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Order Of 5 February 2004 On Quotas For Planting To Produce Permissions

Original Language Title: Arrêté du 5 février 2004 relatif aux contingents d'autorisations de plantation en vue de produire

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JORF No. 39 of 15 February 2004 Page 3117
Text No. 10


ARRETE
Decree of 5 February 2004 on quotas for planting authorisations to produce country wines for the 2003-2004 crop year

NOR: AGRP0400402A ELI: http://www.legifrance.gouv.fr/eli/arrete/2004/2/5/AGRP0400402A/jo/texte


Minister of Agriculture, Food, Fisheries and Rural Affairs and Minister Delegate to Budget and Budget Reform,
In view of Regulation (EC) No 1493/1999 of the Council of 17 May 1999 amended on the common organisation of the market in wine;
Having regard to Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Regulation (EC) No 1493/99 Concerns the potential for production;
In view of the rural code, and in particular Articles R. 621-121 et seq. And R. 664-2 et seq.;
Given the amended Decree No. 97-34 of 15 January 1997 on the deconcentration of administrative decisions Individual;
Given the amended Decree No. 2000-848 of 1 September 2000 laying down the conditions for the production of country wines;
In view of the decree of 31 March 2003 on the conditions for the use of authorisations for planting vines;
Vu The decree of 5 May 2003 amending the criteria for the allocation of planting authorisations for vines by using planting rights external to the holding for the production of country wines;
In view of the opinion of the Wines from the National Interprofessional Wine Office dated 30 December 2003,
Stop:

Article 1


Planting authorizations to produce wines from countries subject to the order of 5 May 2003 are Granted within the limits of the quotas set out in Annex 1 to this Order. The conditions for the use of these planting authorisations are those laid down in the decree of 31 March 2003 mentioned above.

Article 2


Where, within the framework of a quota, it cannot be given effect to all applications for planting authorisations meeting the criteria laid down in the decree of 5 May 2003, the applications concerning young farmers in phase Of installation, of which the preliminary study of installation approved by the Prefect provides for the plantings subject to the application, shall be accepted as a priority, and then those corresponding to the specific priority criteria defined in Annex 2 to the present Stopped. The contingent balance is allocated among the other requests by lowering the maximum attributable area.
Where a quota does not permit the acceptance of all applications corresponding to the priority criteria set out in The preceding paragraph, the quota shall be distributed among those requests only by lowering the maximum area attributable.

Article 3


Where an application is made by a common farm group, the maximum attributable area is multiplied by the number of operators in the pool of operations in common, within the limit of 10 Operators, without prejudice to the limit of 30 % of the vineyard area of the operation provided for by the decree of 5 May 2003 referred to above.
Where an application, submitted by a joint farming group, includes plantations Provided for in the Early Forecasting Study (EPI) of young winegrowers and plantations not entering the framework of an EPI, the application is treated as two separate applications, one grouping the plantations within the framework of a EPI, the other non-PPE.

Article 4


The determination of the quota to be taken into account for a Request for planting is done according to the location of the plots to be planted.
When a planting is planned on a commune belonging to the production areas of several country wines, the quota to be taken into account is that Corresponding to the area of wine production of the most restricted geographical country.

Article 5


The annexes cited in the Shall be consulted at the Ministry of Agriculture, Food, Fisheries and Rural Affairs (Economic and International Policy Directorate), at the headquarters of the ONIVINS and in its regional delegations.

Item 6


The Director General of Customs and Indirect Rights and the Director of Economic and International Policy are responsible. Each in respect of the execution of this Order, which shall be published in the Official Journal of the French Republic.


Done at Paris, February 5, 2004.


Minister of Agriculture, Food,

Fisheries and Rural Affairs,

For the Minister and delegation:

By preventing the

Director from economic and international policies:

The engineer in chief of rural engineering,

of waters and forests,

M. Guittard

The minister delegated to the

budget and to the Budget reform,

For the Minister and delegation:

The

Director General of Customs and Indirect Rights,

F.
Mongin


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