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Royal Decree 705/1997, Of 16 May, Which Approves The Regulation Of The Law 38/1994, Of 30 December, Regulating Agricultural Interprofesional Organizations, Amended By Law 13/1996 Of 30 December On Fiscal Measures...

Original Language Title: Real Decreto 705/1997, de 16 de mayo, por el que se aprueba el Reglamento de la Ley 38/1994, de 30 de diciembre, reguladora de las Organizaciones Interprofesionales Agroalimentarias, modificada por la Ley 13/1996, de 30 de diciembre, de Medidas Fiscal...

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TEXT

The amendment of Law 38/1994, of 30 December, regulating the Agro-Food Interprofessional Organizations, by the additional provision of Law 13/1996, of December 30, of Fiscal Measures, Administrative and Social Order, and the entry into force of Royal Decree 839/1996, of 10 May, establishing the basic organic structure of the Ministries of Foreign Affairs, Justice, Defense, Development, Education and Culture, Labour and Social Affairs, Industry and Energy, Agriculture, Fisheries and Food, General Government, Health and Consumer Affairs and the Environment, and Royal Decree 1890/1996 of 2 August, approving the basic organic structure of the Ministry of Agriculture, Fisheries and Food, made the amendment necessary. of most of the articles of Royal Decree 2070/1995, of 22 December, for which the Law 38/1994, of 30 December, is developed, regulatory of the Agro-Food Interprofessional Organizations.

The government, in favor of administrative simplification and conscious of the disadvantages of maintaining an amended standard in its entirety, opts for the repeal of the law and for the development of the law. regulatory for agri-food interbranch organisations by means of a Regulation, which is approved in this Royal Decree.

The normative modification gives a clear leading role in the development of the agro-food interprofessional organizations to the different organizations of a representative character with interests in the reference sectors. An exponent of this principle is the accreditation of representativeness by means of a baremus, which the applicant organisation itself proposes to the Ministry of Agriculture, Fisheries and Food for approval. This scale includes the rules that measure the representativeness of the various branches of activity that make up the agro-food interprofessional organization, by means of technical and economic criteria that, being able to differ from one branch to another, they must be equal for each branch of activity in all those aspects that require the accreditation of representativeness.

The liberalizing spirit, which gives the role to the agents themselves in the essential decisions of operation, which facilitates the consensus and the vertebrate of the sectors, is not at odds with the criteria of formality and stability in the accreditation of representativeness, which have their expression in an agile operation of the Register of Agro-Food Interprofessional Organisations and in the obligation to carry the Book of Registration of Members and Agreements.

The Regulation provides for a simplification of the administrative procedure both in the recognition of the agri-food organisations and in the extension of the rules. The time limits laid down in the rules to be repealed are practically halved, with a maximum of 90 days in the recognition procedure, and one hundred and eighty days, which can be reduced to 90 days by the procedure of urgency, in the extension of rules, eliminating the negative silence in both procedures.

Transparency in the procedure is another characteristic of the Regulation, with the obligation to publish in the "Official State Gazette" the recognition, revocation and withdrawal and the extensions of the rules. Another exponent of this feature is the public information procedure that is set for the rule extension.

The General Council of Agro-Food Interprofessional Organisations, which is given its strength through the mechanism of appointment by the Council of Ministers, becomes a collegiate, operational, consultative and advice, as well as the Permanent Commission that emanates from it. In the General Council of Agricultural and Food Organizations, they participate as Vocals, in addition to the representatives of the General Administration of the State, those of the Autonomous Communities, for which the criteria of representation, of a rotating nature, that in addition to allowing the representation of all, the presence of those with greater weight in the national gross domestic product (GDP) and those with greater importance in the sectors in the recognition of inter-branch organisations has been granted agri-food. The organizations representing production, industry and commerce participate in the Council as a whole, occupying fourteen vocalias, having differentiated groups the agricultural professional organizations, the cooperatives agriculture, fisheries representatives and representative organisations of industry and trade, to facilitate the choice and balanced composition of the Standing Committee, since the members of the Standing Committee are chosen from among and for members of each vocal group.

In the proceedings of this Royal Decree, the Autonomous Communities and the sector concerned have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, with the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its May 16, 1997 meeting,

DISPONGO:

Article 1. Object.

The Regulation of Law 38/1994 of 30 December, regulating the Agro-Food Interprofessional Organizations, as amended by the additional provision of Law 13/1996 of 30 December of 30 December, is hereby approved. Prosecutors, Administrative and Social Order, which is listed as an annex to this Royal Decree.

