Approved the Order of 12 November 1996, of the Ministry of Agriculture and Livestock, laying down the Regulation on organic production of agricultural products and their indication in agricultural products and foodstuffs, and establishing the Council of Ecological Agriculture of the Community of Castilla y León.

According to Royal Decrees 3537/1981, of 29 December, which transfers powers in matters of agriculture to the General Council of Castilla y León, and Royal Decree 3535/1982, of 24 July, for which it is transfer powers, functions and services of the State to the General Council of Castilla y León in the field of agriculture, and the first article of Royal Decree 1852/1993 of 22 October on organic production of agricultural products and their indication in the agricultural products and foodstuffs.

Whereas the Order of 12 November 1996 laying down the Regulation on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and establishing the Council for Organic Agriculture The Community of Castile and Leon, in accordance with the provisions of Regulation (EEC) No 2092/1991 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, corresponds to this Ministry of the precise Order for the purposes of its defence at national and international level.

In its virtue, I have:

Article 1.

The text of the Order of 12 November 1996, of the Council of Agriculture and Livestock of the Junta de Castilla y León establishing the Regulation on organic production of agricultural products and their indication in the agricultural products and foodstuffs, and the Council for Ecological Agriculture of the Community of Castilla y León is hereby established as an annex to this provision, which the Ministry of Agriculture and Fisheries assumes for the purposes of its promotion and defence at national and international level.

Single end disposition. Entry into force.

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

Madrid, 25 April 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 12 November 1996 from the Council of Agriculture and Livestock for the establishment of the Regulation on organic production of agricultural products and their indication in agricultural products and foodstuffs and the establishment of the Council of Organic Agriculture of the Community of Castilla y León

By means of Royal Decree 759/1988 of 15 July ("Official State Gazette" number 174, 21), the agri-food products obtained without the use of synthetic chemicals in the designations of origin, generic and specific, as laid down in Law 25/1970, pursuant to the provisions of its fifth additional provision.

In order to implement and develop in the territorial area of Castilla y León the provisions contained in Council Regulation (EEC) 2092/1991 of 24 June (Official Journal of the European Community, number 198, 22 of (a) July), on organic production of agricultural products and their indication on agricultural products and foodstuffs and in the use of the competition recognized by the Autonomous Communities by Royal Decree 1852/1993 of 22 October 1993 (Official State Gazette) 283, of 26 November) to designate competent authority and control authority in this field, The Order of 31 March 1995 ("Official Gazette of Castile and Leon", number 76 of 21 April 1995) laid down the Regulation on organic production of agricultural products and their indication on agricultural products and on the food and the Council of Ecological Agriculture of the Community of Castilla y León was created as the control authority.

Subsequently, by Order of this same Council of 27 October 1995, the Directorate General of Agricultural Industries and Rural Development was appointed as the competent authority in the field of organic agricultural production in the Community of Castilla y León.

It is necessary, however, to give a new wording to the Regulation in order to take account of the comments made by the Subdirectorate-General of the National Institute of Denominations of Origin (today Subdirección General de Quality names) in the sense of not conditioning the right of the operator to exercise his activity to the registration in a public register, registration not required by Regulation (EEC) 2092/1991.

By virtue of all of this and in use of the vested powers I have:

Article 1.

The new text of the Regulation on organic production of agricultural products and their indication on agricultural products and foodstuffs is hereby approved and the Council for Ecological Agriculture of the Community of Castilla y León is hereby established. figure as an annex to this Order.

Article 2.

The approved text will be forwarded to the Ministry of Agriculture, Fisheries and Food for knowledge and ratification.

Transitional disposition.

The current Provisional Council of Ecological Agriculture of the Community of Castilla y León, designated by Order of this Department of 19 December 1995 ("Official Gazette of Castilla y León" number 244, 22), on the basis of The provisions of the transitional provisions of the Order of 31 March 1995 will continue to carry out their duties until the Council has been set up in accordance with Article 7 of this Regulation.

Repeal provision.

The Order of 31 March 1995 of the Department of Agriculture and Livestock, laying down the Regulation on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, is hereby repealed and the Council of Ecological Agriculture of the Community of Castilla y León.

Final disposition.

This Order shall enter into force on the day following its publication in the Official Gazette of Castilla y León.

CHAPTER I

General provisions

Article 1.

In accordance with the provisions of Royal Decree 1852/1993 of 22 October 1993 (Official State Gazette number 283 of 26 November) on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and In Regulation (EEC) No 2092/1991 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, the terms referred to in Article 2 shall be reserved for agricultural products and foodstuffs. defined in Article 2 of Royal Decree 1852/1993, in whose production, production and conservation only authorised products have been used, in addition to the provisions of this Regulation and the provisions in force in the field of organic farming.

