DO and IGP regulations
Spain is characterized by being a country with great cultural and historical diversity, which is reflected in the recognition of a large number of foods with their own quality characteristics due to the geographical area in which they have originated, fundamentally, in the form of Protected Designations of Origin. (DOP) and Protected Geographical Indications (PGI).
The PDO and PGI can be considered as an element that favors the differentiation of production, contributing to the increase in the competitiveness of the agri-food industries, fundamentally through the valorization of these products by the consumer, being, at the same time, an instrument backbone in the development and sustainability of rural fabrics and establishing itself as a sign of promotion of the image of Spanish products abroad.
The first legal framework for the protection of Spanish Denominations of Origin dates back to 1932, at which time our country was provided with the first legal framework on the matter, the Statute of Wine, by Decree of September 8, later elevated to Law by the May 26, 1933 and which was aimed solely at wine. Subsequently, the national framework was modified through Law 25/1970, of December 2, on the Statute of Vine, Wine and Alcohols, and which extended the model to other foods. Finally, Law 24/2003, of July 10, on Vineyards and Wine, was the last specific national legislation for wine. Similarly, it is worth mentioning the ruling of the Constitutional Court (STC 112/1995) in which, to make a clear distribution of powers between the Autonomous Communities and the State in this matter, it establishes that “ The State can, without a doubt, dictate Valid regulations – basic or full as appropriate – where the Autonomous Communities do not have exclusive jurisdiction. And it can also organize the designations of origin that cover the territory of several Autonomous Communities, an action that logically can only be carried out by the general bodies of the State .
But the regulatory evolution in the matter has not been exclusive to Spain, in such a way that the European Union has been providing itself since the 1990s, progressively and in constant evolution, with a legal framework that covers the recognition, protection and control of PDOs and PGIs from a harmonized approach and with common elements for all Member States. This approach to European regulations, where the role of the European Commission has become key and protagonist, has surpassed the approach established in national regulations.
Specifically, following the review carried out by the European Union on regulated voluntary schemes, the Guidelines on best practices applicable to voluntary certification schemes for agricultural and food products and, above all, Regulation (EU) No 1151 /2012 of the European Parliament and of the Council, of 21 November 2012, on quality regimes for agricultural and food products, have established the legal framework in which both the new types of voluntary labeling and the traditional rights must be framed. of intellectual property that link quality to the geographical origin of the products through the figures of the PDO and the PGI, giving stability at the European level, through the precepts mainly of title II of the aforementioned Regulation (EU), to these figures today also protected at a global level by the rules of the World Trade Organization and, in particular, by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) approved at the Marrakesh Conference, on April 15, 1994, which ended the Uruguay Round and created the World Trade Organization itself.
For all these reasons, given the growing intensity in the regulation of the content of these intellectual property rights, especially by the European Union, the fifth additional provision establishes the indisputable prevalence of said European Union Law when it currently regulates or does so in the future aspects, whatever they may be, of these intellectual property rights without leaving areas or margins of appreciation to the Member States.
In defending the common model, the involvement of operators is necessary, particularly through entities in charge of managing PDOs and PGIs, which must have their own legal personality independent of the Administration, although with a direct relationship of collaboration. In this sense, the adequate and necessary collaboration in the management of the protection figure can lead to the attribution of public functions in the management entities, which is why the text contemplates the creation of public law corporations. In fact, in the law itself, nine public law corporations are created for as many Regulatory Councils that, at the time of adoption of this law, are considered deconcentrated bodies of the Administration and that have expressly requested access to this legal formula.
II
Likewise, to guarantee the proper functioning of the system, the recognition, management and defense of the protection figure is not enough; adequate and truthful information to the consumer must also be ensured, as well as respect for fair competition between operators. A reflection of this need is the inclusion of specific controls on PDO and PGI in the general community regulatory framework of official controls on feed and food.
The new precepts established by European regulations regarding official control and by the specific regulations for PDOs and PGIs, together with the multiple changes that the agri-food sector has experienced, motivate the need to establish a new and single national regulatory framework. Therefore, the object of this law is the establishment of a new legal regime, complementary to European regulation, applicable to PDOs and PGIs, whose territorial scope extends to more than one autonomous community and clearly delimits the functions of its management entities. and the exercise of official control by the competent authority.
In this regulation, the part relating to the control of compliance with the requirements established on a mandatory basis for the marketing of the covered products is essential, as it constitutes an essential element to guarantee the legal security of the different operators, and to not disappoint the expectations of the consumers.
For these purposes, the law regulates and develops the powers that the legal system attributes within the General Administration of the State to the Ministry of Agriculture, Food and Environment in relation to agricultural and food products covered by a PDO or PGI, in particular those relating to official controls, without prejudice to the powers that other ministerial departments may have.
The Food Information and Control Agency, an autonomous body of the Ministry of Agriculture, Food and Environment, will carry out official control functions before the marketing of PDOs and PGIs whose territorial scope extends to more than one autonomous community. To assign these new functions, it is necessary to modify Law 12/2013, of August 2, on measures to improve the functioning of the food chain, which creates the Food Information and Control Agency in order to provide it with new purposes and create a fee that will be required for the provision of its inspection and control functions and for which European regulations enable.
Likewise, this law includes, in accordance with the provisions of European regulations, the possibility of delegating specific tasks related to official controls to control bodies that act as product certification bodies, provided that they meet certain requirements relating to fundamentally, to their technical competence, objectivity, and express authorization from the competent authority.
On the other hand, regarding the inspection and sanctioning regime, they have been reviewed taking into account the jurisprudence resulting from the application of Law 24/2003, of July 10, on Vine and Wine. In this regard, it should be noted that in the section on prescription and expiration, although the principle of expiration of the action established in article 18.2 of Royal Decree 1945/1983, of June 22, is included, extending the term, it is specified that it will not be of application in the case of expired sanctioning procedures that must be restarted. In this way, the effects of expiration and prescription established in our legal system are respected (Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure).
III
The law consists of a total of six chapters.
Chapter I, on general provisions, establishes the object and scope of application of the law, as well as its purposes and the basic definitions necessary for its application.
Through Chapter II on cooperation between public administrations, the aim is to enhance the instruments of cooperation between public administrations, based on the experiences developed in recent years. Under the principle of voluntariness, the aim is to facilitate the joint development of actions, with the aim of achieving a more efficient use of the resources available to the PDO and PGI control system, which will undoubtedly result in improvements for the entire sector without the need to provide additional resources.
In particular, this chapter addresses the different assumptions in which the General Administration of the State-autonomous communities relationship is made explicit. The starting point is respect for the scope of each Administration and relationship formulas are arbitrated, such as the prior report of the Administration that may be affected by decisions or actions of another Administration, collaboration agreements and the constitution, where appropriate, of consortia for the management of common interests, particularly in the field of official control of PDO and PGI and sanctioning procedures for infractions classified in this law.
The collaboration extends to especially sensitive aspects of public action, such as those corresponding to the exercise of the inspection function.
As an exponent of the collaboration impulses that govern the law, it has foreseen that by agreement of the Sectoral Conference of Agriculture and Rural Development, the commissions and groups that are necessary for cooperation in the field of the PDO and PGI can be created.
Chapter III defines the state-level PDO and PGI protection system. The general principles of the system are defined and the affected products are identified in accordance with the applicable European regulations. Likewise, the content and scope of the protection granted to names protected by being associated with a PDO and PGI are regulated, noting that protection extends from production to all phases of marketing, presentation, advertising, labeling and other documents. commercial of the affected products.
Chapter IV regulates the management entities, called Regulatory Councils, of PDO and PGI whose territorial scope extends to more than one autonomous community, which must have their own legal personality and have a governing body, where they are represented equally. all economic interests involved in obtaining the product and be authorized by the Ministry of Agriculture, Food and Environment. The law provides for the possibility of being constituted as public law corporations to which the exercise of certain public functions can be attributed.
Chapter V regulates general aspects of the PDO and PGI control system, which provides guarantees for economic operators and consumers. Thus, it is explicitly established that the Ministry of Agriculture, Food and Environment will be responsible for verifying compliance with the specifications before the marketing of PDO and PGI whose territorial scope extends to more than one autonomous community. Likewise, in compliance with European regulations, the power to delegate certain control tasks to control bodies that act as product certification bodies is provided.
Finally, Chapter VI regulates the inspection and the sanctioning regime applicable within the scope of the State’s powers in matters of control of PDOs and PGI, classifying the infractions that are classified as minor, serious and very serious, and establishing the amount of sanctions applicable in each case. The holders of the competence to initiate, process and resolve sanctioning procedures are also indicated, as well as the precautionary measures that, where appropriate, may be adopted.
IV
On the other hand, the law, although it repeals title II – System for the protection of the origin and quality of wines – of Law 24/2003, of July 10, on Vine and Wine, as well as other provisions of the same legal text related to the aforementioned matter, since a good part of its content can be considered incompatible with Regulation (EU) No. 1308/2013 of the European Parliament and of the Council, of December 17, 2013, which creates the common organization of agricultural markets and repealing Regulations (EEC) 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 , in the second, third and fourth additional provisions, the indications relating to the characteristics of the wines and the regulation of the traditional terms of the wines are maintained with the rank of law, and with a basic character, in a manner consistent with the provisions of the standards of the European Union on these matters, contained in the indicated regulations and in R(EC) No. 607/2009 of the Commission, of July 14, which establishes certain provisions for the application of Regulation (EC) Council No 479/2008, regarding protected designations of origin and geographical indications, traditional terms, labeling and presentation of certain wine products.
IN
This text has been submitted to the procedure provided for in Directive 98/34/EC of the European Parliament and of the Council, of June 22, which establishes an information procedure regarding technical standards and regulations, and in the Royal Decree 1337/1999, of July 31, which regulates the submission of information regarding technical standards and regulations and regulations relating to information society services, which incorporates this Directive into the Spanish legal system.
CHAPTER I
General disposition
1]
Article 1. Object and scope of application.
This law aims to establish the legal regime, complementary to that established by European Union Law, which is included in the fifth additional provision, applicable to Protected Designations of Origin, hereinafter PDO, and Protected Geographical Indications, in hereinafter IGP; contemplated in article 10 of this law whose territorial scope extends to more than one autonomous community, hereinafter supra-autonomous territorial scope, with special attention to official control before marketing.
Article 2. Purposes.
The following are the purposes of the law:
a) Regulate the ownership, use, management and protection of PDOs and PGIs linked to an origin whose territorial scope extends to more than one autonomous community, regardless of the type of product covered, as well as the legal regime applicable to them. your control.
b) Guarantee the protection of PDOs and PGIs as intellectual property rights by the means provided for in this law and, where appropriate, by those provided for by European Union Law contained in the fifth additional provision and in the Agreement. on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
c) Protect the rights of producers and consumers, guaranteeing compliance with the general principle of truthfulness and justification of the information appearing on the labeling of products covered by a PDO or PGI whose territorial scope extends to more than one community. autonomous.
d) Promote cooperation between the competent Public Administrations.
Article 3. Definitions.
For the purposes of this law, the following definitions are established:
a) Specification: Regulatory document that establishes the requirements that a product from a PDO or PGI must meet, also called “technical file” for geographical indications of spirit drinks.
b) Operator: The natural or legal person responsible for ensuring that their products comply with the criteria established in the specifications before marketing the product, as well as with the rest of the precepts of this law.
CHAPTER II
Cooperation between public administrations
Article 4. Principles of action.
1. In their relations with the autonomous communities, the General Administration of the State and the public bodies linked or dependent on it will adjust their actions to the provisions of articles 3 and 4 of Law 30/1992, of November 26, on the Regime Legal of Public Administrations and Common Administrative Procedure.
2. In any cases in which the decisions or actions of the acting Administration may affect the powers of other Administrations, the latter must obtain a report from the latter before resolving.
Article 5. Cases that affect several competent authorities.
When the territories of several autonomous communities are affected and they and the General Administration of the State must act, the affected Administrations may establish those collaboration and coordination mechanisms that they deem relevant for the proper exercise of the respective powers, which may provide for the designation of a single body for processing the corresponding administrative procedures.
Article 6. Collaboration agreements.
The competent public administrations may sign collaboration agreements and establish for their management a common organization personified in the manner provided for in section 5 of article 6 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure.
The common organization will assume the functions expressly determined by the collaboration agreement and may receive from the competent Administrations the entrustment of the powers that are necessary for the best fulfillment of the tasks of said Administrations, particularly in the field of official control of the PDOs. and IGP and the sanctioning procedures for infractions classified in this law.
Article 7. Collaboration in the exercise of the inspection function.
Public administrations and public bodies linked or dependent on them will provide, when required to do so and in accordance with the regulations applicable in each case, the information requested by the corresponding inspection services, and will provide the necessary collaboration.
In terms of inspection and control, the competent public administrations may request the necessary support from any other authority, as well as from the state, regional or local security forces and bodies.
Article 8. Cooperation bodies regarding Protected Designations of Origin and Protected Geographical Indications.
In accordance with the provisions of article 5 of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure, by Agreement of the Sectoral Conference of Agriculture and Rural Development, those commissions may be created. and groups that are necessary for cooperation in the field of PDOs and PGIs.
CHAPTER III
The protection of Protected Designations of Origin and Protected Geographical Indications
Article 9. General objectives.
The general objectives of the PDO and PGI, without prejudice to what is regulated by European regulations, are the following:
a) Protect the rights of producers and consumers, guaranteeing compliance with the general principle of truthfulness and justification of the information appearing on the labeling of agricultural and food products covered by a PDO or PGI.
b) Guarantee the specificity of the agricultural or food product covered by a PDO or PGI and its protection, maintaining its diversity and commercial reputation.
c) Provide operators with an instrument to differentiate their products, as an additional element to help strengthen fair and effective competition in the sector.
Article 10. Protected Designations of Origin and Protected Geographical Indications.
For the purposes of this law, the following PDO and PGI established by European Union regulations are considered:
a) Protected Designations of Origin and Protected Geographical Indications of wine products.
b) Geographical Indications of spirit drinks.
c) The Geographical Indications of aromatized wines, aromatized wine-based beverages and aromatized cocktails of wine products.
d) Protected Designations of Origin and Protected Geographical Indications of other products of agricultural or food origin.
Article 11. Cross-border Denominations of Origin and Geographical Indications.
1. In the case of PDOs or PGIs whose territorial scope affects the national territory and, in addition, another or other Member States of the European Union, the relationship with the competent authority of the other or other Member States will correspond to the General Administration of the State through the corresponding channel.
2. Appropriate collaboration procedures will be articulated by the General Administration of the State and the autonomous communities affected by a cross-border geographical indication.
3. For the adoption of the corresponding decisions, the General Administration of the State will consult the affected autonomous communities.
Article 12. Ownership, use and management of names protected by a PDO or PGI of supra-autonomous territorial scope.
1. The names protected by being associated with a supra-autonomous PDO or IGP are assets of the state public domain that cannot be subject to individual appropriation, sale, alienation or encumbrance.
2. The use of protected names may not be denied to any natural or legal person who meets the requirements established for each DOP or PGI, except for the penalty of temporary loss of use of the protected name or for any other legally established cause.
Article 13. Protection.
In accordance with the protection offered by European Union regulations:
1. Names protected by being associated with a PDO or PGI may not be used to designate other comparable products not protected.
2. Protection will extend from production to all marketing phases, presentation, advertising, labeling and commercial documents of the affected products. The protection applies against any misuse, imitation or evocation and implies the prohibition of using any false or misleading indication as to the origin, geographical origin, nature or essential characteristics of the products on the container or packaging, in advertising or in documents relating to them.
3. Names that are the subject of a PDO or PGI may not be used in the designation, presentation or advertising of products of a similar type or services, to which the name has not been assigned and that do not comply with the requirements. requirements of said type of protection or designation, even if such names are translated into other languages or preceded by expressions such as “type”, “style”, “imitation” or other similar ones, not even when the true geographical origin of the product is indicated. Nor may expressions such as “produced in…”, “manufactured in…” or other similar expressions be used.
4. The names that are the subject of a PDO or PGI may not be used as internet domain names when their owner lacks rights or legitimate interests over the name and uses it for the promotion or marketing of comparable products not covered by them. For these purposes, the names subject to a PDO or PGI are protected against their use in Internet domain names that consist of, contain or evoke said PDO or PGI.
5. Signs that reproduce, imitate or evoke a protected name such as DOP or PGI may not be registered as trademarks, trade names or company names, provided that they are applied to the same products or to similar, comparable products or that can be considered ingredients or that can be take advantage of their reputation.
6. Agricultural and food operators must introduce in the labels and presentation of the products covered by a PDO or PGI sufficient elements to differentiate in a simple and clear way their designation or type of protection and their geographical origin or provenance, and to avoid, in In any case, confusion among consumers.
7. Operators of a specific PDO or PGI may not be required to use brands exclusively for products of said PDO or PGI. In any case, the designation and presentation of the products of said operator will contain sufficient identifying elements to avoid misleading or confusing the consumer.
8. At the justified request of the group of producers provided for in section 1 of Article 14, the protection of the geographical names of the subzones and municipalities, notably linked to the PDO and PGI, used may be regulated in the corresponding specifications. for the marketing of the agricultural or food product covered by such figures, as long as it does not oppose the provisions of the general regulations on food information.
Article 14. Recognition of Protected Designations of Origin and Protected Geographical Indications of supra-autonomous territorial scope.
