Article 1 — Amendments to Regulation (EU) No 1308/2013

Regulation (EU) No 1308/2013 is amended as follows: (1) in Article 3(5), the following point is added: (c) Green harvesting means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero, and excluding non-harvesting comprising of leaving commercial grapes on the plants at the end of the normal production cycle. ; (2) Article 61 is replaced by the following: Article 61 Duration The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016, with a review to be undertaken by the Commission in 2028 and every ten years thereafter to evaluate the operation of the scheme. The Commission may, if appropriate, make proposals. ; (3) Article 62 is amended as follows: (a) paragraph 3 is replaced by the following: 3. Authorisations granted in accordance with Article 64 shall be valid until the last day of the third marketing year following the marketing year in which they were granted. A producer who has not used an authorisation granted in accordance with Articles 64 and 68 during its period of validity shall be subject to the administrative penalties referred to in Article 90a(4). By way of derogation from the first subparagraph of this paragraph, producers who hold a valid authorisation granted in accordance with Articles 64 and 68 before 1 January 2025 shall not be subject to the administrative penalties referred to in Article 90a(4) provided that they inform the competent authorities before the date of expiry of their authorisation, and at the latest by 31 December 2026, that they do not intend to make use of it. Where a well-determined area is gravely affected by one or both of the cases of force majeure or exceptional circumstances referred to in Article 3(1), points (a) and (c), of Regulation (EU) 2021/2116, the Member State concerned may extend the validity of the authorisations granted in accordance with Article 64 of this Regulation to be used in that area that are due to expire by the end of the marketing year in which one or both of those cases of force majeure or exceptional circumstances occur by up to twelve months. Planting authorisations may be extended under this subparagraph only once. The Member State concerned shall inform the holders of every authorisation concerned that its validity has been extended. Where, by 31 December of the marketing year following the one in which one or both of the cases of force majeure or exceptional circumstances occurred, the holder of a planting authorisation informs the competent authorities of the Member State that it renounces the authorisation, the administrative penalties provided for in the first subparagraph shall not apply. By way of derogation from the first subparagraph, the competent authorities of the Member State concerned may waive the administrative penalties provided for in Article 90a(4) of this Regulation upon a justified request from the holder of a planting authorisation granted in accordance with Articles 64 and 68 of this Regulation affected by a case of force majeure or exceptional circumstances referred to in Article 3(1) of Regulation (EU) 2021/2116. Authorisations granted in accordance with Article 66 on or after 18 March 2026 and authorisations granted in accordance with that Article which are valid on that day shall be valid until the last day of the eighth marketing year following the marketing year in which they were granted. Producers who have not used an authorisation granted in accordance with Article 66 during its period of validity shall not be subject to the administrative penalties referred to in Article 90a(4). Authorisations covered by the transitional provisions of Article 68 shall expire on the last day of the last marketing year of their validity. ; (b) the following paragraph is added: 6. Member States may require abandoned vineyards to be grubbed up for health and phytosanitary reasons. ; (4) Article 63 is amended as follows: (a) paragraph 2 is replaced by the following: 2. Member States may: (a) apply at national level a lower percentage than the percentage set out in paragraph 1; (b) limit the issuing of authorisations, or not issue authorisations, for new plantings at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication; (c) limit the issuing of authorisations, or not issue authorisations, for new plantings at regional level, for specific areas or for vines producing specific types of wine, where national or Union measures concerning distillation of wine, green harvesting or grubbing up have been implemented in justified cases of crisis. Member States that limit the issuing of authorisations for new plantings at regional level in accordance with the first subparagraph, point (b) or (c), may require such authorisations to be used in the regions concerned. ; (b) paragraph 3 is amended as follows: (i) the introductory sentence is replaced by the following: 3. Any of the limitations referred to in paragraph 2 that are applied shall contribute to the management of the production potential. They shall be justified on one or more of the following specific grounds: ; (ii) points (a) and (b) are replaced by the following: (a) the need to avoid a demonstrated risk of oversupply of wine products in relation to market prospects for those products, where the limitations do not exceed what is necessary to satisfy that need; (b) the need to avoid a demonstrated risk of significant devaluation or improper use by third parties seeking to profit from the reputation of a particular protected designation of origin or a protected geographical indication; ; (5) Article 64 is amended as follows: (a) in paragraph 1, the following point is added: (e) in regions where the Member State has decided to limit the granting of new planting authorisations pursuant to Article 63(2), point (c), the applicant shall comply with the eligibility criteria established for the purpose of avoiding excessive yields in the new vineyards to be planted. ; (b) in paragraph 2, point (g) is replaced by the following: (g) projects with the potential to improve products with geographical indications or their quality; ; (6) in Article 65, the first paragraph is replaced by the following: When applying Article 63(2), a Member State may take into account recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157 of this Regulation, by producer groups referred to in Articles 32 and 33 of Regulation (EU) 2024/1143 or by other types of professional organisations recognised on the basis of that Member State’s legislation, provided that those recommendations are preceded by an agreement entered into by the relevant representative parties in the reference geographical area. ; (7) Article 66 is