COMMISSION REGULATION (EEC) No 507/91  of 28 February 1991  for the 1990/91 wine year 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
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 3577/90 (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 467/90 (4), lays down 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 3747/90 (5) opens for the 1990/91 wine year compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87 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 allocated among 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  a graduated 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 and must take account of the exemptions from compulsory distillation provided for in Article 8 (1) or Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine years, of  permanent abandonment premiums in respect of winegrowing areas (6); as amended by Regulation (EEC) No 1327/90 (7); whereas the scale used must allow a quantity of table wine corresponding to the obligation provided for in Article 1 (3) of Regulation  (EEC) No 3747/90 to be deducted from a region's quantity; whereas that obligation applied only in the case of producers who are required to submit a production declaration 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, reference must be made to the average yield of each production region in which the scales are  drawn up;
Whereas the structure and size of vineyards in the various regions lead not only to different production costs but also to different production costs but also to different incomes for producers; whereas account must therefore be taken of that situation;  whereas, moreover, increases in yield per hectare affect in different ways the quality of the wine produced in the regions which are subject to compulsory distillation; whereas, in region 3, any exceeding of the average yield in general impairs the  quality of the product; whereas, in those circumstances and in order to channel wine-growing towards higher quality production, the major quantity covered by the obligation to distil should relate to production obtained with a yield exceeding the  average for region 3 and production obtained with a yield lower than that average should be exempted from the obligation; whereas weather conditions in region 4 on the other hand are such that the yield per hectare does not have such a direct effect on  the quality of production; whereas in that region a low yield may even result in a quantity of wine that is not suitable for direct consumption; whereas it is therefore possible in that region to make provision for a scale which is graduated but applies  to the entire production; whereas yields in region 6 are on average below those of other regions; whereas the yield has relatively little impact on the product's quality in that region; whereas provision may be made in that region for a scale which  would exclude only what is produced on the basis of the lowest yields, in other words yields which would tend to result in an obligation to deliver for distillation only very small quantities which would qualify for exemption under Regulation (EEC) No  441/88;
Whereas the scale to be established must be incremental, thus penalizing the highest yields, and ensure that, the quantitative limits laid down in Regulation (EEC) No 3747/90 for the various production regions should not be exceeded;
Whereas, in view of the derogation provided for in Article 39 (10) of Regulation (EEC) No 822/87, it must be specified that the quantity for preventive distillation is to be deducted from the quantity for compulsory distillation in Greece;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine,
1. Pursuant to Article 5 (1) of Regulation (EEC) No 441/88, production from the 1990/91 harvest shall be broken down into the following yield classes:
(a) Region 3:
Production obtained with a yield, expressed in hectolitres per hectare:
- up to 90:  21 743 362 hectolitres,  - 90 or more, but not more than 110:  2 871 704 hectolitres,  - of more than 110, but not more than 140:  690 814 hectolitres,  - of more than 140, but not more than 200:  204 549 hectolitres,  - exceeding  200:  113 766 hectolitres;
(b) Region 4:
Production obtained with a yield, expressed in hectolitres per hectare:
- not exceeding 65:  11 165 480 hectolitres,  - of more than 65, but not more than 80:  5 461 220 hectolitres,  - of more than 80, but not more than 90:  4 830 652 hectolitres,  - of more than 90, but not more than 110:  6 914 952 hectolitres,  -  of more than 110, but not more than 130:  5 124 434 hectolitres,  - of more than 130, but not more than 140:  907 864 hectolitres,  - of more than 140, but not more than 200:  612 954 hectolitres,  - of more than 150, but not more than 200:  615 016  hectolitres,  - exceeding 200:  39 425 hectolitres;
(c) Region 6:
- Part A: production  105 110 hectolitres,  - Part B:  25 974 921 hectolitres.
Production obtained with a yield, expressed in hectolitres per hectare:
- not exceeding 10:  271 750 hectolitres,  - of more than 10, but not more than 15:  1 048 610 hectolitres,  - of more than 15, but
not more than 20:  1 686 479 hectolitres,  - of more than 20, but not more than 30:  6 766 757 hectolitres,  - of more than 30, but not more than 45:  12 159 411 hectolitres,  - of more than 45, but not more than 70:  3 656 231 hectolitres,  - exceeding  70:  385 683 hectolitres;
2. The average yield in production region 3 shall be 71,5 hectolitres per hectare; in region 4 it shall be 75 hectolitres per hectare; in region 6 it shall be 30,01 hectolitres per hectare.
The quantity that each producer shall be required to deliver for distillation shall be determined by multiplying the quantity referred to in Article 6 of Regulation (EEC) No 441/88 by the percentage shown in the table in the Annex which  corresponds to the yield determined in accordance with Article 7 of the said Regulation. The yield shall, where appropriate, be rounded down to the nearest unit (hectolitres per hectare).
In the case of region 5 as referred to in Article 4 (2) of Regulation (EEC) No 441/88, the quantity for preventive distillation in that region pursuant to Commission Regulation (EEC) No 2273/90 (8) shall be deducted from the quantity referred  to in Article 1 (3) of Regulation (EEC) No 3747/90.
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.