1. Any group of producers of a specific product or a producer may request the recognition of a PDO or PGI, in the form and conditions provided for in the regulations of the European Union.
2. The procedure in the national phase, established by European Union regulations, will correspond to the Ministry of Agriculture, Food and Environment, in the case of a PDO or PGI whose territorial scope extends to more than one autonomous community. Said national procedure will be developed by regulation.
CHAPTER IV
Management entities
Article 15. Composition.
The management of one or more PDO or PGI may be carried out by a management entity called the Regulatory Council, in which the operators registered in the registries of the corresponding PDO or PGI will be represented and which must have prior authorization from the Ministry of Agriculture. , Food and Environment in the terms provided by regulation. Said management entity will meet, at least, the following conditions:
a) Have its own legal personality.
b) Have a governing body, where all economic and sectoral interests that significantly participate in obtaining the protected product are equally represented.
c) Have the necessary means to be able to carry out their functions.
The deadline for the competent body of the Ministry of Agriculture, Food and Environment to resolve the application for authorization will be six months from the submission of the application. The passage of said period without having been notified of an express resolution will allow the interested party to understand that their request has been rejected.
Article 16. Functions.
The functions of the management entities, with an indicative and non-exhaustive character, will be the following:
a) The promotion and defense of the protected product, as well as seeking exhaustive protection of the name protected by the PDO or PGI, registering for this purpose the corresponding trademarks, internet domain names and other industrial property rights that may complement the protection. provided by the legislation in this matter.
Exercise judicial or extrajudicial actions at your disposal to defend the name protected by the PDO or PGI against its illegitimate use that constitutes acts of unfair competition or other improper uses.
b) Propose modifications to the specifications to the Ministry of Agriculture, Food and Environment.
c) Keep the internal records required by the technical standards of each entity, as well as collaborate with the Ministry of Agriculture, Food and Environment in the maintenance of official records related to the PDO or PGI.
d) Collaborate with the Ministry of Agriculture, Food and Environment and competent bodies of the autonomous communities, in particular, in their official control actions.
e) Regardless of the complaints that may be presented to other administrative authorities or judicial bodies, report to the Ministry of Agriculture, Food and Environment practices that do not comply with the provisions of the specifications and the current legal regulations related to the scope of application of this law, regardless of the complaints that may be presented to other administrative authorities or judicial bodies.
f) Qualify each vintage or harvest in the case of PDO or PGI wines.
g) Apply statutes that oblige its members, among others, to do the following:
1. To apply the rules adopted by the management entity regarding: notification of production, marketing and environmental protection;
2. To provide the information requested by the management entity for statistical purposes and monitoring of production and marketing;
3. To submit to the internal control regime that, where appropriate, is statutorily established;
4. To respond for non-compliance with the obligations provided for in the statutes, as well as facilitate the supervision of compliance; and
5. To send the declarations or reports to which they are obliged.
The above functions must be carried out in accordance with national and European regulations, and in no case must they facilitate or give rise to anti-competitive conduct incompatible with articles 101 and 102 of the Treaty on the Functioning of the European Union.
Article 17. Legal regime.
The management entities may adopt the form of a public law corporation with full capacity to fulfill their purposes. To these effects:
a) They will relate to the General Administration of the State for the purposes of this law through the Ministry of Agriculture, Food and Environment.
b) They will acquire legal personality from the moment their governing bodies are established.
c) They will be governed by private law. However, their actions must comply with the provisions of this law, the regulations that develop it, the applicable European regulations, its statutes and, in the exercise of public powers or functions, administrative law.
d) They will be made up of operators registered in the official records of the corresponding PDO or PGI.
e) They will prepare and approve statutes that must be submitted, for administrative approval, to the Ministry of Agriculture, Food and Environment and that must include, at least, their purposes and functions, organization, rights and obligations of the operators that comprise them. , economic and financial regime, internal control, if any, and disciplinary regime. The Ministry of Agriculture, Food and Environment, prior to denying the statutes, will submit them to the opinion of the Council of State.
f) The structure and operation must be democratic. For these purposes, representation systems based on weighted voting may be understood.
g) They will carry out any other function that, independently of those established in this law, is attributed to them by the legal system, their statutes or resulting from the specifications of the DOP or PGI that are compatible with their nature and with current regulations.
h) In addition to the functions contemplated in article 16, they may carry out the following functions, which must be carried out in accordance with national and European regulations, and in no case must they facilitate or give rise to anti-competitive conduct incompatible with articles 101. and 102 of the Treaty on the Functioning of the European Union:
1. Keep the official records required by the applicable regulations, including operator records.
2. Adopt, in the terms provided for in the Common Agricultural Policy and within the framework of the specifications applicable to each PDO or PGI, for each campaign, according to criteria of defense and improvement of quality, the maximum limits of production and transformation or authorization of any aspect of the annual situation that may influence these processes. These decisions will be made public in a way that guarantees their possibility of access to all interested parties and will be communicated to the Ministry of Agriculture, Food and Environment who, where appropriate, will inform the Commission of the measures adopted.
3. Issue product or operator certificates covered by the DOP or PGI at the request of the interested party who requests it.
4. Establish the minimum requirements that commercial labels must meet, which will be communicated to the Ministry of Agriculture, Food and Environment and made public so as to guarantee their possibility of access to all interested parties.
5. Establish the requirements and manage back labels, seals and other guarantee marks.
6. Perform all those functions that are expressly assigned to them by the Ministry of Agriculture, Food and Environment related to PDOs and PGI, excluding official control, except in the conditions provided for in article 23, in relation to the protected interests. for the protection figure.
The resolutions adopted regarding the exercise of these functions may be subject to administrative challenge before the Ministry of Agriculture, Food and Environment.
Article 18. Financing.
Management entities may require financial contributions from operators to finance the cost derived from their organization and operating rules.
Article 19. Information and control obligations.
The management entities will provide the Ministry of Agriculture, Food and Environment with the information that is established by regulation, and will be subject to its control.
Article 20. Geographic scope.
When the geographical scope of an agri-food interprofessional organization coincides with the area of production and preparation of a PDO or PGI, and said interprofessional organization is regulated under the provisions of Law 38/1994, of December 30, on interprofessional organizations agri-food, and is, in addition, recognized for the same product as that of the PDO or PGI, and with the same requirement of parity between the different subsectors, it may be established, at the request of said Interprofessional Organization, that representation in the governing body of the management entity, and its composition, is that established in the Board of Directors of the Interprofessional Organization.
CHAPTER V
The control of Protected Designations of Origin and Protected Geographical Indications
Article 21. Self-control.
1. Operators, in each and every stage of production and processing, must establish a documented system of self-control of the operations of the production process carried out under their responsibility, in order to comply with the provisions of the corresponding specific legislation and ensure compliance with the product specifications as well as any other applicable provision.
2. Operators must keep the documentation related to self-control for a minimum period of five years, which must be extended depending on the useful life of the product.
3. Management entities may establish, within the framework of internal control, consulting and advisory systems aimed at facilitating operators’ compliance with the specifications of a product.
Article 22. Official control.
1. The official control of PDOs and PGIs before marketing will consist of verifying compliance with the specifications of a product. It will affect all the stages and activities included in it, including, where applicable, production, handling, classification, preparation, transformation, conservation, packaging, storage, labeling, presentation and transport.
2. Official control will also apply to all products and elements involved in the processes that are part of the chain: raw materials, ingredients, semi-finished or intermediate products and finished products; the technological processes and equipment for manufacturing, processing and treating food; the means of conservation and transportation; as well as in the labeling, presentation and advertising of foods.
3. Official control will consist of the inspection of the premises, facilities and farms related to the product covered by the DOP or PGI figure, the taking of samples and their analysis, and the documentary examination. It will also be applied to the verification of the planning and execution of the self-control and internal control systems and their documentary records.
4. Official control will adhere to the principles of legality, proportionality, security, contradiction, agility and administrative simplification.
5. Official control is the responsibility of the Ministry of Agriculture, Food and Environment. The control system for each DOP or PGI will be established after consulting the management entity.
Article 23. Delegation of official control tasks.
1. The Ministry of Agriculture, Food and Environment may delegate certain control tasks related to the verification of compliance with the specification before marketing to one or more control bodies acting as product certification bodies, in accordance with what is established in European regulations on official controls.
2. Control bodies that act as product certification bodies must be accredited in accordance with the UNE-EN ISO/IEC 17065:2012 standard or standard that replaces it. While they obtain accreditation, the Ministry of Agriculture, Food and Environment may grant provisional authorizations of twelve months for such organizations.
3. In the event that the certification bodies become aware of irregularities during their control work, they will proceed to report them to the competent authority.
