1. 3. 91 Official Journal of the European Communities No L 55/103 COMMISSION REGULATION (EEC) No 507/91 of 28 February 1991 for the 1990/91 wine year 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 ' 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 3577/90 (%), and in particular Article 39 (9), (10) and (11) thereof, Whereas Commission Regulation (EEC) No 441/88 (%), as last amended by Regulation (EEC) No 467/90 (%), lays down detailed rules for the application of compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87; Whereas Commission Regulation (EEC) No 3747/90 (%) opens for the 1990/91 wine year compulsory distillation as provided for in Article 39 of Regulation (EEC) No 822/87 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 allo- cated among 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 per- centage being obtained from a graduated scale based on yield per hectare ; whereas the percentages of the produc- tion 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 and must take account of the exemptions from compulsory distillation provided for in Article 8 (1) or Council Regulation (EEC) No 1442/88 of 24 May 1988 on the granting, for the 1988/89 to 1995/96 wine years, of permanent abandon- ment premiums in respect of winegrowing areas (°); as () OJ No L 84, 27. 3. 1987, p. 1. ) OJ No L 353, 17. 12. 1990, p. 19. () OJ No L 45, 18. 2. 1988, p. 15. 9 OJ No L 48, 24. 2. 1990, p. 29. () OJ No L 360, 22. 12. 1990, p. 34. () OJ No L 132, 28. 5. 1988, p. 3. amended by Regulation (EEC) No 1327/90 (’); whereas the scale used must allow a quantity of table wine corres- ponding to the obligation provided for in Article 1 (3) of Regulation (EEC) No 3747/90 to be deducted from a region’s quantity ; whereas that obligation applied only in the case of producers who are required to submit a production declaration 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 Atticle 39 (4) of Regulation (EEC) No 822/87, reference must be made to the average yield of each production region in which the scales are drawn up; Whereas the structure and size of vineyards in the various regions lead not only to different production costs but also 'to different production costs but also to different incomes for producers; whereas account must therefore be taken of that situation ; whereas, moreover, increases in yield per hectare affect in different ways the quality of the wine produced in the regions which are subject to compulsory distillation ; whereas, in region 3, any exceed- ing of the average yield in general impairs the quality of the product ; whereas, in those circumstances and in order to channel wine-growing towards higher quality produc- tion, the major quantity covered by the obligation to distil should relate to production obtained with a yield exceed- ing the average for region 3 and production obtained with a yield lower than that average should be exempted from the obligation ; whereas weather conditions in region 4 on the other hand are such that the yield per hectare does not have such a direct effect on the quality of production ; whereas in that region a low yield may even result in a quantity of wine that is not suitable for direct consump- tion ; whereas it is therefore possible in that region to make provision for a scale which is graduated but applies to the entire production ; whereas yields in region 6 are on average below those of other regions; whereas the yield has relatively little impact on the product’s quality in that region ; whereas provision may be made in that region for a scale which would exclude only what is produced on the basis of the lowest yields, in other words yields which would tend to result in an obligation to deliver for distillation only very small quantities which would qualify for exemption under Regulation (EEC) No 441/88; () OJ No L 132, 23. 5. 1990, p. 23.