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Community legislation on designations of origin and geographical indications is essentially contained in three clearly differentiated regulatory bodies, wine products, spirit drinks and all other agricultural and food products which, although separated, have a similar protection regime.

On the one hand, Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs By the Royal Decree 1069/2007 of 27 July 2007 laying down the procedure for the processing of applications for registration in the Community register of protected designations of origin and geographical indications protected and the opposition to them.

, 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 beverages Council Regulation (EEC) No 1576/89 and repealing Council Regulation (EEC) No 1576/89

And finally, in the wine sector, Articles 118a to 118 of Regulation (EC) No 1234/2007 of the Council of 22 October 2007 establishing a common organisation of agricultural markets and establishing a common organization of the market in wine specific provisions for certain agricultural products (Single CMO Regulation), in accordance with the wording given to those Articles by Council Regulation (EC) No 491/2009 of 25 May 2009 incorporating into the the content of the wine CMO adopted by Regulation (EC) No 479/2008, which are dedicated to origin, geographical indications and traditional terms, and applicable from 1 August 2009.

Before, in the context of the previous wine CMO, Council Regulation (EC) No 1493/1999 of 17 May 1999, there was no definition of designation of origin or geographical indication, nor, therefore, a definition of a designation of origin. Community procedure for the registration of the same. The quality policy for wines was based on the figure of the "quality wines produced in a given region-quality wines psr", which had to be completed by the national development standards, with the result that the quality of the wines for each Member State the regulation and approval of specific areas under national legal forms (designation of origin, designation of qualified origin, etc.).

At present, both Council Regulation (EC) No 1234/2007 of 22 October 2007 and Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 contain a regulation on the designations of origin and geographical indications and a procedure for the registration of such designations which are in great similarity to the content of Council Regulation (EC) No 510/2006 of 20 March 2006 on agricultural products and food.

In this way, applications for the protection of designations of origin and geographical indications for those products shall be examined only in accordance with the requirements laid down in the Regulations respectively. cited in the previous paragraph.

It is relevant to the content of Article 118f of Council Regulation (EC) No 1234/2007 of 22 October 2007 that part of a system of Community recognition and containing the guidelines to be followed in the Preliminary national procedure. In the light of the legal effects of Community regulations, it advises, in all its elements and directly applicable in each Member State, that a new regulatory framework should be established to allow for the integration of the procedure for applications for protected designations of origin and protected geographical indications for products which, in accordance with Community provisions, have a Community system for the protection of quality differentiated.

The above Community rules establish, within the procedure for registration in the Community registers of protected designations of origin and geographical indications, a prior stage which must be regulated and carried out by each State. Member, called "national procedure".

This royal decree regulates such a national procedure for designations of origin and indications whose territorial scope exceeds that of an autonomous community, although Articles 9, 15.2, 17.2 and additional provisions First and second will also be applicable to the figures of differentiated quality whose territorial scope is limited to an autonomous community, dependent therefore administratively of the respective autonomic administration.

In addition, the creation of a differentiated quality coordination bureau is envisaged, as a collegiate body of coordination in the exercise of the functions of the competent authorities in respect of differentiated quality linked to a geographical origin or a tradition.

Finally, in addition to the repeal of Royal Decree 1069/2007 of 27 July 2007, Royal Decree 1126/2003 of 5 September 2003 laying down the general rules for the use of geographical indications and the traditional term 'wine of the land' in the designation of wines, the content of which has been replaced by the rules contained in the wine CMO itself and provisions for development. Similarly, Royal Decree 322/2000 of 3 March 2000 amending the amounts laid down in Article 131 (2) of Law 25/1970 of 2 December 1970 of the Staff Regulations of Vina, Wine and Spirits, as it is the case with the repeal of the same by Law 24/2003, of July 10, of the Vina and of the Wine, said royal decree ceased to have legal sustenance, being convenient its express repeal, as well as the Royal Decree 998/2002, of 27 September, for which they are established internal rules for the application of Community regulations on the certification of characteristics specific to agricultural products and foodstuffs.

This royal decree has been submitted to the autonomous communities and representative entities of the sector.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the then Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 30 September 2011,

DISPONGO:

Article 1. Object.

The present royal decree has as its object:

1. Establish the national procedure for the processing of applications for registration in the respective Community registers of designations of origin and geographical indications for agricultural products and foodstuffs, including wine products, and geographical indications for spirit drinks, as well as requests for amendments to the specification of those already entered in those records.

