FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

Spain is characterized by being a country with great cultural and historical diversity which reflects in the recognition of a great number of foods with their own characteristics of quality due to the geographical scope in which they have primarily, in the form of protected designations of origin (PDO) and protected geographical indications (PGI).

The PDOs and PGI can be considered as an element that favors the differentiation of production, contributing to the increase of the competitiveness of the agro-food industries, mainly through the valorization of these products by the consumer, being, at the same time, a vertebrate instrument in the development and sustainability of rural tissues and being built as a sign of promoting the image of Spanish products abroad.

The first legal framework for the protection of the Spanish Denominations of Origin dates from 1932, at which time our country was endowed with the first legal framework in the matter, Statute of Wine, by Decree of 8 September, subsequently raised to Law by the Law of 26 May 1933 and which was intended solely for wine. Subsequently, the national framework was amended by Law 25/1970 of 2 December, of the Status of Vine, Wine and Spirits, and extended the model to the rest of the food. Finally, Law 24/2003, of July 10, of Vine and Wine, was the last national legislation specific to wine. In the same way, the Constitutional Court (STC 112/1995), in which, in order to make a clear distribution of competences between the Autonomous Communities and the State in this matter, states that "The State can, without doubt, to issue valid rules-with a basic or full character as appropriate-where the Autonomous Communities do not have exclusive competence. And you can also order the designations of origin that cover the territory of several Autonomous Communities, a performance that can logically only be performed by the general organs of the State".

But the normative evolution in the field has not been exclusive of Spain, so that the European Union has been giving itself since the 1990s, in a progressive and constantly evolving way, of a legal framework that covers the recognition, protection and control of PDO and PGI from a harmonised approach and with common elements for all Member States. This approach to European legislation, where the role of the European Commission has become key and protagonist, has overtaken the approach set out in national legislation.

In particular, following the examination carried out by the European Union in the voluntary schemes regulated, the Guidelines on best practices applicable to voluntary schemes for the certification of agricultural products and Food and, above all, Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural and food products have come to establish the legal framework in which they are to be the new types of voluntary labelling and the traditional rights of the intellectual property which links the quality to the geographical origin of the products through the figures of the PDO and the PGI, giving stability at European level, by means of the precepts mainly of Title II of that Regulation (EU), figures today also protected at the global level by the World Trade Organization rules and, in particular, by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) approved in the Marrakesh Conference, on 15 April 1994, which ended the Uruguay Round and created the Organization itself World Trade.

For all this, given the increasing intensity in the regulation of the content of these intellectual property rights, especially by the European Union, the additional fifth provision enshrines the undisputed prevalence of such The right of the European Union when it is regulated at present or in the future, whatever they may be, of these intellectual property rights without leaving areas or margins of appreciation to the Member States.

In the defense of the common model it is necessary the involvement of the operators, in particular, through entities entrusted with the management of the PDOs and IGP, which must have own independent legal personality of the Administration, although with a direct relationship of collaboration. In this sense, the appropriate and necessary collaboration in the management of the figure of protection can lead to the attribution of public functions in the management entities so that in the text the creation of corporations of law is contemplated public. In fact, nine corporations of public law are created in the norm for many other Regulatory Councils that at the time of adoption of this law, they have the consideration of the deconcentrated organs of the Administration and that they have requested expressly access this legal formula.

II

In order to ensure the proper functioning of the system, it is not enough to ensure the recognition, management and defence of the protection figure, and to ensure adequate and accurate information for the consumer, as well as for the respect for fair competition between operators. Reflecting this need is the inclusion of specific controls on PDO and PGI in the general Community regulatory framework for official feed and food controls.

The new precepts established by European legislation in the field of official control and by the specific for PDOs and PGI, together with the many changes that the agri-food sector has experienced, motivate the need for establishing a new and unique national regulatory framework. The purpose of this law is therefore to establish a new legal system, complementary to the European regulation, applicable to PDO and PGI, whose territorial scope extends to more than one autonomous community and clearly delimits the functions of the of its management entities and the exercise of official control by the competent authority.

In this regulation, the part concerning the control of compliance with the requirements laid down for the marketing of the products covered is essential, since it is an essential element for to ensure the legal certainty of the various operators, and not to disappoint consumers ' expectations.

To this effect the law regulates and develops the competences that the legal system attributes within the General Administration of the State to the Ministry of Agriculture, Food and Environment in relation to the products agricultural and food covered by a PDO or PGI, in particular those relating to official controls, without prejudice to the powers which other ministerial departments may have.

The Food and Control Agency, an autonomous agency of the Ministry of Agriculture, Food and the Environment, will carry out official control functions before the marketing of PDOs and PGI territory extends to more than one autonomous community. In order to assign these new functions, it is appropriate to amend Law 12/2013 of 2 August on measures to improve the functioning of the food chain, establishing the Food Control and Information Agency in order to provide it with new purposes and to create a levy that will be required for the provision of its inspection and control functions and for which it enables European legislation.

In addition, the possibility of delegating specific tasks related to official controls in control bodies acting as agencies is included in this law in accordance with the provisions of the European legislation. product certification, provided that they comply with certain requirements, relating, in particular, to their technical competence, objectivity, and express authorisation by the competent authority.

On the other hand, regarding the inspection and sanctioning regime, they have been reviewed taking into account the jurisprudence resulting from the application of Law 24/2003, of July 10, of the Vina and the Wine. In this respect, it is noted that, in the section on prescription and expiry, the principle of the expiry of the action laid down in Article 18.2 of Royal Decree 1945/1983 of 22 June 1983, extending the period of time, is specified as not to be application in the case of expired sanctioning procedures to be restarted. In this way, the effects of the expiry and the prescription established in our legal order are respected (Law 30/1992, of November 26, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure).

III

The law consists of a total of six chapters.

Chapter I on general provisions sets out the subject matter and scope of the law, as well as its purposes and the basic definitions necessary for the application of the law.

Through Chapter II on cooperation between public administrations, the aim is to strengthen the instruments of cooperation between public administrations, based on the experiences developed in recent years. Under the principle of voluntariness, it is a matter of facilitating the joint development of actions, with the aim of achieving a more efficient use of the resources with which the system of control of the PDO and PGI counts, which will undoubtedly be improvements for the industry as a whole without the need for additional resources.

In particular, this chapter addresses the different assumptions in which the General Administration of State-Autonomous Communities relationship is made explicit. It is part of the respect for each administration's own area and it will arbitrate relationship formulas, such as the previous report of the Administration that may be affected by decisions or actions of another Administration, the collaboration agreements and the constitution, where appropriate, of consortia for the management of common interests, singularly in the field of the official control of PDO and PGI and of the sanctioning procedures for offences defined in this law.

Collaboration extends to particularly sensitive aspects of public action, such as those corresponding to the exercise of the inspector's function.

As the exponent of the collaborative impulses that the law presides, it has foreseen that they can be created by agreement of the Sectoral Conference of Agriculture and Rural Development, the commissions and groups that will be necessary for the cooperation in the field of PDO and PGI.

Chapter III defines the state-wide PDO and PGI protection system. The general principles of the system are defined and the products concerned are identified in accordance with the applicable European legislation. It also regulates the content and scope of the protection afforded to the names protected by being associated with a PDO and PGI, pointing out that protection extends from production to all stages of marketing, presentation, advertising, labelling and other commercial documents of the products concerned.

Chapter IV regulates management entities, called Regulatory Councils, of PDO and PGI whose territorial scope extends to more than one autonomous community, which will have their own legal personality and have an organ The Ministry of Agriculture, Food and the Environment will be authorized by the Ministry of Agriculture, Food and the Environment. The law provides for the possibility of constituting public law corporations to which the exercise of certain public functions can be attributed.

Chapter V regulates general aspects of the PDO and PGI control system, which provides guarantees for economic operators and consumers. This is explicitly stated that it will be up to the Ministry of Agriculture, Food and Environment to verify compliance with the specification before the marketing of PDO and PGI whose territorial scope is extended to more than one autonomous community. Similarly, in compliance with European legislation, the power to delegate certain control tasks to control bodies acting as product certification bodies is envisaged.

Finally, Chapter VI regulates the inspection and sanctioning regime applicable in the field of the State's competence in the field of control of PDOs and IGP, making the infringements classified as minor, serious and very serious, and setting the level of penalties applicable in each case. It is also pointed out that the holders of the competition to initiate, deal with and resolve the sanctioning procedures, as well as the precautionary measures which may be adopted.

