No L 202/16 Official Journal of the European Communities 25.7. 91 COMMISSION REGULATION (EEC) No 2181/91 of 24 July 1991 am amending Regulation (EEC) No 2721/88 laying down detailed rules for voluntary distillation as provided for in Articles 38, 41 and 42 of 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 1734/91 (%), and in particular Articles 38 (5), 41 (10) and 47 (3) thereof, Whereas it is pertinent to specify that the method of calculating the yield to be taken into account for determi- ning the areas likely to be entitled to voluntary distillation is that laid down in Commission Regulation (EEC) No 441/88 of 17 February 1988 laying down detailed rules for applying compulsory distillation as referred to in Article 39 of Council Regulation (EEC) No 822/87(%), as last amended by Regulation (EEC) No 2070/91 (*); Whereas, in certain Member States, the quantity of wine for distillation as laid down in Article 38 of Regulation (EEC) No 822/87 is also limited to a percentage of the producer’s total production ; whereas this measure does not permit the approval of contracts in their entirety from the opening of this distillation; whereas, in order to ensure equal treatment for the producers of different regions it should be stated clearly that approval for the quantities not yet harvested is authorized ; Whereas it is appropriate to specify the obligations to be observed under Commission Regulation (EEC) No 3105/88 of 7 October 1988 laying down detailed rules for the application of compulsory distillation provided for in Articles 35 and 36 of Regulation (EEC) No 822/87 (%), as last amended by Regulation (EEC) No 2425/90 (), and in Regulation (EEC) No 441/88 in order to qualify for the measures provided for in Commission Regulation (EEC) No 2721/88 (), as last amended by Regulation (EEC) No 2355/89 (%); Whereas the consequences of exceeding certain time limits should be specified in a uniform manner for all distillation measures in the wine sector; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, () OJ No L 84, 27. 3. 1987, p. 1. ) OJ No L 163, 26. 6. 1991, p. 6. () OJ No L 45, 18. 2. 1988, p. 15. () O] No L 191, 16. 7. 1991, p. 2. () OJ No L 277, 8. 10. 1988, p. 21. (9 OJ No L 228, 22. 8. 1990, p. 8. ) OJ No L 241, 1. 9. 1988, p. 88. () OJ No L 222, 1. 8. 1989, p. 60. HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2721/88 is hereby amended as follows : ) 1. In Article 2 (1), the following is added to the third subparagraph : “The yield per hectare of products used shall be calcu- lated in accordance with the detailed rules laid down in Article 7 of Regulation (EEC) No 441/88’ 2. In Article 2 (2), the second subparagraph is replaced by the following three subparagraphs : ‘In the case referred to in the first subparagraph, the total quantities specified in the contract or the declara- tion may not exceed those resulting from the applica- tion of the provisions of paragraph 1 to the quantities of table wine obtained by the producer since the beginning of the wine year in question and entered in the records referred to in Article 14 of Regulation (EEC) No 1153/75. However, in Member States where the quantity of wine which the producer may have distilled pursuant to Atticle 38 of Regulation (EEC) No 822/87 is also limited to a percentage of his production, the approval of contracts or delivery declarations shall be authorized from the opening of this distillation. In this case, the intervention agency shall make a specific reference on the contract aimed at drawing the attention of the contractor to the rules governing the payment of the aid. 3. Article 2 (3) is deleted. 4. In Atticle 5, the first paragraph is replaced by the following : ‘In accordance with Article 47 (1) of Regulation (EEC) No 822/87, producers who where subject during the previous wine year to the obligations in Articles 35, 36 or 39 of Regulation (EEC) No 822/87 shall only be entitled to benefit under the measures provided for in