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Law No. 83 Of 2 April 2007 Modifying And Completing The Law On Vine And Wine In The Common Organisation Of The Market In Wine No. 244/2002

Original Language Title:  LEGE nr. 83 din 2 aprilie 2007 pentru modificarea şi completarea Legii viei şi vinului în sistemul organizării comune a pieţei vitivinicole nr. 244/2002

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LEGE no. 83 83 of 2 April 2007 for amending and supplementing the Law on the vineyard and wine in the system of the common organization of the wine market no. 244/2002
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 243 243 of 11 April 2007



The Romanian Parliament adopts this law + Article I Law of the vineyard and wine in the system of the common organization of the wine market no. 244/2002, published in the Official Gazette of Romania, Part I, no. 333 of 20 May 2002, shall be amended and supplemented as follows: 1. Chapter I is repealed. 2. Paragraph 1 of Article 3 shall read as follows: "" Art. 3. -(1) The vine plantations are grouped, territorially, in wine-growing areas, wine-growing regions, vineyards, wine-growing centres and wine-growing plaids. Their definitions are set out in the Annex which forms an integral part of this Law. " 3. Article 6 shall read as follows: "" Art. 6. -(1) The records of the vine plantations shall be carried out by the Register of vineyards, which includes the identification data of the tarlals, the vineyard parcels and the areas on varieties of each plot, on the individual and legal person holding, drawn up on the basis of the agricultural cadastre and the updated cadastral plans. (2) The register of vineyards, updated, is kept at the directions for agriculture and rural rural development and the city of Bucharest. (3) The model and the instructions for completing the Register of vineyards shall be approved by joint order of the Minister of Agriculture, Forestry and Rural Development and the Minister of Administration and Interior. " 4. After Article 6 a new article is inserted, Article 6 ^ 1, with the following contents: "" Art. 6 6 ^ 1. -Wine grape producers shall have the obligation to keep records of the production and its use in the viticulturist carnet, the model of which is approved by order of the Minister of Agriculture, Forestry and Rural Development. " 5. Paragraph 1 of Article 8 shall read as follows: "" Art. 8. -(1) Production, quality control and marketing of vine propagating and propagation material shall be made in compliance with the legal provisions in force regarding the production, processing, quality control and certification, marketing and use seeds and propagating material, as well as the registration of plant varieties. " 6. Article 9 shall read as follows: "" Art. 9. -(1) The list of vine varieties admitted to culture is approved by order of the Minister of Agriculture, Forestry and Rural Development for each wine-growing region, vineyard, wine centre and production direction, based on proposals made by The National Office of Vine and Wine, hereinafter referred to as O.N.V.V., together with the National Office of Origin of Origin for Wines, hereinafter referred to as O.N.D.O.V., and by the producer associations. (. In order to obtain wines with a controlled designation of origin, a list of varieties shall be established for each of the approved designations of origin. " 7. Article 10 shall read as follows: "" Art. 10. -The establishment of vine plantations shall be made in vineyard areas bounded from vineyards and wine-growing centres, with the exception of plantations established for family consumption or for ornamental purposes. " 8. Paragraph 2 of Article 11 shall read as follows: " (2) The authorization of the plantar/replantation of the vine and the registration in the Register of vineyards shall be issued on the basis of a right of new planting or replanting or planting on a reserve. The creation of the regional, county and/or national reserve of vine planting rights aims to allow the local and central public administration the attribution of the right to plant the vine-de-vie to those individuals/legal persons who, on the basis of objective criteria will justify the need to obtain these rights. The individual right of replanting not exercised in a period of 8 wine campaigns from the date of granting shall cease for its holder. The individual new planting right is valid for the duration of two wine campaigns from the date of granting, the individual planting right on the regional or county reserve is valid for a duration of 3 wine campaigns from the date of allocation, and the right individual planting on the national reserve is valid for a duration of two wine campaigns from the date of allocation. The procedure and conditions for granting the new planting right, replanting or planting on a reserve shall be approved by order of the Minister of Agriculture, Forestry and Rural Development and shall be published in the Official Gazette of Romania, Part I. " 9. Paragraph 1 of Article 12 shall read as follows: "" Art. 12. --(1) The establishment of vine plantations in the area of more than 0,1 ha of economic operator or family shall be made only with varieties