No L 225/14 Official Journal of the European Communities 15. 8. 88 COUNCIL REGULATION (EEC) No 2505/88 - of 26 July 1988 amending Regulation (EEC) No 2179/83 laying down general rules for distillation operations involving wine and the by-products of wine-making THE COUNCIL 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 2253/88 (2), and in particular Articles 35 (7), 36 (5), 39 (8), 41 (8), 42 (4) and 79 (2) thereof, Having regard to the proposal from the Commission, { Whereas, where wine-growers’ cooperatives have formed themselves into associations, the administrative and material operations for the delivery of wine for distillation may be facilitated if the associations in question are allowed to carry out such operations; whereas it therefore seems advisable to allow, for a limited period at the end of which the results will be assessed, Member States, under certain conditions, to authorize the associations to substitute themselves for the wine-growers’ cooperatives party thereto for the purposes of the conclusion of contracts and the delivery of wine; whereas it must be stipulated that the same guarantees offered by the normal procedure with regard to compliance with obligations and the limitation of advantages for the producers must be ensured; Whereas the checks on produ;:ts intended for distillation should be reinforced; Whereas it is particularly important to lay down specific rules to ensure that wine delivered for one of the -optional distillation operations comes from the producers’ own production; whereas, to that end, provision should be made that such producer must furnish proof that he has actually produced and that he holds the wine to be delivered; whereas rules should also be drawn up ensuring a sufficient check on the essential elements of the distillation contracts; Whereas, following administrative problems encountered in the past, proof of distillation and payment of the minimum purchase price for the wine to the producer must be required before the aid is paid to the distiller. Whereas the tolerances laid down at present for quantities and alcoholic strengths appearing in delivery contracts have proved to be too high; whereas they should accordingly be (1) O] No L 84, 27. 3. 1987, p. 1. () OJNo L 198, 26. 7. 1988, p. 35. reduced; whereas it should also be specified that the maximum and minimum limits laid down for certain distillation operations must not be exceeded following the application of the abovementioned tolerances; Whereas the factors used to calculate the aid should be defined more precisely; Whereas compulsory distillation is a vital factor in achieving balance on the market in table wine and an indirect factor in the structural adjustment of wine-growing potential to requirements; whereas it is therefore vital that compulsory- distillation be enforced very strictly and that all persons subject to the obligation to distil actually deliver for distillation the quantities corresponding to their obligation; whereas exclusion from intervention measures under Article 47 of Regulation (EEC) No 822/87 has proved insufficient in certain cases to ensure that obligations are met by persons subject thereto; whereas provision must therefore be made. for additional Community measures to be adopted for producers who do not fulfill their obligations before the fixed time-limit but who do fulfil them before another date to be specified; ‘Whereas, in order to prevent a disproportionate burden, certain small producers are exempt from the obligation to deliver their by-products of wine-making for distillation; whereas it should be stipulated that such producers are nevertheless free to deliver their by-products. Whereas it should be stipulated that, in respect of that part of their wine production actually delivered for distillation under Articles 36 and 39 of Regulation (EEC) No 822/87, producers are required to deliver only by-products of wine-making for distillation as provided for in Article 35 of that Regulation. Whereas in certain wine-growing areas, distillation of by-products represents, for certain producers of small quantities subject to the obligation to distil, a disproportionate burden; they should therefore be granted, at the request of the Member State from which they come, the option of freeing themselves from their obligation by withdrawal under control; Whereas, since the Community is responsible for the disposal of certain wine alcohols, it is incumbent upon it to obtain a better insight into the transactions carried out on the alcohol market; whereas for this reason, the information that the Member States communicated to the Commission on the subject of alcohol deriving from compulsory distillation should be extended to alcohol deriving from voluntary distillation, held by the intervention agencies;