Internet portal o vinima Srbije

LAW ON WINE

I BASIC PROVISIONS

Subject of the Law

Article 1

This Law defines: production, processing, quality of and marketing grapes

used for production of wine; production, processing and quality of grape must, wine

and other products of grapes, grape must, pomace and wine used in wine

production; designation of wine with geographical indications; marketing of grapes,

wine and other products of grapes, grape must, pomace and wines used in

production of wine, as well other issues relevant to grapes, grape must, wine and

other products of grapes, grape must, pomace and wine used in wine production.

 

Quality Norms, Conditions Related to Packaging and Declaring

Article 2

Grapes, grape must, wine and other products of grapes, grape must, pomace

and wine used in wine production shall fulfil the stipulated quality standards and

conditions related to packaging and declaring set forth by this Law and the

legislations defining the quality thereof.

Prohibitions

Article 3

Production of wine from grapes of direct producer hybrids and grapes from

mother plantations shall be prohibited.

Storing or use of sugar, „rakija“ (distilatted spirit drink produced by fruit),

ethanol and other materials and substances that may increase quantity and change

the defined natural ingredients of grape must and wine in production plants and

storage areas shall be prohibited.

Exceptions

Article 4

The provisions of this Law shall not apply to production and processing of

grapes, grape must, wine and other products of grapes, grape must, pomace and

wine used in production of wine produced, i.e. processed by natural person for their

personal needs.

The provisions of this Law shall not apply to legal persons engaged in

examination in the domain of viticulture and wine production, and persons who

produce wine by microvinification in quantities used for examinations and who do not

sell such wine.

Definitions

Article 5

Certain terms used in this Law shall be accorded the following meaning:

1) Amphelotechnical measures are measures conducted with a view to

successful cultivation of vine and production of grapes;

2) Wine Register is a database of wine producers, wineries, and other data

in accordance with this Law;

3) Vineyard Register is a database of grape producers and viticultural plots

as well as other data in accordance with this Law;

4) Wine is an agricultural and nutritional product, obtained through full or

partial alcohol fermentation of fresh grapes, pomace or grape must produced from

wine varieties of vine grapes;

5) Grapes for wine production (hereinafter: grapes) are fruit of the vine used

in making wine in technological ripeness, slightly raisined, or naturally frozen

processed by the allowed oenological practices that spontaneously ferments into

alcohol;

6) Direct producer hybrid is a variety–hybrid Noah, Othello, Isabelle,

Jacquez, Clinton, Herbemont and other variety-hybrid obtained by direct hybridization

of a variety belonging to species Vitis vinifera L. with another species of genusVitis L;

7) Allowed oenological means (hereinafter: oenological means) are all the

means set forth in this Law used in production of grape must, wine and other

products;

8.) Allowed varieties are varieties of vine the grapes of which are used for

production of “stono vino” (wine without geographical indications) and cultivation of

which is allowed on the territory of the Republic of Serbia in accordance with this

Law;

9) Allowed oenological practices (hereinafter: oenological practices) are all

the practices in the production of grape must, wine and other products set forth in this

Law;

10) Other products of grapes, grape must, pomace and wine used in the

production of wine (hereinafter: other products) are substances originating from

grapes, grape must, pomace and wine used in wine production;

11) Registration mark for wine with geographical indications is a sticker

bearing a numerical marking registering each individual original packaging for wine

with geographical indications;

12) Control organisation is an organisation performing control of production

of grapes for production of wine with geographical indications, control of production

of wine with geographical indications and other activities related to control of

production of wine with geographical indications;

13) Concentrated grape must is a uncaramelized grape must obtained by

partial dehydration (steaming) of grape must through a certain procedure, the density

of which is minimum 1.24 g/cm3 at 20oC;

14) Mother plantation is a vine grape plantation used for production of

reproductive materials with a view to producing seedlings of vine grapes;

15) Laboratory is a legal person conducting analyses and control of quality of

grapes, grape must, wine and other products;

16) Authorised organisation dealing with activities related to Vineyard

Register (hereinafter: Expert Organisation for Vineyard Register) is a legal person

engaged on establishing and processing of data on viticultural plots and other

activities related to Vineyard Register;

17) Original filling is a filling that cannot be reverted to the initial status by any

activity;

18) Recommended varieties are varieties of vines the grapes of which are

used for production of wine with geographical indications and cultivation allowed in

the Republic of Serbia and recommended for the corresponding viticultural

geographic production area;

19) Grape producer is a legal and natural person or entrepreneur engaged in

production of grapes and registered in Vineyard Register;

20) Producer of must, wine and other products is a legal person or

enterpreneur dealing with production of grape must, wine and other products which is

registered in Wine Register;

21) Rectified concentrated grape must is concentrated grape must obtained

through practices of concentration from which all ingredients except sugar have been

removed;

22) Grape must is a liquid product obtained after crushing of grapes and

draining of pomace with actual alcoholic strength by volume of maximum 1 %.

Types of Viticultural Geographic Production Areas

Article 6

Wine-growing Serbia is the entire viticultural geographic production area

(hereinafter: viticultural area) on the territory of the Republic of Serbia where

favourable conditions for cultivation of vine grape exist.

Wine-growing Serbia is divided into viticultural areas the names of which may

be used as designations of geographical indications as follows:

1) Wine-growing unit (hereinafter: unit) is a wider viticultural area within the

wine-growing Serbia, characterised by similar environmental conditions, selection of

recommended varieties and other necessary conditions for successful cultivation of

vine grapes ensuring production of grapes, grape must and other products specific

for their quality, grapes yield and organoleptic characteristics for the respective unit;

2) Wine-growing region (hereinafter: region) is a narrow viticultural area

within a unit characterised by specific environmental conditions, selection of

recommended varieties and other conditions conducive to production of grapes,

grape must, wine and other products specific for their quality, grapes yield and

organoleptic characteristics for the respective region;

3) Wine-growing district is a more narrow wine-growing area within a region

characterised by uniform specific environmental conditions, selection of

recommended varieties and other conditions conducive to production of grapes,

grape must, wine and other products specific for their quality, grapes yield and

organoleptic characteristics for the respective district;

4) Location (or position) is the smallest viticultural area within wine-growing

district characterised by homogenous environmental conditions.

The Minister in charge of Agriculture (hereinafter: the Minister) shall define

borders and names of viticultural areas, the allowed and recommended varieties for

viticultural areas, maximum yields for these viticultural areas, and other

characteristics related to production of grapes and wine in viticultural areas.

Classes of Wine

Article 7

Wine classifies on:

1) Still wine („In stricto sensu”);

2) Special wine;

3) Distilling wine.

Still wine is wine produced by oenological practices of treatment of grapes,

pomace and grape must in customary fermentation that does not free carbon dioxide

visibly.

Special wine is wine produced by special oenological practices the

characteristics of which are not only those of grapes but also of the applied special

oenological production practices.

Special wines are classified to: natural dessert wine, liqueur wine, aromatic

wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated

sparkling wine, semi-sparkling wine, aerated semi-sparkling wine and other special

wines.

Distilling wine is wine with a purpose to distilling.

The Minister shall define classes and categories of special wines, types of

oenological practices and oenological means, methods and practices of production,

quality, designation and other requirements related to production and marketing of

special wines as well as quality, types of oenological practices and oenological

means and other requirements related to production and marketing of distilling wines.

Categories of Still Wines

Article 8

Depending on the quality, method of production and type of wine-growing

area, still wine classifies on:

1) „Stono vino“ (wine without geographical indications);

2) „Vino sa geografskim poreklom“ (wine with geographical indications).

Depending on the quality, method of production and type of wine-growing

area, „Vino sa geografskim poreklom“ classifies on:

1) “Regionalno vino” (wine with protected geographical indication – PGI);

2) „Kvalitetno vino sa geografskim poreklom“ (quality wine with protected

designation of origin – PDO).

„Stono vino“ (wine without geographical indications) is wine without

geographical origin produced from grapes of one or more allowed varieties of vine

grape species Vitis vinifera L, and/or varieties obtained by breeding of species Vitis

vinifera L. and other varieties of genus Vitis, fulfilling the stipulated parameters and

method of production for this category of wine in accordance with this Law and other

legislations.

