28. 2. 89 Official Journal of the European Communities No L 57/49 COMMISSION REGULATION (EEC) No 499/89 of 27 February 1989 fixing the percentages of table wine production to be delivered for compulsory distillation as provided for in Article 39 of Council Regulation (EEC) No 822/87 for the 1988/89 wine year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard ‘to"the Treaty establishing the European Economic Community,- 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 2964/88 (3, and in particular Article 39 (9), (10) and (11) thereof, Whereas Commission Regulation (EEC) No 441/88 (%), as last amended by Regulation (EEC) No 1596/88 (¥), lays down the detailed rules for the application of compulsory distillationas : provided ' for in Article-39-of Regulation (EEC) No 822/87; : Whereas Commission Regulation (EEC) No 85/89 (%) opens compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87 for the 1988/89 wine year and fixes the total quantity to be distilled in the Community and the quantities to be distilled in the various regions ; Whereas production in the various regions should be apportioned between the various yield classes ; Whereas Article 39 (4) of Regulation (EEC) No 822/87 provides that, in the case of producers who are required to distil, the quantity to be distilled must equal a percentage to be fixed of their table. wine production, such percentage being obtained from an incremental - scale based on yield per-hectare; whereas the percentages of the production of each such producer which must be delivered for distillation should therefore be fixed; whereas, while being based on objective -criteria, those percentages must be adapted to the situation of each region ; whereas the scales used must allow a quantity of table wine corresponding to the obligation provided for in Article 1 (3) of Regulation (EEC) No 85/89 to be deducted from a region’s quantity ; whereas that obligation applies only in the case of producers who are required to submit production declarations and who market the- products concerned ; whereas the yield classes should accordingly set out only the quantities. covered by the production declarations on -which the scale is based; Whereas, in accordance with the provisions on the fixing of the scale provided for in the fourth -subparagraph of Article 39 (4) of Regulation (EEC) No 822/87, and applicable from the 1988/89 wine year, reference must me made to the average yield of each production region when drawing up the scales; () OJ No L 84, 27. 3. 1987, p. 1. () O No L 269, 29. 9. 1988, p. 5. () OJ No L 45, 18. 2. 1988, p. 15. () OJ No L 142, 9. 6. 1988, p. 17. () OJ No L 13, 17. 1. 1989, p. 14. Whereas the quantity of table wine to be distilled compulsorily during the 1988/89 wine year is not the result of a production surplus as production was lower than normal foreseeable consumption, but of a level of stocks at the beginning of the wine year which was incommensurate. with market balance ; whereas, in these circumstances, the application of the criteria laid down for -the -determination of the obligation on producers would result in a scale being adopted which is not.. incremental, in particular for region 4; whereas, as a consequence, a scale should.be established which while being incremental and thus penalizing the highest yields, does not lead to an overrun in the limits on quantities fixed by Regulation (EEC) No 85/89; Whereas the Management Committee fer wine has not delivered an opinion within the time limit set by its chairman, ) HAS ADOPTED THIS REGULATION : Article 1 1. Pursuant to Article 5 (1) of Regulation (EEC) No 441/88, production from .the 1988/89 harvest shall be broken down into the following yield classes : (a) region 3 Production obtained with a yield, expressed in hectolitres per hectare, of : — up.to 90:. — 90 or more, but not more than 110: — more than 110, but not more than 140: — more than 140, but not more than 200 : — more than 200: 20 147 671 hectolitres, 3930 676 hectolitres, 1 084 123 hectolitres, 444 466 hectolitres, 1 078 408 hectolitres ; - (b) region 4: Production obtained with a yield, expressed in hectolitres per hectare, of : — not more than 60: - -— more than 60, but not more than 90 : — more than 90, but not more than 110: — more than 110, but not more than 140 : — more than 140, but not more than 200 : — more than 200: 9 572 020 hectolitres, 14 366 493 hectolitres, 8 218 866 hectolitres, 6 i21 148 hectolitres, 3 487 735 hectolitres, 146 230 hectolitres.