Los Consejos Reguladores como autoridad de control de las indicaciones geográficas protegidas

Abstract

[eng] In Spain, the management bodies of the Protected Geographical Indications (hereinafter, PGI) must be controlled by the respective competent authority, either the State or Autonomous Community administration, or directly through its bodies or by bodies integrated therein. However, the constituent rules of some Protected Geographical Indications attribute the functions of their management and control to their respective Regulatory Councils, which are configured as autonomous bodies, distinct from the competent authority, which are qualified as «sole control authorities». This may raise interpretative problems: First, it may be raised whether a Regulatory Council of a PGI can act as an authority without being part of the Administration. Secondly, what is the scope of the functions of the Regulatory Councils that act as the control authority of the PGI, and whether they can do so. Although the analysis will be based on the interpretation of the European Union regulations on PGI, and on the national and regional regulations applicable to two PGI (the PGI «Sobrasada de Mallorca» and «Ensaïmada de Mallorca»), the arguments and conclusions we reach are applicable to the exercise of the powers attributed (and not only delegated) to the Regulatory Councils of PGI that are qualified as control authorities.