3.3.93 Official Journal of the European Communities No L 51/21 COMMISSION REGULATION (EEC) No 487/93 of 2 March 1993 for the 1992/93 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 (*), as last amended by Regulation (EEC) No 1756/92 (), and in particular Article 39 (9), (10) and (11) thereof, Whereas Commission Regulation (EEC) No 441/88 (%), as last amended by Regulation (EEC) No 3699/92 (%), 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 129/93 () opens for the 1992/93 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 allo- cated 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 per- centage being obtained from a graduated scale based on yield per hectare ; whereas the percentages of the produc- tion 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 abandon- ment premiums in respect of winegrowing areas (¥); ‘as amended by Regulation (EEC) No 833/92 (") ; whereas the () OJ No L 84, 27. 3. 1987, p. 1. () O No L 180, 1. 7. 1992, p. 27. () OJ No L 45, 18. 2. 1988, p. 15. () OJ No L 374, 22. 12. 1992, p. 54. () OJ No L 18, 27. 1. 1993, p. 10. (9 OJ No L 132, 28. 5. 1988, p. 3. () O No L 88, 3. 4. 1992, p. 16. scale used must allow a quantity of table wine correspon- ding to the obligation provided for in Article 1 (3) of Regulation (EEC) No 129/93 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 Portugal should be integrated in the seventh region in accordance with Regulation (EEC) No 441/88 ; whereas whether conditions in Region 4 do not have a direct effect on quality of production; whereas products obtained with high yields are of good quality and of good commercial potential while on the other hand certain wines obtained with low yields do not meet market requi- rements ; whereas, therefore, provision should be made in that region 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 distil- lation 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 129/93 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 speci- fied 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,