Legal news about the wine industry
By Juan Carlos Ojam and Antonella Balbo.
NATIONAL INSTITUTE OF VITICULTURE
We share below the latest legal news related to the viticulture industry in Argentina.
Recognition of “Victoria” as a Geographical Indication
On May 4, 2021, Resolution 5/2021 (“Resolution 5/2021”) of the National Institute of Viticulture (“NIV”) was published in the Official Gazette. This Resolution provides for the recognition, protection and registration of the area of “Victoria, Entre Ríos”, as a Geographical Indication (“GI”).
According to Law No. 25,163 on General rules for the description and presentation of wines and wine-based spirits, a GI is a sign used to identify products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
In addition, the qualities, characteristics or reputation of the product originated in that particular region or delimited production area should be essentially due to the place of origin. In general, the GI consists on the name of the place of origin of the products with particular qualities or characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors. “Valle de Uco”, “Lujan de Cuyo”, “Tupungato”, “San Rafael”, “Valle de Cafayate”, “Quebrada de Humahuaca”, “Famatina” and “Valles Calchaquíes” are examples of some of the recognized GIs in our country.
The NIV is the governmental body responsible for recognizing and determining the registration and protection of GIs. The Resolution 5/2021 states that the area of “Victoria, Entre Ríos” is formed by terroirs with distinctive qualities, suitable for the production of quality wines, and in that line, it recognizes the territory as a GI in Argentina. The following maps detail the area declared as GI by the Resolution.
The certification of Varietal Wine from the Generic Wine Grouping approved by the NIV
On 21 May, NIV’s Resolution 6/2021 (“Resolution 6/2021”) which provides that the Certification of Varietal Wine will be approved by the NIV, from the grouping of Generic Wine, was published in the Official Gazette.
Resolution 6/2021 abrogates NIV Resolution No. C.25 of 2016. The repealed resolution set forth that wine establishments that holds Generic Wine volumes to be certified as Varietal Wine had to be classified as “Varietal Wine to Be Certified”, requiring the submission of an Affidavit within a deadline taking place on July 31th of each year.
Considering that the data provided does not reflect the reality of the current certified volumes of wine, and the need to reduce the bureaucratic burden on the wine producers enrolled with NIV, Resolution 6/2021 states that any certification of Varietal Wine will be approved by the NIV, from the grouping of Generic Wine. It also provides that the wine producers that currently hold volumes of wines identified as “Varietal Wine to be Certified” in their Electronic Records will be able to conduct the relevant certification until running out of stock.
For further information please contact: jcojam@ojambf.com.