admitted to culture. " 10. Article 13 shall read as follows: "" Art. 13. -(1) For the purpose of adapting wine production to market requirements and in order to ensure the quality of wine products, the following measures shall be provided for: a) the reconversion of vineyards, including by overgrafting on wine grape varieties; b) replanting of vine areas; c) restructuring of vineyards. (2) At the proposal of the National Interprofessional Organization for Wine and with the technical opinion of O.N.V.V., the Ministry of Agriculture, Forestry and Rural Development approves the plans for reconversion, replanting and restructuring of wine plantations. " 11. Paragraph 2 of Article 14 shall read as follows: "" (2) Vies intended for the production of wines with a controlled designation of origin are subject to a system of authorization in order to comply with the conditions of culture, established by the technical rules of production and marketing elaborated by O.N.D.O.V., with consultation of the O.N.V.V. and of the producer associations in the area concerned. '; 12. Article 15 shall read as follows: "" Art. 15. -(1) The deforestation of vine plantations in the area of more than 0,1 ha of economic or family operator shall be made at the request of the person concerned, on the basis of the authorization to deforestation the vineyards, issued by the agriculture department and county rural development or Bucharest municipality, as the case may be. ((. The persons receiving the grubbing-up authorization shall benefit from an individual replanting right, in the area equivalent to the pure crop with that proposed for grubbing. The individual replanting right can be exercised within 8 years from the date of its granting. (3) Pure culture means the actual area occupied with vines, including the area occupied by alleys, access roads and return areas at the ends of the vineyard. " 13 articles 16 and 17 shall be repealed. 14. Article 18 shall read as follows: "" Art. 18. -(1) Wine is an agri-food product. (2) The classification of wines is made according to the provisions Regulation (EC) No 1493/1999 on the common organisation of the wine market. 15. Article 20 shall be repealed. 16. in Article 21, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) It is forbidden to manufacture the picket, obtained by the water depletion of fresh or fermented fabrics, with or without added sugar, for the marketing of direct human consumption." 17. The title of Section 2 of the letter B of Chapter II shall read as follows: "" SECTION 2 Definition and right of use of the controlled designation of origin and geographical indication ' 18. Article 22 shall read as follows: "" Art. 22. -(1) A geographical indication means the name of a locality or geographical region which identifies the provenance of the wines of that territory, where the quality or other specific characteristic can be attributed essentially to that territory, natural environment and/or human factors. (2) The geographical indication is of public utility. (3) It is forbidden to use a geographical indication for wines that do not come from the area delimited for that geographical indication and are not produced according to the rules developed by O.N.D.O.V. (4) The procedure and conditions for granting the right of use of the geographical indication for wine and other products on the basis of must and wine shall be approved by order of the Minister of Agriculture, Forestry and Rural Development and shall be published in the Official Gazette of Romania, Part I. " 19. Article 23 shall read as follows: "" Art. 23. -(1) By designation of controlled origin, hereinafter referred to as DOC, it is understood a geographical name of a vineyard, wine centre or locality, which identifies the origin of wines from that delimited territory, with quality characteristics due exclusively to natural and human factors in that territory. (2) It is forbidden to use a designation of origin controlled for wines which do not come from that delimited territory. (3) The production and processing of grapes for wines with a controlled designation of origin, as well as their conditioning and bottling are carried out in the territory delimited according to the provisions of par. ((1). (4) In special cases and under strict control of O.N.D.O.V., on the proposal of the organization of wine producers with a controlled designation of origin from that area, the conditioning and bottling of wines can be carried out outside the area in which they have The grapes were produced. In these cases, the bottler and bottling place will be compulsorily mentioned on the label. (. The minimum natural alcoholic strength by volume for DOC wines shall be determined for each designation of origin. For this, the natural alcoholic strength found in the last 3 years at the DOC wines of the delimited area shall be taken into account. (6) The minimum natural alcoholic strength by volume provided in par. (5) may be set at different levels, depending on: a) subname, commune or part of the commune; b) the variety or vine varieties from which the grapes are used. (7) Depending on the ripening stage of the grapes and their qualitative characteristics, the wines with a controlled designation of origin shall be classified as follows: a) DOC-CMD-wine with a controlled designation of origin from grapes to full maturity; b) DOC-CT-wine with a controlled designation of origin from grapes picked up late; c) DOC-CIB-wine with a controlled designation of origin from grapes picked at the ennobility of the beans. " 20. Article 24 shall be repealed. 