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Order Of 16 September 1998, By Which It Ratifies Decree 102/1996, Of 7 October, Which Regulates The Organic Agricultural Production And Creates The Regulatory Council Of The Ecological Agriculture In Cantabria...

Original Language Title: ORDEN de 16 de septiembre de 1998, por la que se ratifica el Decreto 102/1996, de 7 de octubre, por el que regula la producción agraria ecológica y se crea el Consejo Regulador de la Agricultura Ecológica de Cantabria...

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TEXT

Approved Decree 102/1996, which regulates organic agricultural production and creates the Council of Organic Agriculture of Cantabria, as amended by Decree 4/1998.

According to Royal Decree 4188/1992 of 29 December 1992 on the transfer of functions and services of the State Administration to the Autonomous Community of Cantabria in the field of agriculture, and Article 1 of the Royal Decree 1852/1993 of 22 October 1993 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs.

Whereas Decree 102/1996 of 7 October, as amended by Decree 4/1998 of 23 January on the regulation of organic agricultural production and the creation of the Council of Organic Agriculture of Cantabria, is hereby approved. In accordance with Regulation (EEC) No 2092/1991 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, it is for this Ministry to know and ratify the precise Decree for the purposes of the defence at national and international level.

In its virtue, I have:

Single item.

The text of Decree 102/1996 of 7 October, which regulates organic agricultural production and is created by the Regulatory Council of Organic Agriculture of Cantabria, is ratified with the amendments established by the Decree 4/1998 of 23 January, which is annexed to this provision, which the Ministry of Agriculture and Fisheries assumes for the purposes of its promotion and defence at national and international level.

Single end disposition. Entry into force.

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

Madrid, 16 September 1998.

DE PALACIO DEL VALLE-LERSUNDI Ilmo. Mr Secretary-General for Agriculture and Food and Ilma. Ms. General Director of Food.

ANNEX

Decree 102/1996 of 7 October for the regulation of organic agricultural production and the creation of the Council of Organic Agriculture of Cantabria, as amended by Decree 4/1998 of 23 January. food products produced according to natural methods determines the need to regulate organic or organic farming, both in the production phase and in the production and marketing.

In the European Union, Council Regulation (EEC) No 2092/1991 of 24 June (Official Journal of the European Communities of 22 July) on organic production of agricultural products and indications referring thereto on agricultural products It sets out a series of rules for the presentation, labelling, production, production and control of products from organic or organic farming and livestock farming.

The Community standard provides that the control of organic or organic agricultural production must be carried out by the authorities designated by the Member States, with Spain being the responsibility of the Autonomous Communities to designate the the competent authority and the supervisory authority, as recognised in Article 5 of Royal Decree 1852/1993 of 22 October 1993 (Official State Gazette of 26 November).

The competent authority should therefore be established and the supervisory authority established and structured, as well as the implementation and development of the provisions of Community legislation on organic or organic farming. within the scope of the Autonomous Community of Cantabria.

By virtue of this competence, and on the proposal of the Minister for Livestock, Agriculture and Fisheries, and after deliberation by the Governing Council at its meeting on 3 October 1996, I have:

Article 1. Scope of application.

This Decree is intended to regulate, in the area of the Autonomous Community of Cantabria:

(a) The production, production and marketing of the products listed in Article 1 (a) and (b) of Regulation (EEC) No 2092/1991 of the Council of 24 June on organic or biological agricultural production and their an indication of agricultural and food products.

(b) The instruments for promoting, promoting, controlling and advising on organic or biological agriculture.

Article 2. Ecological indication.

A product shall be understood to have indications referring to the organic or biological method of production, where on its labelling, advertising or commercial documents, the product or its ingredients are identified with the name "ecological".

The same old nature shall have when in its identification terms such as "organic", "biodynamic" and their respective compound names are mentioned, as well as the words "eco" and "bio", whether or not accompanied by the name of the product, of their ingredients or of their trade mark, and in general, where the indication allows the consumer to understand that the product or its ingredients have been obtained in accordance with the production rules laid down in Article 6y7 of the Regulation (EEC) 2092/1991 and the provisions implementing it.

Article 3. Reservation of ecological indications.

Organic or biological indications may be used only by operators producing, producing or packaging, for the purpose of placing on the market, the products listed in Article 1 in accordance with the rules of the Council Regulation (EEC) No 2092/1991 to notify the competent authority of its activity and to submit to the control of the Council of Agricultural Agriculture of Cantabria.

The use of the indications shall be carried out in accordance with Article 5 of Regulation (EEC) No 2092/1991.

In agricultural and food products other than those covered by this Decree, the use of names, marks, expressions and signs which, due to their phonetic or graphic similarity with the protected ones, can be induced is prohibited. they are confused with them even if they are preceded by the expressions "type", "style", "taste" or other analogous.

Article 4. Competent authority.

The Government of Cantabria, through the Ministry of Livestock, Agriculture and Fisheries, will exercise in the territory of the Autonomous Community of Cantabria the functions of competent authority, in accordance with the provisions of the Article8and9delRegulation (EEC) 2092/1991.

Article 5. Council of Organic Agriculture of Cantabria.

The Council of Organic Agriculture of Cantabria is hereby established, as a collegiate and unconcentrated organ of the Ministry of Livestock, Agriculture and Fisheries, for the exercise of the functions of the sole control authority in the territory of the Autonomous Community of Cantabria.

Article 6. Functions of the Council.

1. The Regulatory Board of the Organic Agriculture of Cantabria shall be responsible for implementing in the field of its powers the control system set out in the Articles 8 and 9 of Annex II to Regulation (EEC) 2092/1991.

2. In addition, the Council will have the following functions:

(a) Develop the Council's rules of procedure and elevate it to the Ministry of Livestock, Agriculture and Fisheries for approval.

b) To ensure compliance with the provisions of this Decree and the rules of procedure.

(c) To disseminate knowledge and the application of organic or biological production systems, giving technical advice to companies that perform such productions or who want to start this activity in the terms of this I decree, and support the activities of the associations promoting organic or organic farming.

(d) To formulate proposals and guidelines for organic or organic agricultural production, through reports to the Ministry of Livestock, Agriculture and Fisheries.

e) Propose to the Ministry of Livestock, Agriculture and Fisheries the own logo that identifies the organic or biological agricultural products of Cantabria.

f) Promote modifications and/or additions to the General Booklet of Production and Production Standards.

g) Set the conversion period for those operators who initiate organic or biological production in the terms of this Decree.

h) Promote the consumption and dissemination of organic or organic agri-food products.

i) Velar by the correct use of ecological or biological indications with special attention to the end points of sale.

j) Keep the following records updated:

Register of operators holding agricultural holdings.

Register of operators holding companies for the manufacture or marketing and packaging of products.

k) Approve the preliminary draft budget and annual memory and propose its approval to the Ministry of Livestock, Agriculture and Fisheries.

l) Resolve on conformity or disconformity with the control regime of organic or biological agri-food product operators, subject to a binding report of the Qualifying Committee.

m) Adopt, after reporting by the Qualifying Committee, the measures provided for in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991.

n) All other functions that can be attributed to you by the Ministry of Livestock, Agriculture and Fisheries.

Article 7.

1. Operators holding companies for the production or production of organic or biological products subject to the control of the Council, as well as the associations of producers, will be represented on the Council of the Organic Agriculture of Cantabria. Consumer and agricultural professional organisations.

2. Member of the Council:

a) The President.

(b) Three Vocals representing the holders of production holdings.

c) Two Vocals representing the holders of working companies.

d) Two Vocals representing the Agricultural Professional Organizations.

e) A Vocal representing consumer associations.

(f) A technical director, whose appointment shall be in person with recognised knowledge on organic or organic farming.

g) Two vowels representing the Ministry of Livestock, Agriculture and Fisheries, acting as one of them as Council Secretary.

3. The Vocal representatives of the organic or biological operators shall be democratically elected in each sub-sector by those subject to the control of the Council and between them.

Vowels will be renewed every four years, and can be re-elected. The system and the electoral procedure shall be established by the Council's Rules of Procedure. In no case may a Vocal be able to represent more than one subsector of operators.

4. The Vocal representatives of consumer associations and agricultural professional organizations will be appointed by the Minister of Livestock, Agriculture and Fisheries after consultation with the most significant associations and organizations.

5. The Council shall have the inspection services, as well as the advice necessary for its normal operation.

Article 8. Council meetings.

1. The Council, convened by the President or the person in which it delegates, shall meet in ordinary session with the frequency of its members to establish and, in any event, at least once a quarter.