4. The Ministry of Agriculture, Food and Environment may withdraw or suspend the delegation if the control bodies are not correctly carrying out the tasks assigned to them, particularly in the cases of the commission of serious or very serious infractions classified in section 2 of article 31 and section 2 of article 32 of this law. The delegation will be withdrawn without delay if the supervisory body does not take appropriate and timely corrective measures.
5. The Ministry of Agriculture, Food and Environment will be responsible for supervising the work carried out by the delegated bodies.
Article 24. Internal control of management entities.
1. The management entities may establish in their statutes an internal control system aimed at monitoring compliance with the obligations assumed by the operators, included in the specifications.
2. When the management entity is constituted as a public law corporation, the reports derived from the application of the internal control system, relating to non-compliance with the specifications by an operator, may be considered a request for initiation of a sanctioning procedure. at the reasoned request of another body, provided for in article 69, of Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure. To this end, the annual programming of the internal control applied must be approved by the Ministry of Agriculture, Food and Environment.
3. In addition to what is provided in the previous section, when the management entity is constituted as a public law corporation, the facts related to non-compliance with the specifications by an operator verified by the staff of the structure in charge of internal control will have presumption of certainty and will constitute public documentary evidence for the purposes of its assessment in the sanctioning procedure without prejudice to the evidence that the interested party may indicate or provide in defense of his or her rights or interests. To this end, the structure must be accredited in accordance with the UNE-EN ISO/IEC 17020/2012 standard and will communicate to the Ministry of Agriculture, Food and Environment regularly and whenever it requests it, the results of the controls carried out. . If the results of the controls reveal or suspect non-compliance, the structure will immediately inform the competent authority.
4. The Ministry of Agriculture, Food and Environment will be responsible for supervising the application of the internal control system by the management entities.
The Ministry of Agriculture, Food and Environment may withdraw the presumption of certainty and consideration of public documentary evidence, provided for in the third section of this article, if the results of an audit or inspection reveal that the structure in charge of internal control does not is doing it properly. It will be withdrawn without delay if the structure in charge of internal control does not take appropriate and timely corrective measures.
Article 25. Obligations of operators, management entities and control bodies.
1. All operators, their management entities, as well as the control bodies to which certain tasks have been delegated will be obliged to keep the documentation established by the regulations applicable in each case under conditions that allow verification and for a minimum period of time. five years, which may be exceeded until the end of the product’s useful life.
2. Operators will be obliged to:
a) Comply with the specifications of the DOP or PGI, as well as the necessary standards for its correct application.
b) Provide all kinds of information on facilities, products, services or production or processing systems, allowing direct verification within the framework of official control.
c) Show the administrative, industrial, commercial and accounting documentation related to your activity that is considered necessary for the development of official control actions.
d) Facilitate obtaining a copy or reproduction of the aforementioned documentation.
e) Allow timely sampling or any other type of control or testing to be carried out on the products or merchandise that they produce, distribute, or market, and on the raw materials, additives or materials that they use, within the framework of official control. .
f) Provide the necessary material and human resources at their disposal for the development of official control actions.
g) Notify the data necessary for its corresponding registration in the records kept by the management entities that may be established by provisions of organization and operation of the management entities or by regulatory standard. When there is no management entity, to notify such data to the Ministry of Agriculture, Food and Environment.
h) Communicate the commercial labels to the management body at least fifteen days before they are put into circulation. In response to such communication, the management body may present observations if it has established the requirements provided for in section 4 of letter h) of article 17 of this law.
i) Collaborate with management entities and other competent authorities to defend and promote the PDO or PGI and the covered products.
j) Contribute financially to the financing of the management entities for the development of their functions, in accordance with the provisions of articles 18 and 24.
3. Management entities are obliged to:
a) Provide all the information required by the inspection services.
b) Show all the administrative and accounting documentation related to its management that is considered necessary by the inspection for the development of its actions.
c) Collaborate with the official control inspection services.
d) Report to the competent authority any irregularities known to them and, in particular, those detected through their internal control.
e) Keep the books and records up to date, as well as make the declarations that are established by regulation.
f) Publish general agreements and decisions.
4. Control bodies are obliged to:
a) Report irregularities found in the performance of their control tasks to the competent authority.
b) Collaborate with the competent authority for official control.
c) Report on the actions carried out under the conditions established by regulation, making available for official control the actions carried out in compliance with the delegated tasks.
d) Inform the operators they control, in the development of their certification functions.
e) Keep the books and records up to date, as well as make the declarations that are established by regulation.
CHAPTER VI
Inspection and sanctioning regime
Article 26. General principles.
1. For the purposes of this law, administrative infractions will be considered those classified in the following articles as minor, serious and very serious.
2. The exercise of the sanctioning power in execution of the provisions of this law will correspond to the Ministry of Agriculture, Food and Environment, in accordance with the provisions of Chapter II of Title IX of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and the Common Administrative Procedure.
3. When the services of the Ministry of Agriculture, Food and Environment, in the exercise of their official control functions, appreciate that there may be risks to human health, animal and plant health, including plant reproductive material, the environment. environment or non-compliance with legislation on commercial quality or consumption, they will transfer the corresponding part of the actions to the competent authorities.
Article 27. Inspectors as agents of authority.
1. In the exercise of their control functions, the officials who carry out the inspection tasks will have the character of agent of the authority, with the effects of section 3 of article 137 of Law 30/1992, of November 26, of Legal Regime of Public Administrations and the Common Administrative Procedure, being able to request the support of any authority, as well as the state, regional or local security forces and bodies.
2. Inspectors may directly access the farms, premises, facilities and means of transport, and the administrative, industrial, commercial and accounting documentation of the companies they inspect when they consider it necessary in the course of their actions which, in any case, They will be confidential.
3. Inspectors are strictly obliged to comply with the duty of professional secrecy. Failure to comply with this duty will be sanctioned in accordance with the precepts of the corresponding disciplinary regime regulations.
Article 28. Inspection record.
1. In inspection actions, the inspector will draw up minutes in which the relative data of the company or exploitation inspected and the person before whom the inspection is carried out will be recorded.
2. The minutes will also record the evidence found, the measures ordered by the inspector and all the relevant facts for the inspection, especially those that may have an impact on a possible sanctioning procedure.
3. The inspection report will be signed by the inspector and by the owner of the company or exploitation subject to inspection, or by his legal representative or responsible person and, in the absence of the same, by any employee. A copy of the record duly identified will be left with the inspected. When the aforementioned persons refuse to intervene in the minutes, it will be authorized with the signature of a witness if possible, without prejudice to demanding the responsibilities incurred for such refusal. The minutes will be authorized with the signature of the inspector in any case.
4. The minutes formalized in accordance with the provisions of the previous sections will enjoy a presumption of certainty, without prejudice to the evidence that the interested parties themselves may provide in defense of their respective rights.
5. Said minutes will be sent to the competent body to initiate the appropriate actions, proceedings or procedures, including, where appropriate, the sanctioning procedure.
Article 29. Precautionary measures.
1. The competent authority, by means of a reasoned agreement, may adopt the precautionary measures it deems necessary in relation to the serious and very serious infringements provided for in this law, to avoid the maintenance of the effects of the infringement and satisfy the requirements of general interests. .
2. The inspectors, for reasons of urgency and to provisionally protect the interests involved, may provisionally immobilize the merchandise, products, packaging, labels, and other elements related to any of the serious or very serious infractions provided for in this law, always that there is a risk of harm to people, animals or the environment, or may involve possible fraud or deception of the consumer, stating in the minutes both the object and the reasons for the intervention.
3. The precautionary measures adopted by the inspectors must be confirmed, modified or lifted, within a period of no more than fifteen days, by the competent authority. The precautionary measures will lose their effect if, after the aforementioned period, an express ruling is not made.
4. If a sanctioning procedure is initiated, said precautionary measures must be expressly confirmed or modified by the body competent to resolve the procedure. However, for reasons of urgency that cannot be postponed, the confirmation or modification of the aforementioned measures may be agreed upon by the body competent to initiate the sanctioning procedure or its instructor.
5. When the alleged infraction detected is attributable to a management entity, or to a control body that acts as a product certification body, the body competent to initiate the sanctioning procedure may agree to the precautionary suspension of the recognition of the indicated management entity. or the delegation of certain tasks to the control body, proposing to the competent authority for its designation or recognition that it establish the management or control system that replaces it while the sanctioning procedure is carried out.
6. In any case, the measures provided for in this article may be lifted or modified, ex officio or at the request of a party, during the processing of the procedure by reasoned agreement of the authority that resolves. These measures will expire with the effectiveness of the administrative resolution that ends the corresponding procedure.
7. If there are expenses caused by the measures adopted, they will be borne, as appropriate, by the operators, control bodies or management entities.
8. Precautionary measures must be adjusted in intensity, proportionality and needs to the objectives that are intended to be guaranteed, weighing the interests at stake, choosing those that least harm the freedom of movement of goods, business or other affected rights.
