Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5288
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law.
Spain is characterized as a country with great cultural and historical diversity which is reflected in the recognition of a large number of food quality characteristics due to the geographical area in which have had origin mainly in the form of Denominations Protected Origin (PDO) and protected geographical indications (PGI).
The DOP and IGP can be considered as an element favoring the differentiation of production contributing to increased competitiveness of agrifood industries, primarily through the valorization of these products by consumers, being, at the same time , a structuring tool in the development and sustainability of rural tissues and establishing itself as a sign of promoting the image of Spanish products abroad.
The first legal framework for the protection of Spanish wines dates from 1932, at which time our country was provided the first legal framework in the matter, Wine Statute, by decree of September 8, subsequently raised to Law by that of 26 May 1933 and it was intended solely to wine. Subsequently, the national framework was modified by Law 25/1970, of December 2, of the Statute of Vine, Wine and Spirits, and extended the model to other foods. Finally, Law 24/2003, of July 10, of Vine and Wine, marked the final specific national legislation for wine. Similarly, include the Constitutional Court (STC 112/1995) in which to make a clear division of powers between the Autonomous Communities and the State in this matter, it states that "The state can certainly dictate valid standards, with basic or full character as relevant, where the autonomous communities do not have exclusive jurisdiction. And also you can sort designations of origin covering the territory of several Autonomous Communities, a performance that can logically only make the general organs of the State ".
But regulatory developments in the matter has not been unique to Spain, so that the European Union has put in since the 1990s, progressively and constantly evolving, legal framework covering recognition , protection and control of PDO and PGI from a harmonized approach and common elements to all Member States. This approach to European legislation, where the role of the European Commission has become a key and star, has exceeded the approach set out in national legislation.
Specifically, after the examination carried out by the European Union in regulated voluntary schemes, the best practice guidelines applicable to voluntary certification schemes for agricultural and food products and, above all, Regulation (EU) No .º 1151/2012 of the European Parliament and of the Council of 21 November 2012 on the quality of agricultural and food products regimes have come to establish the legal framework that should be managed both new types of voluntary labeling as the traditional rights of intellectual property linking quality to the geographical origin of products through the figures of the DOP and IGP, giving stability at European level through the precepts mainly of title II of Regulation (EU), these figures today also protected globally by the rules of the World Trade Organization and in particular the TRIPS Agreement (TRIPS) adopted at the Conference of Marrakech, 15 April 1994, which ended the Uruguay Round and created the World Trade Organization itself.
Therefore, given the increasing intensity in regulating the content of these intellectual property rights, especially by the European Union, the fifth additional provision establishes the undisputed prevalence of the European Union law as currently governed or do so in the future aspects, whatever they are, these intellectual property rights while areas or margin of discretion to the Member States.
In defending the common model the involvement of operators, particularly through entities responsible for managing PDO and PGI is required, which must have independent legal personality of the Administration, although a direct relationship collaboration. In this sense, appropriate and necessary collaboration in the management of the protection figure can reach the attribution of public functions in the management entities so that the text creating public corporations is contemplated. In fact in the standard itself nine public corporations for many other regulatory councils at the time of adoption of this law, hold consideration of decentralized administrative bodies and who have expressly requested access to this legal formula are created.
Also, to ensure the smooth operation of the system is not enough recognition, management and defense of the figure of protection should be ensured adequate and accurate information to consumers, as well as 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 of official controls on feed and food.
The new rules established by European rules on official control and specific for PDO and PGI, together with the many changes experienced by the food industry, creating the need to establish a new and unique national regulatory framework. Therefore the object of this law is the establishment of a new legal regime, complementary to the European regulation applicable to the DOP and IGP, whose territory extends to more than one autonomous community and clearly demarcate the functions of its management entities and official control by the competent authority.
In this regulation, the part relating to monitoring compliance with the mandatory requirements for the marketing of products covered character is essential, as is a prerequisite to ensure legal certainty for operators different element, and not to disappoint consumer expectations.
For this purpose the law regulates and develops the powers the law gives within the General State Administration to the Ministry of Agriculture, Food and Environment in relation to agricultural and food products covered by a PDO or PGI in particularly those relating to official controls, without prejudice to the powers they may have other ministerial departments.
Information Agency and Food Control, an autonomous agency of the Ministry of Agriculture, Food and Environment, held official control duties before the marketing of DOP and IGP whose territory extends to more than one autonomous community. To assign these new functions necessary to amend the Law 12/2013, of 2 August, measures to improve the functioning of the food chain, which the CIA and Food Control created in order to give it new purpose and create a rate that is required for the provision of their inspection and control and which enables the European regulations.
Also stated in this law in accordance with the provisions of European regulations, the possibility of delegating specific tasks related to official controls to control bodies that act as product certification bodies, provided that they meet a certain requirements relating mainly to technical competence, objectivity and express authorization of the competent authority.
regarding inspection and sanctioning regime, they have been revised taking into account the case law resulting from the application of Law 24/2003, of July 10, of Vine and Wine. In this regard noted that in paragraph of prescription and limitation, although the principle of expiration of the action set out in Article 18.2 of Royal Decree 1945/1983, of 22 June, is included extending the deadline, will not be specified apply in the case of expired disciplinary procedures to be restarted. Thus the effects of the limitation periods set out in our legal system (Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure) are respected.
The law consists of a total of six chapters.
Chapter I on general provisions establishes the purpose and scope of the law and its aims and the basic definitions necessary for the application thereof.
By Chapter II on cooperation between public authorities, is intended to strengthen the instruments of cooperation between public authorities, from the experiences developed in recent years. Under the principle of voluntariness, it is easy set of actions development, in order to achieve a more efficient use of resources of the control system of PDO and PGI, which will undoubtedly result in improvement the whole industry without providing additional resources.
In particular, this chapter discusses the various assumptions underlying the relationship General State Administration Autonomous Regions is made explicit. It is part of respect for the proper scope of each Administration and formulas relationship arbitrate such as the previous report of the Administration that may be affected by decisions or actions of another administration, cooperation agreements and the constitution, where appropriate, of consortia for the management of common interests, particularly in the field of official control of PDO and PGI and procedures for punishing offenses described in this law.
The collaboration extends particularly sensitive aspects of public performance, such as for the exercise of the inspection function.
As an example of collaboration impulses that govern the law, it is provided that can be created by agreement of the Sectoral Conference on Agriculture and Rural Development, commissions and groups that are necessary for cooperation in the field of DOP and IGP.
Chapter III defines the protection system of PDO and PGI state level. the general principles of the system are defined and affected products are identified in accordance with applicable European regulations. Also, the content and scope of the protection afforded to names protected by being associated with a DOP and IGP, noting that the protection extends from production to all stages of marketing, presentation, advertising, labeling and other documents is regulated trade of the products concerned.
Chapter IV regulates the management entities, called regulatory councils, PDO and PGI whose territory extends to more than one autonomous community, which must have legal personality and have a governing body, where they are represented so equal all economic interests involved in obtaining the product and be authorized by the Ministry of Agriculture, Food and Environment. It is provided by law the possibility of setting up as public corporations to which can be attributed the exercise of certain public functions.
Chapter V regulates general aspects of the control system of PDO and PGI, which provides guarantees for economic operators and consumers. This is laid down explicitly that correspond to the Ministry of Agriculture, Food and Environment verification of compliance with the specification before marketing PDO and PGI whose territory extends to more than one autonomous community. Similarly, in compliance with European regulations, the power to delegate certain control tasks to control bodies that act as product certification bodies is expected.
Finally, Chapter VI regulates inspection and sanctioning regime applicable in the field of competence of the State's control of PDO and PGI, typifying offenses are classified as minor, serious and very serious, and fixing the amount of penalties in each case. They, too, said holders of competition to initiate, process and resolve disciplinary procedures and precautionary measures, if any, can be taken.
On the other hand, the law, while repealing Title II -System protection of the origin and quality of wines- of Law 24/2003, of July 10, of Vine and Wine, as well as other provisions of the same law relating to that substance, since much of its content may be considered incompatible with Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, by the the common organization of agricultural markets and the Regulations (EEC) 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No repealing 1234/2007, the additional provisions in second, third and fourth are maintained with force of law, and basic character, those concerning the characteristics of the wines and regulation of traditional terms wines indications, consistent with provisions of the rules of the European Union on these matters, contained in the indicated regulations and the R (EC) No 607/2009 of 14 July, laying down detailed rules for implementing Regulation (EC) No 479/2008 as regards designations of origin and protected geographical indications, traditional terms, labeling and presentation of certain products.
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, establishing an information procedure in the field of technical standards and regulations, and Royal Decree 1337/1999, of 31 July, by which the submission of information on standards and technical regulations and regulations concerning the services of the information society, incorporating this Directive into Spanish law is regulated .
Article 1. Purpose and scope.
This law aims at establishing the legal regime complementary to those introduced by European Union law, as reflected in the fifth additional provision, which applies to protected designations of origin, hereinafter DOP, and Geographical Indications protected hereinafter IGP; referred to in Article 10 of this Law whose territory extends to more than one autonomous community, hereinafter supra-autonomous territory, with particular attention to official control prior to marketing.
Article 2. Purposes.
The aims of the law as follows:
A) Regular ownership, use, management and protection of PDO and PGI linked to a source whose territory extends over an autonomous community, regardless of the type of protected product and the regime applicable to legal control.
B) Ensuring the protection of PDO and PGI as intellectual property rights by the means provided in this Act and, where appropriate, by those provided by the European Union law as reflected in the fifth additional provision and in the TRIPS Agreement (TRIPS).
C) Protect the rights of producers and consumers, ensuring compliance with the general principle of truthfulness and justification of the information contained in the labeling of products covered by a PDO or PGI whose territory extends more an autonomous community.
D) promote cooperation between the competent public authorities.
Article 3. Definitions.
For the purposes of this Act, the following definitions apply:
A) Specification: regulatory document that establishes the requirements to be met by a product from PDO or PGI, also called "technical dossier" for geographical indications of spirit drinks.
B) Operator: the natural or legal person responsible for ensuring that their products meet the criteria set out in the specification before marketing the product as well as the rest of the provisions of this law.
Cooperation between public authorities
Article 4. Principles of action.
1. In its relations with the autonomous communities, the General State Administration and public bodies linked or dependent adjust their actions to the provisions of Articles 3 and 4 of Law 30/1992 of 26 November on the Legal Regime Public and Common Administrative Procedure Administrations.
2. In any cases in which decisions or actions of the acting administration can affect the powers of other authorities, it must obtain latest report before resolving them.
Article 5. Assumptions affecting more competent authorities.
When are affected territories of several autonomous communities and they must act and the State Administration Administrations concerned may establish the mechanisms for collaboration and coordination as they deem appropriate for the proper exercise of their respective powers, which may provide the designation of a single body for the processing of administrative procedures.
Article 6. Collaboration agreements.
The competent public authorities may conclude cooperation agreements for management and establish a common organization embodied in the manner provided in paragraph 5 of Article 6 of Law 30/1992 of 26 November on the Legal Regime of the Administrations public and Common Administrative Procedure.
The common organization shall assume the functions expressly determine the collaboration agreement and may receive from the competent authorities the task of the powers that are necessary for the best fulfillment of the tasks specific to such administrations, particularly in the field of official control PDO and PGI and procedures for punishing offenses described in this law.
Article 7. Collaboration in the exercise of the inspection function.
Public Administration and public bodies linked or dependent on it shall provide, when requested to do so and in accordance with the rules applicable in each case, the information being prompted by the relevant inspection services, and will provide collaboration necessary.
In terms of inspection and control, the competent public authorities may request the necessary support from any other authority, as well as the Forces of state, regional or local security.
Article 8. Bodies Cooperation protected designations of origin and protected geographical indications.
In accordance with the provisions of Article 5 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure, by agreement of the Sectoral Conference on Agriculture and Rural Development will be create those committees and groups that are necessary for cooperation in the field of PDO and PGI.
The protection of protected designations of origin and protected geographical indications
Article 9. General objectives.
Are general objectives of the PDO and PGI, without prejudice subject to European regulations, as follows:
A) Protect the rights of producers and consumers, ensuring compliance with the general principle of truthfulness and justification of the information contained in the labeling of agricultural products and foodstuffs protected by a PDO or PGI.
B) To ensure the specificity of the agricultural or food product protected by a PDO or PGI and protection, while maintaining its diversity and business reputation.
C) provide operators with a tool for product differentiation, as an additional element to help strengthen fair and effective competition in the sector.
protected designations of origin and protected geographical indications.
Are considered for the purposes of this Act the following DOP and IGP established by the regulations of the European Union:
A) The protected designations of origin and protected geographical indications of wine products.
B) Geographical Indications of spirits.
C) Geographical Indications of aromatized wines, flavored drinks based on wine and aromatised wine-product cocktails.
D) The protected designations of origin and protected geographical indications other agricultural products or food origin.
Article 11. Appellations of Origin and Geographical Indications border.
1. In the case of DOP or IGP whose territory affects the national territory and also to one or more other Member States of the European Union, relations with the competent authority of one or more other Member States shall be the General State Administration through the appropriate channel.
2. collaboration procedures appropriate by the General State Administration and the autonomous communities affected by cross-border geographical indication is articulated.
3. For the adoption of the relevant decisions, the General State Administration shall consult the affected regions.
Article 12. Ownership, use and management of the names protected by a PDO or PGI supra-autonomous territory.
1. Protected names to be associated with a PDO or PGI supraautonómica are state public domain assets that can not be subject to individual appropriation, sale, disposal or encumbrance.
2. You can not deny the use of protected names to any natural or legal person who meets the requirements established for each DOP or IGP, except for sanction of temporary loss of use of the protected name, or any other cause established by law.
Article 13. Protection.
Under the protection afforded by the rules of the European Union:
1. The names protected by being associated with a PDO or PGI may not be used for the designation of other comparable products not covered.
2. The protection will extend from production to all stages of marketing, presentation, advertising, labeling and commercial documents for the products concerned. The protection applies against any misuse, imitation or evocation and implies the prohibition to use any false or misleading indication as to the origin, geographic origin, nature or essential characteristics of the products in the container or packaging, advertising material or documents relating to them.
3. The names that are the subject of a PDO or PGI may not be used in the description, presentation or advertising of products of similar kind or services, which not have been assigned the name and not meeting the requirements this type of protection or designation, although such names will translated into other languages or preceded by words such as "type", "style", "imitation" or similar, or even where the true geographical origin of the product is indicated. Nor expressions such as' produced in ... 'may be used' to manufacture ... "or the like.
4. The object names PDO or PGI may not be used as Internet domain names when the holder has no rights or legitimate interests in the name and used for the promotion or marketing of comparable products not covered by them. For this purpose, the object names PDO or PGI are protected against use in Internet domain names consisting of, containing or evoke such a PDO or PGI.
5. They may not be registered as trademarks, trade names or company names signs that reproduce, imitate or evoke a protected as a PDO or PGI denomination, insofar as they apply to the same products or similar, comparable or that may be considered ingredients or they can take advantage of products the reputation of those.
6. Agricultural and food operators must enter on the labels and presentation of products covered by a PDO or PGI enough to differentiate easily and clear designation or protection type and geographical origin or source elements, and to avoid, in any case the confusion among consumers.
7. It may not require operators of a given PDO or PGI brands use exclusively for the products of such a PDO or PGI. In any case, the description and presentation of products of this operator contain sufficient identifying features to prevent misleading or confusing the consumer is induced.
8. A justified request of the producer group provided for in paragraph 1 of Article 14, can be regulated in the corresponding specifications, protection of geographical names of the sub-regions and municipalities, notably linked to the DOP and IGP, used for marketing of agricultural or food product covered by such figures as long as not contrary to the provisions of the general regulations on food information.
Article 14. Recognition of protected designations of origin and protected geographical indications supra-autonomous territory.
1. Any group of producers of a particular product or a producer may request recognition of PDO or PGI, in the manner and conditions provided in the regulations of the European Union.
2. The national phase procedure established by legislation of the European Union, shall correspond to the Ministry of Agriculture, Food and Environment, in the case of a PDO or PGI whose territory extends to more than one autonomous community. Such a procedure will be developed national regulations.
Article 15. Composition.
The management of one or more PDO or PGI may be performed by a management entity called Regulatory Council, which will be represented operators registered in the records of the PDO or PGI concerned and that must have prior authorization from Ministry of Agriculture, Food and Environment in the terms established by regulation. Such management entity meet at least the following conditions:
A) have legal personality.
B) Have a governing body, where they are represented on an equal basis all economic and sectoral interests involved significantly in obtaining the protected product.
C) Have the necessary means to carry out its functions.
The deadline to resolve by the competent organ of the Ministry of Agriculture, Food and Environment determined by regulation on the application for authorization shall be six months from the filing of the application. During that period without having notified express resolution will allow the interested understand dismissed his application.
Article 16. Functions.
The functions of the management entities, indicative and not exhaustive, the following:
A) The promotion and defense of the protected product and ensure comprehensive protection of the name protected by the PDO or PGI, recording for this purpose the corresponding trademarks, Internet domain names and other industrial property rights that may complement the protection provided by the relevant legislation.
Exercise the judicial or extrajudicial actions at its disposal to defend the name protected by the PDO or PGI against its unlawful use which constitutes an act of unfair competition or other misuse.
B) Proposing amendments to the specification to the Ministry of Agriculture, Food and Environment.
C) Keep records of internal character required by the technical rules of each entity and collaborate with the Ministry of Agriculture, Food and Environment in maintaining records related to PDO or PGI.
D) Collaborate with the Ministry of Agriculture, Food and Environment and bodies of the autonomous communities, in particular in their performances official control.
E) Irrespective of the complaints can be submitted to other administrative authorities or judicial bodies, reporting to the Ministry of Agriculture, Food and Environment practices do not conform to the provisions of the specification and the legal regulations in force related to the scope of this law, regardless of the complaints can be submitted to other administrative authorities or judicial bodies.
F) Rate each vintage or harvest in the PDO or PGI wine.
G) Apply association which require their members, among others, the following:
1st to apply the rules adopted by the management entity regarding: notification of the production, marketing and environmental protection;
2nd To provide the information requested by the management entity for statistical purposes and monitoring of production and marketing;
3.º to undergo the internal control system, if applicable, statutorily established;
4th to respond to breaches of the obligations under the statutes and facilitate monitoring of compliance; and
Grades 5 to submit statements or reports that are required.
The above functions shall be in accordance with national and European regulations, and in no case should be provided or result in conduct contrary to competition incompatible with Articles 101 and 102 of the Treaty on the Functioning of the European Union.
Article 17. Legal regime.
Administration entities may take the form of public corporation with full capacity to fulfill its purposes. For this purpose:
A) They relate to the State Administration for purposes of this law through the Ministry of Agriculture, Food and Environment.
B) Acquire legal personality since its governing bodies are formed.
C) shall be governed by private law. However, its actions must comply with the provisions of this law, the regulations that develop it, to European standards that may apply to their statutes and in the exercise of public functions or powers, administrative law.
D) shall be composed of operators registered in the official records of the PDO or PGI concerned.
E) develop and agree a constitution which must be submitted for administrative approval, the Ministry of Agriculture, Food and Environment and shall include, at least, its purposes and functions, organization, rights and obligations of operators that integrate, economic and financial system, internal control, if any, and disciplinary regime. The Ministry of Agriculture, Food and Environment in advance to refuse them the statutes submitted to opinion of the Council of State.
F) The structure and operation must be democratic. For this purpose it can be understood representation systems based on weighted voting.
G) Carry out any other function, whether established in this law, them has under the law, statutes or result from the specification for the PDO or PGI that are compatible with their nature and the rules valid.
H) In addition to the functions referred to in Article 16 may perform the following to be carried out in accordance with national and European regulations, and in no case should facilitate or lead to behavior contrary to the competition incompatible with articles 101 and 102 of the Treaty on the Functioning of the European Union:
records required by the implementing rules, including records of operators.
2nd adopt, under the terms provided in the Common Agricultural Policy and under the specifications applicable to each PDO or PGI for each campaign conditions, according to defense criteria and quality improvement, ceilings production and processing or authorization of any aspect of annual situation that can influence these processes. Such decisions will be made public so that your access is guaranteed to all concerned and communicated to the Ministry of Agriculture, Food and Environment who, where appropriate, notify the Commission of the measures taken.
3rd issue product certificates or hosted the PDO or PGI at the request of the applicant upon request operator.
4.º establish minimum requirements for the commercial labels and communicated to the Ministry of Agriculture, Food and Environment and will be made public so that your access to all stakeholders is guaranteed.
5th establish the requirements and manage contraetiquetas, seals and other security checked.
6.º Perform such other functions expressly assigned to them by the Ministry of Agriculture, Food and Environment related to PDO and PGI, excluding official control, except as provided in Article 23, concerning the interests protected by the figure of protection.
The resolutions adopted on the exercise of these functions may be challenged in administrative proceedings before the Ministry of Agriculture, Food and Environment.
Article 18. Financing.
Administration entities may require economic operators contributions to finance the costs arising from its rules of organization and operation.
Article 19. Reporting and control.
Administration entities provide to the Ministry of Agriculture, Food and Environment information established by regulation, and subject to its control.
Article 20 Geographical scope.
When the geographical scope of an agro-food interbranch organization match the production area and production of PDO or PGI, and that interbranch organization is regulated under the provisions of Law 38/1994, of December 30, agrifood interbranch organizations, and is also recognized for the same product as the PDO or PGI, and with the same requirement of parity between the different subsectors, may be established at the request of that interbranch organization, the representation in the governing body of the management entity and the composition thereof, is established in the Board of Directors of the Interprofessional Organization.
The control of protected designations of origin and protected geographical indications
Article 21. Self-control.
1. Operators in every stage of production and processing should establish a documented system of automatic control of the operations of the production process carried out under its responsibility, in order to meet the provisions of the relevant specific legislation and ensure compliance with the specifications of the products and any other provision that applies.
2. Traders shall keep the documentation referred to self-control for a minimum period of five years and shall be extended depending on the product life.
3. Management entities may establish, within the framework of internal control, systems-oriented consulting and provide operators with compliance to the specification of a product advice.
Article 22. The official control.
1. The official control of the DOP and IGP premarket consist of verifying compliance with the specifications of a product. It will affect all stages and activities are collected in it, including, where appropriate, production, handling, sorting, processing, processing, preservation, packaging, storage, labeling, presentation and transport.
2. The official control shall also apply to all products and elements involved in the processes that are part of the chain: raw materials, ingredients, intermediate or intermediate products and finished products; technological processes and manufacturing equipment, processing and food processing; the means of preservation and transport; as well as the labeling, presentation and advertising of foods.
3. The official control consist of the inspection of the premises, facilities and operations related to the product covered by the PDO or PGI figure in sampling and analysis, and in the documentary examination. It shall also apply to the verification of the planning and implementation of self-control systems and internal control and their records.
4. The official control shall abide by 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 DOP or IGP will be established after consultation with the management entity.
Article 23. Delegation of official control tasks.
1. The Ministry of Agriculture, Food and Environment may delegate certain control tasks related to verification of compliance with the specification before marketing in one or more control bodies act as bodies for product certification in accordance with the provisions in European legislation on official controls.
2. Control bodies that act as product certification bodies must be accredited in accordance with the UNE-EN ISO / IEC 17065: 2012 or legislation replacing. Meanwhile obtained accreditation, the Ministry of Agriculture, Food and Environment may grant provisional authorizations of twelve months for such organisms.
3. In the event that certification bodies are aware of irregularities during their control work, they will proceed to their complaint before the competent authority.
4. The Ministry of Agriculture, Food and Environment may withdraw or suspend the delegation if the inspection bodies are not properly performing the tasks assigned to them, particularly in cases of committing serious or very serious typified in paragraph 2 of Article 31 and paragraph 2 of Article 32 of this law. It shall withdraw it without delay if the control body fails to take appropriate and timely remedial action.
