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

In addition, Commission Delegated Regulation (EU) No 2015/560 of 15 December 2014 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the system of authorisations for on the basis of the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 7 April 2015 laying down detailed rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Scheme of authorisations for vine plantings, complement this legislation.

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 established a transitional scheme for planting rights, as a continuation of the provisions of the previous legislation liberalising vineyard plantations from 31 December 2015, except in certain areas to be chosen by each Member State which should do so from 31 December 2018.

Thus, Article 63 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 provides for a safeguard mechanism for new plantings, under which each year they must be made available authorisations for new plantings corresponding to 1% of the area planted with vines, but it is possible to apply a lower percentage at national level if duly justified. Article 64 of that Regulation lays down rules on the granting of authorisations for new plantings and lays down the eligibility and priority criteria which Member States may apply, also laying down rules for the level of the Union concerning the procedure to be followed by the Member States in relation to decisions on the safeguard mechanism and the choice of eligibility and priority criteria. The implementation of these provisions should be developed. In addition, the aspects relating to authorisations for replanting of vineyards and conversions of planting rights in authorisations which are already granted on 31 December 2015 are also regulated. It should be noted that one of the new features of the new European Union regulatory regime is that no transfer of authorisations can be carried out, except in very specific cases, which should be reflected in the Spanish legislation.

The royal decree develops the procedure for the application in our country of the authorization regime.

The regime of vineyard authorisations will not apply in the Canary Islands, since the transitional regime of vineyard planting rights provided for in Article 25 (3) of the Treaty did not apply from 31 December 2012. Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March establishing specific measures in the agricultural sector for the outermost regions of the Union.

This royal decree aims to dictate specific provisions on wine-growing potential, to contribute to the management of the Spanish vineyard by ensuring the orderly growth of vineyard plantations and to improve the competitiveness of the Spanish wine sector.

The European Union has set the rules on granting authorisations so that all applicants are subject to similar rules throughout the Union and thus prevent them from facing unjustified inequalities, excessive delays or an excessive administrative burden. Therefore, these principles must be maintained in Spain in such a way that the application is uniform, there is no discrimination, and the rules of eligibility and priority set for all can be met.

A special role is given to the sector, as the interbranch organisations of the wine sector and the managing bodies of protected designations of origin and protected geographical indications can carry out recommendations on limitations and restrictions on planting, provided that certain circumstances are given.

In Spain, the regulation on the regime of planting rights, is collected in Royal Decree 1244/2008, of July 18, for which the potential of wine production is regulated. In the light of the legislation adopted by the European Union in recent years, it is considered necessary to repeal it without prejudice to its ultra-activity in relation to illegal plantings, as the Regulation (EU) lays down. 1308/2013 of the European Parliament and of the Council of 17 December.

The procedure to be followed for the classification of wine grape varieties is included. However, it is appropriate to simplify the classification in such a way that the autonomous communities make a single list of wine grape varieties with the aim of simplifying.

It is also appropriate to amend Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support programme for the wine sector in order to adapt the aid for restructuring and conversion of The European Commission is not in favour of the new rules on authorisations and to collect in line with the information provided by the European Commission, which cannot be supported by vineyard plantations carried out with a new planting authorisation. the scope of the aid for the restructuring and conversion of vineyards, while at the same time correct certain errors detected in Articles 41, 61.3, 74.3 and 91.

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 Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers, at its meeting on 31 July 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree is intended to lay down the basic rules on wine potential, which are necessary for the development of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 and Commission Regulation (EC) No 555/2008, of 27 June 2008 laying down detailed rules for the implementation of Regulation (EC) No 479/2008 the Council, establishing the common organisation of the market in wine, with regard to support programmes, trade with third countries, production potential and controls in the wine sector; the Delegated Regulation (EU) Commission Implementing Regulation (EU) No 1308/2013 of 15 December 2014 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the scheme of authorisations for vine plantings and the Implementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council Commission Implementing Regulation (EU) 2015/561 of 7 April 2015 laying down detailed rules for the application of Council Regulation (EC) No 71/2008 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings.

Article 2. Scope.

1. The provisions contained in this royal decree shall apply only to the vineyard intended for the production of wine grapes.

2. The regime of vineyard authorisations shall not apply in the Autonomous Community of the Canary Islands.

Article 3. Definitions.

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

2. In addition,

following definitions shall apply:

(a) "Viticultor" means the natural or legal person, or grouping of natural or legal persons, irrespective of the legal form of the group or its members, which cults the planted area of vineyard, or the consequence of a right of ownership, or because it has a right of disposition on the crop.

(b) "Owner" means the natural or legal person or group of natural or legal persons, irrespective of the legal form of the group or its members, or entity without legal personality, which holds the real right of property on the plot where the vineyard is located.

(c) "Authorisation holder" means the person who has registered the authorisation to his name in the vineyard register.

d) "Boot Holder": Viticultor to whose name the boot resolution is issued.

(e) "Competent Authority" means the competent authority of the Autonomous Community for the processing and resolution of the procedures referred to in this Royal Decree.

