Approved Decree 28/1994 of 21 January establishing the Catalan Council of Ecological Agricultural Production and regulating its composition and functions;

According to Royal Decree 1383/1978, of 23 June, for which the competences of the State Administration are transferred to the Generality of Catalonia in the field of agriculture and the first article of Royal Decree 1852/1993, 22 October on Organic Agricultural Production and its indication on agricultural products and foodstuffs;

Whereas the rules laid down by the Autonomous Community of Catalonia contained in Decree 28/1994 of 28 January 1994, as amended by Decree 325/1995 of 28 November 1995, are in accordance with the provisions of the Regulation (EEC) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs. It is for the Ministry of Agriculture, Fisheries and Food to know and ratify those rules for the purposes of their defence in the field of agricultural products and foodstuffs. national and international.

In its virtue, I have:

Article 1.

The text of Decree 28/1994 of 21 January of the Generality of Catalonia is ratified, creating the Catalan Council of Ecological Agricultural Production and regulating its composition and functions, which is listed as Annex I to the This provision, with the amendments set out in Decree 325/1995 of 28 November 1995, as Annex II, which the Ministry assumes for the purposes of its promotion and defence at national and international level.

Single end disposition.

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

Madrid, March 15, 1997.

DE PALACIO DEL VALLE-LERSUNDI

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

ANNEX I

Decree 28/1994 of 21 January establishing the Catalan Council of Ecological Agricultural Production and regulating its composition and functions

Council Regulation (EEC) No 2092/91 of 24 June on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs lays down a set of rules for the presentation, labelling, production and marketing of agricultural products. drawing up, monitoring and importing third countries from those from organic farming.

The Regulation provides for the control to be exercised by a competent authority and Royal Decree 1852/1993 of 22 October 1993 recognises the Autonomous Communities ' competence to designate it.

In use of this competence and with the purpose of applying and regulating in the territorial scope of Catalonia and the provisions contained in the Community legislation.

On the proposal of the Minister of Agriculture, Livestock and Fisheries, I decree.

Article 1. Scope of application.

The provisions contained in this Decree are intended to regulate, in the area of Catalonia, of:

(a) The production, processing and marketing of the products listed in Article 1 (a) and (b) of Regulation (EEC) No 2092/91 of the Council of 24 June on organic production of agricultural products and their an indication of agricultural and food products.

(b) The instruments for promoting, promoting and advising on organic farming activities.

Article 2. Protected indications.

2.1 For the purposes of this Decree, it is understood that a product bears indications referring to the organic production method when on its labelling, advertising or commercial documents, this product and/or its ingredients are characterized by:

(a) The words "organic", "biological", "organic", "biodynamic" or their respective compound names.

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

(c) In general, any indication or qualification enabling the consumer to understand that the product and/or its ingredients have been obtained in accordance with the production rules referred to in Articles 6 and 7 and in Annexes 1, 2, 3 and 4 of Council Regulation (EEC) No 2092/91 of 24 June, and in all those provisions which supplement or develop it.

2.2 Only operators producing, producing and/or importing products which comply with the above production standards and which have registered their holdings may use the information referred to in the preceding paragraph. production, processing industries or importing companies from third countries in the records related to Article 15 of this Decree.

2.3 The use of the information referred to in the first paragraph of this Article shall be carried out in accordance with the guidelines laid down in Article 5 of Council Regulation (EEC) 2092/91 of 24 June.

Article 3. Production and processing standards.

Operators using any of the indications referred to in Article 2.1 of this Decree shall produce and/or produce their products in accordance with the production rules laid down in Articles 6 and 7 of this Regulation. Regulation (EEC) No 2092/91 of the Council of 24 June and of all the other supplementary provisions relating to the same subject matter.

Article 4. Competent authority.

The Generality, through the Department of Agriculture, Livestock and Fisheries, shall exercise, in the territory of Catalonia, the functions of competent authority referred to in Articles 8 and 9 of Council Regulation (EEC) 2092/91 of 24 of June.

Article 5. Catalan Council of Ecological Agricultural Production.

5.1 The Catalan Council of Ecological Agrarian Production is created as an unconcentrated organ of the Department of Agriculture, Livestock and Fisheries to exercise the functions of sole control authority in the territory of Catalonia.

5.2 The Catalan Council for Ecological Agrarian Production will be responsible for implementing the control system set out in Article 9 and Annex 3 of Regulation (EEC) No 2092/91, and all of them will be subject to this monitoring. operators producing, producing and/or importing the products referred to in Article 1 (a) and (b) of that Regulation (EEC) 2092/91, of the Council of 24 June, in the territorial area of Catalonia.