IV

On the other hand, the law, although it repeals Title II-System of protection of origin and quality of wines-of Law 24/2003, of July 10, of the Wine and Wine, as well as other provisions of the same legal text related with that matter, since a good part of its content is to be considered incompatible with Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of agricultural markets and repealing Regulations (EEC) 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, in the second, third and fourth provisions are maintained with a range of law, and with a basic character, the indications concerning the characteristics of the wines and the regulation of the traditional terms of the wines, in a coherent way with the provisions laid down in the rules of the European Union on those matters, contained in the legislation indicated and in Commission R (EC) No 607/2009 of 14 July laying down certain detailed rules for the application of the Regulation (EC) Council Regulation (EC) No 479/2008 as regards designations of origin and geographical indications protected, to traditional terms, to the labelling and presentation of certain wine products.

V

This text has been submitted to the procedure laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June laying down a procedure for the provision of information in the field of standards and regulations In the case of the Commission, the Court of Law has not yet established the right of access to the information provided by the Commission in the light of the information provided by the Commission in respect of the information society. Directive to the Spanish legal order.

CHAPTER I

General provisions

Article 1. Object and scope of application.

This law aims at the establishment of the legal system, which is complementary to that established by European Union law, which is set out in the fifth additional provision, applicable to protected designations of origin, Hereinafter referred to as 'PDO' and 'Protected Geographical Indications', hereinafter referred to as 'PGI', referred to in Article 10 of this law, the territorial scope of which extends to more than one autonomous community, hereinafter referred to as 'the autonomous territorial area', attention to official control prior to marketing.

Article 2. Finnish.

The following are the purposes of the law:

(a) Regular the ownership, use, management and protection of PDO and PGI linked to a source whose territorial scope extends to more than one autonomous community, irrespective of the type of product covered, as well as the legal regime applicable to their control.

(b) Ensure the protection of the PDO and PGI as intellectual property rights by means of the means provided for in this law and, where appropriate, by those provided for by European Union law which is included in the additional provision fifth and in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

c) Protecting the rights of producers and consumers by ensuring compliance with the general principle of veracity and justification of information on the labelling of products covered by a PDO or PGI whose territorial scope extends to more than one autonomous community.

d) Promote cooperation between competent public administrations.

Article 3. Definitions.

For the purposes of this law, the following definitions are set:

(a) Statement of Conditions: A normative document establishing the requirements to be met by a product from a PDO or PGI, also referred to as the 'technical file' for geographical indications of beverages spirit.

(b) Operator: The natural or legal person responsible for ensuring that its products comply with the criteria laid down in the specification prior to the placing on the market of the product, as well as with the rest of the this law.

CHAPTER II

Cooperation between public administrations

Article 4. Principles of action.

1. In its relations with the autonomous communities, the General Administration of the State and the public bodies linked to or dependent on it shall adjust their actions as provided for in Articles 3 and 4 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

2. In any case where the decisions or actions of the Acting Administration may affect the powers of other Administrations, the latter shall obtain a report from the latter before it is resolved.

Article 5. Cases involving several competent authorities.

When the territories of several autonomous communities are affected and these and the General Administration of the State must act, the affected administrations will be able to establish mechanisms of collaboration and coordination that they consider relevant to the appropriate exercise of the respective powers, which may provide for the designation of a single body for the processing of the relevant administrative procedures.

Article 6. Collaboration conventions.

The competent public authorities may conclude collaboration agreements and establish a common organization for their management in the form provided for in Article 6 (5) of Law 30/1992, of 26 May 1992. November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

The common organization will assume the functions expressly determined by the collaboration agreement and may receive from the competent administrations the assignment of the privileges that are precise for the best performance of the the tasks of those administrations, singularly in the field of the official control of the PDO and PGI and the sanctioning procedures for offences established in this law.

Article 7. Collaboration in the exercise of the inspector function.

The public authorities and the public bodies linked or dependent on it will supply, when required for this and in accordance with the rules applicable in each case, the information requested by the public authorities. appropriate inspection services, and shall provide the necessary collaboration.

In matters of inspection and control, competent public administrations may request the necessary support from any other authority, as well as from the state, regional or local security forces and bodies.

Article 8. Cooperation bodies in respect of protected designations of origin and protected geographical indications.

Pursuant to Article 5 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, by Agreement of the Sectoral Conference of Agriculture and Rural Development may be set up in the form of commissions and groups which are necessary for cooperation in the field of PDO and PGI.

CHAPTER III

Protecting Protected Designations of Origin and Protected Geographical Indications

Article 9. General objectives.

The general objectives of the PDO and PGI are, without prejudice to the provisions of European legislation, the following:

(a) Protect the rights of producers and consumers by ensuring compliance with the general principle of veracity and justification of information on the labelling of agricultural and food products covered by a PDO or PGI.

b) Ensure the specificity of the agricultural or food product covered by a PDO or PGI and its protection, maintaining its diversity and commercial reputation.

c) Provide operators with an instrument for the differentiation of their products, as an additional element to contribute to strengthening fair and effective competition in the sector.

Article 10. Protected Designations of Origin and Protected Geographical Indications.

The following PDOs and PGI are considered for the purposes of this law as set out in the European Union legislation:

(a) Protected designations of origin and protected geographical indications of wine products.

b) Geographical indications of spirit drinks.

(c) Geographical Indications of aromatised wines, wine-based aromatised drinks and aromatised wine-product cocktails.

(d) Protected designations of origin and protected geographical indications of other products of agricultural or food origin.

Article 11. Designations of origin and cross-border geographical indications.

1. In the case of PDO or PGI whose territorial scope affects the national territory and, in addition, to another or other Member States of the European Union, the relationship with the competent authority of the other or other Member States shall be the responsibility of the Administration. General of the State through the corresponding channel.

2. Appropriate collaboration procedures by the General Administration of the State and the Autonomous Communities affected by a cross-border geographical indication shall be articulated.

3. For the adoption of the relevant decisions, the General Administration of the State shall consult the autonomous communities concerned.

Article 12. Ownership, use and management of the names protected by a PDO or PGI with a supra-regional territorial scope.

1. The names protected by being associated with a supra-regional PDO or PGI are state public domain goods that cannot be subject to individual appropriation, sale, disposal or taxation.

2. The use of the protected names shall not be denied to any natural or legal person who complies with the requirements laid down for each PDO or PGI, except for a penalty of temporary loss of use of the protected name or for any other legal cause. set.

Article 13. Protection.

In accordance with the protection offered by European Union regulations:

1. Names protected as being associated with a PDO or PGI may not be used for the designation of other non-protected comparable products.

2. The protection shall be extended from production to all stages of marketing, presentation, advertising, labelling and commercial documents of the products concerned. Protection shall be applied against any misuse, imitation or evocation and implies the prohibition of the use of any false or false indication as to the origin, geographical origin, nature or essential characteristics of the products. products in the packaging or packaging, in advertising or in documents relating to them.

3. Names which are the subject of a PDO or PGI may not be used in the designation, presentation or advertising of products of similar kind or services, to which the name has not been assigned and which do not satisfy the requirements of the such protection or designation, even if such names are translated into other languages or preceded by expressions such as 'type', 'style', 'imitation' or similar, or even where the true geographical origin of the product is indicated. No expressions of the type "produced in ...", "with manufacture in ..." or other analogous, may be used.

4. The names which are the subject of a PDO or PGI may not be used as internet domain names where the holder lacks legitimate rights or interests in the name and uses it for the promotion or marketing of comparable products. protected by them. For these purposes, the names that are the subject of a PDO or PGI are protected against their use in internet domain names that consist, contain or evoke such PDO or PGI.

5. Signs which reproduce, imitate or evoke a protected designation such as PDO or PGI may not be registered as trademarks, trade names or social reasons, provided that they are applied to the same or comparable products or products may be considered as ingredients or may be used for the reputation of those ingredients.

6. Agricultural and food operators must enter into the labels and presentation of products covered by a PDO or PGI sufficient elements to make a simple and clear distinction between their designation or type of protection and their origin. (a) geographical or source, and to avoid, in any case, confusion among consumers.

7. The operators of a given PDO or PGI may not be required to use exclusive marks for the products of that PDO or PGI. In any event, the designation and presentation of the products of that operator shall contain sufficient identifying elements to avoid misleading or misleading the consumer.

8. At the justified request of the producer group provided for in Article 14 (1), the protection of geographical names of subareas and municipalities, notably linked to, may be regulated in the corresponding specifications. the PDO and PGI, used for the marketing of the agricultural or food product covered by such figures, provided that it does not object to the general rules on food information.

Article 14. Recognition of Protected Designation of Origin and Protected Geographical Indications of Supra-regional territorial scope.

1. Any group of producers of a given product or a producer may apply for the recognition of a PDO or PGI in the form and conditions laid down in European Union legislation.