“Regionalno vino” (wine with protected geographical indication) is wine

produced from grapes of one or more recommended varieties of vine grape species

Vitis vinifera L, and/or varieties obtained by breeding of species Vitis vinifera L. and

other varieties of genus Vitis, originating minimum 85 % from the same wine-growing

unit, with the production and processing of grapes and production of wine conducted

within a given wine-growing unit pursuant to the defined allowed grapes yield, quality

and method of production of wine for this category in accordance with this Law and

other legislations.

 

„Kvalitetno vino sa geografskim poreklom“ (quality wine with protected

designation of origin) classifies on:

1) „Kvalitetno vino sa kontrolisanim geografskim poreklom i kvalitetom“

(quality wine with controlled geographical origin and quality);

2) „Vrhunsko vino sa kontrolisanim i garantovanim geografskim poreklom i

kvalitetom“ (high quality wine with controlled and guaranteed geographical origin and

quality).

„Kvalitetno vino sa kontrolisanim geografskim poreklom i kvalitetom“ (quality

wine with controlled geographical origin and quality) is wine produced of grapes of

one or more recommended varieties of vine grapes of species Vitis vinifera L. with

particularly pronounced characteristics for a variety or varieties, originating from the

same wine-growing region with the production and processing of grapes and

production of wine conducted within a given wine-growing region, pursuant to the

defined allowed grapes yield, quality and method of production of wine for this

category in accordance with this Law and other legislations.

„Vrhunsko vino sa kontrolisanim i garantovanim geografskim poreklom i

kvalitetom“ (high quality wine with controlled and guaranteed geographical origin and

quality) is wine produced of grapes of one or more recommended varieties of vine

grapes of species Vitis vinifera L. with particularly pronounced characteristics for a

variety or varieties, originating from the same wine-growing region with the

production and processing of grapes and production of wine conducted within a given

wine-growing region, pursuant to the defined allowed grapes yield, quality and

method of production of wine for this category in accordance with this Law and other

legislations.

The Minister shall define the method and procedure of production and

parametars of „stono vino“ (wine without geographical indications) as well as

maximum allowed yields of grapes, method and procedure of production and quality

of wine for each of the categories of wine with geographical indications.

Types of Other Products

Article 9

For the purpose of this Law, types of other products are:

1) Unfermented products: concentrated grape must and rectified

concentrated grape must;

2) Rest products.

The rest products are products from grapes, grape must, pomace and wine

not mentioned but are used in wine production.

The Minister shall define types of other products, types of oenological

practices and oenological means, methods and procedure of production, quality,

declaring, labelling and other requirements related to production and marketing of

other products.

 

II PRODUCTION OF GRAPES

Agrotechnical measures and production of grapes

Article 10

Production of grapes shall include all the activities, agrotechnical and

amphelotechnical measures including harvesting of grapes.

Grapes shall be produced from the allowed varieties of vine grapes only.

Production and quality of grapes shall be in accordance with the category of

wine for which the grapes are intended and with respect to limitations of yield, as well

as sugar content in grapes or sugar content in grape must.

Harvesting of grapes shall be conducted only when the grapes attain

adequate ripeness for a certain viticultural area, class, type and category of wine.

Grape producer shall act in such way so as to preserve all the natural

characteristics of grapes.

Grape producers

Article 11

A legal person and an entrepreneur may be engaged in production of grapes

if registered into the Business Register and in the Vineyard Register kept by the

ministry in charge of agriculture (hereinafter: Ministry), if he owns or rents or has in

cooperation a vineyard.

A legal person and an entrepreneur mentioned in para. 1 hereof shall be

registered in the Business Register in accordance with the law regulating registration

of companies and entrepreneurs.

A natural person may be engaged in production of grapes if he owns or rents

or has in cooperation a vineyard and is registered in the Vineyard Register.

A legal, i.e. natural person i.e. an entrepreneur who produces grapes used for

marketing and owns, rents or has in cooperation less than 0,1 ha of vineyard shall

not register into the Vineyard Register.

Method of Registration into Vineyard Register

Article 12

Registration into the Vineyard Register is made by the Application form filled

by a legal person, entrepreneur i.e. a natural person mentioned in Article 11 hereof to

the Ministry.

The Application form for registration into the Vineyard Register shall include:

1) Data on the applicant (name, seat, address, identity number, tax

identification number and data on the responsible person);

2) Code of activity;

3) Data on the person responsible for production of grapes (name and

surname, address, unique identity number of a citizen);

4) Data on wine-growing plots used for production of grapes (cadastre

municipality, number of cadastre plot, size of plot, variety, intended use of grapes,

etc.).

A natural person filling a Application form for registration into the Vineyard

Register shall provide the following data: name and surname, address, unique

identity number of a citizen, number from the Farm Register if any, as well as the

data mentioned in item 4, para 2 hereof.

The Minister shall give forth a Certificate on registration into the Vineyard

Register.

The Certificate of the Minister mentioned in para. 4 hereof shall be final and

administrative proceedings may be initiated against it.

A legal person, entrepreneur i.e. a natural person shall inform the Ministry of

all changes of data no later than 15 days following the date of change.

Vineyard Register

Article 13

Data from the Vineyard Register shall be public.

Vineyard Register is kept in electronic form and may be linked to the other

databases and registers of the Ministry.

The Minister shall define the content, method of handling the Vineyard

Register, as well as the form of Application form for registration into the Vineyard

Register.

Cancellation from the Vineyard Register

Article 14

A legal person, entrepreneur, i.e. a natural person shall be cancelled from the

Vineyard Register if he:

1) decides to suspend activities registered therein;

2) does not fulfil the conditions.

The Minister shall give forth a Certificate on cancellation from the Vineyard

Register.

The Certificate on cancellation from the Vineyard Register of the Minister

mentioned in para. 2 hereof shall be final and administrative proceedings may be

initiated against it.

Organisation in Charge of Vineyard Register

Article 15

The activities related to handling the Vineyard Register, establishment and

processing of data on viticultural plots and other activities related to the Vineyard

Register shall be conducted by the Ministry.

The Ministry may authorize an organisation in charge of the Vineyard

Register to the activities related to establishment and processing of data on

viticultural plots using geographic information system and other activities related to

the Vineyard Register mentioned in para. 1 hereof, by the open competition.

The Ministry shall conclude a contract with the organisation mentioned in

para. 2 hereof for conducting activities that the organisation is authorised for.

The Minister shall define technical and human resources conditions to be

fulfilled by the organisation mentioned in para. 2 hereof, as well as the methods of

execution of activities.

 

III PRODUCTION OF GRAPE MUST, WINE AND OTHER PRODUCTS

Technological Practices

Article 16

Production of grape must, wine and other products includes: transport of

grapes, separation of cluster stems and crushing of grapes, processing of pomace

and grape must, alcohol fermentation of pomace and grape must, wine tending and

finalisation of wine, storing, packaging wine and its storing prior to marketing, as well

as all other practices related to production of other products.

Producers of Grape Must, Wine and Other Products

Article 17

Grape must, wine and other products may be produced by a legal person and

an entrepreneur (hereinafter: producer), registered into the Business Register and

into the Wine Register handled by the Ministry.

The producer mentioned in para. 1 hereof shall be registered into the

Business Register in accordance with the law prescribing registration of companies

and entrepreneurs.

The producer shall be registered into the Wine Register if he executes (fulfils)

conditions related to structures, premises, technical conditions, equipment, vessels

and instruments as well as related to professional staff.

The producer shall have separate premises for production of wine that are not

interconnected with the premises for production of distillate, as well as premises for

storing of oenological means and inputs.

The producer shall have separate vessels for storing (keeping) of „stono vino“

that does not originate from the Republic of Serbia from the vessels for storing

(keeping) of wine that originate from the Republic of Serbia.

The producer shall fulfil the condition related to professional staff if he has a

person of adequate level of education and professional experience employed full

time on activities related to production of wine.

The producer – entrepreneur may secure expert managing of the production

process through another legal person registered for provision of extension services in

agriculture and equipped with a full time employee fulfilling the conditions related to

education.

The Minister shall define conditions related to structures, premises, technical

conditions, equipment, vessels and instruments as well as related to professional

staff that must be fulfilled by the producer.

Fulfilment of the conditions mentioned in para. 3 hereof shall be established

by a Ministerial decision.

The Certificate of the Minister mentioned in para. 9 hereof shall be final and

administrative proceedings may be initiated against it.

Method of Registration into Wine Register

Article 18

Registration into Wine Register shall be made on the basis of Application

form filled by the producer mentioned in para. 1, Article 17, applicated to the Ministry.

Wine Register shall include:

1) Data on producer and packager (name, seat, address, identity number,

tax identification number);

2) Data on the responsible person;

3) Code of activity;

4) Data on production, raw materials and products;

5) Data on production structures and storages;

6) Data on technological equipment for processing of grapes and packaging

of wine;

7) Data on vessels for production, ageing and storage (keeping) of wine and

other products;

8.) Data on laboratory instruments;

9) Data on applied and/or registered trademarks;

10) Data on quality standards and certificates;

11) Data on annual sales and number of bottles, etc.

Data contained in the Wine Register shall be public and shall be kept for an

indefinite period of time.

Wine Register shall be kept in electronic form and may be linked to other

databases and registers of the Ministry.

The producer shall submit the application of all changes of data in the Wine

Register to the Ministry no later than 15 days following the date of change.

The Minister shall define the content, method of handling the Wine Register,

as well as the Application form for registration into the Wine Register.

Cancellation from the Wine Register

Article 19

A producer of wine shall be cancelled from the Wine Register if he:

1) makes a decision to suspend production of grape must, wine and other

products;

2) Fails to fulfill conditions set forth in this Law.

The Certificate on cancellation from the Wine Register shall be passed by the

Minister.

The Certificate of the Minister mentioned in para. 2 hereof shall be final and

administrative proceedings may be initiated against it.

Winery Records

Article 20

Producers shall handle winery records containing data on the raw materials

used, oenological means, production, quality, quantity, transport of grapes, grape

must, pomace, wine and other products, marketing of grapes, wine and other

products, etc. with the documents supporting the data.

Winery records and the accompanying documents shall be kept for minimum

five years from the date of sale of the last quantity of that wine or other product.

The Minister shall define the content and method of handling winery records.

Marking of Vessels

Article 21

A producer shall mark each vessel containing grape must, pomace, wine and

other products in bulk to be used for production, ageing and storing (keeping) wine

and/or other products.

The producer shall separately mark vessels containing grape must, wine and

other products with wine defects that need to be improved or processed with the

exact mention of wine defects relative to the prescribed quality thereof.

Wine and other products shall not be sold until such wine defects are

removed.

The Minister shall define the method of marking vessels mentioned in paras.

1 and 2, hereof.

Production of Wine

Article 22

The producer shall use, for production of grape must, wine and other

products, only the prescribed oenological practices and prescribed oenological

means that develop and preserve the natural characteristics of grape must, wine and

other products.

In case oenological practices and oenological means mentioned in para.1

hereof are not prescribed, oenological practices and oenological means prescribed

by the International Organisation for Vine and Wine (Organisation Internationale de la

Vigne et du Vin) shall apply, which have been published in its official publications.

The Minister shall define oenological practices and oenological means for

production of grape must, wine and other products.

Fortification of Pomace or Grape must

Article 23

Chaptalisation, rectified grape must and rectified concentrated grape must

(hereinafter: fortification) of pomace or grape must used for production of wine with

geographical indications is prohibited.

If due to extremely poor weather conditions, grapes have a sugar content

lower than standard for a certain variety from the given viticultural area, it may be

fortified in the quantity ensuring content of natural alcohol in accordance with the

regulation defining wine quality.

Fortification of pomace or grape must shall be approved by the Ministry on

the basis of findings on the sugar content in grapes, grape must or pomace of an

agricultural inspector.

Fortification of pomace or grape must shall be conducted in the presence of

an Agricultural Inspector.

Fortification of pomace or grape must to be used for production of „vrhunsko

vino sa kontrolisanim i garantovanim geografskim poreklom i kvalitetom“ is

prohibited.

The Minister shall define the method and control of fortification of pomace or

grape must.

Quality Parameters and Methods

Article 24

Grape must, wine and other products shall have prescribed quality

parameters with respect to physical, chemical, microbiologic and organoleptic

characteristics.

If the values of certain quality parameters are not provided for by the

respective legislation, the values recommended by the International Organisation for

Vine and Wine (Organisation Internationale de la Vigne et du Vin), published in their

official publications, shall apply.

The physical, chemical, microbiologic and organoleptic characteristics of

grape must, wine and other products shall be established by prescribed methods. If

not so prescribed, these shall be established pursuant to the methods defined by the

International Organisation for Vine and Wine.

The Minister shall define parameters and methods for analysis and quality

assurance of grape must, wine and other products.

Mixing of Grapes, Pomace, Grape must, Wine and Other Products

Article 25

Mixing of grapes, pomace, grape must, wine and/or other products shall be

allowed solely for the purpose of alignment of quality in accordance with this Law.

Blending of wine produced on the territory of the Republic of Serbia with the

imported wines is prohibited.

The provision set forth in para. 2 hereof shall not refer to blending of “stono

vino” originating in the Republic of Serbia with wine without geographical indications

from countries that the Republic of Serbia has a signed international agreement or

signs an agreement in the meantime providing for cumulation of origin.

Inadequate Grape Must, Wine and Other Products Produced

Article 26

If grape must, wine and other products do not satisfy the requirements set

forth herein, the producer shall take action pursuant to the instruction of an

Agricultural Inspector.

The costs of practices involving this grape must, wine and other products

shall be borne by the producer.

 

IV QUALITY CONTROL AND ORGANOLEPTIC TESTING

Subject of Quality Control and Organoleptic Testing

Article 27

Prior to bottling, declaring and marketing, wine and other products shall be

subject to mandatory quality control and organoleptic testing, in accordance with this

Law.

Quality of wine and other products shall be the responsibility of the producer

or importer.

Quality control and organoleptic testing of wine and other products shall

include assessment of: fulfillment of physical, chemical and organoleptic

characteristics of a certain class and category of wine, and/or class of other products;

alignment and conformity of quality with the accompanying documents placed on the

market; alignment and conformity of quality of imported wines and/or other products

with the certificate of the state – exporter and the certificate of market approval for

that wine and/or other products in the Republic of Serbia and other conditions

provided for in this Law.

Wines and other products shall not be put to the market if, upon quality

control and organoleptic testing, it is established that there exist no alignment and

conformity with the accompanying documents or the certificate of the state – exporter

and other conditions provided for in this Law.

Authorised Laboratory

Article 28

Quality control of grape must, wine and other products and validation of their

conformity with the legislations related to quality shall be conducted by a laboratory

authorised by the Ministry.

The Minister shall stipulate conditions to be fulfilled by the laboratory with

respect to technical and professional capacities, reference methods for physical,

chemical and microbiological analyses of wine as well as of organoleptic testing.

The authorisation shall be given by a Ministerial certificate.

The certificate of the Minister mentioned in para. 3 hereof shall be final and

administrative proceedings may be initiated against it.

The Minister shall revoke the authorisation if established that the laboratory

does not fulfill the prescribed conditions or that the authorisation had been issued on

the basis of erroneous or false data.

The laboratory shall compose a Report on the completed control mentioned in

para. 1 hereof.

Organoleptic Testing

Article 29

Organoleptic testing of „stono vino“, imported wine in the original packaging

and other products shall be conducted by an authorised laboratory.

Organoleptic testing of wines with geographical indications shall be

conducted by an Organoleptic Testing Commission comprised of trained

representatives of wine tasters registered on the List of Wine Tasters appointed by

the Minister.

Organoleptic testing of wines with geographical indications shall be

conducted by an Organoleptic Testing Commission organised by an authorised

laboratory that shall ensure impartiality in testing of wine which is assessed under

codes.