Article 30. Minor infractions.
Minor infractions are considered:
a) The non-presentation of the records or record books or documentation, the possession of which in the inspected facilities is mandatory when they are required for their control in inspection acts, provided that it is considered an occasional omission.
b) Occasional inaccuracies or errors in quantity in the records, accompanying documents, declarations or in general in the documentation that is mandatory, when the difference between the amount recorded therein and the correct one does not exceed five percent. cent of the latter.
c) The delay in the annotations of the records, the presentation of declarations and in general the documentation that was mandatory when no more than one month has elapsed from the date on which the first entry not reflected should have been made or the deadline to present the statement or documentation, whenever it is considered an occasional error or omission.
d) The lack of communication of any variation that affects the data provided at the time of registration in the official records, when no more than one month has elapsed since the deadline has expired.
e) The incomplete supply to the competent Administration or the control body of information or documentation necessary for inspection and control functions.
f) The expression in a manner other than that indicated in the respective specifications or in the specific regulations of mandatory or optional indications on the labeling or in the presentation of the products regulated in this law.
g) The application in a manner other than that legally established, except as provided for in serious infractions, of treatments, practices or processes authorized in the preparation or transformation of the products regulated in this law.
h) The physical transfer of the goods seized precautionarily without authorization from the competent body, provided that the seals are not violated nor do the goods leave the facilities in which they were seized, except for duly justified causes of force majeure.
i) Failure to present commercial labels to the management entity, when it has such a function recognized.
Article 31. Serious infractions .
1. The following are considered serious infractions:
a) The lack of records or record books or accompanying documents, declarations or, in general, any documentation that is mandatory, as well as errors, inaccuracies or omissions in them that affect the characteristics of the products or merchandise consigned.
b) Inaccuracies or errors in quantity in the records, accompanying documents, declarations, or in general, in the documentation that is required, when the difference between the amount recorded and the actual amount exceeds five percent.
c) The delay in the annotations of the records, in the presentation of declarations and in general of the documentation that was mandatory when more than one month has passed since the date on which the first entry not reflected should have been made or the deadline to present the declaration or documentation.
d) Failure to comply with the obligation to send information or documentation to the competent Administration or control body within the established period; the provision of false data as well as the delay and opposition to the taking of samples necessary for the inspection.
e) The lack of labels, the omission from them of mandatory indications or their labeling in a non-indelible manner when they are mandatory for those products covered by a PDO or PGI.
f) The use in the labeling, presentation or advertising of the products regulated in this law, of names, indications, qualifications, expressions or signs that do not comply with the provisions of the specific regulations of the DOP or PGI or induce confusion except as provided for very serious infractions.
g) Failure to comply with the specific rules of the DOP or PGI on characteristics, production practices, processing, transformation, conservation, storage, transportation, labeling, packaging or presentation.
h) The possession of machinery, facilities or substances prohibited or not authorized in the specifications when authorization is required, for the production or storage of products, in the facilities or warehouses of the producing, processing or packaging companies.
i) The manipulation or disposal in any form of merchandise intervened precautionarily without having the required authorization.
j) The issuance, marketing or circulation of products covered by a PDO or PGI or their raw materials without being provided with back labels, numbered seals or any other means of control established for the corresponding type of protection.
k) The production, processing, packaging, labeling or marketing of products covered by a PDO or PGI in establishments, farms, plots, facilities or industries not registered in the records of the corresponding PDO or PGI.
l) The existence of products or raw materials necessary to obtain the product in registered facilities without the required documentation that reflects its origin as a product covered by the PDO or PGI, or the existence in the facility of documentation that certifies product stocks. or raw materials necessary to obtain them, without the counterpart of these products, admitting a tolerance of more or less two percent, in general, and one percent for Qualified Denominations of Origin.
m) Failure to comply with the prohibition of introducing products from plantations or facilities not registered in the same into facilities registered in a PDO or PGI, if such condition is reflected in the specifications.
2. For control bodies that act as product certification bodies and their inspection, testing and certification agents, the following will constitute serious infractions:
a) The issuance of certificates or reports whose content does not correspond to the reality of the facts.
b) The carrying out of controls, inspections, trials or tests in an incomplete manner or with inaccurate results due to insufficient verification of the facts or due to the deficient application of technical standards.
c) The delay of more than one month, of the information or documentation to which they are obliged by legal provision.
3. With regard to management entities, a delay of more than one month in the presentation of the declarations, information or documentation to which they are obliged by legal provision will constitute a serious infraction.
Article 32. Very serious infractions.
1. The following are considered very serious infractions:
a) Coercion, threats, insults, reprisals, attacks or any other form of pressure on the responsible persons or their technical team in charge of inspection or administrative surveillance functions, provided that they do not constitute crimes or misdemeanors.
b) The absolute refusal to exercise the inspection function.
c) The refusal to provide information, documentation or statements when required to do so by the competent Administration or by the control body.
d) The use, when there is no right to do so, of indications, names, trade names, brands, symbols or emblems that refer to the names covered by a PDO or PGI, or that, due to their phonetic or graphic similarity with the protected names or with the signs or emblems that are characteristic, may lead to confusion about the nature, quality or geographical origin of agricultural and food products, even if they are preceded by the terms “type”, “style”, “genre”, ” imitation”, “substitute” or other analogues.
e) The use of protected names on products that have been expressly denied, as well as non-compliance with the provisions of sections 2 and 3 of article 13.
f) The improper possession, negotiation or use of documents, labels, back labels, seals and other identification elements of the PDO or PGI, contemplated in the specifications or used in its control.
Exclusively for cases of improper possession or use of labels, back labels, seals and other identification elements, a tolerance margin of a maximum of three percent may be established.
g) The production or elaboration of products covered by a PDO or PGI with raw materials from an origin not authorized in the corresponding specifications.
h) The absence on the labels and presentation of PDO and PGI agri-food products of sufficient elements to clearly differentiate their qualification and origin, in order to avoid causing confusion among consumers, derived from the use of the same brand, name. commercial or company name in the marketing of such products corresponding to different PDO and PGI or coming from different geographical areas.
2. For control bodies that act as product certification bodies and their inspection, testing and certification agents, the following will constitute very serious infractions:
a) Those classified in section 2 of article 31 of this law when very serious damage results or a very serious and imminent danger arises for people, flora, fauna or the environment.
b) The lack of provision of data or provision of false data in the declarations, information or documentation to which they are obliged by legal provision or have been required to do so by the competent Administration.
3. With regard to management entities, it will constitute a very serious infraction to provide the competent Administration with false data or to fail to provide, when required to do so by the competent administration, the declarations, information or documentation to which were bound by legal provision.
Article 33. Responsibility for violations.
1. Those who, by action or omission, participated in them will be responsible for the infractions, even through simple negligence.
2. Unless European regulations provide for a different regime, the firms or company names, including the distributor, that appear on the label, either nominally or through any indication that allows their certain identification, will be responsible for violations in packaged products. Exceptions are cases in which falsification or poor conservation of the product by the holder is demonstrated, provided that the conservation conditions are specified on the label.
Likewise, the processor, manufacturer or packager who does not appear on the label will be jointly and severally liable if it is proven that he was aware of the infringement committed and gave his consent.
In the event that the labels have been falsified, the responsibility will correspond to the forger and to those who, knowing of the falsification, market the products. In the case of poor conservation of the product, the responsibility will be of the cause of the same.
3. For violations in products in bulk, or packaged without a label, or when no signature or company name appears on the label, the holder will be responsible, except when the responsibility of a previous holder can be positively identified, all of this. without prejudice to the responsibility that corresponds to the current one.
4. When compliance with the obligations provided for in this law corresponds to several subjects jointly, or if the infraction is attributable to several and it is not possible to determine the degree of participation of each of them, all will be jointly and severally liable for the non-compliance or the infractions that are committed, as appropriate, as well as the sanctions that are imposed.
5. For infractions committed by legal entities, the control bodies that act as certification bodies, and the management entities, the administrators or owners of the same who do not carry out the necessary acts that were their responsibility for the compliance with the infringed obligations, consent to non-compliance by those who depend on them or adopt agreements that make the infringements possible.
6. The technicians responsible for the production of the products or their control will also be held subsidiarily liable for infractions directly related to their professional activity.
7. Without prejudice to the applicable sanctions, those responsible for the infractions will be obliged to compensate for the damages and losses that may have been caused as a consequence, which will be determined by the body competent to impose the sanction.
Article 34. Sanctions.
1. Minor infractions will be punished with a warning or fine of up to 2,000.00 euros, and this amount may be exceeded until reaching the value of the illicit benefit obtained or of the goods or products subject to the infringement, corresponding to the financial year immediately preceding that of the initiation. of the sanctioning procedure.
2. Serious infringements will be punished with a fine between 2,000.01 and 30,000.00 euros, and this amount may be exceeded up to five times the value of the illicit benefit obtained, or of the goods or products subject to infringement, corresponding to the immediate financial year. prior to the initiation of the sanctioning procedure.
3. Very serious infractions will be punished with a fine between 30,000.01 and 300,000 euros, and this amount may be exceeded up to ten times the value of the illicit benefit obtained, or of the goods or products subject to the infringement, corresponding to the immediately preceding financial year. to the initiation of the sanctioning procedure.
4. The minimum limits of the sanctions established in the previous sections may be reduced by up to fifty percent, when it is deduced from the economic circumstances of the offender that the sanction is too onerous for him by virtue of the volume or value of the merchandise. affected by the infringement and the volume of sales or production and the position of the infringing company in the sector, there have been no serious detrimental effects on the interests of consumers and there has been no recidivism.
5. When serious infractions are committed by operators covered by DOP or PGI and affect them, the temporary loss of use of them for a maximum period of three years may be imposed as an accessory sanction. If these are very serious infractions, temporary loss for a maximum period of five years may be imposed as an accessory sanction.
6. The sanctions provided for in this law will be compatible with the loss or withdrawal of economic rights provided for in European or national regulations.
Article 35. Complementary measures.
When merchandise, products, packaging or labels related to the sanctioned infraction have been provisionally seized, the authority responsible for resolving the sanctioning procedure will agree on their destination. In any case, the expenses incurred will be borne by the offender, including the compensation that must be paid to the owner of the seized merchandise when he is not the offender.
Article 36. Graduation of sanctions.
1. For the specific determination of the sanction to be imposed, among those assigned to each type of infraction, the following criteria will be taken into consideration:
a) The existence of intentionality or simple negligence.
b) The concurrence of several infractions that are sanctioned in the same procedure.
c) The nature of the damages caused; in particular, the detrimental effect that the infringement may have had on the economic interests of consumers, prices, consumption or, where applicable, the prestige of the PDO or PGI.
d) Recidivism, by commission within a period of three years of more than one infraction of the same nature when this has been declared by a final resolution.
e) The volume of sales or production and the position of the offending company in the sector.
f) The recognition of the infraction and the correction of the fault or its effects before the corresponding sanctioning procedure is resolved.
g) The volume and value of the merchandise or products affected by the infringement.
h) The amount of the illicit benefit obtained.
2. The amount of the penalty may be reduced for reasons when the facts constituting the sanctioned infraction cause, at the same time, the loss or reimbursement of community or national benefits.
3. When in the instruction of the corresponding sanctioning procedure the amount of the illicit benefit obtained by the commission of the infractions is determined, the sanction imposed in no case may be lower in amount than the same.
Article 37. Prescription and expiration.
1. Very serious violations will expire after three years, serious violations after two years, and minor violations after one year, counting from the date of commission of the violation.
2. Sanctions imposed for very serious infractions will expire after three years; those imposed for serious infractions after two years; and those imposed for minor infractions per year, counting from the day following the day on which the resolution imposing the sanction becomes final.
3. The action to pursue infringements will expire when the Administration is aware of the existence of an infringement and the procedures aimed at clarifying the facts have been completed, one year has passed without the competent authority having ordered the initiation of any procedure in relation to the infringement. In case of expiration of the procedure, this section will not apply.
For these purposes, when samples are taken, the inspection actions will be deemed completed after the initial analysis has been carried out.
Requests for contradictory and decisive analyzes that are necessary will interrupt the expiration periods until they are carried out.
4. The maximum period to resolve the sanctioning procedure and notify the express resolution of the sanctioning procedure for the infractions established in this law will be ten months.
5. The sampling and analysis carried out, as well as the acts, documents and procedures whose content would have remained the same had the previous procedure not expired, may be preserved and take effect in the new sanctioning procedure.
Article 38. Bodies competent in sanctioning matters.
The following bodies will be competent to impose sanctions with regard to the PDO or PGI:
a) The General Director of the Food Industry, when the total amount of the penalty does not exceed 150,000.00 euros.
b) The Secretary General of Agriculture and Food, when said amount exceeds 150,000.01 euros and does not exceed 500,000.00 euros.
c) The Minister of Agriculture, Food and Environment, when said amount exceeds 500,000.01 euros and does not exceed 1,000,000.00 euros.
d) The Council of Ministers, when said amount exceeds 1,000,000.01 euros.
First additional provision. Public law corporations.
1. The following public law corporations are created:
The public law corporation «Regulatory Council of the Qualified Denomination of Origin ”Rioja”».
The public law corporation «Regulatory Council of the Protected Designation of Origin ”Cava”».
The public law corporation «Regulatory Council of the Protected Designation of Origin ”Jumilla”».
The public law corporation «Regulatory Council of the Protected Designation of Origin ”Calasparra”».
The public law corporation “Regulatory Council of the Protected Designation of Origin ”Idiazabal””.
The public law corporation «Regulatory Council of the Protected Designation of Origin ”Jamón de Huelva”».
The public law corporation «Regulatory Council of the Protected Designation of Origin ”Guijuelo”».
The public law corporation “Regulatory Council of the Protected Geographical Indication ”Carne de Ávila””.
The public law corporation «Regulatory Council of the Protected Geographical Indication ”Asparagus of Navarra”».
2. The conditions and procedure for the creation of Regulatory Councils as public law corporations other than those created by this additional provision will be established by regulation. The resolution of said procedure will correspond to the head of the Ministry of Agriculture, Food and Environment, proceeding to its creation by ministerial order that must be published in the “Official State Gazette.”
3. The governing bodies of the Regulatory Councils that exist upon the entry into force of this law will continue in their functions until the renewal of said governing bodies, which must take place after the approval of the statutes regulated in this law.
4. All assets, including assets, rights and obligations, as well as the staff of the Regulatory Councils established before the entry into force of this law will become part of the Regulatory Councils created in application of the provisions of this law, subrogating itself to all ownership, assets or liabilities, without a solution of continuity.
The provisions of the previous paragraph will not affect the assets and rights of a patrimonial nature of the General Administration of the State, which will be governed by the provisions of Law 33/2003, of November 3, on the Assets of Public Administrations.
Second additional provision. Indications regarding the characteristics of the wines.
For the purposes of its protection, and without prejudice to the powers that the autonomous communities may have in matters of designations of origin and protected geographical indications, the following indications are established regarding mentions of aging:
a) Common indications for wines covered by a PDO or PGI corresponding to category 1 of Annex VII, part II, of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, establishing the common organization of the markets in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/ 2001 and (EC) No 1234/2007:
“Noble”, which may be used for wines subjected to a minimum aging period of eighteen months in total, in oak wood containers with a maximum capacity of 600 liters or in bottles.
“Añejo”, which can be used by wines subjected to a minimum aging period of twenty-four months in total, in oak wood containers with a maximum capacity of 600 liters or in bottles.
“Old”, which can be used by wines subjected to a minimum aging period of thirty-six months, when this aging has had a markedly oxidative character due to the action of light, oxygen, heat or a combination of these factors. .
b) In addition to the indications regulated in the previous paragraph, wines with DOP corresponding to category 1 of Annex VII, part II, of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of December 17, may use the following:
“Crianza”, which may use red wines with a minimum aging period of twenty-four months, of which at least six will have remained in oak barrels with a maximum capacity of 330 liters; and white and rosé wines with a minimum aging period of eighteen months, of which at least six will have remained in oak barrels of the same maximum capacity.
“Reserve”, which may be used for red wines with a minimum aging period of thirty-six months, of which at least twelve will have remained in oak barrels with a maximum capacity of 330 liters, and the rest of said bottle will be used. period; white and rosé wines with a minimum aging period of twenty-four months, of which at least six will have remained in oak barrels of the same maximum capacity, and in bottle for the rest of said period.
“Gran Reserva”, which may be used for red wines with a minimum aging period of sixty months, of which at least eighteen will have remained in oak barrels with a maximum capacity of 330 liters, and in bottles for the rest of said period. ; white and rosé wines with a minimum aging period of forty-eight months, of which at least six will have remained in oak barrels of the same maximum capacity, and in bottle for the rest of said period.
c) Indications specific to quality sparkling wines. You can use the following instructions:
“Premium” and “reserve”, which may use quality sparkling wines defined in European regulations and PDO sparkling wines.
“Gran Reserva”, which can be used by wines with PDO “Cava”, with a minimum aging period of thirty months counted from printing to disgorging.
Third additional provision. Traditional terms.
The traditional terms that indicate that the wine is covered by a PDO or PGI for wines are regulated below:
“Local wine”, which may only appear in a wine belonging to one of categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, part II, of the Regulation (EU ) 1308/2013, of December 17, when it is covered by a PGI.