Article 2. Aid.

The agro-food organizations, once recognized by the Ministry of Agriculture, Fisheries and Food, may be beneficiaries of the aid and public subsidies to be established, in order to promote their operation and the performance of the purposes for which they are constituted.

Additional disposition first. Competency enablement.

This Royal Decree is dictated by the jurisdiction conferred on the State by Article 149.1.13. of the Constitution, on the basis and coordination of the general planning of economic activity.

Additional provision second. First constitution of the General Council.

For the first constitution of the General Council of the Agro-Food Interprofessional Organizations, the right to represent the six Autonomous Communities shall be governed by the provisions of criterion (a) of Standard 2. Article 31 (1) of the Regulation.

Single repeal provision. Unique regulatory repeal.

The Royal Decree 2070/1995, dated December 22, is hereby repealed, implementing Law 38/1994, of 30 December, regulating the Agro-Food Interprofessional Organizations.

Final disposition first. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition second. 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 May 16, 1997.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries

and Power,

LOYOLA DE PALACIO DEL VALLE-LERSUNDI

ANNEX

Regulation of Law 38/1994, of 30 December, regulating the Agricultural Interprofessional Organizations

CHAPTER I

Recognition of agri-food interprofessional organizations

Article 1. Conditions for recognition.

The Ministry of Agriculture, Fisheries and Food will grant recognition and register in the Register created by Article 14 of Law 38/1994 of 30 December, regulating Interprofessional Organizations Agri-foodstuffs and developed in Chapter V of this Regulation, to the agri-food trade organisations, at State level or higher than that of an Autonomous Community, which so request, through the procedure provided for in this Regulation. this provision, and comply with the conditions of Article 4 of its Regulatory Law.

Article 2. Getting started with the procedure.

The agro-food organizations interested in their recognition under Article 4 of the Law, will direct the Ministry of Agriculture, Fisheries and Food to request this recognition, signed by all the organisations which compose it and accompanied by a copy of the following documents:

(a) Writing or minutes of the constitution and text of the statutes and, where appropriate, rules of procedure of the agri-food interbranch organisation. Such an agri-food interbranch organisation shall have its own legal personality and exclusive legal personality for the purposes recognised by those organisations, as well as being non-profit-making.

b) Memory, detailing the organization's goals, objectives, and initial performances.

c) Accreditation of the degree of significant implementation of the agro-food interprofessional organization. It is considered to be a significant degree of implantation, when it is represented in each and every professional branch, at least 35 per 100 of the affected productions.

This level of implementation should be accredited by a scale, as proposed by the agri-food interprofessional organisation requesting recognition, and prior to its endorsement by the members of the various branches of the activity of such an interbranch organisation is approved by the Ministry of Agriculture, Fisheries and Food.

Article 3. Acts of instruction.

The acts of instruction necessary for the knowledge and verification of the data under which the decision is to be made shall be carried out by the General Secretariat of Agriculture and Food of the Ministry of Agriculture, Fisheries and Food.

Article 4. Reports.

The General Secretariat of Agriculture and Food of the Ministry of Agriculture, Fisheries and Food, will request for the recognition of the General Council of the General Council of the Agro-Food Interprofessional Organizations, the which must be issued within the maximum period of one month. You can also request how many reports are needed to resolve.

Article 5. Allegations.

Interested parties may, at any time in the proceedings before the hearing, submit claims and provide documents or other evidence. Some and others will be taken into account when drafting the relevant motion for a resolution.

Article 6. Hearing processing.

Instructed the procedure and immediately before drafting the motion for a resolution, it shall be made clear to the persons concerned or, where appropriate, to their representatives. They may, within a maximum period of 15 days, plead and submit the documents and justifications they deem relevant. The hearing procedure shall be dispensed with where the proceedings are not included in the proceedings, and other facts or other allegations and evidence which the parties have claimed are not taken into account.

Article 7. Motion for a resolution.

After the hearing, the General Secretariat of Agriculture and Food will raise the relevant proposal for a resolution to the Minister for Agriculture, Fisheries and Food.

Article 8. Resolution.

1. The dossier for the recognition of the agri-food interbranch organisation shall be decided by ministerial order no later than 90 days from the day of the date on which the application has entered into any of the records of the competent administrative body.

