Order 19 of December of 2000, by that it is approved the Regulation of the Denominations of Origin “Malaga” and “Mountain ranges of Malaga” and its Regulating Advice.
The important changes accused by the producing sector and drug dealer in the last years, as well as the necessity to adapt the present norm to the new dispositions arisen as much at national level as communitarian, did necessary to approve, by means of Order of the Council of Agriculture and Fishing of 24 of June of 1999 (IT MEASURES THE PERIMETER OF nº 79, of 10 of 1999 July) a Regulation of the Denomination of Origin “Malaga” that regulated other not protected types of wine previously.
The traditional red wine elaborations that in the last years have had an important resurgence and the improvement of the productive structures and wine production have given rise to products with prestige in the market that agrees to protect and to regulate suitably.
For that reason and considering the request of the manufacturing wine sector different from those of liquor and naturally sweet, protected traditionally by the Denomination of Origin “Malaga”, the protection of those under the shelter of the Denomination of Origin is considered suitable “Mountain ranges of Malaga”.
Seen the elaborated project standard between the Regulating Council of the Denomination of Origin “Malaga”, in agreement with the established thing in Law 25/1970, of 2 of December, Statute of the Vine, Vino and the Alcohol (BOE nº 292, of 5 of October of 1970), and in their Regulation, approved by Decree 835/1972, of 23 of March (BOE nº 87, of 11 of April of 1972); in Real Decree 157/1988, of 22 of February (BOE nº 47, of 24 of February) by that the norm settles down to that to the denominations of origin and the denominations of origin must adjust described as wines, modified by Real Decree 1906/1995, of 24 of November (BOE nº 302, of 19 of December); and in Regulation (the EEC) 1493/1999 of the Council of 17 of May of 1999 (nº L 179, of 14 of 1999 July) by that the common organization of the wine producing market settles down.
In its virtue, following a proposal by the Chief of a main directorate of Industries and Agro-alimentary Promotion, and in carrying out the faculties that I have conferred,
D I S P OR N G OR
Unique article.
It is approved the Regulation of the Denominations of Origin “Malaga” and “Mountain ranges of Malaga” and its Regulating Advice, whose articulated text appears like Annex to the present Order.
Unique additional disposition.
The present Regulation will be reviewed and adapted of automatic form to the dispositions that can be derived in force from the entrance of the new CMO of the wine.
Unique transitory disposition.
The present Regulating Council of the Denomination of Origin “Malaga” will assume the totality of functions that correspond to the Regulating Council to whom Chapter IX talks about, continuing their present vowels in the performance of the positions until the new Regulating Council is constituted in agreement with which he anticipates article 37 of this Regulation.
Unique abolishing disposition.
It is countermanded the Regulation of the Denomination of Origin “Malaga” and its Regulating Advice, approved by the Order of the Council of Agriculture and Fishing of 24 of June of 1999 (IT MEASURES THE PERIMETER OF nº 79, of 10 of July).
Unique final disposition.
The present Order will in force enter the day following to the one of its publication the Government reporter of the Meeting of Andalusia.
THE AGRICULTURE ADVISOR AND FISHES
Fdo.: Paulino Cánovas Silver.
ANNEX
REGULATION OF THE DENOMINATIONS OF ORIGIN “MALAGA” AND “MOUNTAIN RANGES OF MALAGA “AND ITS REGULATING ADVICE
CHAPTER I
MAJORITIES
Article 1. Protected products.
They are prote'ge's with the Denominations of Origin “Malaga” and “Mountain ranges of Malaga “the wines designated under these geographic denominations that reuniting the characteristics defined in this Regulation have fulfilled in their production, elaboration and if so raising all the requirements demanded in the same and in the effective legislation that is to them of application.
Article 2. Extension of the protection.
1. The afforded protection extends to the name of the denominations, and to the municipal names of the regions, terms, localities and payments that compose the zones of production and aging and raising referred wines.
2. It is prohibited the use, in other wines nonprotected, of names, marks, words, expressions and signs that by its phonetic similarity or graphical with the prote'ge's, can still induce to confusion with which they are object of this Regulation, in case they go preceded of the words “type”, “style”, “stock”, “bottled in”, “with warehouse in”, or other analogs.
Article 3. Competent organs
1. The defense of the denominations of origin, the application of their Regulation, the monitoring of their fulfillment, as well as the promotion and control of the quality of protected wines, is entrusted to the Regulating Council of the Denominations of Origin “Malaga” and “Mountain ranges of Malaga “, to the Council of Agriculture and Fishing of the Meeting of Andalusia and to the Ministry of Agriculture Fishing and Feeding in the scope of their respective competitions.
2. The Regulating Council will elevate to the Council of Agriculture and Fishing of the Meeting of Andalusia the agreements that affect to the duties and rights of the enrolled ones, for his approval.
CHAPTER II OF THE PRODUCTION
Article 4. Zone of production.
1. The zone of production of wines protected by the Denominations of Origin “Malaga” and “Mountain ranges of Malaga “is constituted by lands located in the municipal terms of: Malaga, Tree-lined avenue, Alcaucín, Alfarnate, Alfarnatejo, Carob tree, Alhaurín of the Tower, Almachar, Almargen, Almogia, Alora, Antequera, Archez, Archidona, Sands, Arriate, Atajate, Benadalid, Benamargosa, Benamejí, Benomocarra, Borge, Campillos, Taps of Olive tree, Taps of Albaida, Cártama, Casabermeja, You will marry, Colmenar, Coseas, It is incumbent on, Low Caves, Caves of San Marcos, Cutar, Estepona, Frigiliana, Fuentepiedra, Gaucín, Calvary, Iznate, Macharaviaya, Manilva, Moclinejo, Mollina, Nerja, Palenciana, Periana, Slate, Corner of the Victory, Riogordo, Makes the rounds, Salares, Sayalonga, Sedella, Mountain range of Yegüas, Torremolinos, Torrox, Totalán, Vélez- Malaga, Villanueva de Algaidas, Villanueva of the Rosary, Villanueva de Tapia, Villanueva of Trabuco and Viñuela, that the Regulating Council considers apt for the production of grape of the varieties that are indicated in article 5 with the quality necessary to produce wines of the specific characteristics of the prote'ge's by the Denominations.
2. Within the zone of production of the Denomination of Origin “Mountain ranges of Malaga “will be distinguished, the subsector traditionally designated “Mountainous area of Round “integrated by lands located in the municipal terms of Arriate, Atajate, Benadalid, Gaucín and Ronda.
3. The qualification of lands with the object of its inclusion in the zone of production will realise the Regulating Council having to be delimited in the corresponding cartographic documentation.
Article 5. Apt varieties.
1. Denomination of Origin “Malaga”: The elaboration of protected wines will be realised with grapes of the varieties “But Ximen” (Pedro Ximenez), “Moscatel of Alexandria”, “Moscatel Morisco” (Moscatel of slight grain), “Lairén”, “Doradilla” and “Rome”, of which the “But Ximen” and the “Moscateles” are considered preferred.
2. Denomination of Origin “Mountain ranges of Malaga “: The elaboration of protected wines will be realised with grapes of the following varieties:
- Preferred:
White: “But Ximen” (Pedro Ximenez), “Moscatel of Alexandria”, “Moscatel Morisco” (Moscatel of slight grain), “Chardonnay”, “Macabeo” and “Sauvignon Blanc”
Inks: “Rome”, “Cabernet Sauvignon”, “Merlot”, “Shyrah”, and “Tempranillo”.
- Other varieties:
White: “Lairen” and “Doradilla”.
Inks: “Grenache”, “Cabernet Franc” and “Pinot Noir”.
3. The Regulating Council will be able to propose to the Council of Agriculture and Fishing of the Meeting of Andalusia, that are authorized other varieties that, previous the tests and advisable experiences, verifies itself that they produce musts of quality apt for the protected wine elaboration, determining itself, in each case, the inclusion of the same like main varieties authorized or.
Article 6. Practices of culture.
1. The culture practices will tend to secure the best qualities.
2. The densidad of plantation will be included/understood between 800 and 5,000 stocks by hectare.
3. The formation of the stocks and the accomplishment of the pruning will carry out considering the variety, fertility, used landlord and the agro-environmental characteristics of each operation and with the clear objective to secure a high quality in the productions.
For all the varieties, the formation of the stocks, will be able to take place following the traditional systems, in head or glass, or with systems of conduction with supports in espaliers to one or double cord, beaches and thumb or variants.
The number of yolks seen by stock in all the cases will be at the most of 18. In the Moscatel variety and for the stocks formed in glass, they will at the most leave to five thumbs with three seen yolks each by stock.
For the traditional systems of formation and in those places where the risk of delayed frosts exists, it will be able not to carry out the pruning to the blind person, leaving in this case, the thumbs with two seen yolks, coming, once passed the danger of the frosts, to the elimination of the leftover buds, only leaving one by thumb.
4. Despite the previous thing, the Council of Agriculture and Fishing will be able to authorize the application of new cultural practices, treatments or workings that, constituting an advance in the vine technique, are verified do not affect unfavorably to the quality of the grape or the produced wine, in whose agreements it will give to knowledge to the Council of Agriculture and Fishing of the Meeting of Andalusia.
5. The Regulating Council will be able to authorize the irrigation of the plantations registered, in the campaigns that are determined, and in the conditions that settle down by the own Regulating Council, in accordance with the arranged thing in Regulation (EC) 1493/99 of the Council, of 17 of May.
Article 7. Grape harvest.
1. The grape harvest will be realised with the greater care, dedicating exclusively to the protected wine elaboration the healthy grape with the necessary degree of maturity. In the Denomination of Origin “Malaga” the accomplishment of the “sunning” and “plastering”, in the limits anticipated by Regulation (EC) 1493/99, will take place in agreement with the traditional practices.
2. The alcoholic graduation natural minim of apt products will be of 12% bowl. for the products that take part in the elaboration of wines protected by the Denomination of Origin “Malaga” and of 10% bowl. in wines protected by the Denomination of Origin “Mountain ranges of Malaga”.
3. The Regulating Council will be able to determine the date of initiation of the grape harvest, and to decide norms on the rate harvesting, in order that this one takes place in accordance with the absorptivity of the warehouses, as well as on the transport the vendimiada grape so that the same is realised without deterioration of its quality.
4. In the Mountainous area of Round, the harvesting will manually be realised and in packages with a maximum weight of 30 kg, taking place the transport in the referred packages.
Article 8. Productions and yields of grape.
1. The maximum production admitted by hectare will be of:
- 115 Qm. for the varieties “But Ximén” and “Moscatel” and 120 Qm. for the rest of the white varieties.
- 90 Qm. for the red varieties.
Despite in the “Mountainous area of Round”, the maximum production will be of 90 Qm. for the white and red varieties.
These limits could be modified in certain campaigns by the Regulating Council to own initiative or at the request of the grape growers interested carried out prior to the grape harvest, previous the advisings and verifications that it considers necessary. In case such modification takes place, the same will not be able to surpass 25% you limit of them mentioned.
2. The grape coming from parcels whose yields are superiors to the authorized limit, could not be used in the wine elaboration protected by these denominations, having to adopt the Regulating Council the measures of control necessary to assure the fulfillment this rule.
Article 9. Plantations.
1. For the authorization of land plantations or vineyards located in the zone of production, the report of the Regulating Council for enrolled vines will be mandatory or that are going to register in the corresponding Registry, notwithstanding the competitions assumed by the Council of Agriculture and Fishing of the Meeting of Andalusia.
2. The inscription in the Registry of Vines of the Regulating Council of those mixed plantations will not be admitted that actually do not allow an absolute separation in the grape harvest of the different varieties.
CHAPTER III. OF THE ELABORATION
Article 10. Zone of elaboration.
The zone of elaboration of the Denominations of Origin will agree with the zone of production.
Article 11. Manipulation.
The techniques used in the manipulation of the grape, must and the wine, in the control of the fermentation and the process of elaboration and conservation will tend to obtain products of maximum quality, maintaining the traditional characters of the types of wines protected by the denominations of origin.
Article 12. Productions of musts and wines.
1. The extraction of must and its separation of the residues will be applied to pressures adapted for, so that the yield is not superior to 70 liters of wine by each 100 kilos of grape harvest.
2. The limit of liters of wine by each 100 kilograms of grape harvest could be modified, exceptionally in certain campaigns, by the Regulating Council, own initiative or at the request of the manufacturers interested carried out prior to the grape harvest, previous the pertinent advisings and verifications and always until a maximum of 74 liters.
Article 13. Wine elaboration protected by the Denomination of Origin “Malaga”.
In the wine elaboration protected by the Denomination of Malaga Origin the following products will be able to be used:
1. Wines of liquor: In the elaboration of these wines the following products can take part:
1.1. Wine: The wine could dry, semi-dry or be led, semisweet, and candy. Sweet Vino comes from musts of grapes, or mature or sunned to obtain musts of until 28ºBe, using solely yolk musts, whose fermentation is very slow and incomplete.
Within the sweet wine category it is considered:
a) Masterful wine: It is the wine coming from a very incomplete fermentation, because before it begins it heads must with a 8% of wine alcohol. With this method, the fermentation is very slow and it becomes paralyzed when 15 the alcoholic wealth is of -16%vol., being more than 100 gr/l. of sugars without fermenting.
b) Tender wine: It is the wine partially fermented coming from grape long sunned that gives rise to musts with a total sugar content superior to 350 gr/l. ; must by itself is able to initiate an alcoholic fermentation spontaneously and the wine heads by means of the wine alcohol addition.
c) It came Sweet Natural: It is the obtained must wine coming from the varieties “But Ximén” and/or “Moscatel” with a natural wealth initial sugar minim of 212 grams by liter, and with an alcoholic noninferior to 7% Bowl., coming from the fermentation of these musts and elaborated degree according to the norms enunciated in Regulation (EC) 1493/99, Annex I SAW, letter L, point 5º.
1. 2. In the liquor wine elaboration the following products will be able to be used in addition:
- Boiled must: It is the must of grape concentrate to a third of the initial volume, obtained by means of the action of the direct fire or “bath Maria” and, who is used to give the tones of color characteristic of the wines “Malaga” of liquor. If the boiled must is concentrated as well until 50% of its volume, pantomima is denominated.
