31990R3880

29 . 12. 90 No L 367/ 123 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3880/90 of 19 December 1990 derogating for the 1990/91 wine year from Regulation (EEC) No 2721/88 in regard to the date of submission for approval of contracts for preventive distillation and amending Regulation (EEC) No 2273/90 introducing preventive distillation as provided for in Article 38 of Council Regulation (EEC) No 822/87 for the 1990/91 wine year

THE COMMISSION OF THE EUROPEAN COMMUNITIES, comparable results for the entire Community, the above­ mentioned percentage should therefore be adjusted ; Having regard to the Treaty establishing the European Economic Community, Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Wine, Having regard to the Act of Accession of Spain arid Portugal,

Having regard to Council Regulation (EEC) No 822/87 of HAS ADOPTED THIS REGULATION : 16 March 1987 on the common organization of the market in wine ('), as last amended by Regulation (EEC) ' No 1325/90 (2), and in particular Article 38 (5) thereof, Article 1

Whereas Article 6 of Commission Regulation (EEC) No By derogation from the first subparagraph of Article 6 (1 ) 2721 /88 of 31 August 1988 laying down detailed rules for of Regulation (EEC) No 2721 /88 contracts and declara­ voluntary distillation as provided for in Articles 38, 41 tions for the preventive distillation operation opened for and 42 of Regulation (EEC) No 822/87 (3), as amended by the 1990/91 wine year by Commission Regulation (EEC) Regulation (EEC) No 2355/89 (4), stipulates that distilla­ No 2273/90 may be submitted to the competent agency tion contracts and declarations are to be submitted for for approval up to 31 January 1991 . approval no later than four months after the opening for the particular wine year of the distillation operation in question ; whereas for the 1990/91 wine year this time Article 2 limit is, owing to market uncertainty following a much lower than average harvest, too short for the preventive The percentage of 19 shown in the second subparagraph distillation operation opened on 1 September 1990 ; of Article 1 (1 ) of Regulation (EEC) No 2273/90 is hereby whereas it should be put back ; replaced by 30.

Whereas Article 1 (2) of Regulation (EEC) No 2273/90 (*) limits to 19 % of their table-wine production the quantity Article 3 which producers in the Spanish part of the wine-growing zones may have distilled ; whereas this percentage is based This Regulation shall enter into force on the day of its on hypothetical yields in Spanish wine-growing areas publication in the Official Journal of the European which have been far exceeded : whereas, in order to have Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 December 1990.

For the Commission Ray MAC SHARRY Member of the Commission

(') OJ No L 84, 27. 3. 1987, p. 1 . P) OJ No L 132, 23. 5. 1990, p. IS 3 OJ No L 241 , 1 . 9. 1988, p. 88 . 4 OJ No L 222, 1 . 8. 1989, p. 60. m OJ No L 204, 2. 8. 1990, p. 49 .