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Royal Decree 1417 / 2004, Of 11 June, Which Develops The Basic Organizational Structure Of The Ministry Of Agriculture, Fisheries And Food.

Original Language Title: Real Decreto 1417/2004, de 11 de junio, por el que se desarrolla la estructura orgánica básica del Ministerio de Agricultura, Pesca y Alimentación.

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TEXT

By Royal Decree 553/2004 of 17 April, which restructured the ministerial departments, and Royal Decree 562/2004 of 19 April, approving the basic organic structure of the departments The process of restructuring is initiated, in line with the government's policy of streamlining and simplifying administrative structures and reducing public expenditure.

In its application to the Ministry of Agriculture, Fisheries and Food, Article 10 of Royal Decree 562/2004, of 19 April, specifies the simplification of administrative structures in the abolition of the General Directorate of Economic Planning and Institutional Coordination, whose functions are assumed by the Undersecretary of Agriculture, Fisheries and Food.

In compliance with the provisions of the final provision of the second Royal Decree 562/2004 of 19 April, the organic structure of the Ministry of Agriculture, Fisheries and Food is adapted to the forecasts contained in that rule.

Under the initiative of the Minister for Agriculture, Fisheries and Food, on the proposal of the Minister of Public Administration and after deliberation by the Council of Ministers at its meeting on 11 June 2004,

D I S P O N G O:

Article 1. General organization of the department.

1. The Ministry of Agriculture, Fisheries and Food is the department of the General Administration of the State responsible for the proposal and implementation of the Government's general guidelines on agricultural, fisheries and food policy.

2. The powers conferred on this royal decree will be understood in coordination and without prejudice to those corresponding to other ministerial departments.

3. Directly dependent on the Minister, there are the following governing bodies:

(a) The Deputy Secretary for Agriculture, Fisheries and Food.

b) The General Secretariat of Agriculture and Food, with the organic level of the Secretariat.

c) The General Secretariat for Maritime Fisheries, with an organic level of under-secretary.

4. As a body of immediate assistance to the Minister there is a Cabinet, with an organic level of general direction, with the structure set out in Article 17 of Royal Decree 562/2004, of 19 April, for which it approves the basic organic structure of the ministerial departments.

Article 2. Under-Secretary of Agriculture, Fisheries and Food.

1. It is for the Under-Secretary of Agriculture, Fisheries and Food to carry out the duties listed in Article 15 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and the management, supervision of the public bodies which are attached to it.

Also, it is up to him to coordinate the actions of the department in relation to the issues that are submitted to the Government's Delegate Commissions.

2. In addition to those set out in the previous paragraph, and with the exception of cases reserved for the Minister's decision, the following functions are attributed to the Secretariat for the different areas of common services:

a) Attend the Minister in the functions of control of the department's activity, carrying out those that allow to evaluate the operation, efficiency and performance of the personnel and services of the ministry, without prejudice of the powers of the General Intervention of the State Administration.

b) Attend the Minister in the preparation of the sectoral conferences related to the department's own competences.

c) Directing organizational projects at ministerial level.

d) Maintain institutional relations with professional organizations and other representative entities of interest in the agricultural, food and fisheries sectors, without prejudice to the responsibilities of the Secretariats Generals, as well as presiding over the liquidating commission of the defunct National Confederation of Agrarian Chambers.

e) Assess the economic, financial and budgetary aspects that allow the determination of the priorities of the programs and actions of the department.

f) Coordinate sectoral studies, conjuncture reports and analysis of the evolution and sectoral forecast in the field of agriculture, fisheries and food, as well as others affecting the economy of the sector.

g) To coordinate, evaluate and monitor the implementation of the department's policies in the autonomous communities.

h) Coordinate the functional areas and dependencies of the Ministry of Agriculture, Fisheries and Food integrated in the Government Delegations, according to Royal Decree 1330/1997 of 1 August, of integration of services the peripherals and the structure of the Government delegations.

i) Plan and direct the human resources policy of the department and the public bodies attached, establishing the criteria for the elaboration of the proposal for relations of jobs and their modifications, as well as for the corresponding staff remuneration and incentive schemes, employment and training schemes, the carrying out of selective processes, relations with the Ministry of Public Administration for the labour, trade union relations as well as social action and promotion of measures related to the prevention of occupational risks.

