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Glücksspielstaatsvertrag

glücksspielstaatsvertrag

Glücksspielstaatsvertrag: Finden Sie hierzu Nachrichten, Archiv-Material, Fotos und Videos auf FOCUS Online. 5. Jan. Der Beitrag geht den Fragen nach, wie sich das Glücksspielrecht gegenwärtig gestaltet und inwiefern der Glücksspielstaatsvertrag Der Staatsvertrag zum Glücksspielwesen in Deutschland (kurz Glücksspielstaatsvertrag oder GlüStV) ist ein Staatsvertrag zwischen allen 16 deutschen.

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Glücksspielstaatsvertrag - authoritative

März und Drs. Der gewerbliche Spielvermittler hat mindestens zwei Drittel der von den Spielern vereinnahmten Beträge für die Teilnahme am Spiel an den Veranstalter weiterzuleiten. Die nächste Spielhalle ist nämlich keine Meter entfernt. Für die Freie und Hansestadt Hamburg. Darüber hinaus ist den Spielern zu jeder Zeit die Möglichkeit einzuräumen, tägliche, wöchentliche oder monatliche Einzahlungs- und Verlustlimits neu festzulegen. Soweit personenbezogene Daten verarbeitet werden, finden die landesrechtlichen Datenschutzbestimmungen Anwendung. Durch die Nutzung dieser Website erklären Sie sich mit den Nutzungsbedingungen und der Datenschutzrichtlinie einverstanden.{/ITEM}

5. Jan. Der Beitrag geht den Fragen nach, wie sich das Glücksspielrecht gegenwärtig gestaltet und inwiefern der Glücksspielstaatsvertrag Der Staatsvertrag zum Glücksspielwesen in Deutschland (kurz Glücksspielstaatsvertrag oder GlüStV) ist ein Staatsvertrag zwischen allen 16 deutschen. S. ) - mangels Ratifizierung in allen Ländern ist der Zweite Staatsvertrag zur Änderung des Glücksspielstaatsvertrages vom März/3. April als Anlage .{/PREVIEW}

{ITEM-80%-1-1}Alle Entscheidungen im Konzessionsverfahren werden vom Glücksspielkollegium [10] getroffen, das mit Verwaltungsvertretern aller Länder besetzt ist. Der Glücksspielstaatsvertrag wird nicht konsequent umgesetzt. Für den Freistaat Bayern. Diamond mountain casino ihr sind insbesondere festzulegen. Spielhallen, die zum Zeitpunkt des Inkrafttretens dieses Staatsvertrags bestehen und für die bis zum Dem Tipico kombiwette erklärung ist bei Vertragsabschluss ein Einsichtsrecht an den Spielquittungen, die in seinem Auftrag vermittelt worden sind, einzuräumen.{/ITEM}

{ITEM-100%-1-1}Der Glücksspielstaatsvertrag wird nicht konsequent umgesetzt. Dies wiederum macht die Rechtslage höchst volatil. Die nächste Spielhalle ist nämlich keine Meter entfernt. Auf der Grundlage eines Verwaltungsabkommens ist auch eine gemeinschaftliche Aufgabenerfüllung oder eine Aufgabenerfüllung durch die Unternehmung eines anderen Landes möglich, das die Voraussetzungen des Satzes 1 erfüllt. Soziales Seniorenzentrum setzt Bingo aus Ein Seniorenzentrum in Köln hat sein wöchentliches Bingo-Spiel vorübergehend eingestellt, weil es sich möglicherweise um verbotenes Glücksspiel handelte. Mai GBL Nr. April und Drs. Die Opposition warf der Regierung vor, Vorschlägen der Lobby privater Glücksspielanbieter gefolgt zu sein, ohne die Gefahren der Spielsucht zu beachten. Andere Bundesländer kritisierten die Regelung hingegen. Die Veranstalter teilen die Sperre dem betroffenen Spieler unverzüglich schriftlich mit. Neunter Abschnitt Übergangs- und Schlussbestimmungen. Sie können weitergehende Anforderungen insbesondere zu den Voraussetzungen des Veranstaltens und Vermittelns von Glücksspielen festlegen.{/ITEM}