5. It will be the Ministry of Agriculture, Food and Environment supervising the work of delegated bodies.
Article 24. The internal control of management entities.
1. Management entities may provide in their statutes a system of internal control designed to monitor compliance with the obligations assumed by operators included in the specifications.
2. When the management entity is incorporated as a public corporation reports resulting from the application of the system of internal control, non-compliance of the specifications by any operator may be regarded as a request for initiation of disciplinary proceedings upon request reasoned by another body provided for in Article 69 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure. to this end, the annual program of internal control applied must be approved by the Ministry of Agriculture, Food and Environment.
3. In addition to the provisions of the preceding paragraph, when the management entity is incorporated as a public corporation, the facts relating to breach of contract documents by any operator found by the staff of the structure in charge of internal control shall be presumed certainty and constitute public documentary evidence for the purposes of assessment in the disciplinary proceedings without prejudice to any evidence in defense of their rights or interests can indicate or provide the data subject. For this purpose the structure must be accredited in accordance with the UNE-EN ISO / IEC 17020/2012 and inform the Ministry of Agriculture, Food and Environment regularly and whenever this request, the results of checks carried out . If the results of the controls indicate non-compliance or a suspicion, the structure immediately inform the competent authority.
4. It will be the Ministry of Agriculture, Food and Environment Monitoring of the implementation of 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 revealed that the structure to internal control is not properly performed. It will be removed without delay if the structure in charge of internal control does not take appropriate and timely remedial action.
Article 25. Obligations of operators, management bodies and control bodies.
1. All operators, their management bodies and control bodies to which certain tasks have been delegated shall be obliged to retain documentation prescribed by the applicable regulations in each case under conditions that allow verification and for a minimum five years can be overcome until the end of the useful life of the product.
2. Operators are obliged to:
A) comply with the specification for the PDO or PGI and the necessary standards for its proper implementation.
B) Provide all kinds of information on facilities, products, services or production or processing systems, allowing direct testing under official control.
C) show the recordkeeping, industrial, commercial and accounting relating to its activity deemed necessary for the development of the actions of official control.
D) Facilitate copying or reproduction of this documentation is obtained.
E) Allow the timely sampling or any other type of control or testing on products or goods manufacture, distribute, or market, is practiced and on raw materials, additives or materials used, within the framework official control.
F) Provide the necessary human and material resources at their disposal for the development of the actions of official control.
G) Notify the necessary data for the corresponding entry in the records kept by the management entities that may be established by rules of organization and operation of the management entities or regulatory standard. Where there is no management entity, to report such data to the Ministry of Agriculture, Food and Environment.
H) Communicate commercial labels to the management authority at least fifteen days before putting them into circulation. Before such communication, the management authority may submit comments in having provided the requirements of paragraph 4th letter h) of Article 17 of this Law.
I) Collaborate with management bodies and other relevant authorities to defend and promote the PDO or PGI and the products covered.
J) To contribute financially to the financing of the management entities for the development of the functions that are proper, according to the provisions of Articles 18 and 24.
3. Management entities are required to:
A) Provide all information required by the inspection services.
B) Show all the administrative and accounting documents concerning its management deemed necessary by the inspection for the development of their actions.
C) Collaborate with the inspection services of official control.
D) Report to the competent authority KNEW and irregularities, in particular those detected by internal control.
E) Keep up to date books and records and make statements established by regulation.
F) Publish the agreements and decisions of a general nature.
4. Control bodies are obliged to:
A) Report to the competent authority of the irregularities found in the performance of their tasks control.
B) Collaborate with the competent authority for official control.
C) Report of the actions carried out under the conditions established by regulation, by providing the official control actions carried out in compliance with delegated tasks.
D) Report operators controlling, developing certification of their duties.
E) Keep up to date books and records and make statements established by regulation.
Inspection and penalty system
Article 26. General principles.
1. For the purposes of this Act, shall be considered administrative offenses which are classified in the following items as minor, serious and very serious.
2. The exercise of sanctioning powers in implementing the provisions of this law shall correspond to the Ministry of Agriculture, Food and Environment being as provided in Chapter II of Title IX of Law 30/1992 of 26 November, Regime law of Public Administrations and Common Administrative Procedure.
3. When the services of the Ministry of Agriculture, Food and Environment in the exercise of their official control duties appreciate that there may be risks to the health of people, animal and plant health, including plant propagating material, the environment or failure to comply with the legislation of merchantable quality or consumption, move the corresponding part of the proceedings to the competent authorities.
Article 27. The inspectors as agents of authority.
1. In exercising its control functions, the officials carrying out inspection tasks have the character of agent of the authority, with the purpose of paragraph 3 of Article 137 of Law 30/1992 of 26 November on the Legal Regime Public Administrations and the Common Administrative Procedure, may request support from any authority, as well as the Forces and local state security, regional or.
2. Inspectors have direct access to farms, premises, facilities and transportation, and administrative, industrial, commercial and accounting documentation of enterprises inspected when deemed necessary in the course of their actions, in any case, they have character confidential.
3. Inspectors are required to meet strict duty of professional secrecy mode. The breach of this duty will be punished in accordance with the provisions of regulations appropriate disciplinary regime.
Article 28. Inspection Act.
1. In the performances of inspection, the inspector shall keep minutes in which the relative data consist of the company or inspected exploitation and the person to whom the inspection is performed.
2. The minutes record also those observed evidence, measures had ordered the inspector and all relevant facts for the inspection, especially those that may have an impact on a possible infringement procedure will be made.
3. The inspection report shall be signed by the inspector and the owner of the company or holding subject to inspection, or his legal representative or responsible person and, in the absence thereof, by any employee. copy of the certificate inspected properly identified to be left. When the above-mentioned persons will refuse to intervene in the minutes, it will be authorized with the signature of a witness if possible, subject to demand responsibilities assumed by 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 provisions of the preceding paragraphs shall be presumed certainty, notwithstanding the evidence in defense of their rights can provide the interested parties.
5. It shall be communicated to the competent body to initiate the proceedings, prosecution or appropriate procedures, including, where appropriate, the disciplinary procedure.
Article 29. Precautionary measures.
1. The competent authority, in a reasoned agreement, it may take precautionary measures deemed necessary in relation to the serious and very serious offenses under this law, to avoid maintaining the effects of the infringement and meet the demands of the general interest.
2. Inspectors, for reasons of urgency and to temporarily protect the interests involved, may immobilize a precautionary measure goods, products, packaging, labels, and other services related to any of the indictable offenses under this law elements, provided there a risk of harm to people, animals or the environment, or may involve possible fraud or deceive the consumer, stating on the record both the object and the grounds for intervention.
3. The precautionary measures taken by the inspectors must be confirmed, modified or lifted within a period not exceeding fifteen days by the competent authority. The precautionary measures lose their effect if after that period, not an express statement occurs.
4. If an infringement procedure starts, these precautionary measures must be confirmed or modified expressly by the competent body to resolve the procedure. However, for reasons of urgent priority, confirmation or modification of such measures may be decided by the competent body to initiate disciplinary proceedings or instructor thereof.
5. When the alleged infringement detected was attributable to a management entity, or to a control body acting the competent body as a body product certification, to initiate disciplinary proceedings may order the precautionary suspension of recognition of the indicated entity management or the delegation of certain tasks in the control body, proposing to the competent authority for designation or recognition system established by the management or control to replace him as the disciplinary procedure is substance.
6. In any case the measures provided for in this article may be raised or modified, ex officio or upon request during the proceedings by reasoned opinion of the authority to resolve agreement. Such measures shall be extinguished with the effectiveness of the administrative decision terminating the procedure accordingly.
7. If there are costs incurred in the measures taken, shall be borne, as appropriate, operators, control bodies or management entities.
8. Precautionary measures should be adjusted in intensity, proportionality and needs to ensure objectives to be weighing the interests at stake, choosing the least harm to freedom of movement of goods, company or other rights affected.
Article 30. Minor offenses.
