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Law No. 244 Of 29 April 2002 (Republished) Vine And Wine In The Common Organisation Of The Market In Wine No. 244/2002 *)

Original Language Title:  LEGE nr. 244 din 29 aprilie 2002 (*republicată*) viei şi vinului în sistemul organizării comune a pieţei vitivinicole nr. 244/2002*)

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LEGE no. 244 244 of 29 April 2002 (** republished) (* updated *) wine and wine in the system of the common organisation of the wine market * *) ((applicable from 1 February 2014 *)
ISSUER PARLIAMENT




--------------- *) The updated form of this normative act until February 1, 2014 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all the changes and additions made by: LAW no. 329 329 of 5 November 2009 ; EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 ; LAW no. 187 187 of 24 October 2012 . The content of this act is not an official document, being intended to inform users --------------- ** **) Republicated pursuant to art. III of Law no. 83/2007 to amend and supplement 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. 243 of 11 April 2007, giving the texts a new numbering. Law of the vineyard and wine in the system of the common organization of the wine market no. 244/2002 was published in the Official Gazette of Romania, Part I, no. 333 333 of 20 May 2002. ***) NOTE C.T.C.E. S.A. Piatra-Neamt: According to the letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, from the date of entry into force of the Government's decisions on the establishment, organization and functioning of new entities resulting from the reorganization of public authorities and institutions provided for in Annexes no. 1 and 2, in the normative acts in force, the following expressions and names shall be replaced as follows: q) in the Law of the vineyard and wine in the system of the common organization of the wine market no. 244/2002 , republished in the Official Gazette of Romania, Part I, no. 633 of 14 September 2007, the words "National Office of the Designations of Origin for Wines" and "National Office of Vine and Wine" are replaced by the phrase "National Office of Vine and Wine Products". By JUDGMENT no. 1.408 1.408 of 18 November 2009 , published in MONITORUL OFFICIAL no. 827 of December 2, 2009 was ordered the establishment, organization and functioning of the National Office of Vine and Wine Products, as a specialized body subordinated to the Ministry of Agriculture, Forestry and Rural Development, as a result of the merger by the merger of the National Office of the Designations of Origin for Wines, hereinafter referred to as O.N.D.O.V., and of the National Office of Vine and Wine, hereinafter referred to as O.N.V.V., which shall be abolished. By JUDGMENT no. 8 8 of 16 January 2009 , published in MONITORUL OFFICIAL no. 38 of January 21, 2009 was ordered the organization and functioning of the Ministry of Agriculture, Forestry and Rural Development. JUDGMENT no. 8 8 of 16 January 2009 , published in MONITORUL OFFICIAL no. 38 38 of 21 January 2009 was repealed by JUDGMENT no. 1.407 1.407 of 18 November 2009 , published in MONITORUL OFFICIAL no. 829 829 of 2 December 2009. JUDGMENT no. 1.407 1.407 of 18 November 2009 , published in MONITORUL OFFICIAL no. 829 829 of 2 December 2009 was repealed by JUDGMENT no. 25 25 of 6 January 2010 , published in MONITORUL OFFICIAL no. 23 of 12 January 2010 which ordered the organization and functioning of the Ministry of Agriculture and Rural Development. From 24 December 2008, by EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of December 24, 2008, the Ministry of Administration and Interior was established by reorganizing the Ministry of Interior and Administrative Reform. According to para. ((2) art. 23 of EMERGENCY ORDINANCE no. 221 221 of 23 December 2008 , published in MONITORUL OFFICIAL no. 882 of 24 December 2008, within the normative acts in force, the following names shall be replaced accordingly to the provisions of this emergency ordinance, as follows: f) "Ministry of Development, Public Works and Housing" with "Ministry of Regional Development and Housing". g) "Ministry of Economy and Finance" with "Ministry of Economy", in case of provisions governing the activity of economy, and with "Ministry of Public Finance", in case of provisions governing the activity of finance; " By JUDGMENT no. 1.718 1.718 of 30 December 2008 , published in MONITORUL OFFICIAL no. 5 of January 6, 2009 was ordered the organization and functioning of the Ministry of Health. The replacement of the name of these ministries was made directly in the text of the updated form. + Chapter I Wine production potential A. Wine production + Section 1 Culture areas + Article 1 In Romania the vine is cultivated, especially, in the areas traditionally devoted to this activity, located especially in the food area, on the sands, as well as on other lands with favorable conditions, referred to as wine-growing areas, which are subject territorial delimitation. + Article 2 (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 Act. (2) The vine plantations located outside the delimited perimeter of vineyards and wine centres are considered live scrapers. (3) The introduction of wine-growing areas, vineyards and Romanian wine centres