Approved Decree 70/1996 of 21 May of the Governing Council of the Junta de Extremadura, for which the Extremo Council of Ecological Agricultural Production is created.

According to Royal Decree 4187/1990, of 29 December, of the transfer of functions and services of the State Administration to the Board of Extremadura in matters of agriculture, and the first article of Royal Decree 1852/1993, of 22 October on organic production of agricultural products,

Whereas Decree 70/1996 of 21 May establishing the Extremous Council of Organic Agricultural Production complies with the provisions of Regulation (EEC) No 2092/1991 of 24 June 1991 on agricultural production It is up to this Ministry to know and ratify the precise Decree for the purposes of its defense at national and international level.

In its virtue, I have:

Article 1.

The text of Decree 70/1996 of 21 May, establishing the Extremous Council of Ecological Agricultural Production, which is annexed to this provision, is hereby ratified as the Ministry of Agriculture, Fisheries and Food assumes the effects of its promotion and defense 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, 3 July 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

Decree 70/1996, of 21 May, for which the Extremo Council of Ecological Agricultural Production is created

Law 6/1992 of 26 November ("Official Journal of Extremadura" number 99 of 22 December) promoting organic, natural and extensive farming, fixed in the Autonomous Community Extremendous to the legal framework in which it is to unwrap this agricultural sector.

Decree 131/1993 of 14 December ("Official Journal of Extremadura" number 147, 18) establishes, supported by that Law 6/1992, of 26 November, the bases for the promotion of organic farming and livestock farming with support to its production and marketing.

In order to exercise and to know in the cases referred to in both provisions it is necessary to count on an autonomous level with the corresponding organ and referred to in article 2 of the specified Law 6/1992, of November 26.

Therefore, on the proposal of the Minister for Agriculture and Trade, after deliberation by the Governing Council of the Extremadura Board at its meeting on 21 May 1996, I have:

Article 1.

The Extremendous Council of Ecological Agrarian Production (CEPAE) is created, as a body under the Ministry of Agriculture and Commerce, attached to the Directorate General of Trade and Agrarian Industries, with the character of (a) a joint and consultative body with decision-making powers in accordance with the provisions in force in this field.

Article 2.

1.o The Council shall be responsible for implementing in the field of its powers the control system set out in Articles 8 and 9 and Annex III of Regulation (EEC) No 2092/91 to carry out the tasks laid down in Law 6/1992 of 26 May 1992. November, assigns to the Autonomous Community Extremendous.

2.o You will also have the following functions:

(a) Develop the Council's rules of procedure and raise it to the Department of Agriculture and Trade for approval.

b) Apply the provisions of this Decree and the Rules of Procedure and ensure that they are complied with.

c) Give technical support for the preparation of studies and the execution of projects for the production of agricultural holdings and agro-food companies that wish to start production or production of products according to the system of organic farming and livestock farming, as well as plans for improvement and optimization of production processes.

d) To disseminate knowledge and application of organic production systems, advising companies to carry out organic production or to initiate this activity, and to support the activities of the associations for the promotion of organic farming.

e) To formulate proposals and guidelines for organic agricultural production, through reports to the Ministry of Agriculture and Trade.

f) Propose the own logo to be used to identify organic agricultural products, which will have to be approved by the Ministry of Agriculture and Trade.

g) Develop the General Booklet of Production Standards and Elaboration and propose any modifications or additions to it that are necessary.

h) Set the conversion period for those operators who initiate organic production.

i) Promoting the consumption and diffusion of organic agro-food products.

j) Velar for the correct use of the identification indications with special attention to the end points of sale.

(k) Promote and care for the forms of sale that best communicate to the consumer and society in general the environmental work of farmers and farmers holding production holdings under the control system.

l) Support the partnership between operators and the establishment of own marketing channels.

m) Resolve on conformity or non-compliance with the control regime of organic agri-food product operators, subject to a binding report of the Qualification Committee, referred to in Article 6 of this Regulation Decree.

n) Adopt, after reporting by the Qualifying Committee, the measures provided for in Article 9.9 and 10.3 of Regulation (EEC) 2092/91, in the event of any irregularities or infringements.

o) Adopt the appropriate agreements in relation to the appearance of the Council before the public or private bodies.

p) All other functions that can be attributed to you by the Ministry of Agriculture and Commerce.

Article 3.

1.o The operators of companies producing, producing and importing organic products subject to the control of the Council, as well as consumer associations, will be represented in the Council.

2.o The Council shall consist of:

a) The President.

b) Three vowels representing the holders of production holdings.

c) Two vowels representing the holders of working companies.

d) A vowel representing the holders of importing companies from third countries.

e) A vocal representative of Consumer Associations.

f) Two representatives of the Ministry of Agriculture and Trade. One of the Directorate General of Production, Research and Agrarian Training and another of the Directorate General of Trade and Agrarian Industries that will act as Secretary.

g) A representative of the Ministry of Environment, Urbanism and Tourism of the Junta de Extremadura.

h) The Technical Director.

3.o The vocal representatives of the production, the working companies and the importing companies, will be elected in each subsector, of which they are subject to the control regime of the Council and among them. In the case of companies, they must be managers of the companies. However, a natural or legal person may not have a double representation in the Council, either directly or through the subsidiary firms of its members.

The vowels elected as directors of directors to a firm subject to the control of the Council shall cease to be the directors of that firm, even if they continue to be linked to the sector, because they have passed on to another company, with the procedure to designate its substitutes in the form set out in the previous paragraph.

The procedure for the choice of voice representative of the Consumers ' Associations will be established on a proposal of the Council by the Counsellor of Agriculture and Commerce.