(f) "New planting" means plantations for which an authorization is granted according to the percentage of the area planted with vines at 31 July of the previous year, which is made available annually to the Article 63 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

g) "Boot" means the total elimination of all strains found on a vine-planted surface. This boot includes the removal of both the rootstock and the aerial part of the plant.

h) "Unauthorized planting": vineyard plantations made without authorization.

(i) "Holder of the right of planting" means the person who has registered the planting right to his name in the vineyard register before 31 December 2015.

(j) "Wine grape variety" means a variety of vine grown, in a normal way, for the production of grapes intended for the production of wines for human consumption.

k) "Portainjerto variety": variety of vine grown for the production of vine vegetative material and from which the underground part of the plant is obtained.

CHAPTER II

Authorization regime for vineyard plantations from 1 January 2016

Article 4. Regime of authorisations for vineyard plantations.

1. Since 1 January 2016, and until 31 December 2030, wine-growing grape vines may be planted or replanted only if an authorisation is granted in accordance with the conditions laid down in the Regulation. (EU) No 1308/2013 of the European Parliament and of the Council, Commission Delegated Regulation (EU) 2015/560, Commission Implementing Regulation (EU) 2015/561 and in this Royal Decree.

2. The planting authorisations granted under this royal decree shall be without prejudice to the due respect for the exercise of the planting of the other applicable rules, in particular in the field of wine and environmental.

Article 5. Areas exempted from the regime of authorisations for vineyard plantations.

1. Pursuant to Article 1 of Commission Delegated Regulation (EU) No 2015/560, grapes produced on surfaces intended for experimental purposes or on the cultivation of vine-growing vines, and wine products obtained in both cases, shall not be may be placed on the market during the periods during which the experiment or the production period of the mother vines of grafts will take place.

2. The autonomous communities may decide that the plantations referred to in Article 1 (3) of Commission Delegated Regulation (EU) No 2015/560 shall be subject to notification.

Section 1. New plantings

Article 6. Authorizations for new plantings.

1. Before 1 February of each year, the Ministry of Agriculture, Food and the Environment shall fix the area to be granted for authorisations for new plantings and shall be greater than 0% and not more than 1% at national level. of the area planted with vines at 31 July of the previous year.

2. The area available for authorisations in the demarcated geographical area of a protected designation of origin or specific protected geographical indication may be limited, but not prohibited.

3. For the determination of paragraphs 1 and 2, account shall be taken of the reasons set out in Article 63 (3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and shall be based on:

a) An analysis of market prospects;

b) A forecast of the impact of the new areas to be entered into production and of the planting rights and authorizations granted still without exercise;

(c) The recommendations of the representative professional organisations to be carried out on point 1 and 2 as laid down in Article 7.

4. Before the date set out in paragraph 1, the Ministry of Agriculture, Food and Environment shall make public, by means of a Resolution of the Director General of Agricultural Productions and Markets, to be published in the "Official Gazette of the State", the decisions on points 1 and 2 to be applied to the granting of authorisations for that year for new plantings. All recommendations made on the basis of Article 7 shall also be made public through the Ministry's website.

Article 7. Recommendations on limitations to new plantings.

1. Pursuant to Article 65 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, they may make recommendations on Article 6 (1) and (2), the Interprofessional Organisations operating in the sector Wine management bodies recognised in accordance with Article 157 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, in addition to those recognised in accordance with national and regional legislation, Protected designations of origin and protected geographical indications.

2. The recommendations made shall be preceded by an agreement between the relevant representative parts of the geographical area concerned and shall be duly justified on the basis of a study demonstrating the existence of an offer risk. excessive wine products in relation to market prospects for such products, or a significant devaluation risk of a specific Protected Designation of Origin or Protected Geographical Indication.

3. The recommendations shall contain the minimum information set out in Annex I and shall be referred to the Ministry of Agriculture, Food and Agriculture before 1 November of the year preceding the year preceding which they are intended. Environment, for your assessment and decision by the same.

Article 8. Eligibility criteria for requests.

1. In order for an application to be considered admissible, the applicant shall have at his disposal any holding arrangements, the agricultural area for which authorisation is sought in the autonomous community to be planted. The verification of the surface layout shall be carried out at the time of the submission of the application and at the time of the communication of the planting which the applicant is required to carry out in accordance with paragraph 7 of the Article 11.

For the purposes of this Article, the term 'agricultural area' means the area defined in Article 4 (1) (e) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013. rules are laid down for direct payments to farmers under aid schemes falling within the framework of the common agricultural policy and repealing Council Regulations (EC) No 637/2008 and (EC) No 73/2009.

2. For the verification of this eligibility criterion, the Autonomous Communities shall take into account the General Register of Agricultural Production, as regulated by Royal Decree 9/2015 of 16 January 2015 governing the conditions of application of the the Community rules on hygiene in primary agricultural production or any of the registers which the competent authorities have in accordance with Article 6 of Regulation (EC) No 852/2004 of the European Parliament and of the Council Council Directive of 29 April 2004 on the hygiene of foodstuffs. In duly justified cases, in particular where more than one applicant is found on the same parcel, other documentation may be taken into account to verify that the applicant for the authorisation complies with the criterion.

Article 9. Place and deadline for submission of applications.

1. The interested parties shall submit an application between 1 February and 15 March of each year, inclusive, before the competent authority of the autonomous community where the vineyard is to be planted. The application may be filed in any of the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The electronic submission of applications as provided for in Law 11/2007 of 22 June of electronic access of citizens to Public Services will also be permitted.