2. The procedure at the national stage, established by European Union legislation, shall be the responsibility of the Ministry of Agriculture, Food and the Environment, in the case of a PDO or PGI whose territorial scope extends to more than one community. autonomous. Such a national procedure shall be developed regulatively.

CHAPTER IV

Management entities

Article 15. Composition.

The management of one or more PDO or PGI may be carried out by a management entity called the Regulatory Board, in which the operators registered in the registers of the corresponding PDO or PGI will be represented. have the prior authorisation of the Ministry of Agriculture, Food and the Environment in accordance with the prescribed terms. That management entity shall at least comply with the following conditions:

a) Having legal personality.

b) Contar with a governing body, where all economic and sectoral interests that participate significantly in obtaining the protected product are represented in a joint manner.

c) Count with the necessary means to be able to perform their functions.

The deadline for resolving by the competent authority of the Ministry of Agriculture, Food and Environment to be determined on the application for authorization shall be six months from the date of the submission of the application. The period of such time without having been notified shall allow the person concerned to understand his request.

Article 16. Functions.

The functions of the management entities shall be indicative and not exhaustive, the following:

(a) The promotion and defense of the protected product, as well as to provide an exhaustive protection of the name covered by the PDO or PGI, registering for this purpose the corresponding marks, names of internet domains and other industrial property rights which may complement the protection provided for by the legislation in this field.

To exercise judicial or extrajudicial actions within its scope to defend the name protected by the PDO or PGI in the face of its illegitimate use that constitute acts of unfair competition or other improper uses.

b) Propose the amendments to the specification to the Ministry of Agriculture, Food and Environment.

c) Carry the internal records required by the technical standards of each entity, as well as collaborate with the Ministry of Agriculture, Food and Environment in the maintenance of the official records related to the PDO or PGI.

d) Collaborate with the Ministry of Agriculture, Food and the Environment and competent bodies of the Autonomous Communities, in particular, in their official control actions.

e) Regardless of complaints that may be filed with other administrative authorities or judicial bodies, report to the Ministry of Agriculture, Food and the Environment not complying with the established in the specification and in the current legal regulations related to the scope of this law, regardless of any complaints that may be filed with other administrative authorities or judicial bodies.

f) Qualify each vintage or vintage in the case of the PDO or PGI of wines.

g) Apply statutes that force members, among others, to the following:

1. To apply the rules adopted by the management entity in respect of: notification of production, marketing and protection of the environment;

2. To provide the information requested by the management entity for statistical purposes and production and marketing monitoring;

3. To be subject to the internal control regime which, if any, is established by law;

4. To respond to breaches of the obligations laid down in the statutes, as well as to facilitate the oversight of their compliance; and

5. º To forward statements or reports to be obligated.

The above functions will have to be carried out in accordance with national and European regulations, and in no case will it be necessary to facilitate or give rise to anti-competitive conduct incompatible with Articles 101 and 102 of the Treaty on the Functioning of the European Union.

Article 17. Legal regime.

Management entities may adopt the form of a public law corporation with full capacity for the fulfillment of its purposes. For these purposes:

a) They will be related to the General Administration of the State for the purpose of this law through the Ministry of Agriculture, Food and Environment.

b) Acquire legal personality since their governing bodies are established.

c) They will be governed by private law. However, their actions must comply with the provisions of this law, the regulations which develop it, the European rules applicable to them, their statutes and, in the exercise of powers or public functions, the laws of the Member States. administrative.

(d) They shall be integrated by the operators registered in the official registers of the relevant PDO or PGI.

(e) They shall draw up and approve statutes to be submitted, for administrative approval, to the Ministry of Agriculture, Food and the Environment and which shall include at least their aims and functions, organization, rights and obligations of operators who integrate them, economic and financial regime, internal control, existing and disciplinary rules. The Ministry of Agriculture, Food and the Environment prior to refusing the statutes shall submit the same to the opinion of the Council of State.

f) The structure and operation must be democratic. Such effects may be understood as proxy systems based on weighted voting.

g) They shall carry out any other function which, irrespective of those laid down in this law, confers on them the legal order, their statutes or the specifications of the PDO or PGI which are compatible with their nature and the current rules.

(h) In addition to the tasks referred to in Article 16, they may carry out the following tasks to be carried out in accordance with national and European legislation, and in no case shall it be provided or give rise to any conduct contrary to the jurisdiction incompatible with Articles 101 and 102 of the Treaty on the Functioning of the European Union:

1. Take the official records required by the application rules, including operator records.

2. To adopt, in accordance with the terms of the common agricultural policy and in the framework of the specifications applicable to each PDO or PGI, for each marketing year, according to criteria for the protection and improvement of quality, the maximum limits for production and processing or the authorisation of any aspect of the annual conjuncture which may influence these processes. Such decisions shall be made public in such a way as to ensure that they are accessible to all concerned and shall be communicated to the Ministry of Agriculture, Food and the Environment, who, where appropriate, shall communicate to the Commission the adopted.

3. Issue certificates of product or operator to the PDO or PGI at the request of the interested party.

4. Set minimum requirements to be met by commercial labels, which will be communicated to the Ministry of Agriculture, Food and Environment and will be made public in order to guarantee their access to all stakeholders.

5. Set requirements and manage counter tags, seals and other warranty marks.

6. Do all those functions that are expressly assigned to them by the Ministry of Agriculture, Food and Environment related to the PDO and PGI, excluding official control, except under the conditions laid down in Article 23, in relation to the interests protected by the protection figure.

Resolutions to be adopted in respect of the exercise of these functions may be challenged in administrative proceedings with the Ministry of Agriculture, Food and the Environment.

Article 18. Funding.

Management entities may require economic contributions from operators to finance the cost of their organisational and operating rules.

Article 19. Reporting and control obligations.

The management entities shall provide the Ministry of Agriculture, Food and Environment with the information they regulate, and shall be subject to their control.

Article 20. Geographical scope.

Where the geographical scope of an agri-food interbranch organisation coincides with the production and production area of a PDO or PGI, and such inter-branch organisation is regulated under the provisions of the provisions of the In Law 38/1994 of 30 December 1994, agri-food organizations, which are also recognized for the same product as that of the PDO or PGI, and with the same requirement of parity between the different subsectors, may establish, at the request of that Interprofessional Organisation, that the representation in the body The government of the management entity, and the composition of the management entity, is established in the Board of Directors of the Interprofessional Organization.

CHAPTER V

The control of protected designations of origin and protected geographical indications

Article 21. Self-control.

1. The operators, in each and every stage of production and production, must establish a documented system of self-control of the operations of the production process under their responsibility, in order to comply with the established in the relevant specific legislation and ensure compliance with the product specification as well as any other provision that is applicable to it.

2. Operators shall keep the documentation relating to self-control for a minimum period of five years, and should be extended according to the life of the product.

3. Management entities may establish, within the framework of internal control, consultancy and advisory systems aimed at making it easier for operators to comply with the product specification of a product.

Article 22. Official control.

1. The official control of the PDO and PGI before the placing on the market shall be the verification of compliance with the product specification. It shall affect all stages and activities which are included in it, including, where appropriate, the production, handling, classification, processing, processing, storage, packaging, storage, labelling, packaging, presentation and transport.

2. Official control shall also apply to all products and elements involved in the processes forming part of the chain: raw materials, ingredients, semi-finished or intermediate products and finished products; processes and equipment technological manufacturing, processing and processing of food; means of conservation and transport; as well as in the labelling, presentation and advertising of food.

3. The official control shall consist of the inspection of the premises, facilities and holdings related to the product covered by the PDO or PGI figure, in the sampling and in its analysis, and in the documentary examination. It shall also apply to the verification of the planning and implementation of the internal control and control systems and their documentary records.

4. Official control shall be in accordance with the principles of legality, proportionality, security, contradiction, agility and administrative simplification.

5. Official control is the responsibility of the Ministry of Agriculture, Food and Environment. The control system for each PDO or PGI shall be established after consultation with the management organisation.

Article 23. Delegation of official control tasks.

1. The Ministry of Agriculture, Food and the Environment may delegate certain control tasks related to the verification of compliance with the specification prior to placing on the market in one or more control bodies which act as a product certification body, in accordance with the provisions of European legislation on official controls.

2. Control bodies acting as a product certification body shall be accredited in accordance with the standard UNE-EN ISO/IEC 17065:2012 or the replacement standard. As long as they obtain accreditation, the Ministry of Agriculture, Food and Environment may grant provisional authorisations of twelve months for such bodies.

3. Where the certification bodies are aware of irregularities during their inspection, they shall make their complaint to the competent authority.

