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GlüStV. Inhaltsübersicht (redaktionell); Erster Abschnitt Allgemeine Vorschriften ( §§ ); Zweiter Abschnitt Aufgaben des Staates (§§ ); Dritter Abschnitt. 5. Jan. Der Beitrag geht den Fragen nach, wie sich das Glücksspielrecht gegenwärtig gestaltet und inwiefern der Glücksspielstaatsvertrag 5. Jan. Der Beitrag geht den Fragen nach, wie sich das Glücksspielrecht gegenwärtig gestaltet und inwiefern der Glücksspielstaatsvertrag
glücksspielstaatsvertrag -Mehrfachkonzessionen sind ebenso verboten. Änderungen der Spielverordnung Best Ager - Für Senioren und Angehörige. Ferienimmobilien legen sich die Deutschen am liebsten im eigenen Land zu. Entwurf der Sechsten Verordnung zur Änderung der Spielverordnung Der Staatsvertrag zum Glücksspielwesen in Deutschland kurz Glücksspielstaatsvertrag oder GlüStV ist ein Staatsvertrag zwischen allen 16 deutschen Bundesländern , der bundeseinheitliche Rahmenbedingungen für die Veranstaltung von Glücksspielen schuf. Spielhallengesetz Berlin - SpielhG Bln Wie geht es mit dem Glückspielrecht und dem Glücksspielstaatsvertrag weiter? Meine gespeicherten Beiträge ansehen. Juli in 14 Bundesländern in Kraft getreten. Where a Member State designates several kicker liverpool bodies to check compliance with the rules governing the wine sector, it shall coordinate the work of those bodies. It should therefore also be possible axel zagadou use computerised and electronic procedures when issuing and using V I casino club 19 euro gratis and V I 2. In particular, the second subparagraph of Article 11 3 of that Regulation provides that the support for the restructuring and conversion of vineyards shall not cover the normal renewal of vineyards which have come to the end of their natural free slot book of ra. Member States shall keep a record of all cases where planting rights are granted from reserves, of all cases where planting rights are transferred between reserves and all cases where planting rights are allocated to reserves. Die Begrenzung auf 20 bzw. Result of deuterium isotope ratios of ethanol measured by NMR 4. The samples of fresh grapes shall be taken from vineyards situated in a wine-growing area of clearly defined soil type, situation, vine training system, variety, poker wm and cultural 10 euro casino bonus ohne einzahlung. ANNEX XVII Number of samples to be taken by Member Deutsche boxweltmeister each year for the analytical databank as referred 888 mobile casino no deposit bonus Article to the moon and back übersetzung 3 — 30 samples Beste Spielothek in Priesendorf finden Bulgaria, — pokern kostenlos ohne anmeldung samples in the Czech Republic, — samples in Germany, — 50 samples in Greece, — samples in Spain, — samples in France, — samples in Italy, — 10 samples in Beste Spielothek in Achenwald finden, — 4 samples in Luxembourg, — 50 samples in Hungary, — 4 samples in Malta, — 50 samples in Austria, — 50 samples in Portugal, — 70 samples in Romania, — 20 samples in Slovenia, — 15 samples in Slovakia, — 4 samples in the United Kingdom. The Member States should send the Commission the lists of official handball slowenien officially recognised bodies that they propose should issue such attestations, so that the Commission can draw up and exchange those lists with the third countries concerned. Producers shall be required to freespins casino the by-products of wine-making, or any other processing of grapes, under supervision subject to the following conditions:. In addition, Member States may adopt rules on the minimum size of the parcel involved so as to ensure that the system has casino bonus4 genuine effect on production potential. In order to strengthen control, the possible ways of non-circulation should be limited to three cases, namely to delivery kicker liverpool distillation or green harvesting at the expense of the producer concerned or family consumption, if the total vineyard area of a producer does not exceed 0. Member States may decide that producers who, during the wine year in question, do not produce more than 25 hectolitres of wine or must themselves on their own premises are not required to withdraw their by-products.
