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Courtesy translation provided by WIPO, © 2011
Enacted: 15 September 1999
De facto promulgation: 6 October 1999
The Senate and Chamber of Deputies of Argentina, assembled in Congress, etc., have enacted with force of law:
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the present Law.
In the foregoing definition, "product originating" means a product processed and packaged in the geographical area in question, using grapes of Vitis vinifera L. varieties, where these have been entirely produced, picked and packaged in that area.
In cases where the product is processed and/or packaged in a different geographical area from that in which the grapes are produced, the product's origin shall be specified using the name corresponding to the grape production area together with the name of the geographical area within which the grape production area is located and where the product is processed and/or packaged.
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Products shall retain their category of designation when exported in bulk.
"Geographical area" means an area defined by geographical boundaries that are based on administrative or historical boundaries.
"Production area" means one or more pieces of land situated within a geographical area which, owing to the nature of their soil and their environmental situation, are recognized as suitable for the production of high-quality wines.
(a) The conditions set out in article 4 of the present Law;
(b) Regulations specifying the relevant production and processing conditions that are in force or that may be issued in the future, in accordance with Law No. 14,878.
1. Evidence that the name of the geographical indication is known at the local and/or national level;
2. The extent to which it is or was possible to demarcate the boundaries of the geographical indication on the basis of easily identifiable geographical data;
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3. Evidence that the climate, soil quality, altitude, appearance and other geographical or physical qualities of the region distinguish it from other neighbouring regions and give the wines produced in the area particular characteristics;
4. Identification of the producer or producers that are applying for recognition of the geographical indication;
5. The register of vineyards and establishments located in the area that would be covered by the future geographical indication.
1. The implementing authority itself;
2. Vine growers or their representative organizations;
3. Processors of wines and wine-based spirits;
4. Organizations engaged in promoting or protecting the interests of persons involved in wine production.
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newspaper that is widely circulated in the geographical area of origin, at the applicant's expense.
30 days following the date of publication under the previous article.
means the name that identifies a product originating from a region, locality or demarcated production area in the national territory, the particular qualities or characteristics of
which are due exclusively or essentially to the geographical environment, including natural and human factors.
In the foregoing definition:
"Product originating" means a product that is obtained from grapes of Vitis vinifera varieties entirely produced in the area in question and that is processed and bottled in that area; this must be expressly certified by the implementing authority.
"Production area" means one or more pieces of land situated within a geographical area which, owing to the nature of their soil and their environmental situation, are recognized as suitable for the production of quality wines.
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"Geographical area" means an area defined by geographical boundaries that are based on administrative or historical boundaries.
(a) They fulfil the conditions set out in article 13 of the present Law;
(b) They comply with the regulations specifying the relevant production and processing conditions that are in force or that may be issued in the future, in accordance with Law No. 14,878;
(c) They are made from selected varieties on the list to be compiled for that purpose with technical criteria by the implementing authority.
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activities within the production area corresponding to the future controlled appellation of origin.
(a) The region's historical background and the production area's geographical boundaries;
(b) The region's general characteristics, climatic factors, relief and nature and the homogeneity of the vineyards' plantations and ampelographic composition;
(c) Cultivation systems and cultural practices, whether traditional or adapted to the demarcated area, usual management and pruning methods, plantation density;
(d) Usual and necessary fermentation methods, minimum alcohol content and the conservation time necessary for the wine to acquire its characteristic qualities;
(e) The maximum yield per hectare and grape-to-wine ratio per hectare based on quantitative and qualitative results, and the uniformity of the qualities and characteristics of the wine produced;
(f) Analysis and evaluation of the organoleptic characteristics of the products obtained;
(g) Bottling, rules for the description and presentation of products with controlled appellation of origin;
(h) Identification of the vine grower(s) and winemaker(s) that are applying for recognition of the controlled appellation of origin.
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(a) Precise demarcation of the production area in which the controlled appellation of origin is located;
(b) The variety/varieties of Vitis vinifera L. cultivated;
(c) The register of vineyards or parts thereof considered suitable for producing wines entitled to the controlled appellation of origin;
(d) The maximum yield per hectare of the variety or varieties intended for the production of wines with controlled appellation of origin;
(e) Cultural practices, management and pruning systems used, control of wine production;
(f) Fermentation methods, maturing system or procedure;
(g) The minimum natural alcohol content of the wines obtained;
(h) Procedures for control, quality evaluation and sensory examination;
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(i) Rules for the description and presentation of the product (tags, stamps or labels); (j) Chemical and organoleptic analyses;
(k) The register of vine growers, winemakers and products with controlled appellation of origin;
(l) The infringement and penalty regime;
(m) Other information specific to the area in question.