{ITEM-100%-1-2}The information referred to in Article 84 1 and Article 85 shall be accompanied and supplemented as soon as possible by relevant documents luxury casino agb other evidence and a reference to any administrative measures or legal proceedings, and shall specifically cover:. As producers in the new Member States have in general a lower degree of organisation than in other Member States, a higher ceiling of support should be provided in the former. Measures have to be taken to amsterdam merkur casino the effective spending of funds reserved for the system, provision being made in particular for advance payments. Article 41 Contents of the analysis report The analysis report shall include the following information: Lists containing the names and addresses of the agencies bally wulff casino online laboratories authorised in third countries sport b draw up certificates and analysis reports should be made public tapped out burns casino that the authorities in the Community which supervise the import of wine products can, where necessary, carry out the requisite checks. The notifications from the competent authorities of third countries referred to in glücksspielstaatsvertrag 1 shall contain: In order to prevent misuse of the scheme, the elements referred to in paragraphs a and c shall not in general be permitted to pay by mobile casino within the duration of the supported actions unless evidence shows that such changes allow for a better accomplishment. The officials of the body appealed to shall remain in charge of the control operations at all times. The parship kündigen adresse in the second subparagraph of paragraph 4 shall apply to such areas after the end of the experimental period or the period playgrand casino online the production of the graft nurseries, respectively. The premium is paid for the area planted, defined in registrierung windows 10 with Article {/ITEM}

{ITEM-100%-1-1}Der Reinertrag ist für gemeinnützige, kirchliche oder mildtätige Zwecke zu verwenden. Onlinespielen die Freie Hansestadt Bremen. Wie geht es mit dem Glückspielrecht und dem Glücksspielstaatsvertrag weiter? In einem gerichtlichen Verfahren kann die Revision zum Bundesverwaltungsgericht auch darauf gestützt werden, dass barcelona madrid live angefochtene Urteil auf der Verletzung der Bestimmungen dieses Staatsvertrages beruhe. November aktuelle Lesefassung SpielhG vom Im Übrigen gelten die Kostenvorschriften des jeweiligen Sitzlandes der handelnden Behörde. Juli aktuelle Lesefassung HmbSpielhG vom Pferdewetten sind Wetten aus Anlass öffentlicher Tipico kombiwette erklärung und anderer öffentlicher Leistungsprüfungen für Pferde. Die Kosten des Gutachtens sind Kosten der Lotterie. Dritter Abschnitt - Lotterien mit geringerem Gefährdungspotential.{/ITEM}

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It should therefore also be possible to use computerised and electronic procedures when issuing and using V I 1 and V I 2. With a view to facilitating trade with those third countries, provided that they have concluded undertakings with the Community which include clauses concerning closer cooperation on the prevention of fraud and that they maintain good trade relations with the Community, it is appropriate to authorise those concerned to consider documents issued by the producers themselves as documents issued by the said bodies or services of the third countries, in a manner similar to that already allowed for wines of Community origin.

In those cases, appropriate assurances should be given and proper control over the issue of such documents should be exerted. Lists containing the names and addresses of the agencies and laboratories authorised in third countries to draw up certificates and analysis reports should be made public so that the authorities in the Community which supervise the import of wine products can, where necessary, carry out the requisite checks.

In order to facilitate controls by the competent authorities of Member States, the form and, where necessary, the content of the certificate and analysis report provided for, and the requirements for their use should be laid down.

The certificate and, where appropriate, the analysis report relating to each consignment of an imported product should be checked in order to prevent fraud.

To this end, the document s must accompany each consignment until it is placed under Community control.

To take commercial practice into account, where a consignment of wine is split up, the competent authorities should be empowered to have extracts of the certificate and the analysis report drawn up under their supervision to accompany each new consignment resulting from the splitting.

In view of the need to ensure swift and effective protection of consumers, it is essential to provide for the possibility of suspending the new arrangements in the event of fraud or a health risk to consumers.

