28. 5. 88 Official Journal of the European Communities No L 132/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 1441/88 of 24 May 1988 amending Regulation (EEC) No 822/87 on the common orgamzatnon of the market in wine THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parliament (3. . Whereas Article 39 of Regulation (EEC) No 822/87 (3), as last: amended by Regulation (EEC) No 3992/87 (¥), provides for compulsory distillation to establish balance on the table wine market; Whereas the price applicable at present to table wine delivered for compulsory distillation is 50 % of the guide price up to a volume of 12,5 million hl and 40 % for further quantities ; Whereas' the degree of support thus granted does not sufficiently discourage the production of wine not suiting market requirements and consequently hinders disposal of the major structural surplus in the sector ; whereas that degree of support should therefore be reduced; Whereas to that end the price should be fixed, progres- sively between now and the beginning of the 1990/1991 wine year, by using, for quantities exceeding 10 % of normal utilization, a progressively lower percentage of the guide price, HAS ADOPTED THIS REGULATION : Article 1 Article 39 of Regulation (EEC) No 822/87 is amended as follows : () OJ No C 100, 15. 4. 1988, (%) Opinion delivered on 20 May 1988 (not yet published in the Official Journal). () OJ No L 84, 27. 3. 1987, p. 1.’ () OJ No L 377, 31. 12. 1987, p. 20. 1. Paragraph 4 is replaced by the following: ‘4. The quantity for distillation determined in accordance with paragraph 3 shall be shared between table wine producers in each wine-growing region. For producers subject to the obligation to distil, the quantity for distillation shall be equal to a percentage to be determined of their production, as indicated in their production .declarations, of table wine and of products upstream of table wine to be determined. That percentage shall be obtained from a progressive scale based on the yield per hectare and:may vary between regions according to yields obtained in the past. Except for the regions where yield is substantially lower than the average yield in the Community, thlS percentage : — shall be zero for yields at least 70 % below the average yield in the region in question for table wine, — may not be lower than 75 % for yields higher than 200 % of the average yield of the area in question for table wine. The percentage of average yield referred to in the first indent of the fourth subparagraph may be modified under the procedure laid down in Article 83 depending on the volume of production and the total quantity to be distilled in the Community and in each wine-growing region. The quantity of table wine to be delivered for distil- lation- by each producer shall be equal to that determined in accordance with the third, fourth and fifth subparagraphs; however, the producer may deduct from that quantity, in whole or in part, the quantity of table wine or wine suitable for yielding table wine delivered for distillation as referred to in Article 38’ 2. Paragraph 6 is replaced by the following : ‘6. From 1990/91 the purchase price for table wines delivered for .compulsory distillation shall be fixed according to the quantities to be distilled and: