Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and laying down specific provisions for certain agricultural products (Single Regulation) for the COM), repeals and replaces all the regulations which the Council has adopted since the establishment of the common agricultural policy, in the framework of the creation of common market organisations for products or groups of products in order to simplify the regulatory environment for the common agricultural policy (CAP), other Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine. That Regulation (EC) 1234/2007 has been amended by Council Regulation (EC) 491/2009 of 25 May introducing substantial innovations in the wine sector.

Furthermore, Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, the mandatory declarations and the collection of information for the monitoring of the market, the documents accompanying the transport of products and the records to be carried out in the wine sector, lays down the need for the Member States shall have to adopt the national models of the declarations concerned, The Commission also has the power to regulate various aspects related to them. Content is currently contained in identical terms in Council Regulation (EC) No 1234/2007 of 22 October 2007 in the Council Regulation (EC) No 491/2009 of the European Parliament and of the Council of 25 May 2009, mentioned in the preceding paragraph.

Law 24/2003, of July 10 of Vine and Wine, establishes a regime of violations and sanctions and other complementary measures that must be applied without prejudice to the provisions of the Community legislation.

This royal decree complies with this obligation, developing the regulatory powers of implementation, conferred on the Member States in the field considered, and establishing the models with the minimum data that must contain the declarations of the wine sector

On the other hand, a new declaration of destination of the production of illegal plantations has been included in order to improve the traceability and knowledge of the destination of the productions of these plantations since these productions cannot be marketed.

An amendment to Royal Decree 1244/2008 of 18 July 2008 regulating the potential for vineyard production has also been included in order to improve the applicability of the vineyard abandonment regime.

The basic regulation contained in this provision is made by royal decree, since it is a matter of a markedly technical nature, closely linked to the development of Community legislation.

During the processing of this provision, the autonomous communities have been consulted, as well as the representative entities of the sectors concerned.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of July 31, 2009,

DISPONGO:

Article 1. Object.

This royal decree is intended to lay down the basic rules on compulsory declarations of the wine sector necessary for the development of Regulation (EC) No 1234/2007 of 22 October 2007, which a common organisation of agricultural markets is established and specific provisions are laid down for certain agricultural products (Single CMO Regulation) and Commission Regulation (EC) No 436/2009 of 26 May 2009 on the establishment of a common organisation of agricultural markets lay down detailed rules for the application of Council Regulation (EC) No 479/2008 in with regard to the vineyard register, the compulsory declarations and the collection of information for the monitoring of the market, the documents accompanying the transport of products and the records to be carried in the sector wine.

Article 2. Definitions.

For the purposes of applying this royal decree, the following definitions shall apply:

a) "Cochechero". It is the natural or legal person, or group of natural or legal persons, irrespective of the legal form of the group or its members, which obtains the annual product of the vineyard parcel either by being the owner of the parcel or by have a right attached to it.

b) "Holder of the vineyard". It is the natural or legal person, or group of natural or legal persons, irrespective of the legal form of the group or its members, which has the rights of planting or replanting over the cultivation, either as a result of a property right, or because it has a right of disposition on the crop.

c) "Producer". Any natural or legal person, or group of such persons who have produced must or wine from fresh grapes, grape must, partially fermented grape must or new wine in the process of fermentation, obtained by themselves or purchased.

d) "Illegal planting". Plots planted with vines without authorization from the administration.

Article 3. Stock statement.

1. All natural or legal persons, or groups of natural or legal persons, irrespective of the legal form of the group or its members, which have wines or musts in their possession, and which are not private or retail consumers, must submit annually a declaration by the winery or stock of the stock of grape must, concentrated grape must, rectified concentrated grape must and wine in their possession as at 31 July of each year. year.

2. The stock declaration must be completed on the forms or supports provided for by the respective autonomous communities, which shall contain at least the data set out in Annex I.

3. The declaration of stocks shall be lodged until 10 September of each year before the competent authority of the autonomous community where the warehouse or warehouse in which wines or musts are stored, or in any of the places, is provided. provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 4. Harvest declaration.

1. Each harvester must submit annually a harvest declaration to be completed on the forms or supports provided for by the respective autonomous communities, which shall contain at least the data contained in the Annex IIa and IIb. The harvest declaration shall be exempt from the harvest declaration for harvesters which meet one of the following conditions:

(a) Their total production of grapes is intended for consumption in the natural state, for the production of the production of grapes or for direct processing into grape juice.

(b) The holding has less than 0,1 hectares of vineyard in production provided that it does not market any part of its harvest or that it delivers the whole of its harvest to a cooperative winery or to a group of which it is a partner or members.

2. The harvest declaration shall be submitted until 10 December of each year before the competent authority of the autonomous community where the vineyard plots are located, or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. Those autonomous communities which have the means of making it possible to link the harvesters who are required to submit the declaration annually with the production declared and with the vineyard parcels from which those products are produced, may exclude their harvesters from the presentation of Annex IIb.

Article 5. Production declaration.

1. All producers who have produced must or wine from the harvest of the current marketing year must submit an annual production declaration by 25 November each year. The production declaration shall be exempt from the presentation:

(a) Producers who are harvesters exempt from the presentation of the harvest declaration, by complying with the conditions laid down in Articles 4 (1) (a) or (b) of Article 4 (1) of this Royal Decree.

(b) Producers who obtain on their premises, by vinification of purchased products, a quantity of wine less than 10 hectolitres (1,000 litres), not intended for marketing.

(c) The members or members of a cooperative winery subject to the obligation to submit a declaration, who deliver all their production to that cooperative winery, even if they reserve a small part to obtain by means of vinification a quantity of wine less than 10 hectolitres (1,000 litres) intended for its particular consumption.

2. Production declarations must be completed on the forms or supports provided for by the respective autonomous communities, which shall contain at least the data set out in Annexes III, IIIa and IIIb.

Required persons shall submit a production declaration for each installation, using a single copy of Annex III together with the necessary ones in Annex IIIa and IIIb.

3. The declarations shall be submitted between 26 November and 10 December of each year before the competent body of the autonomous community where the holds or storage are located, or in any of the places provided for in Article 38.4 of the Law. 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 6. Declaration of destination of illegal plantation productions.

1. Without prejudice to Articles 85a and 85b of Regulation (EC) No 1234/2007 of the Council of 22 October 2007 establishing a common organisation of agricultural markets and laying down specific provisions for the certain agricultural products (Single CMO Regulation), the person responsible for an illegal vineyard plantation or the owner of the vineyard parcel, must submit an annual declaration of destination for the production of illegal plantings of vineyards for the production of products which cannot be marketed under Article 15 of the Royal Decree 1244/2008 of 18 July 2008 regulating the production potential of wine in the forms or supports provided for by the respective autonomous communities, which shall contain at least the data set out in the Annex IV.

2. The declaration of destination for the production of illegal plantings shall be submitted until 10 December of each year before the competent authority of the autonomous community where the illegal vineyard plantations are located, or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 7. Information and follow-up.

1. The Autonomous Communities shall provide the Ministry of the Environment, and the Rural and Marine Environment with all the information necessary for the fulfilment of the obligations of communication to the Commission of the European Union provided for in the legislation. Community, with a minimum of 30 days ' notice to the deadlines set for each case.

2. The Ministry of the Environment, and the Rural and Marine Environment and the Autonomous Communities shall, preferably by electronic means, exchange the information necessary to facilitate the monitoring of the provisions referred to in this royal decree.

Article 8. Failure to comply with the obligation to declare and penalties.

1. The obligation to present the declaration of stocks, grape harvest, production and destination of the production of illegal plantations that do not do so within the time limits laid down in this royal decree, will incur a slight infringement, in accordance with Article 38.1 (d) of Law 24/2008 of 10 July 2008 on Vine and Wine.

2. The absence of any of the mandatory declarations relating to grapes, wines and musts, as well as errors, inaccuracies or omissions affecting the characteristics of the goods or goods entered, shall constitute a serious infringement. Article 39 (1) (a) and (b) of Law 24/2003, of 10 July, of Vina and Wine.

3. In addition to paragraphs 1 and 2 of this Article, the penalties provided for in Article 18 of Commission Regulation (EC) No 436/2009 of 26 May 2009 shall also apply.

Single additional disposition. The conversion factor of the grapes into wine.

For the purposes of this royal decree, the factor of 0 ' 74 hectolitres of wine per 100 kilograms of grapes will be used for the conversion of the quantities of grapes into wine.

Repeal provision. Regulatory repeal.

As many rules of equal or lower rank are repealed, they oppose the provisions of this royal decree, and in particular:

(a) Royal Decree 1227/2001 of 8 November on declarations of stocks, grape harvest and production of the wine sector.

b) Royal Decree 373/2003 of 28 March 2003 for urgent measures in the wine sector.

Final disposition first. Amendment of Royal Decree 1244/2008 of 18 July 2008 regulating the potential for wine production.

Royal Decree 1244/2008 of 18 July 2008 regulating the potential for wine production is amended as follows:

One. Article 18 (1) (b) shall be worded as follows:

"(b) Not having received any Community aid under any other common market organisation in the five wine years preceding the application for grubbing-up."

Two. Article 18 (1) (f) shall be worded as follows:

"(f) Be registered in the vineyard register in the name of the holder a minimum of one year before 1 August of the year in which the application for the start of the vineyard is submitted."

Three. Article 23 (2) is worded as follows:

" 2. The autonomous communities shall communicate to the holders of the areas the acceptance of the application for grubbing-up, once the conditions of eligibility referred to in Article 18 (1) (c) have been checked, and the premium which is grant them and the deadline to which the grubbing-up may be carried out and which shall in any event be before 30 April of the year following which the application for grubbing-up was submitted. '.

Four. Article 24 (2) is worded as follows:

" 2. If, after the on-the-spot check, it is found that the holder has not removed the entire area for which the application for the abandonment premium was accepted, he shall not receive any aid from the vineyard abandonment scheme, and shall be considered as a minor infringement as provided for in Article 38.1 (g) of Law 24/2003, of July 10, of Vina and Vino and shall be sanctioned in accordance with the provisions of Article 42.1 of that Law. ".

Final disposition second. Competence title.

This royal decree is dictated by the provisions of Article 149.1.13ª of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. economic.

Final disposition third. Faculty of development.

The head of the Ministry of the Environment, and the Rural and Marine Environment is empowered to modify the annexes of this royal decree in accordance with the modifications of the Community legislation.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given at the Honorary Consulate of Spain in Funchal, on July 31, 2009.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA

ANNEX I

ANNEX II to

ANNEX II b

ANNEX III

ANNEX III to

ANNEX III b

ANNEX IV