Article 2.

1. The reserve is extended to the name of each product in particular, linked to the term "obtained without the use of synthetic chemicals", to the terms "biological", "ecological", "biodynamic", "biologic-dynamic" and "organic" and the terms "derived from agriculture" or "derived from livestock" followed by the terms "biological", "organic", "biodynamic", "biologica-dynamic" and "organic".

2. The use in other agricultural and food products of names, marks, expressions and signs which, because of their phonetic or graphic similarity with those protected, may be induced to be confused with those which are the subject of these rules, shall be prohibited. even if they are preceded by the expressions "type", "style", "taste" or similar.

Article 3.

The defense of production obtained in accordance with this Regulation, the application of this Regulation, the monitoring of its compliance, as well as the promotion and control of the quality of the products covered, are entrusted to the Council of Organic farming, the Ministry of Agriculture and Livestock and the Ministry of Agriculture, Fisheries and Food, in the field of their respective competences.

Article 4.

For the purposes of Articles 8 and 9 of Regulation (EEC) No 2092/1991, the competent authority for organic agricultural production in the Community of Castilla y León shall be the Directorate-General for Agricultural Industries and Rural development and the control authority of the Council of Ecological Agriculture of the Community of Castilla y León (hereinafter the Council) which is created by this Order.

Council which, in turn, will be the body responsible for receiving the notifications referred to in Article 8 of Regulation (EEC) No 2092/1991.

CHAPTER II

From the Council of Ecological Agriculture of the Community

de Castilla y León

Article 5.

1. The Council is an organ integrated in the Council of Agriculture and Livestock, with a deconcentrated organ of the same, and with decision-making powers in all the functions entrusted to it in this Regulation, in accordance with what is determined in the legislation in force in this area.

2. Your field of competence will be determined:

(a) For the territory, for that of this Autonomous Community.

(b) By reason of the products, by those protected by the use of the names referred to in Article 2 of this Regulation and the second paragraph of Article 3.1 of Royal Decree 1852/1993, in any of its stages of production, production and marketing.

(c) For the purpose of persons, for which they are subject to the control system referred to in Article 9 of Regulation (EEC) No 2092/1991.

Article 6.

1. It is the main task of the Council to apply the provisions of this Regulation and to ensure that it is complied with, in order to exercise, in the field of its powers, the control functions assigned to the supervisory authorities in Articles 8 and 9. Regulation (EEC) No 2092/1991, which must inform the Directorate-General of Agricultural Industries and Rural Development of any action taken in this field.

2. In order to fulfil its task, the Council shall establish a system of rules concerning the production and production of each of the products covered by this Regulation. Those rules shall be adjusted, at least, to the production principles and rules laid down in Regulation (EEC) No 2092/1991 and shall be approved by the Ministry of Agriculture and Livestock.

3. The wording of these rules shall include at least the following information:

(a) Nature of agricultural and food products intended to be marketed.

b) Conditions to be met by agricultural farms for conversion.

c) Planned production and processing methods.

(d) Fertilizers, anti-parasitic agents, drugs and other products to be used and their corresponding doses, in cases where it is deemed necessary.

(e) Conditions to be met by non-processed animal and derived products intended to be placed on the market.

(f) Systems to be used by the Council for the control and monitoring of compliance with specific regulations.

4. The Council shall provide the Directorate-General of Agricultural Industries and Rural Development with documentation as required by the Council concerning notifications, inspections, ups and downs, as well as any other documents required for it. compliance with the provisions of this Regulation.

5. The Council will also ensure the promotion and propaganda of organic products.

Article 7.

1. The Council shall consist of:

a) A President.

b) A Vice President.

c) Six Vocals, three representing the producer sector and three representing the working sector. All of them shall be elected in each sector for which they are subject to the control of the Council and between them.

Assistants will also be present in the capacity of two technical advisors with a voice but no vote of the Agriculture and Livestock Department that will be appointed by the Counselor.

2. The Vowels referred to in point (c) of the preceding paragraph shall be chosen in accordance with the provisions of the Order of 20 October 1994 (Official Gazette of Castile and Lion No 223 of 18 November) of the Department of Agriculture and Livestock farming, which determines the procedure for the renewal of Vocals of the Regulatory Councils of the Quality Denominations of Castilla y León, as amended by the Order of 10 April 1996 ("Official Gazette of Castilla y León" 79, 25) or by which in the future it will replace it, with the particularities derived from the provisions of this Regulation.

3. The President shall be appointed by the Minister of Agriculture and Livestock on a proposal from the Council, in accordance with the aforementioned electoral regulations.

4. The Vice President will be elected by the Council from among the Vocals of the same and on a proposal from the President, and will have as main functions to replace the President in cases of vacancy, absence, illness or other legal cause, in addition to those other that the President delegate to him.

5. For each of the positions of the Council Vocals, an alternate shall be appointed, elected in the same way as the holder and belonging to the same sector.

6. In case of termination of a Vocal for any cause, a substitute shall be appointed in the established form, although the mandate of the new Vocal will be for the time that the Vocation is replaced to fulfill that mandate.

7. The deadline for the takeover of the Vocals will be that established in the electoral regulations.

8. It will cause a reduction in the Vocal which, during the period of its validity, is punishable by a particularly harmful infringement in the matters governed by this Regulation, either personally or by the undertaking to which it belongs, Plenary session of the Council.

Article 8.

1. The members of the Council referred to in paragraph 1 (c) of the preceding Article shall be linked to the sectors they represent, either directly or by being representatives of undertakings engaged in the activities to be carried out by the Council. represent. However, the same person, whether natural or legal, may not have a double representation in the Council, one in the producer sector and one in the working sector.

2. Vowels representing legal persons shall cease at the time when the representation they hold is revoked or modified, and the Vocation shall be filled with the supplement.

Article 9.

1. The President is responsible for:

a) Represent the Council. This representation can be delegated to any member of the Council in an express manner, in cases where necessary.

b) Manage Council revenue and funds and order payments.

c) Agree to the call and chair the Council meetings by pointing to the agenda, submitting to the decisions of the Council the matters falling within its competence and implementing the agreements adopted.

d) to organise the internal arrangements of the Council, except as regards control and inspection of registered operators.

(e) Contreat, suspend or renew the staff of the Council, not intended for inspection and control functions, subject to the agreement of the Council and provided that there is budgetary entry. In the case of inspection and control personnel, the procurement, suspension or renewal shall be made on a proposal from the Directorate General of Agricultural Industries and Rural Development.

f) To inform the Ministry of Agriculture and Livestock of the incidents that the production and the market will produce.

g) To issue to the Directorate General of Agrarian Industries and Rural Development those agreements which the Council adopts for general compliance, by virtue of the powers conferred upon them by this Regulation and those which, by its importance should be known to them.

(h) Those other functions which the Council agrees or entrusts to it by the Directorate General of Agricultural Industries and Rural Development.

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

3. The President will cease to expire the term of his term of office, at his request, once his resignation has been accepted by the plenary and ratified by the Minister of Agriculture and Livestock for the declared legal incapacity.

4. In the event of a cessation or death, the Council shall, within one month, propose a new President.

Article 10.

1. The Council shall meet when convened by the President, either on his own initiative or at the request of at least half of the Vocals, with a minimum of one time being required to be held once a quarter.

2. Meetings of the Council shall be convened at least 15 days in advance, and the order of the day of the meeting shall be accompanied by the summons, in which no more matters than those previously mentioned may be dealt with. Where necessary, where the urgency of the matter so requires in the case of the President, the Vocals shall be cited, by appropriate means to permit their constancy, at least forty-eight hours in advance. In any event, the Council shall be validly constituted when all its members are present and agree unanimously.

3. Council agreements shall be adopted by a majority of votes, provided that more than half of the Council's Vocals are present or represented. The President will have a vote of quality, not being applicable in this case Article 42.3 of the Order of 20 October 1994 ("Official Gazette of Castilla y León" number 223, of 18 November), of the Ministry of Agriculture and Livestock.

4. In order to resolve matters of procedure, or in cases where it is deemed necessary, a Standing Committee may be established, which shall be composed of the President, the Vice-President and two Chief Vocals, one of each sector, appointed by the Plenary Assembly. of the Council. In the session on which the establishment of the Standing Committee is agreed, the specific tasks to be performed shall also be agreed. All decisions taken by the Standing Committee shall be communicated to the Council at its first meeting.

Article 11.

The Council shall have a Secretary appointed by the Council itself and shall be responsible for:

a) Prepare the work of the Council and process the implementation of its agreements.

b) Attend sessions with a voice but no vote, unless the position is placed on a Vocal.

(c) To carry out the calls by order of the President, to lift the minutes and to keep the books and documents of the Council, except those relating to inspection and control to be placed on the Technical Director, in accordance with the provisions of the in Article 12.4 of this Order.

