COMMISSION REGULATION (EC) No 2791/95 of 1 December 1995  amending Regulation (EC) No 2402/95 introducing preventive distillation as provided for in Article  38 of Regulation (EEC) No 822/87 for the 1995/96 wine year
THE COMMISSION OF THE  EUROPEAN COMMUNITIES
,
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), as last amended by Regulation (EC) No 1544/95  (2), and in particular  Article 38 (5) thereof,
Whereas Commission Regulation (EEC) No 2721/88  (3), as last amended by Regulation (EEC) No 2181/91   (4), lays down detailed rules for voluntary distillation as provided for in Articles 38, 41 and 42  of Regulation (EEC) No 822/87; whereas, with a view to providing clearer and more detailed rules,  certain provisions of that Regulation should be adopted;
Whereas Commission Regulation (EC) No 2402/95  (5) introduced preventive distillation as provided  for in Article 38 of Regulation (EEC) No 822/87 for the 1995/96 wine year; whereas, in order to  facilitate the administrative work of the national authorities, the final date for submitting the  distillation contract should be postponed so that it is the same as that laid down for the  submission of harvest and production declarations pursuant to Commission Regulation (EEC) No  3929/87 of 17 December 1987 on harvest, production and stock declarations relating to wine-sector  products  (6), as last amended by Regulation (EC) No 1991/94  (7);
Whereas the low levels of stocks at the beginning of the wine year compared with similar periods in  the past and the foreseeable harvest permit the adjustment of certain existing provisions in order  to ensure the maximum preventive distillation of wine; whereas the deadlines laid down should  therefore be postponed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Wine,
Article 1 of Regulation (EC) No 2402/95 is hereby amended as  follows:
1.  In paragraph 1:
-  in the third subparagraph the date '30 November 1995` is replaced by '27 December 1995`,
-  in the fifth subparagraph the date '8 December 1995` is replaced by '17 January 1996`,
-  in the sixth subparagraph the dates '15 December 1995` and '15 January 1996` are replaced by '22  January 1996` and '12 February 1996` respectively.
2.  In paragraph 2, the date '15 March 1996` is replaced by '15 May 1996`.
3.  In paragraph 3, the following sentence is added at the end of the second subparagraph:
'However, where the delivery against a contract or a distillation declaration is made during the  five working days following the final deadline laid down, half of the security shall be released.` 4.  Paragraph 5 is replaced by the following:
'5.  Regulation (EEC) No 2721/88 shall apply subject to the following:
(a)  The volumes concerned shall not be increased after submission of the contract or the  declaration. The maximum area in hectares to be used shall be that shown in the production  declaration for the table wine obtained.
(b)  For Greece, the area to be used for calculating the quantity of table wine or wine suitable  for yielding table wine that producers may have distilled shall be obtained by dividing the  quantity appearing as wine in the column headed "Table wine" in the production declaration  submitted by 57.
(c)  Article 6 (1) and (4) shall not apply.
(d)  Notwithstanding Article 6 (5), the minimum quantity of wine for distillation shall be 5  hectolitres for German and Austrian producers.`
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.