2. To establish the national procedure for opposition to such requests, prior to the referral of the applications to the European Commission.

3. The creation of a differentiated quality coordination bureau, as a collegiate body for the coordination of the competent authorities in the field of differentiated quality.

4. The provisions of paragraphs 1 and 2 shall apply to differentiated quality figures whose territorial scope is extended by more than one autonomous community, without prejudice to Articles 9, 15 (2), 17 (2) and 1). second, which shall also apply to designations of origin and geographical indications whose territorial scope does not exceed that of an autonomous community.

Article 2. Scope.

This royal decree will apply to:

1. The designations of origin and geographical indications referred to in Article 2 of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of products agricultural and food.

2. The designations of origin and geographical indications referred to in Article 118b of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of the agricultural markets and establishing the specific provisions for certain agricultural products (Single CMO Regulation) applied to the product categories referred to in paragraphs 1, 3, 4, 5, 6, 8, 9, 11, 15 and 16 of Annex XIb to that Regulation.

3. The geographical indications referred to in Article 15 of Regulation (EC) No 110/2008 of the Parliament and of the Council of 15 January concerning the definition, description, presentation, labelling and the protection of geographical indications for spirit drinks and for the repeal of Council Regulation (EEC) No 1576/89.

Article 3. Definitions.

For the purposes of this royal decree is understood by:

"Statement of Conditions" means a document in which the conditions to be fulfilled by a product for obtaining the protection granted to designations of origin or geographical indications, containing the elements specified in Article 4.2 of Council Regulation (EC) No 510/2006 of 20 March 2006, or in Article 118a (2) of Council Regulation (EC) No 1234/2007 of 22 October 2007, or in Article 17.4 of Regulation (EC) No 1234/2007. 110/2008 of the European Parliament and of the Council of 15 January 2008, according to the product concerned.

This document is referred to as a 'technical file' in the case of geographical indications for spirit drinks. When the specification is discussed, reference shall be made to the technical file where appropriate.

"Group of operators" means any organisation, whatever its legal form or composition, of producers and/or processors interested in the same agricultural product or foodstuff, including products wine, or spirit drinks, being able to be part of the grouping other interested parties.

Article 4. Applicants.

1. Registration in the relevant Community register or amendment of the specification may be requested by the groups or groups of operators, or in exceptional cases-as provided for in Article 2 of the Regulation (EC) Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the application of Council Regulation (EC) No 479/2008 as regards designations of origin and protected geographical indications traditional terms, labelling and presentation of certain products wine, and in Article 2 of Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules for the application of Regulation (EC) No 510/2006 on the protection of geographical indications and indications designations of origin for agricultural products and foodstuffs, by a single natural or legal person seeking the recognition of a differentiated quality protection figure linked to the geographical origin of any of the products object of this royal decree.

2. Applicants must establish professional, economic and territorial links with the products for which registration is sought, or the amendment of the specification, as a result of their status as producers and/or processors engaged in the activity in question. the territorial scope related to the designation of origin or geographical indication.

Article 5. Form and presentation of the application.

1. The application for registration shall include:

a) The name and address of the requester.

b) Name to protect.

2. Such application for registration or amendment of the specification shall be addressed to the Director-General for Industry and Food Markets of the Ministry of the Environment, and Rural and Marine Environment, and may be present in any of the registers or places referred to in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure or by electronic means in accordance with Law 11/2007, of 22 June, electronic access of citizens to public services.

Article 6. Documentation attached to the request.

The request will be accompanied by the following documentation:

1. A supporting study of the application for registration, with the content set out in the following article.

2. A specification or technical file containing at least the elements specified in Article 4.2 of Council Regulation (EC) No 510/2006 of 20 March 2006 or in Article 118a (2) of Regulation (EC) No 1234/2007 of the Council of 22 October 2007, or in Article 17.4 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008, according to the product concerned.

3. A single document, which shall be a summary of the specification, as referred to in Article 4 of Council Regulation (EC) No 510/2006 of 20 March 2006 and Article 118a (1) of Council Regulation (EC) No 1234/2007, of the October 22, 2007.

4. In the case of an application for amendments to the specification, a version of the specification and the single document shall be included where the proposed changes are indicated.

Article 7. Supporting study of the application.

