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Order Of 1 September 1997 By Which Ratifies The Of 7 May 1997, Which Regulates The Organic Farming And Its Indication In The Area Of The Autonomous Community Of Galicia And Creates The Regulator Council Of Agricu...

Original Language Title: Orden de 1 de septiembre de 1997 por la que se ratifica la de 7 de mayo de 1997, por la que se regula la producción agrícola ecológica y su indicación en el ámbito de la Comunidad Autónoma de Galicia y se crea el Consejo Regulador de la Agricult...

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TEXT

Approved the Order of 7 May 1997 of the Ministry of Agriculture, Livestock and Forestry, which regulates organic production of agricultural products and their indication in the area of the Autonomous Community of Galicia and the Council Regulator of the Ecological Agriculture of Galicia;

According to Royal Decree 3318/1982, of July 24, of the transfer of functions and services of the State Administration to the Autonomous Community of Galicia in matters of agriculture and fisheries, and the first article 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 the Order of 7 May 1997 regulating organic production of agricultural products and their indication in the field of the Autonomous Community of Galicia and establishing the Regulatory Council for Ecological Agriculture Galicia, 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, is responsible for the Ministry's knowledge and ratification of the Order. the effects of their defence at national and international level,

In its virtue, I have:

Article 1.

The text of the Order of 7 May 1997, of the Ministry of Agriculture, Livestock and Forestry, which regulates organic production of agricultural products and their indication in the area of the Autonomous Community of Galicia, is ratified. creates the Galician Ecological Agriculture Regulatory Board, which is listed as an annex to this provision, which the Ministry of Agriculture, Fisheries and Food assumes for the purposes of its promotion and defense at national and international level.

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, 1 September 1997.

DE PALACIO DEL VALLE-LERSUNDI

Ilmos. Mr Secretary-General of Agriculture and Food and Director-General of Food Policy and Agricultural and Food Industries.

ANNEX

Order of 7 May 1997 regulating organic production of agricultural products and their indication in the field of the Autonomous Community of Galicia and establishing the Regulatory Council for the Ecological Agriculture of Galicia

Organic or organic agricultural production is a differentiated method of food production, which is appropriate to ensure transparency at all stages, both in the production and in the production process, and marketing.

Council Regulation (EEC) No 2092/1991 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs lays down a set of rules for the presentation, labelling and marketing of organic products. production, production, control and import of third countries, of products from organic or organic farming and livestock farming, which has been supplemented and amended by Regulation (EEC) No 2083/1992 of 14 July 1992; 2608/1993 of 23 September 1993; 2381/1994 of 30 September 1994; 1935/1995 of 22 June 1995 and other legislation (i)

The Community standard provides that the control of organic agricultural production must be carried out by authorities designated by the Member States, in Spain being the responsibility of the Autonomous Communities to designate the authority the competent authority and the supervisory authority, as recognised in Article 5 of the Royal Decree of 22 October 1993, of the Ministry of Agriculture, Fisheries and Food.

The competent authority and the supervisory authority should therefore be established, as well as the implementation and development of the provisions contained in Community legislation on organic or biological agriculture, within the scope of the of the Autonomous Community of Galicia, and therefore, in accordance with Article 30 .I, 3 and 4 of the Statute of Autonomy of Galicia, and in use of the powers conferred on me by Law 1/1983, of 22 February, regulating the Xunta de Galicia and its President, I have:

Article 1. Object and scope of application.

The provisions contained in this Order are intended to regulate, in the field of the respective competences and for the entire territory of the Autonomous Community of Galicia, of:

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

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

Article 2. Protected indications.

1. For the purposes of this Order, and in accordance with Article 2 of Regulation (EEC) No 2092/1991 of 24 June 1991, it is considered that a product bears indications referring to the organic production method, when in its labelling, advertising or commercial documents, this product and/or its ingredients are characterised by:

(a) The words "in conversion to organic farming", "obtained without the use of synthetic chemicals", "organic", "biological", "organic", "biodynamic", or their respective compound names.

(b) The "eco" and "bio" prefixes, whether or not accompanied by the name of the product, its ingredients or its trade mark.

(c) In general, any indication or description that allows the consumer to understand that the product and/or its ingredients have been obtained in accordance with the production rules contained in Articles 6 and 7, and in Annexes I, II, III and IV of Regulation (EEC) No 2092/1991 of 24 June 1991 and in all those provisions which supplement, develop or amend it.

2. Only operators producing, producing, packaging and/or importing products which comply with the production standards referred to above and which notify their activity to the competent authority and/or the competent authority may use the information referred to in the preceding paragraph. submit their companies/s to the control system set out in Article 9 of Regulation (EEC) No 2092/1991 of 24 June 1991.