in the wine-growing areas of the European Union is carried out on the basis of studies undertaken by the authorized institutions of the Romanian state. + Article 3 (1) The following categories of plantations and land are part of the national wine-growing heritage: a) fruitful vine plantations, rootstock plantations, mother-in-source plantations of horns or cuttings for rooting and cattle schools; b) land in the wine-growing areas resulting from the deforestation of vineyards, during the preparation period for planting; c) other land within the vine areas which, by their location, completes or unites the existing vine massifs and which presents conditions to be cultivated with beef-devie. (2) The land referred to in par. ((1) lit. b) and c) represent the reserve for cultivation with vines. + Article 4 (1) The Ministry of Agriculture and Rural Development shall ensure that the work on the delimitation of wine-growing areas, including those for the production of wines and other wine products with a designation of origin, is carried out and updated. (2) The wine-growing areas delimited for the production of wines, of products on the basis of must and wine and of table grapes with a designation of origin include land situated in a vineyard or in a wine-growing centre which, due to natural conditions, Cultivated vine varieties and applied culture technologies, allow to obtain high quality products, characterized by the originality of quality attributes that recommend them to bear the name of the place in which they were produced. + Article 5 ((1) The records of the vine plantations shall be carried out through 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 and Rural Development and the Minister of Administration and Interior. + Article 6 Wine grape producers have the obligation to keep records of the production and how to capitalize it in the viticulturist card, the model of which is approved by order of the Minister of Agriculture and Rural Development. + Section 2 Production of vine propagating material + Article 7 (1) In viticulture, the following categories of propagating material are admitted: a) grafted cattle; b) ungrafted cattle of fruitful varieties; c) portaltoi cattle. (2) Altoite cattle can be planted on any type of soil, and the ungrafted ones, only on the sands. (. The following categories of propagation material shall be permitted for the production of the cattle: a) horns; b) cuttings of fruitful varieties for rooting; c) portaltoi cuttings for grafting or rooting. (4) The propagation material provided in par. ((3) must come from the plantations-the specialised mother or of the wine plantations recognised and authorised for breeding. + Article 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. (2) The material basis related to the production sector of the vine propagating material, namely grafting and forcing complexes, land for asolamente, plantations-mother of portaltoi and horns, is protected by law in the sense of respect the original destination, regardless of current or future holders. + Section 3 Establishment, maintenance and deforestation of vineyards + Article 9 (1) The list of vine varieties admitted to culture is approved by order of the Minister of Agriculture and Rural Development for each wine-growing region, vineyard, wine center and production direction, based on the proposals made by the National Office of Vine and Wine Products, and of producer associations. ------------- Alin. ((1) of art. 9 9 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". (. In order to obtain wines with a controlled designation of origin, a list of varieties shall be established for each of the approved names of origin. + Article 10 The establishment of vine plantations is made in vineyard areas delimited from vineyards and wine centers, except for plantations established for family consumption or for ornamental purposes. + Article 11 (1) In the wine-growing areas or in the extravilan of the localities outside the wine-growing areas, the establishment of vine plantations on an area of more than 0,1 ha of economic or family operator and the extension above this limit of the existing ones may be make only on the basis of a planting/replanting right, according to the methodological norms for the application of this law. (2) The planting/replanting of vines shall be based on a planting or planting right or planting on a reserve. The creation of the regional (county) and/or national reserve of the 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 natural/legal persons who, on the basis of objective criteria will justify the need to obtain these rights. (3) The procedure and the conditions for granting the rights provided in par. (2), as well as the period of validity of these rights shall be approved by order of the Minister of Agriculture and Rural Development. (4) In the wine-growing areas or in the extravilan of the localities outside the wine-growing areas, the establishment of vine plantations on an area of more than 0,1 ha shall be made with varieties admitted to the crop and on the basis of the Application for planting/replanting of the vine and of registration in the Register of vineyards, submitted to the direction for agriculture and county rural development, respectively of the city of Bucharest. (5) The model of Application for planting/replanting of vine-living and enrolment in the Register of vineyards is approved by order of the Minister of Agriculture and Rural Development. (6) In order to establish vine plantations on areas larger than 3 ha it is necessary to present by the applicant a project to establish the vine plantation, endorsed by the wine research unit in the area. ------------ Article 11 has been amended by section 1. 