Article 6. Composition of the Catalan Council of Ecological Agrarian Production.

6.1 Formarán part of the Catalan Council of Organic Agricultural Production operators of companies producing, processing and/or importing organic products that are duly registered in the registers cited in Article 15 of this Decree.

6.2 The governing bodies of the Catalan Council of Ecological Agricultural Production are the Board of Directors and the President of the Council, who will perform the functions of President of the Board of Directors.

6.3 Executive organs of the Catalan Council of Ecological Agricultural Production are the Qualification Committee and the Technical Director.

Article 7. Functions of the Catalan Council of Ecological Agrarian Production.

The Catalan Council for Ecological Agrarian Production will perform the following functions:

(a) Apply the control system provided for in Article 9 and Annex 3 to Regulation (EEC) No 2092/91, and all operators producing, producing and/or importing the products referred to in Article 9 (1) of Regulation (EEC) No 2092/91 shall be subject to this control. (a) and (b) of Article 1 of Regulation (EEC) No 2092/91 of the Council of 24 June on the territorial scope of Catalonia.

b) Support technically the development of studies and the implementation of projects for the production of agricultural holdings and agri-food enterprises wishing to initiate production or production of products according to the system of organic farming.

c) To disseminate knowledge and the application of organic production systems and to offer technical advice to companies that perform organic production or who want to start this activity.

d) Propose to the Department of Agriculture, Livestock and Fisheries the actions on organic agricultural production.

e) To prepare the draft of the Catalan Council of Organic Agricultural Production that must be approved and published by the Department of Agriculture, Livestock and Fisheries.

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

g) Carry and keep updated the records of operators provided for in Article 15 of this Decree.

h) Propose the own logo that will have to identify organic agricultural products, which must be approved by the Department of Agriculture, Livestock and Fisheries.

i) All other functions attributed to it by the Department of Agriculture, Livestock and Fisheries.

Article 8. From the Board of Directors.

8.1 The Governing Board shall be composed of the following members:

(a) Four Vocals representing the holders of production holdings.

b) Three Vocals representing the holders of working companies.

c) A Vocal representing the holders of importing companies from third countries.

d) Three representatives of the Department of Agriculture, Livestock and Fisheries, one of whom will act as the Secretary of the Council.

e) The President of the Council, to be appointed by the Department of Agriculture, Livestock and Fisheries.

8.2 The representatives of the production companies, the working companies and the importing companies will be democratically elected, in each subsector, by those registered in the respective registry and between them. registered.

8.3 The Vocals will be renewed every four years, with the possibility of reelection. The electoral system and the procedure of choice shall be laid down in the Rules of Procedure.

8.4 The appointment of the Board of Directors and the President of the Council will be carried out by the Minister of Agriculture, Livestock and Fisheries.

Article 9. Functions of the Board of Directors.

The Rector Board has the following functions:

a) Propose to the Department of Agriculture, Livestock and Fisheries the Council's Rules of Procedure for approval.

(b) Apply the provisions of this Decree and the Rules of Procedure and the care of their compliance.

c) Take appropriate agreements in relation to the appearance of the Council before public and private bodies.

(d) Approve the annual report of the Council's operation to be submitted by 31 March of each year following the Department of Agriculture, Livestock and Fisheries for ratification.

e) Approve the draft annual budget of the Council presented by the Director, which will be proposed to the Counsellor of Agriculture, Livestock and Fisheries for its ratification.

Article 10. Sessions of the Board of Directors.

10.1 The Governing Board, convened by the President of the Council or the person to whom it delegates, shall meet in ordinary session with the periodicity that its members establish and, in any case, at least twice a year.

10.2 The Governing Board shall meet in extraordinary session when convened by the President of the Council or at least one third of its members.

10.3 The arrangements for the operation of the sessions and the arrangements for the taking of agreements will be laid down in the Rules of Procedure.

10.4 In no case will the voting delegation be admitted.

10.5 The minutes of the minutes of the meetings of the Governing Board shall be sent to the Department of Agriculture, Livestock and Fisheries within four working days of the date of the meeting.

Article 11. President of the Council.

11.1 These are the functions of the President of the Council:

a) The top representation of the Catalan Council of Ecological Agrarian Production.

b) The chair and address of the discussions of the Governing Board.

c) Issue decisive quality vote in case of tie.

d) Call and chair the sessions of the Board of Directors.