4. The Ministry of Agriculture, Food and the Environment may withdraw or suspend the delegation if the control bodies are not properly carrying out the tasks assigned to them, in particular in the case of the serious or very serious infringement of Article 31 (2) and Article 32 (2) of this Law. The delegation shall withdraw without delay if the inspection body does not take appropriate and appropriate corrective action.

5. The Ministry of Agriculture, Food and the Environment shall be responsible for monitoring the work carried out by the delegated bodies.

Article 24. The internal control of the management entities.

1. Management entities may establish in their statutes an internal control system intended to monitor compliance with the obligations assumed by the operators, including in the specification.

2. Where the management organisation is constituted as a public law corporation, the reports resulting from the application of the internal control system, relating to the failure to comply with the specification by any operator, may be consideration of the application for the initiation of a sanctioning procedure at the reasoned request of another body, provided for in Article 69, of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Procedure Joint Administrative. To this end, the annual programming of the internal control applied must be approved by the Ministry of Agriculture, Food and Environment.

3. In addition to the provisions of the previous paragraph, where the management body is constituted as a public law corporation, the facts relating to the failure to comply with the specification by any operator established by the staff of the structure responsible for internal control shall have a presumption of certainty and shall constitute a public documentary evidence for the purposes of their assessment in the sanctioning procedure without prejudice to the evidence to be given in defence of their rights; or interest may be noted or provided by the person concerned. For this purpose, the structure shall be accredited in accordance with UNE-EN ISO/IEC 17020/2012 and shall communicate to the Ministry of Agriculture, Food and the Environment regularly and whenever requested by the Ministry of Agriculture, carried out. If the results of the checks reveal or cause suspicion of non-compliance, the structure shall immediately inform the competent authority.

4. The Ministry of Agriculture, Food and the Environment shall be responsible for monitoring the implementation of the internal control system by management entities.

The Ministry of Agriculture, Food and Environment may withdraw the presumption of certainty and consideration of public documentary evidence, provided for in the third paragraph of this Article, if the results of an audit or an inspection reveals that the structure in charge of internal control is not doing so properly. It shall be withdrawn without delay if the internal control structure does not take adequate and timely corrective action.

Article 25. Obligations of the operators, management entities and control bodies.

1. All operators, their management entities and the control bodies in which certain tasks have been delegated shall be obliged to keep the documentation laid down by the rules applicable in each case under conditions permitting its verification and for a minimum time of five years and may be exceeded until the end of the product's life.

2. Operators shall be obliged to:

(a) comply with the specifications of the PDO or PGI, as well as the rules necessary for their correct application.

b) Provide all kinds of information about facilities, products, services or production or processing systems, allowing direct verification in the framework of official control.

c) Show the administrative, industrial, commercial and accounting documentation relating to its activity as deemed necessary for the development of official control actions.

d) Facilitate copying or reproduction of the referenced documentation.

(e) Allow appropriate sampling or any other type of control or test on products or goods to be produced, distributed, or placed on the market, and on raw materials, additives or materials to be carried out use, in the official control framework.

(f) Facilitate the necessary material and human resources for the development of official control actions.

g) Notify the data necessary for its corresponding registration in the records carried by the management entities that can be established by means of organization and operation of the management entities or by regulatory standard. Where there is no management entity, to notify such data to the Ministry of Agriculture, Food and the Environment.

(h) Communicate the trade labels with the management authority at least 15 days prior to its entry into service. In the event of such a communication, the management authority may submit observations in the event that it has laid down the requirements laid down in Article 17 (4) (h) of this law.

i) Collaborate with management entities and other competent authorities to defend and promote the PDO or PGI and the products covered.

j) contribute financially to the financing of the management entities for the development of the functions that are of their own, as provided for in Articles 18 and 24.

3. Management entities are required to:

a) Provide all the information required by the inspection services.

b) Show all administrative and accounting documentation relating to its management that is deemed necessary by the inspection for the development of its actions.

c) Collaborate with the official control inspection services.

(d) to report to the competent authority any irregularities they have known, and in particular those detected by their internal control.

e) Bring books and records up to date, as well as make statements that you regulate are set.

f) Publish general agreements and decisions.

4. The control bodies are obliged to:

(a) to report to the competent authority the irregularities found in the performance of their control tasks.

b) Collaborate with the competent authority for official control.

(c) Report on the actions taken under the conditions that are regulated, making the actions carried out in compliance with the delegated tasks available to the official control.

d) Inform the operators they control, in development of their certification functions.

e) Bring books and records up to date, as well as make statements that you regulate are set.

CHAPTER VI

Inspection and sanctioning regime

Article 26. General principles.

1. For the purposes of this law, administrative offences shall be considered to be those which are classified in the following articles as minor, serious and very serious.

2. The exercise of the sanctioning power in accordance with this law shall be the responsibility of the Ministry of Agriculture, Food and the Environment, in accordance with the provisions of Chapter II of Title IX of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

3. Where the departments of the Ministry of Agriculture, Food and the Environment in the exercise of their official control functions appreciate that there may be risks to the health of persons, animal and plant health, including the Plant reproduction, the environment or non-compliance with the legislation in the field of commercial quality or consumption, shall transfer the relevant part of the action to the competent authorities.

Article 27. Inspectors as agents of the authority.

1. In the exercise of their supervisory functions, officials carrying out the inspection duties shall be of the agent of the authority, with the effect of Article 137 (3) of Law No 30/1992 of 26 November 1992 on the legal system of the Public Administrations and the Common Administrative Procedure, being able to request the support of any authority, as well as of the state, regional or local security forces and bodies.

2. The inspectors may directly access the holdings, premises, facilities and means of transport, and the administrative, industrial, commercial and accounting documentation of the undertakings they inspect when they consider it necessary in the the course of their actions which, in any case, shall be confidential.

3. The inspectors are strictly obliged to carry out the duty of professional secrecy. Failure to comply with this duty shall be sanctioned in accordance with the provisions of the relevant disciplinary rules of procedure.

Article 28. Inspection report.

1. In the case of inspection, the inspector shall draw up the record of the data relating to the inspected undertaking or holding and the person to whom the inspection is carried out.

2. The minutes shall also contain the evidence found, the measures ordered by the inspector and all the facts relevant to the inspection, in particular those which may have an impact on an eventual sanctioning procedure.

3. The inspection report shall be signed by the inspector and by the holder of the undertaking or holding subject to inspection, or by his legal representative or responsible person and, failing that, by any employee. A copy of the duly identified record shall be left to the inspected. Where the persons referred to above refuse to intervene in the minutes, they shall be authorised by the signature of a witness if possible, without prejudice to the liability for such refusal. The minutes shall be authorized with the signature of the inspector in any case.

4. The minutes drawn up in accordance with the above paragraphs shall be presumed to be certain, without prejudice to the evidence that the persons concerned may be able to provide in defence of their respective rights.

5. Such minutes shall be forwarded to the body responsible for initiating the proceedings, proceedings or appropriate procedures, including, where appropriate, the sanctioning procedure.

Article 29. Precautionary measures.

1. The competent authority may, by means of a reasoned agreement, take any precautionary measures which it considers necessary in relation to the serious and very serious infringements provided for in this law, in order to prevent the effects of the infringement and satisfy the requirements of the general interest.

2. The inspectors may, for reasons of urgency and in order to protect the interests concerned provisionally, be able to immobilize the goods, products, packaging, labels and other elements relating to any of the serious infringements. or very serious provided for in this law, provided that there is a risk of harm to persons, animals or the environment, or may involve fraud or deception to the consumer, stating in the minutes both the object and the reasons for the intervention.

3. The precautionary measures taken by the inspectors shall be confirmed, modified or lifted, within a period not exceeding 15 days, by the competent authority. The precautionary measures will lose their effect if the deadline has passed, no express pronouncement is produced.

4. If a sanctioning procedure is initiated, such precautionary measures shall be confirmed or modified in an express manner by the competent body to resolve the procedure. However, for reasons of urgent urgency, the confirmation or amendment of the said measures may be agreed by the competent authority to initiate the sanctioning procedure or the instructor of the procedure.

5. Where the alleged infringement detected is attributable to a management organisation, or to a control body acting as a product certification body, the competent authority to initiate the sanctioning procedure may agree to the suspension. a precautionary approach to the recognition of the designated management organisation or the delegation of certain tasks within the control body, proposing to the competent authority for its designation or recognition that it establishes the management or control system; control to replace the substance with the sanctioning procedure.

6. In any event, the measures provided for in this Article may be raised or amended, either ex officio or at the request of a party, during the processing of the procedure by reasoned agreement of the authority that resolves. Those measures shall be extinguished with the effectiveness of the administrative decision terminating the relevant procedure.

7. If there are expenditure incurred in respect of the measures taken, the operators, control bodies or management bodies shall be charged, as the case may be.

