regulation (EC) No 479/2008 shall be determined so as to mean an appropriate sanction for those who violated the provisions concerned.

2. The penalties referred to in paragraph 1 shall be imposed if a producer concerned, having more than 0.1 hectares of vineyard area, and according to the appropriate case:

(a)does not submit the distillation contract by the deadline specified in the second subparagraph of Article 57(1) or these contracts do not cover the entire production concerned, as declared in the harvest or production declaration; or

(b)does not inform the competent authority about the intended green harvesting by the deadline specified in the third subparagraph of Article 57(1) or does not carry out the green harvesting in a satisfactory manner.

3. Member States shall impose the penalties referred to in paragraph 1:

(a)in case of non-submission of the distillation contract, one month after the expiry of the deadline laid down in the second subparagraph of Article 57(1);

(b)in case of failure to comply with the rules about green harvesting, on 1 September of the calendar year concerned.

4. Penalties collected within the meaning of this Article shall be retained by the Member State concerned.

Article 57

Non-circulation or distillation

1. In case of Article 87(1) of Regulation (EC) No 479/2008, the grapes or products made from grapes may only have one the following destinations:

(a)distillation at the exclusive expense of the producer;

(b)green harvesting in accordance with the definition of Article 12(1) of Regulation (EC) No 479/2008, at the expense of the producer concerned;

(c)family consumption; this possibility is only acceptable if the producer’s vineyard area does not exceed 0,1 ha.

In case of the distillation foreseen in point (a) of the first subparagraph:

—producers shall submit the distillation contract foreseen in Article 87(1) of Regulation (EC) No 479/2008 by the end of the wine year in which the products were produced,

—products produced before regularisation of the vineyard in accordance with Article 86(1) of Regulation (EC) No 479/2008 shall be subject to the distillation obligation.

In case of the green harvesting as foreseen in point (b) of the first subparagraph, producers shall inform the competent authority in advance about their intention before a date fixed by the Member States in accordance with Article 12(1)(b). Member States shall control green harvesting according to Article 12(1)(d) of this Regulation.

2. Without prejudice to paragraph 1, in order to facilitate control, Member States may foresee an obligation to the producers to notify the competent authority of the Member State before the date fixed by the Member States in accordance with Article 12(1)(b) which of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1 of this Article they are going to choose.

Member States may also limit the choice of producers to only one or two of the possibilities mentioned in points (a) to (c) of the first subparagraph of paragraph 1.

3. In case the given producer has vineyards the products from which may be marketed, the competent authorities shall be responsible for ensuring...