In accordance with Article 5 of Commission Implementing Regulation (EU) 2015/561, applications shall indicate the area requested and the specific location of the area for which the application is requested. authorisation. Applications shall be submitted in accordance with a model containing the data set out in Annex II.

2. The autonomous communities shall examine the applications received as regards their compliance with the eligibility criterion, and, after the end of the period for the submission of applications, they shall notify the applicants whose application has been excluded by the application. not to comply with the eligibility criterion, a resolution indicating the reasons why the application is rejected.

3. The competent authority of the autonomous community shall forward to the Ministry of Agriculture, Food and the Environment before 1 June of each year the list of admissible applications classified in order of punctuation, depending on the degree of compliance with the priority criteria laid down in Article 10 and as set out in Annex III. The minimum information to be sent by the communities shall be as set out in Annex IV.

Article 10. Priority criteria.

The priority criteria on the basis of which the list in Article 9 (3) shall be drawn up are as follows:

(a) that the applicant is a natural or legal person, who in the year of filing the application does not serve more than 40 years and is a new viticultor.

Pursuant to Article 64 (2) (a) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, the person who has planted vines for the first time and the latter shall be deemed to be the new winegrower. established as the chief operating officer.

For the verification of the planting requirement for the first time, at the time of the opening of the deadline for applications it shall be verified that the applicant has not been the holder of any vineyard parcel in the vineyard register.

For the verification of the condition of the applicant as head of the holding, it should be verified that at the time of opening the application period the applicant is the one who is taking the business risk of his exploitation. To this end, the documentation shall be submitted to verify that it is the holder of the registration and operating books established on the basis of the specific sectoral rules.

A legal person, irrespective of its legal form, shall be deemed to fulfil this criterion of priority if it meets any of the conditions set out in points (1) and (2) of Annex II to the Regulation. Commission Delegated Regulation (EU) No 2015/560. For this purpose, a new viticultor shall be deemed to exercise effective control over the legal person where the shares or shares in the legal person are at least a share capital equal to or greater than that of the most senior participation and, in addition, be part of its governing board or governing body.

Pursuant to point (3) of Annex II (A) to Commission Delegated Regulation (EU) 2015/560, the applicant shall be committed for a period of five years from the planting of the vineyard not to transfer to another the person or other persons exercising the effective and long-term control of the holding, in respect of decisions relating to the management, profits and financial risks, unless that person or persons fulfil the conditions of the points (1) and (2) of that paragraph which were applicable at the time of the granting of authorisations.

The commitments required in this paragraph shall be taken into account only if the year in which the application is submitted there is not sufficient area available for all admissible applications and there should therefore be sufficient apply the priority criteria.

(b) The applicant, at the time of the opening of the application period, does not have vineyard plantations without authorisation in accordance with Article 71 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council, of 17 December, or without the right of planting in accordance with Articles 85 bis and 85 ter of Council Regulation (EC) No 1234/2007.

If criterion (b) is met, applicants shall be prioritized in addition to those who have not given them any authorization for new planting previously granted because they have not been used, and/or do not have vineyard plantations. abandoned in the vineyard register for 8 years until the opening of the deadline for applications, and/or where the applicant has not failed to fulfil the commitment in Article 16 (3) and/or has failed to fulfil the undertaking referred to in the sixth subparagraph of point (a) of this Article, where appropriate. All such checks shall be carried out at the time of the opening of the deadline for applications.

Article 11. New planting authorizations.

1. Once all the eligible applications submitted by the autonomous communities to the Ministry of Agriculture and Food are ordered, each request with the highest score will be granted the entire area requested before the request is made. next request, until the available surface is exhausted.

Applications with the same score, for which there is not sufficient area available to satisfy the area requested, shall be allocated to the area available on a pro rata basis, as defined in the Annex I to Commission Implementing Regulation (EU) 2015/561.

2. Where the area available for authorisations in geographical areas demarcated from a protected designation of origin or a protected geographical indication has been limited in accordance with the decision referred to in Article 6 (4) and the the area requested in those areas is higher than the maximum area fixed for that area in accordance with Article 6, they shall be granted until the area fixed for that area is reached in the procedure for granting authorisations under the paragraph 1.

3. The Ministry of Agriculture, Food and the Environment shall forward to the Autonomous Communities no later than 1 July the applications for which authorisations may be granted, and the area for which the authorization may be granted. The Autonomous Communities must resolve the applications and notify the authorisations granted to the applicants by 1 August of each year. In the event that the corresponding resolution has not been issued and notified after that period, the applicants may understand their requests.

4. The Autonomous Communities shall inform the applicants whose admissible applications have not been fully satisfied, of what the reasons have been, and of the appropriate remedy.

5. Applicants to whom an authorisation is granted for less than 50% of the area requested may be rejected in the month following the date of notification of the decision.

6. Authorisations for new plantings granted shall be valid for a period of three years from the date of notification of the decision of the application for the authorisation. In any event, the period of validity shall not exceed 31 December 2030.

7. Once the vineyard plantation has been executed, the applicant shall communicate the vineyard planting to the competent authority.

