since its inauguration, the government has made clear its firm will to develop in all its fields of competence an effective policy of combating fraud, as a means of guaranteeing competitiveness, solidarity, interterritorial balance, social justice and the stability of the markets in a free competition regime.

The objective reality of the agri-food and fisheries sectors shows that the possible existence of fraud bags must be concretized and analysed in order to take measures that will enable the fight against fraud to be effective, Understanding that this is a common goal in which all administrations and especially the Autonomous Communities must participate.

The Ministry of Agriculture, Fisheries and Food, as the Ministry responsible to the institutions of the European Union for the management of Community funds from the common agricultural policy and as director and coordinator With the Autonomous Communities of the different policies in the agro-food and fisheries sectors, it is essential and urgent to arbitrate appropriate mechanisms of coordination and control with the autonomous administrations of the possible frauds (a) to be detected in these sectors in such a way that in the medium and short term they can adopt measures and adopt provisions of a general nature, aimed at preventing and prosecuting fraud in a coordinated manner with all national institutions with responsibility for the matter.

The resources from the European Union, the General Budget of the State and the various public administrations, as economic resources, are always scarce resources. These must be managed with the utmost rigour and transparency, avoiding their fate or employment in actions which may be detrimental to a policy of solidarity with the interests of the sectors and a system of income guarantee in line with the the guidelines of the common agricultural policy.

In addition, preventive mechanisms are required to prevent the birth of bags of fraud for which the collaboration of all public administrations and the active participation of the public authorities is also necessary. Agricultural professional organisations, fishermen, industries and other social partners, who are the main stakeholders in achieving the objectives set.

A decisive impetus in the fight against fraud in the agri-food and fisheries sectors will have a medium-and long-term impact on ensuring competitiveness between the companies operating in these sectors, avoiding unfair competition. It will also contribute to the detection, prosecution and eradication of fraudulent actions on the basis of aid from Community funds. All this means that Spain is facing the Community institutions, leading an effective policy of rigor and a better and more just use of these funds, demanding in this way with their example similar actions and for the same purpose. of the other States of the European Union.

The fight against fraud is of priority interest to the State and is framed within the coordination of the general planning of economic activity, collected as a state competence in Article 149.1.13. our Constitution, and therefore it must be the one that coordinates and raises the general lines of action, with the support and collaboration of all the Public Administrations, and most especially of the Autonomous Communities. This justifies the creation of a Commission for the prevention of fraud in the agri-food and fisheries sectors, as an appropriate instrument for the promotion and coordination of all these actions.

For their part, Chapter IV of Title II of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, sets out the requirements for the establishment of collegiate bodies, their classification and composition, as well as for the creation, modification and deletion of these organs. Articles 22 et seq. of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure regulate the legal status of the collective bodies.

Under the proposal of the Second Vice-President and Minister for Economic Affairs and Finance and the Minister for Agriculture, Fisheries and Food, with the approval of the Minister of Public Administration and after deliberation by the Council of Ministers at their meeting on 12 February 1999,

DISPONGO:

Article 1. Nature and character.

The Ministry of Agriculture, Fisheries and Food, the Commission for the Analysis and Prevention of Fraud in the Agri-Food and Fisheries Sectors, is hereby established as a collegiate body of the General Administration of the State, with the participation of different management bodies of the Ministry of Agriculture, Fisheries and Food, the Ministry of Economy and Finance, the Ministry of Health and Consumer Affairs, the Ministry of Justice and the State Agency Tax administration, in order to promote a coordinated and effective fight against all those fraudulent actions produced in the agricultural, fisheries and food sectors, for the purpose of optimising the use of the budgetary resources granted to economic operators in application of the guidelines of the common agricultural policy.

If the Commission, in the performance of its duties, identifies that the fraudulent actions could result in any health consequences or that they would in any way bind to the legitimate interests of consumers, transfer of the same to the relevant administrations, in order to carry out the necessary actions in the field of their competences.

Article 2. Functions.

