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Royal Decree 227/2014, April 4, Which Approves The Statute Of The Agency Of Information And Control Food.

Original Language Title: Real Decreto 227/2014, de 4 de abril, por el que se aprueba el Estatuto de la Agencia de InformaciĆ³n y Control Alimentarios.

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TEXT

Law 12/2013, of 2 August, of measures to improve the functioning of the food chain creates, in its additional provision, the Food and Control Agency, with legal status as a body In order to monitor compliance with the measures provided for in this law, the information systems in the olive and olive oil markets (olive oil and table olive oil) and milk and other food products which, by virtue of their strategic importance, determine the Ministry of Agriculture, Food and Environment because have a significant impact on agricultural and food production and marketing.

The Agency for Food Information and Control, which is the subject of the modification of the autonomous agency Agency for Olive Oil, of which it is a legal successor, in accordance with the general principles of the functioning of the Administration and the austerity criteria in public spending. The Food Control and Information Agency assumes in addition to the functions it has been exercising, those new related to the control of compliance with the provisions of the Law.

Approved the modification of the Agency in accordance with Article 63.1 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, it is necessary to provide it with its new Statute to which the Article 62 of the same law, establishing its content and approval by Royal Decree of the Council of Ministers. This Statute must be approved and published prior to the effective entry into operation of the new Agency, taking into account the fact that the entry into force of Law 12/2013 of 2 August, for which it was established, will take place at 5%. months of their official publication.

Consequently, this royal decree lays down the statutory provisions for the Food and Information Agency governing its organisation and operation for the exercise of the functions which the The first provision of Law 12/2013, of 2 August, came to confer it for the best achievement of its purposes. Within the principles of austerity in public expenditure, the composition of its Advisory Board is adapted to the new requirements of representation required by the modification operated for the purposes of the same.

On the other hand, it is necessary to adapt the Royal Decree 401/2012 of 17 February, for which the basic organic structure of the Ministry of Agriculture, Food and Environment is developed, in order to collect in the the membership of the Food Control and Information Agency to the General Secretariat of Agriculture and Food.

In its virtue, at the initiative of the Minister of Agriculture, Food and Environment, on the proposal of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of 4 April 2014,

DISPONGO:

Single item. Approval of the Statute of the Food Control and Information Agency.

The Status of the Food Control and Information Agency is approved, the text of which is inserted below.

Single additional disposition. No increase in public spending.

The application of the provisions of this royal decree will not entail an increase in public expenditure, the functions and expenses arising from the reallocation of human resources and material resources being assumed. the Ministry of Agriculture, Food and the Environment and its dependent agencies.

Single transient arrangement. Transitional staff arrangements.

The units and jobs with a lower organic level than the general sub-directorate whose functions correspond to the Olive Oil Agency, will continue to remain and will continue to receive their remuneration from the appropriations to which they were charged until the relations of jobs adapted to the organic structure and functions set out in this decree are approved and appropriate budgetary adjustments are made.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, the provisions of this royal decree and, in particular, Royal Decree 1065/1988 of 16 September 1988 laying down the structure of the Agency are hereby repealed. the Olive Oil.

Final disposition first. Amendment of Royal Decree 401/2012 of 17 February, for which the basic organic structure of the Ministry of Agriculture, Food and the Environment is developed.

The Royal Decree 401/2012 of 17 February is amended, for which the basic organic structure of the Ministry of Agriculture, Food and the Environment is developed, as follows.

One. Article 7 (6) is amended and shall be worded as follows:

" 6. They are attached to the Ministry of Agriculture, Food and Environment, through the General Secretariat of Agriculture and Food, the Agricultural Guarantee Fund (FEGA) and the Food and Information and Control Agency (AICA), with the functions and structures currently in place. "

Two. Article 12 (6) is amended and shall be worded as follows:

" 6. The Ministry of Agriculture, Food and the Environment, through the Secretariat, the State Entity for Agricultural Insurance (ENESA), whose presidency corresponds to the Under-Secretary, with the functions and structure currently under in effect. "

Final disposition second. Development and execution.

The Minister of Agriculture, Food and the Environment is hereby authorized to make the necessary provisions for the implementation and development of this royal decree.

Final disposition third. Entry into force.

This royal decree will take effect the day after its publication.

Dado en Madrid, el 4 de abril de 2014.

JOHN CARLOS R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATUS OF THE FOOD CONTROL AND INFORMATION AGENCY

Article 1. Legal nature and membership.