21. The title of section 3 of letter B of Chapter II shall read as follows: " SECTION 3 Conditions for the production and marketing of wine and products on the basis of must and/or wine " 22. Article 25 shall read as follows: "" Art. 25. -The wines and other products obtained from the must and/or wine, at the time of their consumption, must correspond to the organoleptic and composition characteristics established by the methodological norms for the application of this law. " 23. Article 26 shall read as follows: "" Art. 26. -(1) Practices and treatments authorized to be applied in the production of musts, wines and other wine products shall be established by the methodological norms for the application of this law, to be permanently updated according to progress made in this area. ((2) The preparation of musts, wines and wine products from raw materials other than those established by the methodological norms for the application of this law or changing their composition by adding or mixing substances, others than those permitted by law, is prohibited. (3) Forgery constitution: dilution of wine with water, masking defects or alterations of wines or drinks on the basis of must and/or come through additions that cause changes in their taste, aroma and natural composition, preparation wine from yeast or tescovina, as well as the use of any practices not permitted by the methodological norms for the application of this law. (4) The substitution shall mean the presentation under a false identity of wine, wine or wine products. (5) False identity is the use without right of the name of a grape variety, of a production area, of a category of quality, geographical indication or designation of controlled origin, counterfeiting or use without right of marks quality certification. " 24. Article 27 shall be repealed. 25. Article 29 shall read as follows: "" Art. 29. -(1) The natural persons and legal persons who produce, store and market wine products have the obligation to draw up and submit, within the period provided by the methodological norms for the application of this law, documents of record of wine production on declarations of stocks, crop declarations, production declarations and to complete the operative registers of wine products, approved by order of the Minister of Agriculture, Forestry and rural development. ((2) In the case of the application of the right of use of a controlled designation of origin, a copy of the harvest and production declaration will also be submitted to the territorial inspectors of O.N.D.O.V. (3) The natural and legal persons who have a total living area of up to 0,5 ha shall not be obliged to make declarations of stocks, harvest and production. ((4) Traders who hold a quantity of up to 2,000 l of wine shall not be obliged to make statements of stocks. " 26. Article 30 shall read as follows: "" Art. 30. -(1) The right of use of the designation of origin controlled for the production of wines shall be granted by certificates of attestation of the right of marketing of DOC wines, with the application of the certification marks of this quality category, issued by O.N.D.O.V. (2) In the production phase, the manufacturer may request O.N.D.O.V. the declassification of a DOC wine in table wine. (3) The declassification of DOC wines is based on procedures developed by O.N.D.O.V. ((4) The declassification of DOC wines shall be established by O.N.D.O.V. if: a) the wine has undergone qualitatively alterations; b) the wine was subjected to unauthorized oenological treatments or practices for this category of quality. " 27. Article 31 shall read as follows: "" Art. 31. -Wine producers who possess the manufacturing license issued under the law can buy grapes for winemaking only from producers who own the carnet of viticulturist in the respective harvest year, with the obligation to mention in the records primary quantity and variety of grapes bought. " 28. Article 33 shall read as follows: "" Art. 33. -(1) Manufacturers and traders of bulk wines are obliged to keep records of them, according to the methodological norms for the application of this law. ((2) Producers who have a vineyard area of up to 0,5 ha and do not sell wines in bulk do not have the obligation to keep records provided in par. ((1). ((. The marketing of bulk wine under the name of variety, geographical indication or designation of controlled origin shall be prohibited. (4) The conditions for the marketing of mass wine in bulk shall be established by joint order of the Minister of Agriculture, Forestry and Rural Development and the Minister of Public Health and shall be published in the Official Gazette of Romania, Part I. " 29 articles 34 and 36 shall be repealed. 