(j) Coordinate the elaboration of the multiannual programmes of the ministry and the public bodies attached, as well as to prepare the annual preliminary draft budget of the department, and coordinate the preparation of the corresponding the dependent public bodies; propose, coordinate and monitor the transfers of funds from the European Union and the actions financed with them.

k) To direct the economic, patrimonial and contracting management of the ministry, as well as general services, including those related to real estate needs and facilities, works projects, maintenance of the buildings, management of movable property and the internal and external security of the buildings and facilities of the ministry, and the management of the register.

l) Report and process the general provisions, as well as provide permanent legal advice to those responsible for administrative management.

m) to process the administrative appeals against the acts and provisions of the department and the relations with the courts.

n) The development and implementation of the department's IT plan; the management of the technical infrastructure and communications required by the various management bodies, as well as technical assistance and advice in (a) the information technology material.

n) Promote and develop the functions of international cooperation and international relations in coordination with the Ministries of Foreign Affairs and Cooperation, and Industry, Tourism and Trade.

o) Directing and performing the statistical operations of the sectoral plans and those assigned to it in the National Statistical Plan.

3. They are directly dependent on the Secretary-General of the Technical Secretariat and the following Subdirectorates-General:

(a) The Technical Cabinet, as an immediate assistance body to the Assistant Secretary. It is also up to him to promote the coordination actions of the various organs and units of the Secretariat, in the cases entrusted to him by the Undersecretary.

(b) The Subdirectorate-General for Economic Planning and Institutional Coordination, which corresponds to the exercise of the powers referred to in paragraphs (e), (f), (g) and (h) of the previous paragraph, as well as the preparation and the report on the issues to be submitted to the Government's Delegation for Economic Affairs.

(c) The Subdirectorate-General for Human Resources, which corresponds to the exercise of the powers referred to in paragraph (i) of the previous paragraph.

(d) The Office for Budget, which is responsible for the exercise of the powers referred to in paragraph (j) of the previous paragraph and those other than that conferred on it by the rules in force, in particular Royal Decree 2855/1979, December 21, for which the Budget Offices are set up.

(e) The Subdirectorate-General for Economic and Heritage Management, which corresponds to the exercise of the powers referred to in paragraph (k) of the previous paragraph.

(f) The General Inspection of Services, which corresponds to the exercise of the powers referred to in Article 15.1.c) of Law 6/1997, of 14 April, as well as the processing in its case of disciplinary proceedings and those entrusted to this type of units in the current system.

4. They are assigned to the Secretariat, with the functions assigned to them by the provisions in force, and without prejudice to their respective dependence on the Ministries of Justice and Economy and Finance, the following bodies with a sub-directorate general:

a) State advocate.

b) Delegated Intervention of the General Intervention of the State Administration.

5. The following autonomous bodies are attached to the Ministry of Agriculture, Fisheries and Food through the Secretariat:

(a) The Spanish Agricultural Guarantee Fund (FEGA), with the functions and structure currently in force.

b) The Agency for Olive Oil (AAO), with the functions and structure currently in force.

c) The State Entity for Agricultural Insurance (ENESA), with the functions and structure currently in force and whose presidency corresponds to the Undersecretary.

6. The Registry of Foundations of Agricultural Nature is also attached to the Secretariat.

Article 3. Technical General Secretariat.

1. The Technical General Secretariat is the body responsible for carrying out the duties referred to in Article 17 of Law 6/1997 of 14 April, and the other functions assigned to it by the rules in force.

2. The Technical Secretary-General will act as secretary of the sectoral conferences related to the department's competences. It shall also coordinate the actions of the Subdirectorates General of Agrarian and Food Regulations and Fisheries Regulations in the elaboration of provisions and reports corresponding to them in the exercise of their functions.

3. The Technical General Secretariat is responsible for the following functions:

a) Inform the projects of the agreements with the autonomous communities and with other public and private entities, as well as the coordination of the transfers of services to the autonomous communities, and to carry out the monitoring and a legal report relating to the acts and provisions of those and matters relating to the competence of the department on which conflicts may arise for the autonomous communities, as well as how many cases are to be submitted to the Government's Delegation for Autonomic Policy.

b) Manage general administrative information for citizens, file, library, and department publications. It is also up to the Court to examine the procedures for the recognition of diplomas provided for in Royal Decree 1665/1991 of 25 October 1991 on the general system for the recognition of higher education diplomas. Member States of the European Economic Community, which require a minimum of three years ' duration.