The supporting study of the application for registration referred to in the previous Article shall cover the name to be protected and shall contain at least the following data:

1. Accreditation of the use and notoriety of the name in relation to the placing on the market of the product.

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

3. Report of the Spanish Patent and Trademark Office (OEPM) and report drawn up on the basis of the registration of the Office for Harmonization in the Internal Market (OHIM), on the existence or otherwise of registered trademarks related to the name of the name of origin or geographical indication.

4. The supporting study shall not be necessary in the case of an application for amendment of the specification, unless the amendment concerns the name to be protected.

Article 8. Checking the requests.

1. It is for the Directorate-General for Industry and Food Markets of the Ministry of the Environment, and the Rural and Marine Environment, in coordination with the autonomous communities concerned, to carry out the checks referred to in Article 5.4 of the Council Regulation (EC) No 510/2006 of 20 March 2006 or Article 118 (3) of Council Regulation (EC) No 1234/2007 of 22 October 2007, as the case may be, for applications for registration, or for other applications for registration, refers to Article 9 of Council Regulation (EC) No 510/2006 of 20 March 2006 or the Article 118 octoths of Council Regulation (EC) No 1234/2007 of 22 October 2007, as the case may be, in the case of requests for amendment or, for either case, the checks deemed appropriate in the case of: spirit drinks.

2. The Directorate-General for Industry and Food Markets of the Ministry of the Environment, and the Rural and Marine Environment, shall forward applications for registration or amendment to the competent bodies of the autonomous communities concerned for their report. within 30 calendar days, to be counted from the receipt of the request of the same, in compliance with the duty of collaboration between public administrations.

3. Once the reports of the competent bodies of the autonomous communities concerned have been received, or after the deadline for issuing them, and after consulting the Bureau provided for in Article 18, the Director-General for Industry and Food Markets Ministry of the Environment, and Rural and Marine Environment will resolve the matter, without this resolution putting an end to the administrative route.

Against such a decision, an appeal may be brought within a period of one month from the day following that of its notification, in accordance with Articles 114 and 115 of Law No 30/1992 of 26 May 1992. November.

4. The above decision shall be taken within six months from the date of the submission of the application.

The lack of resolution for administrative silence will have an adverse effect on the recognition of a good in the public domain.

5. If the resolution is favourable, the opposition procedure shall be initiated. If, on the other hand, it is unfavourable, the group may, where appropriate, submit a new application adapted to the content of the decision.

Article 9. Advertisement of the application.

The competent authority of the Autonomous Community or the Ministry of the Environment, and the Rural and Marine Environment, as the case may be, shall publish in the Official Gazette an announcement of the application for registration or amendment of the contract of the product and, at least on an official website, the product specification and the single product document. The notice published in the "BOE" must include the address of that web page, where these documents will be found.

Article 10. Deadline for the submission of the opposition declarations.

Within two months from the day following the publication of the notice by the Ministry of the Environment, and the Rural and Marine Environment referred to in the previous article, any natural or legal person established or legally resident in Spain, whose legitimate rights or interests it considers to be affected, may object to the requests by means of a duly substantiated statement of opposition addressed to the said Ministry.

Article 11. Causes of opposition.

After verification of the legitimate right or interest, without whose contest the procedure shall be terminated, the statement of opposition shall be estimated only if one of the following cases is given:

(a) To demonstrate that the conditions to be met by the designations of origin and the geographical indications to be considered as such are not met, in accordance with the definitions laid down in Article 2 of the Regulation; (EC) No 510/2006 of 20 March 2006 for agricultural products and foodstuffs, or in Article 118b of Council Regulation (EC) No 1234/2007 of 22 October 2007, for wine products, or in Article 15 of Regulation (EC) No 1234/2007 No 110/2008 of the Parliament and of the Council of 15 January 2008 for spirit drinks.

(b) It is shown that the registration of the proposed name could mislead the consumer by entering into conflict with the name of a plant variety or an animal breed, because there is a total or partial name the name of a trade mark, in accordance with Article 3 (2), (3) and (4) of Council Regulation (EC) No 510/2006 of 20 March 2006; or that it is established that, in accordance with Article 14 of that Regulation, the name of the trade mark Regulation (EC) No 607/2009 of the Commission of 14 July 2009 gives a situation as regards those provided for in the Articles 118 undecies.1, 118 undecies.2, 118 duodecies.2 and 118 quateries.2 of Council Regulation (EC) No 1234/2007 of 22 October 2007 or, as the case may be, those provided for in Articles 19 or 23.3 of Regulation (EC) No 110/2008 of the European Parliament and the Council of 15 January 2008.