30. Article 35 shall read as follows: "" Art. 35. -Wines and other drinks based on must and wine can be put into consumption in bottled or non-bottled form. Bottling is mandatory in the case of grape juices, wines with a controlled designation of origin, wines with a geographical indication, wineries, special wines, except pelin. " 31 paragraphs 2 and 3 of Article 37 shall be repealed. 32. In Article 39, two new paragraphs are inserted, paragraphs 2 and 3, with the following contents: " (2) The financial support of the regulatory measures of the wine sector can be ensured both from public funds and from private funds established under the law, taken over in the Romanian Wine Promotion Fund, administered by Wine Institute. (3) The organization and functioning of the Wine Institute and the establishment of the Romanian Wine Promotion Fund shall be established by Government decision. " 33. In Article 41, paragraph 1 and letter e) of paragraph 2 shall read as follows: "" Art. 41. -(1) In order to improve the functioning of the market of quality wines with a controlled designation of origin and those of quality with a geographical indication, the Government shall analyse the proposals of the branch bodies in this field, as defined in art. 40 40 para. ((3) lit. a), and lays down the rules for the marketing and regulation of supply in relation to market demand. ............................................................................................. e) the valorisation of wines and other drinks on the basis of must and quality wine with a controlled designation of origin, quality wines with a geographical indication, labelling corresponding to quality products; '. 34 34. The letter b) of Article 42 shall read as follows: " b) the National Office of Designations of Origin for Wines; '. 35. Article 46 shall read as follows: "" Art. 46. -I.S.C.T.V. ensures the supervision of law enforcement in the production of grape, wine and other wine products, including those with controlled designation of origin, and is the governmental body empowered in the execution of controls official to ensure the quality and conformity of wine products intended for human consumption, having the following tasks: a) aims to comply with the legislation on the establishment and reconversion of wine plantations, how to maintain them and to preserve the facilities to combat soil erosion in producers of any kind, regardless of the form of property or exploitation; b) avizes the requests drawn up for the granting of the right of planting of the vine on areas larger than 0.1 ha of family or economic operator, respectively of deforestation, by the directions for agriculture and county rural development and Bucharest Municipality c) collaborates with the specialists of the State Inspection for the Quality of Seeds and the Saditor Material of the Ministry of Agriculture, Forestry and Rural Development, in order to develop and apply the norms of production and marketing of vine propagating material; d) verify and control the application of the legal provisions on the production and marketing of grapes, wines and other wine products, good wine practice, hygiene conditions of products and production premises and storage, compliance with hygienic-sanitary conditions for wine products, including the control of the documents necessary for the attestation of quality and consumption of wine products; e) verify compliance with the provisions of this law and the rules in force regarding the regulation of production, circulation and marketing of wine products in collaboration with the institutional organizations of the administrative recognized branch; f) proposes to suspend the manufacturing license until the detected deviations are remedied; g) exercise technical control in all stages of the production of wines and other products with a designation of origin, as well as on the issue of the documents necessary for attesting the quality of the products concerned, h) verify the activity of laboratories authorized by the Ministry of Agriculture, Forestry and Rural Development, in order to carry out analyses and surveys of wines and other beverages obtained from wine must and by-products for domestic consumption and for export; i) carry out in collaboration with O.N.D.O.V. some technical control actions in relation to the production of wines with a controlled designation of origin and geographical indication; j) ascertains wines and other wine products unfit for consumption or qualitatively inadequate; limits or prohibits the use and marketing for direct human consumption or disposes of their destruction, in accordance with the regulations in vigor; k) prohibits the marketing of wine lots and other wine products to which there is suspicion that it is inadequate in terms of quality, until the situation is clarified; l) take the samples from the controlled products and other auxiliary materials necessary for the production process, for the analyses carried out in the authorized laboratories of the Ministry of Agriculture, Forestry and Rural Development; m) exercise compliance control for imported wine products; n) keep the professional secret, in order not to disclose to a third party the confidential data of which he became aware during the control; o) verify, by survey, the correctness of the preparation of statements of stocks, harvest