MARKET .
3 AS REGARDS THE LEVEL OF REGULATORY AMOUNTS, ARTICLE 123 PROVIDES THAT, IN THE CASE OF TABLE WINES, THE AMOUNT IS TO BE EQUAL TO THE DIFFERENCE BETWEEN THE GUIDE PRICES IN SPAIN AND IN THE COMMUNITY OF TEN, WHILST THE LEVEL OF THAT AMOUNT MAY BE ADAPTED IN ORDER TO TAKE ACCOUNT OF THE SITUATION OF MARKET PRICES AS ASSESSED "ACCORDING TO THE DIFFERENT CATEGORIES OF WINES AND ON THE BASIS OF THEIR QUALITY ". THE REGULATORY AMOUNT APPLICABLE TO WINES WITH AN APPELLATION AS TO ORIGIN AND TO THE OTHER PRODUCTS OF THE SECTOR IN QUESTION IS DERIVED FROM THAT APPLICABLE TO TABLE WINES "ACCORDING TO PROCEDURES TO BE DETERMINED ". HOWEVER, ACCORDING TO ARTICLE 123*(3 ), THE REGULATORY AMOUNT IS TO BE FIXED AT A LEVEL WHICH ENSURES CONDITIONS UNDER WHICH TREATMENT IS NO LESS FAVOURABLE THAN THOSE IN FORCE UNDER THE ARRANGEMENTS PRIOR TO ACCESSION .
4 THE CRITERIA APPLICABLE TO THE CALCULATION OF REGULATORY AMOUNTS WERE ESTABLISHED BY COUNCIL REGULATION ( EEC ) NO 480/86 OF 25 FEBRUARY 1986 LAYING DOWN GENERAL RULES OF APPLICATION OF THE REGULATORY AMOUNTS APPLICABLE TO TRADE IN CERTAIN WINE SECTOR PRODUCTS BETWEEN THE COMMUNITY AS CONSTITUTED ON 31 DECEMBER 1985 AND SPAIN ( OFFICIAL JOURNAL 1986, L*54, P.*2 ). THAT REGULATION IS NOT CONTESTED IN THIS APPLICATION . ON THE BASIS OF THAT REGULATION, THE COMMISSION DETERMINED, BY MEANS OF THE CONTESTED REGULATIONS, THE REGULATORY AMOUNTS APPLICABLE TO TABLE WINES AND TO WINES WITH AN APPELLATION AS TO ORIGIN, LIQUEUR WINES, NEW WINES, GRAPE JUICE, GRAPE MUST AND WINE FORTIFIED FOR DISTILLATION .
5 THE APPLICANT RELIES ON TWO SUBMISSIONS, THE FIRST ALLEGING AN INFRINGEMENT OF ESSENTIAL PROCEDURAL REQUIREMENTS AND A FAILURE TO STATE REASONS, AND THE SECOND ALLEGING AN INFRINGEMENT OF ARTICLE 123 OF THE ACT OF ACCESSION . IT IS APPROPRIATE TO CONSIDER THE SECOND SUBMISSION FIRST .
6 WITH REGARD TO THE ALLEGED INFRINGEMENT OF ARTICLE 123 OF THE ACT OF ACCESSION, THE APPLICANT RELIES ON THREE DIFFERENT COMPLAINTS . IN FIXING THE REGULATORY AMOUNTS THE COMMISSION :
( I ) COMMITTED A BREACH OF THE RULE SETTING A CEILING;
( II ) DISREGARDED THE RULE REGARDING THE ADJUSTMENT OF THE REGULATORY AMOUNT FOR CERTAIN TABLE WINES;
( III ) FIXED THE REGULATORY AMOUNTS FOR WINES WITH AN APPELLATION AS TO ORIGIN AND FOR THE OTHER PRODUCTS OF THE SECTOR IN QUESTION WITHOUT ESTABLISHING THAT THERE WAS A RISK OF DISTURBANCES ON THE MARKET .
7 THE APPLICANT MAINTAINS THAT THE REGULATORY AMOUNTS WERE FIXED FOR CERTAIN WINES, IN PARTICULAR FOR WHITE TABLE WINES, AT SUCH A LEVEL THAT THE CONDITION REQUIRING TREATMENT TO BE NO LESS FAVOURABLE THAN IT WAS PRIOR TO ACCESSION WAS NOT OBSERVED . THAT CONDITION, WHICH IS LAID DOWN BY THE FIRST SENTENCE OF ARTICLE 123*(3 ), MEANS THAT THE LEVEL OF THE REGULATORY AMOUNTS CANNOT EXCEED THE REDUCTION OF THE LEVEL OF CUSTOMS DUTIES AS PROVIDED FOR IN THE ACT OF ACCESSION .
8 ON THAT POINT, IT