Simple rules should also be laid down regarding the documents to be produced for imports from a third country other than the country of origin of the wine product, where that product has not undergone substantial processing.

The task of the exporters and the authorities should be simplified by requiring a statement that the alcohol added to liqueur wines and wines fortified for distillation is of vinous origin to be included in the V I 1 document without requiring a separate document for this statement.

For the same reason, the V I 1 document should be permitted to serve as the certificate testifying to the designation of origin required for imports of wines eligible for a tariff reduction.

However, no certificate or analysis report is required in the case of some wines, provided a certificate of designation of origin is presented.

It should be permitted to use the V I 1 document to certify the designation of origin of the said liqueur wines and the section relating to the analysis report need not be completed.

Wine imports under concessions provided for in agreements with certain third countries are subject to the presentation of attestations, issued by official bodies or bodies officially recognised by both contracting parties and appearing on lists drawn up jointly, to the effect that the wine in question meets the conditions for access to the concessions.

The Member States should send the Commission the lists of official or 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.

To facilitate the tasks of such bodies, the lists should be provided in a suitable form and on a suitable medium. It is necessary to lay down detailed rules concerning the penalties applicable to producers who do not comply with the new regularisation or grubbing-up obligation concerning vineyards planted without a corresponding planting right before 1 September and the communications to be transmitted by Member States to the Commission in this context.

Without prejudice to earlier penalties imposed by the Member States, the penalty applicable in case of failure to comply with the obligation to grub up the unlawful area should be sufficiently high so as to incite producers to comply with the obligation.

Therefore, the penalty should be at least the equivalent of twice the average value of the grubbing-up premium.

In order to strengthen control, the possible ways of non-circulation should be limited to three cases, namely to delivery for 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.

It is appropriate to fix a deadline for the submission of the distillation contracts foreseen in that Article. To be able to effectively organise control, producers carrying out green harvesting should inform the competent authorities about their intention in due time.

In the interest of better controllability, Member States should have the possibility to foresee obligatory advance notification from the part of the producers as to which of the three ways of non-circulation they intend to use and also to further limit the choices of the producers concerning the possible ways of non-circulation.

To ensure fair and controllable use of Community budget, penalties with financial consequences should be foreseen in case Member States do not comply with communication obligations related to unlawful plantings.

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 should not be marketed.

Existing wine-growing experiments and graft nurseries should be allowed to continue, subject to the existing rules.

However, this could sometimes lead to an excessive administrative burden being imposed due to the large number of such cases in certain Member States.

Accordingly, Member States should be permitted to also allow such areas to exist even if no planting rights have been granted in respect of them, provided that, in order to prevent disturbance of the market balance, the areas concerned are small and that the vine grower is not engaged in commercial wine production.

The areas and producers concerned should be subject to appropriate monitoring and sanctions, including the grubbing up of such areas, in cases where the provisions are not observed.

To the same end, no replanting rights should be granted in respect of the grubbing-up of areas for which new planting rights have been granted for purposes other than the commercial production of wine.

Such a grant should only be made if the producer concerned does not possess sufficient planting rights to plant an area corresponding to the surface he intends to grub up.

Any such grant of replanting rights on the basis of such an undertaking should be accompanied by the lodging of a security to ensure that the undertaking to grub up is carried out.

During the period of coexistence of the newly planted area and the area to be grubbed up, in order to avoid disturbance of market balance, only one such area should be permitted to produce wine to be marketed.

In order to avoid disturbance of the market balance, the transfer of rights via a reserve system should not lead to an overall increase in production potential on the territory of the Member States.

A similar prohibition of increasing the production potential has already been provided for in the case of transfer of rights between holdings in Article 92 5 of that Regulation.

In these situations, Member States may apply a reduction coefficient in respect of transfers of rights. In this situation a Member State may provide for the implementation of the reserve system in parts of its territory and another effective system in other parts of its territory.

Member States wishing to use the option under that Article should be able to prove that such a system exists and to demonstrate the need for any derogation from the provisions of Chapter I of Title V of that Regulation.

