26.7. 91 Official Journal of the European Communities No L 203/31 COMMISSION REGULATION‘(EEC) No 2209/91 of 25 July 1991 fixing the buying-in prices, aids and certain other amounts applicable for the 1991/92 wine year to intervention measures in the wine sector 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 1734/91 (3, and in particular Articles 35 (8), 36 (6), 38 (5), 41 (10), 44, 45 (9) and 46 (5) thereof, Whereas Council Regulation (EEC) No 1736/91 (%) fixes the guide prices for wine for the 1990/91 wine year; whereas the prices, aids and other amounts for the various intervention measures to be adopted for that wine year should accordingly be fixed on that basis; Wheras the prices and aids applicable in Portugal will be fixed at a later rate and the measures provided for do not apply in that country; Whereas the buying-in prices of the by-products of wine- making and of wine delivered for the various distillation operations are to be fixed on the basis of a percentage of the guide price; whereas a price taking account of the guide price level in Spain must be fixed for wine obtained from grapes produced in that Member State; Whereas distillers may, in accordance with Articles 35 (6) and 36 (4) of Regulation (EEC) No 822/87, either receive aid for the product to be distilled or deliver the product obtained from distillation to the intervention agency; whereas the amount of the aid must be fixed on the basis of the criteria laid down in Article 16 of Regulation (EEC) No 2046/89 (*) ; whereas, as the buying-in price fixed for Spain is less that the price fixed for the Community of Ten, the aids in that Member State should be adjusted accordingly ; ‘ Whereas the price of wine to be distilled under Articles 38 and 41 of Regulation (EEC) No 822/87 does not () OJ No L 84, 27. 3. 1987, p. 1. ) O] No L 163, 26. 6. 1991, p. 6. () OJ No L 163, 26. 6. 1991, p. 10. () O No L 202, 14. 7. 1989, p. 14. normally allow the marketing at market prices of products obtained from distillation ; whereas provision must there- fore be made for aid, the amount of which is to be fixed on the basis of the criteria laid down in Article 8 of Regu- lation (EEC) No 2046/89, account also being taken of the present uncertainty of prices on the market for distillation products ; Whereas some wine delivered for one of -the distillation operations may be processed into wine fortified for distil- lation ; whereas the amounts applicable to distillation in accordance with the rules laid down in Article 26 of Regulation (EEC) No 2046/89 should be adjusted accor- dingly ; Whereas experience gained in sales by invitation to tender of alcohol held by intervention agencies shows that the difference between prices which may be obtained for neutral spirits and raw alcohol does not justify the take- over of the former; whereas, moreover, quantities of neutral spirits currently available are sufficient to satisfy, at least for one wine year, any demand for that product; whereas under these circumstances the possibility provided for in Articles 35, 36 and 39 of Regulation (EEC) No 822/87 should be used by limiting deliveries of neutral spirits to intervention agencies for the 1991/92 wine year; Whereas the aid for the use in wine-making of concen- trated grape must and rectified concentrated grape must as provided for in Article 45 (1) of Regulation (EEC) No 822/87 must be fixed taking into account the difference between the cost of enrichment achieved using concen- trated grape must and using sucrose ; whereas, in the light of the data available to the Commission, the amount of the aid should be varied with the product used for enrich- ment ; Whereas Article 46 (3) of Regulation (EEC) No 822/87 lays down criteria for fixing the aid provided for in that Article ; whereas, as regards the aid for the use of grapes, grape must and concentrated grape must for the manufac- ture of grape juice, paragraph 4 of that Article stipulates that a part of the aid should be set aside for the organiza- tion of campaigns to promote the consumption of grape juice and whereas the aid may be increased to that end; whereas, having regard to the criteria laid down and to the. need to finance those campaigns, the aid should be fixed