This resolution shall be notified to the applicant agri-food interbranch organisation, with the reasons for it.

2. Where no express resolution has been given within the time limit set, the application may be understood. For their effectiveness, the certification provided for in Article 44 of Law 30/1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure is required within twenty days of the request or which, having been requested, has not been issued after that deadline.

3. The resolution granting recognition to the agri-food interbranch organisation will be published in the "Official State Gazette".

Article 9. Revocation and withdrawal of recognition.

1. The Minister for Agriculture, Fisheries and Food, acting on its own initiative or at the request of a party, shall revoke the recognition of that agri-food interbranch organisation which no longer complies with all or any of the conditions laid down in Article 4 of this Regulation. Law 38/1994, after hearing of the said organization and report of the General Council of the Agro-Food Interprofessional Organizations.

2. Without prejudice to the above paragraph, the withdrawal of recognition to an agri-food interbranch organisation may only be imposed as a sanction in the terms provided for in Article 13 of Law 38/1994.

3. The decision to revoke or withdraw the recognition of an agri-food interbranch organisation shall be notified to the organisation, with the expression of the reasons for it, and shall be published in the 'Official State Gazette'. informational effects.

CHAPTER II

Rules extension procedure

Article 10. Procedure initiation.

Adopted within an agro-food interbranch organization an agreement that has the support required in Article 8.2 of Law 38/1994, it may propose to the Ministry of Agriculture, Fisheries and Food, the extension of all or some of its rules to the total set of producers and operators in the sector or product, as well as, where appropriate, the economic contribution necessary for their effectiveness by those who are not integrated into the organisation Agri-food interprofessional.

The agri-food interbranch organisation shall make a request to the Ministry of Agriculture, Fisheries and Food for the proposed extension of the rules and, where appropriate, for the economic contributions necessary for the application. to the agreement, stating the reasons for such a request and accompanied by the following data and documents:

(a) Certification of the minutes of the competent body which adopted the application for extension of the rule which will include the full text of the agreement of extension.

b) The period of validity that is proposed.

(c) Accreditation of the percentage of support of the agreement as laid down in Article 8 (2) of Law 38/1994. That percentage shall be credited to the scale approved by the Ministry of Agriculture, Fisheries and Food referred to in Article 2 of this Regulation.

(d) Supporting and economic memory that is based on the extension of the rules, specifying the destination to be given to the funds collected, as well as a clear distinction between the operating costs of the organization and the costs of the activity to which the extension of the rules is addressed. Contributions from non-members may only be intended to finance the latter, and must be recorded in the memory.

e) If the procedure for the control and monitoring of the agreements has not been established in the statutes of the organization, the latter must submit a certification of the control and follow-up agreement adopted in this regard by its governing bodies.

Article 11. Acts of instruction.

The acts of instruction necessary for the knowledge and verification of the data under which the decision is to be made shall be carried out by the General Secretariat of Agriculture and Food of the Ministry of Agriculture, Fisheries and Food.

In any case, the Ministerial Departments that may be involved will be requested, as much information or documentation is considered appropriate for the instruction of the case.

Article 12. Reports.

The General Secretariat of Agriculture and Food, will request for the purpose of extension of standards, report of the General Council of Agro-Food Interprofessional Organizations, which must be issued within the maximum period of a month. You can also request how many reports are needed to resolve.

Article 13. Public information.

The agreement for which the extension of the rules is requested and, where appropriate, the corresponding economic contributions, will be submitted to public information by the General Secretariat of Agriculture and Food by means of an announcement, 'Official Journal of the State', in order to enable the persons concerned to examine the file in the place specified therein, and to submit any allegations which are deemed relevant within the time limit set out in that notice, which may not be less than 15 days.

Article 14. Hearing procedure and motion for a resolution.

1. The motion for a resolution shall in any event be addressed to the applicant agri-food interbranch organisation so that it may, within 15 days, examine the dossier, plead and submit the documents it considers to be appropriate.

2. After the hearing, the General Secretariat of Agriculture and Food will raise the Minister of Agriculture, Fisheries and Food, the corresponding proposal for the resolution of the extension of the rules and, where appropriate, of economic contributions.

Article 15. Resolution.

1. The application for the extension of the rules and, where appropriate, the financial contributions shall be settled by ministerial order no later than one hundred and eighty days from the day of the date on which the application has entered into any of the records of the competent administrative body. Agreed, where appropriate, by the urgency procedure, the time limits shall be reduced to 90 days in accordance with the provisions of Article 50 of Law No 30/1992.

