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Royal Decree 822/2010, Of 25 June, Which Approves The Regulation Of Development Of Law 10/2009, On 20 October, Creation Of Advisory Bodies Of The State In The Agrifood And Determination Of Bases Of Representac...

Original Language Title: Real Decreto 822/2010, de 25 de junio, por el que se aprueba el Reglamento de desarrollo de la Ley 10/2009, de 20 de octubre, de creación de órganos consultivos del Estado en el ámbito agroalimentario y de determinación de las bases de representac...

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TEXT

Law 10/2009, of 20 October, of the creation of the advisory bodies of the State in the agri-food field and of the determination of the bases of representation of the agricultural professional organizations (hereinafter, OPAS), the constitutional mandate which imposes on public authorities the duty to facilitate the participation of citizens, through their professional organisations, in the defence of their interests, in this particular case of the agri-food and rural sector, in addition to responding to a long-standing aspiration of the OPAS to create a new framework Institutional dialogue with the State Administration, more agile and effective.

This institutional framework is established by the aforementioned law, which creates two consultative bodies of a consultative nature; the Agro-Food Council of the State, to discuss the broad guidelines of agricultural and food policy. from a comprehensive perspective and with a broad view of the interrelations that occur within the agri-food sector and its multiple economic, political and socio-cultural dimensions, and the Agrarian Advisory Committee, to deal with Agricultural professional organisations, general affairs related to agriculture in Both the productive sector and the interests of the rural world.

Likewise, it regulates the representativeness of general OPAS, in the field of the competencies of the General Administration of the State, for their participation in these organs, a requirement necessary to constitute them with social legitimacy and efficiency in the functions of dialogue with the public authorities.

Based on these considerations, and in compliance with the provisions of Articles 2.4 and 3.3 and the final provision of the second paragraph of Law 10/2009 of 20 October, which empowers the Government for its regulatory development, by this royal decree the regulation establishing, on the one hand, the composition and functions of the aforementioned collegiate bodies, and the representativeness of the OPAS for their participation in those organs, on the other hand, is approved.

In the preparation of this provision, the autonomous communities and representative entities of the affected sector, as well as the Consumer and Users Council, have been consulted.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the First Vice President of the Government and Minister of the Presidency, in agreement with the State Council, and prior deliberation of the Council of Ministers at its meeting on 25 June 2010,

DISPONGO:

Single item. Adoption of the Regulation.

The Implementing Regulation of Law 10/2009 of 20 October, of the creation of advisory bodies of the State in the agri-food field and of the determination of the bases of representation of the organizations is approved agricultural professionals, the text of which is included below.

Final disposition first. Regulatory enablement.

The Minister for the Environment, and the Rural and Marine Environment, in the field of their competences, is hereby authorised to issue any provisions necessary for the implementation and development of that Regulation.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on June 25, 2010.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA

REGULATION OF DEVELOPMENT OF LAW 10/2009 OF 20 OCTOBER, OF THE CREATION OF ADVISORY BODIES OF THE STATE IN THE FIELD OF AGRI-FOOD AND OF THE DETERMINATION OF THE BASES OF REPRESENTATION OF THE AGRICULTURAL PROFESSIONAL ORGANIZATIONS

CHAPTER I

Agri-Food Council of the State

Article 1. Nature and membership.

The Agri-Food Council of the State is a collegiate body of an advisory nature, attached to the Ministry of the Environment, and the Rural and Marine Environment, through its holder, in order to advise the General Administration of the State in the determination of the general guidelines of agri-food policy.

Article 2. Functions.

The following functions are for the Council:

(a) Report on all specific agri-food issues that are subject to their consideration.

b) Advise the General Administration of the State in defining the objectives of the agri-food policy.

c) Make recommendations for improving the competitiveness of agri-food products.

d) Propose measures for the promotion of quality policies in the Spanish agri-food sector.

e) Propose policies that lead to improved and improved employment and training in the agri-food sector.

Article 3. Composition.

1. The Council shall be composed of:

(a) Presidency: holder of the Ministry of Environment, and Rural and Marine Environment, which may delegate to the Secretary of State for Rural Affairs and Water.

b) The following members:

1. º By the General Administration of the State: a number of representatives who are joint with the representatives who will result from points 2. º to 6. and with the representatives of article 5.1, with rank at least of director General, or in whom they delegate. The Ministries of Economy and Finance; Industry, Tourism and Commerce; and Health and Social Policy will have one representative each, corresponding to the rest to the Ministry of the Environment, and the Rural and Marine Environment, being appointed to the proposal of the Ministers concerned.