1. The Food Control and Information Agency, created by the additional provision of Law 12/2013 of 2 August, of measures to improve the functioning of the food chain, is an autonomous body of those provided for in the article. 43.1.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, and is attached to the Ministry of Agriculture, Food and Environment, through the General Secretariat of Agriculture and Power.

2. The Food Control and Information Agency has a distinct public legal personality, with its own assets and treasury, as well as autonomy of management and full legal capacity and to act and, within the sphere of its powers, correspond to the administrative powers necessary for the fulfilment of its purposes in accordance with the terms laid down in this Statute.

3. The Food Control and Information Agency is governed by the additional provision of Law 12/2013 of 2 August, of measures to improve the functioning of the food chain; by Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State; by Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure; by the Royal Decree of Law 3/2011, of 14 November, by that the recast text of the Law of Public Sector Contracts is approved; by Law 47/2003, of 26 of November, General Budget; by Law 33/2003, of 3 November, of the Heritage of Public Administrations, by the other provisions that apply to the autonomous agencies of the General Administration of the State and by the This Statute.

4. It is for the Ministry of Agriculture, Food and Environment, through the General Secretariat of Agriculture and Food, the strategic direction, evaluation and control of the results of its activities, without prejudice to the competencies attributed to the General Intervention of the State Administration in the assessment and control of the results of public sector public bodies.

Article 2. Finnish.

1. In the framework of Law 12/2013 of 2 August of measures to improve the functioning of the food chain, the general purposes of the Food Control and Information Agency are:

a) Manage the information and control systems of the olive, dairy and other markets that the Ministry determines.

b) Control of compliance with the provisions of the Law on measures to improve the functioning of the food chain.

2. The information systems of the markets will be understood to the effects of this royal decree all relevant information of the different aspects or parameters of the markets that are systematically collected, ordered and analyzed by the different units the competent authority of the Ministry of Agriculture, Food and the Environment, in compliance with its obligations under the regulations in force. In the case of the olive sector, it shall also be considered as information systems, monitoring and analysis, monitoring and control of physical stocks, movements and quantities placed on the market.

Article 3. Functions.

In order to comply with the purposes set out in the previous Article, the Agency shall carry out the following tasks:

(a) Manage and maintain the information systems, monitoring and analysis of olive oil markets (olive oils and table olives) and dairy products on the basis of the monitoring and control of the procurement regime and the commercial practices in the same, or in the information provided by other MAGRAMA units and bodies, or in the information provided by operators in the olive sector, as well as the analysis and dissemination of their results.

Also, for food sectors or markets that the Ministry of Agriculture, Food and Environment considers to be particularly sensitive and/or strategic, to manage and maintain the information system or systems, specific monitoring and analysis, which is believed by the Department, on the basis of data provided by the competent authorities and bodies.

(b) In the olive sector (olive oils and table olives), establish and develop the control system necessary to verify compliance with the obligations of the operators in the sectors or markets to which refers to the previous paragraph, to ensure the accuracy and completeness of the data that is incorporated into the market information systems and to determine the origin, destination and characteristics of the raw materials and products, including by the corresponding sampling and analytical determinations, at any stage of the chain; as well as monitoring and monitoring of the application or final destruction of by-products that do not have food use, without prejudice to the functions that other bodies have entrusted to them on other aspects.

(c) Transfer to the competent authorities the facts about the alleged breaches detected in the control actions referred to in the previous paragraph, accompanying the necessary documentation on the facts found and their technical and legal assessment.

(d) Initiate and instruct, in accordance with their own regime, the penalties for non-compliance with the payment of the compulsory contributions to the interbranch organisations, recognized by the Ministry of Agriculture, Food and the Environment in the products or sectors referred to in paragraph (a), making the appropriate proposals for resolution to the competent authorities.

e) Establish and develop the control regime necessary to verify compliance with the provisions of Law 12/2013 of 2 August. In this field, the contractual, commercial, technical, economic and, where appropriate, invitations to tender documentation may be checked, as well as the origin, destination and characteristics of the raw materials, products and by-products concerned, including by means of sampling and analytical determinations, at any stage of the chain.

f) Carry out the appropriate checks in respect of complaints submitted to it by any natural or legal person, including associations of economic operators or consumers, or who are transferred to it by other bodies or administrations to the Ministry for possible breaches of the provisions of Law 12/2013 of 2 August, and, where appropriate, to initiate and instruct the relevant sanctioning procedure and to make the proposal for a resolution to the competent authority of the Ministry of Agriculture, Food and the Environment, or their case, to be transferred to the National Commission on Markets and Competition, together with the actions taken.

(g) Initiate of its own motion the sanctioning procedure corresponding to the irregularities found in the exercise of its functions which assume non-compliance with the provisions of Law 12/2013 of 2 August, and, after the appropriate instruction, to propose to the competent authority the resolution to be taken or, where appropriate, to make duly documented complaints to the National Markets and Competition Commission.

(h) Collaborate with the Food Chain Observatory to carry out the work, studies and reports on the products, markets and sectors referred to in (a), and which are necessary for the financial year of the tasks assigned to it by the Centre.

i) Manage, maintain and disseminate the State Register of Good Practices in Food Procurement.

j) Establish collaborative relations with other bodies of the General Administration of the State and with the Autonomous Communities for the markets or sectors referred to in paragraph (a), without prejudice to the powers of others; ministerial departments.

k) Collaborate with sectoral, producer and interbranch organisations related to the products, markets or sectors listed in subparagraph (a), in the exclusive scope of their functions.

l) Develop an annual report of the activities carried out by the Agency.

m) Perform jobs, studies and reports in matters of your competence, as well as the dissemination of them.

n) The other functions that are regulated to you for the fulfillment of your purposes.

All these functions will be developed by the Food Control and Information Agency without prejudice to the powers of other management bodies of the department and other ministerial or other departments. General government.

Article 4. Management body and advisory body.

1. The management and management body of the Food Control and Information Agency is the Director.

2. The advisory and participation body is the Advisory Board.

Article 5. The Director.

The Director of the Food Control and Information Agency, with the rank of Deputy Director General, is the governing body of the agency and it is up to him to perform the following functions:

(a) Lead and represent the Agency, as provided for in the legislation in force.

b) Formulate proposals for provisions in the Agency's own matters and participate in the preparation of those which may affect the Agency.

(c) To direct and coordinate their activities, to approve the action plans and the working procedures for the best development of the functions and the fulfilment of the tasks assigned to the Agency.

d) Proceed to the registration and the casualties in the State Register of Good Practices in the Food Contract, in compliance with the agreements adopted by the Directorate General of the Food Industry.

e) Promote and disseminate the annual report of the performances and the results achieved.

f) To direct staff and services, to formulate the proposal of the relation of jobs and to make changes, to make appointments and the cessation, to evaluate the performance of the staff and the functioning of the services and the application of disciplinary rules.

g) To credit the inspectors and to order the necessary inspections for the purposes of the Agency.

(h) Formulate the Agency's preliminary draft annual expenditure and revenue budget and propose the precise modifications, approve the expenditure and order the payments.

i) To exercise their functions as a contracting authority; to hold all kinds of acts, contracts and agreements with public or private entities, which are necessary for the fulfilment of their purposes.

j) Approve the body's annual accounts and render them to the Court of Auditors through the General Intervention of the General Administration of the State.

k) Spread the results generated by the market information system.

l) Exercise the sanctioning power in the cases and in the terms that it attributes to the Agency the Law 12/2013, of 2 August.

m) To perform as many other functions as expressly mandated or delegated by law or regulation.

n) Collaborate with the Food Chain Observatory in the performance of the works, studies and reports.

Article 6. The Advisory Board.

1. The Advisory Board is the advisory and participation body of the Agency, which includes representatives of the General Administration of the State, the Autonomous Communities, the production and processing of food sectors. are interested in, and distribution to, and consumers. The maximum number of members shall be sixty.

2. The Advisory Board shall be composed of the following members:

a) The President, the Secretary General of Agriculture and Food.

(b) The Vice-President, the Director-General of the Food Industry, who in case of vacancy, absence or disease, shall be replaced by the Director of the Agency.

c) The following Vocals:

-The Agency Director.

-Five representatives, with the rank of Deputy Director General, of the Ministry of Agriculture, Food and Environment, at the proposal of the Undersecretary, Secretary General of Fisheries; of the Director General of Productions and Markets Agriculture; the President of the FEGA and the Director-General of the Food Industry, respectively.

-Two representatives, with rank of Deputy Director General, Ministry of Economy and Competitiveness.

-A representative, with the rank of Subdirector General, of the Ministry of Finance and Public Administrations.

-A representative, with the rank of Subdirector General, of the Spanish Agency for Consumption, Food Security and Nutrition (AECOSAN).

-A representative of the National Markets and Competition Commission.

-A representative for each Autonomous Community that decides to integrate.

-Nine representatives of the state-wide organizations of the food and beverage industries, among which will ensure the presence of the organizations representing the interests of the different types of industrial operators in the olive oil sector (olive oil and table olives) and the dairy sector.

-Three representatives from each of the representative agricultural professional organizations at the state level, among which will ensure the presence of the organizations representing the interests of the olive sector (olive oil and table olives) and the milk sector.

