Date: 2023-06-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2023/1317 of 28 June 2023 on temporary derogation from Implementing Regulation (EU) 2016/1150 as regards certain measures to address the market disturbance in the wine sector
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This Commission Implementing Regulation (EU) 2023/1317, enacted on June 28, 2023, addresses market disturbances in the wine sector by temporarily derogating from Implementing Regulation (EU) 2016/1150. It allows Member States greater flexibility in implementing national support programs for wine, particularly concerning green harvesting measures, for the financial year 2023. Changes to national support programs must be submitted by October 15, 2023. The regulation came into force upon publication.
Key Points / Main Content:
National Support Programmes:
* Member States can introduce changes to their national wine support programmes whenever necessary during the financial year 2023, but no later than October 15, 2023.
Green Harvesting Measures:
* Member States have flexibility regarding the deadline for submitting applications for support for green harvesting, setting it between April 15 and July 31.
* Member States can choose not to establish an expected market situation justifying green harvesting.
* The deadline for carrying out green harvesting operations can be set by July 15 at a date after the deadline for submission of applications for support for green harvesting, but before the normal harvest time.
Checks on Green Harvesting Operations:
* All checks on green harvesting operations implemented in financial year 2023 must take place by September 15, 2023, and be completed by the normal harvest time.
Impact Analysis:
Member States:
* Impact: Increased flexibility in adapting national support programmes for the wine sector to address market imbalances.
* Action Required: Implement changes to national support programmes as needed, ensuring all changes are submitted by October 15, 2023. Set deadlines and implement green harvesting measures according to the new flexibilities, and ensure checks are completed by September 15, 2023, or by the normal harvest time, whichever is earlier.
Wine Growers/Producers:
* Impact: More opportunities to apply for and receive support, particularly for green harvesting, due to extended deadlines and relaxed justification requirements.
* Action Required: Monitor the updated deadlines for green harvesting applications and operations in their Member State. Submit applications within the revised timeframe.
Competent Authorities:
* Impact: Adjustment to the deadline for performing checks on green harvesting operations.
* Action Required: Ensure all checks of green harvesting operations are completed by September 15, 2023, or by the normal harvest time, whichever is earlier.
Key Entities Referenced
European Union: The political and economic union of member states located primarily in Europe.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day affairs.
Regulation EU No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
Commission Implementing Regulation EU 2016/1150: Commission Implementing Regulation laying down rules for the application of Regulation EU No 1308/2013 as regards the national support programmes in the wine sector.
Regulation EU 2021/2117: Regulation of the European Parliament and of the Council amending Regulations EU No 1308/2013 establishing a common organisation of the markets in agricultural products, EU No 1151/2012 on quality schemes for agricultural products and foodstuffs, EU No 251/2014 and EU No 228/2013.
Ursula VON DER LEYEN: The President of the European Commission.
Brussels: The location where the regulation was adopted.
wine sector: The sector of the economy concerned with the production, distribution, and sale of wine.
L 163/4 EN Official Journal of the European Union 29.6.2023
COMMISSION IMPLEMENTING REGULATION (EU) 2023/1317
of 28 June 2023
on temporary derogation from Implementing Regulation (EU) 2016/1150 as regards certain
measures to address the market disturbance 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 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(1), and in particular Article 54, points (a) and
(e), thereof,
Whereas:
(1) The current economic situation characterised by high input costs for the agricultural production and increased costs
of living is having a significant negative impact on the wine market in several Member States. The global inflation
and the related reduction of purchase power of the consumers are only further aggravating the general trend of
decreasing wine consumption in the Union. Wine growers are thus facing increasing problems for the upcoming
harvest: accumulation of wine stocks, reduced consumption, losses of income and sale difficulties. Against this
background, it has become necessary for the Commission to adopt several exceptional market measures to address
the current imbalanced situation in the wine market and react timely before it deteriorates. The envisaged measures
include, inter alia, the possibility to finance crisis distillation under the wine national support programmes by way
of derogation from Article 43 of Regulation (EU) No 1308/2013 as well as some adjustments concerning the other
eligible measures financed under the programmes in accordance with that Article.
(2) In order to enable Member States to immediately implement the crisis measures referred to above, it is necessary to
derogate for financial year 2023 from several provisions of Commission Implementing Regulation
(EU) 2016/1150(2)relating to the implementation of the national support programmes in the wine sector.
(3) Article 2(1) of Implementing Regulation (EU) 2016/1150 provides that changes in respect of applicable support
programmes, as referred to in Article 41(5) of Regulation (EU) No 1308/2013, are not to be submitted more than
twice per financial year. Provided that the current wine national support programmes apply only until 15 October
2023, as set out in Article 5(7) of Regulation (EU) 2021/2117 of the European Parliament and of the Council(3),
and in order to enable Member States to quickly adapt their national support programmes for reasons related to the
current imbalanced situation in the wine market, it is appropriate to allow them to submit changes to their
programmes more than twice per financial year as long as those changes are submitted before 15 October 2023.
Member States should be able to react quickly to the instable circumstances of the market and submit changes to
their programme as early and as often as is considered necessary. Such flexibility would allow Member States to
optimise the measures already in place, increase the number of interventions and make adjustments more
frequently taking account of the market situation. With this improved flexibility, more opportunities would be
available to operators including newcomers, to submit applications for support. Therefore, it is necessary to
derogate from Article 2(1) of Implementing Regulation (EU) 2016/1150 to allow changes to the national support
programmes whenever necessary in financial year 2023.
(1) OJ L 347, 20.12.2013, p. 671.
(2) Commission Implementing Regulation (EU) 2016/1150 of 15 April 2016 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
(OJ L 190, 15.7.2016, p. 23).
(3) Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU)
No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes
for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of
geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the
outermost regions of the Union (OJ L 435, 6.12.2021, p. 262).29.6.2023 EN Official Journal of the European Union L 163/5
(4) Furthermore, in view of the prevailing market situation, and to reduce the risk it prolongs after the coming wine
harvest, the Commission is adopting exceptional measures, among other, to allow Member States to increase the
use of the green harvesting measure within their wine support programmes this summer. For this purpose, it is
pertinent to give flexibility to Member States in relation to the deadlines to implement the green harvesting
measure. Firstly, it is necessary to postpone for the financial year 2023 the deadline for the submission of
applications for support for green harvesting as well as the deadline for carrying out such operations as set out
respectively in Article 8, points (b) and (d), of Implementing Regulation (EU) 2016/1150, provided that the
operation is carried out before the normal time of harvest as characterised by the relevant Baggiolini stage of
maturity. This should provide producers with additional time to apply and to carry out such operations. Secondly,
with regard to the current market developments and the resulting growing wine surpluses, it appears non-pertinent
to request from Member States to provide a specific justification for the application of green harvesting. Therefore, it
is appropriate to derogate from Article 8, point (c), of Implementing Regulation (EU) 2016/1150 and suspend
temporarily for the financial year 2023 the requirement that Member States establish an expected market situation
justifying the application of green harvesting to restore market balance and prevent crisis.
(5) Moreover, as a consequence of the flexibility given to Member States in relation to the deadlines to implement the
green harvesting measure, it is necessary to derogate from Article 43(3) of Implementing Regulation
(EU) 2016/1150 to adjust the deadline provided for in that provision for competent authorities to perform checks
on the implementation of green harvesting operations. Therefore, in financial year 2023, such checks should take
place by 15 September 2023and, in any case, they should be completed by the normal time of harvest (Baggiolini
stage N, BBCH stage 89).
(6) In view of the necessity to take immediate action, this Regulation should enter into force on the day of its publication
in the Official Journal of the European Union.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common
Organisation of the Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
Derogations from Implementing Regulation (EU) 2016/1150
1. By way of derogation from Article 2(1) of Implementing Regulation (EU) 2016/1150, Member States may introduce,
whenever necessary during the financial year 2023, but not later than 15 October 2023, changes to their national support
programmes in the wine sector as referred to in Article 41(5) of Regulation (EU) No 1308/2013.
2. By way of derogation from Article 8 of Implementing Regulation (EU) 2016/1150, during the financial year 2023
Member States may:
(a) set the deadline for the submission of applications for support for green harvesting, as referred to in point (b) of that
Article, between 15 April and 31 July;
(b) opt not to establish an expected market situation justifying the application of green harvesting, as referred to in point
(c) of that Article;
(c) by way of derogation from point (d) of that Article, set by 15 July a deadline at a date after the deadline for submission
of applications for support for green harvesting as provided for in point (a) of this paragraph for carrying out the green
harvesting operations in accordance with the requirements set out in Article 47(1) of Regulation (EU) No 1308/2013.
This deadline shall be set before the normal time of harvest (Baggiolini stage N, BBCH stage 89) in any given area.
3. By way of derogation from Article 43(3) of Implementing Regulation (EU) 2016/1150, all checks of green harvesting
operations implemented in financial year 2023 shall take place by 15 September 2023 and, in any case, they shall be
completed by the normal time of harvest (Baggiolini stage N, BBCH stage 89) in any given area.L 163/6 EN Official Journal of the European Union 29.6.2023
Article 2
Entry into force
This Regulation shall enter into force on the day 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, 28 June 2023.
For the Commission
The President
Ursula VON DER LEYEN