(a) To guide, monitor and control the production and processing of wines protected by a controlled appellation of origin;
(b) To promote the system and protect the prestige of the controlled appellation of origin in their area;
(c) To maintain and keep continuously updated the registers of vineyards, wine cellars and establishments engaged in the production, processing, bottling and marketing of wines that have obtained entitlement to the controlled appellation of origin;
(d) To maintain and keep continuously updated the registers of grapes produced and picked in vineyards with controlled appellation of origin and to control the wines obtained and the processing, volume, bottling and maturing thereof, in accordance with the rules established in the relevant regulations for the controlled appellation of origin;
(e) To determine for each vintage the production, processing, packing and maturing conditions for wines protected by a controlled appellation of origin and their physical,
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chemical and organoleptic characteristics, in accordance with the season and the requirements of this Law;
(f) To issue certificates of controlled appellation of origin, numbered stamps and other control tools to their partners;
(g) To cooperate in the tasks of establishing and maintaining the vineyard register entrusted to them;
(h) To receive contributions and other appropriate funds as specified in their regulations;
(i) To determine and impose penalties on partners who infringe the regulations governing the appellation of origin.
the applicant does not respond by the deadline or does not meet the requirements, registration shall be refused. If the irregularities are rectified, the application shall continue to be processed in accordance with the provisions of the previous articles.
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30 days following the date of publication under the previous article.
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appellation of origin, in accordance with the conditions established for each of these and the regulations and other supplementary rules that may be issued on the basis thereof.
(a) Generic names of goods, meaning those names which, through their use, have become the common names of the goods with which the general public identifies them in the country of origin;
(b) Names of grape varieties;
(c) Registered trademarks identifying wine products.
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controlled appellations of origin with a view to preventing any improper use thereof that could mislead or deceive the consumer.
(a) For the designation of wines and wine-based spirits that do not originate from the place to which they refer or do not conform to the terms under which they were registered;
(b) For the purpose of taking advantage of the renown already acquired by protected wines and undermining or harming it as a result;
(c) Where usurpation, imitation or evocation is involved, even if the true origin is indicated, and even if the indication of source, geographical indication or appellation of origin is accompanied by qualifications such as "class", "make", "type", "style", or other similar expressions or translations thereof;
(d) For any other type of false or deceptive indication as to the source, origin, nature or essential characteristics of wine products;
(e) For any other practice that may mislead consumers as to the real origin of the product or that involves unfair competition.
The aforementioned prohibitions shall apply to the designation of the products in question on containers, labels and packaging, in registers and documentation, whether official or commercial, and in advertising.
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(a) The right of exclusivity and legal protection in the use of the duly registered indication of source, geographical indication or controlled appellation of origin;
(b) The right to use the abbreviations, logos, tags and labels licensed by the implementing authority for identification;
(c) Certification of authenticity and quality guarantee issued by the implementing authority.
(a) To advise on the system of appellation of origin of wines and wine-based spirits and to promote its implementation as a mark of quality;
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(b) To adopt the measures necessary for improved operation of the system;
(c) To demarcate and recognize geographical areas and production areas for each category in the designation system established by the present Law, marking out the boundaries of such areas and individualizing the expressions to be used to describe them. All geographical areas and production areas shall be recognized by this Law only from the time at which their boundaries are determined by the implementing authority;
(d) To maintain the National Register of indications of source, geographical indications and controlled appellations of origin that are recognized and protected and of products and producers covered by the system of appellation of origin of wines and wine-based spirits, in the terms established by this Law and its regulations;
(e) To coordinate services for the inspection, analysis and tasting of wines and wine- based spirits subject to this regime, and also control and verification at vineyards, wine cellars and other establishments of the production and processing conditions specified in each case by the relevant regulations and supplementary rules;
(f) To process relevant indictments and impose the penalties provided for in the present
Law;
(g) To issue certificates of registration and approval to entitled persons that apply for them;
(h) To submit to the relevant international organizations notifications of and requests for the registration of indications of source, geographical indications and controlled appellations of origin recognized and protected at the national level, in accordance with the international agreements and treaties in force in that regard;
(i) To promote the conclusion of bilateral and/or multilateral agreements, based on the principles of reciprocity and non-discrimination, for the recognition, protection and
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registration of indications of source, geographical indications and controlled appellations of origin, whether national or foreign;
(j) To serve as a national representative to the relevant international organizations.