8. The precautionary measures must be adjusted in intensity, proportionality and needs to the objectives which are intended to ensure, by weighing the interests at stake, by choosing those which are the least detrimental to the freedom of movement of goods, or of other affected rights.

Article 30. Minor infractions.

Are considered minor violations:

(a) The non-filing of records or records or records, the holding of which in the inspected facility is required when required for inspection at inspection, provided that it is considered to be a Occasional default.

(b) inaccuracies or errors of occasional character in the records, accompanying documents, statements or in general in the documentation that is required, when the difference between the quantity entered in the same and the correct one does not exceed five percent of the latter.

(c) The delay in the records of the records, the presentation of declarations and in general the documentation that is required when no more than one month has elapsed since the date on which the first seat was taken not reflected or the deadline for submitting the declaration or documentation, provided that an occasional error or omission is considered.

(d) The lack of communication of any variation affecting the data provided at the time of registration in the official records, where not more than one month has elapsed since the time limit has expired.

e) The incomplete supply to the competent authority or control body, of information or documentation necessary for inspection and control functions.

(f) The expression in a manner other than that indicated in the respective specification or in the specific rules of compulsory or optional indications on the labelling or presentation of the products covered by the law.

g) The application in a manner other than that legally established, except as provided for in serious infringements, of treatments, practices or processes authorized in the manufacture or processing of the products regulated in this law.

(h) The physical transfer of the intervention goods without authorisation from the competent authority, provided that the seals and the goods are not breached from the premises where they were intervened, except Duly justified causes of force majeure.

i) Non-presentation of trade labels to the management entity, when such a function is recognized.

Article 31. Serious infringements.

1. The following are considered serious violations:

(a) The lack of records or records or accompanying documents, statements or, in general, any documentation that is prescriptive, as well as errors, inaccuracies or omissions in them that affect the characteristics of the goods or goods consigned.

(b) inaccuracies or errors of quantity in the records, accompanying documents, declarations, or in general, in the documentation that is required, when the difference between the quantity entered and the actual quantity exceed five percent.

(c) The delay in the records of the records, in the presentation of statements and in general of the documentation that was required when more than one month has elapsed since the date on which the first not reflected or the deadline for submitting the declaration or documentation.

(d) Failure to comply with the obligation to forward information or documentation to the competent authority or control body within the prescribed time limit; the provision of false data as well as the delay and opposition to the taking of samples required for inspection.

e) The lack of labels, the omission in the same of mandatory indications or their marking in a non-indelible form when they are mandatory for those products covered by a PDO or PGI.

(f) The use in the labelling, presentation or advertising of the products covered by this law, of designations, indications, qualifications, expressions or signs that do not comply with the provisions of the specific legislation of the PDO or PGI or cause confusion except as provided for in the very serious infringements.

g) Non-compliance with the specific rules of the PDO or PGI on characteristics, production practices, processing, processing, conservation, storage, transport, labelling, packaging or presentation.

(h) the holding of machinery, facilities or substances prohibited or prohibited in the specification where their authorization is required, for the manufacture or storage of the products, on the premises or warehouses of the production, processing or packaging companies.

i) Manipulation or disposition in any form of goods intervened cautiously without the required authorization.

j) The issue, placing on the market or movement of products covered by a PDO or PGI or its raw materials without bearing the counter-labels, numbered seals or any other means of control established for the type of protection.

k) The production, processing, packaging, labelling or marketing of products covered by a PDO or PGI in establishments, holdings, parcels, installations or industries not registered in the registers of the corresponding PDO or PGI.

(l) The existence of products or raw materials necessary for the production of the product in installations registered without the required documentation which collects its origin as a product covered by the PDO or PGI, or the existence in the the installation of documentation showing stocks of products or raw materials necessary for obtaining them, without the counterpart of these products, with a tolerance of two per cent in more or less, in general, and of the one per cent for Qualified Source Denominations.

m) Failure to comply with the prohibition on the introduction into a PDO or PGI of products from plantations or installations not registered therein, if such a condition is reflected in the product specification conditions.

2. For control bodies acting as product certification bodies and their inspection, testing and certification agents, the following shall constitute serious infringements:

a) The issuance of certificates or reports whose content does not conform to the reality of the facts.

(b) The carrying out of checks, inspections, tests or tests in an incomplete or incomplete form, due to insufficient evidence of the facts or the lack of application of technical standards.

(c) The delay of more than one month, of the information or documentation to which they are required by law.

3. In the case of management entities, the delay exceeding one month in the submission of declarations, information or documents to which they are required by law shall constitute a serious infringement.

Article 32. Very serious infringements.

1. The following are considered very serious violations:

(a) Coercion, threats, injury, retaliation, aggression or any other form of pressure on the persons responsible or their technical team in charge of the functions of inspection or administrative supervision, provided that they do not be constituted of offences or offences.

b) The absolute refusal to exercise the inspector function.

(c) Refusal to provide information, documentation or statements when required by the competent authority or by the control body.

(d) The use, when not entitled to it, of indications, names, trade names, marks, symbols or emblems referring to the names covered by a PDO or PGI, or which, by their phonetic or graphic similarity with the names protected or with the signs or emblems which are characteristic, they may cause confusion as to the nature, quality or geographical origin of the agricultural and food products, even if they are preceded by the words 'type', 'style', 'gender', 'imitation', 'substitute' or other analogues.

e) The use of the protected names in products expressly denied to them, as well as the non-compliance with the provisions of paragraphs 2 and 3 of Article 13.

(f) The improper holding, negotiation or use of documents, labels, counter-labels, pre-tapes and other identification elements of the PDO or PGI referred to in the specification or used in their control.

Exclusively for cases of undue tenure or use of labels, counter-labels, pre-tapes, and other identification elements, a tolerance margin of up to three per cent may be established.

g) The production or production of products covered by a PDO or PGI with raw materials with an origin not authorised in the relevant product specification.

(h) The absence in labels and presentation of the PDO and PGI agri-food products of sufficient elements to clearly differentiate their qualification and provenance, in order to avoid producing confusion in the consumers, derived from the use of the same trade mark, trade name or social reason for the placing on the market of such products for different PDO and PGI or from different geographical areas.

2. For control bodies acting as product certification bodies and their inspection, testing and certification agents, the following shall constitute very serious infringements:

(a) The provisions of Article 31 (2) of this Act where such damage is very serious or a very serious and imminent danger to persons, flora, fauna or the environment.

(b) The lack of provision of data or the provision of false data in the declarations, information or documentation to which they are required by law or have been required by the Administration competent.

3. In the case of management entities, it shall constitute a very serious infringement, the contribution to the competent authority of false data or not, where the declarations have been requested by the competent administration, information or documentation to which they are required by law.

Article 33. Liability for infringements.

1. They shall be responsible for the infringements who, by act or omission, have participated in the infringements, even in the form of simple negligence.

2. Unless the European rules provide for a different regime, infringements in packaged products shall be liable for the signatures or social reasons, including the distributor, which appear on the label, either nominally or by any means. an indication to enable them to be identified. The exception of cases where falsification or poor preservation of the product by the holder is shown provided that the conditions for storage are specified in the labelling.

In addition, the manufacturer, manufacturer or packer who does not appear on the label shall be in charge if it is proved that he knew the offence committed and gave his consent.

In the event that the labels have been falsified, the responsibility will be for the counterfeiter and those who know the falsification to market the products. In the case of poor preservation of the product, the liability shall be the responsibility of the product.

3. For infringements in bulk products, or packaged without a label, or where no signature or social reason is included on the label, the holder shall be responsible, except where the liability of a holder can be identified in a certain manner above, all without prejudice to the liability of the present.

4. Where compliance with the obligations laid down in this law corresponds to several subjects together, or if the infringement is attributable to several and it will not be possible to determine the degree of participation of each of them, they will all respond in solidarity with the non-compliance or the infringements which are committed, as well as the penalties imposed.

5. Of the offences committed by the legal persons, the control bodies acting as a certification body, and the management entities, the administrators or the holders of the management entities shall be liable to the subsidiary not to carry out the infringements. (a) any necessary acts that would be liable for the fulfilment of the obligations infringed, consent to the non-compliance by those who are dependent on them or to take agreements that make the infringements possible.

6. The technicians responsible for the manufacture of the products or their control shall also be liable for the infringements directly related to their professional activity.

7. Without prejudice to the penalties provided for, the persons responsible for the infringements shall be obliged to compensate for the damage and damage which would have been caused by them, which shall be determined by the competent authority to impose such damages. the sanction.

Article 34. Penalties.