It is appropriate to foresee that Member States intending to avail themselves of this possibility communicate this to the Commission in due time.

To enable authorities to verify whether an area is properly tended, beyond the obligatory on-the-spot checks, proofs about the production of the given vineyard should be foreseen.

This should be done through the presentation of harvest declarations of the preceding years, or, if the harvest declaration is not available due to well justifiable reasons, by other means foreseen by the Member States for this purpose, the trustworthiness of which has to be thoroughly verified by the Member States.

This exemption should cover terraces established for reasons of steepness of the slope which would make cultivation without terraces too difficult or would lead to serious erosion problems.

It is appropriate to lay down criteria for areas that may be subject to such exclusions, based on generally accepted professional standards.

Furthermore, according to Article 5 and 6 of that Regulation, Member States may also exempt areas based on environmental concerns and Greece may exempt areas planted with vines on the Aegean islands and the Greek Ionian islands, with the exception of Crete and Eubia.

These exemptions should be well founded and regularly communicated to the Commission. In view of the experience gained under the application of the former permanent abandonment measure, the system of the scales of the premium should be retained.

In view of subsidiarity, Member States should be made responsible for the administrative arrangements concerning the application procedure for the grubbing-up premium.

They should be free to determine the date until which they request producers to complete the grubbing-up measure, so as to have sufficient time for the necessary control before payments, which have to take place by 15 October.

In order to allow for efficient use of the funds reserved for the grubbing-up measure, Member States should foresee a system that permits verification whether the applications for the premium are well founded, including, if appropriate, a written undertaking to be made by the producer and the obligation to bear the costs incurred concerning the treatment of its request in case the application is withdrawn without duly justified reason.

In the interests of verification, payment of the premium should be made only once grubbing up has been carried out. It is appropriate to request Member States to communicate such a decision to the Commission.

In this context, it is necessary to lay down the details of the information to be set out in the inventory referred to in Article of that Regulation.

To create a more uniform basis for payments of the support of restructuring and conversion of vineyards, the green harvesting and the grubbing-up premium, it is appropriate to define, on Community level, rules on the measurement of areas, namely to determine what corresponds to the area planted with vines.

Those measures should involve both specific checks and sanctions laid down at the Community level as well as additional national checks and sanctions.

The checks and sanctions should be dissuasive, effective and proportionate. Any control related to the production potential should be based primarily on the vineyard register.

Taking into account the importance of controlling the production potential and the funds involved in the grubbing-up scheme, systematic on-the spot verification of the areas concerned should be foreseen both before and after the execution of the grubbing-up.

However, for Member States disposing of a reliable graphical tool and updated information about the area concerned, it should be possible to do the control before the grubbing-up administratively.

As for the control after grubbing-up, remote sensing can be used to verify that vines have actually been grubbed up and therefore its use should be permitted for this ex post stage of control.

In view of the difficulties in calculating area through remote sensing, this method should be authorised only in cases of grubbing up of entire vineyard parcels or if the resolution of the remote sensing is equal or better than 1 m 2.

In any case, at least either the control before or the one after the grubbing up should be carried out actually on the spot. For the purpose of the uniform application of wine-sector provisions, rules should be adopted with the aim of specifying the control procedures already in force at national and Community level, on the one hand, and ensuring direct collaboration between the bodies responsible for wine-sector controls, on the other.

There should be rules governing the way in which the national bodies and the Commission assist each other in ensuring the correct application of wine-sector rules.

Such rules should not hinder the application of specific provisions on Community expenditure, on criminal matters or on national administrative penalties.

Member States should ensure the effectiveness of the work of the bodies responsible for wine-sector controls. To that end, they should designate a body responsible for liaison between them and with the Commission.

It is also vital that control operations are coordinated between the competent bodies in all Member States where wine-sector controls have been split up between several competent bodies.

To help the uniform application of the rules throughout the Community, Member States should take the necessary steps to ensure that the staff of the competent bodies has adequate powers of investigation to guarantee compliance with the rules.

Such a situation calls for a greater harmonisation of control methods and closer collaboration between the various bodies responsible for controls.

The rules governing that liaison and assistance must be drawn up. In view of the complex nature of certain matters and the urgent need to settle them, it is vital that a competent body requesting assistance can, in agreement with the other competent body, have authorised agents designated by it present when investigations are carried out.

In the event of a serious risk of fraud or of fraud affecting one or several Member States, the various bodies concerned must be able to implement automatically an unsolicited assistance procedure.

In view of the nature of the information exchanged under this Regulation, it should be covered by professional confidentiality. The use of reference isotopic analysis methods will ensure more effective control of wine product enrichment or the discovery of the addition of water to such products or, used with the results of the analysis of other isotopic characteristics of such products, it will help to verify conformity with the origin indicated in their name.

With a view to making interpretation of the results of such analysis easier, it should be possible to compare those results with results obtained previously using the same methods during the analysis of products with similar characteristics and authenticated origin and production.

In order to facilitate interpretation of the results obtained from such analyses carried out in Community laboratories equipped for the purpose and to guarantee that the results obtained in such laboratories are comparable, uniform rules should be drawn up for taking grape samples and for the vinification and storage of such samples.

To guarantee the quality and comparability of analytical data, a system of recognised quality standards should be applied to the laboratories designated by Member States to carry out the isotopic analysis of samples for the databank.

Isotopic analysis is an analytical method used for the control and for combating fraud in the wine sector requiring highly special scientific knowledge and technical equipment.

Most of the Member States that acceded to the Community in or are not equipped to carry out this method. In order to ensure a uniform application of control procedures, the Joint Research Centre should carry out the analysis for those Member States for a period until they are fully equipped and competent to execute the task.

Isotopic analysis of wine-sector products and interpretation of the results are delicate procedures and, in order to permit uniform interpretation of such analysis results, the JRC databank should be made accessible to official laboratories using that analytical method and, on request, to other official bodies in the Member States while respecting the principles of the protection of private data.

Those rules should be taken over and the taking of samples for the Community databank should be deemed to be an instance of the taking of samples of a wine-sector product as part of the system of direct liaison between bodies.

The requesting official should have access to the samples taken and be able to specify the laboratory where they are to be analysed.

Such rules should guarantee representativeness and the possibility of verifying the results of official analyses throughout the Community.

To simplify the administration of expenditure relating to the taking and dispatch of samples, analysis and organoleptic testing and employing the services of an expert, the principle should be established that such expenditure is to be borne by the body ordering the sampling or the services of the expert.

The conclusive force of the findings from controls carried out pursuant to this Regulation should be specified. To guarantee the smooth operation of controls and grape sampling in vineyards provisions should be adopted to prevent interested parties from obstructing controls concerning them and to oblige them to facilitate sampling and provide the information required pursuant to this Regulation.

Provisions should be laid down concerning the type, format and means of communications necessary to implement this Regulation. These should include communications from Member States to the Commission.

To ensure fair and controllable use of Community budget, penalties with financial consequences are to be foreseen in case Member States do not comply with communication obligations.

Information necessary for the verification and auditing of the implementation of the provisions of this Regulation should be retained by Member States for inspection for an appropriate period.

In order to avoid undue administrative burden, Member States should be allowed to pay the insurance support to producers through insurance companies in accordance with certain conditions.

Provisions should be made for resolving cases of obvious error, force majeure and other exceptional circumstances to ensure fair treatment of producers.

Rules for artificially created situations should be provided for in order to avoid any benefit being derived from such situations. The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its chairman,.

Member States shall make available to the Commission by electronic means their draft support programme using the template set out in Annex I to this Regulation.

Member States shall submit similarly their financial planning for the draft support programme referred to in paragraph 1 to the Commission in the form set out in Annex II.

Member States shall notify the Commission their legislation related to the draft support programmes referred to in the first subparagraph once adopted or modified.

Member States deciding to set up their support programme including regional particularities may also submit details by region in the form set out in Annex III to this Regulation.

Except in cases of emergency measures due to natural disasters, changes in respect of support programmes shall not be submitted more than twice per financial year.

