JORF n ° 39 February 15, 2004 page 3117 text no. 10 order order of 5 February 2004 on quotas of plantation authorisations to produce vins de pays for the campaign 2003-2004 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 the Minister delegate for the budget and budget reform , Having regard to Regulation (EC) No 1493/1999 of 17 May 1999 amended Council on the common organisation of the market in wine;
Having regard to Regulation (EC) no 1227/2000 of the Commission on May 31, 2000 amended laying down detailed rules for the application of Regulation (EC) No 1493/99 as regards production potential;
Given the code rural, and in particular articles r 621 - 121 et seq. and R. 664 - 2 et seq.;
Having regard to Decree No. 97-34 dated January 15, 1997 as amended relating to the devolution of individual administrative decisions;
Having regard to Decree No 2000-848 dated September 1, 2000 amended fixing the conditions of production of vins de pays;
Considering the Decree of 31 March 2003 on the conditions of use of the authorisations of planting of vines;
Having regard to the order of May 5, 2003 amended relating to the external criteria for assigning permissions of planting of vines by use of planting rights to operate to produce vins de pays.
Article 2 where he cannot be given continued under a quota to all applications for permission for planting meets the criteria defined in the Decree of 5 May 2003 referred to above, applications for young farmers during installation, including forecasting of installation authorised by the prefect provides plantations object of the application, are accepted as a priority, and then those corresponding to the criteria of specific priority defined in Schedule 2 to this order. Any balance of the quota is divided between other applications by lowering of the maximum area attributable.
When a quota does not accept all applications corresponding to the priority criteria laid down in the preceding paragraph, the quota shall be allocated between these only requests by lowering of the maximum area due.
Article 3 where an application is made by an agricultural grouping joint operation, the maximum area due is multiplied by the number of operators in the agricultural group of joint operation, within the limit of 10 operators, without prejudice to the limit of 30% of the wine-growing area of the holding laid down by the Decree of May 5, 2003, referred to above.
Where an application by an agricultural joint operating group, includes plantations under the planned installation (PPE) of young winemakers study and plantations coming not as a SPUR, the application is treated as two separate applications, one involving plantations entering as part of a SPUR, the other those entering not through a SPUR.
Article 4 the determination of the quota to take into account to request a given planting is done depending on the location of the plots to plant.
When planting is planned on a commune belonging to several country wine production areas, take into account quota is correspond to the more restricted area of production of wine country geographically.
Article 5 the annexes referred to in this order are available at the Ministry of agriculture, food, fisheries and Rural Affairs (Directorate of economic and international policies), at the headquarters of the ONIVINS and in its regional delegations.
Article 6 the Director general of customs and Excise and the Director of economic and international policies are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.
Done at Paris, on February 5, 2004.
The Minister of agriculture, food, fisheries and Rural Affairs, for the Minister and by delegation: by incapacity of the Director of economic and international policy: the Chief Engineer for the rural engineering, water and forests, Mr. Guittard the Minister delegate to the budget and budget reform, for the Minister and by delegation: the Director-general of customs and Excise F. Medina