160Article 2(2) and (3) of Regulation No 1493/1999, as amended by Regulation No 479/2003, reads as follows:2.Grapes obtained from areas:(a) where vines have been planted before 1 September 1998,and(b) whose production, according to Articles 6(3) or 7(4) of Regulation (EEC) No 822/87, could only be disposed of by distillationmay not be used for producing wine which is to be marketed. Products made from such grapes may be put into circulation only for the purposes of distillation. However, these products may not be used in the preparation of alcohol having an actual alcoholic strength by volume of 80% vol or less.3.Where a Member State has compiled the inventory of wine production potential in accordance with Article 16, it may derogate from paragraph 2 of this Article. Such a derogation shall be granted by 31 July 2008 and shall involve permission being granted for the areas concerned to produce wine which is to be marketed.The derogation shall be granted:(a) where the producer concerned had previously grubbed up other vines on an equivalent area in terms of pure crop except in cases where the grower concerned has received a premium for grubbing-up under Community or national legislation in respect of the area concerned;…’
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