L 319/46 Official Journal of the European Union 18.11.2006 COMMISSION COMMISSION DECISION of 7 November 2006 concerning initiation of dispute settlement proceedings against India under the Understanding on Rules and Procedures Governing the Settlement of Disputes and other relevant WTO provisions as regards an obstacle to trade constituted by an Additional Duty on imported wines and spirits and an Extra Additional Duty on imported spirits maintained by India, and a ban on sale of imported wines and spirits maintained by the Indian State of Tamil Nadu (2006/790[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, by India to wines and spirits, indirect taxes applied by certain Indian States to imported wines and spirits and restrictions on the sale of imported wines and spirits applied by certain Indian States. Having regard to the Treaty establishing the European Community, (3)  The complainants alleged that these practices were incon- sistent with Articles II, III and XI of the General Agreement on Tariffs and Trade 1994 (GATT 1994). On that basis, the complainants asked the Commission to take the necessary action. Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994, laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (!), and in particular Articles 12(1) and 13(2) thereof, (4)  The complaint contained sufficient evidence to justify the initiation of a Community examination procedure pursuant to Article 8(1) of the Trade Barriers Regulation. Consequently, the Commission initiated that procedure after consulting with the Member States in the framework  of the Advisory Committee, on 17 September 2005 (3). Whereas: (1) On 20 July 2005, the Commission received a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (5)  During the examination procedure, the complainants (the ‘Trade Barriers Regulation’). The complaint was withdrew the claims made in relation to indirect taxes lodged jointly by the Comité européen des entreprises applied by certain Indian States to imported wines and vins (‘CEEV) and The European Spirits Organisation spirits, and India introduced a new Additional Duty (‘CEPS)). (Extra Additional Duty) which is applied upon impor- tation to wines and spirits. In the framework of that procedure, the Commission therefore carried out an investigation of the Additional Duty, the Extra Additional () The complaint concerned certain alleged Indian trade Duty anddthe.allleged restrictions on the .sale of imported . > . wines and spirits applied by certain Indian States. practices that adversely affected the importation and sale of wines and spirits in India (3). These practices included an Additional Duty applied upon importation (") OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation (6) The investigation considered the relevant Indian legis- (EC) No 356/95 (O] L 41, 23.2.1995, p. 3). (%) The proceeding concerns wines, vermouths, aromatised wines and spirits classified under HS headings 2204, 2205, 2206 and 2208. They include still and sparkling wines, vermouths and other fortified wines such as port and sherry, and spirit drinks distilled from raw materials of agricultural origin such as brandies and wine spirits, whiskies, gin, vodka, rum and liqueurs. lation and took into account the views expressed by the various Indian Government Ministries, as well as Community and Indian enterprises and Trade Asso- ciations. () 0] C 228, 17.9.2005.