(c) For the case of products to which Council Regulation (EC) No 510/2006 of 20 March 2006 applies, it is established that the name registration would endanger the existence of a total denomination or partially homonymous or a registered trademark or the existence of products which have been lawfully marketed for at least the five years preceding the date of publication in the Official Gazette of the State of the application for registration and single document.

(d) It is shown that the name whose registration is requested is generic because it has become the common name of an agricultural product or foodstuff, including wine products, or a spirit drink.

Article 12. Request for reports.

The Ministry of the Environment, and the Rural and Marine Environment will request to inform the autonomous communities affected territorially, that they will issue it within thirty calendar days, to count from the reception of the request of the same.

Article 13. Resolution of the opposition procedure.

1. Once the reports of the competent bodies of the autonomous communities concerned have been received or the deadline for issuing them has elapsed, and after consulting the Bureau for the coordination of the differentiated quality provided for in Article 18, the Director General of Industry and Food Markets of the Ministry of Environment, and Rural and Marine Environment will resolve the opposition procedure, which will not end the administrative route.

2. The decision taken shall be justified in any event and shall be notified to the applicant for the registration or amendment of the specification and to all those who have opposed it.

It will also communicate the same to the affected autonomous communities.

3. The resolution in favour of registration of the designation of origin or geographical indication or the amendment of the specification shall be published in the Official Gazette of the State.

The product specification and the product's unique document will also be published on the website of the Ministry of the Environment, and the Rural and Marine Environment. The resolution published in the "BOE" must include the address of that web page, where these documents will be found.

Article 14. Maximum period of duration of the opposition procedure.

1. The maximum period for resolving the opposition procedure and the notification of the decision shall be six months from the end of the period for the submission of the opposition declarations, the time limit being suspended in the cases provided for. in Article 42 of Law 30/92 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. After the maximum period of time of the opposition procedure has elapsed without the relevant decision being given and notified, the application for registration shall be deemed to be rejected, as it affects the recognition of a public domain good.

Article 15. Transmission of applications to the European Commission.

1. The opposition procedure has been resolved and the favourable resolution published in the "Official Gazette of the State", the Ministry of the Environment, and the Rural and Marine Environment will transmit the application for registration or modification of the specifications to the European Commission, through the established channel. The performance of such transmission shall be communicated to the affected autonomous communities and to the applicant pool.

2. In the case of a designation of origin or geographical indication the territorial scope of which does not exceed that of an autonomous community, the opposition procedure has been resolved and the favourable resolution published by its competent body shall be communicated to the Ministry of the Environment, and Rural and Marine Environment, for the purpose of the transmission of the application for registration or modification of the specification to the European Commission, through the established channel. The implementation of such transmission shall be communicated to the Autonomous Community.

Article 16. Opposition to applications submitted by groups of other Member States or third countries.

1. For the purposes of Article 2 (2) of Council Regulation (EC) No 510/2006 of 20 March 2006, natural or legal persons established or resident in Spain may submit to the Ministry of the Environment, and the Rural and Marine Environment a statement of opposition to applications submitted by a group of other Member States or third countries, within three months of the date of publication of that application in the Official Journal of the European Union, provided for in Article 3 (2) of the Treaty. in Article 6.2 of Council Regulation (EC) No 510/2006 of 20 March 2006.

2. Within the 15 calendar days following the date of receipt of the statements of opposition, the Ministry of the Environment, and the Rural and Marine Environment shall transmit those declarations to the competent bodies of the autonomous communities. affected, in order to ensure that within 15 calendar days of their receipt they submit their comments.

Article 17. Transitional national protection.

1. Once the application for registration of a designation of origin or geographical indication has been transmitted to the European Commission, the Ministry of the Environment, and the Rural and Marine Environment may grant it temporary national protection which shall be responsible for the publication of its specifications in the 'Official State Gazette'.

2. In the case of a designation of origin or geographical indication whose territorial scope does not exceed that of an autonomous community, such concession and publication in the "Official State Gazette" shall be carried out by the competent body of the Community. self-contained.

Article 18. Differentiated quality coordination table.

1. The differentiated quality coordination bureau, attached to the Directorate-General for Industry and Food Markets of the Ministry of the Environment, and the Rural and Marine Environment, is hereby established.

2. It shall act as a coordinating body with the competent authorities of the autonomous communities in respect of designations of origin, geographical indications, and traditional specialities guaranteed by carrying out the functions of advice and coordination entrusted to it and, in particular, with regard to the implementation of this royal decree.

