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planting rights

Term for a temporary right, for an agricultural area vines to plant. It is in detail in EU regulations as well as in the wine laws regulated by the EU member states. Previously assigned limited planting rights to each member state. This should guarantee a stable and balanced development of the vineyards and prevent unbridled growth. After individual member states had almost completely exhausted their planting rights, they were traded on the open market. In the wake of the reform of the wine market regulation, the European Commission proposed in 2008 that the system be phased out, as the cost of a plant law constituted a competitive disadvantage for European winegrowers compared to producers in Australia, California and South Africa, where planting rights are unknown. The phasing out of planting rights was therefore set from the beginning of 2016 in the EU wine market regulation in 2009.

After just two years, many countries realized that unbridled planting in the EU has major disadvantages. In addition, the European Union had in the context of the three-year clearing action Between 2008 and 2011, more than € 1.2 billion was spent on clearing around 160,000 hectares of vineyards. Without planting rights there would have been a danger that these areas would be replanted. Many countries have therefore called for a reintroduction of planting rights. A commission established that as of 31 July 2012, EU member states had 296,141 hectares of free planting rights, which would allow vineyards to be expanded very quickly. In addition, a very different interpretation of the rules has been found in each country. This resulted in the need for a new unified system.

In December 2013, the EU bodies agreed on a "new approval system for vine plantations" as of 1 January 2016. A license is required for each planting. It is differentiated between planting "with" and "without" previous clearing. Similar to the old replanting law, a plant in the size of a cleared area can replant. But this is fact-bound and must be done within three years. A transfer of the rights or a trade is excluded. The application subject to application without prior clearing is limited to 1% of the total area per year (in Austria this is a maximum of 450 hectares).

Already granted plant rights ex old system can be converted into a permit. The criteria for the award are set by the EU and provide opportunities for the selection of specific groups such as: As young entrepreneurs, organic farms, planting in naturally disadvantaged areas, planting in steep or terraced areas or Land regrouping measures, The member states of the European Union must define the desired ones and coordinate the allocation of the land in their country (source: The Winzer 5/2014, see further wine information under wine law,

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