(c) Inform and process bills and draft general provisions to be drawn up by the various public bodies and bodies that are dependent on the ministry, as well as all those matters which they must submit to the approval of the Council of Ministers and to the deliberation of the General Commission of Secretaries of State and Undersecretaries.

d) To process the administrative appeals against the acts emanating from the department, and the procedures for the responsibility of the ministry, as well as to bring the relationship with the judicial bodies on disputes affecting the department.

e) Promote and develop the functions of international cooperation, in coordination with the Ministries of Foreign Affairs and Cooperation and Industry, Tourism and Trade. It is also for the coordination of the actions of the foreign ministry bodies, as well as for the procedures related to the European Union in the field of the department, without prejudice to the powers conferred on the the Secretaries-General.

f) Develop and implement the department's IT plan, as well as manage the technical infrastructure and communications required by the various organs and units of the ministry. It is also up to him to provide advice and technical assistance in information technology matters.

g) To carry out and coordinate, where appropriate, the statistical operations of the sectoral plans and those assigned to the department in the National Statistical Plan.

4. The following Subdirectorates-General depend on the Technical General Secretariat:

(a) The Technical Vice-Secretary-General, to which the duties referred to in paragraphs (a) and (b) of the previous paragraph are carried out.

(b) The Subdirectorate-General for Legislation and Normative Planning, which corresponds to the exercise of the functions referred to in paragraph (c) of the previous paragraph.

(c) The Subdirectorate-General for Resources and Legal Affairs, which corresponds to the exercise of the functions referred to in paragraph (d) of the previous paragraph.

(d) The Subdirectorate-General for International Agricultural Relations, to which the exercise of the functions referred to in paragraph (e) of the previous paragraph corresponds.

(e) The Subdirectorate-General for Informatics and Communications, which corresponds to the exercise of the functions referred to in paragraph (f) of the previous paragraph.

(f) The Subdirectorate-General for Agro-Food Statistics, which corresponds to the exercise of the functions referred to in paragraph (g) of the previous paragraph.

Article 4. Agricultural Council.

1. The Agricultural Council is the highest collegiate advisory body of the Ministry of Agriculture Fisheries and Food in the areas of its competence.

2. The Chairman of the Agrarian High Council shall be appointed by the Minister and shall have a category of Deputy Director-General.

3. The functions, composition and operating rules of the Agrarian Superior Council are those established by the Order of 17 September 1998, which approves its organic status.

Article 5. General Secretariat for Agriculture and Food.

1. The General Secretariat of Agriculture and Food, under the top management of the head of the department, will exercise, in the areas of its competence, the planning and elaboration of the state regulations, the cooperation with the communities and the coordination of the collegiate bodies attached to the Sectoral Conference on Agriculture and Rural Development.

It also corresponds to the exercise of the functions attributed to the ministry in the field of agricultural and livestock production and markets, concentration of supply, animal and plant health, as well as planning, management and coordination of the department's active policies on the modernization of agricultural holdings, irrigation, rural development, industries and food markets. It will also participate in the planning of the agricultural and food research policy in coordination with the Ministry of Education and Science.

It also corresponds to the institutional relations with the professional organizations and other representative entities of the agricultural and food sectors, without prejudice to the competences of the Subsecretariat of the department, and the determination of the criteria for establishing the Spanish position vis-à-vis the European Union and other international organisations and fora in the areas of competence of the General Secretariat. It is also up to the promotion of studies and sectoral advertising campaigns.

Also, it is up to him to coordinate the institutional relations and the action of the ministry in relation to the state societies of agricultural infrastructures.

2. The Secretary-General for Agriculture and Food shall hold the vice-chair of the plenary session of the General Council of Agro-Food Interprofessional Organisations and the chairmanship of his standing committee.

It will also show the representation of the department in the bodies and collegiate bodies that affect the fields of agriculture, animal husbandry, food and rural development, where appropriate.

3. The following management bodies are responsible for the General Secretariat of Agriculture and Food:

(a) The Directorate-General for Agriculture.

b) The General Directorate of Livestock.

c) The Directorate General for Rural Development.

(d) The Directorate-General for Food and Food Industry.

4. They are directly dependent on the Secretary-General for Agriculture and Food the following Subdirectorates General:

(a) The General Support and Coordination Subdirectorate, which corresponds to the institutional relations, the planning and programming functions of the activities of the General Secretariat, as well as the support to the units The competent authority of the Secretariat shall be responsible for economic, financial, budgetary, human and internal resources management.

