BILL OF LAW N. º637/X

APPROVES THE STATUS OF THE OENOLOGY PROFESSIONAL

Exhibition of reasons

Throughout history, the wine sector has had an embossing role in our country

as a wealth producing activity, able to promote the fixation of people in the

territory and to contribute to rural development. However, apart from wine

of Porto, never the wine product contributed in a significant way to exports

of the country, nor has it been viewed as a strategic sector of our economy. Studies

recent on the Portuguese economy, its potential for growth, creation

of wealth and competitiveness in the external markets, pointed out the wine as one of the

agricultural ranks with more aptitude to create an exporting market and more margin of

growth in that market.

Portugal possesses edafo-climatic conditions very conducive to viticulture, to which if

liaise the versatility and originality of your bonding products, and a know-how

traditional, rooted and consolidated in rural populations. However, a fine analysis

to the sector has also allowed to identify difficulties and constraints, responsible for

a level of competitiveness short of the true potential of the sector, to which they are not

alheios the fundiary model, the preparation of human resources, the organization, the

quality of the product, its promotion and marketing.

The definition of the sector as a strategic filler, within the framework of the Proder, constituted a

very assertive historical decision, not only by the majoration of financial supports

structural that implies, but also by the political, cultural and

organizational that can generate. Filings projects where the modernization of the

organizations and the production process if they can develop, where maximization of the

quality of the product and its consequent marketing and internationalization,

come to be achieved, and that they will be able to steer the sector to better levels of

competitiveness in European and extra-European markets.

The recent Reform of the Common Wine Market Organization has settled in the

increase in the competitiveness of European wines in the face of growing competition from the

wines of the New World and in the printable of reduction of the production potential,

data the structural surpluses, which paulatinously grew and consolidated in the

last decade. That same increase in competitiveness can only be achieved if the

variable quality is maximized, in order to behave the best quality ratio-

price.

Quality constitutes for this the new and great paradigm for success and

competitiveness of Portuguese wines, which, running in global markets, only

be able to win and consolidate in these markets, if, to the traditional originality and

differentiation of Portuguese wines is added the quality on the way to the

excellence.

One of the most determinant professionals for the qualitative improvement of wine

portuguese, is without a doubt the Enologist. Accompanies the wine-growing vegetative evolution, the

diseases of the vine, cultural practices, vinification processes, practices

enological, the conditions of storage and aging, the physical characteristics-

chemical and organoleptics and the bottling, multidisciplinary work that demands

technical and technological capacity, research and experimentation, knowledge of

agronomy, biology, chemistry, sensory analysis and winemaking legislation.

The oenology professional, at its various professional levels, is already recognized in

several European countries. In turn the companies in the sector, in a competitive market and

open, recognize also the growing importance of the oenology professional, in the

technological organization of the company, and in the management tasks that focus on quality

of the wine.

For several years now, the Portuguese University and several other institutions of

teaching, give oenological training, at various academic levels. Despite the history of

two decades of higher education in enology, despite the relevant services that the

enologists have been providing the row, not least in the significant elevation of the average quality

of Portuguese wines and in the qualification of excellence of some of them, the truth is that

these professionals are not yet providesof the respective Professional Statute, of a

legal status that regulates their activity and defines the necessary training to obtain the

various professional levels.

In these terms, the Deputies undersigned, present the present Draft Law,

under subparagraph (b) of art 156º of the Constitution of the Portuguese Republic and of the

articles 131º, 132º No 1, 137º and 138º of the Rules of the Assembly of the Republic:

Teaching Establishments with higher courses have been heard that include

curricular units of this area, the Portuguese Association of Enology, and the Institute of the

Vine and the Wine.

STATUS OF THE OENOLOGY PROFESSIONAL

Article 1.

Subject

This Law approves the status of the oenology professional.

Article 2.

Definition

For the purposes of this Law, the professional of enology, the professional

that, possessing the appropriate scientific and technical knowledge at the levels

professionals in it established, is able to perform the roles set out in the article

next.

Article 3.

Functions

1-The oenology professional accompanies all the operations, from the culture of the

came to the traffic jam, including the harvesting of the grapes, the vinification processes,

storage and aging, supervising and determining all practices

necessary to ensure the quality of the wine, covering the different moments of the

elaboration and the various types of wine or winemaking products.

2-The oenology professional shall, in particular, perform the following

functions:

a) Apply the scientific and technical knowledge acquired and the constants of

scientific texts;

b) Proceed to technological research;

(c) to collaborate in the design of the material used in oenology and the equipment of the

cellars;

(d) collaborate on the installation, culture and treatment of vines;

e) Taking responsibility for the elaboration of the grape must, the wine and the

products derived from the grape, ensuring their good conservation;

f) Proceed to the physico-chemical, microbiological and organoleptic analyses of the

products referred to in the preceding paragraph, and interpret their results;

(g) comply with the standards applicable to the hygiene and safety of foodstuffs.

3-For the full fulfillment of the functions provided for in the preceding paragraphs, the

oenology professional must know and accompany the market of products

winemaking, economic developments and wine-sector legislation, the techniques of

viticulture and oenology and the organization of the distribution of the product.

Article 4.

Professional levels

Three professional levels are established:

(a) Auxiliary of enology;

b) oenology technician;

c) Enologist.

Article 5.

Requirements

For the purpose of integration at the professional levels established in the preceding paragraph,

the following requirements must be observed:

(a) Auxiliary of enology: compulsory or equivalent schooling and training of 100

hours in enology or viticulture and enology;

b) oenology technician: academic training of level 3 or equivalent and training

of 500 hours in enology or viticulture and enology;

c) Enologist: higher education that confers academic degree of licentiate and whose

cycle of studies contains curricular units of enology or viticulture and enology.

Article 6.

Professional title of enologist

1-Without prejudice to the provisions of the following number, the professional title of enologist

requires compliance with the requirements set out in paragraph (c) of the previous article.

2-By deliberation of a Commission to be set up for the purpose, by order of the Minister

of Agriculture, Rural Development and Fisheries, within a maximum of 6 months to

counting from the entry into force of this Law, the professional title of enologist may be

still granted to whom it presents relevant professional and academic curricula,

notably a postgraduate degree in oenology or course of technological specialization

in oenology or in viticulture and enology.

3-The professional title consists of the designation of "enologist", and may be

preceded by the academic or professional grade.

Article 7.

Entry into force

This Law shall come into force on the day following its publication.

S. Bento, January 9, 2008

THE DEPUTIES