THE PRODUCT . FOR THOSE REASONS, THE COMMISSION ASSOCIATED BOTTLING IN THE PRODUCTION AREA WITH THE CONCEPT OF QUALITY IN THE CASE OF THOSE TABLE WINES, TO WHICH IT THEREFORE APPLIED A DIFFERENT REGULATORY AMOUNT, NAMELY AN AMOUNT REDUCED BY 50% COMPARED WITH THE AMOUNT APPLICABLE TO EQUIVALENT UNBOTTLED WINES .
14 IT IS IN FACT CLEAR FROM THE ANNEX TO REGULATION NO 648/86 THAT SPECIFIC REGULATORY AMOUNTS WERE LAID DOWN FOR WHITE TABLE WINE AND RED OR ROSE TABLE WINE "IN CONTAINERS HOLDING 0.75 LITRES OR LESS ". THE LEVEL OF THOSE AMOUNTS IS 50% LOWER THAN THE LEVEL OF THE LOWEST REGULATORY AMOUNT LAID DOWN FOR THE SAME WINES IN OTHER CONTAINERS, AND IN PARTICULAR FOR THOSE SUPPLIED IN BULK . THE APPLICANT HAS FAILED TO DEMONSTRATE IN WHAT WAY THE COMMISSION ACTED UNLAWFULLY BY RELYING ON THAT DISTINCTION IN ADJUSTING THE REGULATORY AMOUNTS "ACCORDING TO THE DIFFERENT CATEGORIES OF WINES AND ON THE BASIS OF THEIR QUALITY" AS PROVIDED FOR IN ARTICLE 123*(2 ) OF THE ACT OF ACCESSION .
15 ACCORDINGLY, THE COMPLAINT THAT THE ADJUSTMENT RULE WAS NOT OBSERVED CANNOT BE UPHELD .
16 THE APPLICANT ALSO CONTENDS THAT THE REGULATORY AMOUNTS FOR WINES WITH AN APPELLATION AS TO ORIGIN AND FOR THE OTHER VITICULTURAL PRODUCTS, OTHER THAN TABLE WINES, WERE FIXED WITHOUT THE NECESSARY CONDITIONS BEING FULFILLED . IN THE CASE OF THE VITICULTURAL PRODUCTS IN QUESTION, ARTICLE 123*(2 ) OF THE ACT OF ACCESSION EXPRESSLY PROVIDES THAT THE APPLICATION OF THE MECHANISM FOR REGULATORY AMOUNTS IS SUBJECT TO THE EXISTENCE OF A RISK OF DISTURBANCES ON THE MARKET, A CONDITION WHICH IS ALSO CONTAINED IN ARTICLE 3 OF COUNCIL REGULATION NO 480/86 . THE EXISTENCE OF SUCH A RISK CANNOT BE ESTABLISHED UNTIL CHANGES IN TRADE HAVE BEEN ANALYSED AND PRICES CHARGED ON THE MARKET HAVE BEEN CALCULATED; THE COMMISSION HAS NOT DONE EITHER .
17 IN ITS DEFENCE, THE COMMISSION MERELY POINTS OUT THAT THE LEVEL OF THE REGULATORY AMOUNTS "WAS FIXED ON THE BASIS OF THE RISK OF DISTURBANCES PRESENTED BY THE WINES IN QUESTION" AND THAT, ACCORDINGLY, IF AN AMOUNT HIGHER THAN ZERO WAS FIXED, "THE REASON WAS THE EXISTENCE OF A RISK OF DISTURBANCE ". IN RESPONSE TO A REQUEST FROM THE COURT TO SPECIFY WHAT FACTORS LIKELY TO CREATE DISTURBANCES ON THE MARKET HAD BEEN TAKEN INTO CONSIDERATION IN FIXING AND CALCULATING THE REGULATORY AMOUNT APPLICABLE TO WINES WITH AN APPELLATION AS TO ORIGIN, THE COMMISSION SIMPLY REPLIED THAT, IN ITS VIEW, THE FACTORS WHICH MAY CREATE DISTURBANCES ON THE WINE MARKET ARE THE PRICE AND THE POSSIBILITY OF COMMERCIAL SUBSTITUTION, BOTH OF WHICH REFLECT THE DEGREE OF COMPETITION AND, CONSEQUENTLY, THE DEGREE OF DISTURBANCE . THE COMMISSION ADDED THAT IT FIXED THE REGULATORY AMOUNT AT ZERO FOR CERTAIN KINDS OF DRY LIQUEUR WINES WITH AN APPELLATION AS TO ORIGIN, INCLUDING IN PARTICULAR SHERRY WINES, SINCE THOSE WINES WERE UNLIKELY TO CREATE DISTURBANCES ON THE MARKET OF THE COMMUNITY OF TEN, WHICH PRODUCES EXCLUSIVELY SWEET LIQUEUR WINES .