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Order Of 11 May 2001 On The Structure And Functioning Of The File Olive Computerized (Foi) Spanish.

Original Language Title: ORDEN de 11 de mayo de 2001 sobre la estructura y funcionamiento del Fichero Oleícola Informatizado (FOI) Español.

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Council Regulation No 136 /66/EEC of 22 September, as last amended by Regulation (EC) No 1638/98 establishing a common organisation of the market in oils and fats, provides for the Article 5, the granting of aid for the production of olive oil. The general rules for granting the aid are laid down in Regulation (EC) No 2261/84, as amended by Regulations (EC) No 1639/98 and (EC) No 2366/98.

Article 16 of Regulation (EC) 2261/84 lays down the obligation to create and keep up-to-date information on olive-growing data, in order to properly manage and control production aid. These files shall consist of the databases reflected in Article 27 of Regulation (EC) No 2366/98 of 30 October laying down detailed rules for the application of the aid scheme for the production of olive oil for the marketing years. Marketing year 1998/1999 to 2000/2001. This Regulation, which was developed for Spain by Royal Decree 368/1999 of 5 March 1999 regulating aid for the production of olive oil for the 1998/1999 to 2000/2001 marketing years, provides that the Member States may create files decentralised, provided that they are conceived in a uniform manner and are compatible with each other and accessible centrally at the level of the paying agency and the Agency for Control.

The decentralised management of olive oil production aid in Spain has led to the development of specific files for olive oil data by Autonomous Communities, the structure and size of which is adapted to the operational needs of the territorial scope of each of them.

In application of the Community legislation, the Ministry of Agriculture, Fisheries and Food has launched a national and centralized Computerised Olive File, which collects the historical management and control data. the annual production aid, as well as the specifications contained in the abovementioned Regulations, in order to facilitate the control operations necessary for the proper administration of the aid scheme for the production of olive oil.

The experience gained in past campaigns, as well as the regulatory changes mentioned above, advise to establish new guidelines on the structure of FOI, content, transfer and transfer of data and access to the information, define more precisely the administrative bodies responsible for collecting the information necessary for their generation and maintenance, as well as determine the tasks and functions of each of the different types of information. are directly or indirectly involved in the whole process.

The body responsible for the proper management of the FOI is the Standing Committee for the Management and Maintenance of the Computerised Olive File and the Spanish Geographic Information System, in accordance with the provisions of the 29 November 1999, for which the abovementioned Committee is hereby established.

With the aim of managing and coordinating the information flows in the field of aid for the production of olive oil and table olives, the data available from the Agency for Olive Oil are integrated into the FOI, as well as the as the information provided by the Autonomous Communities and by the Spanish Agricultural Guarantee Fund, as a coordinating body for the paying agencies.

Finally, it is appropriate to amend the Order of 26 July 1994, which regulates the files with personal data managed by the Ministry of Agriculture, Fisheries and Food, in the part concerning the file Informatised oleicola, in order to incorporate in the same data updated as provided in the present Order.

This provision is made under the scope of the habilitation contained in Article 149.1.13.a of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the economic activity.

In its virtue, I have:

Article 1. Content of The Computerised Olive File.

FOI, as an instrument required and regulated by the Community law and the state of development, shall contain, for the current marketing year and the previous four, at least the following information:

(a) For each olive grower and for each of the campaigns in which it has submitted a request for assistance:

The data contained in your current crop declaration for that campaign.

The quantities of oil produced, contained in the certificate issued by the mill in which you have milled your olives, those for which you have applied for production aid, and the quantities for which you are finally that aid has been paid to it.

The amounts of olive delivered for processing in the table olive conditioning industries.

The results of the controls that the olive grower has been subjected to.

(b) For each producer organisation and union, the data to be used to verify its activity in the aid scheme for the production of olive oil and the results of the checks carried out on each of them.

c) Of each authorized mill:

The data relating to the conditions of authorisation, as provided for in Article 13 of Regulation (EC) 2261/84 and Article 7 of Regulation (EC) No 2366/98, to its technical equipment and milling, storage and packaging, updated for each operating campaign.

The data relating to your stock accounting in the campaign (campaign data) among those found: The quantities of olive oil entered and milled, the oil obtained, the certified oil with the right to receive aid, the quantities of oil from the mill and the quantities of olive pomace from the mill, in accordance with Articles 7 and 8 of Regulation (EC) No 2366/98.

The results of the checks carried out at each mill in accordance with Article 30 of that Regulation.

(d) For each marketing year and for each homogeneous production area, the indicative yields in olive and oil for the same, as well as the average yields of the two and four preceding marketing years.

e) The alphanumeric database and the graphical reference base of the Geographic Information System (GIS) and the results of the controls performed in the updating of the Geographic Information System.

