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.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-4217
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, establishes a new regime of plantations of vineyards based on authorizations from January 1, 2016 to be applied until December 31, 2030.
Therefore, the vineyard planting rights regime is repealed from 31 December 2015, and is considered appropriate to amend the Royal Decree 1244 / 2008 of 18 July, which regulates the potential of wine production, to extend until 1 June 2015 the deadline for submission of requests for transfers whose processing corresponds to the Ministry of agriculture, food and environment , in the last campaign in that can perform are transfers, since starting from the 1 of January of 2016 not will be allowed the transfers of rights of plantation. Given that expands the term, what is most beneficial for applicants, expected the retroactive to April 1, 2015, this editing application.
In the elaboration of this Royal Decree is has consulted to them communities autonomous, as well as to the entities representative of them sectors affected.
In its 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 17 of April of 2015, HAVE: article only. Modification of the Real Decree 1244 / 2008 of 18 July, which regulates the wine production potential.
He article 8 of the Royal Decree 1244 / 2008, of 18 of July, by which is regulates the potential of production wine, is replaced by the following: «article 8.» Processing of transfers and assignments of rights whose authorisation corresponds to the Ministry of agriculture, food and environment.
1. Requests for transfers of rights, addressed to the Director General of production and agricultural markets of the Ministry of agriculture, food and environment, will be presented, by those who seek to acquire them, before the competent body of the autonomous community where is situated the plot where you will be planting, or in any of the places referred to in article 38.4 of law 30/1992 (, December 26, legal regime of public administrations and common administrative procedure, prior to the 1 June 2015, in accordance with a model containing at least the information listed in the annex II, accompanied by the following documentation: a) certificate issued by the autonomous community from which to transfer the replanting right be that proving the existence of transferring replanting rights, and that it will be valid for the campaign that prompted the transfer of replanting rights.
(b) copy authenticated of the contract of sale, option of purchase or any other document contractual that serve of support to the transfer between them growers transferor and acquirer.
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. the competent body of the autonomous community shall forward to DG productions and agricultural markets of the Ministry of agriculture, food and environment, all applications during the campaign, once reviewed and collected all of the documentation referred to in the preceding paragraph, at the latest within the period of the 31 days after the date of registration of the application. To the effects of the compliance of this term is will have in has the date of record of output of the trade of remission of the community autonomous.
3 DG productions and agricultural markets of the Ministry of agriculture, food and environment, prior report of the autonomous community where they come from replanting rights, in accordance with the provisions of article 83.4 of the law legal regime of public administrations and common administrative procedure, will issue the corresponding resolution, authorizing or denying the requested transfer approval , it will notify to the applicants and sent copy of the resolution to them communities autonomous affected. Against the decision rendered, can be brought by interested parties appeal before the Secretary-General of the food and agriculture.
«He term maximum for resolve and notify to them interested the resolution corresponding will be of six months since the request has had input in the register of the Ministry of agriculture, power and environment.»
Available to transient only. Retroactive application.
It willing in this Royal Decree will be of application to the requests of transfers of rights that is have presented from the 1 of April of 2015.
Sole final provision. Entry in force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 17 of April of 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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