Royal Decree 740/2015, 31 July, Which Regulates The Wine Production Potential, And Amending The Royal Decree 1079 / 2014, Of 19 December, For The Implementation Of The Measures Of The Support Programme 2014-2018 For The Wine Sector.

Original Language Title: Real Decreto 740/2015, de 31 de julio, por el que se regula el potencial de producción vitícola, y se modifica el Real Decreto 1079/2014, de 19 de diciembre, para la aplicación de las medidas del programa de apoyo 2014-2018 al sector vitivinícola.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8648

Regulation (EU) No. 1308 / 2013, the European Parliament and the Council, of 17 December, by establishing the common organisation of markets in agricultural products and that repealing Regulations (EEC) No. 922/72, (EEC) No. 234/79, (EC) No. 1037 / 2001 and (EC) No. 1234 / 2007, establishing a new system for the management of plantations of vineyards at the level of the EU based on authorizations.

Also, the regulation delegate (EU) No. 2015 / 560 of the Commission, of 15 of December 2014, by which is complete the Regulation (EU) No. 1308 / 2013 of the Parliament European and of the Council in what terms to the regime of authorizations for plantations of vine and the regulation of execution (EU) No. 2015 / 561 of the Commission, of 7 of April of 2015 , by which establish rules for the application of the Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council as regards the regime of authorizations for vine plantations, complement this regulation.

Regulation (EC) No. 1234 / 2007 of the Council, of 22 October 2007, whereby establishing a common organisation of agricultural markets and specific provisions for certain agricultural products established a transitional regime of planting rights, as a continuation to the previous regulations liberalize the plantations of vineyards from the 31 December 2015 , except in certain areas to choose for each State Member that should do it starting from the 31 of December of 2018.

Thus, article 63 of Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December provides a safeguard for new plantations mechanism, whereby each year should be to provide authorizations for new plantations corresponding to 1% of the planted acreage of vineyards, but is given the possibility of applying one lower percentage nationwide if duly justified. Article 64 of the regulation establishes the rules governing the granting of authorisations for new plantations and sets the criteria for admissibility and priority that Member States may apply, by also setting standards at the level of the Union relating to the procedure to be followed by Member States in relation to decisions about the safeguard mechanism and the choice of criteria for eligibility and priority. Is advisable to develop the application of these provisions. Is regulate also the aspects relating to them authorizations by replanting of vineyard and to the conversions of rights of plantation in authorizations that are already granted to 31 of December of 2015. There is that highlight that an of them news of the new regime regulatory of the Union European is that already not is can perform transfers of authorizations, except in cases very specific, what should have reflection in the normative Spanish.

The Royal Decree developed the procedure for the implementation in our country of the regime of authorizations.

He regime of authorizations of vineyard not is apply in the Islands Canary, since from the 31 of December of 2012 not is applied the regime transitional of rights of plantation of vineyard willing in the article 25 (3) of the Regulation (EU) No. 228 / 2013 of the Parliament European and of the Council, of 13 of March by which is establish measures specific in the sector agricultural in favour of them regions outermost of the Union.

This Royal Decree is intended to enact specific provisions in respect of wine-growing potential, contributing to the Spanish vineyard management ensuring orderly growth of plantations of vineyards and improve the competitiveness of the Spanish wine sector.

The Union European has set them standards relating to the award of authorizations so all them applicants are subject to standards similar in all the Union and so avoid that is face to inequalities unjustified, delays over or a load administrative excessive. Therefore, is must keep those principles in Spain so the application is uniform, not is produce discrimination and is can comply with the standards of admissibility and priority established for all by equal.

A special role is given to the sector, since inter-branch organizations in the wine sector and management bodies of appellations of origin protected and protected geographical indications can provide recommendations for limitations and restrictions on planting, provided that certain circumstances.

In Spain, the regulation on the system of planting rights, is collected in the Real Decree 1244 / 2008 of 18 July, which regulates the wine production potential. To the view of the normative approved by the Union European in them last years, is considered necessary proceed to its repeal without prejudice of its ultraactividad in it relative to them plantations illegal since so it sets the Regulation (EU) No. 1308 / 2013, of the Parliament European and of the Council, of 17 of December.

Include the procedure to be followed for the classification of wine grape varieties. Agrees however simplify the classification so the communities autonomous made a unique list of varieties of grape of winemaking with the objective of simplify.

Is comes also to modify the Real Decree 1079 / 2014, of 19 of December, for the application of them measures of the program of support 2014-2018 to the sector wine, for adapt it helps to the restructuring and conversion of vineyard to the new normative on authorizations and collect in line with it indicated by the Commission European, that not can receive this helps those plantations of vineyard made with an authorization of new plantation as not is is in the field application of the aid for restructuring and reconversion of vineyards, at the time that correcting certain errors detected in articles 41, 61.3, 74.3 and 91.

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

In his virtue, to proposal of the Minister of agriculture, power and environment, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers, in its meeting of the day 31 of July of 2015, HAVE: CHAPTER I provisions general article 1. Object.

This Royal Decree aims to establish basic legislation in the field of wine-growing potential, necessary for the development of Regulation (EU) No. 1308 / 2013, the European Parliament and the Council, of 17 December, 2013, by establishing the common organisation of markets in agricultural products and that repealing Regulations (EEC) No. 922/72 , (EEC) No. 234/79, (EC) No. 1037 / 2001 and (EC) No. 1234 / 2007; as well as Regulation (EC) No. 555/2008 of 27 June 2008 Commission, which lays down rules for the implementation of Regulation (EC) No. 479/2008 Council, by which establishes the common organisation of the market in wine, with regard to programmes of support, trade with third countries, production potential and the controls in the wine sector; Delegate Regulation (EU) No. 2015/560 of the Commission of 15 December 2014, whereby complete regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council as regards the regime of authorizations for vine plantations; and the implementing Regulation (EU) No. 2015/561 of the Commission of 7 April 2015, which lays down rules for the application of the Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council as regards the system of authorizations for vine plantations.