(d) The tasks entrusted to it by the President relating to the preparation and implementation of the matters of the Council's competence.

Article 12.

1. In order to fulfil its objectives, the Council shall have the necessary staff and the staff shall be provided in the Council's own budget.

2. For the technical tasks entrusted to it, the Council may have the necessary technical services.

3. For the control and surveillance services, an inspection service may be provided with inspectors or eaters to be appointed by the Director-General of Agricultural Industries and Rural Development, with inspection powers relating to:

(a) Agricultural holdings located in the territory of this Autonomous Community which are subject to the control system provided for in this Regulation.

(b) the processing and packaging industries and installations subject to the Council's control system.

(c) The products covered by this Regulation.

4. The management of the control and surveillance services shall be assigned to a technical director responsible for the matter and appointed by the Director-General of Agricultural Industries and Rural Development.

5. The Council may hire the staff necessary to carry out urgent work, provided that it is approved in the budget for this purpose.

6. The Council may, both for the control work and for the analytical determinations of the products covered, establish agreements or agreements with universities, service undertakings or other organisations.

7. Labour law will apply to all Council staff, both on a fixed and temporary basis.

Article 13.

1. The Council will have a Committee on Product Qualification (hereinafter the Committee), which will have the task of informing the nature and quality of the production and production of the products covered by this Regulation. internal market as an external market, being able to have the necessary technical advice.

2. The qualification committee shall be composed of three technicians, independent of the sector, with knowledge of organic farming, appointed by the Director-General of Agricultural Industries and Rural Development and of which one will act as President of the same.

3. Its operation shall be governed by the Council's Rules of Procedure.

4. The Committee shall issue a prior and binding report on the conformity or non-conformity with the control system of the operators of organic products referred to in Chapter IV.

The report will be submitted to the Council, which will, in plenary, resolve the matter.

Article 14.

1. The financing of the Council's activities shall be made with the resources provided for in its annual budget, which shall be drawn up in accordance with the guidelines established by the Directorate-General for Agricultural Industries and Rural Development and approved by this.

2. The resources referred to in the preceding paragraph shall consist of:

(a) The quantities provided by operators who, in accordance with Article 9.2 of Regulation (EEC) No 2092/1991, submit their undertaking to the control system.

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

(c) Goods constituting their assets and the products and sales thereof.

3. The management of revenue and expenditure included in the budgets is the responsibility of the Council.

Article 15.

1. Council agreements shall be notified or published 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.

2. The minutes of the meetings of the Council, as well as the agreements and resolutions of the Council, shall be forwarded to the Ministry of Agriculture and Livestock for knowledge. Against the agreements and resolutions adopted by the Council, the Director-General of Agricultural Industries and Rural Development shall have regular recourse.

CHAPTER III

Operator relationships

Article 16.

1. The following relations shall be carried out by the Council:

(a) A list of operators holding agricultural holdings.

b) The relationship of operators holding companies in the manufacture or marketing and packaging of products.

c) List of labels authorized to use the name of organic farming or any other of those permitted by this Regulation.

2. The function of these measures is to provide the Council and the Directorate-General for Agricultural Industries and Rural Development with the information necessary for the effective control of the operators concerned, as well as for the effects provided for in Article 8.3. of Regulation (EEC) No 2092/1991.

Article 17.

1. All those whose products may be covered by this Regulation shall appear in the list of operators holding agricultural holdings.

2. It shall include the name of the owner and, where appropriate, the tenant or owner of the holding, and the place of age, the municipality in which it is situated, the polygon and the land, surface, crops, number of animals, breeds, number of warehouses and the type of products stored in each warehouse and how much data is necessary for its perfect classification and location, as well as plans in which the registered plots and facilities will be reflected.

In the same way, the Council may ask the operators to declare the rest of the non-organic holding, if any.

Article 18.

1. In the case of operators holding companies for the manufacture or placing on the market and packaging of products, all those who produce and/or package products covered by this Regulation shall appear.

2. They will include the name of the company and its owner, location, site area, products it produces and its corresponding capacities, number of warehouses and capacity of each one, facilities and how much data are accurate for the perfect identification and cataloguing of the company. In the event that the company does not own the premises, this circumstance shall be indicated by indicating the name of the owner.

Article 19.

1. Any variation affecting the data supplied shall be communicated to the Council where the data is produced.

2. The inspection services of the Council shall carry out regular checks to verify the effectiveness of the provisions laid down in the preceding paragraph.

3. This data shall be updated within the time limit and form to be determined by the Council. In the case of operators holding agricultural holdings, this update must take place every year.

CHAPTER IV

Rights and obligations

Article 20.