3. For the purposes of the above paragraph, the competent authority to receive the notification shall be the Ministry of Agriculture, Livestock and Forestry of the Xunta de Galicia, in relation to the holders of agricultural production enterprises and to the the holders of processing industries.

4. The use of the particulars referred to in the first paragraph of this Article shall be made in accordance with Article 5 of Regulation (EEC) No 2092/1991 of 24 June 1991.

5. In agricultural products and foodstuffs other than those covered by this Order, the use of names, marks, expressions and signs, which, by phonetic or graphic similarity with the protected ones, may be induced to be confused with they, even if they are preceded by the expressions "type", "style", "taste", "taste", "produced", "elaborated", "packaging", or other analogous.

Article 3. Production and processing standards.

Operators using any of the indications referred to in Article 2 of this Order shall produce and/or produce their products in accordance with the production rules laid down in Articles 6 and 7 of the Regulation. EEC 2092/1991 of 24 June 1991 and the other supplementary provisions relating to the same subject matter which are applicable.

Article 4. Competent authority.

The Ministry of Agriculture, Livestock and Montes of the Xunta de Galicia, through the Directorate General of Agricultural Production and Agro-Food Industries, will exercise in the field of its competences and for the entire territory of the Autonomous Community of Galicia, the functions of 'competent authority', in accordance with Articles 8 and 9 of Regulation (EEC) No 2092/1991 of 24 June 1991.

Article 5. The Regulatory Board of Ecological Agriculture of Galicia.

1. The Regulatory Board of the Ecological Agriculture of Galicia, as a deconcentrated organ of the Ministry of Agriculture, Livestock and Forestry, is hereby established to exercise the functions of the sole control authority in the territory of the Autonomous Community of Galicia.

2. The Regulatory Council for Ecological Agriculture of Galicia shall be responsible for implementing, in the field of its powers, the control system set out in Articles 8 and 9 and Annex III to Regulation (EEC) No 2092/1991 of 24 June 1991.

Article 6. Records.

1. The Regulatory Board of Ecological Agriculture of Galicia, for the purpose of facilitating control, shall keep the following records:

(a) Registration of operators holding agricultural production companies in the plant subsector.

(b) Registration of operators holding agricultural production companies in the animal subsector.

(c) Registration of operators holding company-making companies.

d) Registration of operators holding companies importing third countries.

2. The Regulatory Board, for the purpose of promotion, shall carry the following relationships:

(a) A list of marketing company holders of organic or organic products.

b) Relationship of consumer associations of organic or biological products.

Article 7. Rights and obligations of operators.

1. Only operators subject to control as set out in Article 2 of this Order may use, on their labels, advertising or commercial documents, indications referring to the organic or biological method of production.

2. Only references to organic farming shall apply to products which comply with the standards required by the legislation in force, both in the production and production and import stages, where appropriate.

3. All operators who carry out their activities in the field of organic farming are obliged to comply with the provisions laid down in Articles 8 and 9 of Regulation (EEC) No 2092/1991 of 24 June 1991 on organic production of agricultural products and their indication of agricultural products and foodstuffs, and other relevant legislation.

4. The Regulatory Board of Organic Agriculture of Galicia will adopt and register an emblem or logo as a symbol of the denomination, once it has been approved by the Ministry of Agriculture, Livestock and Montes of the Xunta de Galicia.

Article 8. Functions of the Regulatory Board of Ecological Agriculture of Galicia.

The Galician Ecological Agriculture Regulatory Board will perform the following functions:

a) Develop the project of the internal regulation of the Ecological Agriculture of Galicia and its Regulatory Board, and its subsequent modifications, which must be raised before the Department of Agriculture, Livestock and Forestry for its approval.

b) Apply the provisions of this Order and of the particular Regulation, ensuring their proper compliance.

(c) Adopt, after a binding report of the Qualification Committee, the measures provided for in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991 of 24 June 1991.

d) To provide technical support for the production of tudiums and the execution of projects for the production of agricultural holdings and agro-food companies that wish to initiate production or production of products according to the system of organic agricultural production, as well as plans for improvement and optimization of production processes.

e) To disseminate knowledge and the application of organic or biological production systems, giving technical advice to companies that perform organic production, or who want to start this activity, in terms of set this Order.

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

g) Promote and care for the forms of sale that best communicate to the consumer and society in general the environmental work of the registered operators, while ensuring the correct use of the identification indications.

(h) Promote and support the partnership between operators and the opening of their own marketing channels, in particular direct sales.

i) Carry and keep updated the records and relationships provided for in Article 6 of this Decree.

j) Propose the own logo to identify the ecological agricultural products of Galicia, which will have to be approved by the Ministry of Agriculture, Livestock and Forestry.

k) Approve the annual report of the Council, which shall be submitted, before 31 March of each following year, to the Department of Agriculture, Livestock and Forestry for ratification.