1 1 of art. VII of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. + Article 12 (1) The establishment of vine plantations in the area of more than 0,1 ha of economic operator or family is made only with varieties admitted to culture. (2) It is forbidden to plant hybrids directly producers in wine-growing areas and in the extravilan of localities located outside the wine-growing areas, as well as the use of propagating material from cattle of hybrids directly producers, for planting in the gaps in the vineyards with noble varieties of the said sites. (3) Planting of interspecific hybrids with relative resistance to diseases, which are obtained by complex crosses between varieties of Vitis vinifera and varieties belonging to other species of the genus Vitis, on the surface of no more than 0,1 ha of family, may be made only in the intravilan of the localities located outside the wine-growing areas, for ornamental purposes and for the provision of family consumption. The list of these interspecific hybrids is approved by order of the Minister of Agriculture and Rural Development. (4) Failure to comply with par. (2) and (3) has as a consequence, in addition to sanctioning with contravention fine, according to this law, the deforestation of the plantation. If the perpetrator does not comply with the deforestation measure no later than 6 months after the finding of the deed, the direction for agriculture and county rural development and the city of Bucharest proceed to the deforestation of the plantation and obliges the one concerned to pay all related expenses. (5) The planting shall mean the fixing of the grafted, entrenched cattle or the portions of vines, for the purpose of producing grapes, of horns and of rootstocks. + Article 13 (. 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 Wine and with the technical opinion of O.N.V.P.V., the Ministry of Agriculture and Rural Development approves the plans for reconversion, replanting and restructuring of wine plantations. ------------- Alin. ((2) of art. 13 13 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 14 (1) Wine plantation holders have the obligation to carry out the maintenance works of vineyards, particularly the treatments for the control of diseases and pests, in appropriate technical conditions and in optimal periods, according to the provisions of the norms methodological application of the present law. ((. Vies intended for the production of wines with a controlled designation of origin shall be subject to a system of authorization in order to comply with the conditions of culture laid down by the technical rules for the production and marketing of the O.N.V.P.V. and producer associations in the area concerned. ------------- Alin. ((2) of art. 14 14 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". (3) Through the works carried out in the plantations will not be destroyed or damaged the pedo-and hydroameliorative facilities. + Article 15 (1) The deforestation of vine plantations in the area of more than 0,1 ha is made by natural/legal persons, based on the Declaration of deforestation of the vine plantations and the application for the elimination of the parcels/parcels cleared from the Register vine plantations, submitted at the direction for agriculture and county rural development or the city of Bucharest, as the case may be. (2) The model of declaration of deforestation of the vine and application for the elimination of the parcels/parcels cleared from the Register of wine plantations is approved by order of the Minister of Agriculture and Rural Development. ((3) The persons clearing the vine plantations entered in the Register of vineyards shall enjoy a right of replanting in the area equivalent to the pure crop with the grubbed or proposed grubbing-up. The individual replanting right can be exercised within 8 years from the date of its granting. (4) Pure culture means the area actually occupied with vines, delimited by the external perimeter of the hubs, plus a buffer zone whose width corresponds to the half of the distance between the rows. ------------ Article 15 has been amended by section 6.6. 