1. 9. 88 No L 241/79 Official Journal of the European Communities COMMISSION REGULATION (EEC) No 2720/88 of 31 August 1988 fixing the buying-in prices, aid and certain other amounts applicable for the 1988/89 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 2253/88 (3), and in particular Articles 35 (8), 36 (6) 38 (5), 41 (10), 42 (6), 44, 45 (9) and 46 (5) thereof, Whereas Council Regulation (EEC) No 2254/88 (°) fixes the guide prices for wine for the 1988/89 wine year; whereas the prices, aid and other amounts for the various intervention measures to be adopted for that wine year should accordingly be fixed on that basis ; Whereas the buying-in prices of the by-products of - wine-making and of wine delivered for the various distil- lation operations are to be fixed on the basis of a percentage of the gulde 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, pursuant to Article 122 of the'Act of Accession, that percentage is to be equal for the 1988/89 wine year to 78 % in Spain for wine delivered for distil- lation as provided for in Article 41 of Regulation (EEC) No 822/87; 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 by 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 2179/83 (), as last amended by Council Regulation (EEC) No 2505/88 () ; whereas, as the buying-in price fixed for Spain is less that the price fixed for the Community of Ten, the amount of aid in that Member State should be adjusted accordingly ; Whereas the price of wine to be distilled under Articles 38, 41 and 42 of Regulation (EEC) No 822/87 does not normally allow the miarketing at market prices of products obtained by distillation ; whereas provision must therefore () OJ No L 84, 27. 3. 1987, p. 1. () O] No L 198, 26. 7. 1988, p. 35. () OJ No L 198, 26. 7. 1988, p. 40. () OJ No L 212, 3. 8. 1983, p. 1. () OJ No L 225, 15. 8. 1988, p. 14. be made for aid, the amount of which is to be fixed on the basis of the criteria laid down in Article 8 of Regulation (EEC) No 2179/83, while taking account also 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 2179/83 should be adjusted accordingly ; Whereas the amount of the aid for the wuse in wine-making of concentrated 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 concentrated grape must, using rectified concentrated 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 enrichment ; Whereas the amount of the aid for the use of concen- - trated grape must in animal feed as referred to in Article 45 (4) of Regulation (EEC) No 822/87 may not be greater than the amount allocated for distillation as provided for in Article 38 of that Regulation; whereas, for the first wine year of application, the amount of the aid should be fixed at that level and the maximum quantity eligible for _aid should be fixed at one third of the overall quantity laid down for the three wine years so that the impact of these arrangements may be assessed ; Whereas Article 46 (3) of Regulation (EEC) No 822/87 lays down criteria for fixing the amount of aid provided for in that Article ; whereas, as regards the aid for the use of grapes, grape must and concentrated grape must for the manufacture of grape juice, paragraph 4 of that Article stipulates that a part of the aid should be set aside for the organization of campaigns to promote the consumption of grape juice and whereas the amount of 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 amount of the aid should be fixed at a level permitting sufficient quantities to be obtained for the effective promotion of the product whereas the level of the corresponding prices in Spain is different from that recorded in the Commumty of Ten ; whereas the amount of the aid applicable in Spain should accordingly be fixed, in accordance with Article 128 of the Act of Accession, at ‘a level taking account of those differences ;