No L 326/14 Official Journal of the European Communities 22.12. 79 COMMISSION REGULATION (EEC) No 2903/79 of 20 December 1979 on the downgrading of quality wines produced in specified regions THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organiza- tion of the market in wine (1), as last amended by Regulation (EEC) No 2594/79 (3), and in particular Articles 53 (3) and 65 thereof, : Having regard to Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provi- sions relating to quality wines produced in specified regions (%), as last amended by Regulation (EEC) No 2594/79, and in particular Article 16 (7) thereof, Whereas, pursuant to Article 16 (6) of Regulation (EEC) No 338/79, a quality wine psr may be down- graded at the marketing stage in certain circumstances only ; whereas these circumstances should be specified and the use to which quality wines psr so downgraded may be put should be stated and limited ; whereas the competent authorities having the right to downgrade pursuant to Article 2 (1) or, as appropriate, Article 2 (3) of Regulation (EEC) No 460/79 (*) should also be indicated ; Whereas, in order to ensure that consumers are not misled, a downgraded quality wine psr should not be marketed under a designation which suggests the designation to which it no longer is entitled ; whereas, so that proper control may be carried out, entries should be made in movement registers to show that downgrading has taken place ; Whereas, in order that the Commission may be kept aware of the way in which the competent authorities of the Member States apply the provisions on the downgrading of quality wines psr, the Member States should communicate to the Commission each year the quantities of quality wines psr which were down- graded on their geographical territory ; Whereas the rules provided for in this Regulation incorporate and supplement those of Regulation (EEC) No 1697/70 (%) ; whereas that Regulation should therefore be repealed ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Manage- ment Committee for Wine, (1) OJ No L 54, 5. 3. 1979, p. 1. (2) O No L 297, 24. 11. 1979, p. 4. () OJ No L 54, 5. 3. 1979, p. 48. () OJ No L S8, 9. 3. 1979, p. 1 () OJ No L 190, 26. 8. 1970, p. 2. HAS ADOPTED THIS REGULATION : Article 1 The downgrading of a quality wine psr within the meaning of this Regulation shall consist in with- drawing from the wine concerned entitlement to any of the terms designating it a quality wine psr. Article 2 1. A quality wine psr may be downgraded at the marketing stage only by the bodies designated for this purpose by the Member States : — to a table wine, — to a wine suitable for yielding table wine, or — to a wine not covered by the above indents. 2. At the marketing stage a quality wine psr may be downgraded where an official analytical or organo- leptic examination reveals that a deterioration found in the course of ageing, storage or transport has weak- ened or altered the characteristics of that wine in such a way that it no longer possesses the characteristics typical of the quality wine psr in question. A quality wine psr shall in particular be considered as having undergone deterioration justifying its down- grading whether it has been found : ' (a) that it no longer meets the requirements relating to at least one of the characteristic features referred to in Article 14 of Regulation (EEC) No 338/79; or (b) that it no longer possesses the colour, clarity, smell or taste which normally distinguish a quality wine psr originating from the region whose name it bears. Article 3 1. The downgrading of a quality wine psr at the marketing stage shall be pronouced by the competent body referred to, as the case may be, in Article 2 (1) or (3) of Regulation (EEC) No 460/79. '