2 2 of art. VII of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. B. Wine production + Section 1 Wines and products based on must and wine + Article 16 (1) Wine is an agri-food product. ((. The classification of wines shall be made in accordance with the provisions of Regulation (EC) No 1493/1999 1493/1999 on the common organization of the wine market + Article 17 The use of flavours or extracts in the production of wines is prohibited. The only accepted aromatization is that due to the contact of the wine with oak wood + Article 18 (1) The wine of hybrids directly producers or of interspecific hybrids with relative resistance to diseases, as defined in art. 12 12 para. ((3), it is intended only for family consumption, for the obtaining of alcohol of wine, as well as of vinegar. (2) The wine resulting from a mixture between wine of hybrids directly producers and wine originating from noble varieties is considered wine by hybrids directly producers and will be capitalized under the conditions provided in par. ((1). (3) It is forbidden to manufacture the picket, obtained by the water depletion of fresh or fermented tescovines, with or without added sugar, with a view to marketing for direct human consumption. + Section 2 Definition and use of the controlled designation of origin and geographical indication + Article 19 (1) A geographical indication means the name of a geographical location or region identifying 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.V.P.V. ------------- Alin. ((3) of art. 19 19 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". (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 and Rural Development and shall be published in the Official Gazette of the Romania, Part I. + Article 20 (1) By designation of controlled origin, hereinafter referred to as DOC, a geographical name of a vineyard, wine centre or locality, which identifies the origin of wines from that delimited territory, with quality characteristics, shall be understood. 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 the O.N.V.P.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 also be carried out outside the area where they have The grapes were produced. In these cases, the bottler and bottling place will be compulsorily mentioned on the label. ------------- Alin. ((4) of art. 20 20 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". (. 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 renewal of the beans. + Section 3 Conditions for the production and marketing of wine and products on the basis of must and/or wine + Article 23 Wines and products on the basis of must, wine and by-products of wine, imported or intended for export, must correspond to the qualitative and composition criteria laid down by the internal rules of production and consumption, as well as by the rules international. For products intended exclusively for export, other oenological practices and treatments, as well as other composition limits, authorised in the importing country, may also be used at the request or with the acceptance of the external customer. + Section 4 Valorisation of wines and other wine products + Article 27 The marketing of wines and products on the basis of must and wine is made by economic operators and private producers, through wholesale trade and retail trade, under the law. + Article 28 (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 and Rural Development and the Minister of Health and shall be published in the Official Gazette of Romania, Part I. + Article 29 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 geographical indication, wineries, special wines, except the pelin. + Chapter II Market mechanisms + Article 30 (1) An aid scheme is hereby established for private storage for table wine, grape must, concentrated grape must and rectified concentrated grape must and the use by producers of concentrated grape must and Concentrated grape must rectified. ((. Aid shall be granted for the use of concentrated grape must and rectified concentrated grape must: a) obtaining grape juice and concentrated grape juice; b) performing oenological practices. + Article 31 (1) The State may intervene by adopting measures concerning the distillation of wine, in the event of crisis situations likely to cause market disturbances due to important surpluses and/or quality problems. (. The measures shall be aimed at: a) the absorption of surplus quantities of wine; b) ensuring the continuity of the market supply from one harvest to another. ((3) The measures may be limited to certain categories of wine or to certain areas of production. They may not be applied to quality wines produced in the wine-growing area bounded only at the request of the producers. + Article 32 ((1) The arrangements for granting aid to producers for the private storage of the said products and for the use of concentrated grape must and rectified concentrated grape must, as well as the payment system for distillation are provided in the methodological norms for the application of this law. (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. + Chapter III Producer organisations and branch bodies + Article 33 (1) The State supports the establishment of producer organizations and filers by product by special laws. (2) The establishment of producer organisations, carried out on the basis of their free initiative, shall be pursued: a) the orientation of production and its adaptation to market requirements, in terms of quality and quantity; b) promoting the concentration of supply and capitalizing on market production; c) promotion of cultural practices, production and waste management techniques, in compliance with environmental protection, protection of water quality, soil and landscape, while ensuring conservation and/or favoring biodiversity; d) reduction of production costs and regularisation of production prices. (3) The threaded concept refers to a product or group of products and involves two main aspects: a) the identification of the products, the