Working document
for discussion at the Committee – CMO Wine
of 26 June 2015
DISCLAIMER
The content of this draft is still under Commission-internal consultation
and has not yet been agreed upon by other Commission services.
It will still be subject to changes.
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COMMISSION IMPLEMENTING REGULATION (EU) No …/..
of XXX
[…] laying down rules for the application of Regulation (EU) No 1308/2013 of the
European Parliament and of the Council as regards the national support programmes in
the wine sector
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the
Council establishing a common organisation of the markets in agricultural products (Single
CMO Regulation)1, and in particular Article 54 thereof and to Regulation (EU) No
1306/20132 of the European Parliament and of the Council on the financing, management and
monitoring of the common agricultural policy and in particular Article 62(2)(a), (b), (c) and
(d) and 63(5)(b) thereof,
Whereas:
(1)
Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC)
No 1234/20073 and contains, in Section 4 of Chapter II of Title I of Part II, rules on
national support programmes in the wine sector. It also empowers the Commission to
adopt delegated and implementing acts in that respect. In order to ensure the smooth
functioning of the wine support programmes in the new legal framework, certain rules
have to be adopted by means of such acts. Those acts should replace the relevant
implementing rules of Commission Regulation (EC) No 555/2008 4, which are
repealed by Commission Delegated Regulation (EU) No […]5..
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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 (OJ L
347, 20.12.2013, p. 671).
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on
the financing, management and monitoring of the common agricultural policy and repealing Council
Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No
1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).
Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of
agricultural markets and on specific provisions for certain agricultural products (Single CMO
Regulation) (OJ L 299, 16.11.2007, p. 1).
Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for
implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in
wine as regards support programmes, trade with third countries, production potential and on controls in
the wine sector (OJ L 170, 30.6.2008, p. 1).
Commission Delegated Regulation (EU) No […] of…. (OJ L xxx,)
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(2)
There should be a procedure for the submission of national support programmes.
There should also be a procedure for the modification of support programmes, so that
they can be adjusted to take account of any new conditions which could not have been
foreseen previously. All such changes should be subject to certain limits and
conditions to ensure that the approved support programmes maintain their overall
objectives and comply with EU legislation.
(3)
In order to protect the financial interests of the Union, Member States shall bear
expenditure effected on the basis of elements of a support programme or its
modifications before they become applicable, in case the expenditure is made under a
support programme or an element of the support programme that is not compatible
with relevant Union lawy.
(4)
For the sake of consistency and the smooth management of the scheme, the minimum
content and format of the support programme should be provided, including all
relevant elements necessary for the implementation of the measures introduced in the
support programme.
(5)
By virtue of the second paragraph of Article 41 of Regulation (EU) No 1308/2013,
Member States may choose the most appropriate geographical level to draw up the
support programme. Since Member States are responsible for the submission of the
programme and its modifications, they should lay down rules ensuring that these
comply with the minimum content and can be submitted within the given deadlines.
(6)
Criteria governing the application and the selection procedure by the Member States
should be established with a view to ensuring a uniform application of the measures
and of the scrutiny of each application for support within the support programme and
across the Union.
(7)
In view to ensure uniform conditions of implementation in all Member States and for
all measures, detailed provisions should be made concerning the selection procedure,
including the application of eligibility and priority criteria as well as the methodology
for excluding non eligible applications or applications that do not score a minimum
threshold, notably in case of budgetary limitations. In view of subsidiarity, Member
States should be free to determine the weighting to be attributed to each priority
criterion and whether it is appropriate to establish a minimum threshold even in
presence of sufficient budgetary resources.
(8)
With a view to ensuring that the supported measures are implemented efficiently and
effectively, criteria should be established to give priority to specific beneficiaries or
operation aiming at implementing the main objectives of each measure.
(9)
In order to incentivate sinergies, preference should be given to operations of
information in Member States encompassing several Member States or regions or
protected designation of origin or protected geographical indications.
(10)
Micro, small and medium-sized enterprises, which are more in need of support from
the Union than bigger ones, should be given preference for operations of promotion in
third countries either as individual beneficiaries or as any form of producers
associations. Priority should be given also to new promotion operations in order to
allow new operators to benefit of the scheme or operators who have already been
supported to open new markets in third countries. In order to incentivate the
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penetration in third countries where imports of Union wine are not yet consolidated, it
is useful to allow Member States to give priority to operators targeting emerging thirdcountry markets.
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(11)
In order to build synergies, Member States may draw up collective promotion and
information campaigns and provisions should be made to allow cooperation between
the Member States concerned.
(12)
In view of subsidiarity, provisions should be made for Member States to adopt
administrative arrangements concerning the implementation of the green harvesting
measure and for the calculation of the compensation for the beneficiaries in such a
way as to ensure that support does not become a permanent alternative outlet for
products compared to placing them on the market. In particular, Member States should
be free to determine the date until which they request producers to complete the
operations, in such a way as to have sufficient time, in view of the time constraints and
proximity of harvesting period, for the necessary control before payments.
(13)
As regards investment and innovation operations, it is appropriate to fix a threshold
above which Member States should evaluate the proposed operation also in view of
the consistency between the strategies proposed and the objectives set for that
operation, so as to assure the efficiency and efficacy of big projects. Moreover, in
view of legal certainty, the maximum support rate for each type of applying
enterprises should be specified in order to clarify that bigger enterprises may have
access to the measures at a support rate lower than half of the applicable maximum
rate.
(14)
It is imperative, for the purpose of monitoring the implementation of Section 4 of
Chapter II of Title I of Part II of Regulation (EU) No 1308/2013, that the Commission
is made available every year the appropriate data concerning the forecast and the
execution of the support programmes. In this context, it is necessary to lay down the
details of the information to be set out on the reporting and evaluation of support
programmes in order to assess their effectiveness and efficiency.
(15)
In the interest of legal certainty, provisions should be made to provide Member States
with possible methodologies for applying simplified cost reimbursements, notably for
the calculation of standard scales of unit costs, including contributions in kind, and for
their periodic reexamination and possibly needed adjustment.
(16)
In order to protect the financial interests of the beneficiaries, notably where they pay
fees for maintaining a guarantee, and in view of sound financial management,
provisions should be made to set a reasonable deadline for the verification of the
payment claims and for the determination of the actual amount of support, which is a
pre-condition for the release of the security in case of payment of an advance.
(17)
For an effective and efficient implementation of the prohibition on double funding,
provisions should be made to ensure that a performing control system is in place to
avoid that any action or operation that is financed by the support programmes is not
financed also under any other Union fund.
(18)
In order to allow the Commission to monitor possible State aid and advances granted
to beneficiaries for operations implemented under certain measures of the support
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programmes, it is necessary to lay down the details of the information that Member
States should periodically notify to the Commission in this respect.
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(19)
Provisions should be made in order to ensure that all notifications from the Member
States to the Commission that are necessary for the good functioning of the scheme are
made in accordance with uniform conditions determined by the Commission. To
ensure a fair and controllable use of the Union budget, penalties with financial
consequences are to be foreseen in case Member States do not comply with
notification obligations The general rules concerning budgetary discipline, and in
particular those relating to incomplete or incorrect declarations on the part of Member
States, should apply in addition to the specific rules established by this Regulation.
(20)
Measures should be laid down for the checks necessary in order to ensure the proper
application of Regulation (EU) No 1308/2013 and of the provisions adopted to
supplement and implement it, and the appropriate sanctions applicable to the
irregularities found. Those measures should involve both specific checks and sanctions
laid down at Union level as well as additional national checks and sanctions. The
checks and sanctions should be dissuasive, effective and proportionate.
(21)
For the purpose of the uniform application of provisions governing the wine-sector,
rules should be adopted with the aim of specifying the control procedures already in
force at national and Union level, on the one hand, and ensuring direct collaboration
between the bodies responsible for wine-sector controls, on the other.
(22)
Member States should ensure the effectiveness of the work of the bodies responsible
for wine-sector controls. To that end, they should designate a body responsible for
liaison between them and with the Commission. It is also vital that control operations
are coordinated between the competent bodies in all Member States where wine-sector
controls have been split up between several competent bodies.
(23)
To help the uniform application of the rules throughout the Union, Member States
should take the necessary steps to ensure that the staff of the competent bodies has
adequate powers of investigation to guarantee compliance with the rules and that the
persons subject to control do not obstruct the performance of the necessary checks.
(24)
Provisions should be made to ensure that undue payments are recovered with interests
and that irregularities are notified to the Commission.
(25)
In the interest of legal certainty, provisions should be made for controls on specific
measures.
(26)
Concerning the promotion measure, experience has shown that the number of projects
approved and to be controlled by the competent authorities is considerably increasing
bearing an important administrative burden. In order to simplify checks on information
and promotion operations, Member States should be able to opt for a system that
foresees audit certificates supporting the payment claims submitted for bigger projects
so that the administrative and on-the-spot checks to be performed may be based on
such certificates whereas the verification may be limited to samples of supporting
documents.
(27)
Concerning the measure restructuring and conversion of vineyards it is appropriate to
provide for sytstematic checks before and after the implementation of the single
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operations and to establish when and under which conditions such controls may be
performed by remote sensing or on a sample basis.
(28)
Concerning the green harvesting measure, systematic on-the-spot verification of the
areas concerned should be foreseen after the execution in order to ensure that total
destruction of grapes has been carried out. They should also ensure that phytosanitary
and environmental requirements are duly respected. In the interests of verification,
payment of the premium should be made after having controlled that green harvesting
took place and no advances should be granted.
(29)
To create a more uniform basis for payments of the support under the restructuring and
green harvesting measures, it is appropriate to lay down, at Union level, rules on the
measurement of areas, namely to determine what corresponds to the area planted with
vines where support is paid on the basis of standard scales of unit costs based on the
surface, In all other case, Member States should not be obliged to use specific rules on
the measurement of areas.
(30)
Concerning the by-product distillation measure, provisions should be made to ensure
that Member States take all necessary measures to verify the respect of the conditions
and limits for the payment of support.
(31)
The measures provided for in this Regulation are in accordance with the opinion of the
Committee for the Common Organisation of Agricultural Markets.
HAS ADOPTED THIS REGULATION:
CHAPTER I
Procedure for the submission and modification of the support
programmes
Article 1
Submission of support programmes and notification of relevant national legislation
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1.
The first submission of the draft support programme referred to in the first
subparagraph of Article 41 of Regulation (EC) No 1308/2013 shall refer to the five
financial years 2014 to 2018.
2.
Member States shall submit their draft support programme to the Commission using
the model set out in Annex I to this Regulation.
3.
Member States shall submit their financial planning for the draft support programme
referred to in the first and second subparagraphs to the Commission using the model
set out in Annex II to this Regulation.
4.
Member States shall notify to the Commission their legislation related to the support
programmes referred to in the first paragraph once adopted or modified.
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In addition, Member States shall indicate in point J of the model set out in Annex I to
this Regulation the site where the legislation concerned is publicly available.
[ex-Article 2(1) and (2) of R.555]
Article 2
Modifications of support programmes
1.
Modifications in respect of applicable support programmes referred to in Article
41(5) of Regulation (EU) No 1308/2013 shall not be submitted more than twice per
financial year, by 1 March and 30 June of each year at the latest.
However, these deadlines do not apply in cases of emergency measures due to
natural disasters or other exceptional circumstances.
2.
The modified programmes referred to in the first paragraph shall be submitted to the
Commission using the model set out in Annex I to this Regulation and shall
comprise:
(a)
the reasons for the proposed changes;
(b)
an updated version of the financial table by using the model set out in Annex II
where the modification of the support programme entails a revision of the
financial allocation.
[ex-Article 3 of R.555]
Article 3
Responsibility for expenditure
Member States shall bear the responsibility for any expenditure effected under their support
programme or its modifications submitted to the Commission according to Articles 1 and 2 in
case they do not become applicable according to Article 41(4) and Article 41(5) of Regulation
(EU) No 1308/2013.
[= ex-Art 2(5) and 3(1)3rd indent R.555;delegation art 53(a) R. 1308/2013]
Article 4
Content of support programmes
A support programme shall comprise:
(a)
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a description of the measures proposed, notably, for each of the measures laid down
in Subsection 2 of Section 4 of Chapter II of Title I of Part II of Regulation (EU) No
1308/2013:
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i)
a description of the proposed strategy and quantified objectives;
ii)
the natural or legal persons that may submit draft applications;
iii)
the application procedure;
iv)
eligibility criteria;
v)
eligible/non eligible costs;
vi)
where relevant, whether standard scales of unit costs or contributions in kind
shall be applicable and, if so, information on the method of calculation and
annual adaptation;
vii)
priority criteria and respective weighting;
vii)
the selection procedure;
ix)
modalities of payment to beneficiaries;
x)
where relevant, whether advances are granted, maximum rate and conditions;
xi)
where relevant, details on the demarcation with other Union or national
schemes and on the verification system implemented to avoid double funding;
xii)
where relevant, whether State aid is granted.
(b)
the results of consultation held;
(c)
the overall strategy;
(d)
an appraisal showing the expected technical, economic, environmental and social
impact;
(e)
a schedule for implementing the measures;
(f)
a general financing table given in the format of Annex II;
(g)
criteria and other quantitative indicators to be used for monitoring and evaluation;
(h)
steps taken to ensure that the programme is implemented appropriately and
effectively;
(i)
designation of competent authorities and bodies responsible for implementing the
programme;
(j)
the indication of the internet site where the national legislation related to the support
programme is publicly available.
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CHAPTER II
Provisions on support measures
SECTION 1
PROMOTION
SUB-SECTION 1
INFORMATION IN THE MEMBER STATES
Article 5
Application procedure
Member States shall lay down the application procedure and the procedure for the possible
renewal, as referred to in Article 6 of Delegated Regulation (EU) No […], which shall provide
rules on:
(a)
the natural or legal persons that may submit draft applications in accordance with
Article 5 of Delegated Regulation (EU) No […]; [New]
(b)
the verification of compliance with the eligibility and priority criteria set out in
Articles 6 and 7 of this Regulation and with the criteria on eligible operations set out
in Article 3 of Delegated Regulation (EU) No […];
(c)
the procedure for the presentation and approval of requests, which shall include at
least the deadlines for the submission of applications and for the examination of the
suitability of each proposed action;
(d)
objective criteria for the prioritisation of the requests;
(e)
the conclusions of contracts including possible standard forms;
(f)
the provision of securities and arrangements for the payment of advances;
(g)
the evaluation of any given supported operation on the basis of appropriate
indicators. In case of renewal in accordance with Article 6 of Delegated Regulation
(EU) No […], the results of the supported actions shall in addition be evaluated prior
to the renewal and be taken into account in the renewal decision.
[ex-Article 5fa(1) of R.555]
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Article 6
Eligibility criteria
Member States shall examine an application against the following criteria:
(a)
the operations and their underlying actions are clearly defined, describing the
information activities and including the estimated cost;
(b)
the consistency with the strategies proposed and the objectives set in the support
programme;
(c)
assurances that the proposed cost of the operation is not in excess of the normal
market rates;
(d)
assurances that beneficiaries have access to sufficient technical and financial
resources to ensure that the operation is implemented effectively.
[ex-Article 5fa(2), 5b(3) a) and c) of R.555]
Article 7
Priority criteria
1.
2.
Having examined the applications, Member States shall give preference to
operations:
(a)
concerning several Member States;
(b)
concerning several administrative or wine regions;
(c)
concerning several protected designations of origin or protected geographical
indications of the Union;
(d)
which are likely to have impact and success in raising consumers awareness
about responsible consumption of wine and the risk associated with alcohol
consumption or about the Union system of protected designation of origin and
protected geographical indications.
Member States may establish additional priority criteria by indicating them in the
support programme.
[ex-Article 5fa(3) of R.555]
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SUB-SECTION 2
PROMOTION IN THIRD COUNTRIES
Article 8
Application procedure
Member States shall lay down the application procedure and the procedure for the possible
renewal, as referred to in Article 6 of Delegated Regulation (EU) No […], which shall provide
detailed rules on:
(a)
the natural or legal persons that may submit draft applications in accordance with
Article 5 of Delegated Regulation (EU) No […]; [New]
(b)
the verification of compliance with the eligibility and priority criteria set out in
Articles 9 and 10 of this Regulation and with the criteria on eligible operations set
out in Article 4 of Delegated Regulation (EU) No […];
(c)
the procedure for the presentation and approval of requests, which shall include at
least the deadlines for the submission of applications and for the examination of the
suitability of each proposed action;
(d)
the products concerned and their marketing in conformity with the provisions of this
Regulation, the national provisions and the relevant specification;
(e)
objective criteria for the prioritisation of the requests;
(f)
the conclusion of contracts, including possible standard forms;
(g)
the provision of securities and arrangements for the payment of advances;
(h)
the evaluation of any given supported operation on the basis of appropriate
indicators. In case of renewal in accordance with Article 6 of Delegated Regulation
(EU) No […], the results of the supported actions shall in addition be evaluated prior
to the renewal and be taken into account in the renewal decision.
[ex-Article 5(1) of R.555]
Article 9
Eligibility criteria
Member States shall examine an application against the following criteria:
(a)
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the operations and their underlying actions are clearly defined, describing the
promotion activities and including the estimated cost;
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(b)
the consistency between the strategies proposed and the objectives set;
(c)
assurances that the proposed cost of the operation is not in excess of the normal
market rates;
(d)
assurances that beneficiaries have access to enough technical capacity to face the
specific constraints of trade with third countries and have sufficient resources to
ensure that the operation is implemented as effectively as possible. In particular,
beneficiaries must demonstrate that enough products in terms of quality and quantity
will be available to ensure answering the market demand in the long run after the
promotion operation.
[ex-Article 5(2)and 1st indent of Article 4f of R.555]
Article 10
Priority criteria
1.
2.
Having examined the applications, Member States shall give preference to:
(a)
micro, small and medium-sized enterprises within the meaning of Commission
Recommendation 2003/361/EC, notably when grouped in a temporary or
permanent association of two or more producers;
(b)
new beneficiaries who did not receive support in the past under this scheme;
(c)
beneficiaries targeting a new third country or a new region of a third country
for which they did not receive support in the past under this scheme;
(d)
operations which are likely to have impact and success in increasing demand
for the products concerned.
Member States may establish additional priority criteria, namely concerning
emerging third country markets, by indicating them in the support programme.
[ex-Article 5(3) of R.555]
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SUB-SECTION 3
COMMON PROVISIONS
Article 11
Joint promotion operation
Two or more Member States may decide to select a joint information or promotion operation.
They shall undertake to contribute to the financing and agree on administrative collaboration
procedures to facilitate the monitoring, implementation and checking of the joint operation.
[ex-Articles 5fa(4) and 5(4) of R.555]
SECTION 2
RESTRUCTURING AND CONVERSION OF VINEYARDS
Article 12
Application procedure
1.
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Member States shall lay down the application procedure, which shall provide
detailed rules on:
(a)
the natural or legal persons that may submit applications, in accordance with
Article 7 of Delegated Regulation (EU) No […];
(b)
the procedures to ensure the eligibility of the application and the consistency
with the control system set out for the scheme of authorisations for replanting
in accordance with Articles 66 [replanting authorisations] and 68 [conversion
of planting rights]of Regulation (EU) No 1308/2013. [New]
(c)
the content of the request, which shall include detailed descriptions of the
proposed actions and the proposed deadlines for their execution;
(d)
the verification of compliance with the eligible actions and ineligible costs set
out in Articles 8 and 9 of Delegated Regulation (EU) No […];
(e)
the procedure for the presentation and approval of requests, which shall
include at least the deadlines for the submission of applications and for the
examination of the suitability of each proposed action;
(f)
objective criteria for the prioritisation of the requests;
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2.
(g)
the provision of securities and arrangements for the payment of advances;
(h)
a requirement that all requests shall state, for each financial year, the actions to
be implemented in that financial year, and the area concerned by each
operation and procedures for monitoring such implementation.
Member States may lay down a minimum size of the area which may qualify for
support for restructuring and conversion, and a minimum size of area resulting from
restructuring and conversion and any derogation from this requirement which shall
be duly justified and based on objective criteria.
[ex-Article 7 of R.555]
SECTION 3
GREEN HARVESTING
Article 13
Conditions for the implementation
In accordance with Article 11 [Conditions for the implementation of green harvesting] of
Delegated Regulation (EU) No […], Member States shall:
(a)
adopt detailed provisions on the implementation of the measure, including:
(i)
the prior notification of green harvesting;
(ii)
the amount of compensation to be paid.
(b)
set the deadline for applications of green harvesting between 15 April and 10 June of
each year;
(c)
establish by 10 June an expected market situation justifying the application of green
harvesting to restore market balance and to prevent crisis.
[= ex-Art 12(1) R.555]
Article 14
Application procedure
1.
Member States shall lay down the application procedure, which shall provide for:
(a)
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the natural or legal persons that may submit draft applications, in accordance
with Article 10 of Delegated Regulation (EU) No […];[New]
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2.
(b)
the verification of compliance with the conditions for the implementation and
ineligible actions set out in Articles 11 and 12 of Delegated Regulation (EU)
No […];[New]
(c)
the applicable premium to the producer concerned;
(d)
the information required to accompany the application;
(e)
the content of the request, which shall include details on the area, the average
yield, the method to be used as well as the grape variety and the type of wine
produced from it.
(f)
the procedure for the presentation and approval of requests, which shall
include at least the deadlines for the submission of applications and for the
examination of the suitability of each proposed action;
(g)
objective criteria for the prioritisation of the requests.
Member States shall verify whether the applications are well founded. For this
purpose, they may foresee that a written undertaking of the producer is lodged upon
application. In case the application is withdrawn without duly justified reason they
may provide for the producer concerned to bear the costs incurred concerning the
treatment of its request.
[= ex-Art 13 R.555]
Article 15
Compensation
1.
Each year, Member States shall calculate the direct costs of green harvesting
according to the different methods (manual, mechanical and chemical) that they
allow as eligible in relation to Article 11 [Conditions for the implementation of green
harvesting] of Delegated Regulation (EU) No […].
In case more than one method of green harvesting is used on the same given area, the
compensation shall be based on the least expensive method.
2.
Member States shall define the loss of revenue caused by green harvesting on the
basis of objective and non-discriminatory criteria, taking into account any cost
savings.
[= ex-Art 14 R.555, part of which goes to DA]
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SECTION 4
MUTUAL FUNDS
Article 16
Implementation of the measure
Member States shall adopt detailed provisions for the implementation of that measure.
[= ex-Art 15(d) R.555, the rest goes to DA]
SECTION 5
HARVEST INSURANCE
Article 17
Application procedure
Member States shall lay down the application procedure, which shall provide detailed rules
on:
(a)
the natural or legal persons that may submit draft applications in accordance with
Article 18 of Delegated Regulation (EU) No […];
(b)
the verification of compliance with the conditions of support set out in Article 19 of
Delegated Regulation (EU) No […];
(c)
the procedure for the presentation and approval of requests, which shall include at
least the deadlines for the submission of applications and for the examination of their
suitability;
(d)
objective criteria for the prioritisation of the requests;
(e)
the conclusion of contracts including possible standard forms;
(f)
payments to beneficiaries in accordance with in Article 20 of Delegated Regulation
(EU) No […].
[New + consistency with other measures]
EN
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SECTION 6
INVESTMENTS
Article 18
Application procedure
Member States shall lay down the application procedure, which shall provide detailed rules
on:
(a)
the natural or legal persons that may submit draft applications in accordance with
Article 21 of Delegated Regulation (EU) No […]; [New]
(b)
the verification of compliance with the eligible actions and eligible costs set out in
Article 22 of Delegated Regulation (EU) No […];
(c)
the procedure for the presentation and approval of requests, which shall include at
least the deadlines for the submission of applications and for the examination of the
suitability of each proposed action;
(d)
objective criteria for the prioritisation of the requests;
(e)
the provision of securities and arrangements for the payment of advances;
(f)
the evaluation of any given supported operation including the appropriate indicators
for operations covering eligible costs in excess of 1 million EUR.
[New=guidelines + + consistency with other measures]
Article 19
Eligibility criteria
Member States shall examine an application against the following criteria:
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(a)
the operations and their underlying actions are clearly defined, describing the
investment actions and including the estimated cost;
(b)
the consistency between the strategies proposed and the objectives set for operations
whose eligible cost exceeds 1 million EUR;
(c)
assurances that the cost of the operation is not in excess of the normal market rates;
(d)
assurances that beneficiaries have access to sufficient technical and financial
resources to ensure that the operation is implemented effectively and that the
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applying enterprise is not in difficulty within the meaning of in Article 50(2), third
subparagraph of Regulation (EU) No 1308/2013.
[New + consistency with other measures]
Article 20
Priority criteria
1.
2.
Having examined the applications, Member States shall give preference to operations
which are likely to have:
(a)
positive effects in terms of energy savings, global energy efficiency and
environmentally sustainable processes;
(b)
an impact and success in improving the overall performance of the processing
or marketing facilities and their adaptation to market demands, as well as
increase their competitiveness.
Member States may establish other priority criteria by indicating them in the support
programme.
[New + Article 50(1) R 1308/2013 + consistency with other measures]
Article 21
Support rate
1.
The maximum support rate referred to in Article 50(4) of Regulation (EU) No
1308/2013 shall apply to micro, small and medium-sized enterprises as referred to in
Article 50(2)(a) of Regulation (EU) No 1308/2013 and to all enterprises in the regions
referred to in Article 50(2)(b) of Regulation (EU) No 1308/2013.
2.
For the enterprises referred to in Article 50(2), second subparagraph of Regulation EU
(No) 1308/2013, the maximum aid rate shall be half of the maximum rates laid down
in Article 50(4) of Regulation (EU) No 1308/2013.
3.
Member States may set up a maximum support rate for other enterprises that in any
case shall be lower than the support rate referred to in paragraph 2.
[New + Article 50 R 1308/2013]
EN
17
EN
SECTION 7
INNOVATION
Article 22
Procedures, support rate and priority criteria
The application procedure, eligibility and priority criteria as well as the support rate laid down
in Section 6 [Investments], shall apply mutatis mutandis to projects submitted under this
measure.
Moreover, having examined the applications, Member States shall give preference also to
operations including:
(a)
an element of knowledge transfer;
(b)
the participation of research and development centres.
[New=investments]
SECTION 8
BY-PRODUCT DISTILLATION
Article 23
Implementation of the measure
Member States shall adopt detailed provisions for the implementation of this measure.
[= ex-Art 24(4) R.555, the rest goes to DA]
Article 24
Application procedure
Member States shall lay down the application procedure, which shall provide detailed rules
on:
(a)
EN
the natural or legal persons that may submit draft applications in accordance with
Article 27 of Delegated Regulation (EU) No […];
18
EN
(b)
the verification of compliance with the conditions of support set out in Section 8 of
Delegated Regulation (EU) No […];
(c)
the payment of the aid in accordance with in Article 28 (Purpose of the aid) of
Delegated Regulation (EU) No […] and Article 27 (Amount of the aid) to this
Regulation.
[New + consistency with other measures]
Article 25
Fixing a minimum percentage of alcohol
1.
Subject to point 1 of Section D of Part II of Annex VIII to Regulation (EC) No
1308/2013, Member States shall establish the volume of alcohol that must be
contained in the by-products in relation to that contained in the wine produced.
Member States may modulate the minimum percentage of alcohol on the basis of
objective and non-discriminatory criteria.
2.
Should the relevant percentage fixed by Member States in application of the first
paragraph not be reached, those subject to the obligation shall deliver a quantity of
wine from their own production, thus ensuring attainment of that percentage.
3.
For the purpose of determining the volume of alcohol contained in the by-products in
relation to that contained in the wine produced, the standard wine natural alcoholic
strengths by volume to be applied in the different wine-growing zones shall be:
(a)
8,0 % for zone A;
(b)
8,5 % for zone B;
(c)
9,0 % for zone C I;
(d)
9,5 % for zone C II;
(e)
10,0 % for zone C III.
[= ex-Art 21 R.555]
Article 26
Recognition of distillers
The relevant Member States may introduce a system of recognition of distillers according to a
procedure that they lay down.
[= ex-Art 23(3) R.555]
EN
19
EN
Article 27
Amount of the aid
1.
2.
The maximum amount of the aid referred to in Article 52 of Regulation (EC) No
1308/2013 to be paid to distillers is established by % volume alcohol and by
hectolitre in the following manner:
(a)
for raw alcohol obtained from marcs: EUR 1,1/%vol./hl;
(b)
for raw alcohol obtained from wine and lees: EUR 0,5/%vol./hl.
Member States shall fix, within the limits provided for in the first paragraph on the
basis of objective and non-discriminatory criteria, the amount of aid and the lumpsum compensation for the collection costs referred to in Article 52(3) of Regulation
(EU) No 1308/2013, and notify them to the Commission in the relevant part of
Annexes I, III and IV forms.
These amounts may be adjusted according to different production typologies, on the
basis of objective and non-discriminatory criteria.
[= ex-Art 25 R.555]
CHAPTER III
Reporting, evaluation and general provisions
Article 28
Reporting and evaluation
1.
Member States shall notify to the Commission by 1 March each year, a report on the
implementation of the measures provided for in their support programmes referred to
in Section 4 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013
during the previous financial year.
This report shall list and describe the measures for which Union assistance under the
support programmes was granted.
This report shall be presented by Member States to the Commission using the model
set out in Annex III to this Regulation.
2.
At the same time as report referred to in the first paragraph, financial and technical
data related to the implementation of the measures in the support programme, shall
be presented by the Member States using the model set out in Annex IV.
The information contained in Annex IV shall refer to each financial year in respect of
the measures of the support programme:
EN
20
EN
(a)
for the financial years of the programming period already incurred: actual
technical data and a statement of expenditure which will in no cases overshoot
the budgetary limit for the Member State as laid down in Annex VI to
Regulation (EC) No 1308/2013;
(b)
for subsequent financial years until the end of the planned period of
implementation of the support programme: foreseen technical data and
forecasts of expenditure, up to the budgetary limit for the Member State as laid
down in VI to Regulation (EC) No 1308/2013 and in coherence with the most
updated submission sent in accordance with Article 2 [Modifications of support
programmes] of this Regulation.
3.
Member States shall draw up a list with the details on the implementation of the
promotion measure referred to in Article 45 of Regulation (EU) No 1308/2013
within the limit of available funds. That list shall be notified to the Commission
using the model set out in Annex V by 1 March each year.
4.
Member States shall, by 1 March 2017 and by 1 March 2019, notify to the
Commission an evaluation of the costs effectiveness and benefits of the support
programmes as well as an indication of how to increase their efficiency.
Those evaluations shall be presented by the Member States to the Commission using
the model set out in Annex III, contain the financial and technical information set out
in Annex IV and shall concern all the previous years of the relevant programming
period. In addition, the following items shall be inserted in the conclusions:
(a)
C1: Evaluation of the costs effectiveness and benefits of the support
programme;
(b)
C2: Ways to increase the efficiency of the support programme.
5.
For each measure of their support programme, Member States shall, by 1 February
each year, notify to the Commission the measures taken to comply with the control
requirements set out in this Regulation during the previous financial year. The
notification shall be made using the model set out in Annex VI.
6.
References to payments in a given financial year shall refer to payments actually
made by Member States between 16 October of the previous year and 15 October of
the relevant year.
7.
Member States shall record the details of their support programmes, whether or not
amended, and of all measures carried out in pursuance of those programmes.
[= ex-Art 35 R.555]
EN
21
EN
Article 29
Selection procedure
1.
Member States shall examine for each application the compliance with the application
procedure and with the eligibility criteria and eligible costs established for each
measure introduced in their support programme.
2.
Member States shall assess the applications considered as eligible according to the
procedure laid down in the first paragraph and establish a ranking in accordance with
the specific weighting attributed to every priority criterion established for each
measure.
3.
Where the value of the submitted applications exceeds the available budget, Member
States shall select the applications in descending order of the ranking established
according to the procedure laid down in paragraph 2.
Where eligible applications have been rejected following this selection procedure,
applicants shall be informed of the reasons for such decision.4.
Member
States
may establish for each relevant measure an additional priority criterion attributing
preference to eligible applications that have been rejected in the previous year
according the procedure set out in paragraph 3.
5.
Member States may decide to exclude eligible applications that do not meet a
minimum ranking even if the value of the submitted applications does not exceed the
available budget.
[New]
Article 30
Simplified cost reimbursement
1.
EN
Where Member States choose to use standard scales of unit costs in accordance with
Articles 19(1), letter c) [conditions of support harvest insurance] and 30(2) [Eligible
costs and reimbursement rules for area-based measures] of Delegated Regulation
(EU) No [...], they shall:
(a)
establish these scales in advance of any payments;
(b)
establish them through a fair, equitable and verifiable calculation method based
on the following criteria:
i)
statistical data or other objective information;
ii)
the verified historical data of individual beneficiaries; or
iii)
the application of the usual costs accounting practices of individual
beneficiaries.
22
EN
To this end, Member States shall ensure that a body that is functionally independent
from the authorities responsible for the implementation of the support programme
and possesses the appropriate expertise performs the calculations or confirm the
adequacy and accuracy of the calculations.
2.
The value attributed to contributions in-kind shall be the normal rate of remuneration
for equivalent work on the market in question.
3.
Member States may decide to use differentiated scales to take into account regional
or local specificities.
4.
Member States shall, so as to avoid that standard scales, once established, become
out-of-tune over time with the criteria set out in the first paragraph, re-examine the
calculations every second year and shall, if necessary, adjust the initially established
standard scales of unit costs.
5.
Member States shall keep all the documentary evidence concerning the establishment
of standard scales of unit costs and their re-examination which allows verifying the
reasonableness of the method followed to establish them in accordance with the
criteria laid down in the first paragraph.
[Article 67 of R 1303/2013 + New]
Article 31
Modalities of payment to beneficiaries
Member States shall for each measure:
(a)
set the deadline for lodging the payment claim; and
(b)
after the date of lodging a valid and complete interim or final payment claim, pay the
beneficiaries within seven months.
[= ex-Art 37 R.555]
Article 32
Advance payments
1.
EN
Beneficiaries of support under the promotion, restructuring, investments, innovation
and by-product distillation measures referred to respectively in Articles 45, 46, 50,
51 and 52 of Regulation (EU) No 1308/2013 may request the payment of an advance
from the competent paying agencies as referred to in Article 35 of Delegated
Regulation (EU) No […] (advance payments) if this option is included in the national
support programme.
23
EN
2.
The amount of advances shall not exceed 80% of the public aid and its payment shall
be subject to the establishment of a bank guarantee or an equivalent guarantee
corresponding to 110% of the amount of the advance.
3.
For the purpose of Commission Delegated Regulation (EU) No 907/20146 the
obligation shall be to spend the total amount advanced in the implementation of the
operation concerned by the end of the second financial year following the financial
year during which the advance was paid.
4.
As regards the measure restructuring and conversion of vineyards, that period may be
adjusted by the Member State in cases where:
(a)
the concerned surfaces are part of an area which has suffered a natural disaster
recognised by the competent authorities of the Member State concerned;
(b)
planned operations cannot be implemented because the plant material suffers
health problems which have been certified by a body recognised by the
Member State concerned;
(c)
other cases of force majeure and exceptional circumstances.
In order for the support to be paid in advance, any previous action carried out on the
same area, for which the producer also received support in advance, must have been
fully implemented.
5.
The guarantee shall be released when the competent paying agency establishes that
the amount of actual expenditure corresponding to the public aid related to the
concerned measures exceeds the amount of the advance.
[=ex-art 9(2), 19(2) and 20c(2) of R.555/2008, new for other measures + harmonisation with
rules for restructuring Art 13(1) of this Regulation]
Article 33
Verification on the prohibition on double financing
Member States shall define demarcation criteria for the promotion, restructuring, mutual
funds, harvest insurance, investments and innovation measures referred to respectively in
Articles 45, 46, 48, 49, 50 and 51 of Regulation (EU) No 1308/2013 in the relevant part of
Annex I in such detail as to allow for verification that any supported operation or action is not
included for support in their rural development programmes or under other Union
instruments.
[= ex-Arts 10a(3) and 20 R.555, new for other measures]
6
EN
Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation
(EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and
other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255,
28.8.2014, p. 18).
24
EN
Article 34
Notifications related to State aid
1.
When Member States grant State aid in accordance with Article 212 of Regulation
(EU) No 1308/2013 for the promotion, harvest insurance and investments measures
referred to respectively in Articles 45, 49 and 50 of that Regulation, they shall fill in
the model set out in Annex VII:
(c)
indicating whether support will be granted in respect of Commission
Regulation (EU) No 1408/20137, or Commission Regulation (EU) No
1407/20138; or
(d)
providing the registration number and the reference to the Commission
exemption Regulation adopted on the basis of Council Regulation (EC) No
994/98 under which the measure was introduced; or
(e)
providing the case number and reference number under which the measure has
been declared compatible with the Treaty by the Commission.
2.
The elements notified using the model set out in Annex VII must be valid over the
entire life cycle of the programme without prejudice to any subsequent changes of
the programmes. That Table shall be notified to the Commission by 1 March each
year.
3.
In addition, Member States shall notify whether State aids will be granted and the
corresponding amount in the relevant parts of Annexes I, III and IV.
[= ex-Art 37a and Articles 5(8), 5fa(5), 16, 3rd indent and 20(1) 2nd indent R.555, amended]
Article 35
Notifications related to advances
1.
Where advances are granted in accordance with Article 35 [Advances for promotion,
restructuring, investments, innovation and by-product distillation] of Delegated
Regulation (EU) No […], beneficiaries should provide for each operation annually to
the paying agencies the following information:
(a)
7
8
EN
costs statements justifying by measure the use of the advances until 15
October, and;
Commission Regulation (EC) No 1408/2013 of 18 December 2013 on the application of Articles 107
and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture
sector (OJ L 352, 24.12.2013, p.9).
Commission Regulation (EC) No 1407/2013 of 18 December 2013 on the application of Articles 107
and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352,
24.12.2013, p.1).
25
EN
(b)
a confirmation by measure of the balance of unused advances remaining on 15
October.
2.
Member States shall define in their national rules the date of transmission of this
information in order for it to be included in the current annual accounts of the paying
agencies referred to in Article 7(3)(a) of Regulation (EU) No 1306/2013 within the
deadline laid down in that Article.
3.
For the purposes of Article 18(2) of Implementing Regulation (EU) No 282/2012, the
evidence of final entitlement to be produced shall be the last costs statement and a
confirmation of the balance referred to in the first paragraph.
4.
Concerning advances granted for operations approved under the restructuring,
investments and innovation measures referred to respectively in Articles 46, 50 and
51 of Regulation (EU) No 1308/2013, the last costs statement and confirmation of
the balance referred to in paragraphs 1 and 2 shall be provided by the end of the
second financial year after their payment.
[= ex-Art 37b R.555, amended]
Article 36
Notifications
EN
1.
The notifications to the Commissions referred to in this Regulation shall be made in
accordance with Commission Regulation (EC) No 792/20099.
2.
Without prejudice to any specific provision of this Regulation, Member States shall
take all measures necessary to ensure that they are able to meet the deadlines for
notifications set out in this Regulation.
3.
If a Member State fails to make a notification as required under this Regulation or if
the notification appears incorrect in the light of objective facts in the Commission's
possession, the Commission may suspend part or all of the monthly payments referred
to in Article 17 of Regulation (EU) No 1306/2013 as regards the wine sector until the
notification is correctly made.
4.
Member States shall retain the information submitted in accordance with this Article
for at least ten wine years following the wine year during which it was submitted.
5.
The obligations laid down in this Article shall not prejudice the Member States'
obligations laid down in Regulation (EU) No 1337/2011 of the European Parliament
and of the Council10 on statistical surveys of areas under vines.
9
Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the
Member States' notification to the Commission of information and documents in implementation of the
common organisation of the markets, the direct payments' regime, the promotion of agricultural
products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228,
1.9.2009, p.3).
26
EN
[= ex-Art 100 R.555]
CHAPTER IV
Control provisions
SECTION 1
PRINCIPLES OF CONTROL
Article 37
Checks
1.
Without prejudice to specific provisions of this Regulation or other Union legislation,
Member States shall introduce checks and measures in so far as they are necessary to
ensure the proper application of the rules for the support programmes in the wine
sector laid down in Section 4 of Chapter II of Title I of Part II of Regulation (EU) No
1308/2013 and this Regulation. They shall be effective, proportionate and dissuasive
so that they provide adequate protection for the financial interests of the Union.
2.
In particular, Member States shall ensure that:
10
EN
(a)
all eligibility criteria established by Union or national legislation or the
national framework can be checked;
(b)
possible additional eligibility criteria are clearly indicated in the support
programme along with the control provisions foreseen to check them; [New]
(c)
only operations that are verifiable and controllable are approved; [New]
(d)
the competent authorities responsible for carrying out checks have a sufficient
number of suitably qualified and experienced staff to carry out the checks
effectively;
(e)
provision is made for checks to avoid irregular duplicated financing of
measures under this Regulation and other Union or national schemes;
Regulation (EU) No 1337/2011 of the European Parliament and of the Council of 13 December 2011
concerning European statistics on permanent crops and repealing Council Regulation (EEC) No 357/79
and Directive 2001/109/EC of the European Parliament and of the Council (OJ L 347, 30.12.2011, p.
7).
27
EN
3.
(f)
checks and measures are in line with the nature of the support measure
concerned. Member States shall define methods and means for verification and
specify who shall be subject to checks;
(g)
controls are carried out either systematically or, when specifically allowed by
this Regulation, by sampling. In the case of sampling, Member States shall
ensure that by their number, nature and frequency, controls are representative
of the entirety of their territory and correspond, where applicable, to the
volume of the wine products marketed or held with a view to their marketing;
(h)
the operations admitted for Union financing are genuine and comply with
Union legislation.
Verification shall be by administrative and, where appropriate, on-the-spot checks.
(ex 76 and 77.1 R 555/2008)
Article 38
Administrative checks
1.
Administrative checks shall be carried out on all applications for support, payment
claims or other declarations and requests of modification submitted by a beneficiary
or a third party, and shall cover all elements that can be checked and are appropriate
to be checked by means of administrative checks.
Where relevant, they shall include cross-checks with, inter alia, data from the
integrated administration and control system provided for in Chapter 2 of Title V of
Regulation (EU) No 1306/2013.
The procedures shall require recording of the control work undertaken, the results of
the verification and the measures taken in the event of discrepancies.
2.
EN
Administrative checks on applications for support shall ensure the compliance of the
operation with applicable obligations established by Union or national law or by the
support programme, including those of State aid and other obligatory standards and
requirements. The checks shall include verification of:
(a)
the eligibility of the beneficiary;
(b)
the eligibility criteria, commitments and other obligations of the operation for
which support is requested;
(c)
the eligibility of the costs of the operation, including compliance with the
category of costs or calculation method to be used where support is paid on the
basis of standard scales of unit costs or of supporting documents to be
submitted by the beneficiary, together with, where applicable, contributions in
kind, personnel and administrative costs referred to respectively in Articles 31,
32 and 33 of Delegated Regulation (EU) No […];
28
EN
3.
4.
(d)
the reasonableness of the costs submitted, which shall be evaluated using a
suitable evaluation system, such as reference costs, a comparison of different
offers or an evaluation committee, where support is paid on the basis of
supporting documents to be submitted by the beneficiary;
(e)
the compliance with the priority criteria and the attribution of weighting for the
purposes of the selection procedure referred to in Article 29.
Administrative costs on payment claims shall be systematic and include, where
appropriate for the claim in question, verification of:
(a)
the completed operation compared with the operation for which the application
for support was submitted and granted;
(b)
the costs incurred and the payments made.
Administrative checks shall include procedures to avoid irregular double financing
with other Union or national schemes.
[Article 48(1), (2), (3) and (4) of R 809/2014 adapted]
Article 39
On-the-spot checks
1.
Member States shall organise on-the-spot checks on approved operations using an
appropriate sample basis where a sample based control is provided for in the present
Chapter.
Those checks shall, to the extent possible, be carried out before the final payment is
made for an operation.
2.
The inspectors undertaking the on-the-spot check shall not have been involved in
administrative checks of the same operation.
3.
On-the-spot checks may be announced provided that the prior notice does not
interfere with their purpose or effectiveness. Any announcement shall be strictly
limited to the minimum time period necessary and shall not exceed 14 days.
4.
Where applicable, the on-the-spot checks provided for in this Regulation shall be
carried out in conjunction with any other checks provided for by Union legislation.
5.
The aid application or applications concerned shall be rejected if beneficiaries or
their representatives prevent an on-the-spot check from being carried out.
(ex 78 R 555/2008 amended with Article 25, 1st indent of R 809/2014)
EN
29
EN
Article 40
Control rate and sampling of on-the-spot checks
1.
On-the-spot checks after the implementation of the operations shall be systematic for
the restructuring, green harvesting, investments and innovation measures referred to
respectively in Articles 46, 47, 50, 51 of Regulation (EU) No 1308/2013.
As regards the other measures, a sample based control after the implementation of
the operations is allowed. In particular:
2.
(a)
in relation to the mutual funds, harvest insurance and by-product distillation
measures referred to respectively in Articles 48, 49 and 52 of Regulation (EU)
No 1308/2013, the sample size shall be at least 5% of the applications, selected
in accordance with Article 42 of this Regulation (selection of the control
sample). This sample shall also represent at least 5% of the amounts covered
by the aid.
(b)
In relation to the promotion measure referred to in Articles 45 of Regulation
(EU) No 1308/2013, the sample size shall be at least 5% of the applications,
selected in accordance with Article 42 of this Regulation (selection of the
control sample). However, those operations for which a total of public aid of
EUR 750 000 or more was considered eligible following the administrative
checks on the initial application for support shall be systematically checked on
the spot at least once before the final payment.
Where on-the-spot checks reveal any significant non-compliance in the context of a
given aid scheme or support measure or in a region or part of a region, the competent
authority shall appropriately increase the percentage of beneficiaries to be checked
on-the-spot in the following year. [Article 35 R 809/2014].
However, Member States may decrease the minimum level of on-the-spot checks
where the management and control systems function properly and the error rates
remain at an acceptable level. [Article 59(5) R 1306/2013]
(ex 77.5 R 555/2008 amended)
Article 41
Content of the on-the-spot checks
1.