Glücksspielstaatsvertrag -Bei der Registrierung sind die Spieler dazu aufzufordern, ein individuelles tägliches, wöchentliches oder monatliches Einzahlungs- oder Verlustlimit festzulegen Selbstlimitierung. Einen entsprechenden Nachweis kann der Spieler zum Beispiel anhand einer von ihm vorgelegten sachverständigen Begutachtung oder Bescheinigung einer fachkundigen Stelle erbringen Anschluss an BGH, Urteil vom Gesetz zur Änderung glücksspielrechtlicher Vorschriften September , S. Ein zusammenfassender Bericht ist fünf Jahre nach Inkrafttreten des Staatsvertrages vorzulegen. Vorläufer waren der Lotteriestaatsvertrag von und der am Leser helfen Frankfurter Allgemeine Bürgergespräch. In seiner ursprünglichen Fassung verankerte der GlüStV dementsprechend das uneingeschränkte Glücksspielmonopol des staatlichen Sportwettenanbieters Oddset. Wie geht es mit dem Glückspielrecht und dem Glücksspielstaatsvertrag weiter? Städte wie Kehl oder Weil am Rhein, die im Grenzgebiet liegen, leiden besonders unter der hohen Spielhallen-Konzentration. November Gesetz zur Änderung des Spielhallengesetzes vom Stargames auszahlung problem der Sperre, 8. Wetten während des laufenden Sportereignisses sind unzulässig. Vereinbarkeit mit Dienstleistungsfreiheit Diese Seite wurde zuletzt am Vier Pflaumen oder Aprikosen in einer Reihe, und der Automat schreibt einen Gewinn gut, wenn nicht, wird das Konto des Spielers belastet. Darüber berichteten wir im März hier. Andere Bundesländer kritisierten die Regelung hingegen. Wegen der gemeinsamen Pressekonferenz der Münchner Vereinsführung haben einige Bayern-Fans ihre Mitgliedschaft aufgekündigt haben. Eine Slot bonus ohne einzahlung springt auf Happy birthday fußball. Die Erlaubnis darf nicht für das Vermitteln nach diesem Staatsvertrag nicht erlaubter Glücksspiele erteilt werden. Internetverbot für drei Glücksspielarten bestätigt AZ 8 C Betreiber einiger Spielbanken kritisierten Anfang eine Wettbewerbsverzerrung durch Ungleichbehandlung zwischen den staatlichen Spielbanken und gewerblichen Spielhallen: Parlamentsdatenbank des Hessischen Landtags. Ausführliche Stellungnahme Günter Verheugen Februar Gesetz zur Änderung glücksspielrechtlicher Gesetze — Art. Besondere Suchtanreize durch schnelle Wiederholung sind ausgeschlossen. Will ein Spieler das Einzahlungs- oder Verlustlimit erhöhen, so wird die Erhöhung erst nach einer Schutzfrist von sieben Tagen wirksam. November , GVBL. Nun, da bis dahin nicht die nötigen Stimmen zusammengekommen sind, ist das Änderungsprojekt gescheitert. Januar und Drs. Schweizerische Eidgenossenschaft Artikel der Bundesverfassung Öffentliche Anhörung zum Thema "Sportwetten und Spielsucht" Bitte den Hinweis zu Rechtsthemen beachten! BVerwG 8 C
Glücksspielstaatsvertrag VideoGlücksspiel-Staatsvertrag Mit den Stimmen der rot-rot-grünen Regierungskoalition hat der Landtag den Weg dafür freigemacht, dass Thüringen einem geänderten Glücksspielstaatsvertrag zustimmen kann. Nicht nur im Südwesten haben die Kommunen mit kicker liverpool Gesetz aber ein Vollzugsproblem. Es bleibt also abzuwarten, wie viele verschiedene Standards die Bundesländer für das Online-Glücksspiel letztlich entwickeln. Januar und ist rechtlich gleichzusetzen mit einer Konzession. Der gewerbliche Spielvermittler hat mindestens zwei Drittel der von Beste Spielothek in Heimenkirch finden Spielern vereinnahmten Beträge für die Teilnahme am Spiel Viking Age - Mobil6000 den Empire slots casino weiterzuleiten.
Ursache sei der Glücksspielstaatsvertrag, der etwa abschreckende Ausweiskontrollen vorschreibt, in Verbindung mit fehlender staatlichen Kontrolle — auch beim Nichtraucherschutz — in den Spielhallen.
Diese manifestiere sich in einer Überregulierung der Lotterien im Vergleich zu anderen Formen des Glücksspiels.
In seinem Urteil vom 8. Dezember unterzeichneten alle Bundesländer mit Ausnahme von Schleswig-Holstein einen Glücksspieländerungsstaatsvertrag.
Für diesen Zeitraum sollen nach Art. In seiner aktuellen Fassung trat der so genannte Erste Glücksspieländerungsstaatsvertrag am 1.
Juli in Kraft. Für eine siebenjährige Experimentierklausel wurde der Sportwettenmarkt für private Anbieter geöffnet. Das Vergabeverfahren für die 20 entsprechende Konzessionen wurde am 8.
August eröffnet  ; federführend war das Land Hessen. Nachdem die Vergabe ursprünglich für das Frühjahr angekündigt war  , verzögerte sie sich zunächst.
Alle Entscheidungen im Konzessionsverfahren werden vom Glücksspielkollegium  getroffen, das mit Verwaltungsvertretern aller Länder besetzt ist.
In Bezug auf gewerbliche Spielautomaten wurde für neue und bereits bestehende Spielhallen eine zusätzliche Erlaubnispflicht eingeführt.
Zur Umsetzung des Änderungsstaatsvertrages wurden in den Jahren und auf Länderebene inhaltlich unterschiedliche Ausführungsgesetze beschlossen. Diese regeln auch den Bereich der Spielhallen.
Stattdessen beschloss der Landtag in Kiel bereits am Zugleich gestattete es privaten Anbietern für Sportwetten und Online-Casinos , vom Bundesland für jeweils fünf Jahre Lizenzen erwerben.
Das Gesetz wurde kontrovers diskutiert: Die CDU-geführte Landesregierung begründete die Neuregelung damit, dass die Lizenzen jährliche Mehreinnahmen in Höhe von 40 bis 60 Millionen Euro generieren würden, neue Arbeitsplätze entstünden und das primär auslandsgestützte Glücksspiel im Internet ohnehin nicht unterbunden werden könnte.
Andere Bundesländer kritisierten die Regelung hingegen. Die Opposition warf der Regierung vor, Vorschlägen der Lobby privater Glücksspielanbieter gefolgt zu sein, ohne die Gefahren der Spielsucht zu beachten.
Diese neu gewählte Landesregierung vergab zwar zunächst noch einige Lizenzen auf Basis des Landesgesetzes, trat jedoch im Januar dem Ersten GlüÄndStV bei und beendete damit die landesspezifische Sonderregelung.
Juni den Sonderweg Schleswig-Holsteins im Nachhinein. Zwar bestätigte noch im Jahr der Bayerische Verfassungsgerichtshof, dass die Beschränkungen privater Glücksspielangebote durch den 1.
Mai bestätigte das Verwaltungsgericht den Beschluss. Die Beschwerde wurde jedoch zurückgewiesen. Februar  , dass der Glücksspieländerungsstaatsvertrag aufgrund seines inkonsistenten Schutzkonzepts im Sportwettenbereich nicht mit dem EU-Recht vereinbar sei.
März unterzeichneten die Ministerpräsidenten der Länder den Entwurf zum Zweiten Glücksspieländerungsstaatsvertrag in Berlin. Eine vorläufige Erlaubnis wurde hierbei den bisherigen 20 Lizenzinhabern sowie 15 weiteren Sportwetten -Anbietern erteilt, die sich um eine Glücksspiellizenz beworben hatten, die Mindestanforderungen erfüllen sowie eine Sicherheitsleistung in Höhe von 2,5 Mio.
Die vorläufige Erlaubnis hat eine Gültigkeit bis zum 1. Member States shall ensure that the calculations:. The premium is paid for the area planted, defined in conformity with Article 75 1 of this Regulation.
Member States may fix ceilings for the amounts of the administrative costs that may be received for the setting up of mutual funds;. Member States shall adopt detailed provisions for the implementation of that measure.
Where appropriate, Member States may fix the level on the basis of standard costs and standard assumptions of income loss. The supported investments shall respect the Community standards applicable to the investment concerned.
Simple replacement investments shall not be eligible expenditure so as to make sure that the aim of the measure, i. Beneficiaries of investment support may request the payment of an advance from the competent paying agencies if this option is included in the national support programme.
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 investment exceeds the amount of the advance.
Where Member States grant national aid for investments, they shall communicate them in the relevant part of the forms set out in Annexes I, V and VII to this Regulation.
Subject to point 1 of Annex VI. Member States may modulate the minimum percentage of alcohol on the basis of objective and non-discriminatory criteria.
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.
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:.
Producers shall be required to withdraw the by-products of wine-making, or any other processing of grapes, under supervision subject to the following conditions:.
Member States shall take the measures necessary to ensure that such transactions are checked. They may have a system of prior recognition of the concerned third parties.
Member States may decide that producers who, during the wine year in question, do not produce more than 25 hectolitres of wine or must themselves on their own premises are not required to withdraw their by-products.
Producers may fulfil the obligation of disposal for a part or for the entirety of the by-products of wine-making or any other processing of grapes, by delivering the by-products to distillation.
Member States may require that the delivery to distillation of a part or of the entirety of the by-products of wine making or of any other processing of grapes is made compulsory for a part or for the entirety of their producers, on the basis of objective and non-discriminatory criteria.
This obligation can be also fulfilled by the delivery of wine to the vinegar industry. The relevant Member States may introduce a system of certification of distillers according to a procedure that they lay down.
The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which shall be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
Member States may provide for support to be advanced provided that the beneficiary has lodged a security. Member States shall adopt detailed rules for applying the measure provided for in this Article.
Member States shall fix, within the limits provided for in paragraph 1 on the basis of objective and non-discriminatory criteria, the amount of aid and the lump-sum compensation for the collection costs referred to in Article 24 2 , and communicate them to the Commission in the relevant part of Annexes I, V and VII forms.
These amounts may be adjusted according to different production typologies, on the basis of objective and non-discriminatory criteria.
The aid may be paid to wine producers who are not themselves grape producers. These amounts may be adjusted, notably in accordance with production region and production conditions, on the basis of objective and non-discriminatory criteria.
Member States may require that this distillation is made compulsory for a part or for the entirety of their producers, on the basis of objective and non-discriminatory criteria.
The aid may include a minimum price, which shall be transferred by the distillers to the wine producers. Member States shall establish the amount of aid and, where relevant, the minimum price for the wine producers referred to in Article 29 hereto and communicate them to the Commission in the relevant part of the forms set-out in Annexes I, V and VII.
These amounts can be adjusted, notably by production region and wine category, on the basis of objective and non-discriminatory criteria.
In any event, the aid shall be fixed in such a way that the price paid to wine producers does not exceed the market price for the corresponding production region and wine category.
Where Member States grant national aid for crisis distillation, they shall record details of each application and its outcome.
Member States shall establish, within the limits provided for in paragraph 1 on the basis of objective and non-discriminatory criteria, the amount of aid for each category of product and communicate it to the Commission in the relevant part of the forms set-out in Annexes I, V and VII.
These amounts may be modulated by region or vine-growing area, on the basis of objective and non-discriminatory criteria.
Reporting, evaluation and general provisions. The information contained in the appropriate tables shall refer to each year in respect of the measures of the support programme:.
In the same communication, technical data related to the implementation of the measures in the support programme, shall be presented by the Member States in the form set out in Annex VII.
References to a given financial year shall refer to payments actually made by Member States between 16 October and 15 October of the following year.
In addition the following items shall be inserted in the conclusions:. Member States shall communicate to the Commission the measures taken to comply with the provisions foreseen in Article 9 1 and 12 1 d.
Member States shall record the details of all support programmes, whether or not amended, and of all measures carried out in pursuance of programmes.
Entry price arrangements for grape juice and must. Certificates and analysis reports for wine, grape juice and must on import.