These are the functions of the Commission for the Analysis and Prevention of Fraud in the Agri-Food and Fisheries Sectors:

(a) The programming and implementation of those studies and analyses to determine the sectoral and geographical areas where agri-food and fisheries fraud are based or have a special impact.

b) The implementation of the precise studies on the operation and implementation of the corresponding legislation in the fight against fraud.

(c) The proposal for operational or organizational measures both within the Ministry of Agriculture, Fisheries and Food, such as those involving the participation of other public entities with responsibility in the material.

d) The analysis of the results obtained by the application of the measures adopted and the technical assessment of the measures, determining the usefulness of the measures, as well as the need for their improvement, improvement or possible reorientation.

(e) Elaboration and elevation to the corresponding Sectoral Conference for the approval of a general plan to combat fraud in the agricultural, fisheries and food sectors, with the participation of public entities affected, containing the actions to be carried out within two years.

(f) Programming, organization and development of seminars, seminars, events or forums for the analysis and proposals of measures to combat fraud in the agri-food and fisheries sectors.

g) Promoting the collaboration of all public administrations with powers in the pursuit of agri-food and fisheries fraud.

Article 3. Composition.

1. The plenary session of the Commission for the Analysis and Prevention of Fraud in the Agri-Food and Fisheries Sectors will be composed of the following members, with voice and vote:

1. President: The Minister of Agriculture, Fisheries and Food, who can delegate to the Vice-President of the Commission.

2. Vice President: The Assistant Secretary for Agriculture, Fisheries and Food, who will replace the President in cases of vacancy, absence or illness.

3. Vocals:

a) Two representatives, with rank, at least, of Deputy Director General, of the General Secretariat of Agriculture and Food.

b) Two representatives, with the rank, at least, of the Deputy Director-General, of the General Secretariat for Maritime Fisheries.

c) Two representatives, with rank, at least, of Deputy Director General, of the Undersecretary of the Ministry of Agriculture, Fisheries and Food

d) The Director of the Olive Oil Agency.

e) The President of the Spanish Agrarian Guarantee Fund or person with the rank of Deputy Director-General in whom this delegate.

f) Two representatives of the Ministry of Economy and Finance with at least the rank of Deputy Director General.

g) A representative of the National Audit Office of the General Intervention of the State Administration.

h) Two representatives of the Ministry of Health and Consumer Affairs with at least rank of Deputy Director General.

i) A representative of the Ministry of Justice, with rank, at least, of Deputy Director General.

j) A representative of the State Tax Administration Agency with at least the rank of Deputy Director General.

All Commission Vocals shall be appointed by Order of the Minister of Agriculture, Fisheries and Food, on a proposal from the respective Undersecretaries, and, in the case of the Vocal of the State Administration Agency Tax, from its Director-General.

4. Secretary: The Deputy Director-General of the Organization, Planning and Coordination of the Secretariat of the Ministry of Agriculture, Fisheries and Food, who will be the Secretary of the Secretariat of the Secretariat of the Ministry of Agriculture, Fisheries and Food, will exercise his voice and without the right to vote. The Deputy Director-General shall be replaced by the Deputy Director-General appointed by the Vice-President of the Commission.

2. An Executive Committee, composed of the President, the Vice-President, five representatives, elected by the plenary session among its members, and the Secretary of the Plenary, who will be responsible for the fraud, shall be set up within the Commission for the Analysis and Prevention of Fraud. Secretary of the Commission.

The Executive Committee shall exercise the functions assigned to it by the Plenary.

All of your members will have a say, except for the Secretary, who will only have a voice.

3. Without prejudice to paragraph 1 of this Article, the President, having heard the plenary session, may, on a permanent or permanent basis, incorporate any representatives of other management centres, public bodies or institutions, or private or other public administrations, so that, with a voice but without a vote, they will provide their collaboration and advice in the Commission's work.

4. At the invitation of the President and without prejudice to the provisions of Article 7 of this Royal Decree, a representative of the Autonomous Communities who decides to join it may be part of the plenary of this Commission, with a voice and vote.

Article 4. Rights and obligations of members.

1. All the members of the Commission may have access to that documentation, background or reports in public records and registers, the latter of which is necessary for the fulfilment of the purposes entrusted to them, their proper use, as well as to keep secret of how many cases they are aware of by virtue of their membership of the Commission.

