26. 8. 87 Official Journal of the European Communities No L 242/5 COMMISSION REGULATION (EEC) No 2544/87 of 21 August 1987 laying down, for the 1987/88 wine year, detailed implementing rules for distilla- tion as provided for in Article 38 of Regulation (EEC) No 822/87 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 1972/87 (3, and in particular Articles 47 (3), 38 (5) and 81 thereof, Having regard to Council Regulation (EEC) No 1676/85 of 11 June 1985 on the value of the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (%), as last amended by Regu- lation (EEC) No 1636/87 (¥, ' Having regard to Council Regulation (EEC) No 1678/85 of 11 June 1985 fixing the conversion rates to be applied in agriculture (%), as last amended by Regulation (EEC) No 1953/87 (9), Whereas Article 38 (1) of Regulation (EEC) No 822/87 _ provides that preventive distillation of table wine and wine suitable for yielding table wine may be decided whenever such a measure seems necessary in the light of harvest forecasts or in order to improve the quality of products placed on the market ; Whereas Article 47 of Regulation (EEC) No 822/87 lays down that only those producers who have fulfilled their obligations under Article 35 and, where appropriate, Articles 36 and 39 of the said Regulation for a reference period to be determined are entitled to benefit from the intervention measures ; whereas the said reference period should therefore be fixed ; i Whereas such measures should enable market conditions to be improved without the quantities compatible with sound market management being exceeded ; whereas, to that end, provision should be made to limit the maximum quantitiy of table wine which may be distilled by each producer according to the area cultivated for the (). OJ No L 84, 27. 3. 1987, p. 1., () O] No L 184, 3. 7. 1987, p. 26. () OJ No L 164, 24. 6. 1985, p. 9. () OJ No L 153, 13. 6. 1987, p. 1. () OJ No L 164, 24. 6. 1985, p. 11. (9 OJ No L 185, 4. 7. 1987, p. 68. , production of table wine; whereas, however, to take account of national provisions on the recognition of quality wines psr in some Member States, the maximum quantities of table wine which may be distilled in the zones concerned should be related not to the area culti- vated for the production of table wine but to each produ- cer’s total cultivated area; whereas, however, in cases-in which it is not possible to relate the quantity precisely to the area from which the wine comes, provisidn should be made for the quantity eligible for distillation to be limited to a percentage of the quantity of table wine produced during the 1987/88 wine year; whereas that percentage should be such as to achieve similar results to those obtained in the context of a limit related to the area culti- vated ; whereas the percentage should therefore be set taking into account the average yield per hectare recorded ; whereas the yield in the Greek parts of zone C III and in the Spanish parts of the wine-growing zones is considerably below that recorded in the rest of the “ Community so that a different percentage should be set for those parts of the zones; Whereas the quantity of table wine produced to which that percentage is to apply is that set down in the produc- tion declaration provided for in Commission Regulation (EEC) No 2102/84 of 13 July 1984 on harvest, production and stock declarations relating to wine-sector products (7), as last amended by Regulation (EEC) No 2528/87 (%), and the records provided for in Commission Regulation (EEC) No 1153/75 of 30 April 1975, prescribing the form of the accompanying documents for wine products and speci- fying the obligations of wine producers and traders other than retailers (°), as last amended by Regulation (EEC) No 418/86 (') ; : Whereas, in certain cases, evidence of having fulfilled the obligations provided for in Article 39 and, where appro- priate, in Articles 40 and 41 of Regulation (EEC) No 822/87 may only be provided at the date subsequent to the triggering of the measure ; whereas Article 4 (2) of Council Regulation (EEC) No 2179/83 of 25 July 1983 laying down general rules for distillation operations invol- ving wine and the by-products of wine-making ("), as last amended by Regulation (EEC) No 3805/85 (*?), provides that the producer may not deliver contract or declaration () O No L 194, 24. 7. 1984, p. 1. () OJ No L 240, 22. 8. 1987, p. 11. ¢) O No L 113, 1. 5. 1975, p. 8. () OJ No L 48, 26. 2. 1986, p. 8. (") O] No L 212, 3. 8. 1983, p. 1. (?) OJ No L 367, 31. 12. 1985, p. 39.