21/08/2020 Wine Sector

The new legal framework for the wine sector entered into force on August 19, 2020.

Decree-Law no. 61/2020, of 18 August, establishes the institutional organization of the wine sector and regulates the recognition, protection and control of designations of origin (DO) and geographical indications (IG) of wines, vinegars, drinks spirits of wine origin and flavored wine products.

In addition, it also establishes the regime for the recognition of interprofessional organizations (OI) in the wine sector and the respective self-regulatory instruments.

Interprofessional organizations (OI) in the wine sector are thus subject to new sectoral rules, and the diploma provides that OI may adopt rules with a view to regulating the offer or approve standard extension agreements to be applied to all operators and products of the DO and IG.

With regard to the protection of DO and IG, the diploma now approved establishes the rules for including labeling mentions associated directly or indirectly with protected names when they are likely to confuse the consumer. The consumer will be anyone who is provided with goods, services or transferred any rights, intended for non-professional use, by a person who carries out an economic activity with the aim of obtaining benefits.

At the level of the managing entities of the DO or IG, the nature of these entities is clarified, as well as the form of representation of their operators. The managing entities of the DO and IG can take on the nature of associations in the agrifood sector, non-profit, with legal personality and constituted under the terms of the Civil Code.

The DO and IG Monitoring Committee is also created, under the responsibility of the Instituto da Vinha e do Vinho, I. P., with the mission of providing support and specialized consultation to the competent national authorities.

Decree-Law No. 212/2004, of 23 August, is revoked, which established the institutional organization of the wine sector, regulated the recognition and protection of the respective DO and IG, its control, certification and use, and defined the applicable regime certifying entities for wine products.

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