Article 2. Scope of application.

1. the provisions of this Royal Decree shall apply only to the vines intended for the production of wine grapes.

2. the regime of authorizations of vineyard shall not apply in the autonomous community of the Canary Islands.

Article 3. Definitions.

1. for the purposes of this Royal Decree shall apply the definitions laid down in the Regulation (EU) No. 1308 / 2013, the European Parliament and of the Council of 17 December.

2 also means as: to) "Wine-grower": the natural or legal person or group of natural or legal persons, irrespective of the legal form of the group or its members, who cultivate the plantings of vines, well as a result of a property right, either because a right of disposal over the crop is attributed.

(b) "owner": the natural or legal person or group of individuals or legal entities, irrespective of the legal form the group or its members, or entity without juridical personality, which holds the right of property on the plot where the vineyard is located.

(c) ' holder of authorization': the person who has the authorization to your name inscribed in the wine log.

(d) ' holder of boot': wine grower named boot resolution is issued.

(e) ' competent authority': the competent body of the autonomous community for the handling and resolution procedures referred to in the present Royal Decree.


(f) «new plantation»: the plantations for which is granted an authorization according to the percentage of the planted acreage of vineyards to 31 July of the previous year, which is annually made available in accordance with article 63 of Regulation (EU) No. 1308 / 2013, the European Parliament and of the Council of 17 December.

(g) «start»: the total elimination of all strains that are planted vine surface. This starter includes the disposal both of the rootstock as of the part air of the plant.

(h) «plantation not authorized»: plantations of vineyards made without authorization.

(i) ' holder of the planting right': the person who has registered the planting right to its name in the wine register before December 31, 2015.

(j) ' wine-grape variety': vine variety cultivated, on a regular basis, for the production of grapes intended for the manufacture of wines for human consumption.

(k) ' variety of rootstock»: variety of vine cultivated for the production of material vegetative of vine and of which is get the part underground of the plant.

CHAPTER II regime of authorizations for plantations of vineyards from 1 January 2016 article 4. Regime of authorizations for plantations of vineyards.

1. from 1 January 2016, and up to December 31, 2030, wine grape vineyard plantations may be planted or replanted only if he is granted an authorization in accordance with the conditions laid down in the Regulation (EU) No. 1308 / 2013, the European Parliament and of the Council, delegate Regulation (EU) No. 2015/560 of the Commission , the implementing Regulation (EU) No. 2015/561, of the Commission, and in the present Royal Decree.

2. of plantation authorisations granted under this Royal Decree shall be without prejudice to compliance, for the year of planting, the rest of applicable legislation, especially in wine and environmental matters.

Article 5. Surfaces free of the regime of authorizations for plantations of vineyards.

1. by virtue of article 1 of the delegate Regulation (EU) No. 2015/560 of the Commission, the grapes produced in areas intended for experimental purposes or the cultivation of nurseries of grafts, and wine products obtained in both cases, may not be marketed for the periods during which the period of production of the graft nurseries or the experiment will take place.

2. the communities autonomous may decide that the plantations referred in the paragraph 3 of the article 1 of the Regulation Executive (EU) No. 2015 / 560 of the Commission, are subject to notification.

Section 1 new plantations article 6. Authorizations for new plantations.

1. before the 1 of February of each year, the Ministry of agriculture, power and environment set the surface that is may grant for authorizations for new plantations, and that must be superior to the 0% and as maximum of the 1% to level national of the surface planted of vineyard to 31 of July of the year previous.

2. is may limit, but not ban, the surface available for authorizations in the area geographical delimited of a designation of origin protected or indication geographical protected specific.

(3. for the determination of them paragraphs 1 and 2, is must have in has them reasons collected in the paragraph 3 of the article 63 of the Regulation (EU) No. 1308 / 2013, of the Parliament European and of the Council, of 17 of December, and must base is in: to) a analysis of the perspectives of market;

(b) a forecast of the impact of the new surfaces that will enter in production and plantation and authorizations granted rights not yet exercise;

(c) the recommendations of the representative professional organizations carried out on point 1 and 2 as set out in article 7.

4 before the date set in paragraph 1, the Ministry of agriculture, food and environment will make public, through Resolución of the General Director of productions and agricultural markets will be published in the «Official Gazette», decisions on points 1 and 2 that must be applied to the granting of authorisations for that year for new plantations. Also be made public, through the web page of the Ministry, all the recommendations made on the basis of article 7.

Article 7. Recommendations on limitations on new plantations.

1. by virtue of article 65 of the Regulation (EU) No. 1308 / 2013, the European Parliament and of the Council of December 17 may make recommendations on paragraphs 1 and 2 of article 6, the inter-branch organizations operating in the wine sector recognized according to article 157 Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December In addition to those are recognized according to the legislation, national and regional, the management bodies of the denominations of origin protected and the protected geographical indications.

2. the recommendations made should be preceded by an agreement between the relevant representative parts of the geographical area concerned, and be duly substantiated on the basis of a study that demonstrates the existence of a risk of oversupply of wine products in relation to the prospects of the market for those products, or a risk of significant devaluation of a protected designation of origin or specific protected geographic indication.

3. the recommendations should contain the minimum information specified in annex I, they shall be sent before 1 November of the previous year to which it is intended to have effects on the authorizations granted to the Ministry of agriculture, food and environment, for its assessment and decision by the same.

Article 8. Criteria of admissibility of applications.