When such a resolution is related to the competence of several ministerial departments, the Ministerial Order will be joint. Its resolution shall determine the period of validity of the agreement which is extended, including the full text of the agreement.

2. Where no express resolution has been given within the time limit set, the application may be understood to be estimated.

3. In all cases, the decision shall be notified by the Ministry of Agriculture, Fisheries and Food to the applicant agri-food interbranch organisation, on the grounds that it is motivated.

CHAPTER III

Books, control and monitoring of agri-food organizations

Article 16. Monitoring and monitoring.

1. The following books shall be updated by the agri-food interbranch organisations:

a) Member Record Book.

b) Book of Agreements.

The Register of Members ' Book shall contain the data concerning the members that make up it; date of accession and withdrawal; professional branch in which they are bound, and accreditation of the representativeness, duly updated, according to the scale approved by the Ministry of Agriculture, Fisheries and Food, in the act of recognition.

The Book of Agreements shall record the agreements referred to in Article 7 of Law 38/1994, with the expression of the support obtained by such agreement measured by one hundred producers and operators and of the affected productions.

Books, for which computer procedures are supported, will be enabled by the Register of Agro-Food Interprofessional Organizations.

2. The Ministry of Agriculture, Fisheries and Food, within the scope of its powers, may carry out the inspections, controls and follow-ups it deems appropriate.

3. The monitoring and monitoring of compliance with the agreements must be carried out within the framework of the agro-food interprofessional organization, through the procedure laid down in its statutes or by agreement of its governing bodies, details of the Ministry of Agriculture, Fisheries and Food.

4. The agri-food interbranch organisation may report to the competent judicial and administrative bodies, non-compliances and actions contrary to the agreed standard extension.

CHAPTER IV

Sanctioning Procedure

Article 17. Initiation and applicable regime.

1. Failure to comply with the obligations under Law 38/1994 may, without prejudice to the responsibilities of another order which may be required, give rise to the opening of the relevant file by the Ministry of Agriculture, Fisheries and Power.

2. The procedure for imposing the penalties laid down in Law 38/1994, shall be in accordance with the provisions of Law No 30/1992, and in Royal Decree 1398/1993 of 4 August 1993 on the Rules of Procedure for the exercise of the sanctioning authority.

Article 18. Competent bodies.

1. The body responsible for initiating the sanctioning file is the Director-General of Food Policy and Agricultural and Food Industries, who will appoint the instructor.

2. The competent bodies for the imposition of the penalties referred to in Law 38/1994 are:

(a) The Director-General of Food Policy and Agricultural and Food Industries, for the imposition of sanctions for minor infractions.

(b) The Secretary-General of Agriculture and Food for the imposition of sanctions for serious infringements.

(c) The Minister of Agriculture, Fisheries and Food for the imposition of sanctions for very serious infringements.

3. In the case of decisions which end the procedure for sanctioning cases (a) and (b) of the preceding paragraph, ordinary appeal may be brought under Article 114 et seq. of Law No 30/1992.

CHAPTER V

Register of Agro-Food Interprofessional Organizations

Article 19. Register of Agro-food Interprofessional Organisations.

The Register of Agro-Food Interprofessional Organisations will depend on the Directorate-General for Food Policy and Agricultural and Food Industries, Ministry of Agriculture, Fisheries and Food and will have a public.

Article 20. Inscriptions.

The following entries shall be made in the Register of Agro-Food Interprofessional Organisations:

(a) The recognition of the agri-food interprofessional organisation, granted through the corresponding Ministerial Order.

(b) Revocation of the recognition of the agri-food interbranch organisation, as provided for in Article 11 of Law 38/1994.

(c) Suspension or withdrawal of recognition as a result of the application of Articles 12 and 13 and additional provision third of Law 38/1994.

(d) Agreements adopted by the agri-food interbranch organisation which relate to one of the purposes described in Article 3 of Law 38/1994.

(e) The arrangements for extension of rules and, where appropriate, economic contributions, which have been approved by ministerial order.

Article 21. Conditions of registration.

1. In the case of paragraph (a) of the foregoing Article, in the absence of an express judgment of the procedure of recognition, the presentation of the certification of an alleged act issued in accordance with Article 44 of Law 30/1992 shall be sufficient for practice the corresponding registration records.

2. In the case (c) of the previous article, the registration shall be made once the sanction is signed on an administrative basis.