(l) Approve the draft annual budget of the Council, which shall be accompanied by a brief explanatory memorandum, before 15 November of the previous year, to the said Council for ratification.

ll) Propose to the Department of Agriculture, Livestock and Forestry, possible actions in the field of organic or biological agricultural production.

m) Resolving 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.

n) All other functions attributed to it by the Ministry of Agriculture, Livestock and Montes of the Xunta de Galicia.

Article 9. Composition of the Regulatory Board of Ecological Agriculture of Galicia.

1. This Regulatory Board shall be represented by operators holding companies for the production, production and/or marketing of organic or biological products, as well as consumer associations, provided that they are registered in the corresponding records and relationships established.

2. The Regulatory Board of Ecological Agriculture of Galicia (CAGERGA) shall consist of:

a) The President.

b) The Vice President.

(c) Four headline Vocals, with their corresponding alternates, representing the producer sector:

Two Vowels representing the plant productive subsector.

Two Vowels representing the animal production sub-sector.

d) Four headline Vocals, with their corresponding substitutes, representing the working and commercial sector:

Two Vowels representing the making companies.

A Vocal representing the commercial subsector, including importers from third countries.

A Vocal representing consumer associations of organic or biological products.

e) Two technical Vocals representing the Ministry of Agriculture, Livestock and Forestry, designated by the Ministry of Agriculture.

3. Representatives of the production, processing companies, marketing and consumer associations will be democratically elected from among those who are registered in the relevant registers and relationships and will be subject to the established control system.

4. Vowels elected as directors or representatives of a registered firm shall cease to be a member of the Board of Directors or representatives of that firm, even if they remain connected to the sector for having passed on to another undertaking, In this case, it shall appoint a replacement.

5. A natural or legal person may not have a double representation in the Board of Regulators, either directly or through subsidiary entities or partners thereof.

6. The Vowels will be renewed every four years, and can be re-elected. The electoral system and procedure will be established by Order of the Ministry of Agriculture, Livestock and Forestry, in the framework of the legislation in force.

7. It will cause a reduction in the Vocal that during the term of his office will be sanctioned in the matters that regulates the regulations in force, either personally or the signature to which it represents.

8. The President of the Regulatory Board shall be appointed by the Minister of Agriculture, Livestock and Forestry, on the proposal of the elected Vocals.

The Vice President will be appointed by the Minister of Industry and Commerce.

Article 10. Sessions of the Regulatory Board.

1. You can meet:

(a) In ordinary session, by means of a call by the President or the person to whom he delegates at least once a quarter.

b) In extraordinary session, by means of convocation to that effect of the President, or at the request of at least one third of its members.

2. The arrangements for the organization and operation of the sessions and the arrangements for the adoption of agreements will be established in the Rules of Procedure of the Ecological Agriculture of Galicia and its Regulatory Board.

3. The Regulatory Board's plenary session may take agreements when more than half of its members are present.

In no case will the delegation of the vote be admitted.

The President will have a vote of quality.

4. The Regulatory Board should send a copy of the minutes of its sessions to the Department of Agriculture, Livestock and Forestry, within the term of eight working days from the date of the meeting.

Article 11. The Chairman of the Regulatory Board.

1. Their functions are:

a) The representation of the Regulatory Board.

b) Fulfill and enforce laws and regulations.

(c) Manage the Council's revenue and funds and order the payments, in accordance with the provisions of the Plenary Session.

d) To convene and preside over Council meetings, in advance of the agenda, and to implement the agreements adopted by the plenary.

e) Organising the lower Council regime.

f) Propose to the Council the contracting and resolution of the contracts of its personnel.

g) Inform the corresponding public administration of the incidents that occur in the production and market.

h) All other functions that the Council agrees with, or which is entrusted to it by the Ministry of Agriculture, Livestock and Montes of the Xunta de Galicia.

2. The term of office of the President shall be four years, and may be re-elected.

3. The President shall cease:

a) Upon expiry of the period of his/her term of office.

b) On his own request, once he has accepted his resignation.

c) By decision of the Department of Agriculture, Livestock and Forestry, after opening and resolving the file to the effect, by incurring any of the general causes of incapacity established in the legislation in force or by loss of confidence in the plenary, which was expressed by a secret ballot by a two-thirds majority of its members.

d) For other causes recognized in the legal system.

4. In the event of a cessation or death, the Regulatory Board shall propose a new candidate for President, within one month, before the Department of Agriculture, Livestock and Forestry for designation.

5. The meetings of the Council, and those in which the election of the President is to be studied, shall be chaired by a Bureau of Age, composed of the Senior Vocal and the two youngest.

