16.6.2000 Official Journal of the European Communities L 143/1 | (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (!), and in particular Articles 7(2), 10, 15, 23 and 80 thereof, Whereas: 1 G) ) ) ) ) ’) ) ) ) ) 0 Regulation (EC) No 1493/1999, which replaced Council Regulation (EEC) No 822/87(3), as last amended by Regulation (EC) No 1677/1999 (}), with effect from 1 August 2000, contains, in Title II, provisions on production potential. It is now appropriate to fill out the framework thereby laid down, by enacting implementing rules and by repealing the previous regulations on this subject, namely Commission Regulations (EEC) No 2314/72 (%), as last amended by Regulation (EC) No 2462/93 (%), (EEC) No 940/81 (%), (EEC) No 3800/81 ("), as last amended by Regulation (EC) No 2548/1999 (%), (EEC) 2729/88(°), as last amended by Regulation (EC) 2182/97 (1%, (EEC) No 2741/89 ('), and (EEC) No 3302/90 (1?). Member States are permitted, pursuant to Article 22 of Regulation (EC) No 1493/1999, to impose more restrictive national rules in respect of the new planting or replanting of vines or grafting-on, than those set out in Title I of that Regulation, which includes the imposition of such rules in respect of the grant, transfer and use of planting rights. Article 2(3) of Regulation (EC) No 1493/1999 provides for Member States to be able to grant permission in the ) OJ L 179, 14.7.1999, p. 1. %) OJ L 84,27.3.1999, p. 1. %) OJ L 199, 30.7.1999, p. 8. %) OJ L 248, 1.11.1972, p. 53. OJ L 226, 7.9.1993, p. 1. %) OJ L 96, 8.4.1981, p. 10. % OJ L 308, 3.12.1999, p. 5. %) O] L 241, 1.9.1988, p. 108. 19 OJ L 299, 4.11.1997, p. 3. 1) OJ L 264, 12.9.1989, p. 5. 12) OJ L 317, 16.11.1990, p. 25. ( ( ( ( E (') OJ L 381,31.12.1981, p. 1. ( ( ( ( ( cases defined in points (a) to (d) of that provision to produce wine which is to be marketed, subject to controls. It is necessary to lay down detailed rules concerning applications and the effective date of regularisation, in particular to provide for the effective implementation of regularisation in justified cases, in particular by granting the permission from the date of the application whilst ensuring that producers do not benefit from unjustified applications. There is also a need for any planting rights used in the regularisation process to be valid at the date of the application. Article 2(7) of Regulation (EC) No 1493/1999 provides for the compulsory grubbing-up of areas planted in breach of planting restrictions. Wine-sector products made from grapes coming from such areas before grubbing-up takes place should not be allowed to disturb the market balance and should therefore be distilled. Article 3(1) of Regulation (EC) No 1493/1999 provides for the grant of new planting rights in the case of measures for land consolidation or measures concerning compulsory purchase in the public interest. The new planting rights should not exceed those necessary to plant an area equivalent to 105% of that lost to producers as a result of those measures, so as to avoid undermining the prohibition on planting contained in Article 2(1) of Regulation (EC) No 1493/1999. Article 3(1) of Regulation (EC) No 1493/1999 also provides for the grant of new planting rights in the case of wine-growing experiments. The areas planted in pursuance of such grants of new planting rights should only be used for the specified purposes, and wine-sector products made from grapes coming from such areas both during and after the experimental period should not be allowed to disturb the market balance. Accordingly, wine-sector products made from grapes coming from such areas during the experimental period should not be marketed, without prejudice to their consumption in the context of testing. After the experimental period, either the areas concerned should