The functions of development and coordination of the horizontal issues of the common agricultural policy correspond to it.

(b) The Subdirectorate-General for Agricultural and Food Regulations, which corresponds to the functions of advisory and participation in the elaboration of the rules and acts whose initiative comes from the organs of the General Secretariat Agriculture and Food, and the elaboration of reports on Community and regional rules affecting the functions of the General Secretariat, without prejudice to the powers assigned to it by the Technical General Secretariat.

Article 6. Directorate-General for Agriculture.

1. The Directorate-General for Agriculture has the following functions:

(a) Develop state regulations and develop and coordinate activities related to agricultural production and the functioning of agricultural markets.

b) Develop the department's actions in the field of agricultural producer organizations and groups.

c) Develop the activities related to the means of agricultural production, as well as the approval and registration of the agricultural machinery, fertilizers and the means of sanitary defense of the plants.

d) Develop the functions that fall within the competence of the department in the field of plant health and phytosanitary prevention at borders, ports and airports, as well as control and, where appropriate, the removal of obstacles plant health workers who make exports of agricultural products to third countries impossible or hinder, without prejudice to the powers of the Ministry of Industry, Tourism and Trade.

e) Develop and coordinate integrated or sustainable agricultural production systems that are compatible with the environment, in collaboration, where appropriate, with the Directorate-General for Food and Food Industry.

(f) Develop the exercise of the functions which fall within the competence of the department in the field of production control, import, certification and marketing of seed and nursery plants and the application of the systems international certification and marketing of seed, as well as the recognition and registration of protected varieties and commercial varieties of seeds and nursery plants.

It is also the responsibility of the department for the department's competence in the field of plant genetic resources for agriculture and food.

All this taking into account the competencies attributed to the Ministry of the Environment in the field of forest seeds and plants and forest health.

g) Cooperating with the autonomous communities and the sector entities in these areas and drawing up proposals to establish the Spanish position on agricultural matters to the European Union and other organizations and forums international.

2. The Directorate-General for Agriculture is composed of the following Subdirectorates General:

(a) The General Subdirectorate of Herbaceous Cultures, which corresponds to the exercise of the powers provided for in paragraphs (a) and (g) of the previous paragraph in respect of the production and operation of the cereals markets, Oilseeds and protein products.

(b) General Subdirectorate of Horticultural Products, which corresponds to the exercise of the powers referred to in paragraphs (a) and (g) of the previous paragraph concerning the production and operation of the product markets hortofruit, as well as those referred to in paragraph (b).

(c) The General Subdirectorate of Industrial Fats and Cultures, which corresponds to the exercise of the powers referred to in paragraphs (a) and (g) of the previous paragraph, in the field of production and operation of the markets for these products, as well as for forest production.

(d) The General Sub-Directorate of Viehoriculture, which corresponds to the exercise of the powers referred to in paragraphs (a) and (g) of the previous paragraph in the field of production and operation of the markets for the products of the vine.

(e) The General Subdirectorate of Agricultural Production Means, which corresponds to the performance of the functions referred to in paragraph (c) of the preceding paragraph, and paragraphs (a) and (g) as soon as they affect the means of agricultural production.

(f) The Subdirectorate-General for Integrated Agriculture and Plant Health, which is responsible for the exercise of the functions referred to in paragraphs (d) and (e) of the previous paragraph, as well as in paragraphs (a) and (g) in respect of integrated agriculture and plant health.

g) The Spanish Plant Variety Office, which corresponds to the exercise of the powers referred to in paragraph (f), as well as paragraphs (a) and (g) in the field of its privileges.

Article 7. General Directorate of Livestock.

1. The General Directorate of Livestock has the following functions:

(a) Develop state regulations on livestock production, as well as the development and coordination of activities related to livestock production and its markets.

b) Exercise the functions of promoting and promoting markets for livestock production, without prejudice to the competences of other departments.

c) Develop state regulations on animal health.

d) Develop the department's competencies in animal health and its products, animal disease prevention, epidemiology, livestock primary production hygiene, the health alert system veterinary and animal disease prevention, surveillance and control of animal diseases at borders, ports and airports, including the functional coordination of border inspection posts and approved inspection centres.

e) Management of the Registration and Authorisation of Animal Health Products in accordance with Law 8/2003 of 24 April of Animal Health, without prejudice to the organisational adequacy arising from Royal Decree 1054/2002 of 11 October 2002, by the the evaluation process for the registration of biocidal products for the authorisation and placing on the market is regulated. It also corresponds to the exercise of the functions conferred on the Ministry of Agriculture, Fisheries and Food in the field of veterinary medicinal products in Law 8/2003 of 24 April, and other legislation in force.

(f) The planning, coordination and technical direction of the laboratories and centres, in relation to the competences of the Directorate-General.

g) Develop state regulations and develop the department's own competence in feed, raw materials and other products involved in animal feed.

h) Develop state regulations and develop the department's own competencies in conservation, selection, improvement, reproduction, and genetic material of livestock species.

(i) Develop state legislation and develop competence in the field of farm management, identification and registration of animals, as well as those relating to the development of traceability systems, which permit the monitoring of livestock production from the holding until they are placed on the market, taking into account the powers conferred on the Directorate-General for Food and Food Industry and the Spanish Agency for Food Security.

(j) Develop state legislation and develop the department's competence in the field of animal welfare, integrated livestock farming, as well as the environmental constraints of farms livestock, without prejudice to the powers of other bodies or departments.

(k) Cooperate with the autonomous communities and the entities of the sector in the areas mentioned above and draw up proposals to establish the Spanish position on these matters with the European Union and others. international organisations or forums.

2. The General Directorate of Livestock is made up of the following Subdirectorates General:

(a) The Subdirectorate-General of Vacuno and Ovino, which corresponds to the exercise of the powers referred to in paragraphs (a) and (k) of the previous paragraph, on the production and operation of the markets in the field of milk, dairy products and derivatives, cattle, sheep and goats, as well as meat from these species, including the management of quotas or duties in the field of the state competition of the milk quota and of the quotas for cow premiums Suckler and ovino-caprino.

(b) The General Subdirectorate of Porcino, Aalvía and other Livestock Productions, to which the exercise of the powers referred to in paragraph (b) of the previous paragraph, as well as those referred to in paragraphs (a) and (k), corresponds to it. on the production and operation of the markets in the pig, poultry, farming, equine, beekeeping and other livestock sectors not covered by subparagraph (a) above.

(c) The Subdirectorate-General for Animal Health, which is responsible for the exercise of the powers referred to in paragraphs (c), (d), (e) and (f) of the previous paragraph, as well as those referred to in paragraph (k) in the field of its attributions.

(d) The General Subdirectorate of Livestock Production Means, which corresponds to the exercise of the powers set out in paragraphs (g) and (h) of the previous paragraph, as well as those referred to in paragraph (k) in the field of its attributions.

(e) The Subdirectorate-General for Management and Good Livestock Practices, which corresponds to the exercise of the powers referred to in paragraphs (i) and (j) of the previous paragraph, as well as those referred to in paragraph (k) above. of their privileges.

Article 8. Directorate-General for Rural Development.

1. The Directorate-General for Rural Development has the following functions:

a) Develop policies that promote the participation of women and young people in rural development by promoting their full incorporation, as well as the anticipated cessation of agricultural activity. It also corresponds to the exercise of the department's powers in relation to the land banks in collaboration with the autonomous communities, and those concerning the modernization of the agricultural holdings, improvement of their viability The economic and social development of rural areas.

b) Exercise the competence of the department in the field of training and promotion of the incorporation of new technologies into rural areas. It is also responsible for the promotion of agricultural associations and the social economy of integration in order to contribute to the improvement of the industrialization, processing and marketing of agri-food products, in collaboration with the the Directorate-General for Food and Food Industry.

c) Develop the department's powers on environmental activities linked to agricultural activity, in particular those relating to agri-environmental measures, afforestation of agricultural land and income compensation farming in less-favoured areas and with environmental constraints. It also has the responsibility of coordinating and monitoring the integration of the environment into agriculture. It is also attributed to the functions of representation of the department in the Network of Environmental Authorities.

d) Designing sustainable rural development strategies in the framework of the overall planning and management of the economy, as well as performing the functions derived from its status as a Fund Administrator EAGGF Guidance and the general and territorial coordination of rural development programmes co-financed by the European Union in the field of competence of the department. It is also responsible for the implementation of the department's responsibilities for Community initiatives and for cooperation and integration of rural areas.

e) Carry out the coordination, implementation and follow-up functions of the National Plan of Regadios, and other infrastructure improvement plans, as well as the plans and emergency works and regables areas of general interest of the Nation. It is the environmental and economic study of water consumption for irrigation, the operational relationship with the state agricultural infrastructure companies and the administrative secretariat of the Interterritorial Council for the Management of Water Management. National Plan of Regadios.

f) Cooperate and collaborate with the autonomous communities and with the entities or corporations related to these matters, and elaborate the proposals that will allow the Spanish position to be established in the European Union and other international organisations in relation to rural development.

