CELEX: 31995R2364
Language: en
Date: 1995-10-09
Title: Commission Regulation (EC) No 2364/95 of 9 October 1995 fixing the prices and rates of the aid for preventive distillation referred to in Article 38 of Regulation (EEC) No 822/87 in Austria for the 1995/96 wine year

Avis juridique important

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31995R2364

Commission Regulation (EC) No 2364/95 of 9 October 1995 fixing the prices and rates of the aid for preventive distillation referred to in Article 38 of Regulation (EEC) No 822/87 in Austria for the 1995/96 wine year  

Official Journal L 241 , 10/10/1995 P. 0015 - 0016

COMMISSION REGULATION (EC) No 2364/95 of 9 October 1995  fixing the prices and rates of the aid for preventive distillation referred to in Article 38 of  Regulation (EEC) No 822/87 in Austria for the 1995/96 wine yearTHE COMMISSION OF  THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 149  (1) thereof, Whereas Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the  market in wine  (1), as last amended by Regulation (EC) No 1544/95  (2), lays down the basic rules  for the management of the market in that sector; whereas, in particular, Article 1 (6) thereof lays  down that the wine year lasts from 1 September to 31 August; Whereas, by virtue of the abovementioned Act of Accession, the common organization of the market in  wine has applied in Austria since the moment of accession; whereas, however, the Commission, by  Regulation (EC) No 1834/95 of 26 July 1995 on transitional measures applicable in Austria in the  wine-growing sector  (3); fixed the specific market management measures for the 1995/96 wine year,  in particular concerning exemptions from the distillation measures referred to in Articles 35 and  39 of Regulation (EEC) No 822/87; whereas that Regulation provides that, for preventive  distillation, the Commission must, in establishing the quantities of wine concerned, the prices and  aids in Austria, take account of the impact of that exemption on producers' incomes in that Member  State; Whereas it is currently impossible to know whether compulsory distillation will take place;  whereas, therefore, the prices should be fixed at 80  % of the amounts provided for in Annex III of  Commission Regulation (EC) No 1848/95  (4), the aids should also be adjusted and at the same time a  mechanism should be provided for which will rule out any discriminatory treatment in the event that  there is no compulsory distillation; Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Wine, HAS ADOPTED THIS REGULATION: Article 1 By derogation from Regulation (EC) No 1848/95, the prices and aids  relating to the distillation provided for in Article 38 of Regulation (EEC) No 822/87 for Austria  for the 1995/96 wine year shall be those included in the Annex hereto. However, if there is no compulsory distillation for the 1995/96 wine year: -  the intervention agency shall pay to the distiller before 30 April 1996 the difference between  the Community aids and the aids for Austria for the quantities delivered, -  the distiller shall pay to the producer the difference between the Community prices and the  prices for Austria for the quantities delivered and before the above date. Article 2 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 9 October 1995. For the Commission Franz FISCHLER Member of the Commission  ANNEX >TABLE>