9. 8. 94 Official Journal of the European Communities No L 206/5 COMMISSION REGULATION (EC) No 2028/94 . of 8 August 1994 introducing preventive distillation as provided for in Article 38 of Regulation (EEC) No 822/87 for the 1994/95 wine year THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common otganization of the market in wine ('), as last amended by Regulation (EC) No 1891/94 (%), and in particular Article 38 (5) thereof, Whereas Commission Regulation (EEC) No 2721/88 (%), as last amended by Regulation (EEC) No 2181/91 (%), lays down detailed rules for voluntary distillation, as provided for in Articles 38, 41 and 42 of Regulation (EEC) No 822/87; whereas Commission Regulation (EC) No 2000/94 (%) fixes the prices, the aid and certain other factors applicable to preventive distillation for the 1994/95 wine year; Whereas, in view of the foreseeable situation on the market, the harvest forecasts and the level of end-of-year stocks, the quantities eligible should be fixed at levels which, in combination with the other distillation measures for the wine year, will enable the market to be stabilized, without, however, exceeding the quantities compatible with sound management of the market; Whereas, given the low yields obtained in Spanish and Portuguese wine-growing areas, a different volume for products obtained from grapes harvested in Portugal and a maximum percentage for the production which can be distilled from products obtained from grapes harvested in the Spanish wine-growing zone C should be set so as to have comparable results in terms of a percentage of production for the entire Community; Whereas, considering that the necessary data is not available for administrative reasons in Germany, a specific regime should be set for that country; Whereas, with a view to applying this Regulation it is necessary to know the areas cultivated for production, in order to determine the quantity which producers may cause to be distilled ; whereas a high number of Greek producers do not have the necessary data owing to the administration’s delay in introducing the planned admi- nistrative structures ; whereas, so that the abovementioned () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 197, 30. 7. 1994, p. 42. () OJ No L 241, 1. 9. 1988, p. 88. () OJ No L 202, 25. 7. 1991, p. 16. () OJ No L 201, 4. 8. 1994, p. 3. producers are not prevented from qualifying under the measure, provision should be made for the reference areas to be determined on the basis of a flat-rate yield for Greece as a whole; Whereas, in order to increase the efficiency of this measure, it is necessary to concentrate it on the first months of the wine year and to ensure proper perfor- mance of the contracts and declarations signed by the producers by establishing a security which will guarantee delivery of wine to a distillery; Whereas, by 10 November the precise figures needed for production declarations to be submitted by 15 December at the latest may not yet be available, in particular as regards the areas to which the quantities applied for relate and the alcoholic strength of the wine to be delivered under this distillation measure ; whereas it should ac- cordingly be possible to adjust those figures at the request of the parties concerned to bring them into line with the figures appearing in production declarations ; whereas the final date laid down in the Regulation for the approval of contracts and declarations relating to the distillation operation in question should also be put back; - Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, : HAS ADOPTED THIS REGULATION : Article 1 1. Preventive distillation of table wine and of wine suitable for yielding table wine as provided for in Article 38 of Regulation (EEC) No 822/87 is hereby introduced for the 1994/95 wine year. The quantity of table wine or of wine suitable for yielding table wine which producers may cause to be distilled in accordance with Regulation (EEC) No 2721/88 is limited to 12 hectolitres per hectare. However, for products obtained from grapes harvested in Portugal, this quantity is limited to 10 hectolitres per hectare, and for products obtained from grapes harvested in the Spanish wine-growing zone C, this quantity is also limited to 15 % of the production of table wine produced from these products.