- Drunk Wine: It is the mixture to equal parts of wine and wine alcohol used to head; the wine that takes part in the drunk wine must be of the same type that the wine to head.
Also in the elaboration of these wines of liquor, where appropriate, they will be able to be added: Must of grape concentrate; grape must rectified concentrate, must partially fermented of grape sobrematured in the plant or sunned and must extinguished with alcohol. Must elaborated concentrate and must partially fermented from sunny or sobrematured grapes in plant of the variety “Pedro Ximén” will be able to come from this variety of grape of the Montilla-Moriles region according to the arranged thing in R. (CE) 1493/99.
2. It came Naturally Sweet: The elaboration of this wine will be realised from grape sobrematured obtained of the varieties “But Ximén” or “Moscatel”. The wine is obtained, according to local uses, loyal and constant, and comes from musts with an initial natural wealth of more than 300 gr. /l. of sugars, that is to say, without no artificial increase of its graduation and with the alcohol originating in its totality of fermentation. The acquired volumetric alcoholic degree will be like minimum of 13% bowl.
CHAPTER IV. OF THE AGING AND RAISING
Article 14. Aging and raising.
1. The zone of aging and raising of wines protected by the Denominations of Origin “Malaga” and “Mountain ranges of Malaga” will agree with the geographic limits of the mentioned municipal terms in article 4.
2. The aging and raising of wines will take place in wood containers of oak of a maximum capacity of 1000 liters, properly envinadas.
3. The protected wines will age by the static system of “years”. The wines protected by the Denomination of Origin “Malaga” will be able to age by the dynamic system of “prolific and wall-plates”.
4. The period of aging will be the time necessary to secure the organoleptic and oenological qualities of its respective types.
CHAPTER V. CHARACTERISTIC OF WINES PROTECTED BY THE DENOMINATION OF ORIGIN “MALAGA”
Article 15. Types of wines.
1. The wines protected by the Denomination of Origin “Malaga” are classified in:
a) Wines of liquor and among them the Natural Sweet Wines
b) Naturally Sweet wines
The name of a variety, when the wine has elaborated with a 85% of grape of the corresponding variety, deduced will be able to be used, at least, the amount of products used for the possible chaptalisation.
2. Wines of liquor:
It is understood by wine of liquor the obtained one of the varieties “But Ximén” and/or “Moscatel” according to local, loyal and constant uses, and in whose elaboration wine alcohol has been added and with a volumetric alcoholic graduation acquired noninferior to 15% bowl. nor superior to 22% bowl. and an alcoholic degree volumetric total noninferior to 17.5% bowl., except in liquor wines droughts that could be like minimum of 15% bowl.
In the elaboration of these wines musts will be able also to be used concentrates and dry wine of the varieties “Doradilla”, “Lairen” and “Rome”, whenever as a whole they do not represent more of 30% of the total of the end item.
In sweet wines of liquor the sweet wine will take part mainly (over 50%) in its composition whose characteristics are defined in Art. 13, also will contain a 4%, at least, acquired alcohol bowl natural of fermentation.
3. It came Sweet Natural:
Natural Sweet Vino is the wine obtained in the form described in the article 13.1.1 cs).
4. It came Naturally Sweet:
It is the wine obtained in the form described in article 13.2.
Article 16. Denomination of protected wines
1. All the protected wines will be put under aging and they will be denominated:
Denomination and average period of aging:
Malaga, of 6 to 24 months.
Noble Malaga, of 2 to 3 years.
Aged Malaga, of 3 to 5 years.
Malaga Trasañejo, superior to 5 years.
Despite the arranged thing in the previous paragraph, the white wines But Ximén and/or Moscatel, elaborated without addition of boiled must, will be able to dispatch to the consumption without being put under the processes of aging nor of raising, and they will denominate “Pale Malaga”.
2. Taking care of its sugar content protected wines they will be able to be denominated:
The protected Wines could be sweet (when the sugar content is superior to 45 g/l), semicandies (if the sugar content is included/understood between 12 and 45 g/l), semi-dry (when the amount in sugars is included/understood between 4 and 12 g/l) and droughts (amount of sugars 4 inferior to g/l).
3. The traditional mentions with which the wines protected by the Denomination of Origin “Malaga” can be denominated, besides defined previously and the other that they define the characteristics of products, are the following:
“Tear”: It is the wine in whose elaboration the must has only been used that without mechanical pressure some, once stepped on the grape, flows of her. These wines if they are put under an aging of more than 2 years will be able to denominate Lacrimae Christi.
“Pajarete”: It is the liquor wine, or came sweet natural with a total sugar content included between 45gr/l and 140gr/l made without addition of boiled must, submissive aging and of color amber dark amber.
- By the used variety:
“But Ximén or Pedro Ximénez”: They are the wines that come from the variety of grape that gives the name them.
“Moscatel”: They are the wines that come from the variety of grape that gives the name them.
- By its color:
“Gilded or Golden Delicious”: It is the wine of liquor, elaborated without addition of boiled must, natural or naturally sweet candy, submissive aging.
“Red gilded or to Rot gold”: It is the wine of liquor, submissive aging and obtained with addition of up to 5% Bowl., boiled must.
“Oscuro or Brown”: It is the wine of liquor, submissive aging, obtained with addition of until 5 and a 10% of boiled must.
“Color”: It is the wine of liquor, submissive aging and obtained with addition among 10 and 15% of boiled must.
“Negro or Dunkel”: It is the wine of liquor, submissive aging, and obtained with addition of more of a 15% of boiled must.
- By its sugar content
“Sweet Crema or Cream”: It is the liquor wine or it came sweet natural with more from 100g/l of sugar and 140 inferior to gr/l, put under aging and whose tonality of color can vary from amber to dark amber.
“Dry Pale or Pale Dry”: It is the wine of liquor elaborated without addition of boiled must, with a total sugar content nonsuperior to 45 gr/l.
“Pale Cream”: It is the wine of liquor, elaborated without addition of boiled must, came sweet natural or it came naturally sweet, with a total sugar content superior to 45gr/l.
“Sweet”: It is the liquor wine or it came sweet natural with a total content from sugars superior to 140gr/l, put under aging and whose tonality of color can vary from amber to the black.
4. Masterful Wine” and “Tender Wine” are denominated “, the obtained ones in the form described in article 13.
CHAPTER I SAW. CHARACTERISTICS OF WINES OF THE DENOMINATION OF ORIGIN “MOUNTAIN RANGES OF MALAGA”.
Article 17. Characteristics.
1. The wines protected by the Denomination of Origin “Mountain ranges of Malaga”, will have a maximum alcoholic graduation acquired of 15% bowl. and 10% minim bowl. for white wines, of 11% bowl. for rose'e wines and 12% bowl. for red wines.
2 real the volatile acidity of protected wines, expressed in acetic acid, could not be superior to the established thing in article 9,2. of Real Decree 157/88.
3. The wines protected by the Denomination of Origin “Mountain ranges of Malaga” will at the most have a residual sugar content of 12 grs. /l.
