OF GREEK WINES INTO GERMANY, FRANCE AND ITALY, DEALS EXCLUSIVELY WITH QUESTIONS OF TARIFFS AND QUOTAS .
21 IT MUST THEREFORE BE CONCLUDED THAT THE WORD 'TREATMENT' IN PARAGRAPH 2 OF PROTOCOL NO 14 ANNEXED TO THE AGREEMENT CREATING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND GREECE MUST BE UNDERSTOOD AS REFERRING ONLY TO QUESTIONS OF CUSTOMS DUTIES AND QUANTITATIVE RESTRICTIONS .
22 THE SECOND QUESTION ASKED IS WHETHER THE COUNTERVAILING CHARGE IMPOSED BY THE COMMISSION OF THE EUROPEAN COMMUNITIES ON GREEK WINES IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG IS A DUTY OR CHARGE HAVING EQUIVALENT EFFECT, WITHIN THE MEANING OF ARTICLE 37 ( 2 ) OF THE SAID AGREEMENT OF ASSOCIATION .
23 UNDER THE FIRST PARAGRAPH OF ARTICLE 9 ( 3 ) OF REGULATION NO 816/70 'WHERE THE FREE-AT-FRONTIER OFFER PRICE FOR A WINE, PLUS CUSTOMS DUTIES, IS LOWER THAN THE REFERENCE PRICE FOR THAT WINE, A COUNTERVAILING CHARGE EQUAL TO THE DIFFERENCE BETWEEN THE REFERENCE PRICE AND THE FREE-AT-FRONTIER OFFER PRICE PLUS CUSTOMS DUTIES SHALL BE LEVIED ON IMPORTS OF THAT WINE AND OF WINES IN THE SAME CATEGORY '.
24 THE ESSENTIAL PURPOSE OF THIS CHARGE, ACCORDING TO THE FOURTH RECITAL IN THE PREAMBLE TO THIS REGULATION, IS TO AVOID DISTURBANCES ON THE COMMUNITY MARKET CAUSED BY OFFERS MADE ON THE WORLD MARKET AT ABNORMAL PRICES .
25 IT APPEARS, THEREFORE, FROM THIS ARRANGEMENT THAT THE CHARGE IN QUESTION IS DETERMINED BY REFERENCE TO A PRICE LEVEL FIXED IN ACCORDANCE WITH THE OBJECTIVES OF THE COMMON MARKET, IS PAYABLE AT A VARIABLE RATE, SUSCEPTIBLE TO FLUCTUATION ACCORDING TO UNFORESEEABLE ECONOMIC TRENDS, AND THUS PLAYS A STABILIZING ROLE IN THE COMMUNITY MARKET IN WINE .
26 SUCH A CHARGE CONSTITUTES A LEVY INSEPARABLE FROM THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN WINE .
27 IF THIS CHARGE FAILS TO FULFIL ITS PROTECTIVE PURPOSE IN THE CASE OF IMPORTS OF GREEK WINES INTO THE BENELUX COUNTRIES, THIS DOES NOT AFFECT ITS NATURE IN LAW, BUT IS DUE SOLELY TO THE PRIVILEGED CHARACTER OF THE TREATMENT SECURED FOR THESE IMPORTS .
28 THE SAID LEVY FALLS UNDER THE MEASURES ADOPTED WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY, IN PARTICULAR UNDER THE ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE LAID DOWN BY REGULATION NO 816/70 .
29 THE FIRST PARAGRAPH OF PROTOCOL NO 12 ANNEXED TO THE ATHENS AGREEMENT RESERVES FREEDOM FOR THE COMMUNITY BY PROVIDING THAT 'THE LEVY SYSTEM ENVISAGED WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY CONSTITUTES A MEASURE SPECIFIC TO THAT POLICY WHICH IN THE CASE OF ITS APPLICATION BY EITHER PARTY IS NOT TO BE CONSIDERED AS A CHARGE HAVING EQUIVALENT EFFECT TO CUSTOMS DUTIES WITHIN THE MEANING OF ARTICLES 12 AND 37 OF THE AGREEMENT OF ASSOCIATION '.
30 THE REPLY TO THE SECOND QUESTION MUST, ACCORDINGLY, BE THAT THE COUNTERVAILING CHARGE IMPOSED ON GREEK WINES IMPORTED INTO BELGIUM AND THE GRAND DUCHY OF LUXEMBOURG UNDER ARTICLE 9 ( 3 ) OF