itineraries followed by them and the branch bodies, represented by economic operators and operators existing along the branch; b) analysis of the mechanisms and policies of regulating the products, structures and functioning of the market, state interventions through subsidies, credits, taxation, trade policies and the like. + Article 34 (1) In order to improve the functioning of the market of quality wines with a controlled designation of origin and of quality ones with a geographical indication, the Government shall analyse the proposals of the branch bodies in this field, as defined in art. 33 33 para. ((3) lit. a), and lays down the rules for the marketing and regulation of supply in relation to market demand. (. The actions undertaken by the branch bodies shall cover: a) enhancing the value of production potential; b) orientation of production towards products more adapted to market requirements and consumer tastes and aspirations, especially for product quality and environmental protection; c) improving the quality of products in all stages of production, vinification and marketing; d) limiting the use of phytosanitary substances and other substances affecting product quality, soil and water protection; e) the use of wines and other beverages on the basis of must and quality wine with a controlled designation of origin, quality wines with a geographical indication, labelling of quality products; f) promotion of organic viticulture, integrated control or other alternative production measures, with the protection of the environment; g) improving the knowledge and transparency of production and market; h) coordination of the market value of products through market studies; i) development of contracts-type compatible with Community regulations. + Chapter IV Guidance and coordination of wine production + Article 35 In order to carry out the tasks related to the orientation of activities in the field of viticulture and winemaking, as well as for the guidance and technical technical control in the production of wine production, it is established and operated: a) State Inspection for Vitivinicol Technical Control; b) the National Office of Vine and Wine Products; ------------- Letters b) and c) of art. 35 35 have been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 36 (1) The State Inspection for Wine Technical Control, hereinafter referred to as I.S.C.T.V., operates as a direction within the Ministry of Agriculture and Rural Development. (2) I.S.C.T.V. has organizational structures within the departments for agriculture and rural rural development and the city of Bucharest, which is approved by order of the Minister of Agriculture and Rural Development. + Article 37 The staff assigned to I.S.C.T.V. is salarized according to the same norms and criteria as the rest of the staff assigned to the ministry or to the directions for agriculture and rural rural development and the city of Bucharest. + Article 38 The current and capital expenditures of I.S.C.T.V. are financed from the state budget established for the Ministry of Agriculture and Rural Development. + Article 39 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 specialists of the Department of Plant Selection and National Inspection for the Quality of Seeds within the Ministry of Agriculture 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 and Rural Development, in order to carry out analyses and surveys on 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.V.P.V. some technical control actions in relation to the production of wines with a controlled designation of origin and geographical indication; ------------- Letter i) of art. 39 39 has been amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". 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 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 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. + Article 40 The amounts collected by I.S.C.T.V. from fines and service provision are made to the state budget. + Article 41 (1) O.N.V.P.V. shall be organized and operated as a public institution with legal personality subordinated to the Ministry of Agriculture and Rural Development, fully financed by its own income. (2) The organization and functioning of O.N.V.P.V., as well as its organizational, central and territorial structures, are approved by order of the Minister of Agriculture and Rural Development. (3) O.N.V.P.V. may 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.V.P.V. may provide financial support for the development of actions aimed at developing, modernizing and promoting wine production, as well as actions to promote wine products Romanian. ------------- Article 41 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 42 O.N.V.P.V. performs the following tasks: a) develop the technical rules for the production of wines with a controlled designation of origin, sparkling wines with a controlled designation of origin and wines with a geographical indication, in consultation with the producers of wine producers in the area targeted, which is approved by order of the Minister of Agriculture and Rural Development; b) prepare, draft orders of the Minister of Agriculture and Rural Development for the approval of controlled designations of origin and/or geographical indications; c) draw