herein by a fine going from the 70 to 500 dinars and the
withdrawal of the declaration of an appellation of origin,
geographical indication or indication of source till the
observance of the specifications.
In the event of repetition, the fine shall be doubled and
the benefit of an appellation of origin, geographical
indication or indication of source will be definitely
withdrawn.
- whoever infringes the provisions of article 19 , by a
fine going from 1.000 to 20.000 dinars , and in the event of
repetition, the fine shall be doubled.
The same sanctions shall be applicable to any person
who imports imitated
foreign handicrafts products
benefiting of protection in Tunisia in conformity with the
ratified international conventions.
- whoever objects to the officials provided for in article
28 of the law herein in discharge of their duties, by a fine
going from 70 to 100 dinars.
Art. 28 - The infringements relating to the appellations
of origin, geographical indications or indications of source,
shall be noted by the following officials :
- the authorized officials of the institution of control and
certification,
- the control officials appointed by the Minister charged
of the handicrafts,
- the economical control officials appointed in
conformity with the special status governing the
economical control officials body, sworn and authorized to
this effect,
- the judiciary police officers mentioned in numbers 3
and 4 of article 10 of the criminal proceeding code,
- the customs officials.
The authorized control officials who shall be appointed
by the Minister charged of the handicrafts, are selected
among the established officials of the state , local
collectivities or public enterprises and establishments, who,
at least, belong to category “B” or an equivalent category.
Art. 29 - The infringements to the provisions of the law
herein, shall be noted through a report established by two
officials, commissioned and sworn, personally and directly
taking part to the noticing of the facts constituting the
infringements.
The report shall comprise the department or the
administration seal to which belong the officials reporting
the infringement, the signature and qualities of these latter,
as well as the offender’s statement.
The offender or his representative, present in the time of
the report establishment, shall be bound to sign it. In the
event when the report is established in his absence or in
case of his refusal to sign, it shall be mentioned on the
report.
The report shall also mention the date, place and the
nature of the observations or carried out control and
indicate that the offender was informed, of except in case of
caught in the act, the date and place of the report draft and
that a convocation was addressed to through a registered
letter or through any mean leaving a written record.
N° 104
Art. 30 - The officials mentioned in article 28 of the law
herein, shall be authorized, during discharge of their duties
to :
- reach all the facilities, premises or places containing
products carrying appellations of origin, geographical
indication or indications of source,
- reach residential houses including those in which was
declared that there is an exercise of handicrafts activity
within or those which there is a doubt that they comprise
products carrying appellations of origin, geographical
indications or indications of source,
- access to the dwellings shall be carried out in
conformity with the provisions of the criminal proceedings
code in the field of search and after the authorization of the
public prosecutor of the competent tribunal,
- notice infringements during the products transport.
Art. 31 - The officials mentioned in article 28 of the law
herein, after giving their quality, may proceed to the
temporary seizure of the products put to sale as products of
an appellation of origin, geographical indication or
indication of source and presumed not complying to the
provisions of article 19 of the law herein.
To his effect, a receipt shall be handed over and a
seizure report shall be established, necessarily comprising
the following mentions :
- the date : hour, day, month and year,
- the officials’ names and qualities,
- the place of noticing,
- the merchandises holder’s name and quality and in
case of need, the identity and quality of the person present
during the noticing,
- the legal ground,
- the seized product identification : its denomination,
quantity, trademark, packaging and in case of need, weight,
the goods lot number, the fabrication dates and the product
validity,
- the identity and quality of the person to whom the
seized products were deposited,
- the signatures of the officials, the person present
during the noticing and in case of need, the person to whom
the seized products were deposited. In case of signature
refusal, a mention shall be made in the report.
The report shall comprise all other mentions which the
officials reporting the offence deem helpful to the
investigations.
The temporary seizure shall not exceed a one-month
duration. The public prosecutor may extend, through
written, this deadline one single time and for the same
duration. At the deadline expiry, the seizure shall
automatically cease.
The seized products are left to the guard of their holder
or in case of need, in a place chosen by the officials
reporting the offence, with the condition that this place
provides the conditions required for the products
conservation.
In case where it proves that the temporarily seized
products are not contrary to the provisions of article 19 of
Official Gazette of the Republic of Tunisia — 28-31 December 2007
Page 1395