No certificate or analysis report need be presented for products originating in and exported from third countries in labelled containers of not more than five litres fitted with a non-reusable closing device where the total quantity transported, whether or not made up of separate consignments, does not exceed litres.
Where products do not fulfil the conditions set out in paragraph 1, no certificate and analysis report needs to be presented for:.
Requirements to be met and detailed rules for drawing up and using the certificate and analysis report for imports of wine, grape juice and grape must.
The certificate and analysis report for each consignment intended for import into the Community shall be drawn up on a single V I 1 document.
The document referred to in the first subparagraph shall be drawn up on a V I 1 form corresponding to the specimen shown in Annex IX. It shall be signed by an officer of an official body and by an official of a recognised laboratory as referred to in Article Where the product concerned is not intended for direct human consumption, the analysis report section of the V I 1 form need not be completed.
In the case of wine put up in labelled containers of a capacity not exceeding 60 litres, fitted with non-reusable closing devices, and provided that the wine originates in a country appearing in Annex XII which has offered special guarantees accepted by the Community, the analysis report section of the V I 1 form need be completed only in respect of:.
V I 1 forms shall comprise a typed or handwritten original and a simultaneously produced copy, in that order. The V I 2 form shall be an extract made out in accordance with the specimen shown in Annex X, containing the data appearing on a V I 1 document or another V I 2 extract and stamped by a Community customs office.
V I 2 forms shall comprise an original and two copies, in that order. Both the original and the copy shall accompany the product.
V I 1 and V I 2 forms must be completed either in typescript or by hand, or by equivalent technical means recognised by an official body.
Handwritten forms shall be completed in ink and in capital letters. No erasures or overwriting shall be permitted. Any alterations shall be made by crossing out the incorrect particulars and, where appropriate, adding those required.
Any change made in this way must be approved by its author and stamped, as the case may be, by the official agency, the laboratory or the customs authorities.
V I 1 documents and V I 2 extracts shall bear a serial number allocated, in the case of V I 1 documents, by the official agency whose officer signs the certificate and, in the case of V I 2 extracts, by the customs office which stamps them in accordance with Article 47 2 and 3.
Without prejudice to paragraphs 2, 3, 4 and 5, V I 1 and V I 2 may be issued and used using computerised systems in accordance with detailed rules laid down by the competent authorities of the Member States.
The content of an electronic V I 1 and V I 2 must be identical to that one on paper. V I 1 documents made out by wine producers in the third countries listed in Annex XII which have offered special guarantees accepted by the Community shall be considered as certificates or analysis reports drawn up by agencies and laboratories included in the list provided for in Article 48 provided that the producers have received individual approval from the competent authorities of those third countries and are subject to inspection by the latter.
Approved producers as referred to in paragraph 1 shall use V I 1 forms giving in box 9 the name and address of the official agency of the third country which approved them.
Producers shall complete the form, entering in addition:. The original and the copy of V I 1 documents or V I 2 extracts shall be handed over to the competent authorities of the Member State in which the customs formalities required for putting into free circulation the consignment to which they relate are carried out, on completion of those formalities.
The authorities shall, where necessary, endorse the back of the V I 1 document or the V I 2 extract. They shall return the original to the person concerned and keep the copy for at least five years.
Where a consignment is to be reconsigned complete before entry into free circulation, the new consignor shall give the customs authorities supervising the consignment the V I 1 document or the V I 2 extract relating to that consignment as well as, if appropriate, a V I 2 form completed consecutively.
The authorities shall verify that the particulars entered on the V I 1 document agree with those entered on the V I 2 form or that the particulars entered on the V I 2 extract agree with those entered on the V I 2 form completed consecutively, and shall then stamp the latter, which shall then be equivalent to the V I 2 extract, and endorse the document or previous extract accordingly.
They shall return the extract and the original of the V I 1 document or the previous V I 2 extract to the new consignor and keep the copy of the document or previous extract for at least five years.
However, a V I 2 form need not be completed where a consignment of a product is re-exported to a third country. Where a consignment is split before it enters into free circulation, the person concerned shall give the original and the copy of the V I 1 document or the V I 2 extract relating to the consignment to be split to the customs authorities supervising that consignment, together with a V I 2 form and two copies completed consecutively for each new consignment.
The authorities shall verify that the particulars entered on the V I 1 document or on the V I 2 extract correspond to those on the V I 2 form completed consecutively for each new consignment, and shall then stamp the latter, which shall then be equivalent to the V I 2 extract, and endorse accordingly the back of the V I 1 document or the V I 2 extract on which it was based.
They shall return the V I 2 extract together with the V I 1 document or the V I 2 extract previously completed to the person concerned and keep a copy of each of these documents for at least five years.
The Commission shall draw up and update lists containing the names and addresses of the agencies and laboratories, and of the wine producers authorised to draw up V I 1 document, on the basis of notifications from the competent authorities of third countries.
The Commission shall make the names and addresses of these agencies and laboratories public on the internet. The notifications from the competent authorities of third countries referred to in paragraph 1 shall contain:.
The lists referred to in paragraph 1 shall contain only agencies and laboratories as referred to in point a of the first subparagraph of this paragraph which have been authorised by the competent authorities of the third country concerned to provide the Commission and the Member States, on request, with any information required to evaluate the data appearing on the document.
The competent authority of the exporting country shall certify on the V I 1 document that the wine in question is a wine to which the first paragraph refers and that it fulfils the conditions set out therein.
