THE COMMUNITY LEGISLATURE HAS LAID DOWN TWO ALTERNATIVE SYSTEMS FOR WINES , DEPENDING ON WHETHER THEY ARE TABLE WINES OR QUALITY WINES . A GIVEN PRODUCT MAY NOT , THEREFORE , BE SUBJECT BOTH TO THE TABLE WINE REGIME , AND THUS QUALIFY FOR STORAGE AID , AND TO THE QUALITY WINE REGIME , WHICH WOULD ENABLE IT TO ENJOY PARTICULARLY ADVANTAGEOUS MARKETING CONDITIONS .
14 IN ORDER TO RESOLVE THIS PROBLEM OF INTERPRETATION , IT IS NECESSARY FIRST TO ELIMINATE THE ARGUMENTS THAT THE COMMISSION SEEKS TO DERIVE FROM REGULATION NO 2206/77 . THAT REGULATION DOES NOT APPLY TO THE CONTRACTS AT ISSUE , SINCE THEY WERE CONCLUDED PRIOR TO ITS ENTRY INTO FORCE , AND THE STATEMENTS INSERTED BY THE COMMISSION IN THE PREAMBLE TO THAT REGULATION CANNOT BE RELIED ON AS AGAINST THE MEMBER STATE CONCERNED .
15 ACCORDINGLY , IT SHOULD BE EXAMINED WHETHER , AS THE COMMISSION CLAIMS , THE CONCLUSION OF STORAGE CONTRACTS IN RESPECT OF WINES WHICH , UNDER LUXEM BOURG LEGISLATION , COULD SUBSEQUENTLY BECOME QUALITY WINES PSR SHOULD BE REGARDED AS CONFLICTING WITH THE COMMON ORGANIZATION OF THE MARKET IN WINE , EVEN IN THE ABSENCE OF AN EXPRESS PROVISION TO THAT EFFECT .
16 IT IS CLEAR FROM THE TEXT OF THE ABOVEMENTIONED COMMUNITY PROVISIONS THAT ONLY TABLE WINES AND , FOLLOWING THE ENTRY INTO FORCE OF COUNCIL REGULATION NO 1160/76 OF 17 MARCH 1976 ( OFFICIAL JOURNAL 1976 , L 135 , P . 1 ), GRAPE MUSTS AND CONCENTRATED GRAPE MUSTS ARE ELIGIBLE FOR STORAGE AID .
17 IN CONTRAST , ALTHOUGH QUALITY WINES ALSO FALL WITHIN THE SCOPE OF REGULATION NO 816/70 , THEY ARE EXCLUDED FROM TITLE I THEREOF , RELATING TO PRICES AND INTERVENTION . THE COMMUNITY LEGISLATURE THEREFORE DID NOT CONSIDER THAT IT WAS NECESSARY , IN ORDER TO STABILIZE THE MARKET AND ENSURE A FAIR STANDARD OF LIVING FOR THE AGRICULTURAL COMMUNITY CONCERNED , TO PROVIDE FOR INTERVENTION MEASURES FOR QUALITY WINES . IT CONSIDERED THAT IT WAS ENOUGH TO FOSTER A POLICY OF ENCOURAGING QUALITY BY MEANS OF THE SPECIFIC MEASURES IN REGULATION NO 817/70 IN ORDER TO CONTRIBUTE TO THE IMPROVEMENT OF CONDITIONS ON THE MARKET AND , AS A RESULT , TO AN INCREASE IN OUTLETS AS IS STATED IN THE SECOND RECITAL IN THE PREAMBLE TO THE REGULATION .
18 HOWEVER , THE LUXEMBOURG GOVERNMENT POINTS OUT THAT , UNLIKE REGULATION NO 816/70 , WHICH ITSELF DEFINES TABLE WINE ( IN ANNEX II ), REGULATION NO 817/70 RELIES TO A VERY CONSIDERABLE DEGREE ON THE RELEVANT NATIONAL RULES FOR THE DEFINITION OF QUALITY WINE PSR . CONSEQUENTLY , IT IS PERMISSIBLE FOR A MEMBER STATE TO PROVIDE , AS THE LUXEMBOURG LEGISLATION PROVIDED , THAT ANY WINE PRODUCED IN ITS TERRITORY SHOULD BE REGARDED AS TABLE WINE UNTIL SUCH TIME , IF EVER , AS IT PASSES THE PRESCRIBED TESTS TO OBTAIN THE APPELLATION ' ' QUALITY WINE PSR . ' ' .
19 IT IS SUFFICIENT IN THIS