Planting right

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The right to plant vines (only applies to wine grapes ) is known for a limited period of time for an agricultural area . This planting right is regulated in EU regulations and in the wine laws of the member states of the European Union . The total area on which vines are allowed is limited. In Germany, the federal states are responsible for carrying out the approval process for new or replanting or acquiring planting rights .

Legal Regulations

EU-wide

In general, there is a temporary ban on vine planting in the EU until December 31, 2015, exceptions only apply to areas with planting rights. Each country was assigned planting rights via a key. This means that the federal states can also grant new planting rights. However, these may only be awarded under certain conditions, e.g. B. for experimental purposes. Only when the operation for the area a new planting, replanting one or planting rights from the reserve has, vines must be set to the out of their grapes obtained wine to bring in traffic. New planting is understood to mean planting vines on an area that was not previously planted with vines. On the other hand, there is replanting if the area has been lying fallow for a longer period due to clearing of the vineyard (max. 13 years) and is to be replanted with vines. This legal right to replanting arises when the clearing has been properly reported to the responsible body. If winemakers give up their areas and thus their legal right to replanting, the planting rights revert to the so-called reserve. However, they then expire if they are not used by other winemakers within 5 years.

Basically the following applies to the planting law:

  • Planting rights are acquired from the company that clears a vineyard. Member States can stipulate that it may only be practiced on the area that has been cleared.
  • If a lawfully planted area is cleared without claiming a clearing premium, there is a max. 13 years of replanting rights. If not used, the right to plant expires.
  • Planting rights for steep slopes cannot be transferred to flat sites.
  • Planting rights from the reserve can be acquired for arable land. They are given free of charge to young winemakers up to the age of 40 and for a fee to others.

In Germany

The implementation of the EU regulations relevant to planting law is regulated in Germany in the Wine Act. The implementation is in the hands of the chambers or offices of agriculture . All federal states can determine the concrete procedure themselves by passing statutory ordinances , which in detail has led to different handling of the states. So z. B. in Hesse the right to plant a fallow area after 8 years already in the reserve and thus falls out of the operating account. This is intended to preserve as many planting rights as possible. Upon request, planting rights can be transferred to other areas of the same or another company.

Individual evidence

  1. ↑ Regulation (EC) 479/2008, Title V, Chap. 2, Art. 90 (1); As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  2. ↑ Regulation (EC) 479/2008, Title V, Chap. 2, Art 91; As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  3. ↑ Regulation (EC) 479/2008, Title V, Chap. 2, Art. 90 (3); As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  4. ↑ Regulation (EC) 479/2008, Title V, Chap. 2, Art. 94 (4); As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  5. ↑ Regulation (EC) 479/2008, Title V, Chapter 2, Art. 92 (4); As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  6. ↑ a b Dr. Joachim Frantz: Regulations under cultivation law when planting a vineyard. Bad Kreuznach 2006 as a PDF download
  7. ↑ Regulation (EC) 479/2008, Title V, Chapter 2, Art. 94 (1); As a PDF download: EU Commission page: EU legal regulations on the subject of wine
  8. ↑ Information sheet Darmstadt Regional Council: Renunciation of Planting Rights, 2006; PDF download ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.brw-eltville.de

literature

  • Kadisch, Werner; Müller, Edgar: The winemaker 1 / viticulture. Textbook and workbook. 2nd edition, Ulmer-Verlag Stuttgart, 1999, ISBN 9783800112166
  • Council Regulation (EC) No. 491/2009 of 25 May 2009

Web links