(a) The authority's own funds;
(b) Contributions, bequests and/or gifts from financial assistance furnished by public or private persons with an interest in the operation of the system;
(c) Fines imposed for infringements of the law relating to winemaking;
(d) Fees received for the issuance of certificates and other services arising from the implementation of the system.
Wine-based Spirits shall be competent:
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(a) To contribute to the demarcation of geographical areas and production areas for controlled appellations of origin;
(b) To verify the National Register of controlled appellations of origin that are recognized and protected and of products and producers covered by the system of appellation of origin of wines and wine-based spirits, in accordance with the terms established by this Law and its regulations, to record the requirements for each case and to make
observations to the implementing authority;
(c) To support and promote the system and the establishment of promotion councils for each controlled appellation of origin, providing technical and legal support with regard to all aspects of the implementation of this Law and the regulations issued on the basis of it;
(d) To monitor the decisions and actions of the promotion councils of recognized controlled appellations of origin and/or users of the system and to propose cancellation of the use of a controlled appellation of origin, where the rules established by this Law and its regulations are not being complied with;
(e) To contribute to the management of bilateral and/or multilateral agreements, based on the principles of reciprocity and non-discrimination, for the recognition, protection and registration of geographical indications and controlled appellations of origin, whether national or foreign;
(f) To perform any other function determined by the implementing authority or the regulatory decree of this Law;
(g) To act as advisor, conciliator and/or mediator in cases of conflict or disagreement between the promotion councils for controlled appellations of origin.
Council for Appellation of Origin of Wines and Wine-based Spirits shall be subject to the
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regulations issued, as appropriate, by the implementing authority, which shall provide, inter alia, for the following to be represented in its membership:
1. The executives of the wine-producing provinces included in the system;
2. Higher education institutions, universities, public and private entities and/or agencies with an interest in the operation of the system and associated with the winemaking industry, which may contribute to research on and promotion and implementation of the system;
3. The promotion councils for the controlled appellations of origin that belong to the system.
Spirits shall be led by a president and a vice-president.
The president and the vice-president shall be elected from among the representatives of the promotion councils for the controlled appellations of origin belonging to the system. The other offices established by the regulations shall be held by anyone elected from among the members, irrespective of the sector to which they belong; the president shall be the legal representative, and the vice-representative shall take the place of the president when the latter is absent or disabled.
All members shall remain in office for two years and may be re-elected. All functions shall be performed on an honorary basis.
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origin or the decisions of their councils, committed by natural or legal persons who or which use the system and are included in the relevant council's registers, shall be classified as follows for the purposes of punishment:
(a) "Minor infringements" means inaccuracies in compulsory statements or register entries, failure to issue communications, failure to meet deadlines and, in general, breaches of similar rules;
(b) "Infringements in the production and/or processing of covered products" means infringements relating to the grape production and the processing of products covered by this regime;
(c) "Infringements in the use of geographical names" means infringements relating to the use of names, symbols and emblems characteristic of an indication of source,
geographical indication or controlled appellation of origin on other products which do not have such indication or appellation or which, if they do have such indication or appellation, may harm their image or the regime.
(a) A fine of up to 50 times the value of the total volume of the product on the market at the time of the infringement;
(b) Confiscation of the infringing products;
(c) Temporary suspension of the use of the controlled appellation of origin, indication of source or geographical indication;
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(d) Permanent cancellation of the use of the controlled appellation of origin, indication of source or geographical indication, which shall be announced in a mass-circulation national newspaper and in the Official Gazette for one day.
During administrative proceedings, the infringing goods may be placed under preventive seizure and/or confiscated. The final decision and, where applicable, the penalty, shall be handed down by the implementing authority.
(a) Improper use of an appellation of origin, indication of source or geographical indication;
(b) The use of trade names, trademarks, expressions, signs or emblems which, because of their graphic or phonetic identity with or similarity to protected names or signs and emblems characteristic of an appellation of origin, indication of source or geographical indication, may mislead or confuse as to the nature or origin of the products in question;
(c) Improper use of protected geographical names on labels or tags, in trade documents or product promotional material, even if they are accompanied by the terms "type", "style", "variety", "bottled in…", etc., that may confuse the consumer as to the origin of the products.
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If, during the proceedings, evidence emerges of presumed infringements which the prosecuting authority is not competent to judge, that authority shall refer the case to the appropriate body and, if necessary, to the courts.
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indications may not use a geographical indication or a controlled appellation of origin in their description or presentation.
DONE at the meeting hall of the Argentine Congress in Buenos Aires on 15 September
1999.
Registered under No. 25,163.
ALBERTO R. PIERRI – EDUARDO MENEM – Esther H. Pereyra Arandia de Pérez
Pardo – Juan C. Oyarzún