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Order Pre/634/2004, Of 5 March, Which Is Created By The Trade Names Of Species Fisheries Commission In Spain.

Original Language Title: ORDEN PRE/634/2004, de 5 de marzo, por la que se crea la Comisión de Denominaciones Comerciales de Especies Pesqueras en España.

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The expansion of the Spanish fishing markets, the disruption of the commercial circuits of unknown species as a result of the search for new fishing grounds and the increase of trade with other countries, they have resulted in the marketing of a great profusion of species from all over the world whose identification is necessary to carry out as rigorously as possible.

This identification, with the development of one of the European Union's priority objectives, is that of achieving greater transparency in the fishing markets and in turn offering adequate information to the consumer. final as far as the identity of the product to be consumed is concerned.

Royal Decree 1380/2002 of 20 December, identifying frozen and deep-frozen fishery, aquaculture and seafood products, enables the Ministries of Agriculture to make their final disposal, Fisheries and Food and Health and Consumer Affairs, for the creation of a collegiate body in which the Autonomous Communities may participate.

Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, regulates in general, in its Articles 38, 39 and 40, how the collegiate bodies must be created and other requirements, integrated into the General Administration of the State or its public bodies.

In its virtue, on the proposal of the Ministers of Agriculture, Fisheries and Food and of Health and Consumption, and with the prior approval of the Minister of Public Administrations, I have:

Article 1. Object.

1. The Commission of Commercial Denominations of Fishery Species in Spain is hereby established as a collegiate body for the study and proposal of the commercial denominations of fishing species admitted in Spain.

2. This commission is attached to the General Secretariat for Maritime Fisheries of the Ministry of Agriculture, Fisheries and Food.

Article 2. Functions.

They are the functions of the Commission of Trade Denominations of Species Fishing in Spain:

1. To unify in one single, the different commercial denominations with which a fishing species is known in the Spanish markets, giving to that consideration of proposal of official commercial denomination in all the Spanish territory adapting to that name its corresponding scientific name. This is without prejudice to the names accepted for the various Autonomous Communities.

2. To consider, and if so, to accept, as definitive trade names, those trade names provisionally accepted for at least a period of five months from the date of the allocation of that provisional denomination, to the to put a new product on the market.

3. Propose to the General Secretariat for Maritime Fisheries, the inclusion of the trade names of the new species that are marketed in the Spanish market in the list of commercial denominations of fishing species.

4. Review annually the content of the list of trade names of fishing species in order to propose the necessary changes. Revisions may also be established by the Commission in periods lower than that provided for in this paragraph.

5. The Commission may set up working groups necessary for the proper functioning of the Commission.

Article 3. Composition.

1. The Commission shall be chaired by the Deputy Director-General for Fisheries Marketing.

2. Will be Commission Vowels:

(a) A representative of the General Secretariat for Maritime Fisheries.

b) A representative of the Spanish Food Safety Agency.

c) A representative of the National Consumer Institute.

d) A representative of the Spanish Institute of Oceanography.

e) A representative of each Autonomous Community.

f) A representative of the Consumer Sectoral Conference.

g) Four representatives of the Fisheries Sector:

A representative of the processing industry or processing industries.

A representative of the marketer.

An extractive sector representative.

A representative of the distribution.

h) A representative of the Consumers and Users Council.

i) A representative of the Fund for Regulation and Organization of the Market for Fish and Marine Crops (FROM).

j) A representative of the Secretary of State for Trade.

3. A representative of the General Secretariat for Maritime Fisheries shall act as Secretary.

4. All members of the Commission shall have a say and vote, deciding in the event of a tie the President's vote of quality.

Article 4. Operation.

1. The Commission of Commercial Designation of Fishery Species in Spain shall act in plenary or through the working groups which are constituted.

2. The Commission shall meet at least once a year, at least once a year, and the presence of the President and the Secretary and half of its members shall be required for the establishment of at least the presence of the President and the Secretary. on the call of its chairman or at the request of one of its constituents. The working groups shall meet the periodicity to be determined by their coordinator.

3. Representatives of other bodies of the administration may be included in the meetings of the Commission and the working groups at the invitation of its President or on a proposal from the members of the Commission or the members of the working groups. General of the State or of public bodies dependent on it experts on the subjects to be studied in the sessions, with a voice but without a vote.

4. The Commission shall be governed by the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The Commission may also, where appropriate, approve the rules of internal arrangements which it considers to be operational.

Additional disposition first. Constitution.

The Commission for the Study of Trade Denominations of Fishing Species shall hold its constituent session within the maximum period of 45 days from the entry into force of this Order.

Additional provision second. Economic impact.

The creation and functioning of the commission will not increase public spending, and its functioning will be met with the human and material resources available in the Ministry of Agriculture, Fisheries and Food.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 5 March 2004.

BOCANEGRA SANDS

Excmo. Mr Minister for Agriculture, Fisheries and Food and Excma. Ms Minister for Health and Consumer Affairs.