Article 51(1), (2) and (3) of Regulation (EU) No 809/2014 shall apply mutatis
mutandis to the measures referred to in Articles 45 to 52 of Regulation (EU) No
1308/2013.
2.
In all appropriate cases, Member States shall make use of the integrated
administration and control system (IACS).
(ex 77(5) and (7) R 555/2008 amended)
EN
30
EN
Article 42
Selection of the control sample
1.
Control samples for on-the-spot checks allowed under this Chapter shall be selected
every year by the competent authority on the basis of a risk analysis and of
representativeness of the aid applications submitted. The effectiveness of risk
analysis shall be assessed and updated on an annual basis:
(a)
by establishing the relevance of each risk factor;
(b)
by comparing the results of the risk based and randomly selected sample
referred to in the second subparagraph;
(c)
by taking into account the specific situation in the Member State.
2.
To provide the element of representativeness, Member States shall select randomly
between 20 and 25% of the minimum number of beneficiaries to be subjected to onthe-spot checks.
3.
The competent authority shall keep records of the reasons why specific beneficiaries
were selected for on-the-spot checks. The inspector performing the on-the-spot check
shall be informed of those reasons before beginning the check.
(ex 79 R 555/2008)
Article 43
Control report
1.
Every on-the-spot check shall be the subject of a control report which enables the
review of all details of the checks carried out.
As far as controls concern Union financing the report shall indicate in particular:
EN
(a)
the aid schemes and applications checked;
(b)
the persons present;
(c)
where applicable, the agricultural areas checked, the agricultural areas
measured, the results of the measurements per parcel measured and the
measuring methods used;
(d)
the quantities which are covered by the check and their results;
(e)
whether advance notice was given to the beneficiary of the visit and, if so, how
much;
(f)
any further control measures carried out.
31
EN
2.
Where discrepancies are found between the information in the application and the
actual situation found during the check carried out on the spot or by remote sensing,
the beneficiary shall receive a copy of the control report and shall have the
opportunity to sign it before the competent authority draws its conclusions from the
findings with regard to any resulting reductions or exclusions.
(ex 80 R 555/2008)
Article 44
Control bodies
1.
Where a Member State designates several competent bodies to check compliance with
the rules governing the wine sector, it shall coordinate the work of those bodies.
2.
Each Member State shall designate a single liaison body responsible for contacts with
the liaison bodies of other Member States and with the Commission. In particular, the
liaison body shall receive and forward requests for cooperation with a view to
implementing this Title, and shall represent its Member State vis-à-vis other Member
States or the Commission.
(ex 82 R 555/2008)
Article 45
Powers of control officials
Each Member State shall take all appropriate measures to facilitate the work of the officials of
its competent bodies. It shall ensure in particular that such officials, where appropriate in
conjunction with officials of other departments which it authorises for the purpose:
(a)
have access to vineyards, wine-making and storage installations, installations for
processing wine-sector products and vehicles for transporting those products;
(b)
have access to the commercial premises (or warehouses) and vehicles of anyone
holding with a view to sale, marketing or transporting wine-sector products or
products which may be intended for use in the wine sector;
(c)
may take samples of wine-sector products, substances or products which may be
used for the preparation of such products and products held with a view to sale,
marketing or transport;
(d)
have access to accounting data and other documents of use in control procedures, and
make copies or extracts thereof.
(ex 83 R 555/2008)
EN
32
EN
Article 46
Persons subject to controls
Natural or legal persons and groups of such persons whose professional activities may be the
subject of the controls referred to in this Chapter shall not obstruct such controls and shall be
required to facilitate them at all times.
(ex 95 R 555/2008)
Article 47
Recovery of undue payments
1.
In conformity with point (b) of Article 63(5) of Regulation (EU) No 1306/2013,
undue payments shall be recovered, with interests, from the beneficiaries concerned.
The rules fixed in Article 7 of Implementing Regulation (EU) No 809/2014 shall
apply mutatis mutandis.
2.
Implementation of administrative penalties and recovery of unduly paid amounts are
without prejudice to notification of irregularities to the Commission pursuant to
Commission Regulation (EC) No 1848/2006.
[= art. 97 of R. 555/2013]
SECTION 2
CONTROL OF SPECIFIC MEASURES
Article 48
Control related to the promotion measure
1.
For information and promotion operations implemented under the measure referred
to in Article 45 of Regulation (EU) No 1308/2013 for which a total of public aid of
EUR 750 000 or more was considered eligible following the administrative checks
on the initial application for support, Member States may allow beneficiaries to
submit a certificate on the financial statements accompanying interim or final
payment claims covering an amount of public aid of EUR 325 000 or more.
The certificate is to be produced by an approved external auditor and shall provide
adequate evidence on the eligibility and reality of the costs proposed, against
following criteria:
EN
33
EN
a)
they are actually incurred by the beneficiary or by the organising body to which
the beneficiary has entrusted the implementation, including the payment, of the
information or promotion operation or parts of it;
b)
they correspond to the costs considered as eligible by the competent authority
following the administrative checks on the initial application for support;
c)
they are necessary for the implementation of the operation as approved by the
competent authority;
d)
they are identifiable and verifiable, for example being recorded in the
accounting records of the beneficiary or of the organising body and determined
according to the applicable accounting standards of the Member State where the
beneficiary or the organising body is established;
e)
they comply with the requirements of the applicable tax and social legislation;
f)
they are reasonable, justified, and comply with the principle of sound financial
management, notably regarding economy and efficiency.
2.
Beneficiaries shall submit copies of the relevant invoices and supporting documents
proving the eligibility and reality of the costs where the certificate referred to in the
first paragraph is not produced.
3.
During the administrative checks on payment claims, Member States shall
systematically verify the documents submitted to apply for payment, notably the
certificate on the financial statement or the invoices and other supporting documents,
against the costs considered as eligible following the administrative checks on the
initial application for support and the other criteria listed in the first paragraph.
Member States shall request any additional information deemed necessary and carry
out further checks if necessary, notably where the administrative review of the
certificate on the financial statement does not provide adequate evidence on the
eligibility and reality of the costs and the respect of the criteria listed in the first
paragraph.
4.
On-the-spot checks on information and promotion operations may be carried out
either at the premises of the beneficiary or of the organising body to which the
beneficiary has entrusted the implementation, including the payment, of the
information or promotion operation or parts of it.
They aim at the verification of the reality and eligibility of the expenditure and shall
consist in the examination of the submitted invoices and supporting documents
against the accounting registers and, where relevant, other supporting documents.
Where the certificate referred to in the first paragraph is produced, the inspectors
shall verify a sample covering at least 30% of the invoices or other supporting
documents listed in each of the certificates provided until the time when the on-thespot check is carried out.
[consistency with Horizontal Promotion]
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Article 49
Control related to the operations of restructuring and conversion of vineyards
1.
In order to verify the compliance with the provisions relating to operations of
restructuring and conversion of vineyards foreseen in Article 46 of Regulation (EU)
No 1308/2013, Member States shall make use of the vineyard register.
2.
The control that the grubbing-up as an operation of restructuring and conversion of
vineyard has actually taken place, shall be carried out by an on-the-spot check. In the
case of grubbing-up of the entire vineyard parcel or if the resolution of the remote
sensing is equal to or higher than 1 m², the control may be carried out by remote
sensing.
3.
Areas receiving aid for operations of restructuring and conversion of vineyards shall
be systematically verified before and after the execution of the operations. The
parcels to be checked shall be those for which an application for support has been
submitted.
The control before the operations shall also cover the verification of the existence of
the vineyard concerned, the area planted determined in accordance with Article 51
(area planted) and the exclusion of the case of normal renewal of vineyards as
defined in the second indent of Article 46 of Regulation (EU) No 1308/2013.
The control referred to in the second subparagraph shall be carried out by an on-thespot check. However, if the Member State disposes of a graphical tool or an
equivalent instrument that allows measurement of the area planted in accordance
with Article 51 (area planted) in the computerised vineyard register, and reliable
updated information about the planted grape wine varieties, the control may be
carried out administratively and, consequently, the obligation to carry out an on-thespot check before the execution of the operations may be limited to 5% of the
applications, selected in accordance with Article 42 (selection of the control sample)
of this Regulation, in order to confirm the reliability of the administrative control
system.
Should such an on-the-spot check reveal significant irregularities or discrepancies in
a region or part of a region, the competent authority shall increase the number of onthe-spot checks appropriately during the year concerned.
(ex 81 R 555/2008)
Article 50
Control related to the operations of green harvesting
1.
In relation to the green harvesting measure referred to in Article 47 of Regulation
(EU) No 1308/2013, Member States shall ensure that:
(a)
EN
areas receiving green harvesting support shall be systematically verified on the
spot after the execution;
35
EN
2.
3.
(b)
the parcels checked shall be those which are the subject of an application for
support;
(c)
the measure is carried out correctly by controlling whether a green harvesting
operation is performed successfully.
The control referred to in the first paragraph shall include:
(a)
verification of the existence of the vineyard concerned and whether the given
area has been properly tended;
(b)
that all bunches have been totally removed or destroyed;
(c)
which method has been used;
(d)
each farmer applying for green harvesting aid shall keep evidence of the costs
of the operation.
In order to ensure that no more marketable grapes are left in the supported parcel, all
controls shall take place between 15 June and 31 July of each year and, in any case,
they will be complete by the normal time of Veraison (Baggiolini stage M, BBCH
stage 83) in any given area.
(ex 12.1.d R 555/2008)
Article 51
Area planted
1.