and production, scriptic and factual, regardless of declarant, natural or legal person; p) proposes to withdraw the manufacturing license of the production and marketing units of the mentioned products, improperly qualitative and contrary to the law; q) verify and ascertain the abandonment and deforestation of the vine plantations; r) elaborates the methodological norms for the authorization of laboratories for the execution of analyses for wines and other products based on must and wine to be shipped for the purpose of marketing on the internal market, norms that are approved by order of the Minister of Agriculture, Forestry and Rural Development; s) verify and control the wines, the products on the basis of must and/or wine and the products derived from imported wine; s) apply the sanctions provided by the legislation in force to economic operators, natural or legal persons in the sphere of production, circulation and marketing of wines and other wine products, for the deviations found; t) performs other duties established by the normative acts in force. " 36. Article 47 shall read as follows: "" Art. 47. -The amounts collected by I.S.C.T.V. from fines and service provision are made to the state budget. " 37. Article 48 shall read as follows: "" Art. 48. -(1) O.N.D.O.V. shall be organized and operated as a public institution with legal personality subordinated to the Ministry of Agriculture, Forestry and Rural Development, fully financed by its own income. (2) The organization and functioning of O.N.D.O.V., as well as its organizational, central and territorial structures, are approved by order of the Minister of Agriculture, Forestry and Rural Development. (3) O.N.D.O.V. can organize and financially support the training and training programs of its employees, in collaboration with the educational and research institutions in the wine field and with the wine-producing units with name of controlled origin and sparkling wines with a controlled designation of origin. (4) On the basis of the approved budget, O.N.D.O.V. may provide financial support for carrying out actions aimed at developing, modernizing and promoting wine production, as well as actions to promote wine products Romanian " 38. Article 49 shall read as follows: "" Art. 49. -O.N.D.O.V. performs the following tasks: a) develop the technical rules for the production of wines with a controlled designation of origin, of sparkling wines with a controlled designation of origin and of wines with a geographical indication, with the consultation of O.N.V.V. and of the producer organisations of wines from the area concerned, which are approved by order of the Minister of Agriculture, Forestry and Rural Development; b) prepare, together with O.N.V.V., the draft orders of the Minister of Agriculture, Forestry and Rural Development for the approval of the controlled designations of origin and/or geographical indications; c) prepare, together with O.N.V.V., the documentation for wines with a controlled designation of origin, sparkling wines with a controlled designation of origin and wines with a geographical indication; d) issue the authorization of the producer of grapes for the production of wines and/or sparkling wines with a controlled designation of origin and the authorization of the producer of wines and/or sparkling wines with a controlled designation of origin, at the request of producers; e) issue certificates of attestation of the marketing right for wines and/or sparkling wines with a controlled designation of origin, attesting the right of use of the designation of origin, at the request of the producers; f) it controls the application and observance of the legal provisions relating to wines and/or sparkling wines with a controlled designation of origin; g) control, together with I.S.C.T.V., the way of respecting and applying the legal provisions in relation to the wines regime with geographical indication; h) suspends or cancels the certificate of attestation of the marketing right for wines and/or sparkling wines with a controlled designation of origin, if the producers ' non-compliance with the legal provisions on the production and marketing of wines and/or sparkling wines with a controlled designation of origin, and notifies the I.S.C.T.V. in order to apply the sanctions provided by law; i) control the quality of wines and/or sparkling wines with organoleptic-controlled designation of origin, for the attestation of conformity for sale, together with the Association of Authorized Degusters in Romania; j) control vine plantations producing grapes for obtaining wines and/or sparkling wines with a controlled designation of origin; k) control the production and storage spaces of wines and/or sparkling wines with a controlled designation of origin; l) control the records and other documents relating to the marketing of sparkling wines and/or wines with a controlled designation of origin. " 39. Article 50 shall read as follows: "" Art. 50. --(1) Fees for the issuance of the authorization of the producer of grapes, wines and/or sparkling wines with a controlled designation of origin and the certificate of attestation of their right of marketing, requested by the plantation holders wine-growing and wine producers in this category shall be established by order of the Minister of Agriculture, Forestry and Rural Development. (. The authorization of the producer of grapes intended for the production of wines with a controlled designation of origin and the authorization of the producer of wines with a controlled designation of origin shall be issued annually at the request of the manufacturer, and the certificate of of the marketing right for wines with a controlled designation of origin and/or sparkling wines with a controlled designation of origin shall be issued on consignments. ' 40. Article 51 shall be repealed. 