Conditions to produce wines with a determined Geographical Indication

The Argentine Institute of Viticulture (INV) has issued Resolution No 8/08, published in the Official Gazette on June 4, 2008, which repeals Resolution No 22/04 and provides the conditions to produce wines with a determined Geographical Indication (GI).

The Resolution aims at improving the procedures to manufacture products with GI, their registration with the official records and their launching in the market.

The main terms of Resolution No 8/08 are as follows:

(i)           The manufacturer and wineries of the grapes to be used, which elaborate wines with GIs, must first obtain the registration, protection and the right to use such GIs.

(ii)           As of 2008 those producing wine with a determined GI, shall give notice in advance of their decision to do so.

(iii)          The wine shall be manufactured according to the provisions of Decree No 57/2004.

(iv)          For inventory purposes, wines with GI will be grouped independently.

(v)           Registration in the official records of the raw material and the resulting products will be declare globally, without discriminating the products with the right to use a GI, and the final sworn declaration of manufacture will be made in the same manner.

(v)

(vi)          Within a term of 30 days following the filing of the final sworn declaration mentioned above, the manufacturer shall submit a note indicating the volumes of products manufactured with the right of use of each GI (red, rosé and white wines), and mentioning the number of vineyards, the grape varieties and sworn declarations of grapes involved in the process, excepting the wines produced with provincial GIs.

(vii)         Form MV-O5 for each GI must be filed for the official records of stock and circulation of wines.

(viii)        Every time an interested party wishes to obtain the analysis of free circulation or the transfer of a determined volume with GI, the party may request them by means of a sworn declaration subject to INV control. In absence of INV control within 48 hours following such presentation, the registered producer will be able to dispose of the product.

(ix)          In order to obtain the analysis of export ability of the wines with GI, the product must be previously certified with its GI.

(x)          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.

(xi)          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.

(xii)         The application for certification of a GI shall only be submitted by the manufacturer.

(xiii)         Wines with GIs sent to the domestic market must be individually stated in accounting backup indicating details of liters and the analysis of free circulation for any GI, excepting the products with provincial GIs.

(xiv)        For official purposes, before June 13, 2008, those currently having products with GI, which were manufactured in 2007 and before, according to Resolution No. 22/04, shall inform their stock of goods, for any type of product and each GI.

Failure to comply with the provisions of Resolution No 8/08 will be subject to penalties stated in Law No 14,878 (Law of Wines) and 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).