13. 3. 93 Official Journal of the European Communities No L 61/55 COMMISSION DECISION of 20 January 1993 concerning an aid measure proposed by the German authorities (Rhineland-Palatinate) for the distillation of wine (only the German text is authentic) (93/155/BEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, 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 1756/92 (%), and in particular Article 76 thereof, Having regard to Commission Decision 90/472/EEC of 10 September 1990 recogmzmg that productlon of certain quality wines produced in specified regions is, because of their qualitative features, far below demand (®), as amended by Decision 91/461/EEC (¥, After having given notice, pursuant to the above Article, to the parties concerned to submit their comments and having regard to those comments (%), Whereas : AN I By letter of 9 April 1991, registered on 22 April 1991, the German authorities notified to the Commission an aid for the distillation of wine, pursuant to Article 93 (3) of the Treaty. The aid was to be paid at a rate of DM 0,90/litre of wine distilled. Given that the aid represented a State aid within the meaning of Article 92 (1) of the Treaty and that, being an ~operating aid, none of the derogations provided for in Article 92 could be applied to it, the Commission regarded the measure as incompatible with the Treaty. Further, the measure was found to infringe the common organization of the market in wine, which is an all- embracing instrument of Community law and does not admit of national measures which seek to improve produ- cers’ incomes by the award of operating aid. Thus, by letter SG(91)D/13454 of 16 July 1991, the Commission decided to initiate the Article 93 (2) proce- () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 180, 1. 7. 1992, p. 27. () OJ No L 256, 20. 9. 1990, p. 30. () OJ No L 245, 3. 9. 1991, p. 26. () O No C 254, 28. 9. 1991, p. 5. dure with regard to this aid and, under that procedure, to call upon the German authorities not to grant the aid. Moreover, the Commission reminded the German authorities of the Commission letter to the Member States of 3 November 1983 concerning Member States’ obliga- tions resulting from Article 93 (3) of the EEC Treaty, and also of the communication of the Commission published in Official Journal of the European Communities(®), which states that illegal aid schemes, i.e. those which have been granted without awaiting a final positive decision in connection with the procedure provided for in Article 93 (2), may cause the Commission to require Member States to recover the aid from recipients and/or to refuse to make EAGGF advance payments or to charge expenditure relating to national measures that directly affect Commu- nity measures to the EAGGF budget. The Commission invited the German authorities to submit observations within four weeks of receipt of the above letter and published that letter, together with a request to the other Member States and interested parties to comment. I In the course of the Article 93 (2) procedure, the German authorities, despite sending a letter dated 22 August 1991 ,requesting additional time to reply to the Commission’s letter initiating the Article 93 (2) procedure, have not contested the position adopted by the Commission, namely that the aid should not be granted ; no observa- tions have been received from any other Member States or interested parties. III The measure is an aid to winegrowers for the distillation . of wine of 1989 and earlier years produced in areas not authorized for production in 1989, but since authorized by the German authorities. By the aforesaid Decision 90/472/EEC Germany was permitted to authorize a 982 ha increase in area for productlon of Rhmeland-Palatmate wine for the 1990/91 wine year. () OJ No C 318, 24. 11. 1983, p. 3.