Objective and Field of Application
Article 1.- Objective. The objective of these internal regulations is to establish the rules to which all of the Consejo Regulador del Tequila, A.C. (Tequila Regulatory Council) Associates shall be subject, with respect to their relation to the Association, as well as the rules governing the Council’s supporting bodies with respect to their operations and the Association’s personnel.
Article 2.- Definitions. The terms defined below shall have the meaning established in this Article, regardless of whether they are used in the singular or plural form, and said definitions shall apply with respect to all activities and functions of Consejo Regulador del Tequila, A.C.:
- Agave shall mean Agave of the Tequilana Weber variety, Blue variety, sown within the Designation of Origin Zone in accordance with the terms of the tequila Standard;
- Associated Client shall mean any individual or corporation that has been accepted to and joined the CRT as such;
- Non-Associated Client, shall mean any individual or corporation that is not a member of the organism, to which CRT lends Inspection, Certification, Training, Information, Audits or Determinations, or Technical Assistance services
- Contributor shall mean any person who contributes his/her technical or professional knowledge in the CRT’s tasks and functions, whether through consulting services or participating in one or more of its Committees, Sub-committees or Working Groups and who have no employment relationship with respect to the CRT;
- Committee, shall mean, indistinctively the Certifications Committee, the Standards Committee and other committees supporting the CRT’s tasks;
- CRT, shall mean Consejo Regulador del Tequila, A.C.;
- Designation of origin, shall mean the region protected under the General Declaration on the Protection of the “Tequila” Designation of Origin published in the Official Journal of the Federation on October 13, 1977.
- Employee, shall mean any person who has an employment relationship with CRT, regardless of whether they are non-unionized employees or management employees and that receive, in consideration of their work, a remuneration or pay from the CRT;
- Bylaws shall mean the statutes or bylaws which govern CRT and which are contained in the public deed by means of which CRT was incorporated, as well as any other Bylaws which may amend or supersedes such original Bylaws;
- Form shall mean any and all form or format authorized by the President of the Board of Directors, which shall be completed by CRT Associates or Clients, containing the information described therein;
- Manual shall mean the document which was approved by the President of the Board of Directors and/or CRT’s Director General containing the requirements to be fulfilled and steps to be taken when undertaking the activities to achieve the objectives described in the corresponding document.
- The Tequila Standard, shall mean Official Mexican Standard NOM-006-SCFI-1994, or any other official Standard that amends or supersedes said Standard.
- Test shall mean the analysis of Source Materials, the Product in Process and the Finished Product (Tequila), conducted in a Laboratory accredited by EMA (Entidad Mexicana de Acreditacion- Mexican Accreditation Body), with respect to the characteristics to be obtained in accordance with the Tequila Standard.
- Tequila 100% is the distilled spirits made exclusively from sugars drawn from Agave.
- Tequila, shall mean the distilled spirits made mainly from sugars drawn from Agave .
- Permanent Verification is the daily presence of a CRT representative during the activities of the tequila production, aging, export and bottling processes at the client’s facilities, in order to verify compliance with the tequila Standard.
- Designation of Origin Zone shall mean the territory of origin described in Article 3 of the General Declaration on the Protection of the “Tequila” Designation of Origin , published in the Official Journal of the Federation on October 13, 1977.
Article 3.- Field of Application. The Associates, Contributors, Employees and Clients of CRT shall be subject to the provisions established by these Internal Regulations.
Article 4.- Application to Become an Associate Client. Any person who wishes to become a CRT Associate shall submit a written application, addressed to the Director General indicating the following:
a) Full name, or corporate name;
b) Principal Address and, as the case may be, each and every one of its offices, plants and establishments where Agave is grown or Tequila is produced, aged or bottled;
c) Description of activities in order to establish the sector to which such applicant shall belong;
d) Statement accepting to comply with the Bylaws and Internal Regulations and, specifically, to pay, on a timely basis, the fees established annually by the associates’ general assembly;
e) If the applicant is a Tequila producer or bottler, the information pertaining to its authorization granted by the Mexican Intellectual Property Institute (Instituto Mexicano de la Propiedad Industrial; IMPI) to use the Designation of Origin, and the permit by the General Standards Directorate (Dirección General de Normas; DGN) to produce and bottle Tequila;
f) Statement of agreement to provide any other information reasonably requested by CRT.
Article 5.- Documents which shall accompany the Application. The application referred to in the preceding article must be accompanied by a copy of the applicant’s Federal Taxpayer Identification Number (Registro Federal de Contribuyentes) and its last Income Tax payment declaration and its registration before the corresponding Business Chamber, in order to be registered in one of the Sections referred to in Article Six of the Bylaws. In the event that such documents are lacking, the CRT’s Director General may instruct the applicant to submit other information or method of evidence that, in its opinion, shall allow the applicant’s proper registration.
