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

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
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 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,