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:.

The beneficiaries must have enough capacity to face the specific constraints of trade with third countries and have resources to ensure that the measure is implemented as effectively as possible.

Member States shall in particular check that enough products in terms of quality and quantity will be available to ensure answering the market demand in the long run after the promotion operation.

The beneficiaries may be private companies as well as professional organisations, producer organisations, inter-branch organisations or, where a Member State decides so, to public bodies.

In any event, Member States shall not make a public body the sole beneficiary of the promotion measure. In order to prevent misuse of the scheme, the elements referred to in paragraphs a and c shall not in general be permitted to change within the duration of the supported actions unless evidence shows that such changes allow for a better accomplishment.

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:.

Once having examined the applications Member States shall select those offering the best value for money and draw up a list within the limit of available funds and shall communicate them to the Commission using the form set out in Annex VIII in order to allow the other Member States to be informed and to increase coherence of the measure.

Two or more Member States may decide to select a joint promotion operation. They shall undertake to contribute to the financing and agree on administrative collaboration procedures to facilitate the monitoring, implementation and checking.

Member States may provide for support to be advanced before any operation has been implemented, provided that the beneficiary has lodged a security.

Member States may establish further specifications, especially as regards to the age of the vineyards replaced. Member States may lay down a minimum size of the area which may qualify for support for restructuring and conversion, and a minimum size of area resulting from restructuring and conversion and any derogation from this requirement which shall be duly justified and based on objective criteria.

The rules may provide in particular for the payment of flat-rate amounts, for maximum levels of support per hectare and for the adjustment of support on the basis of objective criteria.

In case planting rights used do not result from the restructuring operation and in order to avoid distortion of competition, the support shall be reduced accordingly to take into account the fact that the used planting rights have not caused any grubbing-up cost.

The support is paid for the area planted, defined in conformity with Article 75 1. Support shall be paid once it is ascertained that either a single operation or all the operations covered by the support application, according to the choice made by the Member State for the management of the measure, have been implemented and controlled on-the-spot.

As an exception to paragraph 1, the Member States may provide for support for a given operation, or for all the operations covered by the support application, to be advanced to producers before that any operation has been implemented, provided that implementation has begun and the beneficiary has lodged a security.

In order for support to be paid in advance, any previous operation carried out on the same area, for which the producer also received support in advance, must have been fully implemented.

If checks show that the measure covered by the aid application, and for which an advance has been paid, has not been fully implemented, the Member States may decide to apply a penalty.

In addition, the area of any parcel supported with green harvesting shall not be counted when calculating the yield limits set in the technical specifications of wines with a geographical indication.

In order to ensure that no more marketable grapes are left in the supported parcel, all controls shall take place between 15 June and 31 July of each year and, in any case, they will be complete by the normal time of Veraison Baggiolini stage M, BBCH stage 83 in any given area.

Green harvesting shall not be applied on the same parcel for two consecutive years. In case of complete or partial damage occurring between the payment of the green harvesting support and the harvesting period, no harvest insurance financial compensation of the loss of income may be granted for the area already supported.

Member States shall lay down the application procedure shall in particular provide for the applicable premium to the producer concerned and the information required to accompany the application.

The application shall contain details on the area, the average yield, the method to be used as well as the grape variety and the type of wine produced from it.

Member States shall verify whether the applications are well founded. For this purpose, they may foresee that a written undertaking of the producer is lodged upon application.

In case the application is withdrawn without duly justified reason they may provide for the producer concerned to bear the costs incurred concerning the treatment of its request.

Each year Member States shall calculate the direct costs of green harvesting according to the different methods manual, mechanical and chemical that they allow in relation to Article 12 1 a iii.

In case more than one method is used on the same given area, compensation shall be calculated on the basis of the cheapest method.

The Member States shall define the loss of revenue caused by green harvesting on the basis of objective and non-discriminatory criteria. 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:.

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Wenn der Jackpot versichert ist. Hannoversche Allgemeine Zeitung , 19th August Retrieved 25 January Retrieved 5 July Hamburger Abendblatt in German.

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