‘Quality wine’, which may only appear in a wine belonging to one of categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, part II, of the Regulation (EU ) 1308/2013, of December 17, when it is covered by a PDO. The wines will be identified by the mention “quality wine from…”, followed by the name of the region, region, town or specific place where they are produced and made.
“Denomination of origin”, which may only appear on a wine belonging to one of categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, part II, of Regulation (EU) 1308/2013, of December 17, when it is covered by a PDO and the following requirements are also met:
a) The wine must enjoy high prestige in commercial traffic based on its origin.
b) The region, region or place to which the designation of origin refers must have been previously recognized as the geographical area of a quality wine with a geographical indication at least five years in advance.
c) The geographical delimitation of the DOP must exclusively include lands of special suitability for the cultivation of vines.
“Qualified designation of origin”, which may only appear on a wine belonging to one of categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, part II, of the Regulation (EU ) 1308/2013, of December 17, when it is covered by a PDO and the following requirements are met, in addition to the requirements to hold a “Denomination of Origin”:
a) The PDO in question must have used the traditional term “denomination of origin” in its wines for at least 10 years.
b) The wines must be marketed exclusively bottled from wineries registered with the PDO management body and located in its delimited geographical area.
c) The analytical and organoleptic examinations, included in the annual PDO check, must be carried out systematically, in homogeneous batches of limited volume.
d) Wineries registered with the PDO management body, which must be independent and separated, at least, by a public road from other wineries or non-registered premises, must only have grapes coming from registered vineyards or musts or wines from other wineries also registered in the same DOP, and they must exclusively produce or bottle wine with the right to it.
e) Within the PDO production area, the lands that are considered suitable for producing wines with the right to the qualified designation of origin must be cartographically delimited for each municipal area.
“Payment wine”, which may only appear in a wine belonging to one of categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, part II, of Regulation (EU) 1308/2013, of December 17, when it is covered by a PDO, and the following requirements are also met:
a) The geographical area of the DOP must be a payment, understood as the rural area or site with its own edaphic and microclimate characteristics that differentiate it and distinguish it from others in its surroundings, known by a name linked in a traditional and well-known way. to the cultivation of vineyards from which wines with unique features and qualities are obtained and whose maximum extension will be limited by regulation by the competent Administration, in accordance with the characteristics of each Autonomous Community, without being equal to or greater than that of any other of the municipal terms in whose territory or territories, if there are more than one, it is located.
It is understood that there is a notable link with the cultivation of the vineyards, when the name of the vineyard is being used regularly in the market to identify the wines obtained there for a minimum period of five years.
b) The wines must be produced and bottled by natural or legal persons who, by themselves or by their partners, hold ownership of the vineyards located in the payment or on an exceptional basis and in cases where the competent Administration authorizes it by regulation. , in wineries located in the vicinity of the payment which, in any case, must be located in one of the municipal terms through which the payment wine is extended or in the adjacent ones.
c) All the grapes used for these wines must come from vineyards located in the payment and the wine must be made, stored and, where appropriate, raised separately from other wines.
d) In the production of paid wines, a comprehensive quality system will be implemented, which will be applied from the production of the grapes to the placing of the wines on the market. This system must meet, at a minimum, the requirements established for Qualified Denominations of Origin.
Fourth additional provision. Qualified Cava.
1. Taking into account the specificities of the Cava Protected Designation of Origin, wine operators covered by it who produce protected wines from vineyards located in an identified area located within the delimited geographical area, may request, for the product from of said area, make use of the designation “Qualified” in the labeling, presentation and advertising thereof, provided that the provisions of the third additional provision of this Law for the traditional term “Qualified Designation of Origin” are complied with.
The name of said area may appear after the expression “Cava” together with the term “Qualified”, in its capacity as a “minor geographical unit” of the geographical area of the PDO “Cava”.
The specific conditions for the use of this mention will be developed in the specifications of the Cava Protected Designation of Origin.
2. The regulation relating to an identified wine-growing area contained in the previous point may be extended to the Qualified Designations of Origin of wines of supra-autonomous territorial scope.
The specific requirements of such regulation must be developed in the respective specifications.
Fifth additional provision. Specific European Union regulations.
In any case and insofar as they do not leave areas or margins of appreciation to the Member States, the European Union Regulations mentioned below together with their future modifications and implementing regulations will be applicable on a prevailing basis to the content of this Law. as well as any that may subsequently be published by the Union on the matter:
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, designation, presentation, labeling and protection of geographical indications of spirit drinks and repealing the Council Regulation (EEC) No 1576/89.
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the Common Agricultural Policy, repealing Regulations (EC) No 352/78, (EC) No. 165/94, (EC) No. 2799/98, (EC) No. 814/2000, (EC) No. 1290/2005 and (EC) No. 485/2008 of the Council.
Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the common organization of agricultural markets and repealing Regulations (EEC) No 922 /72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007.
Regulation (EU) No 251/2014 of the European Parliament and of the Council, of 26 February 2014, on the definition, designation, presentation, labeling and protection of geographical indications, of aromatized wine products, and by which Council Regulation (EEC) No 1601/91 is repealed.
Sixth additional provision. Use of terms referring to organic farming in fertilizers, soil conditioners, nutrients, pesticides and phytosanitary products.
Terms that refer to the organic production method in labeling, advertising, presentation or commercial documents may only be used in fertilizers, soil conditioners, nutrients, pesticides and phytosanitary products, when they meet the requirements established in the European Union regulations on ecological production. In particular, that said products and substances are contemplated in Annexes I and II of Regulation (EC) No. 889/2008 of the Commission of September 5, 2008, which establishes provisions for the application of Regulation (EC). ) No. 834/2007 of the Council, on production and labeling of organic products, with respect to organic production, its labeling and its control.
For the purposes of the sanctioning procedure, articles 38.2, 39.2, 39.3, 40.2, 40.3, 40.4 and 42.4 of title III of Law 24/2003, of July 10, on Vine and Wine, will continue to apply, in accordance with the provided in point 1 of the single repealing provision.
Seventh additional provision. Penalty regime regarding mandatory declarations and contracts in the milk and dairy products sector.
1. The sanctioning regime for non-compliance with the applicable regulations on mandatory declarations in the milk and dairy products sector, derived from article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of 17 December 2013, establishing the common organization of the markets in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No. 1234/2007, will be the one established in this provision, except in the autonomous communities that have a specific sanctioning regime in which said regime will be applied.
2. The following are minor infractions:
a) Failure to present the mandatory declarations for purchases of cow, sheep and goat milk.
b) Present declarations of deliveries of raw cow’s milk, false, incomplete or inaccurate in terms of the mandatory content as established in the community and national regulations for the application and development of article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of December 17, for buyers who do not exceed the annual marketing of 150 million kilograms of raw cow’s milk.
c) Present declarations of deliveries of raw sheep or goat milk, false, incomplete or inaccurate in terms of the mandatory content as established in the community and national regulations for the application and development of article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of December 17, for buyers who do not exceed the annual marketing of 15 million kilograms of raw sheep or goat milk.
d) The delay in the presentation of mandatory declarations of raw cow, sheep and goat milk as established in the community and national regulations for the application and development of article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, December 17. For these purposes, the submission of the declaration within a period greater than three days following the end of the legally established period will be considered a delay.
e) Failure to keep the mandatory documentation justifying deliveries during the legally established period.
f) Lack of attention to the requirements formulated by the competent administration.
g) In cow’s milk, do not document the origin or destination of raw milk for buyers who do not reach the annual marketing of one million kilograms of raw milk.
h) In sheep and goat milk, do not document the origin or destination of milk for buyers who do not reach the annual marketing of 100,000 kilograms of raw milk.
3. The following are serious infractions:
a) The marketing of raw cow’s milk without documentary proof of its origin or destination for buyers who exceed the annual marketing of one million kilograms of raw milk.
b) The marketing of raw sheep and goat milk without proving its origin or destination for buyers who exceed the annual marketing of 100,000 kilograms of raw milk.
c) Present declarations of deliveries of raw cow’s milk, false, incomplete or inaccurate in terms of the mandatory content as established in the community and national regulations for the application and development of article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of December 17, for buyers who exceed the annual marketing of 150 million kilograms of raw cow’s milk.
d) Present declarations of deliveries of raw sheep or goat milk, false, incomplete or inaccurate in terms of the mandatory content as established in the community and national regulations for the application and development of article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council, of December 17, for buyers who exceed the annual marketing of 15 million kilograms of raw sheep or goat milk.
e) The repeated delay in the submission of monthly statements. For these purposes, the submission of three or more late returns during a calendar year is considered repeated delay.
f) Resistance, excuse or refusal to the actions of the competent authority related to the management and control of the declarations to be made by buyers and producers of milk and dairy products from cows, sheep and goats.