4. With regard to the conditions and characteristics that must reunite to the wines protected by the Denomination of Origin “Mountain ranges of Malaga” to deserve the denominations of “Raising”, “Reserve” and” Great Reserve” they will rely on the arranged thing in article 8 of Real Decree 157/88, fulfilling the following norms:
a) Raising: The average period of aging noninferior to two years natural will last, remaining the wine, like minimum, six months in barrel of oak.
b) Reserve: For red wines the period of aging will last minimum of 36 months in barrel of oak and bottle, of which they will remain a minimum of 12 months in oak package.
For rose'e wines and white the period of aging will last minimum of 24 months, of which they will remain as minimum 6 months in barrel of oak.
c) Great Reserve: The red wines will have a raising of 24 months as minimum in followed barrel of oak of 36 months like minimum in bottle.
The white wines and pink will have a raising in package of oak and minimum bottle of 48 months, with a minimum duration of raising in package of oak of six months.
CHAPTER VII. REGISTRIES
Article 18. Registries.
1. By the Regulating Council the following Registries will take:
- Of Vines
- Of Warehouses of Elaboration
- Of Warehouses of Storage
- Of Warehouses of Aging and Raising
- Of Embotelladoras Warehouses or Envasadoras.
2. The inscription requests will go to the Regulating Council, by the holders of the right ones on the goods to that the previous Registries talk about, accompanying the supporting data, documents and that in each case are required by the dispositions and effective norms, in the forms that the Regulating Council prepares.
3. The Regulating Council will deny, in motivated form, the inscriptions that do not adjust to the rules of the Regulation or to the agreements adopted by the Council on complementary conditions of technical character that must reunite to the vines and the warehouses.
4. In the protected wine elaboration the use of Moscatel grapes is authorized coming from plantations of the zone of production, whose inscription will be able to take place in each campaign, and that allows the grape grower to maintain the possibility of destining this variety to other allowed uses, conserving the traditional right of supplying of the elaboration warehouses
5. The inscription in these registries does not exempt to the interested ones of the obligation to register in those registries that with general character are established whose certificates of inscription will have to accompany to the request of inscription in the registries of the Regulating Council.
Article 19. Registry of Vines.
1. In the Registry of Vines they will be able to register, those located in the zone of production, whose grape can be destined to the protected wine elaboration.
2. In the inscription they will appear: The name of the proprietor or if so the one of the colonist, tenant farmer, renter, censatario or any holder of señorío useful, the name of the vine, payment and municipal term in which it is located; variety or varieties of the vineyard, surface in production of each variety and, whichever data are necessary for their classification and location.
3. With the inscription instance a detailed plane or croquis will be accompanied, according to determines the Regulating Council, of the parcels object of which it allows his location.
Article 20. Registry of Warehouses of Elaboration.
1. In the Registry of Warehouses of Elaboration those located in the zone of production in which will register all vinifique grape coming from vines registered, whose produced wines can choose to the Denominations of Origin.
2. In the inscription it will appear: The name or trade name of the company, locality and zone of location, machinery, characteristics, number and capacity of the packages, description of the elaboration system and whichever data is necessary for the perfect identification and cataloguing of the warehouse. In case the manufacturing company is not proprietor of the premises, the name of the proprietor will be pointed out this circumstance indicating. A plane or croquis on advisable scale will be accompanied where they are reflected all the details of construction and facilities.
Article 21. Registry of Warehouses of Storage.
In the Registry of Warehouses of Storage those located in the zone of production will register all that, not having elaboration warehouse, neither of aging, nor of bottled or packaged plant of, exclusively dedicates to the storage and wine commercialization protected by the denominations of origin. In the inscription they will appear the data to that reference in article 20 becomes section 2.
Article 22. Registry of Warehouses of Aging and Raising.
1. In the Registry of Warehouses of Aging and Raising those located in the zone of aging and raising will register that are dedicated to the protected wine elaboration. For his inscription they will have to justify the origin of the embodegado wine, and in the same they will appear the data mentioned in 20 article section 2.
2. The premises or warehouses destined to raising or aging will have to meet the technical requirements that the Regulating Council determines, so that the wine acquires the privative characteristics of wines with Denomination of Origin.
Article 23. Registry of Embotelladoras Warehouses or Envasadoras.
In the Registry of Embotelladoras Warehouses or Envasadoras those located within the zone of production will register that are dedicated to the wine packaging protected by these Denominations of Origin. In the inscription they will appear the data mentioned in article 20.2.
Article 24. Use of the inscriptions.
1. The inscription in the registries is voluntary like the corresponding loss in the same.
2. For the use of the inscriptions in the corresponding Registries he will be indispensable to fulfill at any moment the requirements that the present chapter imposes, having to communicate to the Regulating Council any variation that affects to the data provided in the inscription when this one takes place. Consequently the Regulating Council will be able to suspend or to annul the inscriptions when the holders of the same did not rely on such prescriptions.
3. The Regulating Council will carry out periodic inspection to verify the effectiveness of whatever get ready in the previous paragraph.
CHAPTER VIII. RIGHTS AND OBLIGATIONS
Article 25. Holders of the rights.
1. Only the physical or legal people who have enrolled in the indicated Registries their vineyards or facilities, will be able to produce grapes to the wine elaboration protected by the Denominations of Origin or to elaborate, to raise or to age, or to package wines that there are to be protected by these.
2. The Denominations of Origin to wines coming from warehouses enrolled in the corresponding Registries only can be applied that have been produced, elaborated and aged or bred, where appropriate, according to the norms demanded by this Regulation and that meet the oenological conditions and organoleptic that must characterize them.
3. The right to the use of the denominations in propaganda, publicity, documentation or labels is exclusive of the companies enrolled in the corresponding Registry.
4. By the mere fact of the inscription in the corresponding Registries, the physical or legal people registered are forced to the fulfillment of the obligations of this Regulation and the agreements that within their competitions, dictate to the Council of Agriculture and Fishing of the Meeting of Andalusia and the Regulating Council, as well as to satisfy levyings that correspond to them.
Article 26. Separation of the protected product.
Any enrolled warehouse that has some wine producing product that it on the one hand, meets to the conditions demanded for the obtaining of a wine protected by the Denominations of Origin “Malaga” and/or “Mountain ranges of Malaga “and products that do not respond to these conditions, on the other hand, it will assure wine production, the aging or raising, where appropriate, and the storage, separately, without which the made wine could not be protected by the Denomination of corresponding Origin.
Article 27. Reserve of name.
The physical or legal people enrolled in the Registries of Warehouses will be able to use for the wine games that they send, besides the name or trade name, or in its substitution, the commercial names that they have registered like of his property and whenever they satisfy the following requirements:
a) It To have communicated to the Regulating Council with the proofs who this one demands, making express manifestation of which one takes responsibility of whatever she concerns the use of this wine name protected by the denominations.
b) Not to be used but that by the company/signature applicant.
Article 28. Reserve of marks.
1. The marks, symbols, emblems, advertising legend or any other type of propaganda that is used applied to wines protected by these Denominations of Origin, could not be used nor by the own holders in the commercialization of other wines.
2. The use of names of physical people or trade names in the wine commercialization protected by these Denominations of Origin by those people or organizations that appear enrolled in the Registries of the Regulating Council will not have to be realised, where appropriate, in form that cannot induce to error in the consumer.
Article 29. Particular norms of labelling and packaging.
1. In the packaged wine labels it will necessarily appear, in outstanding form the name of the Denomination of corresponding Origin, besides the mentions of obligatory character that it prescribes the effective legislation that regulates this matter.
