No L 133/8 Official Journal of the European Communities 17. 5. 89 COMMISSION - REGULATION (EEC) No 1327/89 of 16 May 1989 authorizing Spain not to apply in certain areas the measures provided for in Council Regulation (EEC) No 1442/88 as regards the granting of permanent abandonment premiums in respect of wine-growing areas, for the 1989/90 to 1995/96 wine years . THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic. Community, Having: regard to Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine vyears, of permanent abandonment premiums in respect of wine-growing areas ('), and in particular Article- 12 (1) .thereof, Whereas pursuant to Commission Regulation (EEC) No 2729/89 of 31 August 1988 laying down detailed rules for the application of Regulation (EEC) No 1442/88 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abandonment premiums of wine-growing areas (%), as last amended by Regulation (EEC) No 678/89 of 16 March 1989 (), Spain lodged before 1 April 1989 an application with supporting documents for exclusion from the scope of the measures provided for in Regulation (EEC) No 1442/88 from the 1989/90 wine year ; Whereas wine-growing areas recognized as suitable for the production of quality wines psr, located in certain areas with- special constraints are covered by this Regulation ; whereas those areas are determined on the basis. of four factors ; whereas the following factors in combination are involved : — qualification for a designation of. origin, to avoid calling into question quality policies ; — an annual average rainfall less than or -equal to 400 mm, — very limited possibilities of alternative crops, shown by the possibilities of crop rotation, irrigation -and classes of yield, obtained on the basis of land tenure, production and ‘agro-climatic study data; . those technical indices enable geographical areas with average to high agronomic constraints to be determined ; — existence of a risk of depopulation, through the use of population criteria — percentage of working farming population in comparison to total working population, population density and annual rate of fall — used for- the determination of less-favoured areas, whereas the combination of thoseé ‘criteria gives a list of communes ; Whereas the criteria selected to determine that list correspond to those defined in Article 12 (1) and (2) of- Regulation (EEC) No 1442/88 ; whereas the wine-growing potential of the areas recognized as suitable for the production of quality wine psr in those communes as a whole is less than 10 % of the national wine-growing potential ; Whereas the measures provided for in this Regulation are . in accordance with the opinion of the Management Committee for Wine, HAS ADOPTED THIS REGULATION : Article 1 Pursuant to Article 12 (1) and (2) of Regulation (EEC) No 1442/88, Spain is hereby authorized not to apply the measures for the permanent abandonment of wine-growing areas provided for in that Regulation in all areas under wines listed in the -Annex hereto from the 1989/90 wine year. Article 2 This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 16 May 1989. () OJ No L 132, 28. 5. 1988, p. 3. () OJ No L 241, 1. 9. 1988, p. 108. () OJ No L 73, 17. 3. 1989, p. 23. For the: Commission Ray MAC SHARRY Member of the Commission