3. In the case of the previous Article, the Ministry of Agriculture, Fisheries and Food may, prior to the registration in the Register, verify that the agreements of the agri-food trade organisations, which relate to of the purposes governed by Article 3 of Law 38/1994, are in accordance with the rules and principles laid down in Law 16/1989 of 17 July of the Defense of Competition, and the provisions governing this matter in law Community.

4. Registration shall be effected in the case referred to in paragraph e), once published in the "Official State Gazette", the corresponding Ministerial Order.

Article 22. Communication of the Autonomous Communities.

When the Autonomous Communities recognize in their territorial scope, inter-branch agro-food organizations, under the provisions of the second provision of Law 38/1994, they shall communicate such recognition to the Registry of Agro-Food Interprofessional Organizations of the Ministry of Agriculture, Fisheries and Food for information purposes, as well as the revocation or withdrawal of the recognition or any other incidence recorded in its Register.

CHAPTER VI

General Council of Agro-food Interprofessional Organisations

Article 23. Composition.

1. The General Council of Agro-Food Interprofessional Organisations, as a collegiate body attached to the Ministry of Agriculture, Fisheries and Food, shall act in plenary and in the Standing Committee.

2. The plenary session of the General Council of Agro-Food Interprofessional Organisations shall be composed of:

a) President: The Minister of Agriculture, Fisheries and Food.

b) Vice President: The Secretary General of Agriculture and Food.

c) Vocals:

1. Four representatives of the Ministry of Agriculture, Fisheries and Food, being one of them, the Director-General of Food Policy and Agricultural and Food Industries.

2. A representative of the Ministry of Economy and Finance.

3. A representative of the Ministry of Health and Consumer Affairs.

4. Six representatives of the Autonomous Communities.

5. Five representatives of professional agricultural organizations.

6. Two representatives of agricultural cooperatives organizations.

7. Two representatives of fisheries organizations.

8. Five representatives of the organizations of the industry and the agri-food trade.

9. A representative of consumer organizations.

An official from the Ministry of Agriculture, Fisheries and Food will act as Secretary.

3. The Standing Committee shall be composed of:

1. President: The Secretary General of Agriculture and Food.

2. Vice President: The Director-General of Food Policy and Agricultural and Food Industries.

3. Two representatives of the Ministry of Agriculture, Fisheries and Food.

4. Three representatives of the Autonomous Communities.

5. Three representatives of professional agricultural organizations.

6. A representative of agricultural cooperative organizations.

7. A representative of fisheries organizations.

8. ยบ Three representatives of the organizations of the industry and the agri-food trade.

The Secretary of the Council will act as Secretary.

Article 24. From the President of the Council.

1. It shall be for the President of the Council Plenary:

a) Ostend the representation of the organ.

(b) agree to the convening of ordinary and extraordinary sessions and the establishment of the agenda, taking into account, where appropriate, requests from other members in good time.

c) Chair sessions and moderate the development of debates.

d) Lead with your vote the draws for the purpose of adopting agreements.

e) Ensuring compliance with laws.

f) Vising the minutes and certifications of the organ agreements.

g) Exercise how many other functions are inherent in your condition as the organ's president.

2. In cases of vacancy, absence, illness or other legal cause, the President shall be replaced by the Vice-President and, failing that, by the member who establishes his rules of procedure.

Article 25. From the Vice-President of the Council Plenary.

The Vice-President of the Council plenary, in addition to replacing the President in the cases mentioned above, will have as functions those that the President expressly delegates to him.

Article 26. From the Chair and Vice-Chair of the Standing Committee.

The functions of the Chair and Vice-Chair of the Standing Committee shall be, within the functional scope of the Standing Committee, the same as those indicated for the President and Vice-Chair of the Council Plenary.

Article 27. Of the members of the Council.

1. It corresponds to the members of the Council:

a) Participate in session debates.

b) Exercise their right to vote. They shall not be allowed to abstain in votes for the status of members of the General Council for their quality of authorities or staff at the service of public administrations.

c) Formulate pleas and questions.

d) Get accurate information to fulfill the assigned functions.

e) How many other functions are inherent in your condition.

2. In cases of absence or disease and, in general, where there is a justified cause, the members shall be replaced by their alternates.

Article 28. From the Secretary.

Corresponds to the Secretary of the Council:

a) Attend meetings with voice but no vote.