The Minister shall define the procedure and methods of organoleptic testing

of wine, method of training and control of professional competence of wine tasters,

draw a List of Wine Tasters and the level of fees for their work.

Packaging and Declaring

Article 30

Wine and other products shall be packaged and declared in accordance with

the provision stipulating quality thereof.

Packaging and declaring of wine shall be performed by a producer or

importer.

The declaration must be readily visible, clear and legible.

Repackaging of original filling of wine and subsequent declaring, as well as

use and/or putting another producer’s declaration onto the packaging as well as sale

of so declared wine shall be prohibited.

The Minister shall define the method of packaging, declaring and labelling of

wine and other products in production and market.

Registration Marks for Wines with Geographical Indications

Article 31

A producer of wine with geographical indications produced in accordance with

this Law shall label the wine with a registration mark.

Labelling mentioned in para.1 hereof shall be made by pasting a registration

mark onto each individual original filling of wine.

The number of registration marks the producer is entitled to shall be allocated

on the basis of the quantity of wine he fulfilled conditions stipulated in para. 1 hereof

and numbers of individual packaging.

The Minister shall define the appearance, content and method of displaying

registration marks mentioned in the para. 1 hereof.

Issuance and Records of Registration Marks

Article 32

The Ministry shall issue registration marks and keep records of issued and

utilised registration marks, and the producer shall keep records on the used

registration marks.

The producer shall return the damaged and unused registration marks to the

Ministry.

 

V DESIGNATION OF WINE WITH GEOGRAPHICAL INDICATIONS

1. Types of Designations of Wine with Geographical Indications

Article 33

Wine with geographical indications shall be designated by:

1) Geographical indications;

2) Traditional terms: term of wine category and additional term;

3) Recognised traditional terms.

Geographical Indications

Article 34

Geographical indications are:

1) Protected geographical indication;

2) Protected designation of origin.

Protected geographical indication is the name of the unit used for wine

possessing quality, reputation and other specific characteristics attributable to its

geographic origin if minimum 85% grapes are grown in that unit, if wine is produced

in that unit and if the wine is produced from one or more varieties of species Vitis

vinifera L, or varieties obtained by breeding of species Vitis vinifera L. and other vine

varieties of genus Vitis.

Protected designation of origin is the name of the region and/or wine-growing

district used for wine the quality and characteristics of which are conditioned solely

by the given region and/or wine-growing district with natural and human factors

where grapes and wine are produced solely in that region and/or wine-growing

district and where the wine is produced from one or more varieties of species Vitis

vinifera L.

The name of the region and/or wine-growing district may be supplemented by

the name of location (position) or wine-growing oasis if grapes for the given wine

originate from that location (position) or wine-growing oasis.

The Minister shall define designations geographical indications, method and

procedure of registration, maximum grapes yield and method and procedure of

production and designation of wine with geographical indications, content of

application, content of technical documentation and other conditions for registration

of geographical indications.

Term of Wine Category

Article 35

„Geografska indikacija“ or „G.I.” is a traditional term for wine category

“regionalno vino” if minimum 85 % grapes are grown in certain unit, if wine is

produced in the unit, if it has a stipulated quality and fulfills conditions related to the

applied oenological means and oenological practices, if the grapes are grown from

the recommended varieties of vine grapes with an adequate yield and which was

approved and registered as such.

„Kontrolisano poreklo i kvalitet“ or „K.P.K“ is a traditional term for wine

category „Kvalitetno vino sa kontrolisanim geografskim poreklom i kvalitetom“, if

grapes and wine are produced in certain region, if it has a stipulated quality and

fulfills conditions related to the applied oenological means and oenological practices,

if the grapes are grown from the recommended varieties of vine grapes with an

adequate yield and which was approved and registered as such.

„Kontrolisano i garantovano poreklo i kvalitet“ or „K.G.P.K“ is a traditional term

for wine category „Kvalitetno vino sa kontrolisanim geografskim poreklom i

kvalitetom“, if grapes and wine are produced in certain region, if it has a stipulated

quality and fulfills conditions related to the applied oenological means and

oenological practices, if the grapes are grown from the recommended varieties of

vine grapes with an adequate yield and which was approved and registered as such.

The term of category is displayed only in conjunction with the designation of

geographical indications.

The Minister shall define the method and procedure of recognition, production

and designation of wine with a term of category, content of application, content of

technical documentation and other conditions for approval of the traditional terms of

wine category.

Additional Term

Article 36

An additional term is a traditional term that designates wine with special

characteristics, method of production which was approved and registered as such.

An additional term in the wine category of „regionalno vino“ may be: „mlado

vino“ („young” wine), „sopstvena proizvodnja“ („personal production”), wine „od

grožda proizvedeno organskom metodom” (of grapes produced by organic

methods”), etc.

An additional term in the wine category of „kvalitetno vino sa kontrolisanim

geografskim poreklom i kvalitetom“ may be: „mlado vino“ („young” wine), „sopstvena

proizvodnja“ („estate bottled”), „arhivsko“ („archive”) wine (or „rezerva“ – „reserve”),

wine „od grožda proizvedeno organskom metodom” (of grapes produced by organic

methods”), etc.

An additional term in the wine category of „vrhunsko vino sa kontrolisanim i

garantovanim geografskim poreklom i kvalitetom“ may be: „kasna berba“ („late

vintage”), „probirna berba“ („selective vintage“), „odabrane bobice“ („selected

berries)”, „suvarak” („dry grapes for dessert wine”), „arhivsko“ („archive”) wine (or

„rezerva“ – „reserve”), wine „od grožda proizvedeno organskom metodom” (of grapes

produced by organic methods”), etc.

An additional term is indicated only in conjunction with geographical

indications and the term of wine category.

The Minister shall define additional terms, method and procedure of

registration, production and designation of wine with additional term, content of

application, content of technical documentation and other conditions for registration

of the additional term.

Recognised Traditional Term

Article 37

A recognised traditional term is term for designation of wines produced

traditionally in a certain wine-growing area, with special characteristics that have a

long-standing, unchanged quality proved by the technical documentation approved

by the Ministry and approved and registered as such.

The Minister shall define terms for recognised traditional terms, methods and

practices of registration, production and designation of wine with recognised

traditional term, content of application, content of technical documentation and other

conditions for registration of recognised traditional term.

2. Control organisation

Article 38

Activities related to geographical indications, control of production of grapes

to be used for production of wine with geographical indications, control of wine

production, quality control and testing of wine with geographical indications shall be

executed by the Ministry.

The Ministry may authorise the activities related to control of production of

grapes to be used for production of wine with geographical indications and control of

wine with geographical indications, to the Control organisation fulfilling the conditions

stipulated in this Law.

The Ministry shall authorise a Control organisation to perform the activities

mentioned in para. 1 hereof on the basis of a public competition.

The Minister shall revoke the authorisation if established that the Control

organisation does not execute activities in accordance with the conditions stipulated.

The Minister shall define technical conditions to be fulfilled by the Control

organisation and human resources thereof, method of managing activities related to

geographical indications, operational method and practices of Control organisation,

control of grapes to be used for production of wine with geographical indications and

control of production of wine with geographical indications.

Registration of Designations of Wines with Geographical

Indications

Article 39

A producer may produce a wine with geographical indications on the basis of

an earlier obtained Certificate of the Ministry on registration of designation for that

wine with geographical indications.

The application for issuance of the certificate mentioned in para. 1 hereof,

shall be accompanied by a technical documentation on production of wine with

geographical indications.

The certificate of the Minister mentioned in para. 1 hereof shall be final and

administrative proceedings may be initiated against it.

International registration of designations of wines with geographical

indications shall be subject to legislations regulating geographical indications.

Application for Control of Production of Wine with Geographical

Indications

Article 40

A producer shall submit to the Ministry an Application for control of production

of wine with geographical indications each year by 31 October in the current year for

control of production of grapes and wine with geographical indications the production

of which is to begin in the following calendar year on the basis of an issued decision.