2. All the bodies of the General Administration of the State and the other public authorities shall provide the Commission with the official data in the exercise of their duties.

3. The rights and obligations referred to in the preceding paragraphs shall be exercised and complied with in accordance with the provisions of the law in force with regard to the transfer of data between public administrations.

Article 5. Scheme of activities.

1. The Commission for the Analysis and Prevention of Fraud in the Agri-Food and Fisheries Sectors will produce a progress report in the last quarter of the year on the main areas in which fraudulent actions have been detected and the actions carried out, accompanied by a proposal for the measures to be taken as appropriate. Four-monthly reports shall be drawn up to determine the degree of compliance with the actions and measures undertaken by the Commission.

2. The Commission shall adopt an annual report, which the President shall submit to the Council of Ministers, setting out the progress and results of the action taken by the Commission and the effects and effects of the implementation of the measures. adopted.

3. The Vice-President of the Commission, with the agreement of the President, shall forward the guidelines and suggestions which the Commission shall agree to the competent bodies of the Ministry of Agriculture, Fisheries and Food and other ministerial departments, and the other public administrations competent in the matters covered by the Commission.

4. The Commission, together with other bodies of the General Administration of the State, may design joint fraud prevention plans, which shall be submitted to the Government and to the competent authorities for approval and, where appropriate, to carry out shape to determine.

Article 6. Operation.

1. For the purposes of the holding of meetings, deliberations and adoption of agreements, the presence of the President, the Registrar and two-thirds shall be required of at least the members of the Commission.

2. It is for the Secretary, by order of the President, to convene the sessions at least ten working days in advance, by sending the order of the day and the documentation to be provided.

The agenda will be set by the President, although members will be able to request the incorporation of new issues with at least five days in advance of the date of the call.

Additional documentation may be distributed up to two days before the date of the call.

May be the subject of deliberation and agreement issues not included on the agenda, provided that all members of the Commission are present and the urgency of the matter is declared by the majority vote.

3. The Secretary shall perform the technical support tasks assigned to him by the Commission at any time.

4. The agreements shall be adopted by a majority of votes, corresponding to the President's vote of quality in the event of a tie.

5. The Executive Committee shall decide by an absolute majority of its members on matters in which the Commission decides whether or not they are responsible.

6. The plenary session of the Commission shall meet at least once a quarter, while the Executive Committee shall hold sessions on a monthly basis, at least.

7. The Commission's plenary session, on a proposal from the Executive Committee, shall adopt the internal rules for the organisation and operational functioning of the Commission which are deemed necessary for the best fulfilment of its objectives. The administrative functions of the Secretariat of the Commission shall be developed by the General Secretariat of the Organization, Planning and Coordination of the Ministry of Agriculture, Fisheries and Food.

8. The functioning of the Commission, whether acting in plenary or in the Executive Committee, shall be governed, as not provided for in this provision, by the provisions of Chapter II of Title II of Title II of Law No 30/1992 of 26 November 1992 on the Public Administrations and the Common Administrative Procedure.

Article 7. Working groups and external advice.

1. The Commission may set up working groups with the composition and objectives to be determined. The working groups may include experts in the field or obtain their opinion and invite representatives of the Autonomous Communities and other bodies of the Public Administrations to participate in their work.

2. The President of the Commission may seek the cooperation of the agricultural sector organisations, trade unions and other social partners which he considers appropriate.

Article 8. Operating expenses.

The Commission's internal operating expenditure shall be charged to the ordinary budget of the Ministry of Agriculture, Fisheries and Food. Each Ministry or Public Administration shall address the allowances and travel expenses of its members in the same or its working groups which may be generated by activities of the Commission, from its own budget.

Article 9. Headquarters.

1. The Commission shall have the headquarters of the Central Services of the Ministry of Agriculture, Fisheries and Food.

2. The meetings of the plenary of the Commission, its Executive Committee or the working groups to be set up shall be held at the Commission's headquarters, without prejudice to the fact that the President may authorise another for justified specific cases.

Single end disposition. Entry into force

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

Given in Madrid to 12 February 1999.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