For the purpose of the restructuring and green harvesting measures referred to
respectively in Articles 46 and 47 of Regulation (EU) No 1308/2013, an area planted
with vines is defined by the external perimeter of the vine stocks with the addition of a
buffer whose width corresponds to half of the distance between the rows. The area
planted shall be determined in accordance with Article 38(2) of Implementing
Regulation (EU) No 809/2014.
2.
Where a Member State decides to verify the eligible costs of the operations of
restructuring and green harvesting exclusively on the basis of standard scales of unit
costs based on measurement units different from the surface or of supporting
documents to be submitted by the beneficiaries in compliance with Article 30(2)
[Eligible costs and reimbursement rules for area-based measures] of Delegated
Regulation (EU) No […], the competent authorities may decide not to measure the
area planted as set out in the first paragraph.
(ex 75 R 555/2008 amended – para 2: New)
EN
36
EN
Article 52
Verification of conditions for by-product distillation
1.
In relation to the by-product distillation measure referred to in Article 52 of
Regulation (EU) No 1308/2013, the competent authorities of the Member States shall
take all necessary steps to verify the respect of the conditions and the limit referred to
in Article 28 [Purpose of the aid] of Delegated Regulation (EU) No […] in
conjunction with Article 52(5) of Regulation (EC) No 1308/2013. Member States may
verify the respect of this limit at the level of each producer or at the national level.
2.
Member States which opt for verification at national level shall not include in the
alcohol balance neither the quantities which are not intended for distillation nor those
which are intended for the development of products other than alcohol for industrial
use.
[= ex-Art 25a, 1st part R.555]
Article 53
Entry into force
This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Commission
Jean-Claude Juncker
The President
EN
37
EN
ANNEX I
National Support Programme
Financial years 2014-2018
Member State (*):
Date of submission (**):
Revision number:
Reason: modification requested by the Commission / modification requested by the Member
State (***)
A.
Description of the measures proposed as well as their quantified objectives
(1) (a)
Information in Member States in accordance with point (a) of
Article 45(1) of Regulation (EU) No 1308/2013:
Introduced in the support programme: yes/no - if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no, if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
State aid:
(b)
Promotion on third country market in accordance with point (b)
of Article 45(1) of Regulation (EU) No 1308/2013:
Introduced in the support programme: yes/no - if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
EN
38
EN
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
State aid:
(2)
(a)
Restructuring and conversion of vineyard in accordance with
points (a), (b) and (d) of Article 46(3) of Regulation (EU) No 1308/2013:
Introduced in the support programme: yes/no - if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Application of standard scales of unit costs / contributions in kind: yes/no
- if yes: information on the method of calculation and annual adaptation:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
(b)
Replanting of vineyard for health or phytosanitary reasons in
accordance with point (c) of Article 46(3) of Regulation (EU) No
1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Application of standard scales of unit costs / contributions in kind: yes/no
EN
39
EN
- if yes: information on the method of calculation and annual adaptation:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
(3)
Green harvesting in accordance with Article 47 of Regulation (EU) No
1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Application of standard scales of unit costs / contributions in kind: yes/no
- if yes: information on the method of calculation and annual adaptation:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
(4)
Mutual funds in accordance with Article 48 of Regulation (EU) No
1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
EN
40
EN
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
(5) Harvest insurance in accordance with Article 49 of Regulation (EU) No
1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
State aid:
(6)
Investments in enterprises in accordance with Article 50 of Regulation
(EU) No 1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
State aid:
EN
41
EN
(7)
Innovation in the wine sector in accordance with Article 51 of Regulation
(EU) No 1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed:
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
Demarcation with other Union or national schemes and verification system
implemented to avoid double funding:
(8)
By-product distillation in accordance with Article 52 of Regulation (EU)
No 1308/2013:
Introduced in the support programme: yes/no, if yes:
Description of the measures proposed (including level of the aid):
Proposed strategy:
Quantified objectives:
Beneficiaries:
Application procedure:
Eligibility criteria:
Eligible/non eligible costs:
Priority criteria and respective weighting:
Selection procedure:
Modalities of payment to beneficiaries:
Advances: yes/no - if yes: maximum rate and conditions:
EN
B.
Results of consultations held:
C.
Overall strategy:
D.
Appraisal showing the expected technical, economic, environmental and social
impact:
E.
Schedule for implementing the measures
42
EN
F.
General financing table given in the format of Annex II (revision number to be
specified):
G.
Criteria and other quantitative indicators to be used for monitoring and
evaluation:
H.
Steps taken to ensure that the programme is implemented appropriately and
effectively:
I.
Designation of competent authorities and bodies responsible for implementing
the programme:
J.
Internet site where the national legislation related to the support programme is
publicly available:
(*)
(**)
(***)
EN
Publications Office acronym to be used
Notification deadline: 1 March and 30 June
Strikethrough the wrong element
43
EN
Annex II
Financial Allocation of the National Support Programme (*)
(in 1000 EUR)
Member State (**):
Date of Notification (***):
Date of previous notification:
Number of this amended table:
Reason: modification requested by the Commission / modification requested by the Member State (****)
Financial year
Regulation (EU)
No 1308/2013
(2)
Measures
(1)
1- Promotion
Article 45
2a- Restructuring and
conversion of
vineyards
Article
46(3)(a),(b),(d)
2b- Replanting of
vineyards for health or
phytosanitary reasons
Article 46(3)(c)
3- Green harvesting
Article 47
4- Mutual funds
Article 48
5- Harvest insurance
Article 49
6- Investments in
enterprise
Article 50
7- Innovation
Article 51
8- By-products
distillation
Article 52
TOTAL
(3)
2014
2015
2016
2017
2018
Total
(4)
(5)
(6)
(7)
(8)
(9)
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
Previous
submission
Amended
amount
EN
44
EN
(*)
The amounts also include the expenses of actions launched in the framework of the first five-year
programme 2009-2013 and for which payments is done in the second five-year programme 2014-2018
(**)
Publications Office acronym to be used
(***) Notification deadline: 30 June
(****) Strikethrough the wrong element
EN
45
EN
ANNEX III
Reporting on the Implementation of the National Support Programme
Financial year:
Date of submission:
Revision number:
Member State (*):
A.
Global assessment:
B.
Conditions and results of the implementation of measures proposed
(**)
(1) (a) Information in Member States in accordance with point (a) of Article
45(1) Regulation (EU) No 1308/2013:
Conditions of the implementation:
Results (***)
Realisation of the objectives set in the support programme:
State aid:
(b) Promotion on third country markets in accordance with point (b) of
Article 45(1) of Regulation (EU) No 1308/2013:
Conditions of the implementation:
Results(***)
Volume of exports per destination in hl:
Evolution of the part of MS wines on the foreign markets per target market:
Volume of exports per destination in hl
Value of exports per destination in EUR
Realisation of the objectives set in the support programme:
State aid:
(2)
(a) Restructuring and conversion of vineyard in accordance with points
(a), (b) and (d) of Article 46(3) of Regulation (EU) No 1308/2013:
Conditions of the implementation:
Results:
(b) Replanting of vineyard for health or phytosanitary reasons in
accordance with point (c) of Article 46(3) of Regulation (EU) No
1308/2013:
EN
46
EN
Conditions of the implementation:
Results:
Realisation of the objectives set in the support programme:
(3)
Green harvesting in accordance with Article 47 of Regulation (EU) No
1308/2013:
Conditions of the implementation:
Results, including evolution of stocks:
Realisation of the objectives set in the support programme:
(4)
Mutual funds in accordance with Article 48 of Regulation (EU) No
1308/2013:
Conditions of the implementation:
Results:
Realisation of the objectives set in the support programme:
(5)
Harvest insurance in accordance with Article 49 of Regulation (EU) No
1308/2013:
Conditions of the implementation:
Results:
Number of hectares insured in the wine sector compared to other agricultural
lands:
Type of insurance financed:
Expenditure by type of insurance:
Number of beneficiaries by type of insurance:
Realisation of the objectives set in the support programme:
State aid:
(6)
Investments in enterprises in accordance with Article 50 of Regulation
(EU) No 1308/2013:
Conditions of the implementation:
Results:
Realisation of the objectives set in the support programme:
State aid:
EN
47
EN
(7)
Innovation in accordance with Article 51 of Regulation (EU) No
1308/2013:
Conditions of the implementation:
Results:
Realisation of the objectives set in the support programme:
(8)
By-product distillation in accordance with Article 52 of Regulation (EU)
No 1308/2013:
Conditions of the implementation (including level of the aid):
Results:
Realisation of the objectives set in the support programme:
C.
Conclusions (and, if needed, envisaged modifications)
_______________________________________________________________________
(*)
(**)
(***)
EN
Publications Office acronym to be used
Only paragraphs concerning the measures which were introduced in the support programme must be
filled in
Appraisal of the technical, economic, environmental and social impact based on criteria and quantitative
indicators defined for monitoring and evaluation in the programme submitted
48
EN
ANNEX IV
Technical Data concerning the National Support Programme (*)
(financial amounts in EUR 1000)
Member State (**):
Date of notification (***):
Date of previous notification:
Number of this amended table:
Financial Year
Measures
Regulation
(EU) No
1308/2013
(1)
(2)
(3)
2014
2015
2016
2017
2018
2014-2018
Execution/
Forecast
Execution/
Forecast
Execution/
Forecast
Execution/
Forecast
Execution/
Forecast
Total
Execution
+ Forecast
(4)
(5)
6)
(7)
(8)
(9)
Total Union
expenditure
Total expenditure
of beneficiaries
1a - Information in
Member States
Article
45(1)(a)
Number of
beneficiaries
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
EN
49
EN
Total amount of
State aid
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
1b - Promotion on
third country markets
Article
45(1)(b)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total amount of
State aid
Total Union
expenditure
Total expenditure
of beneficiaries
2. - Restructuring and
conversion
of
vineyards
Article 46
Number of
beneficiaries
Average Union
contribution per
beneficiary
Number of
operations
EN
50
EN
Average Union
contribution per
operation
Total area covered
(ha)
Average Union
contribution
(EUR/ha)
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
2.a.