2. The following Subdirectorates-General depend on the Directorate-General for Rural Development:

(a) The Subdirectorate-General for Equality and Modernisation, which corresponds to the exercise of the powers referred to in paragraph (a) of the previous paragraph, as well as those referred to in paragraph (f) in the field of its privileges.

(b) The Subdirectorate-General for Social Economy, which corresponds to the exercise of the powers referred to in paragraph (b) of the previous paragraph, as well as those referred to in paragraph (f) within the scope of its powers.

(c) The General Subdirectorate of Deprived Areas, which corresponds to the exercise of the powers referred to in paragraph (c) of the previous paragraph, as well as those referred to in paragraph (f) in the field of its privileges.

(d) The Subdirectorate-General for Rural Development Strategies, which corresponds to the exercise of the powers referred to in paragraph (d) of the previous paragraph, as well as those referred to in paragraph (f) in the field of its attributions.

(e) The General Subdirectorate of Regadios and the Economy of Water, which corresponds to the exercise of the powers referred to in paragraph (e) of the previous paragraph, as well as those referred to in paragraph (f) in the field of its attributions.

Article 9. Directorate-General for Food and Food Industry.

1. The Directorate-General for Food and Food Industry has the following functions:

(a) To set, within the framework of the general planning of economic activity, the guidelines for the management and promotion of the agricultural and food industries.

b) To analyse the components of supply and demand at different stages of the food chain and to propose and develop lines of action in the field of marketing and distribution, without prejudice to competition allocated to other departments in this field.

c) Develop or participate in the elaboration of the state regulations on the development of the Spanish Food Code. All this taking into account the powers conferred on the Spanish Food Safety Agency.

d) Coordinate the functions of food quality control, in collaboration with the autonomous communities.

e) Develop the guidelines of the policy of sectoral vertebrate and contractual relations in the agri-food field.

(f) Setting the guidelines for food quality policy, developing state competences in terms of designations of origin, geographical indications, traditional specialities guaranteed, organic production, collective marks, guarantee marks or any other system relating to the protection and development of foods of particular characteristics. It is also the responsibility of the proposal and the development of actions to promote food products, in coordination, where appropriate, with the General Secretariat for Maritime Fisheries.

g) Cooperating with the autonomous communities and entities of the sector in this field, as well as elaborating proposals to establish the Spanish position vis-à-vis the European Union and other international bodies or forums in relation to with the above powers, taking into account the competence of the Spanish Food Safety Agency.

2. The following General Subdirectorates-General of the Food and Food Industry Directorate-General are responsible:

(a) The General Subdirectorate of Industries, Marketing and Agro-Food Distribution, which corresponds to the development of the powers referred to in paragraphs (a) and (b) of the previous paragraph, as well as those identified in the (g) in the field of its powers.

(b) The Subdirectorate-General for Food Planning, which is responsible for the development of the powers referred to in paragraph (c) of the previous paragraph, as well as those referred to in paragraph (g) in the field of its attributions.

(c) The General Subdirectorate of Food Control, which corresponds to the development of the powers referred to in paragraph (d) of the previous paragraph, as well as those referred to in paragraph (g) in the field of its privileges.

(d) The Subdirectorate-General for Interprofessional Relations, to which the development of the powers referred to in paragraph (e) of the previous paragraph corresponds.

(e) The General Sub-Directorate for Food Quality and Promotion, which corresponds to the development of the powers referred to in paragraph (f) of the previous paragraph, as well as those referred to in paragraph (g) in the field of its attributions.

Article 10. General Secretariat for Maritime Fisheries.

1. The General Secretariat for Maritime Fisheries, under the top management of the head of the department, shall exercise the department's own powers on the planning and implementation of the maritime fisheries policy, the basic management of the fisheries, aquaculture, marketing of fishery products in the field of state competence, as well as the preparation and implementation of the legislation in these areas. It also corresponds to the institutional relations with the professional organizations and other representative entities of interest in the fisheries sector, without prejudice to the powers of the Undersecretary of the department.