2. Before the putting in circulation of labels, these will have to be presented/displayed to the Regulating Council for their approval to the effects that are related to this Regulation. The approval of those labels will be denied that by any cause can give rise to confusion in the consumer, as well as could previously be annulled the authorization of one already granted, when they have varied the circumstances of the propietary company/signature of the same, previous hearing of the interested organization.
3. The wines that are sent to the consumption, will go necessarily, packaged or prepared in the types of packages, according to the communitarian norm, and previously approved by the Regulating Council and will go provided of you seal of guarantee, or contraetiquetas numbered or similar system, sent and controlled by the mentioned Council, that will have to be placed in the own warehouse and in agreement with the norms that one always determines and so that it does not allow one second use.
In bulk protected wine sale will be realised in its definitive packages that will have to take seals, seals or certificates of guarantee, in the form that determines the Regulating Council.
In order to guarantee the suitable use of the denomination of origin of the wines that are sent in bulk and they bottle outside the zone of production, the Regulating Council will adopt the measures of equivalent control that it considers pertinent.
4. The Regulating Council will elaborate and provide to the warehouses you seal or contraetiquetas different for each one of the wines protected by both Denominations from Origin.
The wines protected by the Denomination of Origin “Malaga” and aged in the municipal term of Malaga will have right to a special symbol that will be defined by the Regulating Council.
The wines protected by the Denomination of Origin “obtained and made Mountain ranges of Malaga “in municipal terms of Arriate, Atajate, Benadalid, Gaucín and Ronda, will be able to take to the mention of the subsector “Mountainous area of Round” in the form in which it determines the Regulating Council.
5. The Regulating Council will adopt and register an emblem like symbol for the Denominations of Origin. This emblem will have to appear in the seals and labels that the Council sends.
Also, the Regulating Council will be able to make obligatory that in the outside of the facilities registered, and in outstanding place, he appears a plate that flying ant to this condition.
6. The Regulating Council previous the guarantees that he considers opportune, will be able to authorize to the establishments of sale the public, property of an registered warehouse, located in the province of Malaga, to dispatch protected wines, whenever this warehouse takes responsibility.
Article 30. Authorization of circulation.
Any product movement protected between warehouses will need to be communicated to the Regulating Council prior to its execution for its mandatory authorization.
Article 31. Control of expedition.
The Regulating Council will control for each campaign the amounts that of each type of wine protected by the Denominations of Origin could be sent by each company/signature enrolled in the Registries of Warehouses, in agreement with the amount of acquired grape, existence of campaigns previous and acquisitions of musts or wines to other enrolled companies.
Article 32. Declarations.
1. In order to be able to control the production, elaboration and existence, as well as the qualities, types and as necessary to be able to credit to the origin and quality of wines, the physical people or legal holders of the vines and warehouses will come forced to present/display before the Regulating Council, the following declarations:
a) All the companies enrolled in the Registry of Vines, will present/display once finished the harvesting and in any case before the 15 of December of every year, declaration of the harvest obtained in each one of the enrolled vineyards indicating the destiny of the grape and in case of sale, the name of the buyer. If different types take place from varieties of grape, will have to declare the amount of each of them.
b) All the companies enrolled in the Registry of Warehouses of Elaboration will have to present/display before the 15 of December of every year, the amount of musts and obtained wines, specifying the different types that elaborate, having to brief the origin of the grape and the destiny of the products that it sends, indicating the amount, and if so, the name of the buyer. In as much it has existence, will have to declare the realised exits of products monthly.
c) All the companies enrolled in the remaining Registries of Warehouses, will inside present/display the ten first days of every month, declaration of entrances and exits of products had in the previous month. In any case it will be indicated, the product amount and designation that have entered or left and a reference to the document that protects this operation.
2. The declarations to that the present article talks about have statistical effect merely, reason why they will not be able to be facilitated nor to be published more than in numerical form, without reference some of individual character.
Article 33. Qualification of wines.
All the wines made in the warehouses registered, to be able to make use of the Denomination of Origin “Malaga” or “Mountain ranges of Malaga” will have to surpass a process of qualification in agreement with the had thing in Regulation (EC) 1493/99 of the 17 May of the Council, reason why specific dispositions regarding produced wines of quality in determined regions settle down, in Real Decree 157/1988, of 22 of February, by that the norm settles down to that to the Denominations of Origin and the Denominations of Origin described as wines and their respective Regulations are due to fit.
Article 34. Disqualification.
1. All wine that by any present cause defects, sensible alterations, or that in their production have failed to fulfill the rules of this Regulation or the rules of elaboration indicated by the effective legislation will be disqualified by the Regulating Council, which will take with himself the lost one of the Denomination of corresponding Origin.
Also it will be considered like disqualified any product obtained with other previously disqualified.
2. The disqualification of wines could be realised by the Regulating Council in any phase of production, elaboration, raising or commercialization, and from the initiation of the disqualification file they will have to remain in independent packages and properly labeled, under the control of the Regulating Council, who in his resolution will determine the destiny of the disqualified product, which, in no case could be commercialized with Denomination of Origin.
CHAPTER IX. OF THE REGULATING ADVICE
Article 35. Definition.
1. The Regulating Council of the Denominations of Origin “Malaga” and “Mountain ranges of Malaga” is a dependent Organism of the Council of Agriculture and Fishing of the Meeting of Andalusia, with the character of dispersed organ, capacity to commit itself, with total responsibility and attributions decisorias in whichever functions entrusts east Regulation to him, in agreement with which they determine the effective combat formations in this matter.
2. Its scope of competition, will be certain:
a) In the territorial thing, by the respective zones of production and aging and raising.
b) In regard to products, by the prote'ge's by the Denominations.
c) In regard to the people by those enrolled ones in the different Registries.
Article 36. Functions.
It is main mission of the Regulating Council to apply to the rules of this Regulation and velar by his fulfillment, for which it will exert, the functions that entrust in the article 87 of the Law 25/1970 and complementary dispositions, as well as those that specifically are indicated in the articulated one of this Regulation.
The Regulating Council will guard especially by the promotion of protected products, for the expansion of his markets, successfully obtaining the cooperation of the Council of Agriculture and Fishing of the Meeting of Andalusia.
Article 37. Composition.
1. The Regulating Council will be constituted by:
a) A President, proposed by the Council Regulating and appointed by the Advisor of Agriculture and Fishing, that quality vote will have. In case the President is chosen among the vowels, to maintain the parity he will lose his vote of quality, not being necessary to cover his position with vowel.
b) A Vice-president, superior authority of the Regulating Council in the absence of the President, chosen among the vowels by the Council Regulating and appointed by the Advisor of Agriculture and Fishing, not being able if so, to be enrolled in the Registries of the same sector that the President. The Vice-president will maintain his condition of vowel.
c) Fourteen Vowels, of which ten will be it in representation of the Denomination of Origin “Malaga”, five of representing them of the vine sector chosen by and among the people enrolled in the Registry of Vines and the other five representatives of the wine-making sector chosen by and among the people enrolled in the remaining registries. The four remaining vowels will be it in representation of the Denomination of Origin “Mountain ranges of Malaga”, two of representing them of the vine sector and the other two representatives of the wine-making sector, also, chosen by and among the people enrolled in their corresponding Registries.
From the four vowels of the Denomination of Origin “Mountain ranges of Malaga”, two, one from the vine sector and another one of the wine-making one, will come from the production subsector “Mountainous area of Round”.
2. By each one of the vowels of the Regulating Council a substitute, chosen of the same form will designate itself that the holder and pertaining to the same sector of the vowel who is going to replace.
3. The positions of vowels will be renewed every four years, being able to be reelected. The regulating norms of the elections will be approved by the Council of Agriculture and Fishing.
4. In case of cease of a vowel by any cause, it will be come to designate substitute of the established form, although the mandate of the new vowel will only last until the first renovation of the Council is celebrated.
5. The term for the taking of possession of the vowels will be at the most of a month, to count from the date of its designation.
6. It will inflict losses any member of the Regulating Council who during the period of use of their position is sanctioned with serious infraction in matters that regulates east Regulation. Also it will inflict losses by unwarranted absence to three consecutive sessions or five alternating ones, drop from the rolls in the Registries of the Denomination of corresponding Origin or to stop being tie to the sector that represents.
7. It will attend the meetings of the Regulating Council, a representative of the Council of Agriculture and Fishing of the Meeting of Andalusia, with voice but without vote.
Article 38. Entailment of the vowels.
The vowels to whom the section talks about 1.c) of the previous article, will have to be tie to the sectors that represent, or or for being directly directive of societies that dedicate themselves to the activities that are to represent. However, a same physical or legal person enrolled in several registries will be able to have in the Council double representation, neither directly nor through filial companies or partners of the same.
The chosen vowels to belong as managers to an registered company/signature, will stop in their position when stopping as directive of this company/signature although they would follow tie the sector to have happened to another company, coming itself to designate to its substitute in the established form.
Article 39. Functions of the President.
1. To the President it corresponds:
a) To represent the Regulating Council. This representation will be able to delegate it in the Vice-president of express way in the cases that are necessary.
b) To fulfill and to make fulfill legal and prescribed the dispositions.
c) In accordance with the agreements of the Regulating Council, to successfully obtain the perception of the income and to raise the funds, ordering the corresponding payments.
d) To convene and to preside over the sessions of the Council, being indicated the Daily routine, putting under the discussion of the same the subjects of its competition and to execute the adopted agreements.
e) To organize the routine garrison duty of the Council.
f) To propose to the Regulating Council the hiring, suspension or renovation of its personnel.
g) To organize and to direct the services.
h) To inform to the Organisms superiors into the incidences that in the production and market take place.
i) To send to the Council of Agriculture and Fishing of the Meeting of Andalusia those agreements that general fulfillment stops adopts the Council by virtue of the attributions that confers east Regulation to him and those that by its importance it considers that they must be known by the same.
j) Those other functions that the Regulating Council decides or that it entrusts the Council of Agriculture and Fishing to him of the Meeting of Andalusia.
2. The duration of the mandate of the President will be of four years being able to be reelected.
3. The president will stop:
a) When expiring the term of its mandate.
b) To own request, once accepted its resignation.
c) On the decision of the Council of Agriculture and Fishing of the Meeting of Andalusia, previous instruction and resolution of the corresponding file, with the hearing of the interested one, because of bad management of the interests of the Corporation or breach of its obligations or incapacity. This file could be initiated of office or at the request of more of a third of the members of the Regulating Council.
4. In case of cease or death, the Regulating Council within a month, will propose to the Council of Agriculture and Fishing of the Meeting of Andalusia a candidate.
5. The sessions of the Regulating Council in which they study the proposal of candidate for new President will be presided over by the civil servant who designates to the Council of Agriculture and Fishing of the Meeting of Andalusia.
Article 40. Functions of the Vice-president.
1. To the Vice-president it corresponds:
a) To collaborate in the functions of the President
b) To exert the functions that the President specifically delegates to him.
c) To replace the President in the cases of vacancy, absence or disease of this one.
2. The duration of the mandate of the Vice-president will be the one of the period of the mandate of the vowels, unless some of the circumstances alluded to in the following point occur.
3. The Vice-president will stop:
a) When expiring the term of its mandate.
b) To own request, once accepted its resignation
c) On the decision of the Council of Agriculture and Fishing of the Meeting of Andalusia, previous instruction and resolution of the corresponding file, with the hearing of the interested one, because of bad management of the interests of the Corporation or breach of its obligations or incapacity. This file could be initiated of office or at the request of more of a third of the members of the Regulating Council.
The loss of the condition of vowel will entail its cease like Vice-president.
4. If by any cause vacancy of the Vice-presidency took place, it will come to the new election by the Regulating Council and appointment on the part of the Council of Agriculture and Fishing of the Meeting of Andalusia, although the mandate of the new Vice-president will only last until the first renovation of the Regulating Council is celebrated.
Article 41. Call of the meetings.
1. The Council will meet when summons the President, or by own initiative or at the request of a third of the Vowels, being obligatory to at least celebrate ordinary session once to the trimester.
2. The call of the sessions of the Regulating Council will communicate five days ahead at least, having to accompany to the citation the Daily routine for the meeting, in which more subjects will not be able to be approved than previously indicated. The corresponding documentation will be at the disposal of the members of the Regulating Council in soothes of the same.
3. In case of necessity, when therefore it requires the urgency of the subject or according to the President, it will be mentioned to the Vowels by telegram, fax or any other technical means that put record from which it has been received, with twenty-four hours of anticipation, like minimum.
4. When a holder cannot attend notifies to the Regulating Council and his substitute he replaces so that it.
Article 42. Constitution and quorum.
1. The Regulating Council will validly be constituted in first call, when they are present the President, and at least half of the vowels who compose the Council.
2. Not reached the quorum established in the previous section, the Regulating Council will be constituted in second call passed half an hour of the citation in first, when they are present the President, and at least two vowels one of each sector or its respective substitutes.
Article 43. Adoption in agreements.
1. The agreements of the Regulating Council will be adopted by majority of the member presents.
2. It could not be object of deliberation or agreement any subject that does not appear in the daily routine of the session, unless all the members of the Regulating Council are present and is declared the urgency of the subject by the favorable vote of the majority.
3. The Act of each session, signed by the assistants to the same, will gather at least: the assistants, the Daily routine of the session, the circumstances of the place and time in which he has been celebrated, the main points of the deliberations, as well as the result of the votings, the particular content in the adopted agreements and votes.
The approval of the act will be carried out in the same or the following session.
Article 44. Permanent commission.
In order to solve questions of proceeding, or in those cases in that it is considered necessary, a Permanent Commission, that will be formed by the President, the Vice-president and two Vocal holders, one of the producing Sector and another one of the manufacturing Sector will be able to be constituted, designated by the Plenary session of the Organism, acting like Secretary the one of the Regulating Council. In the session in which it remembers the constitution of this Permanent Commission will also remember the specific missions that functions are incumbent on to him and that will exert. All the resolutions that the Permanent Commission takes will be communicated to the Plenary session of the Council in the first meeting that is celebrated.
Article 45. The Secretary and the services of the Council.
1. For the fulfillment of his aims the Regulating Council will tell on the necessary group of personnel, that he will appear equipped in the own budget with the Council.
2. The Regulating Council will have a Secretary General, pertaining to the group of the Council, ordered to realise the administrative, technical and financial functions of the same and that will develop the following contents:
a) To prepare the works of the Plenary session of the Council and to transact the execution in its agreements and the taken ones by the Permanent Commissions.
b) To attend the sessions, with voice but without vote, to attend the calls, to raise Act of the Session, to guard books and documents of the Council.
c) The subjects regarding the routine garrison duty of the Organism, as much of the personnel as administrative.
d) Organization and direction, following the directives marked by the Council, of the administrative, financial, technical services, and of promotion.
e) Preparation of the technical information asked for by the Council or the Permanent Commission.
f) Systematically to evaluate the development of the campaigns.
g) The own functions of its work and specific assignments that are entrusted to him by the President of the Regulating Council.
3. The Regulating Council will have a Control service and Monitoring, that will count on Veedores own that they will be designated by the Regulating Council and qualified by the Council of Agriculture and Fishing of the Meeting of Andalusia, with the following inspecting attributions:
a) On the vineyards enrolled in the corresponding Registry of the Regulating Council.
b) On the Warehouses enrolled in the corresponding Registries of the Regulating Council.
c) On wines protected by the Denominations of Origin.
4. The Regulating Council will be able to contract, to carry out precise works, the necessary personnel, or to order the accomplishment of this one to an organization that he considers competent, whenever he has approved in the budget grant for this concept.
5. To all the personnel of the Regulating Council as much with fixed character as temporary, it will be to him of application the effective labor legislation.
Article 46. Committee of Qualification.
1. By the Regulating Council a Committee of Qualification will settle down, formed by the necessary experts, that it will have as committed to inform on the quality of the wine that can be protected by the Denominations, counting this Committee with the technical advisings that it considers necessary.
2. The Plenary session of the Council in view of the information of the Committee of Qualification will solve what the disqualification comes, where appropriate, and from the wine, in the form anticipated in this Regulation.
3. By the Regulating Council to the norms of constitution and operation of the Committee of Qualification will be dictated.
Article 47. Internal regime and publicity in agreements and resources.
1. The Plenary session of the Regulating Council will be able to approve circular, like general norms of internal regime that will be set out in the plank of announcements of the Regulating Council and the City councils of the municipal terms of the zones of indicated production and elaboration in articles 4 and 10 respectively of this Regulation.
2. The agreements of particular character that the Council adopts, will notify in legal form the enrolled ones.
3. The agreements and resolutions that the Regulating Council adopts will be subject to appeal, before the Delegate of the Council of Agriculture and Fishing of the Meeting of Andalusia, in Malaga.
Article 48. Financing.
1. The financing of the obligations of the Regulating Council will take place with the following resources:
a) The collected amount of the application of the rates that establishes Chapter I, of the Title I SAW, Law 4/1988, 5 of July, (IT MEASURES THE PERIMETER OF nº 55, of 14 of July) of Rates and Prices Public of the Independent Community of Andalusia.
b) The goods that constitute their patrimony and the products, rents and sales of the same.
c) The subsidys, legacies and grants that receive.
d) The amounts that could perceive for indemnifications by damages or damages caused to the Council or to the interests that represent.
e) Any other resource that comes.
2. The rates settle down as it follows:
a) Annual rate on the enrolled plantations
b) Rate on protected products.
c) Rate by right of expedition of each certificate of origin, visa of invoice, collates and sale of seals and contraetiquetas.
3. The bases of the rates to receive by the Regulating Council will be respectively:
a) The product of the number of hectares enrolled to name of each interested in the average value in pesetas of the production of one hectare, in the zone and preceding campaign.
b) The resulting value to multiply the average price of the unit of product protected by the sold volume.
c) The documented value.
4. The types to apply on the base of the rate will be, respectively:
a) The 1 percent.
b) The 1.5 percent.
c) Three hundred pesetas, by right of expedition of each document and until the double of the price of cost of you seal or contraetiquetas, by its use.
These types will be able to vary by the Council of Agriculture and Fishing of the Meeting of Andalusia following a proposal by the Regulating Council when the budgetary needs demand therefore it, adjusting to the limits established in Law 4/1988, of 5 of Julio, Rates and Prices Public of Andalusia, by means of the modification of the present Regulation.
Article 49. Management and economic control. Subjects liabilities.
1. The management of the income and expenses that appear in the budgets correspond to the Regulating Council.
2. The passive subject of each rate will be the physical or legal person whose name is enrolled the good object of each rate, the applicant of any administrative act and the purchaser of any document, seals and contraetiquetas.
3. The control of the economic operations of the Regulating Council and its regime of accounting will be put under had in the General Law the Public Property of the Independent Community of Andalusia and its norms of development, as well as the instructions that the General Intervention of the Meeting of Andalusia dictates, in use of their competitions.
CHAPTER X. OF THE INFRACTIONS, SANCTIONS AND PROCEDURES
Article 50. Applicable legislation.
1. All the activities that are precise to develop in the matter of sanctioning files will fit to the norms of this Regulation and Law 25/1970, of 2 of December, “Statute of the Vine, Vino and the Alcohol”, to Decree 835/1972, of 23 of March, by which its Regulation is approved, to Real Decree 1945/1983, of 22 of June, (BOE nº 168, of 15 of 1983 July), that regulates the infractions and sanctions in the matter of defense of the consumer and the agro-alimentary production, to Law 30/1992, of 26 of November, Legal Regime of the Public Administrations and of the Common Administrative Procedure, and to Real Decree 1398/1,993, of 4 of August, (BOE nº 189, of 9 of August of 1993) by that the Regulation of the procedure for the exercise of the sanctioning power is approved and to whichever general dispositions they are effective at the moment on the matter.
2. For the application of the previous norm, the established thing in Real Decree 2766/1983 will consider, of 5 of October, (BOE nº 265, of 5 of November of 1983) on crossing of functions and services of the State to the Independent Community of Andalusia in the matter of denominations of origin.
Article 51. Type of sanctions.
1. The infractions to the arranged thing in this Regulation and the agreements of the Regulating Council will be sanctioned with warning, fines and seizure of the merchandise, notwithstanding the penalties that to contravene the general legislation on the matter can be imposed.
2. The bases for the imposition of fines will be determined as has Article 120 Decree 835/1972, of 23 of March.
Article 52. Classification of the infractions.
According to it has article 129,2 Decree 835/1972, of 23 of March, the infractions committed by people enrolled in the Registries of the Denominations are classified, with the object of his sanction, in the following form:
1. Administrative lack. They will be sanctioned with warning or fine of 1 to the 10 percent of the base by each hectare, in the case of vineyard or of the value of the affected merchandise.
These lack, are generally, the inaccuracies in the declarations, record books, steering wheels of circulation and other documents of control that guarantee the quality and origin of products and especially the following:
a) To falsify or to omit the supporting data and that in each case are necessary in the different Registries.
b) Not to communicate immediately to the Regulating Council any variation that affects to the data provided at the time of the inscription in the Registries.
c) To omit or to falsify data regarding production or product movements.
d) The remaining infractions to the Regulation or the agreements of the Regulating Council, in the matter to that this section 1 talks about.