up, 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 wines and/or sparkling wines with a controlled designation of origin. ------------- Article 42 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 43 ((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, as well as wine producers in this category, shall be established by order of the Minister of Agriculture and Rural Development. (2) 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 producers, and the certificate 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. + Article 44 (1) O.N.V.P.V. operates under the Ministry of Agriculture 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.P.V. shall be approved by order of the Minister of Agriculture and Rural Development. ------------- Article 44 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 45 (1) O.N.V.P.V. is financed from budgetary allocations, through the budget established for the Ministry of Agriculture and Rural Development, and from its own income. (2) The own revenues of O.N.V.P.V. shall be made by: a) sponsorships; b) donations; c) service supplies. (3) The budgetary allowances allocated by the Ministry of Agriculture and Rural Development for O.N.V.P.V., completed with their own incomes, shall be used to support the activities of the O.N.V.P.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. ------------- Article 45 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 46 (1) O.N.V.P.V. has in its organizational structure: a) the scientific council, approved by order of the Minister of Agriculture and Rural Development, which consists of 7 members, one of whom is representative of the Ministry of Agriculture 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. ------------- Article 46 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Article 47 O.N.V.P.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 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 and Rural Development, the proposals O.N.V.P.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) collaborates with I.S.C.T.V., O.N.V.P.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 administrative recognized branch. ------------- Article 47 was amended by letter q) art. 57, Cap. IX of LAW no. 329 329 of 5 November 2009 , published in MONITORUL OFFICIAL no. 761 of 9 November 2009, by replacing the phrases "National Office of Origin Names for Wines" and "National Office of Vine and Wine" with the phrase "National Office of Vine and Wine Products". + Chapter V Sanctions + Article 48 Violation of the provisions of this law attracts civil, contravention or criminal liability, as appropriate. + Article 49 Repealed. ----------- Article 49 was repealed by art. 103 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 50 Repealed. ----------- Article 50 was repealed by art. 103 of LAW no. 187 187 of 24 October 2012 published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 51 The following facts are contraventions: a) the establishment of vine plantations in the area of over 0,1 ha of natural or legal person or extension above this limit of existing ones, without an appropriate planting/replanting right, according to the provisions of art. 11 11; ------------ Letter a) of art. 51 51 has been amended by section 4.2 3 3 of art. VII of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. 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. 20 20 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. 28 28 para. ((1); h) delivery or marketing of DOC wines without the application of quality certification marks, according to the provisions of art. 25 25 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. 24 24 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 deforestation declaration according to the provisions of art. 15 15 para. ((1). ------------ Letter n) of art. 51 51 has been amended by section 4.2 3 3 of art. VII of EMERGENCY ORDINANCE no. 43 43 of 5 May 2010 , published in MONITORUL OFFICIAL no. 316 316 of 13 May 2010. o) the prevention in any form of persons authorized to perform their duties related to the application of this law. + Article 52 (1) Contraventions provided in art. 51 51 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). (2) The fines may also be imposed on legal persons. + Article 53 The finding of contraventions and the application of the sanctions provided for in this Law shall be made by minutes concluded by persons specially empowered by the Ministry of Agriculture and Rural Development, Ministry of Public Finance, Ministry Health and the National Authority for Consumer Protection, each in relation to their duties by their own act of organization and functioning. + Article 54 Contraventions provided in art. 51 51 and penalties provided for in art. 52 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VI Final provisions + Article 55 (1) The conditions for territorial delimitation of wine-growing areas, those concerning the rules for the establishment, maintenance and deforestation of vine plantations, the conditions to be fulfilled by wines and products based on must, wine and distillate wine and by-products of direct human consumption, the conditions for the award of the designation of origin controlled and those relating to the production of wines of that category, the authorised