-Three representatives of the agro-food cooperatives, among which will ensure the presence of the organizations representing the interests of the olive oil sector (olive oil and table olives) and the dairy sector.

-Six representatives of the state-wide associations of food, wholesale and retail distribution.

-Two representatives of the Consumers and Users Council.

(d) The Secretary of the Advisory Board, an official of the Agency who shall be appointed by the Director. It will act, with voice but no vote.

3. The Vowels will be appointed by the President, on the proposal of those to whom they will represent.

4. Meetings of the Advisory Board may be attended to inform or advise on specific matters, those officials, associations or independent experts to be convened. The meetings of the Advisory Council may be attended by the interbranch organisations of the dairy, olive oil, table olives and the Olive Olive Community Foundation.

5. Corresponds to the Advisory Board:

(a) To be informed of the Agency's plans for action, its implementation and the results achieved, as well as the means available to them.

b) Be informed of the progress of the State Register of Good Practices in the Food Contract.

c) To know the Agency's annual report of actions with a view to its dissemination.

(d) to make proposals to the Director which he considers appropriate on the functioning of the Agency and on its actions.

e) Know and report the matters that the President submits to his consideration.

6. The Advisory Board shall meet in plenary at least once a year. Working groups, specialised or sectoral, may be set up within it, which shall be convened and convened by the Director of the Agency where necessary. In any case, for the sectoral working groups (olive oil, table olives and milk), the presence of all associations representing the interests of each sector will be guaranteed. The maximum number of members from each of the working groups, including independent experts and guests, will be 30.

7. The functioning of the Advisory Board will not increase public expenditure and will be attended by the material and personnel resources available at the General Secretariat of Agriculture and Food of the Ministry of Agriculture, Food and the Environment. Environment.

8. Expenses for the purpose of compensation for the service, allowances and displacements arising from the participation of members and guests of the Advisory Board shall be on behalf of the respective administrations of origin. and the organizations they represent.

9. In its operation and arrangements of agreements, the Advisory Board shall be governed by the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 7. Basic structure.

1. The Food Control and Information Agency, in order to carry out the tasks entrusted to it, shall have the units established in the list of posts of the body.

The level of these units, which will depend on the Director of the Agency, will be the level of the agency's employment relationship.

2. The Delegated Intervention is attached to the Director of the Agency without prejudice to the organic and functional dependence of the State General Intervention, in accordance with its specific regulations.

3. The State Advocate is attached to the Director of the Agency, without prejudice to its organic and functional dependence on the State Advocate General, in accordance with the provisions of Law 52/1997 of 27 November of Legal Assistance to the State and Public Institutions.

Article 8. Staff scheme.

The Agency's official and working staff shall be governed by the regulations on civil service and labour law applicable to the rest of the staff of the General Administration of the State.

For the provision of jobs by means of the free designation system, the Council of Ministers ' Agreement of 4 March 2005 will act.

Officials of the Food Control and Information Agency who are duly accredited by their Director shall carry out the inspections to the entities and operators that they order, in application of the Additional Disposition First of Law 12/2013, of 2 August, for whose exercise they will have the powers conferred on it.

Article 9. Economic resources and heritage.

1. The economic assets and resources of the Food Control and Information Agency are as follows:

(a) The assets and securities that constitute their assets, as well as the products and income of the equity.

(b) Transfers and grants which are entered annually in the general budget of the State.

(c) The fees, the revenue of public or private law that correspond to them, and in particular those arising from the development of the activities related to the Agency's own functions.

d) Grants, remnants, voluntary contributions or donations to be made in their favour by persons or private entities.

e) Any other economic resource, ordinary or extraordinary, that is legally authorized to receive.

2. The patrimonial economic regime will be established in Law 33/2003, of the Heritage of Public Administrations, in accordance with the provisions of article 48 of Law 6/1997, of April 14, of the Organization and the Functioning of the Administration State General.

Article 10. Recruitment scheme.

The legal regime applicable to contracting in the Agency, will be the one established for the Public Administrations in the recast text of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, in accordance with the provisions of Article 49 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Article 11. Economic-financial regime.

The budgetary, economic-financial, internal control and accounting regime will be established in Law 47/2003 of November 26, General Budget.

The Food Control and Information Agency will be subject to the internal control of its economic and financial management, which will carry out the General Intervention of the State Administration, through the Delegation which shall exist in the Agency.

Article 12. Impeachment and complaints against the acts of the Agency.

The acts and resolutions of the Director of the Agency do not put an end to the administrative route, except in the field of personnel, and may be brought against the Secretary-General of Agriculture and Power.