In addition, it shall exercise the functions relating to the European Union's fisheries agreements with third countries, those arising from Spain's membership or participation in international fisheries organisations, cooperation (a) international fisheries affairs, in coordination with the Ministry of Foreign Affairs and Cooperation, and participation in the planning of fisheries research policy in coordination with the Ministry of Education and Science.

It is also for the determination of the criteria to establish the Spanish position vis-à-vis the European Union and other fora in the matters referred to.

2. The Secretary General of Maritime Fisheries will hold the chairmanship of the Advisory Committee of the Fisheries Sector and the Fisheries Sectoral Commission.

3. The following management bodies are dependent on the General Secretariat for Maritime Fisheries:

a) The Directorate General of Fisheries Resources.

b) The Directorate General of Fisheries Structures and Markets.

4. The following Subdirectorates-General are directly dependent on the General Secretariat for Maritime Fisheries:

(a) The General Management and Planning Subdirectorate, which corresponds to the functions of planning, programming and coordination of the activities of the General Secretariat, as well as the support to the corresponding units of the Secretariat for economic, financial, budgetary and information management and human resources and internal arrangements.

(b) The General Sub-Directorate of Fisheries Regulations, which corresponds to the advisory functions in the elaboration of rules and acts whose initiative corresponds to the General Secretariat of Maritime Fisheries, as well as the elaboration reports on Community and regional rules affecting the functions of the General Secretariat, without prejudice to the powers assigned to it by the Technical General Secretariat. It is also responsible for the tasks relating to the handling of cases of penalties in the field of sea fishing.

5. The Ministry of Agriculture Fisheries and Food, through the General Secretariat of Maritime Fisheries, is hereby assigned the autonomous agency Fund for Regulation and Organization of the Market for Fish and Marine Crops (FROM), with its current structure and functions. The Secretary-General for Maritime Fisheries shall be the President of the body.

Article 11. Directorate-General for Fisheries Resources.

1. The Directorate General of Fisheries Resources has the following functions:

(a) The elaboration of regulations on maritime fisheries.

b) The management of fishing activity in the waters of the national fishing grounds.

(c) The proposal for a declaration of the areas of fisheries protection, as well as its management.

(d) Participation in negotiations on the fisheries agreements of the European Union and the international fisheries bodies and on the European Union's foreign fisheries policy issues.

e) The management of the fishing activity of the Spanish fleet operating under the agreements and bodies referred to in paragraph (d).

(f) The participation and coordination of actions concerning the European Union's internal fisheries policy.

g) The management of the fishing activity of the Spanish fleet in non-Spanish Community waters.

(h) The collection and processing of the information of the fishing activity in the field of control, especially for catches, transhipments, landings and fleet effort.

i) The inspection, surveillance and control of fishing activities and the coordination of peripheral services in this field.

2. The following Subdirectorates-General will be responsible for the Directorate-General for Fisheries Resources:

(a) The General Subdirectorate General of the National Fishing Authority, which exercises the powers described in paragraphs (b) and (c) of the previous paragraph, in coordination, where appropriate, with the autonomous communities, as well as those referred to in paragraphs (a) and (f) in the field of their privileges.

(b) The Subdirectorate-General for International Fisheries Relations, which exercises the powers described in paragraphs (d) and (e) of the previous paragraph, as well as those referred to in subparagraph (a) in the field of its privileges.

(c) The Subdirectorate-General for Community Affairs, which exercises the powers described in paragraphs (g) and (h) of the previous paragraph, as well as those referred to in paragraphs (a) and (f) in the field of its privileges.

(d) The General Subdirectorate of Fisheries Inspection, which exercises the powers described in paragraph (i) of the previous paragraph, as well as those referred to in paragraph (f) in the field of its privileges.

Article 12. Directorate-General for Structures and Fisheries Markets.

1. The Directorate-General for Fisheries Structures and Markets exercises the following functions:

(a) The planning of economic activity and basic management of the fisheries sector.

b) The planning and management of the fleet, management and monitoring of the census of sea fishing vessels.