1. Natural or legal persons who are to cultivate, produce, manufacture, package or market organic agricultural products shall notify the General Directorate of Agricultural Industries and Rural Development of this activity. The notification to be submitted to the Council shall include the information specified in Annex IV to Regulation (EEC) No 2092/1991.

2. Only the names assigned to organic production, in accordance with Article 2 of this Regulation and Article 3.1 of Royal Decree 1852/1993, may be applied to products from agricultural holdings, facilities, warehouses and industries which have been produced and produced in accordance with the rules required by that Regulation or its accompanying provisions, by Council agreements and by Regulation (EEC) No 2092/1991 and by their implementing rules and which meet the requirements of the qualitative, technical and organoleptic conditions to be characterised.

3. The right to the use of the names covered by this Regulation in propaganda, advertising, documentation or labels is exclusive to natural and legal persons who meet the above requirements, which are obliged to comply with their (a) provisions and agreements which, within their powers, are given by the competent bodies of the Council, as well as to satisfy the relevant levies.

Article 21.

Any product covered by this Regulation may be protected in turn by another name or quality figure, provided that it complies with the relevant regulations.

Article 22.

1. Operators who have notified their activity must submit their undertaking to the control system referred to in Regulation (EEC) No 2092/1991.

2. In accordance with Article 9.2 of Regulation (EEC) No 2092/1991, operators and undertakings must pay their contribution to the control costs, the amounts of which, according to the different characteristics of the process concerned, shall be fixed by the Council and will be part of its annual budget.

Article 23.

1. The names, emblems, logos and any other type of propaganda used may not be used in the marketing of products which do not comply with this Regulation.

2. The labelling of the products covered by this provision must comply with Articles 5 and 10 of Regulation (EEC) No 2092/1991 and its accompanying provisions.

Article 24.

1. All products intended to be protected by this Regulation must be checked by the Qualification Committee in order to determine whether they comply with the quality specifications and technical conditions laid down. In this sense, the Council will draft a regulation on qualification for each of the products originating, which must be approved by the Directorate General of Agricultural Industries and Rural Development.

2. Once the suitability of the products has been established, the Qualification Committee shall inform the Council, which shall ensure, by appropriate control, that only products deemed fit are issued for consumption with the label or counter-label. referred to in paragraph 4 of this Article.

3. The labels on packaging must include the name of products produced or manufactured in accordance with this legislation, in addition to the data which are generally determined in the applicable legislation.

4. Whatever the type of packaging in which they are dispatched, the products for consumption shall be provided with a numbered label or counter-label provided by the Council, which must be placed before the product is dispatched, in accordance with the rules to be established.

5. Before they are put into circulation, the labels must be authorised by the Council for the purposes laid down in this Regulation. The approval of those labels which for any cause could lead to confusion in the consumer will be denied.

The authorization shall be conditional upon the fact that the circumstances referred to in the label of the natural or legal person that owns the same are not varied and that no preferential rights of third parties are harmed.

6. The Council shall adopt and register an emblem or logo as a symbol of the products produced or produced in accordance with this legislation, which must appear on the labels or counter-labels it issues. It may also make it mandatory that, on the outside of the premises listed in the operator's relations and in particular, a plaque which refers to this condition is included.

7. Operators complying with the above requirements shall be entitled to use the logo provided for in Article 3.2 of Royal Decree 1852/1993 on their labelling and advertising for products produced or manufactured in accordance with this legislation.

Article 25.

Any shipment of products produced or manufactured in accordance with this legislation must be accompanied by a document of circulation between companies, issued by the Council.

Article 26.

1. In order to be able to control production, production and marketing, as well as stock volumes, where appropriate, and where necessary in order to be able to prove the origin and quality of the products covered, natural or legal persons holders of farms, facilities or industries will be obliged to comply with the following formalities:

(a) The holders of agricultural holdings subject to the Council's control system shall submit a declaration of the harvests or production obtained each year, as well as the number of animals intended for production (specified by race and sex) and livestock products obtained on the holding.

They must also carry out an accounting by means of annotations or documents enabling the Council to locate the origin, nature and quantities of the means of production acquired, and to ascertain the use made of it. of the same; an accounting shall also be carried out by means of annotations or documents relating to the nature, quantities and recipients of all products sold. The quantities shall be globalized for days in the case of direct sales to the final consumer.

(b) The holders of industries subject to the control system of the Council shall declare each year, in the form and date laid down by it, the quantities of products manufactured and packaged, taking into account their origin and quantity. As long as they have stocks, they shall declare the sales made on a quarterly basis.

