WHEREAS , HOWEVER , BY VIRTUE OF ARTICLE 39 ( 5 ) OF REGULATION ( EEC ) NO 337/79 , PRODUCERS IN CERTAIN ZONES ARE NOT SUBJECT TO THE OBLIGATION IN QUESTION ; WHEREAS , IN THE ABSENCE OF PRECISE INFORMATION ON THE ALCOHOLIC STRENGTH OF WINES FOR THE COMING WINE-GROWING YEAR , THIS DETERMINATION MAY BE MADE BY REFERENCE TO THE AVERAGE STRENGTHS RECORDED IN THE WINE-GROWING ZONES CONCERNED IN PREVIOUS WINE-GROWING YEARS , TAKING INTO ACCOUNT IMPROVEMENTS IN QUALITY ; WHEREAS , HOWEVER , IT IS NECESSARY TO ALLOW FOR THE POSSIBILITY OF ALTERING THE ALCOHOLIC STRENGTH REFERRED TO ABOVE BEFORE THE DATE ON WHICH DISTILLATION OF THE WINE COMMENCES TO TAKE ACCOUNT OF THE QUALITY OF THE VINTAGE ; WHEREAS , MOREOVER , EXPERIENCE HAS SHOWN THAT PROVISION SHOULD BE MADE FOR THE ADOPTION OF DIFFERENT ALCOHOLIC STRENGTHS FOR ADMINISTRATIVE UNITS WHICH , HAVING SUFFERED FROM EXCEPTIONALLY BAD WEATHER CONDITIONS , ARE RECOGNIZED AS DISASTER AREAS BY MEMBER STATES ;
WHEREAS , IN ORDER TO ENSURE THAT ARRANGEMENTS ARE FULLY EFFECTIVE , PROVISION SHOULD BE MADE FOR CERTAIN TIME LIMITS ON THE OPERATIONS TO BE CARRIED OUT BY PRODUCERS AND DISTILLERS ; WHEREAS IT IS ALSO ADVISABLE TO SPECIFY WHAT CONSTITUTES PROOF IN RESPECT OF THE DELIVERY OF MARC , LEES AND WINE TO DISTILLERS , SUCH PROOF TO VARY ACCORDING TO WHETHER THE DISTILLER IS ESTABLISHED IN THE SAME MEMBER STATE AS THE PRODUCER OR IN ANOTHER MEMBER STATE ;
WHEREAS EXPERIENCE HAS SHOWN THAT IT IS NOT ALWAYS EASY FOR PRODUCERS TO CALCULATE EXACTLY THE QUANTITY OF PRODUCTS WHICH THEY MUST DELIVER TO MEET THEIR OBLIGATIONS ; WHEREAS THE EXPIRY OF THE TIME LIMIT FOR MAKING DELIVERIES SHOULD NOT MEAN THAT PRODUCERS WHO HAVE DELIVERED ALMOST ALL THE REQUIRED QUANTITY AND HAVE ONLY MINOR ADJUSTMENTS TO MAKE ARE PENALIZED DISPROPORTIONATELY TO THE INFRINGEMENT INVOLVED , PARTICULARLY HAVING REGARD TO THE APPLICATION OF ARTICLE 6 ( 1 ) OF REGULATION ( EEC ) NO 337/79 ; WHEREAS TO THIS END SUCH PRODUCERS SHOULD BE CONSIDERED AS HAVING FULFILLED THEIR OBLIGATION WITHIN THE REQUIRED TIME IF THEIR INTERVENTION AGENCY AUTHORIZES THEM TO DELIVER ANY REMAINING QUANTITIES OF PRODUCTS UNDER ARRANGEMENTS TO BE FIXED BY THE AGENCY ; WHEREAS , HOWEVER , QUANTITIES OF PRODUCTS DELIVERED AFTER THE TIME LIMIT HAS EXPIRED SHOULD NOT BE ELIGIBLE FOR FINANCING BY THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND ;
WHEREAS , AS REGARDS APPROVAL OF DISTILLERS , CERTAIN CONDITIONS SHOULD BE LAID DOWN REGARDING THE QUALITY OF THE FINAL PRODUCT ;
WHEREAS STEPS SHOULD BE TAKEN TO ENSURE THAT , IN THE EVENT OF THE BY-PRODUCTS OF WINE-MAKING BEING WITHDRAWN UNDER SUPERVISION IN ACCORDANCE WITH ARTICLE 7 OF REGULATION ( EEC ) NO 349/79 , A BALANCE IS MAINTAINED VIS-A-VIS PRODUCERS WHO MEET THE OBLIGATION REFERRED TO IN ARTICLE 39 ( 2 ) OF REGULATION ( EEC ) NO 337/79 ;
WHEREAS THE NEED TO IMPROVE THE QUALITY OF WINE REQUIRES THAT ALL MARC AND LEES BE DISTILLED ; WHEREAS