Commission Regulation (EC) No 1649/96 of 16 August 1996 on the transitional measures applicable in Austria in the wine sector for the 1996/97 wine year

COMMISSION REGULATION (EC) No 1649/96 of 16 August 1996 on the transitional measures applicable in Austria in the wine sector for the 1996/97 wine year
THE 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 1592/96 (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), postponed the whole application of important market management measures;
Whereas the compulsory distillation measures imposed on Community table wine producers pursuant to Article 39 of Regulation (EEC) No 822/87 require the setting up of a large administrative organization; whereas, moreover, if the measure in question were to be initiated in Austria its impact would be negligible given the small proportion of table wine by comparison with quality wine; whereas, therefore, producers should be exempted from that distillation obligation for the 1996/97 wine year; whereas, however, given that they could be eligible for other forms of voluntary distillation, a distillation price and an ad hoc wine quantity should be fixed for Austrian producers taking account of the possibility that compulsory distillation may not be applied;
Whereas, to smooth the transition from the former national arrangements to the Community arrangements and to ensure stability on the market in Austrian wines, wine producers in Austria should be exempted from the distillation obligation laid down in Articles 35 and 39 of Regulation (EEC) No 822/87 and at the same time special provisions appropriate to that situation should be adopted;
Whereas, to respond to the current absence of suitable distillation structures for wine-making by-products in Austria, that Member State's producers should be exempted from the distillation obligation laid down by Article 35 of the above Regulation and at the same time, in order to establish equitable treatment for all Community producers, they should be obliged to withdraw those by-products under supervision;
Whereas the overpressing of grapes, whether crushed or not, and of wine lees should also be avoided; whereas the marcs and lees withdrawn under supervision must present the minimum characteristics required by Commission Regulation (EEC) No 3105/88 (4), as last amended by Regulation (EC) No 2365/95 (5); whereas the impact of that operation should be equivalent to that of normal legal instruments;
Whereas the development of the situation on the Austrian wine market, and in particular the current phase of transition to the Community arrangements, should be monitored with a view to facilitating that transition;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,