You must also keep an accounting, by means of annotations or documentary, that allows the Council to know:

The origin, nature and quantities of organic agricultural products that have been delivered to the industry.

The nature, quantities and recipients of organic agro-food products that have left the industry.

Any other information, such as the origin, nature and quantities of ingredients, additives and processing aids received in the industry and the composition of the processed products, which the Council requires for adequate inspection of the operations.

2. The declarations referred to in paragraph 1 of this Article shall not be made available or published more than in a generic form, without any reference to an individual character. Any infringement of this rule by staff affected the Council will be regarded as particularly lacking in respect of the Council or the products covered.

Article 27.

1. Consignments of products covered by any cause, which have defects, are susceptible to change or in the production, manufacture, packaging or storage of which are not in compliance with the provisions of this Regulation or the other applicable rules In this respect, the Council shall, after hearing the person concerned, be disqualified by the Council, which shall result in the loss of the label or logo assigned to organic production in accordance with Article 2 of this Regulation and Article 3.2 of the Royal Treaty. Decree 1852/1993.

2. On the basis of the initiation of the disqualification dossier, the Council may provisionally withdraw the use of the countertag in the items subject to analysis or verification.

CHAPTER V

Violations, Sanctions, and Procedure

Article 28.

All actions to be carried out in the field of sanctioning files shall comply with the rules of this Regulation and with the provisions of Regulation (EEC) No 2092/1991; Law 25/1970 of 2 December 1992 Vina, Wine and Spirits, and Decree 835/1972 of 23 March, on which its Rules of Procedure are adopted; in Royal Decree 1945/1983 of 22 June 1983 regulating infringements and penalties in respect of consumer and consumer protection agri-food production; in Law 30/1992 of 26 November 1992, of the Legal Regime of the Administrations Public and the Common Administrative Procedure; in Decree 271/1994 of 1 December 1994 regulating the powers of sanction in the field of agri-food fraud and quality; in Decree 189/1994 of 25 August 1994, for which the approves the Regulation Regulator of the Administrative Procedure of the Administration of the Community of Castilla y León, and in the rest of the legislation in force.

Article 29.

1. Infringements of the provisions of this Regulation and of the Council's agreements shall be sanctioned with warning, fine, confiscation of the goods concerned, temporary suspension of the use of the labels authorized by the Council and of the names This regulation is covered by this Regulation or with the reduction in the relations of Council operators.

2. The basis for the imposition of fines shall be determined in accordance with Article 120 of Decree 835/1972.

Article 30.

Irregularities and infringements committed by operators subject to the control regime of the Council are classified, for the purposes of their sanction, as follows:

a) Administrative Fhighs.

(b) Infringements of the rules on the production, processing, conservation, packaging and storage of protected products.

(c) misuse of the names or acts that may cause injury or disrepute.

Article 31.

1. Administrative errors, in general, inaccuracies or omissions in declarations, documents of dispatch, books, control sheets and other documents, and in particular the following:

1.o Inaccuracies or omissions in the data and vouchers required in the relations of operators.

2.o Do not communicate any variation affecting the data provided to the Regulatory Board within a period of 15 days after the date of its production.

3.o The default or inaccuracy of the provisions set out in Articles 25 and 26 of this Regulation in relation to production and movement declarations of stocks of products.

4.o The remaining infringements of this Regulation or its accompanying provisions and the Council agreements in the field referred to in this Article.

2. Administrative offences shall be punishable by fines of 1 to 10 per 100 of the value of the goods concerned, except in the cases referred to in Article 35 (1) or (1) of this Regulation, which shall be subject to penalties.

Article 32.

1. The following are infringements of the rules on the production, processing, conservation, packaging and storage of products:

1.o Non-compliance with existing standards on hygiene practices for manufacturing, conservation and transport.

2.o Non-compliance with the specific rules for the production, processing, packaging and conservation of this Regulation or its accompanying provisions and in the Council's agreements on this matter.

3.o The supply of false information or documentation.

4.o The remaining infringements of this Regulation or its accompanying provisions and the Council agreements in the field referred to in this Article.

2. These infringements shall be punishable by fines of 2 to 20 per 100 of the value of the goods concerned and in the latter case the confiscation may also be applied.

Article 33.

1. They are offences for the misuse of the names covered or for acts which may cause injury or disrepute:

1. The use of names, emblems, logos and labels, covered by this Regulation, in agri-food products which have not been produced, produced and/or bred in accordance with the rules laid down by the legislation in force, this Regulation or its accompanying provisions, and the agreements adopted by the Council in this field.

