L 55/16 Official Journal of the European Union 24.2.2004 COMMISSION REGULATION (EC) No 316/2004 of 20 February 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 14931999 as regards the description, designation, presentation and protection of certain wine sector products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (), and in particular Articles 53 and 80(b) thereof, Whereas: 1 () ) After Commission Regulation (EC) No 753/2002 (3 had been adopted it was found to contain some technical errors, which should be corrected. For the sake of clarity and consistency, some provisions of the Regulation should also be rearranged. Regulation (EC) No 753/2002 was notified to the World Trade Organisation. A number of wine-producing third countries entered reservations about the text. In the light of those comments, two consultations have been held in Geneva to explain the new rules on labelling and to listen to third countries' concerns. Having regard to the claims by third countries, some changes should be made to Regulation (EC) No 753/ 2002. These involve opening the use of certain tradi- tional terms to third countries provided that they fulfil equivalent conditions to those required from Member States. Furthermore, given that several third countries do not have the same level of centralised regulation as the Community, some requirements should be amended while at the same time ensuring the same guarantees as to the binding nature of those rules. Given the impossibility of finalising the adoption proce- dure for this measure before 1 February 2004, the time limit laid down in Article 47 should be extended to 15 March 2004. Regulation (EC) No 753/2002 should be amended accordingly. The Management Committee for Wine has not has not delivered an opinion within the time limit set by its chairman, OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commis- sion Regulation (EC) No 1795/2003 (O] L 262, 14.10.2003, p. 13). OJ L 118, 4.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 1205/2003 (O] L 168 5.7.2003, p. 13). HAS ADOPTED THIS REGULATION: Atrticle 1 Regulation (EC) No 753/2002 is hereby amended as follows: 1. in Article 5(1) the second subparagraph is replaced by the following: ‘Furthermore, the Member State concerned may provide for ad hoc derogations for certain quality wines psr and quality sparkling wines psr as referred to in Article 29 aged in bottles for a long period before sale, provided that they lay down control requirements and rules for circula- tion for those products. Member States shall notify the Commission of the control requirements which they have laid down.’; . in Article 9, paragraphs 4 and 5 are deleted; . Article 12(1)(b) is replaced by the following: ‘(b) Terms that are not defined in the Community rules but use of which is regulated in the Member State or conforms to the rules applicable to wine producers in the third country concerned, including those emanating from representative trade organisations, provided that they notify them to the Commission, which shall take all appropriate steps to ensure that those terms are publicised.’; . Article 24 is amended as follows: (a) in paragraph 5, the introductory phrase is replaced by the following: ‘To qualify for inclusion in Annex III, a traditional term must:’; (b) paragraph 6 is deleted; (c) paragraph 8 is deleted; . the third paragraph of Article 28 is replaced by the following: ‘The rules referred to in the second paragraph may, however, allow the term “...” (traditional designation) to be used in conjunction with “...” (retsina) without necessa- rily being linked to a specified geographical indication.’;