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Decree Law No. 61/2020


Publication: Republic Diary No. 160/2020, Series I of 2020-08-18
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 61/2020
  • Pages: 63 - 76

Summary in plain english

What is it?

This decree-law reviews the institutional organization of the wine sector:

It recognizes, protects, and controls the designations of origin (DO) and geographical indications (IG) of wines, vinegars, spirits of wine origin and aromatized wine products.

It establishes the regime for the recognition of interprofessional organisations (OI) in the wine sector and their self-regulation instruments.

What is going to change? The scope of application of DO and IG is extended to the goods and services associated with their name

DO and IG are in the public interest and their designations may not be used unlawfully.

References to, for example, municipalities, rivers, or mountains associated directly or indirectly with the defined area may be used only for the labelling of certified wine products of the respective defined region.

The rules for including labelling particulars associated directly or indirectly with protected names are clarified whenever they may confuse the consumer.

The legal nature of the entities managing the DO or IG is established

DO and IG may take the form of non-profit associations in the agri-food sector, without prejudice to the legal regime specific to managing bodies (EG) which are legal persons governed by public law.

The representation of operators is ensured indirectly, through advisors appointed by various entities, in particular:

    • Professional associations of the wine sector;
    • Producer organisations and cooperatives;

These entities compete for the general board of the managing entity, as representatives of the operators, their associates.

The EGs have the flexibility to define additional rules that must be included in the statutes and their electoral regulations.

They can now choose to continue to accumulate the management and certification functions or to leave certification to another certified body in the sector, through a contract or by constituting a consortium with other DO and IG for this purpose.

The EGs now report annually on the results of their control plans according to a set of common indicators to be defined for all DO and IGs.

A right of opposition is enshrined for anyone who shows a legitimate interest in the DO or IG.

The regime of Interprofessional Organisations (OI) is applied to the wine sector.

The EGs may apply for recognition as OI for the products of their DO and IG.

This recognition is the responsibility of the Institute for Vineyards and Wine (IVV).

The conditions under which an OI may adopt marketing rules to regulate the offer or approve interprofessional agreements, which are subject to extension, are defined
    • The approval of trading rules to regulate the offer is made by qualified majority of two thirds;
    • The approval of interprofessional agreements, subject to extension, is made by qualified majority of three quarters;
The Monitoring Committee for DO and IG is created

This committee is dependent on IVV and its mission is to provide expert support and consultation to the relevant national authorities, through, for example, opinions and studies and the design and implementation of strategy and action plans.

What advantages does it bring?

This decree-law deepens the level of legal protection of designations of origin (DO) and geographical indications (IG) and strengthens self-regulation.

It ensures equal competition between the various designations of origin (DO) and geographical indications (IG).

When does it enter into force?

This decree-law enters into force on 19 August 2020.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.