2.o The use of names, emblems, logos and labels covered by this Regulation in the marketing of other products not protected.

3.o The use of names, marks, labels or counter-labels not approved by the Council, in the cases referred to in the number 1.o

4.The storage of protected products on the same premises that are stored unprotected products.

5.o The improper possession, negotiation, falsification or use of labels, counter-labels and other documents approved by the Council.

6.o The issue of agri-food products which does not correspond to the characteristics mentioned in its marketing means.

7.The issue, circulation or marketing of products covered by packaging types not authorised by the Council.

8.o Elaborate, package and store agri-food products in premises or facilities that do not appear in the relations of Council operators.

9. The existence of products in premises or installations appearing in the relations of the Council operators are the necessary documentation to protect their origin, or the existence in such premises or documentation facilities. to establish stocks of products covered by this Regulation without the counterpart of these products, provided that the differences between the actual and the declared stocks exceed more or less than 1 per 100 of those products.

10. To distort or omit the data and evidence provided for in Articles 17 and 18, provided that they are decisive for the respective relations.

11. The issue, movement or placing on the market of protected products devoid of labels or counter-labels numbered or lacking the means of control established by the Council.

12. The handling, transfer or disposal in any form of merchandise cautiously intervened by the Council.

13. The non-payment of the levies referred to in Article 20 (3) of this Regulation by the taxable persons.

14. In general, any act that contravene the provisions of this Regulation or its supplementary provisions and the Council's agreements and which harms or disposes the names of the protected names or assumes an improper use thereof.

2. Such infringements shall be punishable by fines of 20 000 pesetas at twice the value of the goods or products concerned, when the goods or products concerned exceed that quantity, and with their confiscation.

Article 34.

Irregularities and infringements committed by persons not subject to the control of the Council are:

(a) The use in other agricultural and food products of names, marks, expressions and signs which, because of their phonetic or graphic similarity with the protected ones, may be induced to be confused with those which are the subject of this Regulation, even if they are preceded by the expressions "type", "style", "taste" or similar.

(b) Use unduly the names that are the subject of this Regulation or use them in labels or propaganda of other products, even if they are preceded by the expressions in the previous paragraph.

c) Any action that causes injury or disrepute to protected names or stores to cause confusion in the consumer.

2. Such infringements shall be punishable by a fine of 20 000 pesetas at twice the value of the goods, when the value exceeds that quantity, and with their confiscation.

Article 35.

1. For the application of the penalties provided for in the preceding Articles, the following rules shall be taken into account:

1.o They will be applied to their minimum degree:

(a) In the case of simple irregularities in the enforcement of regulations, their direct relevance to consumers or which do not constitute a special benefit for the infringer.

(b) In the case of simple inaccuracies or omissions of data and evidence in the declarations provided for in Articles 17 and 18 which are not decisive for the respective relations.

(c) Where defects are remedied within the time limit set for that purpose by the Council.

d) When it is proven that there has been no bad faith.

2.o They will be applied to their average degree:

(a) When repeated in the refusal to provide information, to provide collaboration or to allow access to the documentation required by this Regulation or by the Council agreements.

(b) Where the infringement is of direct relevance to the consumer or a special benefit to the offender.

(c) Where defects are not remedied within the time limit set by the Council.

(d) Where the infringement is caused by negligent action, with a failure to comply with the rules of action expressly agreed by the Council.

e) In all cases where the application of minimum and maximum degrees does not apply.

3.o They will be applied to their maximum degree:

a) When proven bad faith.

(b) Where the infringement is serious for the names protected in this Regulation, the operators subject to the control system provided for in the Regulation or for the consumer.

(c) Where there has been obstruction of the investigation of the infringement.

2. Shall be considered as acts of obstruction:

(a) The refusal or resistance to supply the data, to provide the information or to allow access to the documentation required by the Council or its authorised agents in order to comply with the information actions; surveillance, investigation, inspection, processing and enforcement, in the matters referred to in this Regulation, or undue delay in providing such data, information or documentation.

(b) The refusal of the entry or stay of the authorised agents of the Council on farms, warehouses or facilities declared in the relations of operators.

c) Resistance, coercion, threat, retaliation or any other form of pressure on authorized agents of the Council, as well as the attempt to exercise such acts.

Article 36.

1. In cases of manifest or prolonged infringement, as provided for in Articles 9 (9), (b) and 10.3 (b) of Regulation (EEC) No 2092/1991, the temporary suspension of the use of the labels authorised by the Council and of the Council may be applied to the infringer. the names covered by this Regulation or the fall in the relations of operators of the Council.

