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Royal Decree 288/2015, 17 April, Amending Royal Decree 1244 / 2008 Of 18 July, Which Regulates The Wine Production Potential.

Original Language Title: Real Decreto 288/2015, de 17 de abril, por el que se modifica el Real Decreto 1244/2008, de 18 de julio, por el que se regula el potencial de producción vitícola.

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TEXT

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 1308/2013, 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, establishes a new regime for vineyard plantings based on authorisations from 1 January 2016, which shall apply until 31 December 2030.

Therefore, the scheme of vineyard planting rights is repealed from 31 December 2015, and it is considered appropriate to amend Royal Decree 1244/2008 of 18 July 2008, which regulates the potential of wine-growing production, to extend until 1 June 2015 the time limit for the submission of applications for transfers to be processed by the Ministry of Agriculture and the Environment, in the last marketing year in which they can transfer, as from 1 January 2016 transfers of funds will not be allowed planting rights. As the deadline is extended, which is more beneficial for applicants, the retroactive application is foreseen as of 1 April 2015, of this amendment.

In the elaboration of this royal decree, the autonomous communities have been consulted, as well as the representative entities of the sectors affected.

In its virtue, on the proposal of the Minister of Agriculture, Food and the 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 17 April 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1244/2008 of 18 July 2008 regulating the potential for wine production.

Article 8 of Royal Decree 1244/2008 of 18 July 2008 regulating the potential for wine production is replaced by the following:

" Article 8. Processing of transfers and transfers of rights for which the Ministry of Agriculture, Food and the Environment is authorised.

1. Requests for transfers of rights, addressed to the Director General of Agricultural Productions and Markets of the Ministry of Agriculture, Food and Environment, will be submitted to the competent body of the Ministry of Agriculture, Food and Environment. the autonomous community where the parcel is to be located where the planting is to be carried out, or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 December 1992, of the Legal System of the General Administration and of the Common Administrative Procedure, prior to 1 June 2015, in accordance with a model which contain at least the data set out in Annex II, accompanied by the following documentation:

(a) Certificate issued by the Autonomous Community from which the replanting right is to be transferred, in which the existence of the replanting rights to be transferred is credited, and which shall be valid for the campaign in the request for the transfer of replanting rights.

b) Authenticated copy of the contract of sale, purchase option or any other contractual document that serves as a support for the transfer between the transferring and acquiring winegrowers.

The electronic submission of the applications will also be accepted in accordance with the provisions of Law 11/2007 of 22 June, of electronic access of citizens to Public Services.

2. The competent authority of the autonomous community shall forward to the Directorate-General for Agricultural Productions and Markets of the Ministry of Agriculture, Food and the Environment, all applications submitted during the campaign, once revised and collected as a whole of the documentation referred to in the previous paragraph, no later than 31 working days after the date of registration of the application. For the purposes of this deadline, account shall be taken of the date of registration of the departure of the office of reference of the Autonomous Community.

3. The Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture, Food and Environment, prior to the report of the autonomous community from which the replanting rights come, in accordance with the provisions of the article 83.4 of the Law of Legal Regime of Public Administrations and of the Common Administrative Procedure, will dictate the corresponding resolution, authorizing or motivating the requested transfer, will notify the applicants and forward copies of the resolution to the autonomous communities concerned. Against the decision to be taken, the interested party may be brought before the Secretary-General for Food and Agriculture.

The maximum time limit for resolving and notifying stakeholders of the relevant resolution shall be six months after the application has entered the register of the Ministry of Agriculture, Food and the Environment. "

Single transient arrangement. Retroactive application.

The provisions of this royal decree will apply to requests for transfers of rights that have been filed since April 1, 2015.

Single end disposition. Entry into force.

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

Given in Madrid, on April 17, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA