Functions

Regulations

CHAPTER VI (A NEW REGULATIONS COMING SOON)

Registers

Art. 16.1. The following Registers will be the responsibility of the Regulatory Council:

  • Vineyard Registry
  • Registry of Bottling Wine Cellars
  • Register of Storage Cellars
  • Register of Aging Wine Cellars
  • Register of Exporters

2. Requests for registration will be sent to the Regulatory Council, accompanied by any information, documents and supporting records required by the orders and regulations in force, using the forms issued by the Regulatory Council.

3. The Regulatory Council will reject any registrations which do not comply with the precepts of the Regulations or the agreements adopted by the Council on complementary technical conditions with which both the vineyards and the cellars must meet.

4. Registration in these Registers does not exempt the interested parties from the obligation to register in the general Registers which might be established and especially in the Register of Food and Agricultural Industries and the Register of Bottlers and Canners, in their case.

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CHAPTER VIII

On the Regulatory Council

Art. 38. The main aim of the Regulatory Council is to apply the precepts of these Regulations and ensure that they are complied with, for which it will exercise the functions entrusted to it under article 37 of Law 25/1970, and complementary stipulations, as well as those expressly indicated in the articles of these Regulations.

5. To organise the Council’s internal regime.

6. To employ, suspend or renew Regulatory Council staff.

7. To organise and manage.

8. To inform the higher organs of any incidents that might occur in production or the market.

9. To send to I.N.D.O. (National Institution of Denominations of Origin) any agreements for general compliance that the Council might have made by virtue of the powers vested in it under these Regulations and any others that it deems should be recognised on account of their importance.

10. Any other functions the Council agrees upon, or entrusted to it by I.N.D.O.

2. The duration of the post of Chairman will be four years with possible re-election. Three months prior to the end of the term of office, the Regulatory Council will propose a short-list to I.N.D.O. which, along with its report, will submit it to the Ministry of Agriculture.

3. The Chairman will resign at the end of his term, on his own accord once his resignation has been accepted, or on the decision of the Ministry of Agriculture.

4. In the event of resignation or death, and within a period of one month, the Regulatory Council will submit a short-list to the Ministry of Agriculture for the appointment of a new President.

5. The Regulatory Council’s sessions in which the short-list for the new Chairman is being studied will be presided over by an I.N.D.O. official appointed by its Director.

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Art. 44.1. In order that its aims are complied with, the Regulatory Council will have the necessary members in accordance with the numbers approved by I.N.D.O. which will be provided for in the Council’s own Budget.

2. The Council will have a Secretary who will be appointed by the Council itself on the proposal of the Chairman, on which he will directly depend and who will have the following specific tasks:

  • To prepare the work to be undertaken by the Council and see through the carrying out of its agreements.
  • To attend the sessions with a right to speak but not to vote, to issue notices of meetings, to write the minutes and to keep the Council’s books and documents.
  • To attend to matters concerning the Council’s internal regime, whether staff or administrative matters.
  • To attend to the functions entrusted to him by the President in relation with preparing and implementing matters pertaining to the Council.

3. He will have the necessary technical services for the technical functions entrusted to him by the Council, the management of which will be the responsibility of the competent technician.

4. He will have the support of overseers for control and surveillance services. These overseers will be appointed by the Regulatory Council and authorised by the Defense Service against Fraud and Agricultural Analyses and Tests, in an application processed through the I.N.D.O. with the following inspective powers:

  • Over the vineyards situated within the production zone.
  • Over the cellars situated in the production and aging zones.
  • Over the grapes and wines in the production and aging zones.
  • Over the wines protected throughout the country.

5. The Regulatory Council will have the necessary members to carry out urgent tasks, when approved in the Budget and provided for such items.

6. The labour legislation in force will apply to all Council staff whether permanent or temporary.

Art. 45.1. The Council will establish a Wine Classification Committee, made up of three experts and a Council Chairman delegate who will have the task of informing on the quality of the wines to be marketed either nationally or abroad. The Council will have the technical assistance it deems necessary.

2. The Chairman of the Council, having seen the Committee’s reports, will resolve accordingly and, in such case, disqualify the wine in the manner foreseen in article 36. The resolution of the Chairman of the Council IN THE EVENT of a disqualification will be provisional for a term of ten days. If within this period the interested party asks for a review of the resolution, such review will be taken to a plenary session of the Regulatory Council to be resolved accordingly. If in this period no review is requested, the Chairman’s resolution will be considered final.

The resolutions of the Chairman, or the Regulatory Council in such case, can be appealed before I.N.D.O.

3. The regulations for the constitution and running of the Classification Committee will be drawn up by the Regulatory Council.

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CHAPTER IX

Art. 51.1. The institution of disciplinary proceedings will be the responsibility of the Regulatory Council when the transgressor is registered in one of its Registers. In any other case, the Regulatory Council will notify I.N.D.O.

2. Two members of the Regulatory Council appointed by said Council will act as Examiner and Secretary in disciplinary proceedings instituted by the Regulatory Council.

3. In such cases where the Regulatory Council deems convenient that the proceedings be conducted by I.N.D.O., said Council can request that this be the case.

4. Once the proceedings have been conducted, a hearing of the Union Organisation will be established through the provincial union delegate from the corresponding province.

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