11985I123

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Article 123

1 . A mechanism for regulatory amounts shall be set up , on import into the Community as at present constituted , for the products referred to in paragraph 2 coming from Spain which are subject to reference price fixing under the common organization of the market .

2 . This mechanism shall be governed by the following rules :

( a ) For table wines , a regulatory amount equal to the difference between the guide prices in Spain and in the Community as at present constituted shall be levied . However , the level of this amount may be adapted according to the procedure provided for in Article 67 of Regulation ( EEC ) No 337/79 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 .

( b ) For wines with an appellation as to origin and for the other products likely to create disturbances on the market , a regulatory amount may be fixed according to the procedure provided for under ( a ) . This regulatory amount shall be derived from that applicable to table wines according to procedures to be determined .

3 . The regulatory amount shall 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 . To this end , this amount shall be calculated in such a way that the amount obtained by increasing the guide price in Spain for the product concerned by the regulatory amount and by the customs duty applicable to it does not exceed the reference price in force the product during the wine growing year concerned .

4 . Bearing in mind the special situation of the market in the various products referred to in paragraph 2 , a decision may be taken according to the procedure provided for in Article 67 of Regulation ( EEC ) No 337/79 , to fix a regulatory amount for the export of one or more of these products from the Community as at present constituted to Spain .

The amount shall be fixed at a level ensuring a normal trade pattern between the Community as at present constituted and Spain , which does not create any disturbances on the Spanish market for the products concerned .

5 . The regulatory amount granted shall be financed by the Community by means of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund .