Legislation

Co-ordinated Text of law no.188/1990 and amendments made with art.44 of law 6.2.1996 no.52

Protection of artistic, traditional and quality ceramics.

INDEX

Art. 1 - Aims of the law
Art. 2 - Protected ceramic productions
Art. 3 - Registers of ceramics manufacturers
Art. 4 - Establishment and duties of the National Ceramic Council
Art. 5 - Composition of the National Ceramic Council
Art. 6 - Regulation of enforcement
Art. 7 - Disciplinary Committees
Art. 8 - Rules and regulations for production 
Art. 9 - Voluntary cooperatives
Art. 10 - Recognition of voluntary cooperatives
Art. 11 - Production control 
Art. 12 - Financing
Additional article - (clause 3 of art. 44 of law no.52 dated 6.2.96)
NOTE

The Chamber of Deputies and the Senate of the Republic have approved; 

THE PRESIDENT OF THE REPUBLIC
PROMULGATES

The following law:

Art. 1
Aims of the law

1. The protection of the artistic and traditional ceramics name, aimed at defending and preserving the technical as well as productive features of these latter, is applied by the affixture of the "artistic and traditional ceramics" mark (1), in compliance with a sample-rule approved by the National Ceramic Council referred to in article 4 (2). The protection of other ceramic productions, manufactured in compliance with the rules approved by the National Ceramic Council (3), is applied by the affixture of the "quality ceramics" mark (4).

2. The decorations, sizes and quality of ceramics are protected by: 
a. the National Ceramic Council;
b. the disciplinary Committees;
c. regions or local institutions, within their authority;
d. the voluntary competitions among artistic and traditional ceramics of well-established ceramic tradition, identified as per article 4, clause 2.

Art. 2
Protected ceramic productions

1. The law hereto is aimed at protecting the artistic and traditional ceramics produced on the bases of sizes, decorations, techniques and styles which became the historical and cultural heritage of well-established ceramic tradition areas, that is according to those innovations which draw inspiration from tradition.

2. Any other production is considered as quality ceramics provided that it is manufactured within the National territory and in compliance with the relevant rules approved by the National Ceramic Council.

3. The marks referred to in art.1 allow the identification of the manufacturer, the place of origin and the products types of materials used - porcelain, stoneware, common terracotta and majolica or earthenware - in compliance with UNI regulations.

Art. 3
Registers of ceramics manufacturers

1. With the aims referred to in articles 1 and 2 the "artistic and traditional ceramics manufacturers' register" and the "quality ceramics manufacturers' register" are created (5) , respectively kept by the Handicraft Commission of the Province together with the Chamber of Commerce, Industry, Handicraft and Agriculture having authority on the territory. 

2. The application of registration in the register can be sent by each ceramic manufacturer as well as by the owners or legal representatives of ceramics manufacturing companies according to the terms and conditions defined by the National Ceramic Council. 

3. The registration is ordered by the Handicraft Commission of the province upon advice of the Committee referred to in articles 7 and 11, or by the Chamber of Commerce, Industry Handicraft and Agriculture according to the National Ceramic Council provisions. 

3-bis.
Likewise, the National Ceramic Council creates a "register of artistic and traditional ceramics manufacturers" and a "register of quality ceramics manufacturers" for the registration of ceramics manufacturers belonging to the European Union Member States on their explicit request.

Art. 4
Establishment and duties of the National Ceramic Council

1. The National Ceramic Council has been established to protect the artistic and traditional ceramics, increasing the value of its historical and cultural traditional heritage, as well as the typical models and decorations, along with the quality ceramics.

2. The Council: 
a) identifies and defines, within a year from its charge and after consulting the regions and institutions involved, the areas of the National territory in which a well-established production of artistic and traditional ceramics is under way (6) also understanding - in case of well-known and historical situations - also the adjacent areas where there is a ceramic production classified in types, characters and qualities to be compared to it; 
b) defines and approves the rules and regulations of artistic and traditional ceramics production of each area, defining the town council where the disciplinary Committee will be situated (7); 
c) defines and approves the rules and regulations of quality ceramics (8); 
d) once heard the most representative organizations of producers as well as the region concerned, appoints its representatives in the disciplinary Committees referred to in article 7; 
e) if necessary, amends with variations and updating the production rules with the procedure used to establish these latter; 
f) inspects the appeals referred to in article 7, clause 7, and applies the decisions judged necessary; 
g) supervises the enforcement of the law hereto and the observance of production rules and regulations; 
h) co-operates for the initiatives of study and promotion aimed at achieving the increase of value of protected productions. In particular, in accordance with the regions and town councils concerned, promotes the establishment of an International Exhibition of Italian Ceramic Arts, with popular, cultural and marketing initiatives to be alternatively held in a well-known area of ceramic tradition and in Central-Southern Italy; 
i) participates, in Italy and abroad, to the protection of artistic and traditional Italian ceramics, as well as of quality ceramics, co-ordinating its activity with that of the regions, the Government, the associations or ceramic institutions and any other institution or board concerned; 
j) is entitled to perform other duties in order to achieve its institutional aims. 

3. To perform its activities, the Council carries out the inquiries required, including the hearing of the parties involved and of their technical consultants.

Art. 5
Composition of the National Ceramic Council

1. The National Ceramic Council is appointed by a decree of the President of the Republic, upon proposal of the Minister of Industry, Commerce and Handicraft having the role of president. 

2. It has five years of activity and is composed by: 
a) five members representing the Governmental Institutions, of which: 
     1) a member representing the Ministry of Industry, Commerce and Handicraft;
     2) a member representing the Ministry for Arts and culture; 
     3) a member representing the Ministry of Education; 
     4) a member representing the Ministry of Foreign Affairs; 
     5) a member representing the Ministry of Tourism and Entertainment; 
b) three members representing the regions of well-known ceramic traditions appointed by the permanent Conference of the regions' Presidents; 
c) twelve members representing the artistic and traditional ceramics manufacturers, appointed by the most representative cooperatives at national level; 
d) seven members representing the Town Councils of well-known ceramic tradition, among which six appointed by the National Association of Italian Councils (ANCI) and one representing the well-known ceramic tradition appointed by the National Union of Councils, Communities and Mountains institutions (UNCEM) (9).

3. To choose the members referred to in clause 2, letter b) and d), the need to guarantee the widest representation of well-established ceramic tradition areas must be taken into account. 

4. As provided for by article 4, clause 2, letter b) and e), three representatives of well-established ceramic tradition regions will take part to the Council meetings with deliberative vote, as well as two representatives of the same town councils. 

5. The members of the Council are chosen among particularly skilled experts in the specific sector from the artistic, scientific or juridical point of view (10). 

6. The establishment of the Council has to be completed within three months from the enforcement of the law hereto. 

7. The Council is summoned by the Minister of Industry, Commerce and Handicraft within six months from the enforcement of the law hereto even in case the composition would not be completed, provided that half of the components plus one has been appointed.

Art. 6
Regulation of enforcement

1. Within six months from its establishment, the National Ceramic Council: 
a) proposes the regulation of enforcement which also rules the terms and conditions concerning the verification of the product compliance with the regulations defined in the production rules. It is submitted to the Minister of Industry, Commerce and Handicraft, issued with ministerial decree and published on the Official Gazette(11); 
b) defines the conditions for the establishment and operation of registers and of disciplinary Committees (12); 
c) defines the products features, according to UNI regulations, as well as the rules for marks (13). 

2. Within thirty days from the proposal, the Ministry of Industry, commerce and Handicraft formulates any possible remark on which the National Ceramic Council gives its advice within the thirty days to come. 

3. The costs relative to institution and functioning of the register of the producer cited in article 3 and functioning of the disciplinary commitee cited in article 7 are at the expense of the enquirer.

3-bis.
The amount the applicants have to pay for the rights of registration and relevant conditions of payment are defined by the decree of the Minister of Industry, Commerce and Handicraft, applied together with the Minister of Treasury. The amount of rights will cover all the fees required to establish and operate the registers, as well as the disciplinary Committees functioning (14). 

Art. 7
Disciplinary Committees

1. For each area of well-established ceramic tradition, identified by the National Ceramic Council as provided by clause 2, letter a) or article 4, a disciplinary Committee is established, whose premises are by the town municipality of the area concerned, indicated by the same National Council. 

2. The Committee: 
a) examines the applications received and communicates its advice with respect to the registration on the register of the province in which the working activity is carried out; 
b) performs the duties referred to in article 11; 
c) supervises, in conjunction with the National Ceramic Council, the observance of provisions contained in the rules and regulations of artistic and traditional ceramic of the area concerned, thus guaranteeing the compliance of productions - for which the mark has been required - with the features defined by the rules themselves. 