The temporary suspension of the use of the labels authorised by the Council and of the names covered by this Regulation shall not exceed three months and shall entail the suspension of the right to the other Council documents during that time.

The decline in the relations of the Council's operators will result in the loss of the rights inherent in them and their duration will be graduated according to the seriousness of the infringement.

2. Furthermore, in cases where the infringement concerns the misuse of the names covered by this Regulation and does not imply a false indication of provenance, the Council, without prejudice to the relevant administrative action and sanctions, be able to go to the courts and exercise the civil and criminal actions recognised in the legislation on industrial property.

Article 37.

The forfeiture of the goods may be applied as a single or ancillary sanction, if any, or the payment of the amount of their value in the event that the seizure is not feasible.

The decision on the definitive confiscation of products or destinations from these will be the responsibility of the person who has the power to resolve the file.

Article 38.

In case of recidivism, the fines will be higher by 50 per 100 to the maximum indicated in this Regulation and can be agreed by the Ministry of Agriculture and Livestock, for example, the publication in the " Bulletin Officer of Castilla y León " of the imposed sanctions.

In the event that the reincident committed a new offence, the fines may be raised to three times the maximum.

There is a recidivism when the infringer has been sanctioned by a firm resolution for an infringement of the provisions of this Regulation during the previous five years.

Article 39.

1. The inspection records shall be lifted in triplicate and shall be signed by the inspector or keeper and the owner or representative of the farm, establishment, installation or warehouse, or in charge of the custody of the goods, in which the copy of the minutes. Both signatories may indicate in the minutes how much data and manifestations they deem appropriate for the estimation of the facts that are recorded in the act, as well as how many incidents occur in the act of inspection or the lifting of the act. The circumstances which the holder of the document shall state in the minutes shall be deemed to have been proven, unless the other party has proved otherwise. If the person concerned in the inspection refuses to sign the minutes, the person shall record the evidence, seeking the signature of any agent of the authority or witnesses.

2. If it is deemed appropriate by the keeper or by the owner or representative of the goods, samples shall be taken of the product which is the subject of the inspection. Each sample shall be taken at least in triplicate and in sufficient quantity for the examination and analysis of the sample, and shall be sealed and labelled, one being the power of the owner or his representative.

3. Where the holder who lifts the minutes considers it necessary, he may arrange for the goods to be retained, until the relevant person has the relevant information, for the maximum period of 45 working days from the date of of the inspection report.

Retained goods shall be considered as goods in deposit, not being transferred, handled, offered for sale or sold.

In case it is deemed appropriate, they may be sealed.

Article 40.

As a precautionary measure, the Council shall carry out the actions provided for in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991.

Article 41.

The opening of the sanctioning files shall be:

(a) To the Council where the infringer is a natural or legal person subject to the control regime.

(b) to the Directorate-General for Agricultural Industries and Rural Development where such natural or legal person is not subject to the control regime of the Council and has its registered office in the territory of the Autonomous Community of Castile and Leon.

(c) and to the General Administration of the State where it is not subject to the control of the Council and has its registered office outside the Autonomous Community. In this case it will also be up to you to resolve it.

However, the complaints will be communicated to the Ministry of Agriculture and Livestock, which will give its timely transfer to the competent authority.

Article 42.

1. The resolution of the sanctioning files initiated by the Council shall be the same when the penalty to be imposed does not exceed 200,000 pesetas; in such cases neither the instructor nor the secretary may belong to the Council.

If the fine of this amount were exceeded, the proposal for a resolution to the Ministry of Agriculture and Livestock would be raised. Both in this case and in the case of the opening by the Directorate General of Agrarian Industries and Rural Development, will be for its resolution to the provisions of Decree 271/1994 already mentioned.

2. For the purposes of determining the jurisdiction referred to in the preceding paragraph, the value of the confiscation shall be added to that of the fine.

Article 43.

For infringements in packaged products, the name of the firm or the social name on the label shall be responsible; for those which have been committed in bulk products, the holder of the goods, and those resulting from the transport of goods the persons who determine in this respect the current Code of Commerce and supplementary provisions.

Article 44.

1. In all cases where the decision of the file is punishable, the infringer must pay the costs incurred for the sampling and analysis of samples or for the recognition that would have been carried out and other expenses incurred by the processing and Resolution of the file.

2. The fines shall be paid within 15 working days of their notification, as well as

expenses referred to in the previous section. If the time limit is not set, it shall be charged on the basis of the award.

3. The infringements of this Regulation are prescribed for the five years of the Commission, and all the documents which are determined in the same way in respect of the products to which it relates must be retained during that period.