16. 11. 90 Official Journal of the European Communities No L 317/25 COMMISSION REGULATION (EEC) No 3302/90 ~ of 15 November 1990 laying down detailed rules on the transfer of rights to replant vines THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, . Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 1325/90 (3, and in particular Article 7 (6) thereof, Whereas the Council has provided for the extension of the possibility of transferring replanting rights between holdings to areas intended for the production of table wine, table- grapes or the cultivation of mother planta- tions, in order to prevent the ban on new planting combined with the restriction on the right to replant being an obstacle to the adaptation of wine growing to trends in demand; Whereas the possibility of transfers should be introduced with care and monitoring to assess their justification, prevent fraud and guarantee their proper operation; whereas the introduction and use of the vineyard register established by Council Regulation (EEC) No 2392/86 (%) should guarantee an effective monitoring of the transfers ; Whereas it is necessary to be able to monitor the develop- ment of production potential on each holding; whereas entry of the transfers in the vineyard register will guarantee that it is up to date and effective ; whereas offi- cial proof of acquisition must permit checks on confor- mity with the information in the vineyard register; whereas the acquisition of a replanting right by transfer is, for the acquirer, equivalent to the acquisition of a new planting right and whereas its validity is restricted to the period provided for the latter, as given in Article 8 (3) of Regulation (EEC) No 822/87; Whereas implementation must be adapted to the specific nature of each wine-growing region ; whereas the volume of transfers should be restricted to a rate lower than the normal rate of renewal of wine production in order not to create an excessively rapid and destabilizing increase in wine growing in certain regions; whereas the transfers must be authorized on the basis of the allocation criteria - in accordance with the objectives in question; whereas potential applicants must be informed in advance of the relevant criteria and priorities ; () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 132, 23. S. 1990, p. 19. () OJ No L 208, 31. 7. 1986, p. 1. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 1. This Regulation lays down the conditions and detailed rules for the transfer of rights to replant vines between vineyards to areas intended for the production of table wine, table grapes and the cultivation of mother plantations as provided for in the second indent of the second subparagraph of Article 7 (2) of Regulation (EEC) No 822/87. 2. For the purposes of this Regulation : — ‘transferor’ means the person offering replanting rights, : — ‘applicant’ means the person wishing to obtain such rights, ’ — ‘acquirer’ means the applicant authorized to carry out the transaction enabling him to acquire rights by transfer, — ‘rights in hand’ means replanting rights resulting from a previous grubbing operation or new planting rights which can be used immediately by the grower concerned, — ““terroir” with a given varietal potential means the natural environmental unit, characterized by geomor- phological, pedological and climatic data, which is classified by varietal suitability. ‘ TITLE 1 General rules Article 2 1. For each transfer application, existence of the right which is the subject of the transfer application must be - certified by the competent authorities on the basis of information concerning all the replanting rights for the holding of the transferor. It must be possible from such information to trace the parcel history and the grubbing and replanting that have been carried out on the said