3. The Bureau shall be composed of

following members:

(a) President: the head of the General Secretariat for Differentiated Quality and Ecological Agriculture of the Directorate-General for Industry and Food Markets.

b) Vice-President: an official of the General Subdirectorate of Differentiated Quality and Ecological Agriculture, who will at least occupy the position of Head of Service.

(c) Vocals: a representative for each Autonomous Community and a representative of the European Union Trade Policy Subdirectorate-General of the Ministry of Industry, Tourism and Trade.

(d) Secretary: an official of the General Subdirectorate of Differentiated Quality and Ecological Agriculture, who at least occupies the position of Section Chief.

4. If the subjects to be dealt with affect the competences of the Autonomous Cities of Ceuta and Melilla, a representative for each of them may be added to the Table.

Other officials from the Autonomous Communities, the General Subdirectorate of Differentiated Quality and Ecological Agriculture or other sub-directions of the Ministry of the Environment, and the Rural and Marine Environment will also be able to participate. with voice but no vote.

5. The bureau may approve its own operating rules. In all cases, the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, will apply. The bureau shall meet by a call from its chairman or at least three of its members and at least once a semester.

6. These are the functions of the Differentiated Quality Coordination Bureau:

(a) Report on the application for registration or amendment of the specification for designations of origin or geographical indications and on the objections thereto, where the geographical scope extends to more than an autonomous community. In this case, only the territorially affected autonomous communities will be called.

b) Propose the necessary measures to ensure the coordinated operation of the processing of requests for the protection of differentiated quality figures.

(c) agree on coordinated criteria for the exercise of official control activities prior to the placing on the market of products covered by a differentiated quality protection figure.

d) To carry out the tasks of study and advice that are necessary to adapt the national legislation on differentiated quality to the needs that arise and that contribute to fix the Spanish position in related matters with the subject, before international organizations.

e) Agreed to the constitution of specific working groups.

f) Any other related to the coordination of the management of the differentiated quality protection figures.

7. The costs of compensation for the performance of services arising from the participation of the members of the Bureau in meetings shall be on behalf of their respective administrations.

Additional disposition first. Advertisement of pre-existing denominations.

The specifications of the pre-existing wine names referred to in Article 118 of Regulation (EC) No 1234/2007 of the Council of 22 October 2007 and the technical dossiers for the indications Pre-existing geographical drinks referred to in Article 20 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 shall be published on an official website.

Additional provision second. Traditional terms.

In the case of designations of origin and geographical indications of wines, the traditional terms referred to in Article 118 duovicies.1a of Council Regulation (EC) No 1234/2007 of 22 October 2007 are: 'quality wine with a geographical indication', 'designation of origin', 'qualified designation of origin', 'payment wine', 'qualified payment wine', and 'wine of the land', in accordance with its specific regulation.

As provided for in Article 118 (a) (3) (a) of that Regulation, such traditional terms may be substituted for the labelling of wines, as the case may be, to the words 'Protected designation of origin' or 'Indication'. protected geographical ".

Single transient arrangement. Processing of previous requests.

Applications whose processing has been initiated before the date of entry into force of this royal decree will continue the procedures provided for in Royal Decree 1069/2007 of 27 July, which regulates the procedure for the processing of applications for registration in the Community Register of protected designations of origin and protected geographical indications, and the opposition to them.

Single repeal provision. Regulatory repeal.

The following provisions are repealed:

Royal Decree 1069/2007 of 27 July 2007 regulating the procedure for the processing of applications for registration in the Community Register of protected designations of origin and indications protected geographical areas, and opposition to them.

Royal Decree 1126/2003 of 5 September 2003 laying down general rules for the use of geographical indications and the traditional term "wine of the land" in the designation of wines.

Royal Decree 322/2000 of 3 March amending the amounts set out in Article 131 (2) of Law 25/0970 of 2 December of the Statute of the Vina, Wine and Spirits.

Royal Decree 998/2002 of 27 September 2002 laying down internal rules for the application of Community regulations on the certification of the specific characteristics of agricultural products and foodstuffs.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Constitution, which gives the State exclusive competence on the basis and coordination of the general planning of the activity. economic.

Final disposition second. Development and application faculty.

The Minister of the Environment and the Rural and Marine Environment is empowered to dictate, in the field of their competence, the provisions that are necessary for the development and fulfillment of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on October 3, 2011.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ROSA AGUILAR RIVERO