The current Spanish legislation on designations of origin is essentially contained in Title III of Law 25/1970 of 2 December of the Statute of the vineyard, wine and spirits, whose initial scope The wine sector was successively expanded to other products of the agri-food sector, by virtue of its additional fifth provision.

At present, Community legislation is constituted by Council Regulation (EEC) No 2081/92 of 14 July on the protection of geographical indications and designations of origin for products originating in the European Community. In the light of the Commission's proposal, the Council of Ministers adopted a proposal for a Council Directive on the approximation of the laws of the Member States relating to the approximation of the laws of the Member States relating to: concerning the processing of applications for the registration of designations of origin and geographical indications.

In particular, this Royal Decree is intended to regulate the processing of applications for registration of designations of origin and geographical indications and their transmission to the European Commission.

On the other hand, it is necessary to adapt to the above Community Regulations the system which has been applied so far for ratification by the General Administration of the State of the Regulations of designations of origin and geographical indications approved by the Autonomous Communities. The present Royal Decree regulates the collaboration between public administrations and relations with the European Union in this field, having a basic character the precepts that regulate such aspects, since they come to modify a system in the According to the Constitutional Court, the aforementioned collaboration between the State and those Autonomous Communities with exclusive competences in this field is concrete. For the same reasons, this Royal Decree also lays down the procedure for exercising the transitional national protection provided for in Article 5.5 of Regulation (EEC) No 2081/92.

This Royal Decree has been consulted in the project phase with the Autonomous Communities, and is enacted under the State competence in the field of bases and coordination of the general planning of economic activity Article 149.1.13.a of the Constitution.

For all this, on the proposal of the Minister of Agriculture, Fisheries and Food, with the prior approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of 22 October 1999,

D I S P O N G O:

Article 1. Scope of application.

This Royal Decree shall apply to protected designations of origin and protected geographical indications (hereinafter referred to as designations), whatever their territorial scope, with the exception of Article 3, which it shall apply exclusively to designations whose territorial scope extends to more than one Autonomous Community.

Article 2. Applicants.

1. Producers or processors of an agricultural product or foodstuff, or their groupings and, in exceptional cases, a natural or legal person, in accordance with Regulation (EEC) No 2037/93, applying for the registration of a Name in the 'Register of protected designations of origin and protected geographical indications' referred to in Article 6 (3) of Regulation (EEC) No 2081/92 shall be submitted to the competent authority of the Community Autonomous or of the Ministry of Agriculture, Fisheries and Food, according to the territorial scope of the name is limited to a single Community or more than one Community.

2. Applicants must prove the professional, economic and territorial links with the products for which registration is requested, because of their status as producers or processors who carry out the activity in the related geographical area. with the name.

Article 3. Documentation annexed to the application.

The request will be accompanied by the following documentation:

1. A supporting study of the application for registration, which shall contain at least the following paragraphs:

a) Regarding the name:

1. Accreditation of the use and notoriety of the geographical name in the marketing of the product.

2. Justification that the geographical name is sufficiently precise and is related to the delimited geographical area.

3. Certification of the Central Mercantile Register and the Spanish Patent and Trademark Office, whether or not the registered trademarks are related to the name of the designation of origin or the geographical indication.

b) Regarding products:

1. Description of the traditional geographical area of production and production of the product to be protected, with a special impact on natural and human factors.

2. Indication of varieties, species or breeds and traditional breeding or breeding techniques.

3. ° Characteristics, conditions and methods of production or processing of the products.

4. Description of the products, expressing the physicochemical and organoleptic characteristics that, according to the above points, establish a qualitative differentiation in relation to those of the same nature.

5. Presentation and marketing modes, as well as main markets or other socio-economic elements or data that justify the visibility of the products.

2. Specifications, which shall contain the elements specified in Article 4 of Regulation (EEC) No 2081/92.

3. Draft Regulation of the name.

Article 4. Transmission of applications to the European Commission.

1. Once the checks provided for in Article 5.5 of Regulation (EEC) No 2081/92 have been carried out, the Autonomous Communities shall forward applications for registration in the Community register to the Ministry of Agriculture, Fisheries and Food for their transmission to the European Commission via the established channel. The transmission shall be communicated immediately to the Autonomous Community concerned.

When the Ministry of Agriculture, Fisheries and Food warns of the lack or insufficiency of any document or requirement necessary in the application, it shall inform the competent authority of the Autonomous Community, in compliance with the the duty of collaboration between public administrations.

2. It is for the Ministry of Agriculture, Fisheries and Food, in coordination with the Autonomous Communities concerned, to carry out the checks referred to in paragraph 1 of this Article, of applications for the registration of names whose territorial scope covers the territory of more than one Autonomous Community, for further transmission to the European Commission.

Article 5. Transitional national protection.

Once the application for registration has been transmitted to the European Commission, transitional national protection may be granted, as provided for in Article 5.5 of Regulation (EEC) No 2081/92, by means of approval and publication of the regulation of the name. To this end, this regulation will be ratified by the Ministry of Agriculture, Fisheries and Food, provided that the protection granted is in accordance with the current legal system.

Single additional disposition. Basic character.

This Royal Decree is enacted under the provisions of Article 149.1.13.a of the Constitution, which confers exclusive competence on the State on the basis and coordination of the general planning of the activity. economic.

Final disposition first. Development and implementation faculty.

The Minister of Agriculture, Fisheries and Food is empowered to dictate, in the field of his competence, the precise measures for the development and fulfillment of this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to October 22, 1999.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

JESUS POSADA MORENO