(c) The management and monitoring of the registration of fishing vessels and the official registration of fishing enterprises in third countries.

d) The regulation and promotion of the continuing training of professionals in the sector and the registration of professionals.

e) The management of the Structural Funds of the Financial Instrument for Fisheries Guidance (FIFG) and other Structural Funds in the field of fisheries.

f) The coordination of national aquaculture plans, participation in international bodies and the coordination of the activities of Community policy in this field.

g) The functioning of the National Advisory Board on Marine Crops (JACUMAR) and the promotion of fisheries and aquaculture innovation, in the field of the competencies of the General Administration of the State.

(h) Basic management for the marketing and processing of fishery, shellfish and aquaculture products, in the field of the powers of the General Administration of the State and the Common Organisation of the Markets, and relations with the competent bodies in the field of external trade.

i) The promotion and regulation of fisheries producer organisations and other representative bodies in the sector.

2. From the Directorate-General for Fisheries Structures and Markets, the following Subdirectorates-General will be responsible:

(a) The General Subdirectorate of Fishing Fleet and Training, which exercises the powers described in paragraphs (b), (c) and (d) of the previous paragraph, as well as those referred to in paragraphs (a) and (e) in the field of its privileges.

(b) The Subdirectorate-General for the Management of the Structural Funds and Aquaculture, which exercises the powers described in paragraphs (f) and (g) of the previous paragraph, as well as those referred to in paragraphs (a) and (e) in the field of its attributions.

(c) The General Subdirectorate for Fisheries Marketing, which exercises the powers described in paragraphs (h) and (i) of the previous paragraph, as well as those referred to in subparagraph (a) in the field of its privileges.

Additional disposition first. Removal of organs.

The following units with general subdirection organic level are deleted:

(a) The General Secretariat for Institutional Coordination.

b) The General Secretariat for Coordination and Economic Planning and Statistics.

c) The Subdirectorate General for Human Resources and Personnel Management.

d) The General Subdirectorate for Plant Health.

e) The General Subdirectorate of Animal and Animal Nutrition.

(f) The General Subdirectorate for Management of Holdings.

g) The General Subdirection of Training, Technological Innovation and Associate Development.

h) The Subdirectorate General for the Improvement of Agricultural Structures, Generational Relay and Women's Incorporation.

i) The General Subdirectorate of Community Programmes and Initiatives.

j) The General Subdirectorate for Support for Multifunctional Agriculture.

k) The General Subdirectorate of Regadios.

l) The General Subdirectorate for Industrialization and Agro-Food Marketing.

m) The General Subdirectorate for Food Promotion.

n) The General Subdirectorate for Food Quality Control.

n) The General Subdirection of Differentiated Quality Systems.

or) The General Subdirectorate for Fisheries Regulations and Coordination.

p) The General Subdirectorate of the National Cale and Community Waters.

q) The General Subdirectorate of International Fisheries Agreements.

r) The General Subdirectorate of Multilateral Fisheries Organizations.

s) The General Management and Control Subdirection of the Fishing Activity.

t) The General Subdirection of Fishing Fleet.

Additional provision second. Organ supply.

In cases of vacancy, absence or illness, the Directors-General will be replaced by the Deputy Directors General of their dependency, following the order in which they appear mentioned for the first time in this royal decree, except the hierarchical superior common to all of them expressly establishes another order of substitution.

Single transient arrangement. Units and jobs with an organic level lower than that of the general sub-directorate.

1. The units and jobs with a lower organic level than the general sub-directorate, in the case of the deleted management bodies, will continue to remain until the corresponding employment relations adapted to the organic structure of this royal decree. Such adaptation, in no case, may lead to an increase in public expenditure.

2. The units and posts of work in the deleted organs or whose dependence has been modified by this royal decree shall be provisionally attached, by means of a decision of the Deputy Secretary, until the new relationship of The Council of the European Parliament, the Council of the European Parliament, the Committee of the European Parliament, the Council and the European Parliament.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree and, in particular, Royal Decree 376/2003, of 28 March, establishing the organic structure of the Ministry of Health Agriculture, Fisheries and Food.

Final disposition first. Powers of development and implementation.

The Minister of Agriculture, Fisheries and Food is authorized to adopt the necessary measures for the development and execution of this royal decree, before the appropriate legal procedures are carried out.

Final disposition second. Budgetary changes.

The Ministry of Economy and Finance will carry out the necessary budgetary changes for the fulfillment of the provisions of this royal decree.

Final disposition third. Entry into force.

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

Given Madrid, 11 June 2004.

JOHN CARLOS R.

The Minister of Public Administration, JORDI SEVILLA SEGURA