 

Control of Production of Wines with Geographical Indications

Article 41

Control of production of wine with geographical indications shall be ensured

through control of production of grapes to be used for production of wine with

geographical indications on a certain wine-growing area characterised by specific

climate, soil and other conditions, control of production of wine with geographical

indications, quality control and organoleptic testing of wine with geographical

indications, with a view to issuance of a certificate of fulfilment of conditions for using

designations and marketing the wine with geographical indications from that year of

vintage.

Use of Designation and Marketing of Wine with Geographical

Indications

Article 42

A Control organisation shall compose a Report and an expert opinion with

accompanying documents on the basis of the performed control of production of

grapes and wine with geographical indications and testing, quality control and

organoleptic testing of wine.

The Ministry shall issue a Certificate on fulfilment of conditions for use of

designation and marketing of wine with geographical indications from that year of

vintage on the basis of an expert opinion and the accompanying documents

mentioned in para. 1 hereof.

The certificate mentioned in para. 2 hereof is final and subject to

administrative proceedings may be initiated against it.

Costs of Control

Article 43

The costs of execution of activities related to geographical indications, control

of production of grapes to be used for production of wine with geographical

indications, control of production of wine with geographical indications as well as

quality control and organoleptic testing of wine with geographical indications shall be

borne by the producer.

The level of costs mentioned in para. 1 hereof shall be set by the

Government.

The proceeds generated on the basis of costs mentioned in para. 1 hereof

shall constitute the income in the budget of the Republic of Serbia.

3. Prohibitions of Use of Designations

Article 44

A producer and importer of wine shall not:

1) Use designations, names, photographs, drawings, etc. potentially

misleading to consumers with respect to indications of wine and wine category;

2) Translate designations of wines with geographical indications;

3) Use the words „imitation”, „kind”, „type”, „style”, „method”, „such as”,

„taste” etc. or any similar terms implying or recalling labels of wine with geographical

indications;

4) Indicate ingredients or characteristics that a wine does not possess;

5) Indicate information on special characteristics which other wines

possess;

6) Use any other procedure potentially misleading to consumers with

respect of the true indications and quality of wine;

7) Use a registered designation stating the true indications of wine in

absence of a certificate on fulfilment of conditions for use thereof and marketing that

wine with geographical indications from that vintage year.

Wine the declaration of which contains or indicates the name of appellation

and designation of geographical indications shall not be protected by a trademark if

use thereof would result in activity mentioned in para. 1 hereof.

If the marketing name of the wine contains, directly or indirectly, include the

geographic expression, such a marketing name shall not be used even if the wine is

truly produced in a given wine-growing area, the title of which is directly or indirectly

contained in the marketing name of the wine, and if it has no Certificate on

registration of geographical indications and a certificate on fulfilment of conditions for

use thereof and marketing that wine with geographical indications from that vintage

year.

The Certificate on registration of designations for wines with geographical

indications shall not affect validity of registered trademark or the right to use a

trademark identical or similar to the registered designation for wine with geographical

indications, if the trademark has been registered in good faith prior to passing the

Certificate on registration of designation of wine with geographical indications.

Relationship to Designations of Geographical Indications of

Other States

Article 45

The provisions of Article 44 hereof shall not apply to wines with geographical

indications of other states or regional organisations registered by the Republic of

Serbia on the basis of international agreements signed, except when the designation

of geographical indications has not ceased to be protected in the country of

indications or regional organisation or is no longer being used in that state or regional

organisation.

VI MARKETING

Conditions for Wine Marketing

Article 46

Wine shall be marketed or offered to end consumers only in its original filling

of the prescribed quality. The wine in the original filling is that which has been filled

into the prescribed packaging and declared as prescribed in accordance with this

Law.

Exceptionally from para. 1 hereof, the producer of wine may offer “stono vino”

produced from his own grapes to end consumers in bulk within his own winery where

the wine has been produced and on wine fairs registered with the Ministry.

The Minister shall define conditions of marketing wine in the original filling as

well as the type of packaging.

Transport in Marketing

Article 47

Transport of marketed grapes shall be accompanied by a dispatch note.

A producer may buy or sell wine and other products only from another

producer in bulk as a raw material for additional processing and production with

earlier secured proof of controlled and established quality of that wine or other

product.

The proof of controlled and established quality of that wine or other product

marketed in bulk shall be forwarded to the buyer (producer) with the dispatch note.

Conditions of Transport, Storing and Marketing

Article 48

Grapes, wine and other products shall be transported, stored and marketed

and the grapes, grape must, pomace, wine and other products shall be transported

but not for marketing purposes in a way securing physical, chemical, microbiological,

organoleptical and other characteristics.

The Minister shall define conditions of transport, storing and marketing of

grapes, wine and other products.

Timeframes for Marketing of Wine

Article 49

Wines with geographical indications may be put on the market as of the date

indicated in the technical documentation for that wine with geographical indications.

Wine with an additional traditional term „mlado” wine may be put on the

market no later than 31 March of the year following the year of harvesting of grapes.

Prohibitions Related to Marketing

Article 50

Marketing of wines and other products:

1) In bulk at the markets and catering facilities, nor display thereof;

2) The service packaging of which was performed by a packager not

registered in the Wine Register;

3) That have , a shortcoming, a defect or a mistake, and that are not fit for

human use, except for additional processing,

shall not be allowed.

Import of Grapes, Wine and Other Products

Article 51

Quality and declaring of grapes, wine and other products imported into the

Republic of Serbia with a view to additional processing, production or sale shall fulfill

conditions set forth in this Law and the provisions passed on the basis thereof and

shall be accompanied by certificates of an authorised organisation of the exporting

country.

Wine imported in bulk shall be declared as “stono vino” only.

If wine is imported in bulk for direct use, it shall be marketed only as a wine in

original filling.

Imported wines in the original filling offered to the end consumes shall display

the name of the importer and all the data from the declaration in Serbian, identical to

the date on the original declaration, except for the designations of wines with

geographical indications which shall not be translated.

Sampling and Conditions at Import

Article 52

An Agricultural Inspector shall take a sample from each consignment of

imported grapes, wines and other products and send it for quality control, and also to

organoleptic testing for wines and other products.

A Agricultural Inspector shall establish whether the quality and organoleptic

testing correspond to the certificate of indications and quality issued by the

authorised organisation of the exporting country, as well as fulfillment of conditions of

prescribed quality in the Republic of Serbia with a view to marketing of grapes, wine

and other products except if not otherwise provided for by an international

agreement.

The Minister shall define the method of sampling, quality control and

organoleptic testing, as well as conditions of marketing of imported grapes, wine and

other products.

Conditions at Export

Article 53

Grapes, wine and other products to be exported shall fulfil conditions

stipulated herein.

Exceptionally from para. 1 hereof, grapes, wine and other products to be

exported may be produced and exported also if not fulfilling all conditions stipulated

herein, on the basis of the Application form of an importer from abroad and with the

approval of the Ministry.

Each consignment of grapes, wine and other products to be exported shall be

accompanied by a quality certificate.

Exceptionally from para. 3 hereof, the quality certificate shall not be requested

for exports of quantities of grapes, wines and other products to be used for one time

presentation.

Procedural Costs

Article 54

The costs of administrative procedure shall be borne by the applicant as

follows:

1) Issuance of Certificate on registration into the Vineyard Register;

2) Issuance of Certificate on cancelling from the Vineyard Register

3) Issuance of Certificate on registration into the Wine Register;

4) Issuance of Certificate on cancelling from the Wine Register.

The proceeds mentioned in para. 1 hereof shall be paid by the applicant onto

the adequate account for payment of public revenues of the budget of the Republic of

Serbia.

The level of costs shall be established in accordance with the provisions on

charges related to administrative practices.

A legal person, entrepreneur and a natural person shall pay charges for:

1) Verification of fulfilment of conditions for growing grapes;

2) Verification of fulfilment of conditions for production of grape must, wine

and other products;

3) Inspection of shipments at import or export of grapes, wine and other

products.

The proceeds generated from the charges mentioned in para 4 hereof shall

constitute the revenue of the budget of the Republic of Serbia.