3. The Committees are appointed by the Minister of Industry, Commerce and Handicraft, upon designation of the National Ceramic Council, within three months from the date of approval of the rules themselves, and are composed by experts qualified in the specific sector from the technical-productive or artistic-cultural point of view. 
4. Each Committee will not be composed by more than fifteen components appointed by the Town Councils and by the regions concerned. 

5. The Committees will always be composed by representatives of cooperatives or institutions of ceramics protection and by products organization particularly well-known at national level and operating in individual areas, as far as their representativeness and consistency is concerned. 

6. The Committees, in order to perform the functions established by law, can be supported by eligible institutions or authorities and, in particular, by cooperatives or authorities referred to in articles 9 and 10, wherever they exist. 

7. The disciplinary Committee decisions with respect of what defined by article 11 can be impugnable by the members concerned within the National Ceramic Council, within sixty days from the communication of these latter. 

7-bis. 
The National Ceramic Council appoints an appropriate disciplinary Committee, whose premises are by the Council itself, having the same aims of the Committees defined by the article herewith concerning the manufacturing of artistic and traditional ceramics referred to in clause 3-bis of article 3. 

Art. 8
Rules and regulations for production

1. The rules and regulations for artistic and traditional ceramics production of a well-established ceramic tradition area describes and defines the main features of ceramics in a specific area, with particular reference to models, sizes, styles and decorations considered as typical, as well as the techniques of processing and manufacturing, the materials used and their origin. 

2. The disciplinary referred to in clause 1 defines the area or areas of production indicating the technical solutions for the indelible certification of origin, as well as the criteria of assessment whose aims are defined by article 11, relating to innovative products to be considered as the natural development and updating of traditional models, techniques and styles. 

3. The rules and regulations for quality production are defined by the National Ceramic Council. 

4. For ceramics to be used in contact with food or substances for personal use, the rules and regulations, referred to in clauses 1 and 3, should define the observance of the regulations in force on this matter as well as the certification foreseen by the same clauses.

5. The rules and regulations referred to in clause 1 are approved by the National Ceramic Council under proposal of the region and having heard the local authorities and organizations of artistic and traditional ceramics manufacturers of the area.

6. The rules and regulations referred to in clause 3 are approved by the National Ceramic Council, having heard the organizations of the manufacturers concerned. 

7. The rules and regulations are published in the Official Gazette of the Italian Republic (15).

Art. 9
Voluntary cooperatives

1. The Minister of Industry, Commerce and Handicraft, heard the region concerned, by its own decree to be published on the Official Gazette of the Italian Republic, can also charge the voluntary cooperatives or authorities for the ceramics protection, of the assignments referred to in article 7, clause 2, letter c). 

2. The functions referred to in clause 1 can be applied by each cooperative or authority only with respect to the members and can be assigned to the cooperatives or authorities which: 
a) are composed by a number of members no lower than 50 percent of artistic and traditional ceramics companies of the territory, registered in the register referred to in article 3 or companies employing at least 50 percent of the total number of their employees; 
b) are ruled by statutes allowing, with no discrimination, the participation to the cooperative or authority of artistic and traditional ceramics manufacturers registered in the same register; 
c) guarantee an efficient and impartial performance of the assignments. 

3. The representatives of cooperatives or authorities, whose formal notice has been given to the disciplinary Committees, operate within the limits and powers recognized to the Committees members themselves and to their representatives, as provided for by article 7. 

4. The supervising authority given to the Minister of Industry, Commerce and Handicraft, to the National Ceramic Council and other public administrations remain unaltered according to the regulations in force. 

5. The cooperatives or authorities charged of the duties referred to in the article hereto, are subject to the supervision of the Minister of Industry, Commerce and Handicraft, once heard the region concerned. Any amendment to their statutes should be approved by the Minister of Industry, Commerce and Handicraft upon advice of the region concerned.

Art. 10
Recognition of voluntary cooperatives

1. The request of the Minister of Industry, Commerce and Handicraft to accomplish their duties referred to in article 9, previously published on the legal notices paper of the province by and at the expenses of the cooperative or authority concerned, must be accompanied by the following documents: 
a) list of members and relevant certification of the authority the register is kept by, proving the existence of the prerequisites referred to in article 3; 
b) original copy of the company act and of the cooperative or authority statute; 
c) report on the technical and financial organization of the Cooperative or Authority and on the financial means available to accomplish the duties of supervision. 

2. By the Minister of Industry, Commerce and Handicraft decree, heard the region concerned, the assignment recognized to cooperatives and authorities, as provided by article 9, is removed when the number of members is lower than the limits established by article 9 itself, clause 2. 

3. The assignment revocation can also be require when the implementation of supervision powers is not impartially performed or when the cooperatives or authorities operations are proved to be irregular, or even not efficient, to the detriment of the accomplishment of the assignment received. 

4. The board of directors of the cooperatives or authorities charged of the implementation of assignments referred to in article 9 can be dissolved by decree of the Minister of Industry, Commerce and Handicraft, upon advice of the region concerned, in case they continue to infringe the regulations and statutes. The same decree assigns the special management of the cooperative or authority to a member of the board who is charged of summoning an assembly of the members within three months to appoint the new board of directors.

Art. 11
Production control

1. The operators registered in the registers referred to in article 3 have the right to affix the mark on their productions. 

2. According to the conditions established by regulations referred to in article 6, the disciplinary Committee controls the artistic and traditional ceramic productions. Within the rules and regulations for quality ceramics, the National Ceramic Council is charged of the defining the conditions of control.

3. The affixture of the mark without the prerequisites defined by the law hereto is punished with a penalty of a minimum of two millions and a maximum of fifty millions. 

4. Following a repeated abuse of the mark, the National Ceramic Council can ask for the revocation of the registration referred to in clause 3 of article 3, according to the conditions defined by article 6. 

5. In judgments relating to the illegitimate use of the mark, the disciplinary committees, the regions, the local and financial authorities of the area or province, as well as the protection cooperatives or authorities and the ceramic manufacturers associations can be sued for damages.

Art. 12
Financing

1. The expenses for the implementation of the law hereto, estimated as 50 millions Italian lira for each of the years 1991 and 1992, are faced an adequate reduction of the funds defined, for the triennial budget of the years 1990-1992, by charter 6856 of the Minister of Treasury provision for the year 1990, using the adequate "protection of traditional, artistic and quality ceramics" funds. 

2. The Minister of Treasury is authorized to issue its own decrees to amend the budget.

3. The authorities or institutions are charged for the expenses paid by the National Ceramic Council to take part to the sessions of this latter and for the implementation of assignments contained in the mandate received for their appointment.

The law hereto, containing the Government seal, will be included in the Official Collections of normative acts of the Italian Republic. It is compulsory that everyone observes and makes it observed as a Governmental law.

Additional article
(clause 3 of art. 44 of law no.52 dated 6.2.96)

The foreign company manufacturing artistic, traditional and quality ceramics is obliged to standardize the procedures to obtain the mark to the prerequisites required by the Italian law in this sector; the National Ceramic Council approves the compliance of the foreign product prerequisites by a further inspection, carried out according to the product type. In case of opposition by the National Ceramic Council, the foreign manufacturer can demand a new inspection and supply further elements for the inspection. In case of the mark's illicit use, the disciplinary Committee referred to in article 7 of law no.188 dated July 9th 1990, can order the revocation of authorization and impose a penalty.

NOTE

1) The "artistic and traditional ceramics" mark has been established by ministerial decree dated June 26th 1997, published on the O.G. no.153 dated 3.7.1997 

2) The sample rules for the artistic and traditional ceramic production has been published on the O.G. no.283 dated 4.12.1997 

3) The rules for the quality ceramics has been published on the O.G. no.283 dated 4.12.1997

4) The "quality ceramics" mark has been published on the O.G. no.153 dated 3.7.1997

5) For the artistic and traditional ceramics manufacturers, the quality ceramics manufacturers as well as for the applications of registration, please refer to the decree dated Dec.12th 1996 art.1 

6) The list of the well-established artistic and traditional ceramic production have been approved by the National Ceramic Council on 11.3.1993 and 6.7.1994.

7)  Please refer to the rules and regulations approved on June 10th 2000 

8) See note 3).

9) The number of members of the National Ceramic Council has been re-established by ministerial decree dated May 12th 1997 

10) The composition of the National Ceramic Council for the five years' period of 1997-2002

11) The regulation of implementation has been issued by ministerial decree no.506 dated July 15th 1996 , published on the O.G. no.228 dated 28.9.1996

12) Please refer to art.4 in the decree dated Dec.12th 1996

13) Please refer to art.2 of the decree dated Dec.12th 1996

14) Please refer to the ministerial decree dated Sept. 11th 1997 published on the O.G. no.279 dated 29.11.1997

The sample rules for the artistic and traditional ceramic production and the rules for quality ceramics have been published on the O.G. no.283 dated 4.12.1997.