14.11.2008 Official Journal of the European Union L 303/5 COMMISSION REGULATION (EC) No 1123/2008 of 12 November 2008 fixing a single percentage for acceptance of the amounts notified by the Member States to the Commission concerning the applications for the grubbing-up premium THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EQ) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing  Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (1), and in particular Article 102(4) thereof, Whereas: (1) The eligible applications notified by the Member States to the Commission by 15 October 2008 according to Article 102(2) of Regulation (EC) No 479/2008 exceed the maximal annual budget for the grubbing-up scheme for the 2008/2009 wine year, i.e. EUR 464 million, as laid down in Annex VII to that Regulation. Therefore, a single percentage for acceptance of the amounts notified actually should be fixed. (2)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION: Article 1 Grubbing-up applications notified to the Commission under Article 102(2) of Regulation (EC) No 479/2008 shall be accepted for 45,9 % of the amounts covered. The budget limits for the Member States concerned are laid down in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 November 2008. () O] L 148, 6.6.2008, p. 1. For the Commission Mariann FISCHER BOEL Member of the Commission