Are considered minor offenses:
A) Failure to submit records or books-registration or documentation, whose tenure at the facilities inspected is mandatory where they are required to control acts of inspection, provided that an omission of a casual nature is considered.
B) inaccuracies or errors amount of occasional basis in the registers, accompanying documents, statements or generally in the documentation that was mandatory when the difference between the amount recorded in the same and the right not exceed five percent of the latter.
C) The delay in the entries in the records, the filing and generally it was mandatory documentation has elapsed when more than one month from the date on which it was performed the first seat not reflected or deadline to file or documentation, provided that an error or omission of a casual nature is considered.
D) The lack of communication of any change affecting the information provided at the time of registration in official records, when you have not been more than a month since the deadline is over.
E) Incomplete to the competent authority or control body of information or documentation necessary for inspection and control functions supply.
F) The expression other than that specified in the respective specifications or in the specific regulations of mandatory or optional in the labeling and presentation of products covered by this law indications way.
G) The application differently than the legally established, except as provided in grave breaches, treatments, practices or approved working or processing of products covered by this law processes.
H) The physical transfer of the goods seized provisionally without authorization of the competent body, provided they are not seals or the goods leave the premises in which they were taken over, unless force majeure duly justified violated.
I) Failure to provide commercial labels to the management entity when it has recognized such a function.
Article 31. Serious offenses.
1. The following are considered serious offenses:
A) The lack of records or books-registration or accompanying documents, statements or in general, any documentation that may be mandatory, as well as errors, inaccuracies or omissions in them affecting the characteristics of the products or consigned goods.
B) inaccuracies or errors amount on record, the accompanying documents, statements, or generally in the documentation that was mandatory when the difference between the recorded and the actual amount exceeds five percent.
C) The delay in the entries in the records, the filing and general documentation has passed out mandatory when more than one month from the date on which it was performed the first seat not reflected or date limit for filing or documentation.
D) Breach of the obligation to submit information or documentation to the competent authority or the control body within the prescribed period; providing false information as well as the delay and opposition to the sampling required for the inspection.
E) Lack of labels, the omission in the same mandatory labeling indications or not indelibly where they may be mandatory for those products covered by a PDO or PGI.
F) The use in the labeling, presentation or advertising of products covered by this law, of names, indications, qualifications, expressions or signs that do not comply with the provisions of the specific regulations of the PDO or PGI or induce confusion except as provided in very serious infringements.
G) Failure to comply with the specific rules of the PDO or PGI on characteristics, production practices, production, processing, preservation, storage, transport, labeling, packaging or presentation.
H) The tenure of machinery, equipment or prohibited or unauthorized substances specifications when mandatory authorization for the manufacture or storage of products on site or warehouses of the producers, processing companies or packaging .
I) handling or disposal in any form of intercepted goods precautionary measure without the required authorization.
J) The issuance, sale or circulation of products covered by a PDO or PGI or raw materials without being provided with the back labels, numbered seals or any other control means established for the corresponding type of protection products.
K) The production, processing, packaging, labeling or marketing of products covered by a PDO or PGI in stores, farms, plots, facilities or not registered in the records of the corresponding PDO or PGI industries.
L) The existence of products or necessary to obtain the product in raw materials registered facilities without the necessary documentation to collect its origin as the product covered by the PDO or PGI, or existence in the installation documentation proving a stocks of products or raw materials needed for their production, without the counterpart of these products, a tolerance of two hundred more or less, in general, and one percent for Appellations of Origin Qualified.
M) Breach of the prohibition of introducing facilities registered in a PDO or PGI products from plantations or non-registered facilities in the same, if such a condition is reflected in the specifications.
2. For the control bodies that act as product certification bodies and inspection agents, testing and certification constitute grave breaches of the following:
A) The issue of certificates or reports whose content does not conform to the reality of the facts.
B) carrying out checks, inspections, tests and trials with incomplete or inaccurate results due to insufficient fact-finding or poor implementation of technical standards.
C) more than one month, information or documentation to which they were bound by law delay.
3. With regard to the management entities, constitute serious offense than a month late submission of declarations, information or documentation they were required by law.
Article 32. Very serious offenses.
1. The following are considered very serious infringements:
A) The coercion, threats, slander, retaliation, assault or any other form of pressure on those responsible or their technical team in charge of the functions of inspection or administrative supervision, provided they do not constitute crimes or offenses.
B) The absolute refusal to exercise of the inspection function.
C) Refusal to provide information, documents or statements when it would have been required to do so by the competent authority or control body.
D) The use, when it is not entitled to it, indications, names, trade names, trademarks, symbols or emblems that refer to names protected by a PDO or PGI, or which by their phonetic similarity or graphic with protected names or signs or emblems that are characteristic, can lead to confusion about the nature, quality or geographical origin of agricultural and food products, although they are preceded by 'type', 'style', 'gender "," imitation "," substitute "or similar.
E) The use of the names protected in products that has been expressly denied, and breach of the provisions in paragraphs 2 and 3 of Article 13.
F) Improper holding, trading or use of documents, labels, back labels, stamps and other elements appropriate identification of the PDO or PGI, referred to in the contract documents or used in their control.
Exclusively for cases of improper possession or use of labels, back labels, stamps and other identification elements may be established a tolerance of a maximum of three per cent.
G) The production or processing of products covered by a PDO or PGI raw materials with unauthorized in the corresponding specifications origin.
H) The absence labels and presentation of food products PDO and PGI sufficient elements to clearly differentiate their grade and origin, in order to avoid creating confusion among consumers, resulting from the use of the same trademark, trade name or company name in the marketing of such products corresponding to different PDO and PGI or from different geographical areas.
2. For the control bodies that act as product certification bodies and inspection agents, testing and certification constitute very serious infringements the following:
A) typified in paragraph 2 of Article 31 of this law when the same result a serious injury or a serious and imminent danger for people, flora, fauna or the environment arises.
B) Lack of supply data or provision of false information in statements, information or documentation they are bound by law or had been required to do so by the competent authority.
3. With regard to the management entities shall constitute very serious infringements, the contribution to the competent authority of false or supply data when it would have been required to do so by the competent authorities, statements, information or documents to which they were bound by law.
Article 33. Responsibility for violations.
1. They will be responsible for infringements by action or omission who had participated in them, even by way of simple negligence.
2. Unless European rules provide a different regime, for any infringements will be responsible packaged goods firms or social reasons, including the distributor listed on the label, either nominally or any indication enabling their certain identification. Where fake or poor maintenance of the product is demonstrated by the holder whenever specified in the labeling storage conditions are excepted.
Also be jointly and severally liable the manufacturer, the manufacturer or packer that is not listed on the label if it is proved that the offense knew and consented.
If they had counterfeit labels, responsibility shall know who the forger and marketed counterfeit products. In the case of poor maintenance of the product, the responsibility will be the cause of it.
3. Of offenses in bulk or packaged without label or if the label does not contain a signature or company name, will be responsible for its holder, except when they can identify in some way the responsibility of a prior holder, without prejudice of the responsibility that corresponds to the current.
4. Where compliance with the obligations under this law corresponds to several subjects together, or if the offense is attributable to several and were not possible to determine the degree of participation of each of them, all will respond severally liable of the breach or breaches in his case they committed and sanctions imposed.
5. Offenses committed by legal persons, the supervisory bodies act as certification body and management entities, in the alternative answer managers or owners thereof not performing the acts necessary that were their responsibility for compliance the violated obligations, consents the failure who depend on or they adopt agreements that make possible violations.
6. They also respond subsidiarily responsible for the technical development of the products or their control over offenses directly related to their professional activity.
7. Without prejudice to the penalties as appropriate, those responsible for violations be required to compensate the damages as a result of them had been caused, to be determined by the competent body to impose the sanction.
Article 34. Sanctions.
1. Minor offenses will be punished with a warning or fine of up to 2,000.00 euros and can be exceeded this amount up to the value of illicit profit obtained or goods or for the year immediately prior to the initiation of the proceeding financial year products infringed sanctions.
2. Serious offenses will be punished with a fine of between 2,000.01 and 30,000.00 euros, this amount may be exceeded up to five times the value of illicit profit made, or goods or for the immediately preceding fiscal year products infringed the initiation of disciplinary proceedings.
3. Very serious infringements will be punished with fine of between 30,000.01 and 300,000 euros, this amount may be exceeded up to ten times the value of illicit profit made or the goods or products infringed, for the immediately preceding financial year ended the initiation of disciplinary proceedings.
4. The minimum limits of the penalties established in the preceding paragraphs, may be reduced by up to fifty percent, when economic circumstances of the offender is deducted that the punishment is too onerous for him under the volume or value of the goods affected by the infringement and the volume of sales or production and the position of the offending company in the sector, would not have produced serious adverse effects to the interests of consumers and there was no recurrence.
5. When serious violations are committed by operators benefiting from PDO or PGI affect them it may be imposed as a further sanction temporary loss of use thereof for a period of three years. If it were very serious infringements may be imposed as a further sanction temporary loss for a maximum period of five years.
6. The penalties provided in this Act shall be consistent with the loss or withdrawal of expected economic rights in European or national legislation.
Article 35. Additional measures.
When goods have intervened precautionary measure, products, packaging or labels relating to infringement sanctioned, the appropriate authority to resolve the disciplinary proceedings shall determine its fate. In any case, the resulting costs borne by the offender, including any compensation payable to the owner of the seized goods when this is not the offender.
Article 36. Graduation of sanctions.
1. For the actual determination of the penalty imposed, including those assigned to each type of infringement, the following criteria will be taken into consideration:
A) The existence of intent or negligence.
B) The concurrence of several offenses are punished in the same procedure.
C) The nature of the damage caused; in particular, the detrimental effect that the infringement may have occurred on the economic interests of consumers, prices, consumption or, where appropriate, the prestige of the DOP or IGP.
D) Recidivism, by commission within three years of more than one offense of the same nature as well and have been declared by a final decision.
E) The volume of sales or production and the position of the offending company in the sector.
F) Recognition of the infringement and remedying the lack or the effects of it before the relevant disciplinary procedure is resolved.
G) The volume and value of the goods or products concerned by the infringement.
H) The amount of illicit benefit obtained.
2. The amount of the penalty may be reduced motivadamente when the facts constituting the infringement sanctioned cause, while loss or reimbursement of Community or national benefits.
3. When the amount of illicit profit made by the commission of the offenses determined in the instruction of the relevant disciplinary procedure, the penalty imposed in no case be less in amount to it.
Article 37. Prescription and expiry.
1. Very serious violations shall lapse after three years, two years severe and mild year, counting from the date of commission of the offense.
2. The penalties imposed for very serious offenses shall lapse after three years; those imposed for serious violations after two years; and those imposed for minor breaches a year, counting from the day following that on which the decision becomes final for which the penalty is imposed.
3. It will expire action to prosecute violations when known by the Administration the existence of an infringement and completed proceedings aimed at clarifying the facts, it would have one year has elapsed without the competent authority had ordered initiate any proceedings relating to the offense. If expiration of the procedure this section shall not apply.
For this purpose, when there sampling, inspection actions shall be construed as practiced completed after the initial analysis.
Contradictory requests and confirmation assessments as may be necessary, interrupt limitation periods until practice.
4. The deadline to resolve the disciplinary proceedings and notify the express resolution of disciplinary proceedings for offenses established in this law shall be ten months.
5. The sampling and analysis carried out, as well as acts, documents and transactions whose content has remained the same for any failure expired the above procedure may be retained and take effect in the new infringement procedure.
Article 38. Competent bodies to impose penalties.
Shall be competent for the imposition of sanctions the following bodies with regard to 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 150,000.01 euros and does not exceed EUR 500,000.00.
C) The Minister of Agriculture, Food and Environment, where the amount exceeds 500,000.01 euros and does not exceed 1,000,000.00 euros.
D) The Council of Ministers, where the amount exceeds 1,000,000.01 euros.
First additional provision. Public corporations.
1. the following public corporations are created:
The Corporation of public law "Regulating Council of the Designation of Origin 'Rioja' ''.
The Corporation of public law "Regulating Council of the Protected Designation of Origin '' Cava '' '.
The Corporation of public law "Regulating Council of the Protected Designation of Origin '' Jumilla '' '.
The Corporation of public law "Regulating Council of the Protected Designation of Origin '' Calasparra '' '.
The Corporation of public law "Regulating Council of the Protected Designation of Origin '' Idiazabal '' '.
The Corporation of public law "Regulating Council of the Protected Designation of Origin 'Jamón de Huelva' ''.
The Corporation of public law "Regulating Council of the Protected Designation of Origin '' Guijuelo '' '.
The Corporation of public law "Regulatory Council of the Protected Geographical Indication 'Carne de Ávila' ''.
The Corporation of public law "Regulatory Council of the Protected Geographical Indication '' Asparagus of Navarra '' '.
2. Regulations shall define the conditions and procedure for the creation of regulatory boards and corporations of various public law which are created by this additional provision is established. The resolution of this procedure for the proprietor of the Ministry of Agriculture, Food and Environment Provisions are created by ministerial order which shall be published in the "Official Gazette".
3. The governing bodies of the Regulatory Councils exist to the entry into force of this Act, shall continue in office until the renewal of such governing bodies that must take place after the approval of the statutes regulated by this law.
4. All assets, including assets, rights and obligations, as well as staff of the Regulatory Councils established before the entry into force of this law will become part of the Regulatory Councils established under the provisions of this law, subrogating all ownerships, assets or liabilities, without interruption.
The provisions of the preceding paragraph shall not affect the property and economic rights of the General State Administration, which shall be governed by the provisions of Law 33/2003, of November 3, the Assets of Public Administrations .
Second additional provision. Indications concerning the characteristics of the wines.
For the purposes of protection, without prejudice to the powers that the autonomous communities may have on designations of origin and protected geographical indications, the following information concerning mentions of aging are established:
A) common indications for wines with a PDO or PGI under Category 1 of Annex VII, Part II of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, by the common organization of the market of agricultural products is created and Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No repealed. No. 1037/2001 and (EC) No 1234/2007:
'Noble', which may use the wines subjected to a minimum aging period of eighteen months in total, in oak container of maximum capacity of 600 liters or in bottle.
"Anejo" which will benefit the wines subjected to a minimum aging period of twenty-four months in total, in oak container of maximum capacity of 600 liters or in bottle.
"Old," which will benefit the wines subjected to a minimum aging period of thirty-six months, when aging has had a markedly oxidative nature due to the action of light, oxygen, heat or of joint of these factors.
B) In addition to the indications covered in the previous paragraph, PDO wines under Category 1 of Annex VII, Part II of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December they may use the following:
'Crianza', they can use red wines with a minimum aging period of twenty-four months, of which at least six have been in oak barrels of maximum capacity of 330 liters; and white and pink wines with a minimum aging period of eighteen months, of which at least six will have been in oak barrels of the same maximum capacity.
'Reserve', they can use red wines with a minimum aging period of thirty-six months, those who have remained at least twelve in oak barrels of maximum capacity of 330 liters, and in bottle the remainder of that period; white and pink wines with a minimum aging period of twenty-four months, of which have remained at least six in oak barrels of the same maximum capacity and in bottle the rest of the period.
"Gran Reserva", which may use red wines with a minimum aging period of sixty months, of which at least eighteen have remained in oak barrels of maximum capacity of 330 liters and in bottle the rest of that period; white and pink wines with a minimum aging period of forty-eight months, of which they must have spent at least six in oak barrels of the same maximum capacity and in bottle the rest of the period.
C) own quality sparkling wines Indications. They may use the following:
"Premium" and "reserve", which may use the quality sparkling wines defined in European legislation and sparkling wines with PDO.
"Gran Reserva" wines that can use PDO 'Cava', with a minimum aging period of thirty months from tirage to disgorgement.
Third additional provision. traditional terms.
Below are regulated traditional terms that indicate that wine is welcomed PDO or PGI wine:
"Regional wine", which may appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, Part II of Regulation (EU) 1308/2013 of 17 December, when hosted an IGP.