2. By the most representative agricultural professional organizations at the state level: a representative proposed by each organization recognized as more representative at the state level.

3. By the most representative associations of agricultural cooperatives at the state level: a representative proposed by them.

4. The most representative associations of the agri-food industry at the state level: a representative proposed by them.

5. By the most representative trade union organizations at the state level: two representatives proposed by them.

6. By the most representative cross-sectoral business organizations at the state level: two representatives proposed by them.

2. An alternate shall be appointed for each of the members of the Council. The Secretary of State for Rural Affairs and Water shall act as an alternate to the Chair when the Presidency of the Council has not been delegated to him.

3. He will act as Council Secretary, with a voice and no vote, an official from the Ministry of the Environment, and the Rural and Marine Environment.

Article 4. Appointment and mandate.

1. The members of the Council and their alternates shall be appointed by the holder of the Ministry of the Environment, and the Rural and Marine Environment.

2. The appointment of the elected members of the Council and the alternates shall be for a period of five years.

3. The status of a member of the Board shall be forfeited upon expiry of the term of office, by ceasing in the position which determined the appointment or by any other legal cause.

Article 5. Incorporation of other organizations.

1. They shall be incorporated in the Council for the purposes of the application, where appropriate, of the provisions of Article 2.3 of Law 10/2009 of 20 October of the establishment of State Advisory Bodies in the agri-food field and of the establishment of the representation of agricultural professional organisations:

a) A representative proposed by the National Federation of Fishermen's Cofradias.

b) A representative proposed by the Consumers and Users Council.

2. They will be able to participate in Council discussions, with a voice but no vote:

(a) The holders of higher bodies, directors or consultative bodies of the Ministry of the Environment, and the Rural and Marine Environment or other ministries which are convened by the President of the Council, depending on the matters to be dealt with, to expose the projects and initiatives corresponding to their field of competence.

(b) Members of organisations and entities of a state and sectoral nature representing other interests, affected in their field of sectoral action by the matters to be dealt with by the Council, convened by the President of the Council.

Article 6. Operating system.

1. The Council shall adopt an internal rules of procedure.

2. The Council Plenary shall meet at least once a semester, and in the cases established by the Rules of Procedure.

3. In all the provisions of the Rules of Procedure, the operation of the Council shall be governed by the provisions governing the collective bodies laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure.

CHAPTER II

Agricultural Advisory Committee

Article 7. Nature and membership.

The Agricultural Advisory Committee is a collegiate body of an advisory nature, attached to the Ministry of the Environment, and the Rural and Marine Environment, through its holder, in order to advise the General Administration of the State on matters relating to the general agricultural and rural interest.

Article 8. Functions.

The following functions are for the Committee:

(a) Report on all matters specific to agricultural matters that are subject to their consideration.

b) Make suggestions that are considered appropriate with respect to policies that may affect the socioeconomic conditions of agricultural activity.

c) Report on the evolution of the social and economic situation in the agricultural sector.

d) Make recommendations for the adoption of measures deemed necessary to improve the quality of life in the agricultural sector.

e) Propose policies to improve and promote employment and training in the agricultural sector.

Article 9. Composition.

1. The Committee shall be composed of:

(a) Presidency: holder of the Ministry of Environment, and Rural and Marine Environment, which may delegate to the Secretary of State for Rural Affairs and Water.

b) The following members:

1. By the General Administration of the State: a number of representatives from the Ministry of the Environment, and the Rural and Marine Environment equal to that of the agricultural professional organizations represented in the Committee, with rank at least of the Director-General, or in whom they delegate, on a proposal from the holder of the Department.

2. By the agricultural professional organizations: two representatives proposed by each organization recognized as more representative at the state level. In addition, they will have an additional representative of those organizations that obtain more than 40 percent of the electoral votes in all the electoral processes carried out at least in nine autonomous communities.

2. An alternate shall be appointed for each of the members of the Committee. The Secretary of State for Rural Affairs and Water shall act as an alternate to the Chair when the Chair of the Committee has not been delegated.

3. He will act as Committee Secretary, with voice and no vote, an official from the Ministry of Environment, and the Rural and Marine Environment.

Article 10. Appointment and mandate.

1. The members of the Committee and their alternates shall be appointed by the holder of the Ministry of the Environment, and the Rural and Marine Environment.

2. The appointment of the elected members of the Committee and the alternates shall be for a period of five years.

3. The status of a member of the Committee shall be forfeited by the expiration of the term of office, by ceasing in the position that determined the appointment or by any other legal cause.