4 The vowels referred to in paragraph 2 (b), (c) and (d) of this Article shall be renewed every four years and may be re-elected. The electoral system and the election procedure shall be established by the rules of procedure governing the election of the President.

5.o The representatives referred to in point 2 of this Article shall be appointed by the Minister for Agriculture and Trade.

6.o The representative mentioned under point (g) in point 2 of this article will be appointed by the Minister of Agriculture and Trade at the proposal of the holder of the Ministry of Environment, Urban Planning and Tourism.

7.o The President of the Council shall be appointed by the Minister of Agriculture and Trade on the proposal of the vocal representatives of the production, the working and importing companies.

8.o Executive bodies of the Council, the Qualification Committee and the Technical Director shall be.

9.o The Council will have the administrative inspection and advisory services.

Article 4.

1.o The Council, convened by the President or the person in which it delegates, shall meet in ordinary session with the periodicity that its members establish and in any case at least once a quarter.

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

3.o The system of operation of the sessions and the taking of agreements will be established in the rules of procedure.

4.o In no case will the voting delegation be admitted.

5.o The Registrar shall transmit the minutes of the sessions to the Department of Agriculture and Trade.

Article 5.

1.o These are the functions of the President of the Council:

a) The representation of the Council.

b) The presidency and the direction of the Council debates.

c) Convening and chairing Council meetings.

d) All those that may be entrusted to it and in general those referred to in Article 23 of Law 30/1992, of November 26.

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

Article 6.

1.o The Qualification Committee shall adopt the agreements unanimously, and shall consist of:

(a) The Secretary of the Council acting as Chairman of the Committee.

b) A technician with special knowledge in organic agricultural production, designated by the Ministry of Agriculture and Trade.

(c) The Technical Director of the Council.

2.o The Qualification Committee shall report on the nature and quality of the production, production and marketing of the products listed in Article 1 (a) and (b) of Regulation (EEC) No 2092/91.

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

The report will be submitted to the Council for a resolution. An ordinary appeal may be brought before the Director-General for Trade and Agricultural Industries against the decision of the Council.

4.o The functioning of the Qualification Committee shall be governed by the Council's rules of procedure.

Article 7.

1.o The position of the Technical Director of the Council shall be the responsibility of the person certifying sufficient knowledge of the organic farming production. He shall be an official appointed by the Minister for Agriculture and Trade on a proposal from the Council.

2.o The following are technical director functions:

(a) The coordination of the inspection and advisory services of the Council, in accordance with the general guidelines which are established by the Council or by the Ministry of Agriculture and Trade.

(b) The management of the administrative staff assigned to the Council.

c) Participate in Council sessions.

d) In general, ensure compliance with the current regulations on organic agricultural production.

e) Permanent communication with the agencies and companies responsible for plant protection treatments, mainly those of an air type, to avoid the same on farms and areas registered as ecological and their surroundings.

f) Inspection of organic fertilizer and amendment production companies that wish to see their products recommended for specific use in organic farming in Extremadura.

g) All others that may be entrusted to you by the Council or the Department of Agriculture and Trade.

Article 8.

The Council should have the Inspectors necessary for the practice of the control system established by the Council in its Regulation. These Inspectors shall be officials appointed by the Minister for Agriculture and Trade.

Article 9.

1.o The Council will have the necessary technical services for the preparation and implementation of projects for the production of productive reconversion projects for companies wishing to start organic production, and in general to advise and to disseminate knowledge and the application of organic production systems.

It will also establish relations with the entities that proceed, in order to promote exchanges, joint programs, collaborations, in order to develop technical aspects that will allow to improve ecological agricultural practices.

2.o The advisory services will also be responsible for the training of operators, organising courses and studies which seek to develop organic farming.

3.o The advisory services shall provide technical support to the Council for the performance of their duties and shall act independently of the surveillance and inspection services.

Article 10.

The financing of the Council will be carried out under the existing budget heading within the Ministry of Agriculture and Trade, which will be allocated to this end.

Article 11.

1. The infringements and the system of penalties in this field shall be that laid down in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/91, without prejudice to the provisions of Law 25/1970 of 2 December and the Regulation adopted by Decree 835/1972 of 23 March. It will also be applicable to Law 11/1971 of 30 March on seed and nursery plants; Royal Decree 1945/1983 of 22 June for the regulation of infringements and penalties in respect of the defence of consumers and users and of the food production, and the rest of the legislation in force.

2.o Failure to comply with the above provisions will lead to the initiation of the corresponding sanctioning files as provided for in Decree 9/1994 of 8 February approving the Regulation on sanctioning procedures, followed by the Autonomous Community of Extremadura.

3.o The resolution of the files dealt with shall be the responsibility of the Council itself, taking into account that neither the Instructor nor the Registrar of the file may be members of the Board. Against this resolution, an ordinary appeal will be brought before the Minister of Agriculture and Trade.

Transitional disposition.

The Directorates-General for Trade and Agricultural Industries and the Agriculture and Agriculture Ministry's Agricultural Production, Research and Training Directorates are empowered to jointly designate, with provisional carater, a the members of the Extremous Council of Organic Agricultural Production, who are responsible for formulating the rules of procedure governing their operation and shall call for elections to be held among those registered, within three months, after the publication of this Decree.

Repeal provision.

All provisions of equal or lower rank shall be repealed as opposed to the provisions of this Decree.

Final disposition first.

The Department of Agriculture and Commerce is empowered to dictate the precise provisions for the development and application of this Decree in the field of its competences.

Final disposition second.

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

Merida, May 21, 1997. -President of the Junta de Extremadura, Juan Carlos Rodríguez Ibarra. -Minister of Agriculture and Trade, Eugenio Álvarez Gómez.