"Quality wine", which may appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, Part II of Regulation (EU) 1308/2013 of 17 December, when hosted a PDO. The wines are identified by the words "quality wine ... 'followed by the name of the region, area, locality or place where they are produced and elaborated.
"Designation of origin", which may appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, Part II of Regulation (EU) 1308/2013 of 17 December, when hosted a PDO and the following requirements are also met:
A) The wine should enjoy high prestige in trade due to its origin.
B) The region, area or place to which the designation of origin refers, must have been previously recognized as geographic scope of a quality wine with geographical indication in advance of at least five years.
C) The geographical demarcation of the land exclusively DOP should include special suitability for cultivation of the vine.
'Designation of Origin', which may appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, Part II of Regulation (EU) 1308/2013 of 17 December, when hosted a PDO and the following, in addition to the requirements to hold "Designation of Origin" fulfilled:
A) The PDO in question must be used compulsorily in their wines the traditional term "designation of origin" for at least 10 years.
B) The wine must be marketed exclusively bottled from wineries registered in the management body of the PDO and located in their geographical area.
C) Analytical and organoleptic tests, included in the annual audit on the DOP, should be systematically by homogeneous lot of limited volume.
D) The registered wineries in the management body of the PDO, which shall be independent and separate, at least on a public road or other local wineries not registered, but must have input grapes from vineyards registered or musts or wines from other wineries also registered in the same PDO, and they shall be prepared or bottled wine exclusively entitled to it.
E) Within the area of production of the PDO they must be delimited cartographically, by each municipality, the land deemed suitable to produce wines entitled to the appellation of origin.
'Vino de pago "which may appear in a wine belonging to one of the categories 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex VII, Part II of Regulation (EU) 1308/2013 of 17 December, when hosted a PDO, and also the following requirements are met:
A) The geographical area of the PDO must be a payment, understood as the place or rural site with particular soil characteristics and a microclimate that differentiate it and distinguish of others of their surroundings, known as a linked form name traditional and well known to the cultivation of vineyards from which wines are obtained with singular characteristics and qualities and whose maximum extension are limited by rules established by the competent authority, according to the characteristics of each Autonomous Community features, but may be equal to or greater than none of the municipal terms in whose territory or territories, if they are more than one, it is located.
It is understood that notorious linkage with the culture of the vineyards, when the payment comes name being used regularly in the market to identify wines obtained from it during a minimum period of five years.
B) The wines must be produced and bottled by natural or legal persons who, by themselves or by their partners, bearing the ownership of vineyards in the payment or exceptionally and in the event that the competent authority statutorily authorized in wineries located in the vicinity of payment, in any case, must be located in one of the municipalities for which the payment or wine in the adjoining spread.
C) All the grapes that are destined to these wines must come from vineyards located in the payment and wine must be prepared, stored and, if necessary, be raised separately from other wines.
D) In preparing payment wines comprehensive quality system, which will apply from grape production to the placing on the market of the wines will be implemented. This system must meet at least the requirements for Appellations of Origin Qualified.
Fourth additional provision. Qualified Cava.
1. Meeting the specific needs of Protected Designation of Origin Cava, wine operators benefiting from the same develop protected wines from vineyards located in an identified site located within the defined geographical area may apply for the product from said place, make use of the designation 'Qualified' in the labeling, presentation and advertising thereof provided that it meets the provisions of the third additional provision of this Act for the traditional term 'DOCa'.
The name of the place may appear below the expression 'Cava' with the term "qualified", in his capacity as "smaller 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 for the Protected Designation of Origin Cava.
2. The regulation relating to an identified place wine contained in the previous paragraph may be extended to designations of origin wines Qualified supra-autonomous territory.
The specific requirements of such regulation should be developed in the respective specifications.
Fifth additional provision. EU rules specific.
In any case and as fields or leave no margin of discretion to the Member States shall apply with prevailing character content of this Law, the regulations of the European Union listed below along with any amendments thereto and implementing regulations and those who can subsequently published by the Union in the field:
Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labeling and protection of geographical indications of spirit drinks and which Regulation (EEC) No 1576/89 is repealed.
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, by repealing Regulations (EC) No 352/78, (EC) No 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, on the common organization of agricultural markets and by repealing Regulations (EEC) No .º 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, labeling and protection of geographical indications of aromatised wine products, and by Regulation (EEC) No 1601/91 is repealed.
Sixth additional provision. Use of terms referring to organic farming fertilizers, soil conditioners, nutrients, pesticides and plant protection products.
The terms referring to organic production in labeling, advertising, presentation or commercial documents may only be used in fertilizers, soil conditioners, nutrients, pesticides and plant protection products, they meet the requirements of the rules of the European Union on organic production. In particular, that such products and substances are listed in Annexes I and II of Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for implementing Regulation (EC ) No. 834/2007 of the Council on production and labeling of organic products with regard to organic production, labeling and control.
For the purposes of disciplinary proceedings shall continue to apply Articles 38.2, 39.2, 39.3, 40.2, 40.3, 40.4 and 42.4 of Title III of Law 24/2003, of July 10, of Vine and Wine, of according to the provisions of paragraph 1 of the single repealing provision.
Seventh additional provision. sanctioning regime for compulsory declarations and agreements in the milk and milk products.
1. The system of penalties for breaches of the applicable rules on compulsory declarations in the milk and milk products, under Article 151 of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December 2013, on the common organization of the market of agricultural products is created and Regulations (EEC) No 922/72, (EEC) No 234/79 is repealed, (EC) No 1037/2001 and (EC) No 1234/2007, is set out in Esposición, except in the regions that have specific sanctioning regime in which the scheme will apply.
2. Minor offenses are the following:
A) Failure to submit mandatory declarations of purchases cow's milk, sheep and goats.
B) submit statements of deliveries of raw cow's milk, false, incomplete or inaccurate in terms of mandatory content as set out in Community and national law enforcement and development of Article 151 of Regulation (EU) 1308/2013 the European Parliament and of the Council of 17 December, for buyers who do not exceed the annual sale of 150 million kilograms of raw cow's milk.
C) submit statements of deliveries of raw milk from sheep or goat, false, incomplete or inaccurate in terms of mandatory content as set out in Community and national law enforcement and development of Article 151 of Regulation (EU) 1308 / 2013 of the European Parliament and of the Council of 17 December, for buyers who do not exceed the annual sale of 15 million kilograms of raw sheep's milk or goat.
D) The late submission of mandatory declarations of raw milk from cows, sheep and goats as laid down in Community and national law enforcement and development of Article 151 of Regulation (EU) 1308/2013 Parliament European Parliament and of the Council of 17 December. For these purposes, it is deemed to delay the presentation of the statement more than following the end of the period legally established three days term.
E) Do not store any supporting documentation mandatory deliveries during the prescribed period.
F) The lack of attention to the requests made by the competent authorities.
G) In cow's milk, no documents describing the origin or destination of raw milk to buyers who do not meet the annual market of a million kilograms of raw milk.
H) sheep and goat milk, no documents describing the origin or destination of milk for buyers who do not meet the annual marketing than 100,000 kilograms of raw milk.
3. The following are serious offenses:
A) The marketing of raw cow's milk without documents describing their origin or destination for buyers beyond the annual market of a million kilograms of raw milk.
B) The marketing of raw milk from sheep and goats uncredited their origin or destination for buyers beyond the annual sale of 100,000 kilograms of raw milk.
C) submit statements of deliveries of raw cow's milk, false, incomplete or inaccurate in terms of mandatory content as set out in Community and national law enforcement and development of Article 151 of Regulation (EU) 1308/2013 the European Parliament and of the Council of 17 December, for buyers beyond the annual commercialization of 150 million kilograms of raw cow's milk.
D) submit statements of deliveries of raw milk from sheep or goat, false, incomplete or inaccurate in terms of mandatory content as set out in Community and national law enforcement and development of Article 151 of Regulation (EU) 1308 / 2013 of the European Parliament and of the Council of 17 December, for buyers beyond the annual marketing of 15 million kilograms of raw sheep's milk or goat.
E) The repeated delay in remitting the monthly statements. For this purpose, it is considered delay reiterated the presentation of three or more statements late in a calendar year.
