No L 58/2 Official Journal of the European Communities 2.3.94 COMMISSION REGULATION (EC) No 465/94 of 1 March 1994 for the 1993/94 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, in Regions 3 and 6 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 organization of the market in wine ('), as last amended by Regulation (EEC) No 1566/93 (%), and in particular Article 39 (9), (10) and (11) thereof, Whereas Commission Regulation (EEC) No 441/88 (%), as last amended by Regulation (EEC) No 3699/92 (%), 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 (EC) No 343/94 () opens for the 1993/94 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 Regions 3 and 6 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) of 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 last amended by Regulation (EEC) No 1990/93 (") ; whereas the scale used must allow a quantity of table wine corres- () OJ No L 84, 27. 3. 1987, p. 1. () OJ No L 154, 25. 6. 1993, p. 39. () OJ No L 45, 18. 2. 1988, p. 15. () OJ No L 374, 22. 12. 1992, p. 54. () OJ No L 44, 17. 2. 1994, p. 9. (9 OJ No L 132, 28. 5. 1988, p. 3. () OJ No L 182, 24. 7. 1993, p. 7. ponding to the obligation provided for in Article 1 (3) of Regulation (EC) No 343/94 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 Article 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 Italy has not forwarded the table wine produc- tion figures as well as the allocation of the production among the various yield classes pursuant to Article 8 of the Commission Regulation (EEC) No 3929/87 (), as last amended by Regulation (EEC) No 605/92 (°) ; whereas it is therefore not possible to determine, for Region 4, at this moment and within the terms fixed by Commission Regulation (EEC) No 822/87, the percentage to be fixed of the production of each producer which must be deli- vered for distillation ; whereas the fact that such a scale has not been fixed must not be invoked to dispute the individual obligations in Italy which will be fixed as soon as possible and accurately when the Commission will have received the necessary data thereto; Whereas weather conditions in Region 4 do not have a direct effect on quality of production ; whereas products obtained with high yields are of good quality and of good commercial potential while on the other hand certain wines obtained with low yields do not meet market requi- rements ; whereas, therefore, provision should be made in that region 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 distil- lation only very small quantities which would qualify for exemption pursuant to Regulation (EEC) No 441/88; () OJ No L 369, 29. 12. 1987, p. 59. () OJ No L 65, 11. 3. 1992, p. 24.