6. It is up to the Vice President of the Regulatory Board to replace the President in cases of absence, illness and other cases provided for in the legislation in force.

In the exercise of his or her duties as the President, the Vice-President shall have the same powers and obligations as that.

Article 12. Staff of the Regulatory Board.

1. For the purpose of fulfilling its objectives, the Regulatory Board of the Ecological Agriculture of Galicia will have the necessary human equipment, according to the staff table approved by the plenary, provided that it is economically endowed in its budget.

2. The Council shall have:

a) Technical Director.

b) Technical personnel.

It will be responsible for advising all interested operators, both from the point of view of productive reconversion, and in the dissemination of knowledge and application of the production and production systems of products. ecological.

c) Personal inspector or eaters.

It shall be responsible for monitoring and monitoring, in accordance with the criteria of the Council and the Qualification Committee, and in any case respecting the control systems established by the legislation in force.

3. The Eaters will be appointed by the Regulatory Board, on the proposal of the Qualification Committee, corresponding to the Ministry of Agriculture, Livestock and Forestry.

4. The eaters shall have the following inspection powers:

On the farms located in the production area.

About the processing and packaging facilities.

About the importing companies of third countries, once authorized and received communication with regard to the General Administration of the State.

On protected products, in the scope of this denomination.

5. The Regulatory Board may hire the staff necessary to carry out urgent work, provided that it has approved in its budget the budget for this concept.

6. All the staff of the Council, whether fixed or possible, will apply the current labour law.

Article 13. The Technical Director.

1. The Technical Director shall be appointed and ceased by the Regulatory Board of the Ecological Agriculture of Galicia, on a proposal from the Department of Agriculture, Livestock and Forestry.

This charge must be in person who has sufficient knowledge of organic or organic farming.

2. Its functions will be as follows:

a) Exercise as Secretary of the Regulatory Board, which will involve:

Give technical support to the Council for the performance of its functions, and the execution of its agreements.

Coordinate technical and inspection personnel, exercising immediate leadership on them, in accordance with the guidelines set by the plenary and by the Qualification Committee.

Attend council sessions, with a voice but no vote, cursing the calls, lifting the minutes and guarding the books and other documents that affect you.

All others that can be entrusted to you by agreement of the Regulatory Council and the Department of Agriculture, Livestock and Forestry.

b) Chair of the Qualification Committee.

Article 14. The Classification Committee of the Ecological Agriculture of Galicia.

1. Composition:

(a) The Qualification Committee shall be composed of three members:

The Technical Director, who will act as President.

Two technicians, officials, of recognized prestige in organic or biological agriculture, who will be appointed by the Department of Agriculture, Livestock and Forestry.

(b) The Qualification Committee shall adopt the agreements by unanimity of its members. Its operation shall be established by the Rules of Procedure of the Interior, guaranteeing in any case its operability.

2. Functions:

(a) Report on the nature and quality of the production, production and marketing of the products listed in paragraphs (a) and (b) of Article 1 of Regulation (EEC) No 2092/1991 of 24 June 1991.

b) Issue a mandatory and binding report, prior to qualification or disqualification, or the imposition of any sanction on the operators of organic agro-food products, by the Regulatory Board.

c) Collaborate with the Council in the implementation of the provisions laid down in this Order and other legislation.

d) All other functions attributed to it by the Ministry of Agriculture, Livestock and Montes of the Xunta de Galicia.

Article 15. Financing.

The financing of the activities and obligations of the Regulatory Board and the Galician Ecological Agriculture Rating Committee will be carried out with the following resources:

(a) The quantities provided by the operators who submit their undertaking to the control system in accordance with Article 2 of this Order.

(b) Grants, legacies, donations and other transfers of goods and rights free of charge, of which the Regulatory Board is a beneficiary.

(c) The amounts that may be received in respect of damages caused to the Council or to the interests it represents.

d) Goods that constitute their assets and the products and sales thereof.

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

Article 16. Infringements, sanctions and procedure.

1. The infringements and the system of penalties shall be that laid down in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991 of 24 June 1991, without prejudice to the provisions of Law 25/1970 of 2 December 1992 and the Regulation adopted by the Decree 835/1972 of 23 March.

2. The sanctioning procedure shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure; and Royal Decree 1398/1993 of 4 August 2000 on the Regulation for the exercise of sanctioning powers, and how many general provisions are in force at the time of this matter.

3. Against the acts and resolutions adopted by the Regulatory Board of the Ecological Agriculture of Galicia, an ordinary appeal may be brought before the Minister of Agriculture, Livestock and Forestry.

Final disposition first.

The Director General of Agricultural Production and Agro-Food Industries of the Department of Agriculture, Livestock and Forestry is empowered to lay down the precise rules for the development of the provisions of this Order.

Final disposition second.

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