oenological practices and treatments, the rules of implementation, evidence and attestation of wine products, those concerning their marketing, such as and other measures are established by methodological norms for the application of this law, developed by the Ministry of Agriculture and Rural Development, with the opinion of the Ministry of Public Finance, the Ministry of Health and the Ministry of Regional Development Home *). ------- *) In 2002, the Ministry of Agriculture, Food and Forestry, the Ministry of Public Finance, the Ministry of Health and Family and the Ministry of European Integration developed the methodological norms approved by Government Decision no. 1.134/2002 for the approval of the Methodological Norms for the application of the Law on Vine and Wine in the system of the common organization of the wine market 244/2002 244/2002. (2) The Ministry of Agriculture and Rural Development will issue within 60 days from the publication of the present law in the Official Gazette of Romania, Part I, the methodological norms for the application of the law, which will be submitted for approval to the Government. + Article 56 The census of the wine heritage census is approved by Government decision. + Article 57 It is exempted from the provisions of art. 11 11, 12, 21 and 22 areas of vineyards and lots of grapes, as well as drinks used in experimental or didactic interest by research, educational, variety test or product testing establishments. The exemption limits shall be established by the methodological norms for the application of this Law * *). ------- **) In the former art. 65, become art. 57 57, figure and former art. 17 17, repealed by Law no. 83/2007 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 244/2002. + Article 58 (1) This law shall enter into force 90 days from the date of its publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Law of the vineyard and wine no. 67/1997 , published in the Official Gazette of Romania, Part I, no. 81 81 of 5 May 1997, amended and supplemented by Government Ordinance no. 34/2000 ,, as well as any other provisions to the contrary. + Annex DEFINITIONS of the wine-growing and groups of varieties 1. The wine-growing area represents the geographical area of the vine culture, in which the wine-growing areas, wine-growing regions, vineyards, wine-growing centres and wine-growing areas are included. 2. The wine-growing area is the large expanse area that groups several vineyards belonging to different wine regions, characterized mostly by its climatic conditions determined for the qualitative potential of grapes and wines. 3. The wine region includes a wide territory cultivated with vines, characterized by natural climatic and relief conditions relatively similar, as well as through production directions and close assortments. 4. Podgoria is a natural and traditional territorial unit, characterized by specific conditions of climate, soil and relief, through cultivated soils, through the methods of culture and vinification processes used, which, as a whole, lead to obtaining some grape and wine productions with specific attributes. 5. The wine-growing center is the territory that includes the vineyards of one or more localities, which makes or is not an integral part of a vineyard and which constitutes a territorial unit characterized by specific factors of climate, soil and assortment, as well as similar agro-technical and technological conditions. The wine centre comprises a smaller area than the vineyard. 6. The wine-growing plant is the restricted territory within a wine center, which includes the vine plantations located on the same form of relief. The natural factors, as well as the conditions of culture and technology that concern the wine plum are similar throughout the area cultivated with vines, determining the obtaining of products with specific quality attributes. 7. Recommended varieties are those that best capitalize on environmental conditions and highlight, in the highest degree, the qualitative and productive potential in the areas in which they are grown. The recommended varieties are mainly endorsed to the expansion in plantations. 8. Authorized varieties are those that, through their biological and technological attributes, highlight their qualitative and quantitative potential, under the potential of the recommended varieties, under the conditions of their culture area. Authorised varieties may be extended in a complementary manner, together with those recommended. 9. The temporarily authorized varieties are those in culture, but which behave less satisfactorily or unsatisfactory in the conditions of the respective areas. Temporarily authorised varieties cannot be promoted in the new plantations in the vineyard or the wine centre in which they have a mediocre or poor behaviour. This category includes both the varieties belonging to the Vitis vinifera species from the old local assortment, as well as the interspecific hybrids. 10. It is forbidden varieties that, by their biological or technological attributes, negatively influence the quality of wine products. This category includes hybrids directly manufacturers, referred to as HDP. The list of prohibited varieties is approved by order of the Minister of Agriculture and Rural Development. -------