1 so that a request be considered admissible, the applicant will have at your disposal for any regime of tenure, land surface for which the authorization in the autonomous community that will be planted is sought. Verification of the provision on the surface will take place at the time of the filing of the application and at the time of the communication of the planting to be carried out by the applicant pursuant to paragraph 7 of article 11.

(To them effects of this article, is means by surface agricultural, it defined in the letter e) of the paragraph 1 of the article 4 of the Regulation (EU) No. 1307 / 2013 of the Parliament European and of the Council of 17 of December of 2013, by which is set standards applicable to them payments direct to them farmers under regimes of aid included in the frame of the political agrarian common and by which is repealed them regulations (CE) No. 637 / 2008 and (EC) No. 73 / 2009 of the Council.

2. for the checking of this criterion of admissibility, them communities autonomous will have in has the Register General of the production agricultural regulated by the Real Decree 9 / 2015, of 16 of January, by which is regulate them conditions of application of the normative community in matter of hygiene in the production primary agricultural or any of them records that them authorities competent have willing in accordance with the article 6 of the Regulation (CE) No. 852 / 2004 of the Parliament European and of the Council of 29 April 2004 on the hygiene of foodstuffs. In duly justified cases, in particular when more than one applicant on the same plot, may take into account other documentation verifying that the applicant for the authorization complies with the criteria.

Article 9. Place and deadline for submission of applications.

1. interested parties shall submit a request, between February 1 and March 15 of each year, both inclusive, to the competent authority of the autonomous community where you will be planting the vineyard. The request may be made in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. You will also accept electronic filing of applications in accordance with law 11/2007, of 22 June, electronic access of citizens to public services.

Pursuant to article 5 of the implementing Regulation (EU) No. 2015/561 of Commission requests must indicate the specific location of the surface for which the authorization is requested and the requested surface. Applications shall be submitted in accordance with a model containing the data listed in annex II.

2. the autonomous communities will examine the applications received as to their conformity with the criteria of admissibility, and once finished the period for submission of applications, be notified to applicants whose application has been excluded by failing to meet the criteria of admissibility, a resolution stating the reasons why the request is denied.

3. the competent authority of the autonomous community shall forward to the Ministry of agriculture, food and environment, before June 1 of each year the list of admissible requests classified by order of score, depending on the degree of compliance with the criteria of priority laid down in article 10 and as set out in annex III. The information minimum that should send them communities is will correspond with the pick-up in the annex IV.

Article 10. Criteria of priority.


(Them criteria of priority based on which is shall draw up the list of the paragraph 3 of the article 9 are them following: to) that the applicant is a person, physical or legal, that in the year of the presentation of the application not meets more than 40 years and is a new grower.

Conforme_a letter to) of paragraph 2 of article 64 of Regulation (EU) No. 1308 / 2013, of the European Parliament and of the Council of 17 December means as new winemaker who plant vines for the first time and is established as a Manager.

For the verification of the requirement about the planting for the first time, at the time of the opening of the application period must be checked that the applicant has not been owner of any parcel of vineyards in the wine log.

For the checking of the condition of the applicant as Chief of exploitation, is must check that in the moment of opening of the term of requests the applicant is who is assuming the risk business of its exploitation. It must present the documentation that allows you to verify that it is the owner of books of registration and operation established on the basis of the specific sectoral legislation.

Shall be considered that a legal entity, irrespective of its legal form, meets this criterion of priority if you meet any of the conditions laid down in paragraphs 1) and 2) of section A of annex II to the delegate Regulation (EU) No. 2015/560 of the Commission. To these effects is means that an applicant new vintner exerts the control effective on the person legal when them actions or shares of the same pose, at least, a capital social equal or top that the of the partner with greater participation and, also, form part of your board guiding u organ of Government.

(Under the point 3) of the paragraph to of the annex II of the regulation delegate (EU) No. 2015 / 560 of the Commission, the applicant is must commit during a term of five years from the plantation of the vineyard to not transfer to another person or to others people the exercise of the control effective and to long term of the exploitation, with regard to them decisions relating to it management ((, them benefits and them risks financial, unless that person or people meet the conditions of them points 1) and 2) of said paragraph that were of application in the time of the granting of authorizations.

Commitments required in this section only shall be taken into account when in the year in which the application is submitted there is enough surface area available for all requests admissible and had, therefore, to apply the priority criteria.

(b) that the applicant, at the time of opening of the term of requests, not have plantations of vineyard without authorization according to it established in the article 71 of the Regulation (EU) No. 1308 / 2013, of the Parliament European and of the Council, of 17 of December, or without right of plantation according to it established in them articles 85 bis and 85 ter of the Regulation (CE) No. 1234 / 2007 of the Council.

If criterion b) are satisfied, you prioritize in addition to applicants that has expired no authorization for new planting previously granted by have not been used, does not have plantations of vineyards left in the wine log for 8 years until the opening of the application period, or when the applicant has not reneged on the commitment in paragraph 3 of article 16 or has not breached the indicated commitment in the (sixth paragraph of the letter to) of this article, where appropriate. All of these checks will be made at the time of the opening of the application period.

Article 11. Authorisation of new planting.

1. once ordered all admissible requests submitted by the autonomous communities to the Ministry of agriculture, food and environment, to each request with higher score you will be all the requested surface before moving on to the next request, until it is exhausted the available surface.

To them requests with a same score, for whose joint not had enough surface available to meet the surface requested, is les shared the surface available to pro rata, as is defined in the annex I of the regulation of execution (EU) No. 2015 / 561 of the Commission.

2 where he has limited the area available for authorizations in geographical areas defined in a denomination of protected origin or protected geographical indication specific pursuant to paragraph 4 of article 6 of decision and the surface requested in such areas exceeds the maximum area set for that area according to article 6, they will be awarded until reaching the surface set for that zone in the procedure for granting authorisations in accordance with the paragraph 1.