4. The following are very serious infractions:
a) The concurrence of two or more serious infractions in the same calendar year.
b) Not being registered in the register of first milk buyers.
5. The sanctions to be imposed by the competent authority in its corresponding area will be:
a) Minor infractions will be punished with a warning or fine of between 200 and 1,000 euros.
b) Serious infractions will be punished with a fine between 1,001 and 6,000 euros.
c) Very serious infractions will be punished with a fine between 6,001 and 10,000 euros.
6. Failure to comply with the duty of information in the field of dairy contracts, established in article 16.1 of Royal Decree 1363/2012, both due to lack of communication, falsehood, insufficiency or inaccuracy, as well as delay in communication, For the purposes of infringement, it will be equated to the absence, or falsity, or delay, respectively, provided for the presentation of the mandatory declarations, with the same criteria for grading severity as those established in points 2 being applicable for sanctioning purposes. to 4 previous ones.
7. Failure to comply with the provisions of article 11.2 of Royal Decree 1363/2012 in relation to the mandatory contract offer, both due to its absence and due to having been presented to the producer within a period other than that established in the standard and due to insufficiency. of the established minimum content, will be equated for infringement purposes with the failure to submit mandatory declarations, with the same criteria for grading severity as those established in points 2 to 4 above being applicable for sanctioning purposes.
Drafted section 1 in accordance with the correction of errata and errors published in BOE no. 161, of July 7, 2015. Ref. BOE-A-2015-7591 .
First transitional provision. Adaptation of management entities.
The Regulatory Councils that are created as public law corporations in this law must submit the proposal for their statutes to the Ministry of Agriculture, Food and Environment within a period of six months from the entry into force of this law. For these Regulatory Councils, letter b) of article 17 is not applicable.
Second transitional provision. Deadline for the exercise of official control powers.
Within twelve months from the entry into force of this law, the model established in Chapter V of this law will be fully applicable. During that time, the control regime will be maintained, with the participation of the current Regulatory Councils.
Written in accordance with the correction of errata and errors published in BOE no. 161, of July 7, 2015. Ref. BOE-A-2015-7591 .
Third transitional provision. Product value calculation method.
Until the regulatory development that regulates a method of calculating the value of the merchandise affected in a sanctioning procedure occurs, the calculation method established in article 120 of the Regulation of Law 25/1970, of the Statute of the Vineyard, Wine and Alcohols, approved by Decree 835/1972, of March 23.
Fourth transitional provision. Previous performances.
In matters not regulated by this law and as long as the regulatory standards on the taking and analysis of samples and on actions prior to the initiation of sanctioning procedures are not promulgated, in this matter, Royal Decree 1945 will apply for these exclusive purposes. /1983, of June 22, which regulates infractions and sanctions in matters of consumer defense and agri-food protection.
Single derogatory provision. Regulatory repeal.
1. Any provisions of equal or lower rank that are contrary to the provisions of this law are hereby repealed, and, in particular, articles 2.2.f); 3 and 9 of title I, title II and articles 38.2, 39.2, 39.3, 40.2, 40.3, 40.4 and 42.4 of title III as well as the third, fifth, sixth, eighth and ninth additional provisions of Law 24/2003, July 10, Vineyard and Wine. The aforementioned articles of title III may continue to be applicable to the autonomous communities that have not developed the matter regulated in these articles.
Likewise, the precepts of Law 25/1970, of December 2, on the Statute of Vine, Wine and Alcohols, declared in force by the sole repealing provision of Law 24/2003, of July 10, are repealed. which contain rules relating to the Regulatory Councils of agricultural and food products, with a designation of origin, other than wine, wine vinegar, aromatized wines, brandy, must and other products derived from grapes.
2. Decree 835/1972, of March 23, which approves the Regulation of Law 25/1970, of December 2, is repealed.
3. Royal Decree 2004/1979, of July 13, which regulates the Constitution of the Regulatory Councils of Denominations of Origin and the General Council of the National Institute of Denominations of Origin, is repealed.
4. Royal Decree 1573/1985, of August 1, which regulates generic and specific names of food products, is repealed.
5. Royal Decree 157/1988, of February 22, which establishes the regulations to which designations of origin and qualified designations of origin of wines and their respective Regulations must comply, is hereby repealed.
6. Royal Decree 728/1988, of July 8, which establishes the regulations to which specific and generic designations of origin of non-wine agri-food products must comply, is hereby repealed.
First final provision. Modification of article 23 and the first and third final additional provisions of Law 12/2013, of August 2, on measures to improve the functioning of the food chain.
One. The following section is added to article 23 of the Law:
«6. Very serious infractions will expire after three years, serious ones after two years and minor ones after one year. The term of prescription will be computed from the day on which the infraction was committed or, in the case of continued infractions, from the day on which they ceased.
Two. Section 5 of the first additional provision will be worded as follows:
“5. The general purposes of the Agency will be:
a) The management of the information and control systems of the olive and dairy markets and those others determined by regulation.
b) Develop the regulatory functions of official control before the marketing of Protected Designations of Origin and Protected Geographical Indications, whose territorial scope extends to more than one Autonomous Community.
c) Control of compliance with the provisions of Law 12/2013, of August 2, on measures to improve the functioning of the food chain.»
Three. A new letter j) is added to section 6 of the first additional provision:
«j) Establish and develop the official control regime of operators covered by Protected Designations of Origin or Protected Geographical Indications, whose territorial scope extends to more than one autonomous community, and that of their respective management entities; initiating and instructing, in accordance with its own regime, the sanctioning procedures for non-compliance with Law 6/2015, of May 12, on Denominations of Origin and Protected Geographical Indications of supra-autonomous territorial scope and formulating resolution proposals to the competent authorities. that correspond.”
Four. A new section 15 is added to the first additional provision:
“fifteen. Fee for inspection actions carried out by the Food Information and Control Agency.
a) Establishment. The fee is created for the official inspection and control actions to be carried out by the Food Information and Control Agency in compliance with Law 6/2015, of May 12, on Designations of Origin and Protected Geographical Indications of supra-autonomous territorial scope that It will be governed by the provisions of this law and by the other regulatory sources established in article 9 of Law 8/1989, of April 13, on Public Rates and Prices.
b) Taxable Event. The taxable event of this rate constitutes the official inspection and control actions carried out by the Agency in compliance with the provisions of Law 6/2015, of May 12, on Appellations of Origin and Protected Geographical Indications of supra-autonomous territorial scope.
c) Passive subjects. Taxable subjects will be any natural or legal person who is obliged to submit to the official control actions carried out by the Agency in compliance with Law 6/2015, of May 12, on Designations of Origin and Protected Geographical Indications of supra-autonomous territorial scope. including producers, operating agents, management entities or those others that carry out activities related to the differentiated quality regulated by said law, whether they have their own legal personality or lack it, as well as the natural or legal persons referred to in section 4. of article 35 of Law 58/2003, of December 17, General Tax.
d) Accrual. The accrual of the fee will occur when the Agency’s Inspection services draw up minutes of the inspections.
e) Tax Base. The tax base of the rate will be calculated based on the value of sales, excluding indirect taxes, of the products or services subject to control, made in the calendar year prior to the start of the inspection.
f) Amount of the fee. The amount of the fee will be calculated by applying a rate of 0.15 percent to the tax base. In the case of producers, agents, operators and other entities subject to inspection actions, in no case may the amount be less than 50 euros without exceeding 1,500 euros. In management entities, the amount of the fee will have a fixed fee of 1,200 euros for each inspection.
g) Management and settlement. The Agency will settle the fee, whose payment order will be notified to the taxpayer so that its payment is made within the deadlines established in section 2 of article 62 of the General Tax Law. Failing this, executive collection will be carried out, in the terms established by the General Collection Regulations. The management of the rate will be established by regulation.
h) Budget impact. The amount collected from this fee constitutes the Agency’s own resource and will be entered into its budget.”
Five. The following paragraph is added to the third final provision. Competent titles:
“They constitute legislation on general finance issued under the provisions of article 149.1.14 of the Constitution, the provisions of the first additional provision, section 15.f), of Law 12/2013, of 2 August, of measures to improve the functioning of the food chain.
Second final provision. Competence titles.
1. This law applies within the scope of powers of the General Administration of the State in the terms of article 1, except for the provisions of the following sections.
2. They constitute basic legislation regarding the bases and coordination of the general planning of economic activity, dictated under the provisions of article 149.1.13 of the Constitution, articles 11, 13.6, and the second and second additional provisions. third.
3. They constitute legislation on intellectual and industrial property issued under the provisions of article 149.1.9 of the Constitution, articles 2.b), 13.5, 13.7 and 32.1.h).
Third final provision. Development faculty.
The Government is authorized to dictate as many provisions as are necessary for the application and development of this law.
Fourth final provision. Entry into force.
This law will come into force twenty days after its publication in the “Official State Gazette.”
