No L 222/54 Official Journal -of the European Communities 1. 8. 89 COMMISSION REGULATION (EEC) No 2352/89 of 28 July 1989 amending Regulation (EEC) No 3105/88 laying down detailed rules for the application of compulsory distillation as provided for in Articles 35 and 36 of 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 ('), as last amended by Regulation (EEC) No 1236/89 (3, and in particular Articles 35 (5) and 36 (6) thereof, Whereas certain provisions- relating- in particular to the conditions. under which aids for and the price of alcohol delivered to intervention agencies set out in Commission Regulation (EEC) No 3105/89 () are to be paid must be brought closer into line with those of Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general tules for distillation operations involving wine and the by-products of wine-making(*), as last amended by Regulation (EEC) No 2505/88 (%) ; Whereas the measures provided for in this Regulation are in accordance with- the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 3105/88 is hereby amended as follows : 1. Article 11 is replaced by the following: Article 11 1. The amount of the aid provided. for in the first indent of Article 35 (6) and the first-indent of 36 (4) of Regulation (EEC) No 822/87 shall be fixed annually before 1 August in respect of the following wine year. The amount of the aid-applicable where Article 18 (3) of Regulation (EEC) No 2179/83 is applied shall also be fixed -at the same time. () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 128, 11. 5. 1989, p. 31. () O] No L 277, 8. 10. 1988, p. 21. (Y O] No L 212, 3. 8. 1983, p. 1. () OJ No L 225, 15. 8. 1988, p. 14. 2. Distillers who wish to receive the aid provided for in paragraph 1 shall 'submit an application and the documents specified in Article 17 of Regulation (EEC) No 2179/83 at the latest by 31 December following the wine year in question. 3. The proof referred to in Article 17 (1) (c) -of Regulation (EEC) No 2179/83 may be replaced by proof that a security has been lodged in favour of the intervention agency. Such security shall be equal to 110 % of the aid applied for. In that case, proof that the distiller has paid in full the buying-in price referred to in Article 10 shall be provided to the intervention agency at the latest by 31 March following the wine year in question. Within three months at the latest of such proof being supplied, the intervention agency shall release the security. If the proof referred to in the second subparagraph is presented after 31 March but before 1 June of the following year and if that delay is not due to serious negligence on the part of the distiller, the intervention agency shall release 80 % of the security. 4. In  the case referred to in~ the second subparagraph. of Article 10 (2), proof of payment of the buying-in price shall. be replaced by proof that payment_on account has been made. 5. If the proof referred to in Article 17 (1) (c) of Regulation (EEC) No 2179/83 shows that the time limit provided for in Article 10 (2) has not been met but that the overrun does not exceed 30 days, the aid to be paid to the distiller shall be reduced by 20 %. No aid shall be due where the overrun exceeds 30 days. 6. If it is found that the distiller has not paid the producer the-buying-in-price, the intervention agency shall pay the producer, before 1 June following the wine year in question, an amount equal to the aid, where appropriate through the intervention agency of the Member State of the producer’ ‘Article 13 1.  Products with an alocholic strength of at least 92 % vol shall be delivered by the distiller to the intervention agency at the latest by 30 November following the wine year in question or, if Article 11 (2) of Regulation (EEC) No 2179/83 applies ; by the date fixed by the competent national authority.