41. Article 52 shall read as follows: "" Art. 52. -(1) O.N.V.V. operates under the Ministry of Agriculture, Forestry and Rural Development as a specialized technical-scientific body with legal personality. (2) The Statute, as well as the organization and functioning of the O.N.V.V. shall be approved by order of the Minister of Agriculture, Forestry and Rural Development. " 42. Article 53 shall read as follows: "" Art. 53. -(1) O.N.V.V. is financed from budgetary allocations, through the budget established for the Ministry of Agriculture, Forestry and Rural Development, and from its own income. (2) The own revenues of O.N.V.V. shall be made by: a) sponsorships; b) donations; c) service supplies. (3) The budgetary allowances allocated by the Ministry of Agriculture, Forestry and Rural Development for O.N.V.V., supplemented by their own income, shall be used to support the activities of O.N.V.V., for the payment of personnel from the executive apparatus and for the payment of Romania's membership of the International Organization of Vine and Wine, hereinafter referred to as O.I.V. " 43. Article 54 shall read as follows: "" Art. 54. -(1) O.N.V.V. has in its organizational structure: a) the scientific council, approved by order of the Minister of Agriculture, Forestry and Rural Development, which consists of 7 members, one of whom is representative of the Ministry of Agriculture, Forestry and Rural Development, the rest of the members being appointed to the proposal of the interbranch organization of administrative recognition; b) the body of experts; c) the executive apparatus. (. The Scientific Council shall approve its own rules of organisation and operation. " 44. Article 55 shall read as follows: "" Art. 55. -O.N.V.V. performs the following main tasks: a) prepare studies and analyses in the field of viticulture and winemaking, establish practices and treatments in the production of grapes, wines and beverages based on grapes, must and wine, in accordance with the interests of the national economy and of winegrowers, with regulations adopted internationally and with the acquis communautaire; b) make proposals to develop draft laws and other normative acts for the wine sector, taking into account the requirements of the development of viticulture and winemaking in our country; c) collaborate with central and territorial institutions subordinated to the Ministry of Agriculture, Forestry and Rural Development, in order to establish and achieve the objectives of development of the Romanian wine sector; d) participate in the foundation and implementation of national and international projects of technical assistance and investment in wine sector; e) collaborates with the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti" and with the research units in the realization of sectoral scientific and applicative research programs in the field of wine; f) endorses the works of delimitation of wine-growing areas, the zoning of vine varieties, the establishment of wine types and other products based on must and wine, including those with a controlled designation of origin, as well as other works on the development of the wine sector; g) shall endorse the technical rules concerning the establishment of the conditions for the cultivation of vines and the production of wines with a controlled designation of origin and geographical indication; h) avizes, prior to the approval by order of the Minister of Agriculture, Forestry and Rural Development, the proposals of O.N.D.O.V. for each designation of controlled origin; i) initiates and supports the organization of national and international events with a wine-growing character: congresses, symposia, consfatuiri, grape and wine competitions, etc.; j) ensure the connection of our country with O.I.V., with the Bureau of wine, alcohol, tobacco, seeds and hops of the General Directorate of Agriculture and Rural Development of the European Commission, as well as with other similar international bodies; k) collaborate with I.S.C.T.V., O.N.D.O.V. and decentralized institutions in the territory, with producer organizations, with organizations and bodies in the branch for the group of grapes products, wine and processed products thereof; l) participate in the editing of specialized journals for the information of internal and external specialists and producers; m) supports the actions of wine promotion both in the country and abroad; n) awards prizes for the most valuable works in the field of viticulture, oenology, wine economy, as well as that of history, medicine and hygiene in relation to the vineyard and its products; o) collaborate with higher education institutions, scientific research in the country and abroad; p) ensures the participation of Romanian specialists in international events with technical-scientific character carried out under the aegis of O.I.V. q) manages the Register of vineyards; r) performs other tasks established by normative acts in collaboration with the institutional organizations of the administrative recognized branch. " 45. Article 57 shall read as follows: "" Art. 57. -Constitutes crimes the following facts: a) falsification or substitution of wines or drinks on the basis of must and/or wine according to art. 19 19 and art. 26 26 para. (2), (3) and (4), the exposure for sale and/or their sale knowing that they are falsified or substituted, the production of the picket, according to the provisions of art. 21 21 para. (3), and shall be punished according to art. 313 and 297 of the Criminal Code; b) production or putting into circulation, according to art. 26 26 para. (5), of the products covered by this law, in order to mislead the beneficiaries shall be punished according to art. 286 and 301 of the Criminal Code. " 46. Paragraph 2 of Article 58 shall read as follows: " (2) In case of committing the facts provided in art. 57 the measure of confiscation of the entire quantity defrauded shall apply 47. Article 59 shall read as follows: "" Art. 59. -The following facts are contraventions: a) the establishment of plantations of vineyards in the area of over 0,1 ha of natural or legal person or the extension above this limit of the existing ones, without planting authorization issued by the directions for agriculture and county rural development and of Bucharest, according to art. 11 11 para. ((1) and (2); b) the establishment of plantations of more than 0,1 ha or the extension above this limit of those existing with varieties other than those admitted in culture, according to the provisions of art. 12 12 para. ((1); c) violation of art. 12 12 para. ((2) by planting hybrids directly producers in the wine-growing areas or in the extravilan of the localities located outside the wine-growing areas; d) abandonment of vine plantations with varieties admitted to culture, according to the provisions of art. 14 14 para. ((1); e) bottling of DOC wines outside the delimited area, except in the cases provided in art. 23 23 para. ((4); f) the consumption and marketing of wines and other products obtained from must and/or wine, which do not correspond to the qualitative and composition characteristics, established by the methodological norms for the application of this law; g) non-preparation by producers and traders of bulk wines of their records, according to art. 33 33 para. ((1); h) delivery or marketing of DOC wines without the application of quality certification marks, according to the provisions of art. 30 30 para. ((1); i) planting interspecific hybrids with relative resistance to diseases, obtained by complex crosses between Vitis vinifera varieties and varieties belonging to other species of the genus Vitis, under conditions other than those provided in art. 12 12 para. ((3); j) failure to submit within the period stipulated in the methodological norms for the application of the present laws of declarations of stocks, harvest and production; k) sale in unauthorised premises of wine in bulk; l) omission of registration or registration of inaccurate data in the records of wine products, according to the provisions of art. 29 29 para. ((1); m) non-compliance with the labelling rules provided in the methodological norms for the application of the n) deforestation of the vine of noble varieties admitted to culture, in the area of more than 0,1 ha, without grubbing authorization according to the provisions of art. 15 15 para. ((1); o) preventing persons authorized to perform their duties related to the application of this law in any form. " 48. Paragraph 1 of Article 60 shall read as follows: "" Art. 60. -(1) Contraventions provided in art. 59 59 shall be sanctioned as follows: a) with a fine of 2,000 lei to 5,000 lei, those provided in lett. b) and n); b) with a fine of 6,000 lei to 10,000 lei, those provided in lett. a), c), d), g), i), j), l) and m); c) with a fine of 40,000 lei per 100,000 lei, those provided in lett. e), f), h), k) and o). " 49. Article 62 shall read as follows: "" Art. 62. -Contraventions provided in art. 59 59 and penalties provided for in art. 60 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended and supplemented. " 50. Article 66 shall be repealed. 51. Annexes no. 1 1, 2 and 4 are repealed and Annex no. 3 3 becomes an annex to Law no. 244/2002 . 52. Article 68 shall be repealed. + Article II This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article III Law of the vineyard and wine in the system of the common organization of the wine market no. 244/2002, published in the Official Gazette of Romania, Part I, no. 333 of May 20, 2002, with the amendments and completions brought by this law, will be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. p. PRESIDENT CHAMBER OF DEPUTIES, VALER DORNEANU PRESIDENT SENATE NICOLAE VACAROIU Bucharest, April 2, 2007. No. 83. -----