(b) to call for meetings of the Council and the Permanent Commission on the order of its President, as well as the summons to the members of the Standing Committee, which must receive such calls at least in advance of seven days to the date of the same.

(c) Receive the members ' acts of communication with the Council and the Standing Committee, and therefore the notifications, requests for data, corrections or any other kind of writing from which they must be knowledge.

d) Prepare the issue, write and authorize the minutes of the sessions.

e) Exorder certifications from approved queries, opinions, and agreements.

f) How many other functions are inherent in your status as Secretary.

Article 29. Functions of the plenary and convocation.

1. The functions of the plenary session shall be:

(a) Those set out in Article 15.3 of Law 38/1994.

b) Report on those matters of importance to be submitted by the agro-food interprofessional organizations, even in the pre-recognition phase.

c) Approve the annual memory.

d) Regular and approve the internal organization and operation regime.

e) Request how much additional information you need about those issues that you are being asked to query.

2. The plenary session shall meet, on a call from its president, on its own initiative or on a proposal from the Standing Committee. The plenary session shall hold at least one session per year.

Article 30. Functions of the Standing Committee and convocation.

1. The functions of the Standing Committee shall be as follows:

(a) Adopt the necessary measures for the implementation of the general lines of action of the Council approved by the plenary.

b) Deciding the processing of the consultations and proposals made to the Council.

c) Propose the hiring of external consultations or opinions, either on their own initiative or on a proposal from the President.

(d) Elevate the proposal for the agenda of the plenary sessions and the date of its conclusion to the President.

e) To request the plenary session, to be convened by the President or Vice-President.

f) Set the guidelines and arrange for the drafting of the annual report for approval and elevation to the plenary.

g) Collection and processing of the information and documentation required for the preparation of the reports to be issued by the plenary.

h) Follow-up to the reports and opinions delivered by the plenary.

i) to issue opinions expressing the opinion of the Council when the plenary session has delegated it to it.

(j) How many other functions are granted to them by the plenary.

2. The Standing Committee shall meet when its President considers it appropriate and at least once every six months.

Article 31. Appointment and termination.

1. The members of the Council shall be appointed by the Council of Ministers, on a proposal from the Minister for Agriculture, Fisheries and Food, for a period of two years according to the following rules:

1. The Vocals representatives of the General Administration of the State, members of the Council, who will rank at least the Director General, shall be proposed by the respective Subsecretaries of the Departments. represented.

2. The representatives of the Autonomous Communities will be proposed by their respective administrations.

The right to representation for each period of the Autonomous Communities shall be exercised according to the following criteria:

(a) The two Autonomous Communities with the highest contribution to the national gross domestic product (GDP).

b) The two Autonomous Communities with the highest relative importance in the gross domestic product (GDP) for all sectors in which there have been recognised agri-food organisations, and not is included by criterion (a).

(c) The two Autonomous Communities which would not have been represented in the Council in previous periods on the basis of criteria (a) and (b) and following the alphabetical order.

3. The representatives of the various representative organizations shall be proposed by those entities that are determined in this respect, according to their representativeness.

4. Each Vocal will have an alternate who will be proposed and appointed in the same way as the holder.

2. The Secretary of the Council shall be appointed by the Undersecretary of the Ministry of Agriculture, Fisheries and Food among officials of the Department with the category of Subdirector-General, or assimilated.

3. The members of the Standing Committee shall be appointed to the constituent session of the Council from among the members of the Standing Committee, corresponding to each of the groups of Vocals set out in Article 23 of this Regulation.

4. The members of the Council shall cease for any of the following reasons:

(a) By the expiration of the deadline for your appointment.

b) A proposal from the organizations that promoted the appointment.

c) By resignation accepted by the President.

(d) For violating the own reserve of its function, corresponding to its appreciation to the Council Plenary.

5. Any advance vacancy in the post other than the expiry of the appointment shall be covered by the alternate.

6. The members of the Council shall continue in the exercise of their duties until the new members are taken over.

Article 32. Operation of the General Council of Agro-Food Interprofessional Organisations.

Without prejudice to the specificities provided for in this Regulation, the General Council of Agro-Food Interprofessional Organisations shall adjust its operation to the provisions of Chapter II of Title II of the Law 30/1992.

Article 33. Resources and media.

The Ministry of Agriculture, Fisheries and Food shall provide to the General Council of Agro-Food Interprofessional Organisations, the human, material and economic resources necessary for its operation.