3. the Ministry of agriculture, food and environment sent to them communities autonomous not more afternoon of the 1 of July, them requests for which is may grant authorizations, and the surface by which is may grant it authorization. Them communities autonomous must resolve them requests and notify them authorizations granted to the applicants before the 1 of August of each year. In case of not have is dictated and notified the resolution corresponding elapsed said term, the applicants may understand ignored their requests.

4. the communities autonomous must inform to them applicants whose requests admissible not have been fully satisfied, of which have been them reasons, and of the resource that corresponds.

5. them applicants to which is grant an authorization by less than the 50% of the surface requested, may reject it in the month following to the date of the notification of the resolution.

6. them authorizations for new plantations granted will have a period of validity of three years counted starting from the date of the notification of the resolution of the application of the authorization. In any case, the period of validity not be able overcome the 31 of December of 2030.

7. a time executed the plantation of vineyard, the applicant shall communicate the same to the authority competent.

Section 2nd replanting article 12. Authorizations for replanting.

1. for to replant a vineyard started starting from the 1 of January of 2016, is must obtain an authorization of replanting in them terms and conditions established in the Regulation (EU) No. 1308 / 2013 of the Parliament European and of the Council of 17 of December, in the regulation delegate (EU) No. 2015 / 560 of the Commission, in the regulation of execution (EU) No. 2015 / 561 of the Commission , and in the present Royal Decree.

2. not be granted any authorization by the boot of plantations not authorized.

Article 13. Presentation of application of boot of vineyard.

1. growers wishing to start a vineyard surface, must submit an application to the competent authority of the autonomous community where they are located the surface of vineyard to boot, on the date to be determined by each autonomous community. The request may be made in any of the places referred to in article 38.4 of law 30/1992, of 26 November. Also, will accept the electronic submission of applications in accordance with provisions in law 11/2007, of 22 June.

2. when the vintner who intends to perform startup, does not have the power of disposal over the plot, you must include supporting startup owner consent documentation, unless duly justified to the competent authority the innecesaridad of the same.

3. After carrying out the relevant checks, the competent authority will issue an authorization of boot and, once executed the boot by the wine-grower this must inform the competent authority, who after verification in field, will issue a resolution of boot.

4. to request authorization of replanting, the boot must be after 1 January 2016. The autonomous communities may decide that the deadline for submission of requests for start-up and the issuance of the authorization of boot can be made prior to that date.

5. the application of boot by the wine-grower and the notification of the decision of boot by the autonomous community, must occur in the same campaign, for the purpose of verification of the provisions in paragraph 2 of article 14. The sense of silence shall be that established by the autonomous community corresponding and, failing that, the sense of silence will be estimatorio.

6. the autonomous communities shall inform applicants whose applications have not been met, what have been the reasons, and the resource that corresponds.

Article 14. Place and deadline for submission of applications for authorizations for replanting.

1. the holder of the boot, shall provide the request for authorization for replanting from 1 January 2016, to the competent authority of the autonomous community where they are located the surface plant. The request may be made in any of the places referred to in article 38.4 of law 30/1992, of 26 November. Also, will accept the electronic submission of applications in accordance with provisions in law 11/2007, of 22 June.


2. the application shall be submitted before the end of the second marketing year following the campaign that has been notified of boot resolution indicated in paragraph 3 of article 13. If elapsed this term not be has requested the authorization for the replanting, is will lose the right to request it.

3. in accordance with paragraph 1 of article 8 of the implementing Regulation (EU) No. 2015/561de the Commission, requests must indicate the size and the specific location of the running surface and the surface to replant for asking permission. They will be presented in accordance with a model that contains the information listed in annex V.

4. the applicant will have to your disposal by any regime of holding the surface agrarian for which requests the authorization of replanting. Verification of the provision on the surface, will be held at the time of the filing of the application and at the time of the communication of the planting to be carried out by the applicant pursuant to paragraph 5 of article 18.

For the purposes of compliance with this paragraph, be taken into account the provisions of the second subparagraph of paragraph 1 and paragraph 2 of article 8.

Article 15. Authorizations for replanting early.

1. them communities autonomous may grant authorizations of replanting early in them terms and conditions collected in the paragraph 2 of the article 66 of the Regulation (EU) No. 1308 / 2013 of the Parliament European and of the Council of 17 of December, in the article 3 of the regulation delegate (EU) No. 2015 / 560 of the Commission, in the paragraph 3 of the article 8 of the regulation of execution (EU) No. 2015 / 561 of the Commission and in the present Royal Decree.

2. the commitment to which is makes reference in the second paragraph of the paragraph 3 of the article 8 of the regulation of execution (EU) No. 2015 / 561, of the Commission, must accompany is of a warranty through endorsement of entity Bank, safe of bond, income in cash u another warranty financial. The autonomous communities shall establish the value of such security, which must take into account the amount of the new planting to be carried out and the planting to start. The breach of the obligation of boot in the term designated take entail the execution of the endorsement, as well as it established in the article 26 of this real Decree.

3. the grower must demonstrate the right to perform the boot as set out in paragraph 2 of article 13.

4. the applicant will have to your disposal by any regime of holding the surface agrarian for which requests the authorization of replanting early. Verification of the provision on the surface, will be held at the time of the filing of the application and at the time of the communication of the planting to be carried out by the applicant pursuant to paragraph 5 of article 18.

For the purposes of compliance with this paragraph, be taken into account the provisions of the second subparagraph of paragraph 1 and paragraph 2 of article 8.

5. applications may be in the places and dates provided for in paragraphs 1 and 2 of article 14. According to the paragraph 3 of the article 8 of the regulation of execution (EU) No. 2015 / 561, of the Commission, them requests must indicate the size and the location specific of the surface to boot and of the surface to replanting for which is requests it authorization. Applications shall be submitted in accordance with a model that contains the data and information listed in annex VI.