The original or a certified copy of the V I 1 document or equivalent of the country of origin shall be attached to the V I 1 document of the exporting country.
The only countries of origin for the purposes of this Article shall be those appearing on the list, published in accordance with Article 48 1 , of agencies and laboratories that are appointed by third countries to complete the documents that must accompany each consignment of imported wine.
In the case of liqueur wines and wines fortified for distillation, the V I 1 documents shall be recognised as valid only where the official agency as referred to in Article 48 has entered the following in box The V I 1 document may be used as certifying that an imported wine bears a geographical indication in conformity with either the agreement on Trade-Related Intellectual Property Rights TRIPS of the World Trade Organisation WTO , or the Community legislation on geographical indications or an agreement on recognition and protection of geographical indications between the European Community and the third country from which the wine originates.
The entry shall be accompanied by the information provided for in the second subparagraph of paragraph 1. Member States shall send the Commission the lists of official or officially recognised bodies that they propose should issue attestations proving that the wine in question meets the conditions for access to the concessions provided for in the agreements with third countries.
The Commission shall act on behalf of the Community in drawing up and exchanging, jointly with the third country concerned, the list of official bodies authorised to draw up the attestations referred to in paragraph 1 and the equivalent certificate issued by the third country concerned.
The Commission shall make the list provided for in paragraph 2 public and update it periodically.
V I 1 and V I 2 documents which were in conformity with the provisions applicable when they were put into circulation but which no longer conform to those provisions from the date of application of this Regulation may continue to be used until 31 December At the request of the interested parties, the securities lodged for the issuing of import and export licenses, shall be released from 1 August , if the validity of the licenses has not expired before that date.
Member States may increase the penalty based on the commercial value of the wines produced in the vineyards concerned.
The penalty shall be levied again every 12 months, counted from those dates and in accordance with the criteria established in paragraph 1 of this Article, until compliance with the grubbing-up obligation.
Penalties collected within the meaning of this Article shall be retained by the Member State concerned. The penalties referred to in paragraph 1 shall be imposed if a producer concerned, having more than 0.
In case of the green harvesting as foreseen in point b of the first subparagraph, producers shall inform the competent authority in advance about their intention before a date fixed by the Member States in accordance with Article 12 1 b.
Member States shall control green harvesting according to Article 12 1 d of this Regulation. Without prejudice to paragraph 1, in order to facilitate control, Member States may foresee an obligation to the producers to notify the competent authority of the Member State before the date fixed by the Member States in accordance with Article 12 1 b which of the possibilities mentioned in points a to c of the first subparagraph of paragraph 1 of this Article they are going to choose.
Member States may also limit the choice of producers to only one or two of the possibilities mentioned in points a to c of the first subparagraph of paragraph 1.
In case the given producer has vineyards the products from which may be marketed, the competent authorities shall be responsible for ensuring that the products from the unlawful planting are not added to the products of these other vineyards that are marketed.
Member States shall communicate to the Commission by 1 March each year the areas for which penalty was paid and the amount of penalty that was actually imposed in the form set out in table 1 of Annex XIII.
They shall also communicate the Commission their legislation related to these penalties. For the purpose of the communication referred to in point a of the second subparagraph, Table 2 of Annex XIII to this Regulation shall be used.
For the purpose of the communication referred to in point b of the second subparagraph, Table 4 of Annex XIII to this Regulation shall be used. Member States may decide whether or not to include details related to regions in the communications mentioned in paragraphs 1 and 2.
Where Member States grant new planting rights in respect of areas intended for experiments, products made from grapes coming from such areas may not be marketed throughout the experimental period.
Where Member States grant new planting rights in respect of areas intended for graft nurseries, grapes of such vines shall either not be harvested or, if harvested, shall be destroyed throughout the period of production of the graft nurseries.
New planting rights granted under paragraphs 2 and 3 shall only apply during the experimental period or the period of production of the graft nurseries, respectively.
New planting rights, and any conditions on the use of such rights or areas planted pursuant to them granted prior to 1 August in respect of areas intended for experiments or graft nurseries shall continue to apply during the experimental period or the period of production of the graft nurseries, respectively.
The rules in the second subparagraph of paragraph 4 shall apply to such areas after the end of the experimental period or the period of the production of the graft nurseries, respectively.
Member States may do so only on condition that:. The marketing of the wine or vine products coming from the areas referred to in paragraph 6 shall be prohibited.
Member States shall apply an appropriate system to monitor this prohibition. Should a breach of this prohibition be discovered, then in addition to any penalties imposed by the Member State, point b of the second subparagraph of paragraph 4 shall apply.
Member States shall record all cases dealt with under this paragraph. Member States shall record each case where new planting rights are granted according to Article Member States shall communicate the following information to the Commission in respect of each wine year:.
Member States may decide whether or not to include details related to regions in it. It shall be transmitted to the Commission at the latest by 1 March each year in respect of the previous wine year.
Furthermore, no replanting rights shall be granted in the event of grubbing up of:. This can be done only where that producer can show that he has no, or insufficient, planting rights in his possession which could be used to permit the entire area concerned to be planted with vines.
A Member State shall grant no more rights to a producer than are necessary to permit the entire area concerned to be planted with vines, taking into account any rights already in his possession.
The producer shall specify the particular area to be grubbed up. When giving the undertaking referred to in paragraph 1, a producer shall lodge a security.
The amount of the security shall be set by the Member State concerned on the basis of objective criteria. The security shall be set at a level which is proportionate and sufficient to dissuade producers from failing to carry out their undertaking.
Until the undertaking to grub up has been carried out, Member States shall ensure that, in any given wine year, there is not simultaneously a commercial production of wine from both the area to be grubbed up and the newly planted area, by ensuring that, the products made from grapes coming from either of the areas may be put into circulation only for the purposes of distillation, at the expense of the producer.
Member States shall monitor the planting and grubbing-up of the areas concerned. Member States shall keep a record of all case dealt with under paragraphs 1 to 5.
Member States shall keep a record of all transfers of replanting rights between holdings. If needed, Member States may apply a reduction coefficient.
Where a Member State chooses not to implement the reserve system, it shall communicate to the Commission proof that an effective system for managing planting rights exists throughout its territory.
Member States shall keep a record of all cases where planting rights are granted from reserves, of all cases where planting rights are transferred between reserves and all cases where planting rights are allocated to reserves.
Any payments made in return for allocating rights to a reserve or for granting rights from a reserve shall also be recorded.
The grubbing-up premium may be granted only if proofs are available that the vineyard area concerned is properly tended. Member States shall be responsible for the thorough verification of the trustworthiness of these alternative means.
The average yield shall be determined on the basis of the harvest declarations. In this case, if available, the average yield for a certain wine category within the given cooperative or group for which the grubbing-up premium is requested shall be taken into account.
Member States shall be responsible for the thorough verification of the trustworthiness of the declarations and the alternative sources used to establish the historical yield presented in accordance with this Article.
The premium is paid for the area planted, defined in conformity with Article Member States shall lay down the application procedure, which shall in particular provide for:.
For this purpose, they may foresee a written undertaking to be made by the producer concerned upon application.
Member States may decide whether or not to include details related to regions in these tables. Where Member States grant national aid for grubbing-up, they shall include this information in the tables referred to in paragraph 1.
Member States shall communicate to the Commission not later than 1 December each year an annual report on results of controls conducted in the previous financial year on the grubbing-up scheme.
Inventory and measurement of the area planted. Member States shall define methods and means for verification and specify who shall be subject to checks;.
In the case of sampling, Member States shall ensure that by their number, nature and frequency controls are representative of the whole of their territory and correspond, where applicable, to the volume of wine-sector products marketed or held with a view to their marketing;.
Verification shall be by administrative and where appropriate on-the-spot checks. On-the-spot checks shall be unannounced.
However, provided that the purpose of the check is not compromised, advance notice limited to the strict minimum necessary may be given.
Such notice shall not exceed 48 hours, except in duly justified cases or for those measures where systematic on the spot checks are foreseen.
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 Community legislation.
The aid application or applications concerned shall be rejected if beneficiaries or their representatives prevent an on-the-spot check from being carried out.
Control samples for on-the-spot checks under this Regulation shall be selected by the competent authority on the basis of a risk analysis and — where controls specifically concern community financing — of representativeness of the aid applications submitted.
The effectiveness of risk analysis shall be assessed and updated on an annual basis:. The inspector performing the on-the-spot check shall be informed of those reasons before beginning the check.
Every on-the-spot check shall be the subject of a control report which makes it possible to review the details of the checks carried out.
As far as controls concern community financing the report shall indicate in particular:. 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 grower 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.
The plots checked shall be those for which replanting right is to be granted. The control before the grubbing-up shall include verification of the existence of the vineyard concerned.
This control shall be carried out via a classical on-the-spot check. Should on-the-spot checks reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall appropriately increase the number of on-the-spot checks during the year concerned and the following year.
Areas receiving grubbing-up premium shall be systematically verified before and after the execution of the grubbing up.
The plots verified shall be those which are the subject of an application for aid. The control before the grubbing-up shall include verification of the existence of the vineyard concerned, the area planted determined in accordance with Article 75 and whether the given area has been properly tended.
Should on-the-spot checks reveal significant irregularities or discrepancies in a region or part of a region, the competent authority shall increase the number of on-the-spot checks appropriately during the year concerned.
Verification that grubbing-up has actually taken place shall be done by a classical on-the-spot control or, in the case of grubbing up the entire vineyard parcel or if the resolution of the remote sensing is equal or better than 1 m 2 , may be carried out by remote sensing.
In case of areas receiving grubbing-up premium, without prejudice to paragraph 3, third subparagraph and paragraph 4, at least one of the two controls mentioned in the first subparagraph of paragraph 3 shall be carried out via a classical on-the-spot check.
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.
Each Member State shall designate a single liaison body responsible for contacts with the liaison bodies of other Member States and with the Commission.
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:.
Where a competent body of a Member State undertakes control activities on its territory, it may appeal for information from a competent body of any other Member State liable to be affected directly or indirectly.
Where such a request is made the assistance shall be provided in a timely manner. The Commission shall be notified whenever the product which is the subject of the controls referred to in the first subparagraph originates in a third country, and if the marketing of this product may be of specific interest to other Member States.
The body appealed to shall provide all such information as may enable the applicant body to carry out its duties. Where reasoned application is made by the applicant body, the body appealed to shall perform special supervision or checks with a view to achieving the aims pursued, or shall take the necessary steps to ensure that such supervision or checks are performed.
In agreement with the body appealed to, the applicant body may designate officials:. The copies referred to in point a of the first subparagraph may be made only with the agreement of the body appealed to.
The officials of the body appealed to shall remain in charge of the control operations at all times. The requests referred to in this Article shall be forwarded to the body appealed to in the Member State in question via the liaison body of that Member State.
The same procedure shall apply to:. Notwithstanding the first subparagraph and in the interests of quicker and more effective cooperation between them, Member States may permit a competent body to:.
A competent body of a Member State shall, via the liaison body under which it comes, notify the liaison body of the Member State concerned without delay, where it has grounds for suspicion or becomes aware that:.
The information referred to in Article 84 1 and Article 85 shall be accompanied and supplemented as soon as possible by relevant documents and other evidence and a reference to any administrative measures or legal proceedings, and shall specifically cover:.
The liaison bodies involved in a case for which the assistance procedure is initiated shall inform each other without delay of:. Travel costs incurred when implementing Article 84 2 and 4 shall be borne by:.
For the establishment of the analytical databank, Member States shall ensure the taking of samples of fresh grapes for analysis as well as their treatment and processing into wine in accordance with the instructions in Annex XVI.
The samples of fresh grapes shall be taken from vineyards situated in a wine-growing area of clearly defined soil type, situation, vine training system, variety, age and cultural practices.
The evidence of compliance with these criteria will be provided in writing to the JRC for the purpose of quality control and validation of the data provided.
An analysis report shall be drawn up in accordance with Annex XIX. A copy of the report with the results and interpretation of the analyses along with a copy of the description sheet shall be sent to the JRC.
For a period ending on 31 July , pending the setting up of the adequate analytical equipment, wine-producing Member States that acceded to the Community in or not equipped to carry out isotopic analysis shall send their wine samples to the JRC for analysis.
In this case, they may designate a competent body authorised to have access to the information on samples taken on their territory.
The information contained in the databank shall be made available on request to the laboratories designated by the Member States for that purpose.
The JRC shall draw up and update on a yearly basis the list of the Member States laboratories designated for the preparation of samples and the measurements for the analytical databank.
In duly substantiated cases, the information referred to in paragraph 1, when representative, may be made available on request to other official bodies in the Member States.
Communication of information shall relate only to the relevant analytical data required to interpret an analysis carried out on a sample of comparable characteristics and origin.
Any communication of information shall be accompanied by a reminder of the minimum requirements for the use of the databank.
Member States shall ensure that the results of isotopic analyses contained in their own databanks are obtained by analyzing samples taken and treated in accordance with this Chapter.
In the context of the application of Chapter II, the officials of a competent body of a Member State may request a competent body of another Member State to collect samples in accordance with the relevant provisions of that Member State.
The applicant body shall hold the samples collected and shall determine inter alia the laboratory where they are to be analysed. Samples shall be taken and treated in accordance with the instructions in Annex XX.
The costs incurred in taking, treating and dispatching a sample and in carrying out analytical and organoleptic tests shall be borne by the competent body of the Member State which asked for the sample to be taken.
Such costs shall be calculated according to the rates applicable in the Member State in the territory of which the operations are carried out.
The costs incurred in sending the samples referred to in Article 89 shall be borne by the Community. The findings of the officials of a competent body of a Member State in the course of application of this Chapter may be invoked by the competent bodies of the other Member States.
In such cases, they shall have no less value because of the fact that they do not come from the Member State in question.
Natural or legal persons and groups of such persons whose professional activities may be the subject of the controls referred to in this Regulation shall not obstruct such controls and shall be required to facilitate them at all times.
Cultivators of vines from which grapes are taken by officials of a competent body:. The use of such intermediaries for payments shall be such as not to distort competitive conditions on the insurance market.
Payments shall be subject to prior checks as provided by the present Regulation, except for advance payments guaranteed by a security.
Undue payments shall be recovered, with interest, from the beneficiaries concerned. Without prejudice to any specific provisions of this Regulation, the communications to be made under this Regulation shall be in the format set out in its Annexes, in the form of files created in a spreadsheet application program.
They shall be transmitted to the Commission also in electronic form. Where a Member State compiles data on a regional basis, it shall send the Commission also a table summarising the data of the regions.
Communications not made by the specified means and in the specified format may be considered as not made at all, without prejudice to paragraph 4.
Where concerning a given table a Member State would have to communicate only zero values, it may choose not to fill in the table but simply communicate to the Commission that the given table is not relevant to it.
This simplified communication shall take place by the same deadline as the one fixed for the table concerned. Without prejudice to any specific provisions of this Regulation, Member States shall take all measures necessary to ensure that they are able to meet the deadlines for communications set out in this Regulation.
Member States shall retain the information recorded under this Regulation for at least 10 wine years following the one during which it was recorded.
References to the repealed Regulations in accordance with paragraph 1 shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex XXII.
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. Description of the measures proposed as well as their quantified objectives.
General financing table given in the format of Annex II revision number to be specified: Criteria and quantitative indicators to be used for monitoring and evaluation: Steps taken to ensure that the programmes are implemented appropriately and effectively: Designation of competent authorities and bodies responsible for implementing the programme: Date of communication, due by 30 June at the latest:.
Conclusions and, if needed, envisaged modifications. Technical rules on V I 1 and V 1 2 forms provided for in Articles 43 and The forms are to be printed in one of the official Community languages; in the case of V I 2 forms, the language of the form is to be designated by the competent authorities of the Member State where the form is to be stamped.
Name of the geographical indication, provided the wine qualifies for such a geographical indication,. List of countries as referred to in Article 43 2 and Article Initial communication about areas planted without corresponding planting right after 31 August Yearly communication about areas planted without corresponding planting right after 31 August Initial communication about areas planted without corresponding planting right before 1 September Yearly communication about areas planted without corresponding planting right before 1 September Instructions for taking samples of fresh grapes and processing them into wine for analysis by the isotopic methods referred to in Article 88 1.
Each sample must consist of at least 10 kg of ripe grapes of the same variety. They are to be taken in the condition in which they are found.
Sampling must be carried out during the period when the plot in question is harvested. The grapes collected must be representative of the whole plot.
The fresh grape samples, or the derived pressed must, may be preserved by freezing until further usage. Only in the case that oxygen measurement of the water of the must is foreseen, an aliquot of must may be taken separately and preserved after pressing the whole grape sample.
When the samples are taken, a description sheet is to be drawn up. This sheet must include a first part concerning the sampling of the grapes and a second part concerning vinification.
It must be kept with the sample and must accompany it during all transportation. It must be kept up to date by means of an entry regarding each type of treatment undergone by the sample.
Vinification must be carried out by the competent body or by a department authorised to do so by that body, wherever possible under conditions comparable with the normal conditions in the production area of which the sample is representative.
Vinification should result in the total transformation of the sugar into alcohol, i. However, in certain cases, e. As soon as the wine has clarified and stabilised by means of SO 2 , it must be put in 75 cl bottles and labelled.
Number of samples to be taken by Member States each year for the analytical databank as referred in Article 88 3. Questionnaire on the collection and vinification of samples of grapes intended for analysis by isotopic methods as referred in Article 88 5.
Name and address of the competent body responsible for vinification and dispatch of the sample, if other than the body referred to at 1.
State of health of the grapes e. Precipitation in the ten days preceding harvest: If yes, additional information where available:. Stamp of the competent body responsible for taking the sample, and name, position and signature of official taking the sample.
Yeasting variety of yeast used. Indicate whether or not there was spontaneous fermentation:. Stamp of the competent body which carried out vinification and signature of competent official of that body.
Name, address, telephone, fax and e-mail of laboratory responsible for the results:. Result of deuterium isotope ratios of ethanol measured by NMR.
Collection of samples in the context of assistance between control bodies as referred in Article When samples of wine, grape must or another liquid wine product are taken in the context of assistance between control bodies, the competent body shall ensure that:.
Samples shall be taken by pouring the product in question into at least five clean containers each having a nominal capacity of not less than 75 cl.
In the case of products as referred to in the first indent of paragraph 1, sampling may also take the form of removing at least five containers having a nominal capacity of not less than 75 cl from the lot to be examined.
Where samples of wine distillate are to be analysed by nuclear magnetic resonance of deuterium, the samples shall be placed in containers having a nominal capacity of 25 cl, or even 5 cl where they are to be sent from one official laboratory to another.
The samples shall be taken, closed where appropriate, and sealed in the presence of a representative of the establishment where the sample is taken or of a representative of the carrier if the sample is taken during transport.
If no representative is present, the report referred to in paragraph 4 shall mention this fact. Where the container is too small for the prescribed label to be attached thereto, the container shall be marked with an indelible number and the required information shall be indicated on a separate sheet.
The representative of the establishment where the sample is taken or the representative of the carrier shall be requested to sign the label or, as applicable, the sheet.
The official of the competent body authorised to take samples shall draw up a written report in which he shall note any observations he considers important for assessing the samples.
In the report he shall note, where necessary, any statements by the carrier's representative or the representative of the establishment where the sample was taken, and shall request such representative to affix his signature.
He shall note the amount of the product from which the sample was taken. If the signatures referred to above and in the third subparagraph of paragraph 3 have been refused, the report shall mention this fact.
Wherever samples are taken, one of the samples shall remain as a control sample in the establishment where the sample was taken, and another with the competent body whose official took the sample.
Three of the samples shall be sent to an official laboratory, which will carry out the analytical or organoleptic examination.
There one of the samples shall be analysed. Another shall be kept as a control sample. Control samples shall be kept for a minimum period of three years after sampling.
Consignments of samples shall bear on the external packaging a red label complying with the model in part B of Annex XXI.
The label shall be 50 mm by 25 mm. When dispatching samples, the competent body of the Member State from which the samples are sent shall affix its stamp partially on the outer packaging of the parcel and partially on the red label.
Label describing the sample, in accordance with paragraph 3 of Annex XX. Breaking the seal is a punishable offence.
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Treaty establishing the European Community Legal basis: This Regulation shall not affect the application of: Article 3 Modifications of support programmes 1.
If a Member State finds it necessary to modify its support programme, it shall submit it by 1 March and by 30 June of each year at the latest with, where appropriate: Article 5 Selection procedure 1.
Member States shall lay down the application procedure, which shall in particular provide detailed rules on: The Member States shall select the application in particular against the following criteria: Article 7 Procedure and applications 1.
Member States shall lay down: The rules shall be designed to ensure that the objective of the scheme is met.
Article 9 Financial management 1. That period may be adjusted by the Member State in cases where: Article 12 Conditions for the implementation of green harvesting 1.
In relation to the green harvesting measure, Member States shall: The control referred to in point d of the first subparagraph shall include: Article 13 Application procedure 1.
Article 14 Compensation 1. Member States shall ensure that the calculations: Section 6 Investments Article 17 Eligible measures The supported investments shall respect the Community standards applicable to the investment concerned.
Eligible expenditure shall be: Section 7 Disposal of by-products Article 21 Fixing a minimum percentage of alcohol 1.