The level of charges mentioned in para. 4 hereof shall be determined by the

Government.

VII SUPERVISION

Inspection and Supervision

Article 55

Inspection and supervision of application of provisions of this Law and

legislations passed on the basis thereof shall be conducted by the Ministry through

an Agricultural Inspector.

Functions of an Agricultural Inspector

Article 56

The functions of a Agricultural Inspector may be performed by Graduate

Engineer for food technology of plant products; Graduate Engineer of technology,

department of food engineering – microbiological processes; Graduate Engineer of

agriculture – fruit growing and viticulture; Graduate Engineer for food technology of

plant products – master, department of conservation and fermentation, or department

for security and quality management in food production; Graduate Engineer of

technology – master, biotechnological or food technology expertise; Graduate

Engineer of agriculture – master, department of fruit growing and viticulture who has

obtained a professional certification of the state and minimum three years of work

experience.

The functions of an Agricultural Inspector may be performed also by persons

holding a university degree of another profession acquired by the date of registration

into force of this Law if they had discharged the functions of Agricultural Inspector

until the date of registration into force of this Law.

 

Supervision of Authorized Operations

Article 57

Supervision of operation of the expert organisation for Vineyard Register,

authorised laboratory and control organisation in execution of functions entrusted to it

shall be conducted by the Ministry in accordance with the legislations regulating state

administration.

Official Identification, Emblem and Uniform

Article 58

In performing the functions related to inspection and supervision, an

Agricultural Inspector shall have official identification card, an emblem proving his

duty and a uniform.

The Minister shall define the form and content of an official identification card,

type of uniform and shape of emblem mentioned in para. 1 hereof, as well as keeping

records on the official identifications issued.

Rights and Functions of Agricultural Inspector

Article 59

In performing the functions related to inspection and supervision, an

Agricultural Inspector shall have the right and duty to inspect:

1) If the grapes in a vineyard are produced from the allowed and

recommended varieties of vine, the number of vine-stock and yield per vine-stock,

content of sugar in grapes;

2) If conditions relevant to production of grapes are fulfilled;

3) If a grape grower registered change of data within a prescribed

timeframe;

4) If an authorised organisation for handling the Vineyard Register performs

functions related thereto in accordance with the provisions of this Law and the

conditions passed on the basis thereof;

5) If grapes are grown in accordance with the provisions of this Law;

6) If conditions relevant to production of grape must, wine and other

products in accordance with this Law are fulfilled;

7) If a producer of wine, grape must and other products registered change

of data within a prescribed timeframe;

8.) If winery records are handled in accordance with para. 1, Article 20

hereof;

9) If winery records and the pertaining documents are handled for a

prescribed timeframe;

10) If each vessel with grape must, pomace, wine and other products in bulk

to be used for production, ageing and storage of wine and other products has been

labelled in accordance with paras. 1 and 2, Article 21 hereof;

11) If grape must, wine and other products have been marketed despite of a

defect;

12) If nothing but allowed oenological practices and oenological means are

used in production of grape must, wine and other products;

13) If sugar, rectified grape must and rectified concentrated grape must are

added to grape must or pomace to be used for production of wines with geographical

indications;

14) If pomace or grape must are fortified on the basis of an approval of the

Ministry and in the presence of an Agricultural Inspector;

15) If pomace or grape must to be used for production of „Vrhunsko vino sa

kontrolisanim i garantovanim geografskim poreklom i kvalitetom“ are fortified;

16) If the quality of grape must, wine and other products correspond to the

provisions of this Law;

17) If grapes, pomace, grape must, wine, or other products are mixed as

provided for in this Law;

18) If the producer acted upon instruction of a Agricultural Inspector in cases

when grape must, wine and other products do not correspond to the requirements set

forth in this Law;

19) If the producer conducted quality control and organoleptic testing of wine

and other products prior to filling, declaring and marketing;

20) If the quality and organoleptic testing of wine marketed correspond to the

accompanying documents and the Certificate of the exporting state;

21) If the authorised organisation fulfills conditions for control of the quality of

wine and other products in accordance with this Law;

22) If an authorised laboratory conducts organoleptic testing of “stono vino”,

imported wine in original filling and other products;

23) If the board comprised of representatives of wine tasters form the List of

Wine Tasters in accordance with this Law conducts organoleptic testing of wine with

geographical indications;

24) If packaging and declaration of wine and other products fulfill the

provisions set forth in this Law;

25) If repackaging of original filling of wine and subsequent declaring, as well

as use and placing of another producer’s declaration on the packaging, and sale of

so declared wine is conducted in accordance with this Law;

26) If each packaging of wine with geographical indications is labelled by a

registration mark;

27) If the producer of wine returned the damaged or unused registration

marks to the Ministry;

28) If the wine with geographical indications is produced in accordance with

this Law;

29) If the wine with geographical indications is labelled in accordance with

this Law;

30) If the control organisation fulfills the conditions and performs functions

related to geographical indications and control of production of grapes to be used for

production of wine with geographical indications and quality control and organoleptic

testing in accordance with this Law;

31) If the producer of wine with geographical indications has a Certificate of

the Ministry on registration of designation of geographical indications for that wine;

32) If the producer of wine and importer acts in accordance with the

provisions of Article 44 hereof;

33) If the original filling of wine of marketed and offered to end consumers is

of the prescribed quality;

34) If the original filling of wine is packaged into a prescribed packaging and

declared in a prescribed manner;

35) If dispatch notes accompany transport of the marketed grapes;

36) If the producer of wine buys and sells wine and other products solely

from another producer in bulk with a view to additional processing;

37) If the wine marketed in bulk bears the Certificate of quality controlled and

assessed and the dispatch note;

38) If grapes, wine and other products are transported, stored and sold in

such a way as to ensure preservation of physical, chemical, microbiological,

organoleptic and other characteristics;

39) If wine with geographical indications is marketed in accordance with the

date stated in the technical documentation for that wine;

40) If wine with an additional traditional label „mlado” wine is marketed after

31 March in the year following the year of harvest;

41) If marketing of wine and other products is contrary to provisions of Article

50 hereof;

42) If the quality and declaring of grapes, wine and other products imported

with a view to processing, additional production and sale fulfill the conditions set forth

in this Law and whether they are accompanied by a Certificate of an authorised

organisation of the exporting state;

43) If the wine imported in bulk is declared as “stono vino”;

44) If the wine imported in bulk is marketed for direct human use only as wine

in the original filling;

45) If the imported wine declared as being marketed is in accordance with

para. 4, Article 51 hereof;

46) If the imported grapes, wine and other products fulfill the conditions set

forth in this Law;

47) If the grapes, wine and other products to be exported which do not fulfill

all the conditions set forth in this Law are exported with the approval of the Ministry;

48) If each consignment of grapes, wine and other products exported is

accompanied by a quality certificate;

49) Execution of measures provided for in this Law.

In performing his functions related to quality control and testing, an

Agricultural Inspector may take samples of grapes, wine and other products without

compensation.

Authority of an Agricultural Inspector

Article 60

In performing the functions mentioned in para. 1, Article 59 hereof, an

Agricultural Inspector may:

1) Prohibit production of grapes if the prescribed conditions are not fulfilled

or if production takes place without proof of fulfillment of the prescribed conditions;

2) Prohibit production of wine and other products if the prescribed

conditions are not fulfilled or if production takes place without proof of fulfillment of

the prescribed conditions;

3) Order removal of wine defects in application of provisions related to wine

and other products being produced or marketed and define a timeframe for removal

thereof;

4) Prohibit marketing of wine and other products the quality, packaging and

labelling and declaring of which is not in accordance with the provisions of this Law;

5) Prohibit marketing of wine and other products in bulk if such marketing is

not conducted by a wine producer;

6) Confiscate and exterminate wine and other products being marketed in

bulk on green markets and restaurants;

7) Prohibit production of wine and other products if he identifies use of

unallowed oenological means in production, seize unallowed means and vines in the

production of which these means were utilized or seize the wine that was produced

using the unallowed oenological procedure;

8.) Put a temporary prohibition on marketing of wine and other products if

the quality control and organoleptic testing had not been conducted prior to

marketing;

9) Prohibit marketing of wine with a designation of geographical indications

for which a marketing approval had not been issued;

10) Temporarily confiscate wine put onto market contrary to the provisions

hereof if the seller had not produced this product and confiscate a transport vehicle

and vessels in which the wine is transported or kept;

11) Submit an Application form for initiation of a lawsuit for violation of the

provisions of this Law and the ensuing by-laws;

12) Order other measures and initiate other actions in accordance with this

Law.

The measures mentioned in items 1 – 10 and item 12, para. 1 hereof shall be

ordered by a decision of an Agricultural Inspector.

Agricultural Inspector may exterminate the confiscated unallowed means in

an environmentally safe way or sell them by public advertisement to a producer

allowed to use them in his production.

In case of temporary confiscation of wine, transport vehicle and vessels, an

Agricultural Inspector shall pass a decision on confiscation within three days from the

date of such confiscation.

Jurisdiction over Appeals

Article 61

An appeal against the decision of Agricultural Inspector may be filed with the

Minister within six days from the date of delivery of the decision.

An appeal shall not defer execution of the decision.

 

Costs of Confiscation, Storing and Extermination of Wine and

Other Products

Article 62

The costs incurred during confiscation, storing and extermination of wine and

other products, transport vehicles and vessels shall be borne by the persons that

wine, other products, transport vehicles and vessels were confiscated from.

The confiscated wine and other products may be sold through public

advertisement to the interested producer registered in the Wine Register.

Costs of Control and Establishment of Quality of Samples

Article 63

Agricultural Inspector shall inform the owner of the product that the sample

was taken from of the results of analysis and when the analyzed sample is taken

from original filling, the producer thereof.

A super analysis of a product may be requested within seven days from the

date of information on the result of analysis.

The costs of control and establishment of quality of products the control of

which is requested shall be borne by the client.

The costs of control and establishment of quality of inspected samples of

grapes, wine and other products shall be borne by the producer or a legal person, i.e.

natural person, i.e. an entrepreneur the sample was taken from, if grapes, wine and

other products do not correspond to the quality prescribed or declared, or by the

Ministry if grapes, wine and other products correspond to the quality prescribed or

declared.

VIII PENAL PROVISIONS

Offence

Article 64

A fine of RSD 300,000 to 3,000,000 shall be imposed on a company or other

legal person for an offence if he:

1) Uses grapes from direct producer hybrids and grapes from mother

plantations for production of wine (para. 1, Article 3);

2) Keeps or uses sugar, “rakija”, ethanol or other means and substances

that increase quantity and change the prescribed natural ingredients of grape must

and wine in production plants and storages where wine and other products are

produced and stored (para. 2, Article 3);

3) Engages in grape growing but is not recorded in the Vineyard Register

(para. 1, Article 11);

4) Produces grape must, wine and other products but is not recorded in the

Wine Register (para.1, Article 17);

5) Produces wine but does not have separate premises for production of

wine not interconnected with the premises where distillate is produced, or if

oenological means and inputs are stored in the same premises (para. 4, Article 17);

6) Produces wine and does not have separate vessels for storing (keeping)

of “stono vino” that does not originate from grapes in the Republic of Serbia from the

vessels for storing (keeping) wines produced from grapes in the Republic of Serbia

(para. 5, Article 17);

7) Uses the prescribed oenological practices and the prescribed oenological

means that are not conducive to preservation and development of the natural

characteristics of wine (para. 1, Article 22);

8.) Adds sugar, rectified grape must or pomace to be used in production of

wine with geographical indications (para. 1, Article 23);

9) Fortifies pomace or grape must without the approval of the Ministry (para.

3, Article 23);

10) Fortifies pomace or grape must to be used for production of „Vrhunsko

vino sa kontrolisanim i garantovanim geografskim poreklom i kvalitetom“ (para. 5,

Article 23);

11) Blends wine produced on the territory of the Republic of Serbia with the

imported wine (para. 2, Article 25);

12) Fails to act upon the order of a Agricultural Inspector (para. 1, Article 26);

13) Conducts quality control and organoleptic testing prior to packaging,

declaring and marketing wine and other products (para. 1, Article 27);

14) Puts wine and other products into market despite discrepancies between

the quality and the accompanying documents or a certificate of the exporting state

and other conditions provided for by this Law (para. 4, Article 27);

15) Engages in repackaging original filling of wine and subsequent declaring,

as well as use or putting on the packaging another producer’s declaration as well as

sale of the wine declared in this way (para.4, Article 30);

16) Produces wine with geographical indications without a previously issued

decision of the Ministry on recognition of the designation of geographical indications

for that wine (para. 1, Article 39);

17) Acts in contravention to the provisions of Article 44 hereof;

18) Markets the wine or offers it to the end consumer although it is not in

original filling and of the prescribed quality, not in the prescribed packaging and

declared in a prescribed manner (para. 1, Article 46);

19) Buys and sells wine and other products solely from another producer in

bulk as a raw material for further processing and production and does not have

evidence of controlled and established quality of that wine or another product (para.

2, Article 47);

20) Acts in contravention of provisions of Article 50 hereof;

21) Acts in contravention of provisions of Article 51 hereof when importing

grapes, wine and other products.

A responsible person in a company or another legal person shall also be fined

for the offence mentioned in para. 1 hereof in the amount of RSD 50,000 to 200,000.

In addition to the fine, a legal person and a responsible person shall also be

subject the acts mentioned in para. 1 hereof shall also be subject to a protective

measure of prohibition of conducting certain functions between one and five years.

 

Offences Committed by Companies

Article 65

A fine of RSD 100,000 to 1,000,000 shall be imposed on a company or other

legal person if:

1) Grapes are produced from varieties of vine that are not allowed (para. 2,

Article 10);

2) Fails to act in accordance with the para.3, Article10 hereof in production

of grapes;

3) Fails to act in a way as to preserve all the natural characteristics of wine

in production thereof (para. 5, Article 10);

4) Fails to inform the Ministry of any change of data within 15 days following

such change (para.6, Article 12);

5) Fails to inform the Ministry of any change of data within 15 days following

such change (para. 4, Article 18);

6) Fails to handle wine records and fails to keep it in a prescribed manner

(Article 20);

7) Fails to label each vessel with grape must, pomace, wine and other

products in bulk to be used for production, ageing and storage of wine and other

products as well as vessels with faulty grape must, pomace, wine and other products

(paras. 1 and 2, Article 21);

8.) Puts wine and other products onto the market without having removed

the wine defects (para. 3, Article 21);

9) Fortifies pomace or grape must in absence of Agricultural Inspector

(para. 4, Article 23);

10) Mixes grapes, pomace, grape must, wine and other products in

contravention of the provision of para. 1, Article hereof;

11) Packages and declares wine and other products in contravention of the

provisions stipulating quality thereof (para. 1, Article 30);

12) Fails to label wine with geographical indications with registration mark

(para. 1, Article 31);

13) Fails to return damaged and unused registration marks to the Ministry

(para. 2, Article 32);

14) Offers “stono vino” produced from his own grapes to the end consumer in

bulk outside his own winery where it has been produced (para. 2, Article 46);

15) The transport of marketed grapes is not accompanied by a dispatch note

(para. 1, Article 47);

16) Transports, stores and sells grapes, wine and other products in

contravention of Article 48 hereof;

17) Puts wine with geographical indications or wine with an additional

traditional term „mlado” wine on the market in contravention of the Article 49 hereof;

18) Acts in contravention of Article 53 hereof in importing grapes, wine and

other products.

A responsible person in a company or another legal person shall also be fined

for the offence mentioned in para. 1 hereof in the amount of RSD 10,000 to 50,000.

