28. 4. 92 Official Journal of the European Communities No L 110/31 COMMISSION REGULATION (EEC) No 1036/92 of 27 April 1992 laying down detailed rules for transferring Community aid granted for collective projects for the restructuring of vineyards under Council Regulation (EEC) No 458/80 and amending Decision 81/525/EEC on applications for refunds of and advances on premiums paid for collective projects for the restructuring of vineyards THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 458/80 of 18 February 1980 on collective projects for the restruc- turing of vineyards ('), as last amended by Regulation (EEC) No 596/91 (3, and in particular Articles 10 (4) and 11a (2) thereof, Whereas the Council has provided for the Member States to be able to transfer to other projects Community aid granted for projects approved by the Commission in accordance with Article 7 of Regulation (EEC) No 458/80 which cannot be completely carried out before the dead- line for execution of their completion expires ; Whereas the failure to execute a project in full or in part must be established with due respect for the rights acquired by the original recipient; Whereas transfers of aid must relate solely to restructuring operations meeting the conditions laid down in Regula- tion (EEC) No 458/80 ; Whereas, given the possibility they now enjoy of transfer- ring aid between projects, the Member States must make the necessary changes to and undertake to manage such projects ; whereas, as a consequence and in order to ensure transparent, consistent management, they must be able to make changes to and administer all the projects ; Whereas, since the objective of this Regulation is to fix the procedures for transferring aid, as laid down in Council Regulation (EEC) No 596/91, it should be made to apply as from the date that this Regulation entered into force ; Whereas transfers of aid must be made under conditions that avoid the risk of exceeding the quotas agreed for each Member State and that guarantee respect for the rights acquired by the original beneficiaries ; () OJ No L 57, 29. 2. 1980, p. 27. () OJ No L 67, 14. 3. 1991, p. 16. Whereas this also requires amendments to the detailed rules for submitting applications for refunds laid down in Commission Decision 81/525/EEC (}); Whereas detailed rules should therefore be laid down in accordance with which Member States are to keep the Commission informed periodically of changes to projects ; Whereas a deadline should be set for the completion of all operations undertaken pursuant to Regulation (EEC) No 458/80; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Agricultural Structure and Rural Development, HAS ADOPTED THIS REGULATION : Article 1 The Member States may transfer aid : - which remains available on expiry of the deadline for execution laid down in the decision approving the project, or — which the beneficiary has relinquished, or — which remains available at the end of the eighth year following the decision approving the project if the area restructured represents on that date less than 70 % of the area originally planned, on condition that the rights of the beneficiary are maintained up to the completion date of the project. Article 2 The Member States shall ensure that aid transferred is used for restructuring operations : — provided for in projects approved by the Commission and areas in addition to hectares already covered by approval, — complying with the conditions laid down in Regula- tion (EEC) No 458/80. () OJ No L 196, 18. 7. 1981, p. 11.