Article 3 — Amendments to Regulation (EU) 2021/2115

Regulation (EU) 2021/2115 is amended as follows: (1) in Article 45, point (d) is replaced by the following: (d) the maximum level of Union financial assistance for the types of intervention referred to in Article 47(2), points (a), (c), (f), (g), (h) and (i), and for the types of intervention referred to in Article 58(1), first subparagraph, points (c), (d), (l), (n) and (o), including packaging and transport rates for products withdrawn for free distribution and processing costs prior to delivery for that purpose; ; (2) Article 58(1) is amended as follows: (a) the first subparagraph is amended as follows: (i) in point (a), point (i) is replaced by the following: (i) varietal conversions, also by means of grafting-on, including for improving quality or environmental sustainability, for reasons of adaptation to climate change, increasing the climate resilience of vines, or for the enhancement of genetic diversity; ; (ii) point (b) is replaced by the following: (b) investments in tangible assets and intangible assets in winegrowing farming systems, excluding operations relevant to the type of intervention provided for in point (a), in processing facilities and winery infrastructure, as well as in marketing structures and tools, including marketing through wine tourism; ; (iii) point (f) is replaced by the following: (f) advisory services, in particular concerning the conditions of employment, employer obligations and occupational health and safety, direct sales, environmental sustainability and diversification from wine production; ; (iv) point (i) is replaced by the following: (i) actions aimed at enhancing the reputation of Union vineyards by promoting wine tourism in production regions undertaken by organisations operating in the wine sector referred to in Articles 152, 156 and 157 of Regulation (EU) No 1308/2013, by producer groups managing protected designations of origin and protected geographical indications in accordance with Articles 32 and 33 of Regulation (EU) 2024/1143 of the European Parliament and of the Council, or any other professional organisations, wine producer organisations or associations of wine producer organisations established by Member States in their CAP Strategic Plans; (v) the following points are added: (n) monitoring, diagnostic, training, communication and research to prevent the spread of relevant pests referred to in Part B of Annex II and Part C of Annex IV to Commission Implementing Regulation (EU) 2019/2072 undertaken by producer organisations recognised under Articles 152 and 154 of Regulation (EU) No 1308/2013, interbranch organisations recognised by Member States under Articles 157 and 158 of that Regulation, or producer groups managing protected designation of origin and protected geographical indicators in accordance with Articles 32 and 33 of Regulation (EU) 2024/1143; (o) permanent grubbing up of productive vineyards, meaning the complete elimination of vine stocks on a relevant area. (b) the following subparagraph is inserted after the first subparagraph: For the purposes of the first subparagraph, point (a), Member States may lay down in their CAP Strategic Plans specific agronomic, viticultural or any other kind of conditions which ensure that varietal conversion, relocation of the vineyard, replanting of the vineyard or improvement of the vineyard management techniques undertaken under this type of intervention does not generate an increase in yield in the vineyard to be replanted. ; (c) the second subparagraph is replaced by the following: The first subparagraph, point (k), shall apply only to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. Promotion and communication operations under the first subparagraph, point (k), shall have a limited duration of three years. Member States may decide to extend the duration of an operation twice for a maximum of three years for each extension. Each beneficiary may receive support for different operations carried out in the same market under the types of intervention referred to in the first subparagraph, point (k), for a maximum period of nine consecutive years. For the purposes of the first subparagraph, point (k), a Member State may consider the promotion and communication operations carried out in a third country to be those that cover the entire territory of the third country, an administrative part of that territory, or a type of market, as defined by that Member State, in the third country. Member States that choose in their CAP Strategic Plans the types of intervention referred to in the first subparagraph, point (k), shall ensure that small producers have access to funding under those types of intervention by applying relevant measures such as establishing simplified procedures or setting objective and non-discriminatory priority criteria on new beneficiaries, new markets, and new products. ; (d) the following subparagraph is added: For the purposes of the first subparagraph, point (o), producers who have grubbed up productive vineyards under this Article shall not be entitled to apply for new planting authorisations under Article 64 of Regulation (EU) No 1308/2013 during the 10 marketing years following the one in which the grubbing up took place. Where such producers hold valid authorisations for new plantings, such authorisations shall be revoked by the Member State when the application for support of grubbing up is approved. Member States may exclude from the scope of this type of intervention areas where vineyards play an important environmental, landscape preservation or socio-economic role. ; (3) Article 59 is amended as follows: (a) in paragraph 1, the following subparagraph is added: By way of derogation from the first and second subparagraphs of this paragraph, the Union financial assistance may cover up to 80 % of the actual costs of restructuring and conversion of vineyards if the intervention is linked to the objective of contributing to climate change adaptation set out in Article 57, point (b). ; (b) paragraph 2 is replaced by the following: 2. The Union financial assistance for investments referred to in Article 58(1), first subparagraph, point (b), shall not exceed: (a) 50 % of eligible investment costs in less developed regions; (b) 40 % of eligible investments costs in regions other than less developed regions; (c) 75 % of eligible investment costs in the outermost regions; (d) 65 % of eligible investment costs in the smaller Aegean islands. The Union financial assistance at the maximum rate set out in the first subparagraph shall only be granted to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC and to producer organisations recognised under Regulation (EU) No 1308/2013. However, it may be granted to all enterprises in the outermost regions and in the smaller Aegean islands. For enterprises, other than producer organisations recognised under Regulation (EU) No 1308/2013, which are not covered by Article 2(1) of the Annex to Recommendation 2003/361/EC, with fewer than 750 employees or with an annual turnover of less than EUR 200 million, the maximum levels of Union financial assistance set out in the first subparagraph of this paragraph shall be halved. By way of derogation from the first subparagraph of this paragraph, the Union financial assistance for investments referred to in Article 58(1), first subparagraph, point (b), may be increased to up to 80 % of eligible investment costs for investments linked to the objective of contributing to climate change mitigation and adaptation and to the improvement of the sustainability of production systems and the reduction of the environmental impact of the Union wine sector set out in Article 57, point (b). No Union financial assistance shall be granted to enterprises in difficulty within the meaning of the Commission Communication entitled Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty. (c) in paragraph 3, the following subparagraph is added: The Union financial assistance for permanent grubbing up referred to in Article 58(1), first subparagraph, point (o), shall not exceed 70 % of the sum of the direct costs of carrying out the grubbing up and of the estimated loss of revenue for one year in respect of the grubbed up area. In addition, Member States may provide a national contribution to the intervention of up to 30 % of the sum of the direct costs of carrying out the grubbing up and the estimated loss of revenue for one year in respect of the grubbed up area. ; (d) in paragraph 4, the following subparagraph is added: However, the Union financial assistance for investments referred to in Article 58(1), first subparagraph, point (m), may be increased to up to 80 % of eligible investment costs for investments linked to the objective of contributing to climate change mitigation and adaptation and to the improvement of the sustainability of production systems and the reduction of the environmental impact of the Union wine sector set out in Article 57, point (b). ; (e) paragraph 6 is replaced by the following: 6. The Union financial assistance for innovation referred to in Article 58(1), first subparagraph, point (e), shall not exceed: (a) 50 % of eligible investment costs in less developed regions; (b) 40 % of eligible investment costs in regions other than less developed regions; (c) 80 % of eligible investment costs in the outermost regions; (d) 65 % of eligible investment costs in the smaller Aegean islands. The Union financial assistance at the maximum rate set out in the first subparagraph shall only be granted to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC and to producer organisations recognised under Regulation (EU) No 1308/2013. However, it may be granted to all enterprises in the outermost regions and in the smaller Aegean islands. For enterprises, other than producer organisations recognised under Regulation (EU) No 1308/2013, which are not covered by Article 2(1) of the Annex to Recommendation 2003/361/EC, with fewer than 750 employees or with an annual turnover of less than EUR 200 million, the maximum levels of Union financial assistance set out in the first subparagraph of this paragraph shall be halved. By way of derogation from the first subparagraph of this paragraph, the Union financial assistance for investments referred to in Article 58(1), first subparagraph, point (e), may be increased to up to 80 % of eligible investment costs for investments linked to the objective of contributing to climate change mitigation and adaptation and to the improvement of the sustainability of production systems and the reduction of the environmental impact of the Union wine sector set out in Article 57, point (b). No Union financial assistance shall be granted to enterprises in difficulty within the meaning of the Commission Communication entitled Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty. ; (f) the following paragraph is inserted: 6a. The Union financial assistance for advisory services referred to in Article 58(1), first subparagraph, point (f), may cover up to 50 % of the eligible expenditure. ; (g) paragraph 7 is replaced by the following: 7. The Union financial assistance for information actions and promotion and communication operations referred to in Article 58(1), first subparagraph, points (h) and (k), shall not exceed 60 % of the eligible expenditure. In addition, the Member States referred to in Article 88(1) may provide a national contribution to the types of intervention referred to in the first subparagraph of up to 20 % of the eligible expenditure. For micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC active in the wine sector, Member States may provide a national contribution of up to 30 % of the eligible expenditure. ; (h) the following paragraph is inserted: 7a. The Union financial assistance for actions referred to in Article 58(1), first subparagraph, point (n), against pests referred to in Part B of Annex II and Part C of Annex IV to Commission Implementing Regulation (EU) 2019/2072, may cover up to 100 % of the eligible costs..