1. Minor infringements shall be punishable by a warning or a fine of up to EUR 2,000.00, which may be exceeded until the value of the unlawful benefit obtained or the goods or products which are the subject of the infringement is attained. economic exercise immediately prior to the initiation of the sanctioning procedure.

2. Serious infringements shall be punishable by a fine of between EUR 2,000,01 and EUR 30,000.00, which may be exceeded up to five times the value of the unlawful profit obtained, or of the goods or products which are the subject of infringement, corresponding to the economic year immediately preceding the initiation of the sanctioning procedure.

3. Very serious infringements shall be punishable by a fine of between EUR 30,000,01 and EUR 300 000, which may be exceeded up to the value of the value of the unlawful profit obtained, or of the goods or products which are the subject of infringement, corresponding to the economic year immediately preceding the initiation of the sanctioning procedure.

4. The minimum limits of the penalties laid down in the preceding paragraphs may be reduced by up to fifty per cent, where the financial circumstances of the infringer would lead to the penalty being too onerous for him to apply. the volume or value of the goods affected by the infringement and the volume of sales or production and the position of the infringing undertaking in the sector, there would have been no serious adverse effects on the interests of consumers and not there was recidivism.

5. Where serious infringements are committed by operators covered by a PDO or PGI and affect them, the temporary loss of their use may be imposed as a penalty for a maximum period of three years. In the case of very serious infringements, temporary loss may be imposed as a penalty for a maximum period of five years.

6. The penalties provided for in this law shall be compatible with the loss or withdrawal of economic rights provided for in European or national legislation.

Article 35. Accompanying measures.

Where goods, products, packaging or labels related to the infringement have been used in a cautious manner, the authority to which the sanctioning procedure is to be resolved shall agree to its destination. In any event, the costs incurred shall be borne by the infringer, including the compensation to be paid to the owner of the goods seized when he is not the offender.

Article 36. Graduation of sanctions.

1. For the specific determination of the penalty imposed, among those assigned to each type of infringement, the following criteria shall be taken into account:

a) The existence of intentionality or simple negligence.

b) The concurrency of multiple violations that are sanctioned in the same procedure.

(c) The nature of the damage caused, in particular the detrimental effect that the infringement has been able to produce on the economic interests of consumers, prices, consumption or, where appropriate, the prestige of the PDO or PGI.

(d) The recidivism, by commission within three years of more than one infringement of the same nature where it has been declared by firm resolution.

e) The volume of sales or production and the position of the infringing company in the sector.

f) The recognition of the infringement and the subhealing of the fault or its effects before the corresponding sanctioning procedure is resolved.

g) The volume and value of the goods or products affected by the infringement.

h) The amount of the illicit benefit obtained.

2. The amount of the penalty may be awarded on a reasoned basis where the facts of the infringement are caused, at the same time, by the loss or recovery of the Community or national benefits.

3. Where the amount of the unlawful benefit obtained by the commission of the offences is determined in the instruction of the relevant sanctioning procedure, the penalty imposed in no case may be lower than the amount thereof.

Article 37. Prescription and expiration.

1. Very serious infractions will be prescribed at three years, the serious ones at two years, and the slight ones a year, to count from the date of commission of the infraction.

2. The penalties imposed for very serious infringements shall be imposed at three years; those imposed for serious infringements at two years; and those imposed for minor offences per year, from the day following that in which the person becomes firm. the resolution imposing the sanction.

3. The action to pursue infringements shall lapse where the existence of an infringement and the completion of the proceedings for the clarification of the facts has been completed, one year after the competent authority has been terminated. he has ordered the opening of proceedings in connection with the infringement. In case of expiration of the procedure this section will not be applicable.

For these purposes, when sampling is available, the performance of the inspection shall be deemed to be completed after the initial analysis has been carried out.

Requests for conflicting and conflicting analyses that are necessary will interrupt expiration times until they are practiced.

4. The maximum period for resolving the sanctioning procedure and the notification of the express resolution of the sanctioning procedure for the infringements established in this law shall be ten months.

5. The taking of samples and analyses carried out, as well as the acts, documents and formalities whose content has remained the same as the previous procedure has not expired, may be retained and shall have effects on the new sanctioning procedure.

Article 38. Bodies responsible for sanctioning matters.

The following bodies shall be competent for the imposition of sanctions in respect of the PDO or PGI:

(a) The Director General of the Food Industry, where the total amount of the penalty does not exceed EUR 150,000.00.

(b) The Secretary-General of Agriculture and Food, where the amount exceeds EUR 150,000,01 and does not exceed EUR 500,000.00.

(c) The Minister of Agriculture, Food and the Environment, where the amount exceeds EUR 500,000,01 and does not exceed EUR 1,000,000.00.

(d) The Council of Ministers, where the amount exceeds EUR 1,000,0,01.

Additional disposition first. Public law corporations.

1. The following public law corporations are created:

The Public Law Corporation "Regulatory Board of the Qualified Designation of Origin" Rioja. "

The Public Law Corporation " Regulatory Board of the Protected Designation of Origin '' Cava ''.

The Public Law Corporation " Regulatory Board of the Protected Designation of Origin '' Jumilla ''.

The Public Law Corporation "Regulatory Board of the Protected Designation of Origin" Calasparra ' ".

The Public Law Corporation " Regulatory Board of the Protected Designation of Origin '' Idiazabal ''.

The Corporation for Public Law "Regulatory Board of the Protected Designation of Origin" "Jamon de Huelva ''".

The Public Law Corporation "Regulatory Board of the Protected Designation of Origin" Guijuelo. "

The Corporation for Public Law " Regulatory Board of the Protected Geographical Indication '' Meat of Avila ''.

The Corporation for Public Law " Regulatory Board of the Protected Geographical Indication '' Espárrago de Navarra ''.

2. The conditions and the procedure for the creation of Regulatory Councils as public law corporations other than those created by this additional provision will be established. The resolution of this procedure shall be the responsibility of the holder of the Ministry of Agriculture, Food and the Environment, acting by ministerial order to be published in the "Official Gazette of the State".

3. The governing bodies of the Regulatory Councils that exist at the entry into force of this law shall continue in their duties until the renewal of those governing bodies which shall take place after the approval of the regulated statutes in the present law.

4. All assets, including assets, rights and obligations, as well as the staff of the Regulatory Councils established prior to the entry into force of this law will become part of the Regulatory Councils created in application of the provided in this law, subrogating to all entitlements, assets or liabilities, without any continuity solution.

The provisions of the foregoing paragraph shall not affect the assets and property rights of the General Administration of the State, which shall be governed by the provisions of Law 33/2003 of 3 November of the Public Administrations.

Additional provision second. Indications concerning the characteristics of the wines.

For the purposes of their protection, and without prejudice to the powers which the autonomous communities may have in respect of designations of origin and protected geographical indications, the following indications are laid down: concerning the indications of ageing:

(a) Common indications for wines under a PDO or PGI corresponding to category 1 of Part II of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, the common organisation of the markets in agricultural products is hereby established and Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 shall be

:

"Noble", which may use wines subject to a minimum ageing period of eighteen months in total, in a maximum capacity oak container of 600 litres or in the bottle.

"Anejo", which may use wines subject to a minimum ageing period of 24 months in total, in a maximum capacity oak container of 600 litres or in the bottle.

"Old", which may use wines subjected to a minimum ageing period of thirty-six months, when this ageing has had a markedly oxidative character due to the action of light, oxygen, heat or the set of these factors.

(b) In addition to the indications provided for in the preceding subparagraph, wines with PDO corresponding to category 1 of Part II of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, You can use the following:

"Crianza", which may use red wines with a minimum ageing period of twenty-four months, of which at least six will have remained in oak barrels of maximum capacity of 330 litres; and wines white and rosé with a minimum ageing period of eighteen months, of which at least six months will have remained in oak barrels of the same maximum capacity.

"Reserve", which may use red wines with a minimum ageing period of thirty-six months, of which at least 12 in oak barrels with a maximum capacity of 330 litres, and in the bottle, have been kept the remainder of that period; the white and rosé wines with a minimum ageing period of 24 months, of which at least six in oak barrels of the same maximum capacity have been kept, and in bottle the rest of that period; period.

"Great reserve", which may use red wines with a minimum ageing period of 60 months, of which at least eighteen in oak barrels of maximum capacity of 330 litres have been kept, and in bottle for the remainder of this period; white and rosé wines with a minimum ageing period of forty-eight months, of which at least six in oak barrels of the same maximum capacity will have remained, and in bottle the rest of that period.

c) Indications of quality sparkling wines. They may use the following indications:

"Premium" and "reserve", which will be able to use quality sparkling wines defined in European regulations and sparkling wines with PDO.

"Great reservation", which may use wines with a PDO "Cava", with a minimum period of aging of thirty months counted from the dump to the degruelle.