Article 16. Restrictions to the replanting.

1. of conformity with the paragraph 3 of the article 66 of the Regulation (EU) No. 1308 / 2013 of the Parliament European and of the Council of 17 of December and under the article 4 of the regulation delegate (EU) No. 2015 / 560 of the Commission, is may restrict them replanting of vineyard if it surface to replanting can opt for the production of wines with a designation of origin protected or indication geographical protected which has been applied a limitation of the grant to new plantations according to article 6, and for which it is accepted by the Ministry of agriculture, food and environment, a recommendation made according to article 17, justified by the need to avoid a good demonstrated risk of significant devaluation of a denomination of protected origin or protected geographical indication.

2 that restriction will be made public by the Ministry of agriculture, food and environment, by Resolución of the General Director of productions and agricultural markets, to be published in the Official Gazette, before February 1 of each year. The restrictions will be applicable to the authorizations granted in the term of a year from the date of publication of the resolution.

3 pursuant to the second paragraph of article 4 of the delegate Regulation (EU) No. 2015/560 of the Commission, the commitment which is referenced in subparagraph (b)) on not to use or sell the grapes to produce wines with a designation of origin protected or protected geographical indication, and do not start and replanting vines with the intention of making replanted surface can opt for the production of wines with a designation of origin protected specific produced It will remain while the regime of authorizations of vineyard is in effect.

Article 17. Recommendations on restrictions on replanting.

1. by virtue of article 65 of the Regulation (EU) No. 1308 / 2013, of the European Parliament and of the Council of 17 December, may make recommendations to restrict the granting of authorisations by replanting the inter-branch organizations operating in the wine sector, recognized according to article 157 Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December In addition to those are recognized according to the legislation, national and regional, the management bodies of the denominations of origin protected and the protected geographical indications 2. The recommendations made should be preceded by an agreement between the relevant representative parts of the geographical area concerned, and be duly substantiated on the basis of a study that shows the need to prevent a well proven risk of significant devaluation of an appellation of origin or an indication of origin protected concrete.

3. the recommendations should contain the minimum information specified in annex I, they shall be sent before 1 November of the previous year to which it is intended to take effect, before the Ministry of agriculture, food and environment, for its assessment and decision by the same.

Article 18. Authorizations of vineyard replanting.

1. the authorisations granted shall correspond to the equivalent of the surface torn in pure culture.

2. the autonomous communities shall resolve requests and notify the authorizations granted within the period of three months from the submission of applications. The sense of silence shall be that established by the autonomous community corresponding and, failing that, the meaning will be estimatorio.

3. the autonomous communities shall inform applicants whose applications have not been met, what were the reasons, and the resource that corresponds.

4. the authorizations granted shall have a period of validity of three years from the date of the notification of the decision of the application for the authorization. In any case the period of validity not be able overcome the 31 of December of 2030.

5. a time executed the plantation of vineyard, the applicant shall communicate the same to the authority competent.

Section 3 conversions of rights of plantation of vineyard in authorisations article 19. Conversions of rights of plantation.

1. the rights of plantation granted before the 31 of December of 2015 of conformity with them articles 85 nonies, 85 decies or 85 duodecies of the regulation 1234 / 2007 of the Council, may be converted in authorizations for the plantation of vineyard starting from the 1 of January of 2016, in accordance with it established in the chapter III of the title I of the Regulation (EU) No. 1308 / 2013 the European Parliament and of the Council of 17 December, in delegate Regulation (EU) No. 2015/560 of the Commission in implementation of Regulation (EU) No. 2015/561 of the Commission, and in the present Royal Decree.

2. to obtain the authorisation, the holder of the right of planting must submit an application for conversion of a planting right in an authorization, in accordance with article 20.

Article 20. Place and deadline for submission of applications.

1. the planting rights holders wishing to request a conversion, may submit the request between the 15 September 2015 and December 31, 2020, both inclusive, to the competent authority of the autonomous community where they are located the surface to plant or in any of the places referred to in article 38.4 of law 30/1992 26 November, legal regime of public administrations and common administrative procedure. You will also accept electronic filing of applications in accordance with law 11/2007, of 22 June, electronic access of citizens to public services.


2. According to the paragraph 1 of the article 9 of the regulation of execution (EU) No. 2015 / 561 of the Commission, them requests must indicate the size and the location specific of the surface to which is requests the authorization. Is presented according to a model that contains the data that appear in the annex VII.

3. the applicant will be available by any regime of holding the land surface for which requested the authorization of replanting. It verification of it available on it surface, is held in the time of the presentation of it application and in the time of the communication of the plantation that the applicant must perform according to it established in the paragraph 5 of the article 21.-to them effects of the compliance of the present paragraph, is will have in has it established in the second paragraph of the paragraph 1 and paragraph 2 of the article 8.

Article 21. Authorization planting of vineyards by conversion of a planting right.

1. the term of resolution and notification of them requests from the authority competent to the applicant will be, as maximum, of 3 months to count from the date of the presentation of the application. However, if the application is submitted until 31 December 2015, three months will count from January 1, 2016. The sense of silence shall be that established by the autonomous community corresponding and, failing that, the sense of silence will be estimatorio.

2. the autonomous communities shall inform applicants whose applications have not been met, what have been the reasons, and the resource that corresponds.

3. the authorizations granted by conversion of rights of plantation will have the same period of validity that the law of plantation of provenance. In any case the period of validity shall not exceed 31 December 2023.

4. them authorizations granted according to the present section shall be used by the same holder to which is you granted in its own exploitation and may be subject to them restrictions that in its case is established according to them articles 16 and 17.

5. a time executed the plantation of vineyard, the applicant shall communicate the same to the authority competent.

Section 4 provisions common to the regime of article 22 vine plantations authorizations. Modification of the location of the surface for which an authorisation has been granted.

1. in accordance with the provisions of article 10 of the implementing Regulation (EU) No. 2015/561, the Committee, in duly justified cases, may be changes in the location of the area for which it has been granted an authorization, provided that the new surface is the same size in hectares and that authorization is still valid.

2. to carry out a modification, the holder of the authorization shall request motivated enacted prior to the realization of the plantation to the competent authority which issued the authorization resolution. The realization of the plantation must be back to the resolution from the authority competent of such modification.

In the event that the new surface lies in another autonomous community, the holder of the authorization must be lodged the application for amendment the competent authority where is situated the new surface where you are planting. This authority shall notify the competent authority that issued the authorization resolution informing that it will request a modification in another autonomous community.

3. it new surface agrarian must be to available of the applicant by any regime of tenure in the time of the presentation of the request of modification and in the time of the communication of it plantation that the applicant must perform according to it established in the paragraph 7.

In the event that the request is to modify the location of an authorization granted to a new planting under the 1st section, the applicant must demonstrate that at the time of the submission of the application for the authorization to modify according to article 9, he had at his disposal the new surface for which the modification is sought.

For the purposes of compliance with this paragraph, be taken into account the provisions of the second subparagraph of paragraph 1 and paragraph 2 of article 8.

4. in the event that the request is to modify the location of an authorization granted to a new plantation in virtue of section 1, the new surface, may not be located in an area to which limitations had been applied and the threshold, had achieved while the initial surface was located outside that area.

5. Requests must indicate the size and the specific location of the new surface to plant. Shall be submitted in accordance with a model that contains the data referred to in annex VIII.

6. the deadline for resolution and the sense of silence shall be established by the corresponding Autonomous Community and failing the maximum resolution will be three months from the moment of submission of the application and the sense of the estimatorio silence.

7. Once executed the plantation of vineyards, the applicant shall communicate it to the competent authority.

Article 23. Wine log.

1. the autonomous communities shall maintain its updated vineyard register and used information graphic and alphanumeric identification of plots of the SIGPAC, laid down in the Royal Decree 1077 / 2014, of 19 December, which regulates the farming land geographical information system.

2. the autonomous communities should pick up in the wine log information relating to the plantation authorisations granted as well as the vineyard plantations undertaken without consent of plantation.

Article 24. Authorizations of plantations of vineyards and planting rights transfers.

1. starting from the 31 of December of 2015 not is can perform transfers of authorizations of plantation of vineyard granted according to the present Royal Decree or of rights of replanting of vineyard granted before the 31 of December of 2015.

(2. However, is can perform transfers of authorizations or of rights of plantation whose period of validity not is has reached, in them following alleged and with the following conditions: to) inheritance by mortis cause or inheritance early. For inherit an authorization of plantation, the heir must have to your available the surface concrete for which was granted it authorization and will be forced to meet them commitments that is had acquired in the time of the award of the authorization.

(b) mergers and demergers of people legal. Where the holder of the authorization of plantation not keep his personality legal may use them authorizations or them rights assuming all them rights and obligations of the holder to which are you granted.

Article 25. Controls.

1. the competent authorities will be precise control actions to verify the compliance of the present chapter, in accordance with the applicable European Union law.

2. the Ministry of agriculture, food and environment will coordinate with them communities autonomous the establishment of mechanisms of collaboration and exchange of information between administrations for the good operation and management of the regime of authorizations of vineyard.

Article 26. Penalties and recovery of costs.

To them producers that not comply with the obligation established in the article 71, paragraph 1, of the Regulation (EU) No. 1308 / 2013, of the Parliament European and of the Council, of 17 of December, is them will impose a penalty with the amount minimum established in the article 5 of the regulation delegate (EU) No. 2015 / 560 of the Commission. In cases in which deemed that annual revenues obtained on the surface where the vineyards are located in question exceed the 6,000 euros per hectare, the competent authority will increase the minimum amounts proportionally to the annual average income per hectare estimated for that surface.

Where the authority competent have that guarantee the boot of them plantations not authorized by their own media, the cost to charge of the producer of conformity with the article 71, paragraph 2, of the Regulation (EU) No. 1308 / 2013, of the Parliament European and of the Council, of 17 of December, is calculated according to the article 5 of the regulation delegate (EU) No. 2015 / 560 of the Commission and this cost is added to the penalty applicable.

Article 27. Penalties administrative.

Producers who do not use the authorisation which has been granted to them during their period of validity, shall incur a slight considered infringement pursuant to article 38.1. m) of law 24/2003 of July 10, the vineyard and the wine, and will be subject to the sanctions regime laid down in article 42 of this law.

Such sanctions shall not apply in the cases set out in article 64, paragraph 2, letters to) d), of Regulation (EU) No. 1306 / 2013 of the European Parliament and the Council, even if that has not been used during its validity period is less than a 10% or is planted over an area of more than 1% of the authorized up to a maximum of 0.2 hectares in both cases.


(The producers that fail to comply with the commitment of the paragraph 2 of the article 16 will incur in an infringement considered serious according to it planned in the article 39.1. l) of the law 24 / 2003, of 10 of July, of the vineyard and of the came. Producers who fail to comply with the commitment to the letter to) of article 10, shall incur a slight considered infringement pursuant to article 38.1. m) of law 24/2003 of July 10, the vineyard and the wine, and will be subject to the sanctions regime laid down in article 42 of this law.

Article 28. Communications.

Them communities autonomous must send to the Ministry of agriculture, power and environment it information collected in them annexes required for the compliance of the obligations of communication to the Commission European planned in the normative community.

CHAPTER III varieties of grapes for winemaking and varieties rootstocks article 29. Classification.