Varietal
conversion, including
by means of graftingon
Article
46(3)(a)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total area covered
(ha)
Average Union
contribution
(EUR/ha)
2.b. - Relocation of
vineyards
Article
46(3)(b)
Total Union
expenditure
Total expenditure
of beneficiaries
EN
51
EN
Number of
beneficiaries
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total area covered
(ha)
Average Union
contribution
(EUR/ha)
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
2.c. - Replanting of
vineyards for health
or
phytosanitary
reasons
Article
46(3)(c)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total area covered
(ha)
EN
52
EN
Average Union
contribution
(EUR/ha)
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
2.d. - Improvements
to
vineyard
management
techiques
Article
46(3)(d)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total area covered
(ha)
Average Union
contribution
(EUR/ha)
Total Union
expenditure
Total expenditure
of beneficiaries
3 - Green harvesting
Article 47
Number of
beneficiaries
Average Union
contribution per
beneficiary
EN
53
EN
Number of
operations
Average Union
contribution per
operations
Total area covered
(ha)
Average Union
contribution
(EUR/ha)
Total Union
Expenditure
4 - Mutual funds
Article 48
Number of new
Funds
Average Union
contribution per
Fund
Total Union
Expenditure
Number of
beneficiaries
Average Union
contribution per
beneficiary
5 - Harvest insurance
Article 49
Number of
financed
insurance policies
Average Union
contribution per
insurance policy
Total amount of
State Aid
EN
54
EN
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
6.a - Investments in
enterprise
Article 50
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total amount of
State Aid
Total Union
expenditure
Total expenditure
of beneficiaries
6.b - Investments in
enterprise in
convergence regions
Number of
beneficiaries
Article
50(4)(a)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
EN
55
EN
Total amount of
State Aid
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
6.c - Investments in
enterprise in other
than
convergence
regions
Article
50(4)(b)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total amount of
State Aid
Total Union
expenditure
Total expenditure
of beneficiaries
6.d - Investments in
enterprise
in
outermost regions
Article
50(4)(c)
Number of
beneficiaries
Average Union
contribution per
beneficiary
Number of
operations
EN
56
EN
Average Union
contribution per
operation
Total amount of
State Aid
Total Union
expenditure
Total expenditure
of beneficiaries
Number of
beneficiaries
6.e - Investments in
enterprise in small
Aegean
Islands
regions
Article
50(4)(d)
Average Union
contribution per
beneficiary
Number of
operations
Average Union
contribution per
operation
Total amount of
State Aid
Total Union
expenditure
Total expenditure
of beneficiaries
7 - Innovation
Article 51
Number of
beneficiaries
Average Union
contribution per
beneficiary
EN
57
EN
Number of
operations
Average Union
contribution per
operation
Total Union
expenditure
Number of
beneficiaries
(distilleries)
Average Union
contribution per
beneficiary
Number of
hectares
concerned
8
By-products
distillation
Article 52
Lees: Range of
max aid
(EUR/%vol/hl)
Marcs: Range of
max aid
(EUR/%vol/Ton
Hl of Lees
distilled
Ton of marcs
distilled
Mio hl alcohol
obtained
Average Union
contribution/Hl
alc obtained
EN
58
EN
(*)
(**)
(***)
EN
Insert execution data for financial years already incurred and forecast data for the current financial year and those to come
Publications Office acronym to be used
Notification deadline: 1 March
59
EN
Annex V
Notification on the Promotion measure
Financial years 2014-2018:
1. Information in Member States
Member State:
Forecasts/ execution (*)
Date of submission (**):
Date of previous notification:
Number of this amended table:
Beneficiaries
(1)
Eligible measure
(Article 45(1)(a) of
Regulation (EU) No
1308/2013)
(2)
Description(***)
Targeted market
Period
Eligible
expenditure
(EUR)
(3)
(4)
(5)
(6)
of which Union
contribution
(EUR)
(7)
of which other
public support if
any
(EUR)
(8)
…
–
EN
60
EN
2. Promotion in third countries
Member State:
Forecasts/ execution (*)
Date of submission (**):
Date of previous notification:
Number of this amended table:
Beneficiaries
(1)
Eligible measure
(Article 45(1)(b) of
Regulation (EU)
No 1308/2013)
(2)
Description(***)
Targeted market
Period
Eligible
expenditure
(EUR)
(3)
(4)
(5)
(6)
of which Union
contribution
(EUR)
(7)
of which other
public support if
any
(EUR)
(8)
…
(*)
(**)
(***)
EN
Strikethrough the wrong element
Notification deadline: every 1 March
Including if the promotion measure is organised in cooperation with one or more other Member States
61
EN
Annex VI
Annual Report on Controls carried out
Financial year:
Member State (*):
Date of submission (**):
Measure (***):
1. Number of controls
Paying
Agency
Name
of the
Unit
(1)
Total
Amount of
Aid
Allocated
(Budget)
Total
Amount
of Aid
Claimed
Total Amount of Aid
Paid
Number of
Units Paid
(1)
Total
Number of
aid
applications
submitted
Total
Number of
aid
applications
paid
Total
Number of
beneficiaries
CONTROLS
Regulation (EU) No 1306/2013 (and this Regulation)
Checks on the spot (4) under Art 59 - 2
Administrative checks Art 59 - 1
Sample: risk selection (4)
(Advance
payments)
(Final
payments)
Total Number
of aid
applications
controlled
Total amount
of the aid
applications
controlled
Sample: random selection (4)
Number of aid
applications
subject to a
risk-based
OTSC
Amount of aid
claimed and
subject to a
risk-based
OTSC
Number of
aid
applications
subject to a
random
OTSC
Amount of
aid claimed
and subject
to a random
OTSC
EUR
EUR
EUR
EUR
number
number
number
number
number
EUR
number
EUR
number
EUR
A
B
C
D
E
F
G
H
I
J
K
L
M
N
PA_1
PA_2
…
EN
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2. Results of controls
Paying
Agency
RESULTS OF THE CONTROLS
Administrative checks
Amount of Aid Reduction Regulation (EU) No
1306/2013
Checks on the spot
N° of aid applications with
irregularities
Number of aid
applications with
irregularities (2)
detected by
administrative
check
Amount of
irregularities
detected by
administrative
check (3)
Error rate by
amount
number
EUR
O
P
Art 64
Error rate
Amount of irregularities
From
administrative
checks
From on-the-spot
checks
Total aid reduction
from administrative
and on-the-spot checks
%
EUR
EUR
EUR
W=U/N
X=P
Y=T+U
α=X+Y
Detected on
risk-based
sample
Detected on
random based
sample
Detected on
risk-based
sample
Detected on
random based
sample
Risk
Random
%
number
number
EUR
EUR
%
Q=P/J
R
S
T
U
V=T/L
PA_1
PA_2
…
(*)
Publications Office acronym to be used
(**)
Notification deadline: 1 February
(***) One notification to be filled in for each measure of the Support Programme
(1) The term Units is intended as the number of operations, hectares, tons, litres, etc. according to the measure/action/subaction as appropiate
(2) The term "irregularity" is intended in this context to include any finding, anomaly or divergences leading to a change in the amount paid, or which would have been paid before
application of sanctions
(3) • If the administrative check detects an irregularity, and the same aid claim is also the subject of an OTSC which finds no further irregularity, the irregularity should be attributed to the aministrative check.
• If an administrative check detects a suspected irregularity, and an OTSC is then scheduled in order to investigate further, and the OTSC confirms the suspected irregularity, it should be attributed to the administrative check.
• If an administrative check detects an irregularity, and an OTSC on the same aid claim finds an additional irregularity, the two irregularities should be counted separately.
(4) In case of 100% controls please report everything under "risk-based" OTSC
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Annex VII
Information on State Aids
on State Aids already authorized under Articles 107, 108 and 109 of the Treaty, on State Aids exempted from any notification obligation or on the use
of a de minimis scheme (*)
Member State (**):
Region(s) concerned (if applicable):
Date of submission (***):
Measure code
Name of the aid measure
Legal basis of the measure
Duration of the aid measure
Indicate respectively:
for measures covered by a de minimis Regulation: 'Any aid granted under this measure will be in conformity with the de minimis Regulation (EU) No
1408/2013 (primary production) or Regulation (EU) No 1407/2013 (processing and marketing of agricultural products)' (****);
for authorized aids: reference to Commission State Aid approval decision, including State Aid number (SA number) and references of approval letter;
for aids exempted from notification: reference to the individual Block Exemption Regulation (i.e. either Regulation (EU) No 702/2014 or Commission
Regulation (EU) No 651/2014) and the registration number (SA number).
(*)
(**)
(***)
(****)
EN
Notification referred to in Article 34(1) (Notification related to State aid) of this Regulation
OP acronym to be used
Notification deadline: every 1 March
Please indicate which Regulation is applicable
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