Likewise, the application must be accompanied by payment of the annual fee established by the associates’ general assembly for the tax period during which the application is submitted.
Article 6.- Associate Application Forms. The CRT may, as determined by the Director General, provide an application form to the applicants and, in such case, only the registration of those Associates who have submitted such form shall be valid.
Article 7.- Procedure. The CRT shall register all persons who request to participate as Associates and who comply with the requirements set forth in the preceding Articles. The only case in which an applicant’s registration can be denied is if the CRT is privy to information that proves the applicant has filed for bankruptcy protection or is subject to a criminal or fiscal action from which it may follow that such applicant is unable to fulfill its obligations as an Associate.
Article 8.- Additional Information. All CRT Associates, by virtue of their status as such, in addition to all information to be provided under the Bylaws and contained in the corresponding Manuals and Procedures, shall provide the following information to CRT:
A) Trademarks, whether registered or not, under which it markets Tequila, whether such trademarks belong to it or not or belong to one or more of its distributors or clients;
b) Copy of all official deeds formalized by IMPI of the bulk, domestic and for-export Tequila Sales Agreements;
c) Average and unit costs, as well as production volume, both for purchase of Agave, production, ageing and bottling processes, and for the sale of Agave or Tequila, as the case may be;
d) Description of the main issues or problems encountered during the performance of its activities, and;
e) Any change to the information previously provided to the CRT.
Article 9.- Associates’ Rights. In addition to the rights granted to the Associates in the Bylaws, all Associates, by virtue of their status as such, shall have the following privileges:
a) Receive any CRT magazine or other publications by CRT at no cost;
b) Enjoy the services provided by CRT, at preferential tariffs or fees, under the following criteria:
I.- Services shall be provided to the Associates at fees or tariffs which are lower than those charged to CRT’s Non-Associate Clients.
II.- Such fees and tariffs shall be fixed annually, as approved by the associates’ general assembly.
c) Other tariffs and fees as approved by the associates’ general assembly.
Article 10.- Confidentiality. CRT shall keep all the information it receives from its associates as confidential, in a proper and safe manner, ensuring that no unauthorized person shall have access to such information, which shall be kept in the strictest confidentiality and may only be used for its analysis with respect to the performance of CRT’s Certification and Verification tasks and to publish statistics and other general information on Tequila, and as requested by the corresponding authorities.
Article 11.- Associates’ Obligations. In addition to the obligations established in these Internal Regulations and the Bylaws, the associates, by virtue of their status as such and as applicable, shall fulfill the following additional obligations:
a) Include, in their activities, quality assurance systems that are not less demanding than those established in CC series Mexican Standards;
b) Notify CRT promptly with regard to any change in the information provided to CRT;
c) Purchase Agave only from persons whose crops and plantations possess a valid CRT registration;
d) Provide the information contained in the Forms to CRT;
e) Keep up-to-date internal records on Agave and Tequila purchasing and sales. Said records shall contain precise information related to price, volume, supplier, buyer and final destination of any sale.
f) Support the activities of CRT and its Contributors and, to such end, allow, accept and facilitate verifications, audits, tests and certifications undertaken by CRT Employees. Said support includes allowing access to the facilities, books, records and other information requested by the CRT employees in the performance of their activities;
g) Make any irregularity detected in the performance of CRT activities as undertaken by any CRT Employee known to CRT;
h) Use the standing and/or ageing warehouses only for Tequila and no other product;
i) Bottle the 100% Agave Tequila only at bottling plants belonging to the Tequila producer located within the Designation of Origin Zone.
Organizational Structure and Supporting Bodies.
Article 12.- Organizational Structure. In order to carry out its duties, the CRT shall implement the organizational structure approved by the associates’ general assembly. The Organizational Structure shall be arranged by specific functions as described in the Quality Manual.
Article 13.- Committees. The CRT, for the performance of its duties, in addition to its Employees, shall be supported by the following Committees:
a) Technical Certification Committee;
b) Technical Standards Committee;
c) Technical Verification Committee;
d) Technical Agricultural Committee.
All of such Committees shall be governed by the Committees’ Operation Procedures. The CRT Board of Directors shall grant final approval with respect to the specific Operations Procedure for each Committee.
Article 14.- Employees. For the performance of its duties, the CRT shall engage staff with the proper technical and moral training. All CRT Employee hiring shall be undertaken in accordance with the provisions of the Quality Manual and the General Manual.
Article 15.- Training. CRT employees shall take constant, adequate training in order to ensure the fulfillment of their objectives. Employee training shall take place as established in the provisions of the Training Procedure.
Article 16.- Written Records. CRT shall keep written records on the results of its activities and shall use and care for such information in a proper manner. The guidelines contained in the Document and Information Control Procedures shall be followed at all times.
Performance of Duties.
Article 17.- Registrations. CRT shall only provide services to those persons who have obtained registration from CRT, according to the activity they are engaged in. The CRT may verify the information contained in the Registration Application Forms, but in any case shall follow the guidelines contained in:
a) The Tequilana Weber Agave, Blue Variety species and farming Verification Procedure, grown and harvested in the Designation of Origin Zone.
b) The Determination Procedure.
c) The Tequila Industry Services Procedure
d).- The Substantiative Verification Procedure
e) The Permanent Verification Procedure.
f) The Product Compliance Certification Operating Procedure for the marketing of tequila for domestic consumption or for export
g) Product Compliance Certification Procedure.
h) Sampling Techniques Procedure.
Article 18.- Agreements. Any person who wishes to obtain CRT services shall sign a Service Agreement as established in the template attached hereto as Exhibit“1”. The CRT shall deny services only to those persons who have breached the terms of a previously-signed Agreement, to the associates who have not fulfilled their obligations according to the Bylaws and these Internal Regulations, or to CRT Associates under suspension.
Article 19.- 100% Agave Tequila and Tequila Certification. The CRT may issue Certificates for Products which comply with the Tequila Standard, to those persons who comply and follow the guidelines contained in the Certification Procedures Manual and the Verification Procedures Manual.
Article 20.- Export. The CRT may issue Certificates for the export of Tequila with respect to those products which have been issued a product Compliance Certificate and additionally comply with and follow the Export Certification Procedure.
Article 21.- Certification Requirements. In order for CRT to issue a Certificate stating that the Product complies with the Tequila Standard, an Agreement shall be signed under which, among other provisions, the Client and CRT have agreed upon the control procedures to be applied, in which case CRT shall follow the guidelines contained in the Manuals and Procedures described in this Chapter and, as applicable, the guidelines contained in the Verification Procedure Manual.
Article 22.- Tests. The CRT may conduct any test it deems necessary to determine compliance with the tequila Standard in its own laboratories or external laboratories, as established in the Test Laboratory Selection and Assessment Procedure; for the latter case, an Agreement following the terms established in Exhibit “1” shall be signed by the Client.
Article 23.- Quality. The CRT, in conducting its operations, shall follow the quality assurance guidelines contained in the CC Series Mexican Standards, as well as in the CRT’s Quality Manual and Quality Management Manual.
Article 24.- Audits. In order to ensure that CRT fulfills its objectives with respect to undertaking its duties with the proper impartiality, transparency and quality, it shall carry out internal audits under the terms established in the Internal Audit Procedure.
Article 25.- Appeals. Any and all CRT Clients may request a revision of all CRT decisions. To this end, both parties shall submit to the provisions contained in the Appeals Procedure.
Article 26.- Conflict of Interest. In order to avoid any doubt with respect to the CRT operations’ impartiality and to avoid any conflict of interest, all CRT contributors shall sign a Confidentiality Commitment Letter under the terms established in the Confidentiality Procedure, MA2-PF.
Article 27.- Control. The CRT shall engage an Internal Auditor or Commissioner who shall supervise the lawfulness of all affairs managed by the CRT.
Article 28.- Regulations and Manuals. The CRT may issue regulations and Manuals, establishing the specific procedures and rules for the inspection, verification and control of all activities related to compliance with the tequila Standard. Said regulations and Manuals shall be authorized by the Director General, who shall likewise authorize the Quality and Quality Management Manuals.
Article 29.- Area of Responsibility. The CRT shall provide its services to all persons requesting such services who comply with these Internal Regulations, the CRT Manuals and Procedures and the corresponding Service Agreements. The CRT shall endeavor for its services to be competitive with respect to those offered by other certification agencies, in order to encourage interested parties to prefer the services offered by the CRT.
Article 30.- Amendments. These Internal Regulations may only be amended by a resolution of the associates’ general assembly, following the procedure established in Articles Sixteen and Thirty-One of the Bylaws.
Article 31.- Construction. These Internal Regulations shall be construed in accordance with the Bylaws, the Manuals and the Procedures. In the event of any contradiction between the provisions hereof and those contained in the Bylaws, the provisions of the Bylaws shall prevail. In the event of any contradiction between the provisions hereof and those contained in the Manuals and Procedures, those contained herein shall prevail.
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