 

Offences Committed by Entrepreneurs

Article 66

A fine of RSD 150,000 to 500,000 shall be imposed on an entrepreneur if he:

1) Uses grapes from direct producer hybrids and grapes from mother

plantations for production of wine (para. 1, Article 3);

2) Keeps or uses sugar, “rakija”, ethanol or other means and substances

that increase quantity and change the prescribed natural ingredients of grape must

and wine in production plants and storages where wine and other products are

produced and stored (para. 2, Article 3);

3) Engages in grape growing but is not recorded in the Vineyard Register

(para. 1, Article 11);

4) Produces grape must, wine and other products but is not recorded in the

Wine Register (para.1, Article 17);

5) Produces wine but does not have separate premises for production of

wine not interconnected with the premises where distillate is produced, or if

oenological means and inputs are stored in the same premises (para. 4, Article 17);

6) Produces wine and does not have separate vessels for storing (keeping)

of “stono vino” that does not originate from grapes in the Republic of Serbia from the

vessels for storing (keeping) wines produced from grapes in the Republic of Serbia

(para. 5, Article 17);

7) Uses the prescribed oenological practices and the prescribed oenological

means that are not conducive to preservation and development of the natural

characteristics of wine (para. 1, Article 22);

8.) Adds sugar, rectified grape must or pomace to be used in production of

wine with geographical indications (para. 1, Article 23);

9) Fortifies pomace or grape must without the approval of the Ministry (para.

3, Article 23);

10) Fortifies pomace or grape must to be used for production of Vrhunsko

vino sa kontrolisanim i garantovanim geografskim poreklom i kvalitetom“ (para. 5,

Article 23);

11) Mixes wine produced on the territory of the Republic of Serbia with the

imported wine (para. 2, Article 25);

12) Fails to act upon the order of a Agricultural Inspector (para. 1, Article 26);

13) Conducts quality control and organoleptic testing prior to packaging,

declaring and marketing wine and other products (para. 1, Article 27);

14) Puts wine and other products into market despite discrepancies between

the quality and the accompanying documents or a Certificate of the exporting state

and other conditions provided for by this Law (para. 4, Article 27);

15) Engages in repackaging original filling of wine and subsequent declaring,

as well as use or putting on the packaging another producer’s declaration as well as

sale of the wine declared in this way (para.4, Article 30);

16) Produces wine with geographical indications without a previously issued

decision of the Ministry on recognition of the designation of geographical indications

for that wine (para. 1, Article 39);

17) Acts in contravention to the provisions of Article 44 hereof;

18) Markets the wine or offers it to the end consumer although it is not in

original filling and of the prescribed quality, not in the prescribed packaging and

declared in a prescribed manner (para. 1, Article 46);

19) Buys and sells wine and other products solely from another producer in

bulk as a raw material for further processing and production and does not have

evidence of controlled and established quality of that wine or another product (para.

2, Article 47);

20) Acts in contravention of provisions of Article 50 hereof;

21) Acts in contravention of provisions of Article 51 hereof when importing

grapes, wine and other products.

Article 67

A fine of RSD 50,000 to 200,000 shall be imposed on an entrepreneur if:

1) Grapes are produced from varieties of vine that are not allowed (para. 2,

Article 10);

2) Fails to act in accordance with the para.3, Article10 hereof in production

of grapes;

3) Fails to act in a way as to preserve all the natural characteristics of wine

in production thereof (para. 5, Article 10);

4) Fails to inform the Ministry of any change of data within 15 days following

such change (para.6, Article 12);

5) Fails to inform the Ministry of any change of data within 15 days following

such change (para. 4, Article 18);

6) Fails to handle wine records and fails to keep it in a prescribed manner

(Article 20);

7) Fails to label each vessel with grape must, pomace, wine and other

products in bulk to be used for production, ageing and storage of wine and other

products as well as vessels with faulty grape must, pomace, wine and other products

(paras. 1 and 2, Article 21);

8.) Puts wine and other products onto the market without having removed

the wine defects (para. 3, Article 21);

9) Fortifies pomace or grape must in absence of Agricultural Inspector

(para. 4, Article 23);

10) Mixes grapes, pomace, grape must, wine and other products in

contravention of the provision of para. 1, Article hereof;

11) Packages and declares wine and other products in contravention of the

provisions stipulating quality thereof (para. 1, Article 30);

12) Fails to label wine with geographical indications with registration mark

(para. 1, Article 31);

13) Fails to return damaged and unused registration marks to the Ministry

(para. 2, Article 32);

14) Offers “stono vino” produced from his own grapes to the end consumer in

bulk outside his own winery where it has been produced (para. 2, Article 46);

15) The transport of marketed grapes is not accompanied by a dispatch note

(para. 1, Article 47);

16) Transports, stores and sells grapes, wine and other products in

contravention of Article 48 hereof;

17) Puts wine with geographical indications or wine with an additional

traditional term „mlado” wine on the market in contravention of the Article 49 hereof;

18) Acts in contravention of Article 53 hereof in importing grapes, wine and

other products.

Offences Committed by Natural person

Article 68

A fine of RSD 5,000 to 50,000 shall be imposed on a natural person if he:

1) Engages in production and processing of grapes, grape must, wine and

other products of grapes, grape must and wine that are not for his own use (para. 1,

Article 4);

2) Produces grapes from the varieties of wine that are not allowed (para. 2,

Article 10);

3) Acts in contravention of para. 3, Article 10 hereof in production of grapes;

4) Acts in a way not preserving all natural characteristics of grapes in

production of grapes (para. 5, Article 10);

5) Grows grapes for the market but has not registered in Vineyard Register

(para. 3, Article 11);

6) Fails to inform the Ministry of any change of data within 15 days from the

date of change (para. 6, Article 12);

7) The transport of grapes marketed is not accompanied by a dispatch note

(para. 1, Article 47);

8.) Transports, stores and sells grapes in contravention of Article 48 hereof.

 

IX TRANSITIONAL AND FINAL PROVISIONS

Timeframe for Alignment of Legal and Natural person and

Entrepreneur

Article 69

A legal person and an entrepreneur engaged in production of grapes, grape

must, wine and other products or a natural person engaged in production of grapes

shall align his operation with the provisions of this Law within two years following the

date of registration into force thereof.

The producers, who produce wine with geographical indications by the date of

registration into force of this Law in another viticultural area relative to the winegrowing

area where grapes used for production of that wine are grown, may

designate these wines with a registered designation of geographical indications of

that wine-growing area until 2020.

Article 70

The producers who have acquired the status of an authorised user of the

PDO or PDI in accordance with the Law on Designations of Geographical Indications

(„Official Gazette of Serbia and Montenegro”, no. 20/06) shall retain this status until

the date of its expiry as registered in the Register of Authorised Users of the

Designation of Geographical Indications, or Register of Authorised Users of

Geographic Indications.

The provisions of this Law shall be applicable also to the registration of the

PDO or PGI for wines with geographical indications, submitted by the date of

registration into force of this Law and which are not subject to completion of

administrative proceedings.

Application of By-Law Legislations

Article 71

Until the enactment of by-law legislations based on authorisations hereof, the

following by-laws shall apply:

1) By-Low on Viticulture Zoning („Official Gazette of Federal Republic of

Serbia”, no. 54/90);

2) By-Low on Protection of Geographical indications of Wine and „Rakija“

(„Official Gazette of Federal Republic of Serbia”, no. 23/80 and 30/80-corrigendum)

and

3) By-Low of Quality and Other Requirements for Wine („Official Gazette of

Federal Republic of Yugoslavia”, nos. 54/99, 39/02 and “Official Gazette of Serbia

and Montenegro” no. 56/03).

Abrogation of Previous Legislation

Article 72

At the date of coming into force of this Law, the provisions of the Law on Wine

and „Rakija“ shall be repealed („Official Gazette of the Republic of Serbia”, nos.

70/94, 13/02-SUS and 101/05-other law) relating to wine.

At the date of coming into effect of this Law, the provisions of the Law on

Designations of Geographical indications („Official Gazette of Serbia and

Montenegro”, no. 20/06) shall be repealed relating to regulation of designation of

wines with geographical indications, with the exception of provisions regulating

international registration of markings of geographical indications of wine.

Coming into Effect

Article 73

This Law shall enter into force on the eighth day following its publication in the

„Official Gazette RS”.