No L 80/14 Official Journal of the European Communities 25. 3. 86 COMMISSION REGULATION (EEC) No 854/86 of 24 March 1986 laying down detailed rules for applying compulsory distillation as referred to in Article 41 of Council Regulation (EEC) No 337/79 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine ('), as last amended by Regulation (EEC) No 3805/85 (%), and in particular Article 41 (9) thereof, Whereas the distillation operations referred to in Article 41 of Regulation (EEC) No 337/79 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 amended by Regulation (EEC) No 2687/84(%); Whereas the criteria required to establish a situation of serious imbalance on the market, triggering off compul- sory distillation, should be defined; Whereas, in order to avoid the risk that compulsory distil- lation leads to inadequate supplies for the following year, it should be made clear that the need to ensure balance for the following year must be taken into account when the quantity for compulsory distillation is fixed; Whereas, in order to spread the burden of compulsory distillation equitably throughout the Community, the criteria for delimiting production regions with homo- geneous characteristics must be defined ; Whereas, in order to take into account the increase in the amount for compulsory distillation in line with yield per hectare, as provided for in Article 41 (4) of Regulation (EEC) No 337/79, provision should be made for a break- down of production by region according to yield classes to which percentages of production will be applied to obtain the anticipated quantity for each region; Whereas, to achieve proper, uniform application of the compulsory distillation measure, the yield to be taken into account and the quantity of wine and products upstream of wine to which the percentage referred to in Article 41 (4) of Regulation (EEC) No 337/79 applies must be made clear; whereas Commission Regulation (EEC) No 2102/84 (%), as amended by Regulation (EEC) OJ No L 54, 5. 3. 1979, p. 1. OJ No L 367, 31. 12. 1985, p. 39. OJ No L 212, 3. 8. 1983, p. 1. OJ No L 255, 25. 9. 1984, p. 1. O] No L 194, 24. 7. 1984, p. 1. No 2391/85 (%), requires producers to declare quantities of wine and of products upstream of wine, and the produc- tion yield of such quantities ; Whereas the producers to be exempted from compulsory distillation should be defined with a view to bringing down the administrative costs of applying the measure ; Whereas the quantities of table wine obtained by applying the percentages fixed by the Commission to the production of each person subject to the compulsory distillation obligation must be known quickly in order to evaluate the impact of the measure on the market; whereas this may be achieved by requiring each person subject to the compulsory distillation, obligation to report the quantities which he must deliver for distillation, while allowing the competent authorities themselves to calcu- late as a matter of course the quantities for each producer and to notify producers of their obligations ; Whereas the procedure for checking the characteristics of the wine delivered for distillation provided for in Regula- tion (EEC) No 2179/83 relates to individual deliveries only and does not settle the problem of deliveries carried out jointly by several producers ; whereas the latter situa- tion is likely, however, to be encountered frequently in view of the small quantities to be delivered by certain producers subject to the compulsory distillation obliga- tion ; whereas, in consequence, provision should be made, in that case and in view of the varying situations applying in the various Member States, for checks on the charac- teristics of wines delivered to be carried out in accordance with national provisions ; Whereas the tolerances permitted should be determined 50 as to facilitate compliance with obligations without en- tailing unwarranted expenditure for the EAGGF; Whereas, in order to ensure equal treatment for those subject to the obligation, producers who have disposed of their wine before compulsory distillation is triggered off should be permitted fo fulfil their obligations ; whereas it is also economically justificable to allow producers whose wine can be disposed of without difficuity on the market on’ account of its quality to fulfil the obligation without being required to deliver their own wine; whereas, to achieve this result provisions should be made for produ- cers to deliver, or have delivered, wine of other producers ; Whereas, in the absence of a Community definition of rosé wine and for reasons of clarity, it should be made clear that rosé table wines will be treated in the same way as red table wines on account of the close economic relationship existing between them ; () OJ No L 225, 23. 8. 1985, p. 13.