Commission Regulation (EEC) No 499/89 of 27 February 1989 fixing the percentages of table wine production to be delivered for compulsory distillation as provided for in article 39 of Council Regulation (EEC) No 822/87 for the 1988/89 wine year

COMMISSION  REGULATION (EEC) No 499/89
of 27 February 1989
fixing the percentages of table wine production to be delivered for compulsory distillation as provided for in Article 39 of Council Regulation (EEC) No 822/87 for the 1988/89 wine year
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to 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 (EEC) No 2964/88 (2), and in particular Article 39 (9), (10) and (11) thereof,
Whereas Commission Regulation (EEC) No 441/88 (3), as last amended by Regulation (EEC) No 1596/88 (4), lays down the detailed rules for the application of compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87;
Whereas Commission Regulation (EEC) No 85/89 (5) opens compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87 for the 1988/89 wine year and fixes the total quantity to be distilled in the Community and the quantities to be distilled in the various regions;
Whereas production in the various regions should be apportioned between the various yield classes;
Whereas Article 39 (4) of Regulation (EEC) No 822/87 provides that, in the case of producers who are required to distil, the quantity to be distilled must equal a percentage to be fixed of their table wine production, such percentage being obtained from an incremental scale based on yield per hectare; whereas the percentages of the production of each such producer which must be delivered for distillation should therefore be fixed; whereas, while being based on objective criteria, those percentages must be adapted to the situation of each region; whereas the scales used must allow a quantity of table wine corresponding to the obligation provided for in Article 1 (3) of Regulation (EEC) No 85/89 to be deducted from a region's quantity; whereas that obligation applies only in the case of producers who are required to submit production declarations and who market the products concerned; whereas the yield classes should accordingly set out only the quantities covered by the production declarations on which the scale is based;
Whereas, in accordance with the provisions on the fixing of the scale provided for in the fourth subparagraph of Article 39 (4) of Regulation (EEC) No 822/87, and applicable from the 1988/89 wine year, reference must me made to the average yield of each production region when drawing up the scales;
Whereas the quantity of table wine to be distilled compulsorily during the 1988/89 wine year is not the result of a production surplus as production was lower than normal foreseeable consumption, but of a level of stocks at the beginning of the wine year which was incommensurate with market balance; whereas, in these circumstances, the application of the criteria laid down for the determination of the obligation on producers would result in a scale being adopted which is not incremental, in particular for region 4; whereas, as a consequence, a scale should be established which while being incremental and thus penalizing the highest yields, does not lead to an overrun in the limits on quantities fixed by Regulation (EEC) No 85/89;
Whereas the Management Committee for wine has not delivered an opinion within the time limit set by its chairman,