Council Regulation (EC) No 2468/96 of 17 December 1996 amending Regulation (EEC) No 2046/89 laying down general rules for distillation operations involving wine and the by-products of wine-making

COUNCIL REGULATION (EC) No 2468/96 of 17 December 1996 amending Regulation (EEC) No 2046/89 laying down general rules for distillation operations involving wine and the by-products of wine-making
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), and in particular Articles 35 (7), 36 (5), 38 (4), 39 (8), 41 (8) and 42 (4) thereof,
Having regard to the proposal from the Commission,
Whereas any application for aid from a distiller must, in cases of compulsory distillation, be accompanied by evidence to show that the minimum buying-in price for the distillation in question has in fact been paid to the producer; whereas, taking into account the characteristics peculiar to the distillation of the by-products of wine-making, Member States should be permitted, following the Commission's agreement, to apply simplified procedures for submission of the evidence in question for this type of distillation;
Whereas, for operational effectiveness, Member States should no longer be able to choose to apply the standard prices only but distillers should be allowed, subject to certain conditions, to benefit from variations in the alcohol buying-in price according to raw material distilled; whereas, however, with a view to taking into account certain administrative implications of this provision in Spain, it is appropriate that provision be made, by way of derogation, for a transitional period for the provision to be applied in that Member State;
Whereas the distiller is a channel for distributing aid to the producer through the payment of a minimum buying-in price for products to be distilled; whereas retrospective checks on aid applications from distillers sometimes bring to light errors or lack of precision on the part of the harvesters of the grapes or producers of the wine; whereas the liabilities arising therefrom should therefore be assumed by such harvesters or producers; whereas, to this end, it should be possible for the amount of aid wrongly paid to be recovered, subject to conditions to be determined, from the wine producer;
Whereas Regulation (EEC) No 2046/89 (2) should be amended accordingly,