8. 10. 88 Official Journal of the European Communities No L 277/21 ‘ COMMISSION REGULATION (EEC) No 3105/88 of 7 October 1988 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 the Act of Accession of Spain and Portugal, 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 2964/88 (3), and in particular Articles 35 (8), 36 (6), 47 (3) and 81 thereof, Whereas the distillation = operations provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 must be carried out in accordance with the provisions of Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general rules for distillation operations involving wine and the by-products of wine-making (%), as last amended by Regulation (EEC) No 2505/88 (*); Whereas it is necessary to determine both the terms of the obligations laid down in Articles 35 and 36 of Regulation (EEC) No 822/87 and the obligations incumbent on distillers ; Whereas Article 14 of Regulation (EEC) No 2179/83 provides for the possibility of releasing certain small producers from the obligation provided for in Article 35 of Regulation (EEC) No 822/87 by the withdrawal under supervision of the by-products of wine-making ; whereas that possibility should, at the request of Italy, be granted in the Italian part of wine-growing zones C to persons liable whose production does not exceed 40 hectolitres in order to prevent a disproportionate burden falling on them ; Whereas wine producers are required under Article 35 of Regulation (EEC) No 822/87 to deliver for distillation a quantity of products with a total alcohol content corres- ponding to a percentage of the volume of alcohol naturally contained in the grapes used to produce the wine ; Whereas it is particularly difficult in practice to calculate the quantity of products to be delivered on the basis of the -alcohol content of the grapes used, primarily on account of significant fluctuations from one variety to another in the ratio of grapes used to wine obtained; () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 269, 29. 9. 1988, p. S. () OJ No L 212, 3. 8. 1983, p. 1. () OJ No L 225, 15. 8. 1988, p. 14. - whereas, however, those difficulties are eliminated and controls made easier and more efficient if the calculation is made on the basis of the alcohol contained in the wine ; whereas in this way the economic purpose of the scheme will be attained without producers being obliged - to deliver larger quantities; Whereas, in accordance with Article 13 (3) of Régulation (EEC) No 2179/83, producers who deliver their grape marc for the manufacture of oenocyanin qualify for a reduced percentage ; whereas, taking into account the fact that the alcohol contained in the marc represents a substantial proportion of the quantity of alcohol to be delivered, the reduced percentage should be fixed at 5 % ; whereas, pursuant to the same provision, producers of white quality wines psr qualify for a reduced rate; whereas experience in preceding wine years suggests that that rate should be fixed at 7 % ; Whereas, for the purpose of determing the quantity of alcohol to be contained in the products to be delivered, it is also necessary to fix, in accordance with Article 35 (2) of Regulation (EEC) No 822/87, a standard natural alcoholic strength for each wine year and each wine-growing zone ; whereas, however, pursuant to Article 35 (4) of Regulation (EEC) No 822/87, producers in certain zones are not subject to the obligation in question ; whereas, in the absence of accurate information on the alcoholic strength of wines in the following wine -years, that determination may be undertaken by reference - to the average strengths recorded in the wine-growing zones concerned in previous wine 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 in order 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 adminis- trative units which, having suffered from exceptionally bad weather conditions, have been recognized as disaster - areas by Member States ; Whereas pursuant to the second subparagraph of Article 35 (3) of Regulation (EEC) No 822/87, the minimum characteristics those by-products must have should be laid down ; whereas, in thecase of delivery for distillation, the aim of laying down those characteristics is simply to enable distillers to obtain usable raw material without excessive cost, while in the case of withdrawal under supervision the minimum characteristics of the by-products are a basic factor in compliance with the scheme ;