amended as follows: (a) in paragraph 1, the following subparagraph is added: By way of derogation from the first subparagraph, producers who have grubbed up an area planted with vines in accordance with Article 216(1) of this Regulation or Article 58(1), first subparagraph, point (o), of Regulation (EU) 2021/2115 shall not be entitled to apply for and to receive a replanting authorisation for that area. ; (b) paragraph 3 is replaced by the following: 3. The authorisation referred to in paragraph 1 of this Article shall be used on the same holding on which the grubbing up was undertaken. Member States may, on the basis of a recommendation from a recognised professional organisation referred to in Articles 152, 156 and 157 of this Regulation or a producer group referred to in Articles 32 and 33 of Regulation (EU) 2024/1143, restrict in areas eligible for the production of wines with protected designation of origin or protected geographical indications the use of replanting authorisations resulting from the grubbing up of vineyards outside that area. ; (c) the following paragraph is inserted: 3a. A Member State may make its granting of the replanting authorisations referred to in paragraph 1 subject to one or more of the following conditions: (a) the authorisation shall be used in the same geographical area, defined by the Member State, in which the relevant grubbed up vines were located, where maintaining viticulture in that geographical area is justified by socio-economic or environmental reasons; (b) only vines producing specific types of wine and production methods not identified by the Member State as significantly increasing the average yield of the production region, or only production methods traditional to that region shall be used where the relevant grubbed up area is located in a production region that the Member State has qualified as affected by a structural market imbalance; (c) the authorisation shall not be used in a different production region from the one in which the grubbed up area is located where the Member State has qualified that different production region as affected by a structural market imbalance; (d) Member States may set criteria for the allocation and management of replanting authorisations in order to avoid increasing vineyard areas and wine production in regions prone to oversupply in which crisis measures have been applied, as well as in order to take account of market developments, in accordance with their national or regional sectorial strategies. The conditions referred to in points (b), (c) and (d) of the second subparagraph shall not apply to replanting authorisations in areas characterised by the exceptional difficulty of cultivation due to structural and morphological factors referred to in Part D of Annex II to Commission Delegated Regulation (EU) 2018/273. (8) Article 67 is replaced by the following: Article 67 De minimis The scheme of authorisations for vine plantings established in this Chapter shall not apply in Member States where the vineyard area has not exceeded 10000 ha in at least three of the previous five marketing years unless the Member State decides to implement the scheme of authorisations. Where the condition of the area not exceeding 10000 ha is no longer fulfilled, the scheme of authorisations for vine plantings shall apply as from the beginning of the marketing year following that in which the condition ceased to be fulfilled. ; (9) Article 69 is replaced by the following: Article 69 Delegated powers The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplement this Regulation by laying down additional rules concerning: (a) the conditions for the application of the exemption, referred to in Article 62(4); (b) the conditions for the grubbing up of abandoned vineyards, referred to in Article 62(6); (c) the rules relating to the criteria, referred to in Article 64(1) and (2); (d) the co-existence of vines that the producer has undertaken to grub up with newly planted vines pursuant to Article 66(2); (e) the grounds for Member State decisions under Article 66(3) and (3a). The Commission is empowered to adopt delegated acts in accordance with Article 227 to amend this Regulation by adding additional criteria to those listed in Article 64(1) and (2). ; (10) Article 119 is amended as follows: (a) paragraph 1 is amended as follows: (i) point (a) is replaced by the following: (a) the designation for the category of the grapevine product in accordance with Part II of Annex VII. For grapevine product categories defined under Part II, point (1) and points (4) to (9) of Annex VII, where a de-alcoholisation treatment in accordance with Part I, Section E of Annex VIII, has been applied to the totality or to part of the product, that designation supplemented by: (i) the term alcohol-free if the actual alcoholic strength of the product does not exceed 0,5 % by volume; accompanied by the expression 0,0 %, if the actual alcoholic strength of the product does not exceed 0,05 % by volume; (ii) the term reduced alcohol if the actual alcoholic strength of the product is above 0,5 % by volume and is at least 30 % below the minimum actual alcoholic strength of the products in the category before de-alcoholisation; ; (ii) the following point is added: (k) for grapevine products where a de-alcoholisation treatment has been applied to the totality or to part of the product, the term produced by de-alcoholisation. ; (iii) the following subparagraph is added: The obligation to indicate the compulsory particulars on any given packaging applies only once in respect of that packaging. ; (b) the following paragraph is added: 6. By way of derogation from paragraph 1, first subparagraph, the requirement to indicate the particulars referred to in points (h) and (i) shall not apply in the case of wine products solely intended for export. ; (11) in Article 122, paragraph 1 is amended as follows: (a) in point (c), point (iii) is replaced by the following: (iii) terms referring to a holding, the conditions for their use and their relationship with trademarks and commercial names. ; (b) in point (d), the following points are added: (v) the identification on the package or on the label attached thereto of the electronic means referred to in Article 119(4) and (5), including by means of a common pictogram or symbol instead of words; (vi) the form and layout of the information provided by electronic means, to simplify its presentation, to adapt it to future technological progress and to new requirements concerning compulsory information relevant to consumers as provided for by Union law or national legislation, or to improve consumer accessibility. ; (12) in Article 167(1), the first subparagraph is replaced by the following: 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producing Member States may lay down marketing rules to regulate supply, including the setting of maximum yields and setting rules for the management of stocks. Member States may take into account, in decreasing order of priority, decisions adopted by interbranch organisations recognised under Articles 157 and 158 of this Regulation, producer groups referred to in Articles 32 and 33 of Regulation (EU) 2024/1143, and producer organisations recognised under Articles 152 and 154 of this Regulation, where such organisations and groups are considered to be representative of the wine sector in accordance with Article 164(3) and Article 166a(2) of this Regulation, in the economic area or areas where the rules are intended to be applied. ; (13) Article 172b is replaced by the following: Article 172b Guidance by interbranch organisations and producer groups for the sale of grapes, musts and wines in bulk with a protected designation of origin or protected geographical indication 1. By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation and recognised producer groups referred to in Article 33 of Regulation (EU) 2024/1143 operating in the wine sector, where such organisations and groups are considered to be representative in accordance with Article 164(3) and Article 166a(2) of this Regulation in the relevant geographical area, may provide non-mandatory price guidance indicators concerning the sale of grapes, musts and wines in bulk for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question. 2. The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, in future, one or more of the price guidance indicators referred to in paragraph 1 of this Article are to be modified, discontinued or not provided at all if it considers that this is necessary in order to prevent competition being eliminated in respect of a substantial proportion of the products in question or if it considers that the objectives set out in Article 39 TFEU are jeopardised. When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption. The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned. ; (14) Article 216 is amended as follows: (a) the title is replaced by the following: National payments for distillation of wine, green harvesting and grubbing up in justified cases of crisis ; (b) paragraph 1 is replaced by the following: 1. Member States may make national payments to wine producers for the voluntary or mandatory distillation of wine, voluntary green harvesting and voluntary grubbing up of productive vineyards in justified cases of crisis. The payments referred to in the first subparagraph in respect of crisis distillation and green harvesting shall not exceed the sum of the cost of the operation concerned, of an incentive to engage in such operation and, where relevant, of the cost of the product, and shall be sufficient to enable the crisis to be addressed. The payments referred to in the first subparagraph in respect of grubbing up of productive vineyards shall not exceed the sum of the direct cost of carrying out the grubbing up and financial compensation, which may cover up to 100 % of the estimated loss of revenue for one year in respect of the grubbed up area. Those payments shall be proportionate and shall be sufficient to enable the crisis to be addressed. The overall amount of payments available in a Member State in any given year for national payments for distillation and green harvesting shall not exceed 25 % of the globally available funds per Member State for that year as laid down in Annex VII to Regulation (EU) 2021/2115. ; (c) paragraph 2 is replaced by the following: 2. Member States wishing to make use of the national payments referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. In those notifications, Member States shall justify the appropriateness of the measure, its duration and the amounts of support and other detailed arrangements on the basis of their specific market circumstances and those of the wine regions in which the measure would be implemented. The Commission shall decide, without applying the committee procedure referred to in Article 229(2) or (3), whether the amount, duration and other detailed arrangements of the measure are approved and whether the payments to wine producers can be made. Beneficiaries of national payments for grubbing up under this Article shall not be eligible to apply for new planting authorisations in accordance with Article 64 during the 10 marketing years following the one in which the grubbing up took place. Any valid authorisation for new plantings held by such beneficiaries shall be revoked by the Member State when the application for grubbing up is approved. Member States may exclude from the payments for grubbing up areas where vineyards play an important environmental, landscape preservation or socioeconomic role. In the production areas and for the types of wines for which one of the measures referred to in paragraph 1 of this Article has been implemented for three consecutive years, the Member State concerned shall suspend the granting of new planting authorisations in accordance with Article 64 until the end of the second marketing year following the last marketing year in which the measure was applied. Member States may establish eligibility conditions and priority criteria in order to guarantee the effectiveness and targeting of the measure. ; (d) paragraph 4 is replaced by the following: 4. The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplement this Article by laying down rules concerning: (a) the general conditions of eligibility and the priority criteria to be set by Member States in respect to the allocation of the national payments referred to in paragraph 1 of this Article; (b) elements that determine the existence of a crisis situation; (c) the calculation method for the national payments; and (d) the coherence of such national payments with other Union support measures for the wine sector within the CAP, including the eligibility of beneficiaries or of the production regions covered by these national payments to other Union support measures. ; (15) in Part II of Annex VII, the following subparagraphs are added to the introductory wording: Grapevine products of the categories set out in points (4) and (8) may be obtained by second fermentation of de-alcoholised or partially de-alcoholised wines referred to in point (1). Grapevine products of the categories set out in points (7) and (9) may be obtained by the addition of carbon dioxide to de-alcoholised or partially de-alcoholised wines referred to in point (1)..