F) resistance, or refusal to excuse the actions of the competent authority for the management and control of declarations to be made by buyers and producers of milk and milk products from cows, sheep and goats.
4. Very serious infringements the following:
A) The concurrence of two or more serious offenses in the same calendar year.
B) not be registered in the registration of first buyers of milk.
5. The sanctions imposed by the competent authority in the relevant area shall be:
A) Minor offenses shall be punished by warning or fine of from 200 to 1,000 euros.
B) Serious offenses will be punished with a fine between 1,001 and 6,000 euros.
C) Very serious infringements will be sanctioned with a fine between 6,001 and 10,000 euros.
6. Breach of the duty of information in the field of dairy contracts, set out in Article 16.1 of Royal Decree 1363/2012, therefore no communication, as falsehood, failure or inaccuracy, as well as delay in itself, be equated for the purposes of infringement, absence, or falsity, or delay, respectively, provided for the submission of mandatory statements, being applicable to the disciplinary effects the same criteria for the gradation of severity that set out in paragraphs 2 to 4 above.
7. Failure to comply with the provisions of Article 11.2 of Royal Decree 1363/2012 regarding the mandatory offer of contract, therefore absence of it as having been made to the producer in term than that established the norm as insufficient content established minimum, shall be treated for the purposes of infringement, the absence of the submission of compulsory declarations, being applicable to the disciplinary effects the same criteria for grading the severity set out in paragraphs 2 to 4 above.
First transitional provision. Adapting management entities.
The Regulatory Councils that are created as public corporations in this Act shall submit the proposed statutes the Ministry of Agriculture, Food and Environment within six months from the entry into force of this law. For these regulatory councils does not apply the letter b) of Article 17.
Second transitional provision. Deadline for the exercise of powers of official control.
Within twelve months from the entry into force of this law, will fully apply the model set out in Chapter IV of this law. During that time, the control system will be maintained, with participation of current regulatory boards.
Third transitory provision. Method of calculating product value.
Until the implementing regulations governing a method of calculating the value of the affected goods in an infringement procedure will not occur, shall apply the calculation method set out in Rule 120 of Law 25/1970, of Statute of Vine, Wine and Spirits, approved by Decree 835/1972 of 23 March.
Fourth transitional provision. Previous performances.
In that not regulated by this law and regulations on both the collection and analysis of samples and prior to the initiation of disciplinary proceedings will not be enacted procedures in this matter, shall apply to these exclusive purposes, Royal Decree 1945/1983, of 22 June, the violations and penalties regarding consumer protection and protection of the food are regulated.
Single derogatory provision. Repeal legislation.
1. Any provisions of equal or lower rank are repealed oppose 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 and the third additional provisions, fifth, sixth, eighth and ninth of Law 24/2003, of July 10, of Vine and Wine. The aforementioned articles of Title III may continue to apply for the regions that have not developed the field covered by these articles.
Also repealed the provisions of Law 25/1970, of December 2, of the Statute of Vine, Wine and Spirits, declared force for the sole repealing provision of Law 24/2003, 10 July, containing rules on the Regulatory Councils of agricultural and food products with designation of origin, other than wine, wine vinegar, aromatized wines, brandy, grape must and other products derived from grapes.
2. Decree 835/1972, of 23 March, approving the Regulation of Law 25/1970, of December 2 repealing approved.
3. Royal Decree 2004/1979, of 13 July, the Constitution of the Regulatory Boards of Appellations of Origin and the General Council of the National Institute of Appellations of Origin repealing regulated.
4. Royal Decree 1573/1985, of 1 August, by which generic and specific names of food products are regulated hereby repealed.
5. Royal Decree 157/1988, of 22 February, which set rules to be respected appellations of origin and designations of origin qualified wine and their respective Regulations is repealed.
6. Royal Decree 728/1988 of 8 July, which set the rules to be respected appellations of origin, specific and generic non-wine agri-food products is repealed.
First final provision. Amendment of Article 23 and the first additional provisions and final third of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain.
One. The following paragraph is added to Article 23 of the Law:
'6. Very serious violations shall lapse after three years, two years serious and slight year. The term of limitation shall be calculated from the day when the offense was committed or, in the case of repeated infringements, from which have ceased. "
Two. Paragraph 5 of the first additional provision, reads as follows:
"5. The general purpose of the Agency shall:
A) The management of information systems and control of olive, dairy markets and from those specified in the regulations.
B) Develop the functions prescribed by regulation official control prior to the marketing of protected designations of origin and protected geographical indications, whose territory extends to more than one region.
C) Control of compliance with the provisions of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain. "
Three. A new letter j) is added to paragraph 6 of the first additional provision:
"J) Establish and develop the system of official control of operators benefiting from protected designation of origin or protected geographical indications whose territorial areas extend to more than one autonomous community, and their respective management entities; initiating and instructing, under its own rules, disciplinary procedures for breaches of the Law 6/2015, of 12 May, of Appellations of Origin and Protected Geographical Indications supra-autonomous territory and the competent authorities formulating the motions that apply. "
Four. A new paragraph 15 to the first additional provision is added:
"15. Fee for the inspection activities carried out by the CIA and Food Control.
A) Establishment. the rate for the actions of official control and inspection to be conducted by Information Agency and Food Control in compliance with Law 6/2015, of 12 May, of Appellations of Origin and Protected Geographical Indications of supra-territorial scope is created that It shall be governed by the provisions of this law and other legal sources provided for in Article 9 of law 8/1989 of 13 April, rate and Public Prices.
B) Taxable Done. The taxable event of this rate the performances of inspection and official control of the Agency pursuant to the provisions of Law 6/2015, of May 12, of designations of origin and protected geographical indications supra-autonomous territory.
C) Taxable person. Shall be liable for any natural or legal person who is required to submit to official control measures developed by the Agency in accordance with Law 6/2015, of 12 May, of Appellations of Origin and Protected Geographical Indications supra-autonomous territory, including producers, operators, agents, entities or those which carry out activities relating to the differentiated quality regulated by this law, and have legal personality or lack of it, as well as natural or legal persons to whom paragraph refers 4 Article 35 of Law 58/2003 of 17 December, General Tax.
D) Accrual. The accrual rate will occur when services Inspection Agency raise record of inspections.
E) Taxable. The tax base rate is calculated based on the value of sales, excluding excise taxes, of goods or services under control performed in the previous calendar year to start the inspection.
F) Amount of fee. The amount of the fee shall be calculated according to the tax base at a rate of 0.15 percent. In the case of producers, agents, operators and other entities subject to inspection activities in any case the amount may be less than 50 euros without exceeding 1,500 euros. Management entities in the amount of the fee will be a fixed amount of 1,200 euros per inspection fee.
G) Management and settlement. The Agency shall pay the fee, the payment order shall be notified to the taxpayer for admission is made within the time limits set out in paragraph 2 of Article 62 of the General Tax Law. Failing that it will proceed to enforced collection, in the terms established by the General Collection Regulations. Management regulations will be established rate.
H) Budget Allocation. The amount collected by this rate an own resource of the Agency and shall be paid into the budget. "
Five. the following paragraph to the final third provision is added. competence titles:
"Constitute legislation General Finance issued under the provisions of Article 149.1.14.ª of the Constitution, the provisions of the first additional provision, paragraph 15.F) of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain. "
Second final provision. competence titles.
1. This law applies in the field of competence of the Central Government under the terms of Article 1, except for the provisions of the following sections.
2. Constitute basic legislation bases and coordination of general planning of economic activity, issued under the provisions of Article 149.1.13 of the Constitution, Articles 11, 13.6, and additional provisions second and third.
3. Constitute legislation on intellectual property issued under the provisions of Article 149.1.9.ª of the Constitution, Articles 2.b), 13.5, 13.7 and 32.1.h).
Final disposition third. Faculty development.
The Government is authorized to issue any provisions that may be necessary for the implementation and development of this law.
Fourth final provision. Entry into force.
This Law shall enter into force on the twentieth day following its publication in the "Official Gazette".
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, May 12, 2015.
The Prime Minister,
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