Section 2

Article 12. Authorisations for replanting.

1. In order to replant a vineyard started from 1 January 2016, a replanting authorisation must be obtained under the terms and conditions laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 May 2016. Commission Implementing Regulation (EU) No 2015/561 of the European Parliament and of the Council of 11 December 2013 on the implementation of Council Regulation (EU) 2015/561 of the European Parliament and of the Council [3

.

2. No authorisation shall be granted for the grubbing-up of unauthorised plantings.

Article 13. Submission of vineyard boot request.

1. Winegrowers intending to start a vineyard area shall submit an application to the competent authority of the autonomous community where the area of vineyard to be started is situated on the date to be determined by each community. autonomous. The application may be lodged at any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

2. Where the winegrower intending to start the grubbing-up does not have the power of disposal on the plot, he must accompany the supporting documentation of the consent of the owner's grubbing, unless duly justified by the authority. competent for the innecessity of the same.

3. After carrying out the relevant checks, the competent authority shall issue a grubbing-up authorization and, after the start of the grubbing-up by the winegrower, the competent authority shall communicate it to the competent authority, who shall, after verification in field, issue a startup resolution.

4. In order to be able to apply for a replanting authorisation, the grubbing-up must be carried out after 1 January 2016. The autonomous communities may decide that the time limit for the submission of grubbing-up applications and the release of the grubbing-up authorisation may be carried out before that date.

5. The application for grubbing-up by the winegrower and the notification of the starting-up decision by the autonomous community shall be made in the same marketing year for the purposes of verifying the provisions of Article 14 (2). The sense of silence will be established by the corresponding autonomous community and, failing that, the sense of silence will be estimatory.

6. The Autonomous Communities shall inform the applicants whose applications have not been satisfied, of what the reasons have been, and of the appropriate remedy.

Article 14. Place and time limit for submission of applications for replanting authorisations.

1. The holder of the grubbing-up shall submit the application for replanting authorisation from 1 January 2016 to the competent authority of the autonomous community where the area to be planted is situated. The application may be lodged at any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

2. The application shall be submitted before the end of the second marketing year following the marketing year in which the grubbing-up decision referred to in Article 13 (3) has been notified. If this time limit has not been applied for replanting authorization, the right to apply for replanting will be lost.

3. In accordance with Article 8 (1) of Commission Implementing Regulation (EU) No 2015 /561the applications shall indicate the size and specific location of the grubbed-up area and the area to be replanted for which the application is requested. authorisation. They shall be submitted in accordance with a model containing the data set out in Annex V.

4. The applicant shall have at his disposal the agricultural area for which the replanting authorization is requested by any holding regime. The verification of the layout on the surface shall be carried out at the time of the submission of the application and at the time of the communication of the planting which the applicant shall carry out in accordance with paragraph 5 of the Article 18.

For the purposes of this paragraph, account shall be taken of the provisions of the second subparagraph of Article 8 (1) and (2

.

Article 15. Authorizations for early replanting.

1. The autonomous communities may grant authorisations for replanting in the terms and conditions referred to in Article 66 (2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. Article 3 of Commission Delegated Regulation (EU) 2015/560, in Article 8 (3) of Commission Implementing Regulation (EU) 2015/561 and in this Royal Decree.

2. The commitment referred to in the second subparagraph of Article 8 (3) of Commission Implementing Regulation (EU) No 2015/561 shall be accompanied by a guarantee by bank guarantee, security of caution, income in the form of a guarantee. cash or other financial collateral. The autonomous communities shall establish the value of that guarantee, which shall take into account the amount of the new planting to be carried out and the amount of the planting to be started. Failure to comply with the obligation to start up within the prescribed period shall entail the execution of the endorsement, as well as the provisions of Article 26 of this royal decree.

3. The winegrower shall justify the right to be able to start the grubbing-up as provided for in Article 13 (2

.

4. The applicant shall have at his disposal the agricultural area for which the authorisation for early replanting is requested by any holding scheme. The verification of the layout on the surface shall be carried out at the time of the submission of the application and at the time of the communication of the planting which the applicant shall carry out in accordance with paragraph 5 of the Article 18.

For the purposes of this paragraph, account shall be taken of the provisions of the second subparagraph of Article 8 (1) and (2

.

5. Applications may be lodged at the places and dates referred to in Article 14 (1) and (2). Pursuant to Article 8 (3) of Commission Implementing Regulation (EU) 2015/561, applications shall indicate the specific size and location of the area to be grub up and the area to be replanted for which the application is requested. authorisation. Applications shall be submitted in accordance with a model containing the data and information set out in Annex VI.

Article 16. Restrictions on replanting.

1. In accordance with Article 66 (3) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and pursuant to Article 4 of Commission Delegated Regulation (EU) 2015/560, the Vineyard replantations if the replanting area may be eligible for the production of wines with a Protected Designation of Origin or Protected Geographical Indication, where a limitation of concession to the new plantings has been applied Article 6, and for which the Ministry of Agriculture, Food and the Environment has been admitted Environment, a recommendation made in accordance with Article 17, justified by the need to avoid a well-demonstrated risk of significant devaluation of a Protected Designation of Origin or Protected Geographical Indication.

