18. 2. 88 Official Journal of the European Communities No L 45/15 COMMISSION REGULATION (EEC) No 441/88. of 17 February 1988 laying down detailed rules for applying compulsory distillation as referred to 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 Commission Regulation (EEC) No 3992/87 (3, and in particular Article 39 (9) thereof, Whereas, as a result of changes in compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87 and the consolidation of the Regulation on the common organization of the market in wine, for the sake- of clarity Commission Regulation (EEC) No 854/86 () as last amended by Regulation (EEC) No 1410/87 (%) as regards the detailed rules for applying compulsory distillation should be consolidated ; Whereas the distillation operations referred to in Article 39 of Regulation (EEC) No 822/87 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(9; Whereas the criteria required to establish a situation of ‘ serious imbalance on the market, triggering off compulsory distillation, should be defined; Whereas, in order to avoid the risk that compulsory distillation 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 homogeneous 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 39 (4) of Regulation (EEC) No 822/87, provision should be made for a () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 377, 31. 12. 1987, p. 20. () OJ No L 80, 25. 3. 1986, p. 14. () O] No L 135, 23. 5. 1987, p. 11. () OJ No L 212, 3. 8. 1983, p. 1. (9 OJ No L 255, 25. 9. 1984, p. 1. breakdown 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 39 (4) of Regulation (EEC) No 822/87 applies must be made clear; whereas for the 1987/88 wine year for technical production reasons grape musts intended for the production of concentrated musts, whether or not rectified, but not yet processed before 15 March must be included in quantities deductible from that quantity provided that the producer undertakes to process them by 31 August at the latest ; whereas Commission Regulation (EEC) No 3929/87 of 17 December 1987 on harvest, production and stock declarations relating to wine-sector products () provides that producers are to declare the quantity of wine and of products upstream of wine and the yields for the quantities obtained ; Whereas the producers to be exemptéd 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 destillation obligation to report the quantities which he must deliver for distillation, while allowing the competent authorities themselves to calculate 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 Regulation (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 situation is likely, however, to be encountered frequently in view of the small quantities to be delivered by certain producers subject to the compulsory  distillation  obligation; _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 characteristics of wines delivered to be carried out in accordance with national provisions ; () OJ No L 369, 29. 12. 1987, p. 59.