Article 11. Participation of other attendees.

They will be able to participate in the Committee's discussions, with voice but no vote:

(a) The holders of higher bodies, directors or consultative bodies of the Ministry of the Environment, and the Rural and Marine Environment or other ministries which are convened by the Chairman of the Committee, on the basis of the matters to be dealt with, to expose the projects and initiatives corresponding to their field of competence.

(b) Members of other state-level organisations and sectoral interests representing agricultural and rural interests, which have a bearing on the matters to be dealt with, convened by the Chairman of the Committee.

Article 12. Operating system.

1. The Committee shall adopt an internal rules of procedure.

2. The plenary session of the Committee shall meet at least once a semester, and in the cases established by the Rules of Procedure.

3. In all the provisions of the Rules of Procedure, the functioning of the Committee shall be governed by the provisions on collective bodies laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992.

CHAPTER III

Representativeness of the agricultural professional organizations before the General Administration of the State

Article 13. Nature of representativeness at the state level.

Agricultural professional organisations which achieve the consideration of a more representative agricultural professional organisation at the State level, may develop, in accordance with the provisions laid down in Article 7 of the Law 10/2009 of 20 October, functions of institutional representation before the General Administration of the State and other entities and bodies of public nature dependent on it.

Article 14. Criteria for representativeness.

1. It shall be considered, in accordance with Article 4 of Law 10/2009, of 20 October, "a more representative agricultural professional organisation at the State level":

(a) To that general agricultural professional organization which, at the time of submitting its application for recognition, has obtained at least 15 per 100 of the electoral votes in all the processes The election of the autonomous communities for their participation in autonomous bodies and advisory entities, having at least attended electoral processes in nine autonomous communities.

In this regard, the results of the last electoral process developed in each autonomous community will be computed to elect representatives in autonomous bodies and advisory entities.

(b) To that agricultural professional organisation which, by not reaching such a consideration in the form set out in paragraph (a), has obtained recognition as a more representative organisation in at least 10 communities standalone.

2. For the purposes of paragraph 1, the General Administration of the State shall take into account only the methods of measurement or recognition of the representativeness that have been adopted at any time by each of the communities. autonomous, and which are in force at the time of submission of the application for recognition.

Article 15. Formalisation of the recognition of state representativeness.

1. The agricultural professional organisation may submit the application for recognition of "more representative agricultural professional organisation at the State level" to the Register of the Ministry of the Environment, and the Rural and Marine Environment, or any of the the places provided for in Article 38.4 of Law 30/1992 of 26 November, addressed to the Deputy Secretary of the Department.

In accordance with the provisions of Law 11/2007 of 22 June, of electronic access of citizens to public services, interested parties may submit by electronic means the documentation referred to in this order in the address https://sede.marm.gob.es/portal/site.se, having the same validity as the one presented on paper support.

2. The application shall be accompanied, either by the certificate of the competent authority of each autonomous community, certifying the participation of the agricultural organization in the respective electoral processes and the percentage of votes obtained, or of the certificate of the competent body, at least 10 autonomous communities, in which the recognition of the agricultural organization as more representative in the autonomous community in question is credited, in accordance with the provisions of the Article previous.

3. For both cases, the Under-Secretary of the Ministry of the Environment, and the Rural and Marine Environment will resolve by resolution, within four months, on the request of "the most representative agricultural professional organization at the state level", agreement with the documentation and certifications submitted by the petitioner, recognizing the corresponding state representativeness, if any.

Article 16. Periodic assessment of state representativeness.

1. The Ministry of the Environment, and the Rural and Marine Environment will proceed every five years to carry out a new assessment of the state representativeness recognized to the agricultural professional organizations, in accordance with the procedures established in the Law 10/2009 of 20 October, and in this regulation.

2. The review shall be carried out by the Secretariat of the Ministry of the Environment, and the Rural and Marine Environment before the end of the five-year term of office of each collegiate body, requesting from the professional organisations the agricultural sector represented in those bodies which demonstrate the subsistence of the status of "most representative agricultural professional organisation at the State level", by providing the updated documentation required for the first recognition formalization, as provided in the previous article.

3. At any time in the five-year period, the General Administration of the State may recognize the state representativeness of the agricultural professional organizations that request it and meet the required requirements.

Single additional disposition. Means of operation.

The constitution and functioning of the collegiate bodies regulated in this regulation will not entail any increase in public expenditure, since they will be used with the personal and material resources existing in the Ministry of the Environment. Environment, and Rural and Marine Environment.