The
National Institute of Viticulture set forth the conditions to
produce wines with a specific Geographical Indication.
The National Institute of Viticulture (INV) has issued
Resolution No. 19/2012, published in the Official Gazette on May 8,
2012, which repeals Resolution No. 8/2008 and sets forth the
conditions to produce wines with a specific Geographical Indication
(GI).
The main terms of Resolution No. 19/2012 are as follows:
a) The manufacturer and wineries of the grapes to be used, which
manufacture wines with GIs, must first obtain the registration,
protection and the right to use such GIs.
b) For inventory purposes, wines with GI will be grouped
independently from other wines.
c) Registration in the official records of the raw material and
the resulting products will be subject to the following:
Weekly harvest and manufacturing report (Form CEC-01) and
official recordation: the volume of products having GI manufactured
per week will be declared in both registries together with the
other non-GI products, without discrimination.
The final sworn declaration of manufacture (Form CEC-05) will
be made in the ordinary way without discriminating against the
obtained products that have the right to use a GI.
d) Every time an interested party wishes to obtain the analysis
of free circulation, export or the transfer of a determined volume
with GI, must previously certify (Form MV-05) the transfer of the
volume of the GI in question, electronically. Afterwards, the
interested party must identify the product with the corresponding
GI.
e) The transfer of products identified with GI must be done with
the corresponding analysis; otherwise they will not be
accepted.
f) Products with a GI coming from a geographical area smaller
than a department will be excluded from complying with the minimum
alcoholic grade fixed for the period.
g) Wines involving different GIs will determine the loss of the
right to use them in the commercial marketing of the product. In
this case, the product may be identified with a broader GI,
comprising the original ones, and Form MV-05 must be filed.
h) The application for certification of a GI shall only be
submitted by the manufacturer.
i) Wines with GIs sent to the domestic market must be
individually stated in the corresponding section of Form MV-01/C
identifying each GI separately, excepting the products with
provincial GIs.
Failure to comply with the provisions of Resolution No. 19/2012
in the production and/or manufacturing of products with GI or the
infringement of geographical names will be subject to penalties
stated in Law No. 25,163 (Protection of Indications of source,
Geographical Indications and Appellations of origin used in respect
of wines and wine-origin alcoholic beverages).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Specific Questions relating to this article should be addressed directly to the author.
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