2. The Council shall meet in extraordinary session when convened for this purpose by the President or at least one third of its members.

3. The convocation, the system of operation of the sessions and the arrangements for the adoption of agreements shall be laid down in the Council's Rules of Procedure.

Article 9. President of the Council.

1. The President of the Council shall be appointed by the Minister of Livestock, Agriculture and Fisheries at the proposal of the Regulatory Council of Organic Agriculture of Cantabria for a period of four years.

The position of President shall be in person who accredits sufficient knowledge on organic or biological agricultural production.

The President will cease at the end of his term of office, at his own request, once his resignation has been accepted, or by decision of the Minister of Livestock, Agriculture and Fisheries by agreement of the absolute majority of the members of the Council.

2. The President of the Council may delegate his duties to one or more members of the Council, in the terms and conditions laid down in the Council's Rules of Procedure.

3. They will be the functions of the President of the Regulatory Board of Organic Agriculture of Cantabria:

a) Represent the Council.

b) Convening and chairing Council meetings.

(c) Coordination of the inspection activities shall be requested by the Council in accordance with the general guidelines laid down by the Council.

d) The economic management of the Council, preparing the preliminary draft budgets and the annual report and the referral of both to the Ministry of Livestock, Agriculture and Fisheries for approval.

e) Report to the Ministry of Livestock, Agriculture and Fisheries of the agreements adopted by the Council, and of the evolution and incidents that occur in the production and in the market.

f) All those that can be entrusted to you by the Council.

Article 10. Qualifying Committee.

The Council will establish a Product Rating Committee, which will be responsible for reporting on the quality of products covered by this Regulation.

The Qualification Committee shall be composed of at least three members of recognised prestige in organic or biological agriculture selected in accordance with the Council's Rules of Procedure, with one of They are the Technical Director.

The Committee shall issue a report on conformity or non-conformity with the control regime of operators of organic or biological products. This report, which will be either prior or binding, will also be issued before any sanctions are imposed on operators.

Article 11. Council staff.

1. The Council shall have inspectors in place to carry out the control system set out in this Decree.

At the request of the Council of Organic Agriculture of Cantabria, the Ministry of Livestock, Agriculture and Fisheries will facilitate the inspection functions through its corresponding services.

2. He shall also have a technical director who shall carry out the following tasks:

a) Chair of the Qualification Committee.

(b) Development of projects for the productive conversion of enterprises wishing to initiate organic or biological production, and in general to advise and disseminate knowledge and the application of the organic or organic production.

c) Training of operators, organising courses and studies to ensure the development of organic and organic farming.

d) Give technical support to the Council for the performance of its duties and act independently of the surveillance and inspection services.

The Technical Director will be appointed on a proposal from the Regulatory Board by the Minister of Livestock, Agriculture and Fisheries.

Article 12. Financing.

Council funding will be made with the following resources:

(a) The amounts contributed by the operators who submit their company to the control system.

b) The budgetary allocations, granted to you by the Regional Council of Cantabria.

c) The grants, legacies, and donations you receive.

(d) the amounts which may be awarded in respect of damages caused to the Council or to the interests it represents.

e) Goods which constitute their assets and the products or income thereof.

f) Those other than for any title correspond to it.

Article 13. Infringements, sanctions and procedure.

1. The infringements and penalties shall be as laid down in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991, and of the provisions of Law 25/1970 of 2 December 1991 and the Regulation adopted by Decree 835/1972 of 23 March.

2. The sanctioning procedure will be the one established in Royal Decree 1398/1993 of 4 August, which approves the Regulation for the exercise of the sanctioning power, without prejudice to the application of the procedure which, in its case could establish the Government of Cantabria.

Article 14. Resources.

Against the agreements and resolutions of the Regulatory Board, an ordinary appeal may be brought before the Minister of Livestock, Agriculture and Fisheries.

Transitional disposition.

The Council of Organic Agriculture of Cantabria will be provisionally constituted with the Vocals designated by the Minister of Livestock, Agriculture and Fisheries. All the Vocals will cease automatically when they take possession of their posts the new vowels chosen in accordance with the provisions of article 7.3 of this Decree.

Single end disposition.

The Minister of Livestock, Agriculture and Fisheries is empowered to make the precise provisions for the development and application of this Decree in the field of his powers.