(1. them varieties of the gender Vitis intended to the production of grape of winemaking and to the obtaining of material of production vegetative of the vine is divided in them following categories: to) for them varieties of grape of vinification: authorized or of conservation plant.

(b) for varieties of rootstocks: recommended.

2. all the varieties classified must be registered in the register of varieties trade of vine for Spain.

3 will form part of the varieties classified in: a) authorized wine grape varieties, those who belong to the species Vitis vinifera (L) to be subjected to quality evaluation referred to in article 30, the result of such test show a satisfactory fitness and that is obtained at least a fair marketable quality wine.

((b) conservation plant wine grape varieties: those that do not correspond to the criteria referred to in the letter to), but by its antiquity, interest and local adaptation is advisable to its conservation and they meet any of the following requirements: 1 that belong to the species Vitis Vinifera (L).

2nd belonging to a cross between the species Vitis Vinifera (L) and another of the Vitis genus, provided that is not of one of the varieties referred to in point b) of paragraph 2 of article 81 of Regulation (EU) No. 1308 / 2013, the European Parliament and of the Council of 17 December.

(c) recommended rootstock varieties: those that are grown to obtain material for the propagation of the vine which, being subjected to the evaluation of quality to which is referred to in article 30, proves that they have satisfactory cultural skills.

Article 30. Ex-ante evaluation.

The evaluation prior is shall be based is in them results of them tests analytical and organoleptic of them corresponding products finished, specified in the annex XVIII.

Article 31. Synonymy.

For each an of them varieties included in the classification of varieties of grape of vinification is added, in case of have them, them synonyms that correspond, provided that are collected in the registration of varieties commercial of vine in Spain.

Article 32. Administration competent.

The autonomous communities will be responsible for classified the genus Vitis varieties intended for the production of wine grape and vine vegetative production obtaining in its territorial scope.

Article 33. Types of classification.

1 the inclusion of a variety of vine in a given category will be held provided that the requirements laid down in paragraph 3 of article 29, in the following way: to) the inclusion of a brand new wine grape variety, without that it is rated previously, must be submitted to the evaluation referred to in article 30. Once such test show a fitness satisfactory, this variety is included within the category of authorized.

b) where a variety of winemaking is previously classified, will not apply the provisions of article 30, and can be directly included within the category of authorized.

(c) the inclusion of a variety of rootstocks in the recommended category will take place when it has been subjected to the assessment referred to in article 30.

2. when experience demonstrates that a vine variety does not meet the requirements for the category in which it is filed may be deleted. Also, planting, grafting on the ground, and the grafting of a vine variety in a particular geographical area of the Spanish territory may be restricted accordingly when, in response to different agroclimatic conditions, or other linked to cultivation, not met requirements for the category in which it is classified in that specific area.

Article 34. Duty to collaborate.

1. the autonomous communities shall inform the Ministry of agriculture, food and environment, before April 1 of each year, the modifications in the classification of grape varieties of winemaking and rootstock contained in annex XIX carried out pursuant to the provisions of article 29.

2. the Ministry shall publish annually, by ministerial order in the «Official Gazette», changes that occur in the annex XIX based on the communications made by the autonomous communities.

Article 35. Prohibition of plantations with varieties not registered in the classification.

1 prohibited planting, grafting on the ground, and the grafting of wine grape varieties not registered in the classification. These restrictions shall not apply to the vine varieties used in scientific research and experimentation.

2. exceptionally, be may permit the production of vine vegetative production material reserved exclusively for export to third countries provided that proper control of production, as well as the planta-injerto with wine production takes place in another Member State.

Provision additional unique. Information.

Without prejudice of it planned in them articles 9, 13, 20 and 24, the communities autonomous may require information additional to them seekers only when is relevant for the application of the regime of authorizations.

First transitional provision. Plantations illegal of vineyard prior to the 1 of January of 2016.

However it provided in the repealing provision, continue to apply the provisions of chapter III of the Royal Decree 1244 / 2008, July 18, while not have been torn off the surfaces of vineyard planted after 31 August 1998 without a right of replanting and the areas planted before 31 August of 1998 without a right of replanting that have not been regularized before January 1, 2010.

Available to transient second. Plantations and replanting of vines and reservation of rights.

However it planned in the provision repealing, will continue to applying is the provisions of them chapters II and VII of the Real Decree 1244 / 2008, of 18 of July, until the 31 of December of 2015.

Available to transient third. Applications for authorization of replanting and conversion of rights carried out until the restrictions on planting of paragraph 2 of article 16, paragraph 4 of article 21 in 2016 are public.

The effectiveness of resolutions of the authorizations to the replanting and converting whose applications were submitted before the date on which are made public, where appropriate, restrictions on planting of authorizations of replanting and converting according to paragraph 2 of article 16 and paragraph 4 of article 21, will be conditioned to determined any restrictions in a way that does not may be replanting or the exercise of the rights inherent to the conversion in the areas covered by the scope of a DO or an IGP until not made public the above-mentioned restriction.

The applicant whose application was intended to obtain an authorization of plantation in an area which finally has a restriction for that year, may reject such authorization within the period of one month from the date of restriction, and shall not apply sanctions and, in the case of conversion, the right of planting will be able to be used in another application.

Provision repealing only. Repeal legislation.

Repealed the Royal Decree 1244 / 2008 of 18 July, which regulates the wine production potential.

Available end first. Modification of the Real Decree 1079 / 2014, of 19 December, for the implementation of the measures of the support programme 2014-2018 for the wine sector.

The Royal Decree 1079 / 2014, of 19 December, for the implementation of the measures of the support programme 2014-2018 for the wine sector, is to be re-worded as follows: one. Article 2 shall be amended as follows: a) the letter c) is contentless.

((b) the letter e) is replaces by the following: «(e) vintner: it person physical or legal, or grouping of people physical or legal, with independence of it form legal of the grouping or of their members, that cultivate it surface planted of vineyard, well as consequence of a right of property, or because have attributed a right of available on the crop».

Two. (It adds a new letter e) to the paragraph 2 of the article 23, with the following content:


«(e) the vineyard plantations made with an authorisation of new planting granted under article 63 and 64 of the Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December».

Three. Paragraph 2 of article 25 is replaced by the following: «(2. Los viticultores deberán aportar, junto con la solicitud, el proyecto deel plan, que deberá contener, ael menos, la siguiente información: a) objectives of the plan. "

(b) location of the plan and identification.

(c) identification of growers that compose it, if the plan is collective.

(d) location and characteristics of the plots, initial and restructured (varieties, systems training, part of plantation, etc.), with contribution of the identification of the SIGPAC enclosures of the plots that make up the plan.

(e) right of replanting, resolutions of starting and plantation authorisations granted under articles 66 and 68 of Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December that will be included in the project. (f) study of costs and schedule of implementation and financing of the measures.

«In those cases that the grower not is the owner of the plot that is wants to restructure or convert, is will need the authorization of the owner».

Four. (He article 32 is modified as follows: to) he second paragraph of the paragraph 2 is drafted as follows: «however it willing in the paragraph previous, not will have right of compensation by loss of income those surfaces restructured with the contribution of an authorization of plantation granted under them articles 66 and 68 of the Regulation (EU) No. 1308 / 2013 of the Parliament European and of the Council of 17 of December and generated by a boot not effected in it» «implementation of the plan of restructuring '.

(b) the last subparagraph of paragraph 3 is worded as follows: «not be financed the costs of start in areas where use of plantation authorisations granted obtained under articles 66 and 68 of Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December not generated by the start made in the implementation of the restructuring plan and prior to the application of the plan '.

5. In article 37, the letter d) of paragraph 1 is worded as follows: «d) of plantation authorisations granted under articles 66 and 68 of Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council of 17 December, to use».

6. Article 41 is replaced by the following: 'article 41. Conditionality.

If is notes that a beneficiary, in any time during a period of three years starting from the 1 of January of the year next to the year natural in which is has produced the first payment under the present section, not has respected in its exploitation them requirements legal of management and them good conditions agricultural and environmental to is refer them articles 91 , 92, 93, 94 and 95 of the Regulation (EU) No. 1306 / 2013 of the Parliament European and of the Council, of 17 of December of 2013, the amount of it helps, if the breach is must to an action u omission attributable directly to the beneficiary, is will reduce or cancel, partial or completely, depending on the gravity, scope, persistence and repetition of the breach , and the beneficiary must return it if proceeds, with arrangement to it established in the cited provisions. For the purpose of this control of conditionality, the autonomous communities must have up-to-date information on alphanumeric SIGPAC references for all parcels which are part of the exploitation of the beneficiary».

7. Paragraph 3 of article 61 is replaced by the following: ' 3. regardless of the mentioned in this article, the competent body of the autonomous community may exceptionally approve amendments to the resolution of granting that do not conform to the conditions set forth in the preceding paragraphs, in the case of force majeure or exceptional circumstances within the meaning of article 2(2) of Regulation (EU) No. 1306 / 2013» the European Parliament and the Council, of 17 December 2013».

8. 3 article 74 shall be replaced by the following: ' 3. regardless of the mentioned in this article, the competent body of the autonomous community may exceptionally approve amendments to the resolution of granting that do not conform to the conditions set forth in the preceding paragraphs, in the case of force majeure or exceptional circumstances within the meaning of article 2(2) of Regulation (EU) No. 1306 / 2013» the European Parliament and the Council, of 17 December 2013».

Nine. Section 91 is replaced by the following: 'article 91. Conditionality.

If it is found that a beneficiary at anytime for one year from 1 January of the year following the calendar year in which the payment pursuant to this section, have occurred has not respected on his holding the statutory management requirements and the good agricultural and environmental condition referred to in articles 91 92, 93, 94 and 95 of Regulation (EU) No. 1306 / 2013 of the European Parliament and of the Council of 17 December 2013, the amount of the aid, where the failure is due to an act or omission attributable directly to the beneficiary, shall be reduced or cancelled, partially or completely, depending on the severity, scope, persistence and repetition of non-compliance , and the beneficiary must return it if appropriate, in accordance with the above provisions. For the purpose of this control of conditionality, the autonomous communities must have up-to-date information on alphanumeric SIGPAC references for all parcels which are part of the exploitation of the beneficiary».

Available to finish second. Title competence.

1. this Royal Decree is issued under cover of the provisions of article 149.1.13. ª of the Spanish Constitution, which attributes to the State the exclusive competence in the field of bases and coordination of the general planning of economic activity.

2. not will have character basic them articles 9.1, 14.3, 15.5, 20.2 and 22.5 or them annexes II and V to VIII, in it relative to them models that set, can them communities autonomous establish them yours own, although in this last case, in such models is will include, to the be basic, them data that listed in them annexes of the present real Decree , and them applications computer of such models must enable that the part referred to them data minimum of them annexes of the present real Decree is accessible and reusable by systems understandable by machines according to them protocols and standards of interoperability that approve the Ministry of agriculture, power and environment, running them costs of it interoperability to charge of them communities autonomous of that is concerned.

Available to finish third. Faculty of modification.

It empowers the Minister of agriculture, food and environment to modify the annexes, dates and time limits of the present Royal Decree, as well as to make many modifications in the articles of the same are called for when such changes are required as a result of the regulation of the European Union.

Fourth final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Palma de Mallorca, July 31, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA here are several images in the original. See the PDF document official and authentic.