2. This restriction will be made public by the Ministry of Agriculture, Food and Environment, by means of a Resolution of the Director General of Agricultural Productions and Markets, which will be published in the Official Gazette of the State, before 1 February each year. The restrictions shall apply to authorisations granted within one year from the date of publication of the decision.

3. Pursuant to the second paragraph of Article 4 of Commission Delegated Regulation (EU) 2015/560, the undertaking referred to in paragraph (b) above shall not use or market the grapes produced to produce wines with a designation of protected origin or protected geographical indication, and not to start and replant vines with the intention of making the replanted area eligible for the production of wines with the specific protected designation of origin, shall be maintained while the regime of vineyard authorisations is in force.

Article 17. Recommendations on restrictions on replanting.

1. Pursuant to Article 65 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, they may make recommendations to restrict the granting of authorisations for replanting of Interprofessional Organisations. which operate in the wine sector, recognised in accordance with Article 157 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December, in addition to those recognised in accordance with national and regional legislation, Management bodies of the Protected Designation of Origin and of the Indications Protected Geographical

2. The recommendations made shall be preceded by an agreement between the relevant representative parts of the geographical area concerned and shall be duly justified on the basis of a study demonstrating the need to avoid a risk. either demonstrated by significant devaluation of a designation of origin or a specific protected indication of origin.

3. The recommendations shall contain the minimum information set out in Annex I and shall be referred to the Ministry of Agriculture, Food and the Environment before 1 November of the year preceding the year before which they are intended. assessment and decision by the same.

Article 18. Vineyard replanting authorizations.

1. The authorisations granted shall correspond to the equivalent of the area grubbed up in pure cultivation.

2. The autonomous communities must resolve the applications and notify the authorisations granted within three months of the submission of applications. The sense of silence will be established by the corresponding autonomous community and, failing that, the sense will be estimatory.

3. The Autonomous Communities shall inform the applicants whose applications have not been satisfied, of what the reasons have been, and of the appropriate remedy.

4. The authorisations granted shall be valid for a period of three years from the date of notification of the decision of the application for the authorisation. In any case, the period of validity shall not exceed 31 December 2030.

5. Once the vineyard plantation has been executed, the applicant shall communicate the vineyard planting to the competent authority.

Section 3. 3rd Conversions of vineyard planting rights in authorizations

Article 19. Conversion of planting rights.

1. The planting rights granted before 31 December 2015 in accordance with Articles 85 (ies), 85 (85) and 85 (2) of Council Regulation (EC) No 1234/2007 may be converted into authorisations for the planting of vineyards in the Community. from 1 January 2016, in accordance with the provisions of Chapter III of Title I of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on Commission Delegated Regulation (EU) No 2015/560 on the Commission Implementing Regulation (EU) No 2015/561 and in this Royal Decree.

2. In order to obtain the authorisation, the holder of the planting right shall submit an application for the conversion of a planting right into an authorisation in accordance with Article 20.

Article 20. Place and deadline for submission of applications.

1. Holders of the planting rights who wish to apply for conversion may submit the application between 15 September 2015 and 31 December 2020, both inclusive, before the competent authority of the Autonomous Community where they apply. the area to be planted or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The electronic submission of applications as provided for in Law 11/2007 of 22 June of electronic access of citizens to Public Services will also be permitted.

2. In accordance with Article 9 (1) of Commission Implementing Regulation (EU) 2015/561, applications shall indicate the specific size and location of the area for which the authorisation is requested. They shall be submitted in accordance with a model containing the data set out in Annex VII.

3. The applicant shall have at his disposal the agricultural area for which the replanting authorization is requested by any holding regime. The verification of the layout on the surface shall be carried out at the time of the submission of the application and at the time of the communication of the planting which the applicant shall carry out in accordance with paragraph 5 of the Article 21. For the purposes of this paragraph, account shall be taken of the provisions of the second subparagraph of Article 8 (1) and Article 8 (2

.

Article 21. Vineyard planting authorizations for conversion of a planting right.

1. The time limit for the resolution and notification of applications by the competent authority to the applicant shall be at most 3 months from the date of the submission of the application. However, if the application is submitted until 31 December 2015, the three months shall be counted from 1 January 2016. The sense of silence will be established by the corresponding autonomous community and, failing that, the sense of silence will be estimatory.

2. The Autonomous Communities shall inform the applicants whose applications have not been satisfied, of what the reasons have been, and of the appropriate remedy.

3. Authorisations granted for conversion of planting rights shall have the same period of validity as the right of planting of provenance. In any event the period of validity shall not exceed 31 December 2023.

4. Authorizations granted in accordance with this Section shall be used by the same holder as they were granted on their own holding and may be subject to the restrictions which may be established in accordance with the Articles 16 and 17.

5. Once the vineyard plantation has been executed, the applicant shall communicate the vineyard planting to the competent authority.

Section 4. First provisions common to the system of authorisations for vine plantings

Article 22. Modification of the location of the area for which an authorisation has been granted.

1. In accordance with Article 10 of Commission Implementing Regulation (EU) 2015/561, in duly justified cases, modifications may be made to the location of the area for which an area has been granted. authorization, provided that the new surface has the same size in hectares and that the authorization remains valid.

2. In order to be able to carry out an amendment, the holder of the authorisation shall, in a reasoned manner, request that amendment before the planting has been carried out with the competent authority which issued the decision of that authorisation. The implementation of the planting shall be after the decision by the competent authority of that amendment.

In the event that the new area radiate in another autonomous community, the holder of the authorization shall submit the application for modification to the competent authority where the new surface is to be planted. This authority shall communicate to the competent authority that issued the authorisation resolution informing that it will request an amendment in another autonomous community.

3. The new agricultural area shall be at the disposal of the applicant for any tenure at the time of submission of the application for amendment and at the time of the communication of the planting which the applicant shall have perform in accordance with paragraph 7.

In the event that the application is to modify the location of an authorisation granted for a new planting under section 1, the applicant shall justify that at the time of submission of the application of the authorisation to amend according to Article 9, the new area for which the amendment is requested had at its disposal.

For the purposes of this paragraph, account shall be taken of the provisions of the second subparagraph of Article 8 (1) and (2

.

4. Where the application is to modify the location of an authorisation granted for a new planting under section 1, the new area shall not be located in an area to which limitations have been applied and the maximum limit would have been reached, while the initial surface was located outside that area.

5. Applications shall indicate the specific size and location of the new area to be planted. They shall be submitted in accordance with a model containing the data set out in Annex VIII.

6. The time limit for resolution and the sense of silence shall be that established by the relevant autonomous community and the maximum time limit for resolution shall be three months from the time of the application and the meaning of the silence. stymatorium.

7. Once the vineyard plantation has been executed, the applicant shall communicate the vineyard planting to the competent authority.

Article 23. Vineyard register.

1. The autonomous communities shall maintain their updated vineyard register and use the graphical and alphanumeric identification information of the parcels of the SIGPAC, provided for in Royal Decree 1077/2014 of 19 December 2014, for which the geographical information system for agricultural parcels.

2. The autonomous communities shall collect in the vineyard register the information relating to the planting authorisations granted as well as the vineyard plantations carried out without planting authorisation.

Article 24. Transfers of authorisations for vineyard plantations and planting rights.

1. From 31 December 2015, no transfers of vineyard planting authorisations granted in accordance with this royal decree or vineyard replanting rights granted before 31 December 2015 may be carried out.

2. However, transfers of authorisations or planting rights may be carried out, the period of validity of which has not been achieved, in the following cases and under the following conditions:

a) Inheritance by cause mortis or early inheritance. In the case of inheriting a planting authorisation, the heir shall have at his disposal the specific area for which the authorisation was granted and shall be obliged to fulfil the commitments which had been made at the time of the authorisation. granting of the authorisation.

b) Mergers and divisions of legal persons. In the event that the holder of the planting authorisation does not maintain his legal personality, he may use the authorisations or rights assuming all the rights and obligations of the holder to whom he was granted.

Article 25. Controls.

1. The competent authorities shall carry out the necessary checks to verify compliance with this Chapter, in accordance with the provisions of the applicable European Union legislation.

2. The Ministry of Agriculture, Food and Environment will coordinate with the autonomous communities the establishment of mechanisms for collaboration and exchange of information between administrations for the smooth functioning and management of the vineyard authorizations.

Article 26. Penalties and cost recovery.

A penalty shall be imposed on producers who do not comply with the obligation laid down in Article 71 (1) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. the minimum laid down in Article 5 of Commission Delegated Regulation (EU) 2015/560. Where it is estimated that the annual revenue obtained on the area in which the vineyards in question are situated exceeds EUR 6 000 per hectare, the competent authority shall increase the minimum amounts in proportion to the average income annual per hectare estimated for that area.

Where the competent authority has to ensure the grubbing-up of plantations not authorised by its own means, the cost borne by the producer in accordance with Article 71 (2) of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 shall be calculated in accordance with Article 5 of Commission Delegated Regulation (EU) 2015/560 and this cost shall be added to the applicable penalty.

Article 27. Administrative penalties.

Producers who do not use the authorization granted to them during their period of validity, will incur a violation considered to be mild as provided for in Article 38.1.m) of Law 24/2003, of July 10, of the Vineyard and Wine, and shall be subject to the system of penalties provided for in Article 42 of that Law.

Such penalties shall not apply in the cases referred to in points (a) to (d) of Article 64 (2) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, or where it has not been used during their period of validity is less than 10% or is planted on a surface of more than 1% of the authorised area up to a maximum of 0,2 hectares in both cases.

Producers who fail to comply with the commitment in Article 16 (2) will incur a serious infringement as provided for in Article 39.1 (l) of Law 24/2003 of July 10, of Vina and Wine. Producers who fail to comply with Article 10 (a) (a) shall incur an infringement considered to be minor as provided for in Article 38 (1) (m) of Law 24/2003 of 10 July 2006 on wine and wine and shall be subject to the penalties provided for in Article 42 of that Law.

Article 28. Communications.

The Autonomous Communities shall forward to the Ministry of Agriculture, Food and Environment the information contained in the Annexes necessary for the fulfilment of the obligations of communication to the European Commission provided for in Community legislation.

CHAPTER III

Wine grape varieties and rootstock varieties

Article 29. Classification.

1. The varieties of the genus Vitis intended for the production of wine grapes and the production of material for the vegetative production of the vine shall be divided into the following categories:

(a) For wine grape varieties: authorised or for plant conservation.

b) For rootstock varieties: recommended.

2. All classified varieties must be registered in the Register of Commercial Varieties of Vid for Spain.

3. They shall be part of the varieties classified in:

(a) Authorized wine grape varieties, those belonging to the species Vitis vinifera (L) and which, when subjected to the quality assessment referred to in Article 30, the result of the such proof proves satisfactory fitness and at least one wine with full and commercial quality is obtained.

(b) Varieties of wine-growing wine grapes: those which do not correspond to the criteria referred to in point (a), but which, due to their age, interest and local adaptation, are advisable for their conservation and any of the following requirements:

1. º belonging to the species Vitis Vinifera (L).

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

(c) recommended rootstock varieties: those which are grown to obtain vine propagating material which, when subjected to the quality assessment referred to in Article 30, is shown to be possess satisfactory cultural skills.

Article 30. Prior assessment.

The ex-ante evaluation shall be carried out on the basis of the results of the analytical and organoleptic examinations of the relevant finished products, as specified in Annex XVIII.

Article 31. Sinonimias.

For each of the varieties included in the classification of wine grape varieties, the corresponding synonymies shall be added, in case of dyeing, provided that they are collected in the Register of Commercial Varieties. de Vid in Spain.

Article 32. Competent administration.

The autonomous communities will be responsible for classifying in their territorial scope the varieties of the genus Vitis destined to the production of wine grapes and to the production of material of vegetative production the vine.

Article 33. Classification modes.

1. The inclusion of a vine variety in a given category shall be carried out provided that the requirements laid down in Article 29 (3) are met, as follows:

(a) The inclusion of a whole new wine grape variety, without it being previously classified, shall be subject to the assessment referred to in Article 30. Once such proof proves satisfactory, this variety shall be included within the category of authorised persons.

(b) Where a variety of winemaking is previously classified, the provisions of Article 30 shall not apply, and may be included directly within the category of authorised wine-making.

(c) The inclusion of a variety of rootstocks in the recommended category shall be carried out when the latter has been subject to the prior assessment referred to in Article 30.

2. Where experience has shown that a variety of vines does not meet the requirements for the category in which it is classified, it may be deleted. In addition, planting, grafting on the ground, and overgrafting, of a variety of vines in a given geographical area of the Spanish territory may be restricted when, in the light of the different agroclimatic conditions, or of another order linked to the crop, the requirements required for the category in which it is classified in that specific area are not met.

Article 34. Duty of collaboration.

1. The autonomous communities shall notify the Ministry of Agriculture, Food and the Environment before 1 April of each year of the changes in the classification of wine-grape varieties and rootstock varieties listed in Annex XIX which they have carried out in compliance with the provisions of Article 29.

2. The Ministry shall publish annually, by ministerial order in the "Official Gazette of the State", the amendments to be made in Annex XIX on the basis of communications made by the Autonomous Communities.

Article 35. Prohibition of plantings with varieties not listed in the classification.

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

2. Exceptionally, the production of material for the vegetative production of the vine reserved exclusively for export to third countries may be permitted provided that adequate production control is carried out, as well as the production of plant-graft with viniferous produced in another Member State.

Single additional disposition. Information.

Without prejudice to Articles 9, 13, 20 and 24, autonomous communities may require additional information from applicants only where it is relevant to the application of the authorisation scheme.

First transient disposition. Illegal vineyard plantations prior to 1 January 2016.

Notwithstanding the provisions of the Derogation Provision, the provisions of Chapter III of Royal Decree 1244/2008 of 18 July 2008 shall continue to apply until the areas of vineyard planted after it have been uprooted of 31 August 1998 without a replanting right and the areas planted before 31 August 1998 without a replanting right which has not been regularised before 1 January 2010.

Second transient disposition. Vineyard plantations and replantations and reserves of rights.

Notwithstanding the provisions of the Repeal Disposition, the provisions of Chapters II and VII of Royal Decree 1244/2008 of 18 July 2008 shall continue to apply until 31 December 2015.

Transitional provision third. Applications for authorisation of replanting and conversion of rights carried out before the planting restrictions of Article 16 (2) and Article 21 (4) are published in 2016.

The effectiveness of the resolutions of the authorisations for replanting and conversion whose applications were submitted before the date on which the restrictions on the planting of the plant are made public, where appropriate. authorizations for replanting and conversion in accordance with Article 16 (2) and Article 21 (4) shall be conditional on any restrictions decided upon, in such a way that the replanting or the exercise of the rights inherent in conversion in areas covered by an OJ or a PGI until such time as it is not makes public such a restriction.

The applicant whose application was intended to obtain a planting authorisation in an area which finally has a restriction for that year, may refuse such authorisation within one month from the date of the application. restriction, and no penalties will apply to it and, in the case of conversion, the planting right may be used again in another application.

Single repeal provision. Regulatory repeal.

Royal Decree 1244/2008 of 18 July 2008, which regulates the potential for wine-growing production, is hereby repealed.

Final disposition first. Amendment of Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support programme for the wine sector.

Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support programme for the wine sector is amended as follows:

One. Article 2 is amended as follows:

a) Point (c) is left without content.

b) Point (e) is replaced by the following:

" (e) Viticultor: the natural or legal person, or the grouping of natural or legal persons, irrespective of the legal form of the group or its members, who cultivate the planted area of vineyard, or the consequence of a right of ownership, or because it has a right of disposition on the crop. "

Two. A new point (e) is added to Article 23 (2), with the following content:

"(e) vineyard plantations carried out with a new planting authorisation granted under Article 63 and 64 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013".

Three. Article 25 (2) is replaced by the following:

" 2. The winegrowers shall, together with the application, provide the draft plan, which shall contain at least the following information:

a) Objectives pursued by the plan.

b) Plan location and identification.

c) Identification of the winegrowers that integrate it, if the plan is collective.

d) Localization and characteristics of the parcels, initial and restructured (varieties, formation systems, planting framework, etc.), with the contribution of the identification of the SIGPAC enclosures of the parcels that make up the plan.

(e) Replanting rights, grubbing-up decisions and planting authorisations granted under Articles 66 and 68 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 to include in the project. (f) Cost study and planned timetable for the implementation and financing of the measures.

In cases where the winegrower is not the owner of the plot to be restructured or reconverted, the owner's authorization will be required.

Four. Article 32 is amended as follows:

(a) The second subparagraph of paragraph 2 is read as follows:

" By way of derogation from the foregoing paragraph, the right to compensation for loss of income shall not be entitled to areas restructured with the contribution of a planting authorization granted under the Articles 66 and 68 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and generated by a non-implementation of the restructuring plan. '

(b) The last subparagraph of paragraph 3 is read as follows:

" No grubbing-up costs shall be financed on those areas where planting authorisations granted under Articles 66 and 68 of Regulation (EU) No 1308/2013 of the European Parliament and of the European Parliament of the European Union are used. Council of 17 December not generated by the grubbing-up carried out in the implementation of the restructuring plan and prior to the application of the plan '.

Five. In Article 37, point (d) of paragraph 1 is read as follows:

"(d) Authorisation of planting granted under Articles 66 and 68 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, to be used."

Six. Article 41 is replaced by the following:

" Article 41. Conditionality.

If it is found that a beneficiary, at any time for a period of three years from 1 January of the year following the calendar year in which the first payment has occurred under this Section, has not been respected on its exploitation the statutory management requirements and the good agricultural and environmental conditions 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, in the event that the non-compliance is due to an attributable action or omission directly to the beneficiary, it shall be reduced or cancelled, partially or wholly, depending on the seriousness, extent, persistence and repetition of the non-compliance, and the beneficiary shall reintegrate it if appropriate, in accordance with the provisions set out in those cited above. provisions. For the purposes of this cross-compliance control, the autonomous communities shall have up-to-date information on the alphanumeric references SIGPAC of all the parcels forming part of the beneficiary's holding. '

Seven. Article 61 (3) is replaced by the following:

" 3. Irrespective of the provisions of this Article, the competent authority of the autonomous community may, exceptionally, approve amendments to the grant decision which do not comply with the conditions laid down in the preceding paragraphs, cases of force majeure or exceptional circumstances within the meaning of Article 2.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 '.

Eight. Article 74 (3) is replaced by the following:

" 3. Irrespective of the provisions of this Article, the competent authority of the autonomous community may, exceptionally, approve amendments to the grant decision which do not comply with the conditions laid down in the preceding paragraphs, cases of force majeure or exceptional circumstances within the meaning of Article 2.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 '.

Nine. Article 91 is replaced by the following:

" Article 91. Conditionality.

If it is found that a beneficiary, at any time for one year from 1 January of the year following the calendar year in which the payment has been made under this Section, has not respected on its holding the statutory management requirements and the good agricultural and environmental conditions 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 on the amount of the aid, in case the non-compliance is due to an action or omission directly attributable to the the beneficiary, shall be reduced or cancelled, partially or wholly, depending on the seriousness, extent, persistence and repetition of the non-compliance, and the beneficiary shall reintegrate it if appropriate, in accordance with the provisions set out in those provisions. For the purposes of this cross-compliance control, the autonomous communities shall have up-to-date information on the alphanumeric references SIGPAC of all the parcels forming part of the beneficiary's holding. '

Final disposition second. Competence title.

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

2. Articles 9.1, 14.3, 15.5, 20.2 and 22.5 and Annexes II and V to VIII shall not have a basic character as regards the models they establish, and the Autonomous Communities may establish their own, but in the latter case, in such cases. models shall be included, as they are basic, the data set out in the annexes to this royal decree, and the computer applications of such models shall make it possible for the party concerned to refer to the minimum data of the annexes to this royal decree is accessible and reusable by machine-understandable systems according to the protocols and standards of interoperability to be approved by the Ministry of Agriculture, Food and the Environment, running the costs of interoperability in charge of the autonomous communities concerned.

Final disposition third. Ability to modify.

The Minister of Agriculture, Food and the Environment is empowered to modify the annexes, dates and deadlines of this royal decree, as well as to make any modifications to the articles of the present order are accurate when such amendments are required as a result of European Union 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 in Palma de Mallorca, on July 31, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

Here are several images in the original. See the official and authentic PDF document.