Additional provision third. Traditional terms.

The following are the traditional terms that indicate that the wine is a PDO or a wine PGI:

"Wine of the earth", which may be included only in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Part II of Annex VII to Regulation (EU) 1308/2013 of 17 December 2013, where it is accepted PGI.

"Quality wine", which may only appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Part II of Annex VII to Regulation (EU) 1308/2013 of 17 December 2013 when it is a PDO. Wines shall be identified by the words 'quality wine of ...', followed by the name of the region, region, locality or place where they are produced and produced.

"Designation of origin", which may only appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Part II of Annex VII to Regulation (EU) 1308/2013 of 17 December 2013, where it is accepted PDO and the following requirements are also met:

a) Wine should enjoy high prestige in commercial traffic in attention to its origin.

(b) The region, region or place to which the designation of origin relates, shall have to be recognised as a geographical area of a quality wine with a geographical indication at least five years before the date of entry into the years.

(c) The geographical delimitation of the PDO shall include exclusively grounds of special competence for the cultivation of the vine.

Qualified designation of origin ', which may only appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Part II of Annex VII to Regulation (EU) No 1308/2013 of 17 December 2013, In addition to the requirements for the holding of 'Designation of Origin', the following shall be met:

(a) The PDO in question must have used the traditional term "designation of origin" in its wines for at least 10 years.

(b) The wines must be marketed exclusively bottled from bodegas registered in the management organ of the PDO and located in their demarcated geographical area.

(c) The analytical and organoleptic tests, included in the annual check on the PDO, shall be carried out in a systematic manner, by homogeneous lots of limited volume.

(d) The wineries registered in the management organ of the PDO, which shall be independent and separate, at least by a public route from other non-registered wineries or premises, shall only have entry of grapes from registered vineyards or musts or wines from other wineries also registered in the same PDO, and shall be produced or bottled exclusively in wine with the right to the same PDO.

(e) Within the production area of the PDO, the land that is considered suitable for producing wines with the right to the designation of qualified origin must be mapped for each municipal term.

"Payment wine", which may be included only in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Part II of Annex VII to Regulation (EU) 1308/2013 of 17 December 2013 when it is a PDO; meet the following requirements in addition:

(a) The geographical area of the PDO must be a payment, understood by such, the place or rural site with specific edaphic and microclimate characteristics that distinguish it and distinguish it from others of its environment, known with a name (a) in the case of wines with special features and qualities and whose maximum extent will be strictly regulated by the competent authorities, in accordance with the provisions of Article 1 (1) of Regulation (EEC) No the characteristics of each Autonomous Community, without it being able to be equal to or greater than that of any of the municipal terms in whose territory or territories, if they are more than one, is located.

It is understood that there is a marked link with the cultivation of the vineyards, when the name of the payment is used in the market in order to identify the wines obtained during a minimum period of five years. years.

(b) The wines must be manufactured and bottled by the natural or legal persons who, by themselves or by their partners, have the ownership of the vineyards located in the payment or with exceptional character and in the cases that The competent authority shall authorize it in a regulated manner, in warehouses located in the vicinity of the payment which, in any case, must be located in one of the municipal terms for which the payment wine is extended or in the adjacent ones.

(c) All grapes for these wines must come from vineyards located in the payment and the wine must be processed, stored and, where appropriate, raised separately from other wines.

d) In the production of the wines of payment a system of integral quality will be introduced, which will be applied from the production of the grape to the placing on the market of the wines. This system shall comply with at least the requirements laid down for Qualified Designation of Origin.

Additional provision fourth. Cava Qualified.

1. Taking into account the specificities of the Protected Designation of Origin Cava, the wine-sector operators who have received the same production of wines covered by vineyards located in an identified area within the area Delimited geographical area, may request, for the product from that site, to make use of the designation "Qualified" in the labelling, presentation and advertising of the product provided that the provisions of the additional provision are met third of this Law for the traditional term "Denomination of Qualified Origin".

The name of this site may be listed below the expression "Cava", together with the term "Qualified", in its condition of "minor geographical unit" of the geographical area of the PDO "Cava".

The specific conditions for the use of this mention will be developed in the specification of the Protected Designation of Origin Cava.

2. The regulation relating to an identified wine-growing site contained in the above point may be extended to the Calified Origin of wines of a supra-regional territorial area.

The specific requirements of such a regulation should be developed in the respective product specification.

Additional provision fifth. Specific European Union legislation.

In any event and as soon as they do not leave areas or margins of assessment to the Member States, they shall apply as a matter of principle to the content of this Law, the European Union Regulations referred to below. together with its future amendments and development regulations as well as how many can subsequently be published by the Union in this field:

Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and by the repeal of Council Regulation (EEC) No 1576/89.

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs.

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, repealing Regulations (EC) No 352/78, (EC) No 352/78, 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 of the Council.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of agricultural markets and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007.

Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of wine products aromatised, and for which Council Regulation (EEC) No 1601/91 is repealed.

Additional provision sixth. Use of the terms referred to organic farming in fertilizers, soil conditioners, nutrients, pesticides and plant protection products.

Terms referring to the organic production method in the labelling, advertising, presentation or commercial documents may only be used in fertilizers, soil conditioners, nutrients, pesticides and plant protection products, where they comply with the requirements laid down in European Union legislation on organic production. In particular, those products and substances are referred to in Annexes I and II to Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the application of Regulation (EC) No 889/2008. Council Regulation (EC) No 834/2007 on the production and labelling of organic products with regard to organic production, their labelling and their control.

For the purposes of the sanctioning procedure, Articles 38.2, 39.2, 39.3, 40.2, 40.3, 40.4 and 42.4 of Title III of Law 24/2003 of 10 July, of Vina and Wine, shall continue to apply in accordance with the provisions of the Point 1 of the single derogation provision.

Additional provision seventh. System of penalties for compulsory declarations and contracts in the milk and milk products sector.

1. The system of penalties for non-compliance with the applicable rules for compulsory declarations in the milk and milk products sector, as derived from Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council Council Decision of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 shall be as laid down in the Position, except in the autonomous communities which have a specific sanctioning regime in which they are the scheme shall apply.

2. The following are minor violations:

(a) Not to file mandatory purchases of cow, sheep and goat milk.

(b) Submit declarations of deliveries of raw cow milk, false, incomplete or inaccurate as to the mandatory content as laid down in the Community and national rules for the application and development of the Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 for buyers not exceeding the annual marketing of 150 million kilograms of raw cow milk.

c) Submit declarations of deliveries of raw milk of sheep or goats, false, incomplete or inaccurate as to the mandatory content as laid down in the Community and national implementing and development rules of the Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 for buyers not exceeding the annual marketing of 15 million kilograms of raw sheep or goat milk.

(d) The delay in the submission of compulsory declarations of raw cow, sheep and goat milk as laid down in the Community and national rules for the application and development of Article 151 of the Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December. For these purposes, the submission of the declaration shall be deemed to be delayed within three days of the end of the legally established period.

e) Do not keep the mandatory documentation of deliveries during the prescribed period.

f) The lack of attention to the requirements formulated by the competent administration.

g) In cow's milk, do not certify the origin or destination of raw milk for buyers who do not reach the annual marketing of one million kilograms of raw milk.

h) In sheep and goat milk, do not document the origin or destination of milk for buyers who do not reach the annual marketing of 100,000 kilograms of raw milk.

3. The following are serious violations:

(a) The placing on the market of raw cow milk without documenting its origin or destination for buyers exceeding the annual marketing of one million kilograms of raw milk.

(b) The placing on the market of raw sheep and goat milk without crediting its origin or destination for buyers exceeding the annual marketing of 100,000 kilograms of raw milk.

(c) Submit declarations of deliveries of raw cow milk, false, incomplete or inaccurate as to the mandatory content as laid down in the Community and national rules for the application and development of the article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December 2013 for buyers exceeding the annual marketing of 150 million kilograms of raw cow milk.

(d) Submit declarations of deliveries of raw milk of sheep or goats, false, incomplete or inaccurate as to the mandatory content as laid down in Community and national implementing and development rules of the Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 for buyers exceeding the annual marketing of 15 million kilograms of raw sheep or goat milk.

e) The repeated delay in the referral of the monthly declarations. For these purposes, the submission of three or more delayed declarations during a calendar year is considered to be delayed.

(f) The resistance, excuse or refusal to the actions of the competent authority relating to the management and control of the declarations to be made by the buyers and producers of milk and milk products from cow, sheep and goat.

4. The following are very serious violations:

a) The concurrency of two or more serious infractions in the same calendar year.

b) Not registered in the register of first buyers of milk.