(f) The file of new plantings which will include the data from the plantations carried out between 1 November 1995 and 31 October 1998 and the results of the checks carried out on them, set out in the years 1.04 and 1.05.

g) The general data and each marketing year of the table olive-producing industries and the results of the checks carried out on them.

Article 2. Structure of the FOI and flow of your information.

1. The Ministry of Agriculture, through the Standing Committee and with the collaboration of the Ministry of Agriculture of the Autonomous Communities will coordinate the actions necessary to collect, update and facilitate the use of the information contained in the FOI.

2. As set out in Regulations (EC) 2261/84 and (EC) No 2366/98, FOI shall be structured in the following inter-related databases:

Crop declarations.

File for new plantations.

Spanish Oleicola Register.

Oleicola Geographic Information System.

Documentation for production aid requests.

Yields of homogeneous production zones.

Data from recognized producer organizations (OPRs) and, where applicable, their unions.

Almazaras file.

Payments of production aid, to producers and their organizations.

Data from controls made to olive growers, OPRs and mills.

File of table olive producing industries authorized to certify production aids.

3. The information to be integrated into the FOI will be channeled as follows:

(a) The Autonomous Communities shall include in the FOI the following data:

The computerised crop declarations, before 1 May of each year, for those submitted in the current olive-growing season; the results of the checks carried out in compliance with the provisions of Article 28 of the Regulation (EC) No 2366/98 and the specific file of the new plantings between 1 November 1995 and 31 October 1998, within three months of the date of entry into force of this provision (annexed number 1).

The computerised relationship of OPRs and Unions recognized at the beginning of the campaign in their management field and general data of them according to the design contained in Annex 2, within a period of 15 days from the beginning of each Olive-oil campaign.

The data contained in the production aid applications, including the approved mill certificates and/or processing industries, as well as the data concerning the olive receptors as shown in the specified in Annex No 3, within two months of the end of the marketing year to which they relate and the results of the checks carried out on them.

The ratio of authorized mills to each marketing year, within 15 days after the start of the olive-growing season, as specified in Annex 4, for those authorised in previous marketing years or, where applicable, in the the time of the authorisation by the relevant Autonomous Community.

The data corresponding to the technical equipment and facilities of each one, as recorded in the Register of Agricultural Industries, within two months of the entry into force of this provision (Annex 4).

The quantities of molturated olive, oil obtained and certified by each of them plus the data specified in the second indent of Article 1 (c), according to the design contained in Annex No 4, before the seven months after the end of each olive-growing season for the mills authorized in the previous marketing year.

(b) The Spanish Agricultural Guarantee Fund shall include in the FOI, for each marketing year, the individual quantities referred for payment to olive growers by the paying agencies to producer organisations and their unions. and the amounts which they themselves belong to within the framework of the aid scheme for the production of olive oil, as well as the payment settlements (advances or balances) of the aid to non-associated producers.

All this, for each financial year of the EAGGF, in accordance with the format and content laid down by Commission Regulation (EC) No 2390/1999 of 25 October 1999 laying down detailed rules for the application of the Regulation (EC) No 1663/95 on the form and content of the accounting information to be kept available to the Commission by the Member States for the clearance of the accounts of the EAGGF Guarantee Section.

It will also include information on the follow-up to the proposals for action that the Agency for Olive Oil will cure to the Autonomous Communities.

(c) The Agency for Olive Oil shall incorporate into the FOI, in each marketing year, the results obtained in the course of its activities as regards the controls carried out by that organism to olive growers, organisations of recognised producers and their authorised unions and mills, as these results form part of the Agency's own database, as well as the proposals for action arising from those controls which it itself (a) to the Autonomous Communities.

d) The Directorate General for Food will include in the FOI the information contained in the National Register of Producers of Aceituna de Mesa authorized, as soon as it is available, as well as the different updates to be carried out in this Register in accordance with the provisions of the Ministerial Order of 19 October 1999 concerning the establishment and maintenance of the Register of Producers of Industry of the Bureau authorized to Certify Aid to Production. All this according to the design contained in the aforementioned Order and in TxT format.

e) The Standing Committee, in addition to carrying out the tasks entrusted to it in the Order of 29 November 1999, will include in the FOI all the information contained in the Spanish Olive Register, the yields of the homogeneous production areas (Annex 6) and the production from the Olive Geographical Information System.

4. The security measures of this Computerised Olive File are those established at the basic level.

Article 3. Computer model.

1. The computer model that supports FOI is a unique system of centralized programs and data in the Ministry of Agriculture, Fisheries and Food, in which the tasks of updating and exploitation will be carried out from the terminals or peripheral systems of the management and control bodies for the production of olive oil, i.e. Autonomous Communities, the Spanish Agricultural Guarantee Fund, the Olive Oil Agency and the Directorate-General for Food.

2. The communication through which the maintenance and consultation of the Computerized Olive File will be carried out will be carried out by some of the procedures that are collected in the collaboration agreements to establish a permanent channel of The Ministry of Agriculture, Fisheries and Food has recently signed up to the Ministry of Agriculture, Fisheries and Food.

3. The design, technical direction and construction of the computer system is entrusted to the Subdirectorate General of Informatics and Communications, and the functional direction to the Standing Committee, and, in its field of action, to the Autonomous Communities and other management bodies, under the coordination of the abovementioned Committee.

4. The managing bodies of the Computerised Olive File will be responsible for the content of

the information that in this resides. To this end, the Ministry of Agriculture, Fisheries and Food will ensure, through the Standing Committee, the security of this information and the construction of access control to it, protecting both the computer systems and the information, against improper access, and enabling through its registration the performance of subsequent audits. The Standing Committee shall also ensure, in agreement with the administrations and bodies concerned, the type of information to which it is expressly authorised.

5. The regulation of access control will be carried out according to the following criteria: The Standing Committee, through the Subdirectorate General of Informatics and Communications of the Ministry of Agriculture, Fisheries and Food, will assign a first level of access to the managing bodies of the FOI. These, for their part, will authorize the units dependent on them and the users to whom they are recognized, the access to the FOI, with the limitations that are established for the purposes of consultation, updating or other tasks. All access to FOI from users must be recorded in the computer system.

Article 4. Access and exploitation of FOI information.

1. In accordance with Community rules, they may use the information contained in the FOI as users of the following units:

In the field of the General Administration of the State, the Spanish Agricultural Guarantee Fund, the Olive Oil Agency, the General Food Directorate and the Standing Committee for the Management and Maintenance of the File Information from the Ministry of Agriculture, Fisheries and Food.

The Agricultural Counselors of the different Autonomous Communities, for data belonging to the territorial scope of their competence.

The recognized producer organizations and their unions, only in terms of data from the olive growers associated with each of them.

The Services of the Commission or other institutions of the European Union that request it.

2. Irrespective of the access and use which, as users, may be carried out by the Commission or other institutions of the European Union, the information from the FOI shall be the only means of providing data to the different Member States. national or European Union bodies, at their request. Such supply shall always be carried out under the supervision of the Standing Committee.

Additional disposition. Amendment of the annexes.

The Deputy Secretary of Agriculture, Fisheries and Food is hereby authorized to amend, on a proposal from the Standing Committee, the specifications contained in the computer-related documents of this Order, to the extent required by the development of processes and changes in the rules of the European Union.

Single transient arrangement.

The elaboration of the new computer system, which will allow the automatic and validated incorporation of the information and the secure access of the various bodies managing the FOI and the users, the information This Order shall be incorporated into the FOI with the structure of records set out in Annex 1 to 6 and Appendix 1.

Single repeal provision.

The Order of 1 August 1990, concerning the constitution and maintenance of the Computerised Olive File, is hereby repealed.

Final disposition first. Amendment of the Order of 26 July 1994.

The number 19 in the Annex to the Order of 26 July 1994, which regulates the files with personal data managed by the Ministry of Agriculture, Fisheries and Food, is replaced by the following text:

" Number 19. Computerized Olive Oil File.

1. Purpose and uses: To facilitate the control and verification operations necessary for the proper management of the aid scheme for the production of olive oil and table olives.

2. Persons or groups on whom data are intended to be obtained on a personal basis or which are required to supply such data: olive growers, mills, processing industry of table olives, recognised producer organisations and unions.

3. Origin and procedure for the collection of personal data: The origin and procedure for the collection of personal data shall be carried out in accordance with the provisions of Article 2.3 of the Order of May 2001, on the structure and operation of the Spanish Computerised Olive File, with limited data transfers to the assumptions described in Article 4.

4. Basic structure of the FOI and description of the personal data included in it: The basic structure of the Computerised Olive File, will be the one provided for in Article 1 of the Order of May 2001, on the structure and operation of the Spanish Computerised Olive File.

5. Data disposals that are provided:

Autonomous Communities, Spanish Agricultural Guarantee Fund, Olive Oil Agency, the Food and Agriculture Ministry of the Ministry of Agriculture, Fisheries and Food and Institutions of the European Union (European Commission and Court of Auditors).

The recognized producer organizations and their unions, only in terms of data from the olive growers associated with each of them.

6. Responsible body: Standing Committee for the Management and Maintenance of the Computerised Olive File.

7. Body to which the rights of access, rectification and cancellation may be exercised:

Standing Committee for the Management and Maintenance of the Computerised Olive File.

8. The security measures of the FOI are those established at the basic level. "

Final disposition second. Entry into force.

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

Madrid, 11 May 2001.

CANETE ARIAS

(SEE IMAGES, PAGES 17702 TO 17711)