Planting authorizations within the framework of a rural lease

Published on May 15, 2019

Business Law

Whether you are the landlord or tenant of a rural lease, operating as a company or as an individual, planting or replanting is subject to conditions. Here are the conditions for planting authorizations within the framework of a rural lease.

1. PLANTING AUTHORIZATIONS
Legal basis:

– The Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 (which created the new legal framework).

– Commission Delegated Regulation (EU) 2015/560 of 15 December 2014 (supplements Regulation (EU) No 1308/2013)

– The Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings.

New name: Today we speak of planting authorization.

Period of application of the regulations: This new regime is intended to apply from January 1, 2016 to December 31, 2030.

The objective pursued by this new ornamentation: Allow a limited growth of the wine production potential of the Member State

Types of wines concerned:

– Protected Designation of Origin (PDO)

– Protected Geographical Indication (PGI)

– Without geographical indication (VSIG)

Duration of authorizations: 3 years from the date they are issued

Characteristics of authorizations:

– They concern “vines of wine grape varieties classified in accordance with Article 81, paragraph 2” of Regulation No. 1308/2013

– They are granted for a specific area, expressed in hectares

– They are granted free of charge

– Their non-use within the 3-year period leads to their expiry and subjects the producer to penalties set out in Article 89, paragraph 4 of Regulation (EU) No. 1306/2013

– They are non-transferable but can in certain cases be transmitted

Major change concerning candidates for planting authorizations:

– Until December 31, 2015, under the provisions of Regulation (EC) No. 1243/2007 “Single CMO”, planting rights could be granted to an owner and appear in their portfolio of rights, whether they are an operator or not.

– As of January 1, 2016, only the producer may be granted planting authorizations.

Or submit the authorization requests: Requests must be submitted on the Vitiplantation website, a single, dematerialized portal shared by FranceAgriMer and INAO. Vitiplantation is synchronized with the Computerized Vineyard Register (CVI).

Application of regulations over time: Since the planting and replanting rights system ended on December 31, 2015, unused rights still valid on that date can be converted into authorizations.

These rights may be converted until December 31, 2020.

2. PLANTING AUTHORIZATIONS WITHIN THE FRAMEWORK OF A RURAL LEASE
1- The case of the lessor

As of January 1, 2016, a landlord who is not an operator cannot be granted a planting authorization.

The lessor cannot therefore be a candidate for the issuance of a planting authorization.

The planting rights he owned can only be converted into a planting authorization and transferred to the CVI account of the tenant, who alone meets the definition of producer within the meaning of European regulations.

2- The case of the tenant

The tenant may obtain a planting authorization in several cases.

* Authorization for new planting :

For the 2019 campaign, the regional limitations on the number of hectares made available for the issuance of new planting authorizations were set in the appendix to the decree of February 28, 2019 relating to the implementation of the planting authorization system for managing wine production potential.

Step 1: A new planting request for campaigns from 2018 onwards must be submitted via Vitiplantation by the producer between March 15 and May 15

Step 2: The notification of the authorization is obtained no later than August 1 following the request.

Silence maintained by FranceAgrimer on a request for authorization for new planting constitutes a decision of rejection (Article R.665-6-1 of the rural code)

* Replanting authorization:

Preliminary step: A declaration of uprooting must be made to the customs viticulture department

Warning: Any uprooting carried out after January 1, 2016 does not generate a right to replanting in the CVI but only a "uprooted area"

Step 1: A replanting request must be made via Vitiplantation by the producer before the end of the 2nd campaign following that of the date of the uprooting.

Precision: Beyond this deadline, the uprooted area will no longer allow obtaining an authorization

Step 2: If the replanting request corresponds to the uprooted area, authorization is almost automatic. Replanting is only valid for the farm that was uprooted.

However, if the uprooting took place in a restricted area following the identification of a risk of significant depreciation, replanting is only possible if the plot was uprooted in the same restricted area

* Conversion of a planting right into a planting authorization:

The tenant may be granted planting authorizations following the conversion of the lessor's planting rights into planting authorizations. They become the sole beneficiary.

Preliminary step: The tenant must inform their landlord before any request.

Step 1: A conversion request must be made via Vitiplantation no later than December 31, 2020. The validity period of the authorization is equivalent to the remaining validity period of the converted planting right.

Step 2: The authorizations resulting from the conversion will appear on the Vitiplantation account and on the CVI account of the tenant, who alone meets the definition of producer.

At the end of the lease or in the event of termination of the lease by either party, the tenant retains the planting authorizations held in their CVI.