5. The penalties to be imposed by the competent authority in its field shall be:

a) The minor infractions will be sanctioned with warning or fine of between 200 and 1,000 euros.

b) Serious infractions will be sanctioned with a fine of between 1,001 and 6,000 euros.

c) Very serious infractions will be sanctioned with a fine of between 6,001 and 10,000 euros.

6. Failure to comply with the duty of information in the field of dairy contracts, as set out in Article 16.1 of Royal Decree 1363/2012, both in the absence of communication, as well as by falsehood, inadequacy or inaccuracy, as well as by delay in the (a) shall be equated for the purposes of infringement, absence, or falsehood, or delay, respectively, provided for in the submission of the compulsory declarations, if the same criteria are applied to the sanctioning effects for the purposes of the gradation of gravity as laid down in points 2 to 4 above.

7. Failure to comply with Article 11 (2) of Royal Decree 1363/2012 in relation to the mandatory tender offer, both for the absence of the contract and for the fact that it has been submitted to the producer in a time other than that laid down in the standard as a result of the inadequacy of the minimum content laid down, it shall be equated for the purposes of infringement, in the absence of the submission of the compulsory declarations, if the same criteria for grading are applied to sanctioning effects. of gravity as set out in points 2 to 4 above.

First transient disposition. Adaptation of management entities.

The regulatory councils that are set up as public law corporations in this law will have to forward the proposal of their statutes to the Ministry of Agriculture, Food and Environment within six months from the date of their submission. The entry into force of this Law. For these Regulatory Councils, Article 17 (b) does not apply.

Second transient disposition. Time limit for the exercise of official control powers.

Within twelve months, from the entry into force of this law, the model established in Chapter IV of this law will be fully implemented. During that time, the control regime will be maintained, with the participation of the current Regulatory Councils.

Transitional provision third. The method of calculating the value of the product.

Until the regulatory development governing a method of calculating the value of the goods concerned in a sanctioning procedure occurs, the method of calculation laid down in Article 120 of the Regulation shall apply. Regulation of Law 25/1970, of the Status of Vine, Wine and Spirits, approved by Decree 835/1972 of 23 March.

Transitional disposition fourth. Previous performances.

In that which is not regulated by this law and as long as the regulatory norms on sampling and analysis of samples and on actions prior to the initiation of sanctioning procedures are not promulgated, in that matter, it will be This is the only way to apply, to these exclusive effects, Royal Decree 1945/1983 of 22 June, which regulates infringements and penalties in the field of consumer protection and agri-food protection.

Single repeal provision. Regulatory repeal.

1. The provisions of this law, and in particular Articles 2.2.f); 3 and 9 of Title I, Title II and Articles 38.2, 39.2, 39.3, 40.2, 40.3, 40.4 and 42.4 of Title III, are hereby repealed. as the third, fifth, sixth, eighth and ninth provisions of Law 24/2003, of July 10, of Vine and Wine. The abovementioned Articles of Title III may continue to apply to autonomous communities which have not developed the subject matter covered by these Articles.

Likewise, the precepts of Law 25/1970 of 2 December of the Statute of the Vine, Wine and Spirits, declared in force by the unique derogatory provision of Law 24/2003 of July 10, which are hereby repealed, are hereby repealed. contain rules concerning the Regulatory Councils for agricultural and food products, with a designation of origin, other than wine, wine vinegar, aromatised wines, brandy, must and other products derived from grapes.

2. Decree 835/1972 of 23 March, which is adopted by the Regulation of Law 25/1970 of 2 December, is repealed.

3. The Royal Decree 2004/1979 of 13 July, which regulates the Constitution of the Regulatory Councils of the Denominations of Origin and the General Council of the National Institute of Denominations of Origin, is repealed.

4. Royal Decree 1573/1985 of 1 August 1985 governing the general and specific designations of foodstuffs is hereby repealed.

5. Royal Decree 157/1988 of 22 February 1988 laying down the rules for the adjustment of designations of origin and designations of origin for wines and their respective Regulations is hereby repealed.

6. Royal Decree 728/1988 of 8 July 1988 laying down the rules to which the designations of origin, specific and generic designations of non-wine agri-food products are to be adjusted is hereby repealed.

Final disposition first. Amendment of Article 23 and of the additional first and final provisions of Law 12/2013 of 2 August of measures to improve the functioning of the food chain.

One. The following paragraph is added to Article 23 of the Law:

" 6. Very serious infringements will prescribe at three years, the serious ones at two years and the mild ones a year. The term of the prescription shall be computed from the day on which the offence was committed or, in the case of continued infringements, from which it has ceased. '

Two. Paragraph 5 of the first provision shall be worded as follows:

" 5. The general purpose of the Agency shall be:

(a) The management of the information and control systems of the olive, dairy and other markets to be determined regulatively.

(b) Develop the functions which are regulated by official control prior to the placing on the market of protected designations of origin and protected geographical indications, the territorial scope of which is extend to more than one Autonomous Community.

c) The control of compliance with the provisions of Law 12/2013 of 2 August of measures to improve the functioning of the food chain. "

Three. A new point (j) is added to paragraph 6 of the first provision:

" j) Establish and develop the regime of official control of operators with protected designations of origin or protected geographical indications, whose territorial areas extend to more than one community (a) by initiating and instructing, in accordance with its own procedure, the procedures for penalties for failure to comply with Law 6/2015 of 12 May 2015 on Designations Of Origin and Geographical Indications Protected from the regional superregional level and the authorities the appropriate resolution proposals. "

Four. A new paragraph 15 is added to the first provision:

" 15. Fee for the inspection actions carried out by the Food Control and Information Agency.

a) Establishment. The fee is created for the official inspection and control actions to be carried out by the Food Control and Information Agency in compliance with Law 6/2015 of 12 May, of Designations Of Origin and Protected Geographical Indications (a) a supra-regional territorial scope which shall be governed by the provisions of this law and by the other regulatory sources laid down in Article 9 of Law 8/1989 of 13 April 1989 on Public Prices and Prices.

b) Made Imposable. The taxable fact of this fee is the official inspection and control measures carried out by the Agency in compliance with the provisions of Law 6/2015 of 12 May 2015 of designations of origin and protected geographical indications Supra-regional territorial scope.

c) Passive subjects. Any natural or legal person who is required to submit to the official control actions carried out by the Agency in compliance with Law 6/2015 of 12 May of Designations Of Origin and Geographical Indications shall be taxable persons. Protected areas of supra-regional territorial scope, including producers, operators, management entities or those other than those carrying out activities relating to the differentiated quality governed by that law, already have their own legal personality or lack thereof, as well as the natural or legal persons referred to in paragraph 4 Article 35 of Law 58/2003, of 17 December, General Tax.

d) Devengo. The accrual of the fee shall be the case where the Agency's inspection services are up to the record of the inspections.

e) Imposable Base. The tax base of the levy shall be calculated on the basis of the value of the sales, excluding indirect taxes, of the products or services under control, carried out in the calendar year prior to the start of the inspection.

f) The rate of the rate. The amount of the fee shall be calculated by applying a rate of 0,15% to the tax base. In the case of producers, agents, operators and other entities subject to inspection measures, the amount may not be less than EUR 50 without exceeding EUR 1,500. In the management entities the amount of the fee shall be set at a fixed fee of EUR 1,200 for each inspection.

g) Management and settlement. The Agency shall liquidate the fee, the payment order of which shall be notified to the taxable person in order for his income to be made within the time limits laid down in Article 62 (2) of the General Tax Act. In the absence of this, it will be carried out by its executive collection, in the terms established by the General Rules of Collection. The management of the fee shall be established.

h) Budgetary impact. The amount raised by this fee constitutes an own resource of the Agency and will be entered in its budget. "

Five. The following paragraph is added to the third final provision. Competitive titles:

" Constituency legislation on general finance issued under the provisions of Article 149.1.14. of the Constitution, the provisions of the first provision, paragraph 15.f), of Law 12/2013, of 2 of August, measures to improve the functioning of the food chain. "

Final disposition second. Competitive titles.

1. This law applies in the field of competence of the General Administration of the State in the terms of Article 1, with the exception of the following paragraphs.

2. They constitute basic legislation in the field of bases and coordination of the general planning of economic activity, dictated by the provisions of Article 149.1.13. of the Constitution, Articles 11, 13.6 and the provisions of the Constitution. Second and third additional.

3. They constitute legislation on intellectual and industrial property issued under the provisions of Article 149.1.9. of the Constitution, Articles 2.b), 13.5, 13.7 and 32.1.h).

Final disposition third. Faculty of development.

The Government is authorized to dictate how many provisions are necessary for the application and development of this law.

Final disposition fourth. Entry into force.

This law shall enter into force on the twentieth day of its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 12 May 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY