No L 222/60 - Official Journal of the European Communities 1. 8. 89 COMMISSION REGULATION (EEC) No 2355/89 of 31 July 1989 amending Regulation (EEC) No 2721/88 laying down detailed rules for voluntary distillation as provided for in Articles 38, 41 and 42 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 wines ('), as last amended by Regulation (EEC) No"1236/89 (3, and -in particular Articles 38.(5), 41 (10), 42 (6) and 81 thereof, Whereas Commission Regulation (EEC) No 2721/88 (%) . provides for the fixing by the Commission of the percentage of the quantities specified in the contracts which may be delivered for distillation as provided for in Article 41 of Regulation (EEC) No 822/87; whereas experience shows that in order to inform producers correctly, that percentage should be fixed even where the whole quantity specified in the contract may be delivered for distillation ; Whereas certain references as regards the period during which producers must have fulfilled their obligations should be adjusted ; Whereas the various administrative structures of the Member States justify an adjustment of the time limits for notification of  the outcome- of  the procedure for approving contracts as concerning distillation provided for in Article 41 of Regulation (EEC) No 822/87; Whereas experience gained justifies the adjustment of the time limit for the notification to be made by the Member States as regards distillation under Article 41 of Regulation (EEC) No 822/87 ; whereas, as regards notifi- cation, the provisions of Article 12 of Regulation (EEC) No 2721/88 and those 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. amended by Regulation (EEC) No 2505/88 (%), should also be brought into line; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, () OJ No L 84, 27. 3. 1987, p. L. () OJ No L 128, 11. §. 1989, p. 31. () OJ No L 241, 1. 9. 1988, p. 88. () OJ No L 212, 3. 8. 1983, p. 1. () OJ No L 225, 15. 8. 1988, p. 14. HAS. ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2721/88 is hereby amended as follows : 1. The following is inserted after the third subparagraph of Article-2 (1) : ‘For each producer who has obtained - table wine by vinifying products purchased after the latest - date laid down for the submission of- the production declaration, the number of hectares shall be obtained by dividing the quantity of table wine in question as set out in the records referred to in Article 13 of Commission Regulation (EEC) No 986/89 (") by the yield referred to in the second indent of the second paragraph of Article 7 of Commission Regulation (EEC) No 441/88 (*). () OJ No L 106, 18. 4. 1989, p. 1. (") OJ No L 45, 18. 2. 1988, p. 15. 4. Article 3 (1) is replaced by the following : ‘1. In the case of distillation as provided for in Article 41 of Regulation (EEC) No 822/87, the .. Commission shall fix, in accordance with the procedure laid down in Article 83 of that Regulation, no later than one month after is -has received the figures referred to-in the second subparagraph. of Atticle 12 (1), the percentage of the quantities specified - in the contracts that may actually be delivered for distillation. . That percentage shall be fixed at-a level such that the actual quantity to be distilled does not exceed that fixed pursuant to Article 41 of Regulation (EEC) No 822/87’ 3. The first paragraph of Article S is replaced by the following : ‘In- accordance with Atticle 47-(1) of Regulation:(EEC) No 822/87, producers who were subject during the previous wine year to the obligations referred to in Articles 35, 36 or 39 of Regulation (EEC) No 822/87. shall be entitled to  benefit under the measures provided for in this Regualtion only where they submit evidence that they have complied with their obligations during the reference periods fixed in Commission Regulation (EEC) Nos 3105/88 (") -and 441/88. () OJ No L 277, 8. 10. 1988, p. 1.