2. Infractions to the established thing in the Regulation on production, elaboration, storage and characteristics of protected wines. They will be sanctioned with fines of the 2 to the 20 percent of the value of affected products, being able in the case of finished products, to be applied, in addition, the seizure.
These infractions are the following:
a) The breach of the effective norms on hygienic practices of elaboration, conservation and transport.
b) The breach of the specific norms regarding the production, elaboration and conservation established in the Regulation or its complementary dispositions and to the agreements of the Regulating Council on this matter.
c) The remaining infractions to the Regulation and their complementary dispositions and to the agreements of the Regulating Council in the matter to that this section 2 talks about.
3. Infractions by illegal use of the Denominations or acts that can cause to him to damage or loss of prestige. 20,000 pesetas fines of to the double of the value of the merchandise or affected product will be sanctioned with, when that one surpasses this amount, and with their seizure.
These infractions are the following:
a) The commercial use of trade names, names, marks, symbols or emblems, that make reference to the Denominations or the names protected by her, in the wine commercialization nonprotected.
b) The use of the wine Denominations that have not been made, produced, stored or packaged according to the norms established by the effective legislation and this Regulation, or that do not reunite the characteristics and organoleptic conditions that are to characterize them.
c) The use of commercial names, marks or labels nonapproved by the Regulating Council, in the cases to that this section 3 talks about.
d) The illegal possession, negotiation or use of documents, labels, seals, etc., own of the Denominations, as well as the falsification of the same.
e) The wine expedition that does not correspond to the mentioned characteristics of quality in their means of commercialization.
f) The protected wine expedition, circulation or commercialization, in types of packages nonapproved by the Regulating Council.
g) The expedition, circulation or wine commercialization of the lacking Denominations of the labels numbered or devoid of means of control established by the Regulating Council.
h) To carry out the elaboration, packaging and the labelling in the premises that are not the enrolled facilities authorized by the Regulating Council.
i) The non-payment of the rates that settle down in this Regulation on the part of the passive subject of each of these rates.
j) Generally, any act that contravenes had in this Regulation or agreements the Council, and who harms or discredits the Denominations, or supposes an illegal use of the same.
Article 53. Infractions of not registered.
1. The infractions committed by people nonenrolled in the Registries of the Regulating Council are, among others:
a) To use the Denominations of Origin illegally.
b) To use commercial names, marks, expressions, signs and emblems that by their identity or graphical or phonetic similarity with them name protected by the Denominations of Origin or with the signs or emblems characteristic of the same, can induce to confusion on the nature or the origin of products, notwithstanding the acquired rights that properly are recognized by the competent Organisms.
c) To use the names protected by the Denominations of Origin, in labels or propagandas of products, although they go preceded by the term “type” or other analogs.
d) Any action that causes to damage or loss of prestige to the Denominations of Origin or store to produce confusion with respect to the same.
2. These infractions will be sanctioned with fines of 20,000 pts, until the double of the value of the merchandise when this one surpasses this amount and in addition, with their seizure.
Article 54. Gradation of the sanctions.
For the application of the sanctions anticipated in previous articles, the following norms will consider:
1. They will be applied in his minimum degree:
a) When one is simple irregularities in the observance of the regulations, without direct transcendence for the consumers or who do not suppose special benefit for the violator.
b) When the defects in the term indicated for it by the Regulating Council are corrected.
2. They will be applied in his average degree:
a) When the infraction has direct transcendence on the consumers or supposes a special benefit for the violator.
b) When the defects in the term indicated by the Regulating Council are not corrected.
c) When the infraction takes place by a negligent action, with nonobservance of the performance standards specifically decided by the Regulating Council.
d) In all the cases in that the application does not come from the degrees minimum or maximum.
3. They will be applied in its maximum degree:
a) When reiteration in the refusal takes place to facilitate information, to give collaboration or to allow the access to the documentation demanded by this Regulation or the agreements of the Regulating Council.
b) When test indicates bad faith.
c) When from the infraction serious damages for the Denominations of Origin are derived, their registering or the consumers.
4. In the cases of serious infractions, besides the established sanctions, the temporary suspension of use of the corresponding Denomination or the loss in the registries of the same will be able to be applied to the violator.
Article 55. Seizure and installment of the fines.
1. Unique sanction could be applied to the seizure of the merchandise as or as accessory, where appropriate, or the payment of the amount of its value in case the seizure is not feasible.
2. In case of disappearance, change or any manipulation conducted on the retained, taken part merchandise or seized, will be to the arranged thing in Article 435 of the Penal Code.
Article 56. Recidivism.
In case of recidivism the fines will be superiors in a 50% to the indicated ones in this Regulation, notwithstanding the sanctions that can correspond by virtue of the effective legislation.
In case the reincidente comet new infraction the fines will be able to rise until the triple of the same. Reincidente to the violator sanctioned by means of firm resolution by an infraction of the included ones in the present Regulation in the previous year will be considered.
Article 57. Publicity of the sanctions.
The imposed penalties to ejemplaridad effect will be able to be published in the Government reporter of the Meeting of Andalusia.
Article 58. Beginning and Instruction of files.
1. The beginning of the sanctioning files will correspond to the Regulating Council when the violator is enrolled in some of his Registries.
The Regulating Council will designate among his members an instructor for each of these sanctioning files.
2. In the cases of infractions committed against the arranged thing in this Regulation by companies located in the territory of the Independent Community of Andalusia and nonenrolled in the Registries of the Regulating Council, it will be the corresponding competent organ of the Meeting of Andalusia, the one in charge to begin and to start the proceedings.
3. The instruction of files by infractions against the arranged thing in this Regulation realised by companies located outside the Independent Community of Andalusia is competition of the Ministry of Agriculture, Fishing and Feeding.
Article 59. Resolution of Files.
1. The resolution of the sanctioning files begun by the Regulating Council, corresponds to the own Council when the indicated fine does not exceed 50,000 pesetas. In this case, it will have to be guaranteed the due separation between the instructional phase and the sanctioning one.
If the fine exceeded 50.000.Pts, it will rise the proposal to the Council of Agriculture and Fishing of the Meeting of Andalusia.
2. The resolution of the files by infractions committed against these Denominations of Origin by companies located in the territory of the Independent Community of Andalusia and nonenrolled in the Registries of the Regulating Council will correspond to the competent organ of the Administration of the Meeting of Andalusia.
3. The resolution of the files by infractions committed by companies located outside the Independent Community of Andalusia, against these Denominations of Origin, will correspond to the General Administration of the State.
4. With the object of determining the quantity to that section 1 talks about it will add to the amount of the fine the value of the seized merchandise.
5. The decision on the seizure of the merchandise or its destiny will correspond to that has the faculty to solve the file.
6. In the cases in that the infraction concerns the illegal use of the Denominations of Origin and it implies a false indication of origin, the Regulating Council, notwithstanding the administrative activities and pertinent sanctions, the civil actions and penal in the legislation will be able to go to the Courts exerting recognized on the industrial property.
7. In all the cases in that the Resolution of the file is with fine, the violator will have to pay to the expenses originated by the takings and analysis of samples, or by the recognition that had been realised and other expenses that cause the procedure and resolution of files, in agreement with the had thing in Law 4/1988 of 5 July of Rates and Prices Public of the I Community of Andalusia.
