Levels of support

1. Subject to the provisions of Article 103q of Regulation (EC) No 1234/2007 and of this Chapter, Member States shall lay down rules setting out the eligible restructuring and conversion actions and their respective eligible costs. The rules shall be designed to ensure that the objective of the scheme is met.

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

2. In order to avoid overcompensation, where Member States make use of flat rate amounts, these shall be established on the basis of an accurate calculation of the actual costs of each type of operation. Flat rate amounts may be adapted annually if justified.

3. The support is paid for the area planted, defined in conformity with Article 75(1).’;

Article 10 is deleted;

Articles 26 to 34 are deleted;

in Article 35, paragraph 6 is replaced by the following:

‘6. Member States deciding to transfer, for 2014 and from 2015 onwards, the entire amount of their national envelope for the support programmes in order to increase their national ceilings for direct payments referred to in Article 40 of Regulation (EC) No 73/2009, shall not be required to submit the forms set out in Annexes V to VIIIc to this Regulation.’;

in Article 43(2), the introductory phrase of the second subparagraph is replaced by:

‘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, part A, 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:’;

Article 45 is amended as follows:

paragraph 1 is replaced by the following:

‘1. V I 1 documents made out by wine producers in the third countries listed in Annex XII, Part B, 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.’;

in the first subparagraph of paragraph 2, point (a) is replaced by the following:

in box 1, their names and addresses and their registration numbers in the third countries listed in Annex XII, Part B;’;

Articles 67 to 73 are deleted;

in Article 77, paragraph 5 is replaced by the following:

‘5. Concerning measures foreseen by Article 103u of Regulation (EC) No 1234/2007, Article 24(1) to (3) and (6), and Article 26(1) and (2) of Commission Regulation (EU) No 65/2011 ( *3 ) shall apply mutatis mutandis .

( *3 ) OJ L 25, 28.1.2011, p. 8 .’;"

Article 81 is amended as follows:

paragraphs 3 and 5 are deleted;

paragraph 4 is replaced by the following:

‘4. The control that the grubbing-up, including as an operation of restructuring and conversion of vineyard, has actually taken place, shall be carried out by an on-the-spot check. In the case of grubbing-up of the entire vineyard parcel or if the resolution of the remote sensing is equal to or higher than 1 m 2 , the control may be carried out by remote sensing.’;

Annexes II, III, IV, XII, and XIII are amended in accordance with the Annex to this Regulation;

Annexes XIV and XV are deleted.

COMMISSION IMPLEMENTING REGULATION (EU) No 202/2013 of 8 March 2013 amending Regulation (EC) No 555/2008 as regards the submission of support programmes in the wine sector and trade with third countries ANNEX ‘ANNEX XII