2. 8. 90 Official Journal of the European Communities No L 204/35 COMMISSION . REGULATION (EEC) No 2270/90 of 1 August 1990 fixing the buying-in prices, aids and certain other amounts applicable for the 1990/91 wine year to intervention measures in the wine sector 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 1325/90 (3, and in particular Articles 35 (8), 36 (6), 38 (5), 41 (10), 42 (6), 44, 45 (9) and 46 (5) thereof, Whereas Council Regulation (EEC) No 1326/90 (%) -fixes the guide prices for wine for the 1990/91 wine year; whereas the prices, aids and other amounts for the various intervention measures to be adopted for that wine year should accordingly be fixed on that basis; Whereas the buying-in prices of the by-products of wine- making and of wine delivered for the various distillation operations are to be fixed on the basis of a percentage of the guide price; whereas a price taking account of the guide price level in-Spain must be fixed for wine obtained from grapes produced in-that Member State ; Whereas distillers may, in accordance with Atrticles 35 (6) and 36 (4) of Regulation (EEC) No 822/87; either receive aid for the product to be distilled or deliver the product obtained from distillation to the intervention agency; whereas the amount of the aid must be fixed on the basis of the criteria laid down in Article 16 of Regulation (EEC) No 2046/89 (*) ; whereas, as the buying-in price fixed for Spain is less that the price fixed for the Community of Ten, the aids in that Member State should be -adjusted accordingly ; Whereas the price -of wine to be distilled under Articles 38, 41 and 42 of Regulation (EEC) No 822/87 does not normally allow the marketing at market prices of products obtained from distillation ; whereas provision must there- fore be made for aid, the amount of which is to be fixed on the basis of the criteria laid down in Article 8 of Regu- lation (EEC) No 2046/89, account also being taken of the () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 132, 23. 5. 1990, p. 19. () OJ No L 132, 23. 5. 1990, p. 22. () OJ No L 202, 14. 7. 1989, p. 14. present uncertainty -of prices on the market for distillation products ; Whereas some wine delivered for one of the distillation operations may be processed into wine fortified for distil- lation ; whereas the amounts. applicable to distillation in accordance -with the rules laid down in Article 26 of Regulation (EEC) No 2046/89 should be adjusted accor- dingly ; Whereas experience gained in sales by invitation to tender of alcohol held by intervention agencies shows that- the difference between prices which may be obtained for neutral spirits and raw alcohol does not justify the take- over of the former; whereas, moreover, quantities of neutral spirits currently available are sufficient to satisfy, at least for one wine year, any demand for that product; whereas under these circumstances the possibility provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 should be used by limiting deliveries of neutral spirits to intervention agencies for the 1990/91 wine year; Whereas the aid for the use in wine-making of concen- trated grape must and rectified concentrated grape must as provided for in Article 45 (1) of Regulation (EEC) No 822/87 must be fixed taking into account the difference between the cost of enrichment achieved using concen- trated grape must and using sucrose ; whereas, in the light of the ‘data availablé to the Commission, the amount.of the aid should be varied with the product used for enrich- ment ; Whereas the aid for the use.of concentrated grape must-in animal feed as referred to in Article 45 (4) of Regulation- (EEC) No 822/87 may not be greater than the amount allocated for distillation -as provided for in Article 38 of. that Regulation ; whereas, in view of the results of the first- wine years of -application, the aid should be fixed at that. level and the maximum quantity eligible for aid should be fixed-at that level and the maximum quantity eligible for aid should be fixed at one third of the overall quantity laid .down for the three wine years; Whereas Article 46 (3) of Regulation (EEC) No 822/87 lays down criteria for fixing the aid provided for in that Article ; whereas, as regards the aid for the use of grapes, grape must and concentrated grape must for the manufac- ture of grape juice, paragraph 4 of that Article stipulates that a part of the aid should be set aside for the organiza- tion of campaigns to promote the consumption of grape