(e) Solve on the registration or disqualification in the Council registers of the organic agri-food product operators, subject to the binding report of the Qualifying Committee.

f) All others that can be entrusted to you.

11.2 The President of the Council may delegate his duties to one or more members of the Governing Board, in the terms set out in the Rules of Procedure.

Article 12. Qualifying Committee.

12.1 The Qualification Committee, consisting of two representatives of the Department of Agriculture, Livestock and Fisheries appointed by the Governing Board and the Technical Director of the Council, will advise and report on the nature and the quality of the products produced by the operators registered in the Council's registers and will ensure that the rules in force are complied with.

12.2 In order to achieve the objectives set out in the previous paragraph, the Qualification Committee shall issue a binding report prior to the registration, disqualification or imposition of any sanction on the operators of the organic agri-food products. The report will be submitted to the President of the Council, which will give the appropriate resolution. An ordinary appeal may be brought against that judgment before the Counsellor for Agriculture, Livestock and Fisheries.

12.3 The functioning of the Qualification Committee will be regulated in the Rules of Procedure of the Catalan Council of Ecological Agricultural Production.

Article 13. From the inspection.

The inspection functions will be carried out by the Department of Agriculture, Livestock and Fisheries, which will exercise them through the corresponding services.

Article 14. From the Technical Director of the Council.

14.1 The Technical Director of the Council shall be responsible for the following tasks:

(a) The coordination of the inspection and advice of the Council, following the general guidelines that the Department of Agriculture, Livestock and Fisheries and the Board of Directors will establish.

b) The responsibility of the staff assigned to the Council.

c) The economic management of the Council, drawing up the annual project of operation and the draft budget for presentation to the Governing Board.

d) Participate in the sessions of the Board of Directors, with a voice but without a vote.

e) The ordinary representation of the Council.

f) Velar for the correct compliance with the current regulations for organic agro-food production.

g) The representation of the Generality in the Regulatory Commission for Ecological Agriculture (CRAE), set up in Article 7 of Royal Decree 1852/1993 of 22 October 1993 on Ecological Agricultural Production and its indication in the agricultural and food products.

(h) All others that can be entrusted to you by agreement of the Board of Directors and by indication of the Department of Agriculture, Livestock and Fisheries.

14.2 The Director of the Council shall be appointed by the Minister of Agriculture, Livestock and Fisheries.

Article 15. Register of operators.

15.1 The Catalan Council of Ecological Agrarian Production will be responsible for the following records:

(a) Registration of operators holding agricultural production companies.

(b) Registration of operators holding working industries.

c) Registration of operators holding companies importing third countries.

15.2 The Council will ensure that these records are kept up to date.

Article 16. Financing.

16.1 Council funding will be made with the following resources:

(a) The proceeds of the levies to be fixed in accordance with Law 25/1970 of 2 December, the Staff Regulations of Vina, Wine and Spirits.

b) The grants, legacies and donations received by the Council.

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

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

e) All those other than for any title.

16.2 Corresponding to the Council for the management of the revenue and expenditure contained in its budget.

Single additional disposition.

The violations of this Decree will be sanctioned according to Law 25/1970, of December 2, Statute of the Vina, of Wine and of the Spirits; Law 11/1971, of 30 May, of Seeds and Plants of Vivero, and the Law 1/1990, of January 8, on the Discipline of the Market and the Defense of Consumers and Users.

Single repeal provision.

The Order of 30 March 1990, the creation of the Quality Designation of Organic Agri-Food Products and its provisional Council, is hereby repealed.

Single end disposition.

The Minister of Agriculture, Livestock and Fisheries is empowered to dictate the rules necessary for the development and application of the provisions of this Decree.

ANNEX II

Decree 325/1995 of 28 November, amending Decree 28/1994 of 21 January establishing the Catalan Council for Organic Agricultural

Having regard to Decree 28/1994 of 21 January establishing the Catalan Council of Ecological Agricultural Production and regulating its composition and functions;

View the appropriateness of modifying certain aspects to obtain the corresponding ratification for the purposes of the recognition of the denomination at national and international level.

On the proposal of the Minister of Agriculture, Livestock and Fisheries, and according to the Government, I decree:

Single item.

Decree 28/1994, of 21 January, is amended, creating the Catalan Council of Ecological Agrarian Production and regulating the composition and functions, according to the following:

1. The first paragraph of Article 1 is worded as follows:

"The provisions contained in this Decree are intended to regulate, in the field of the respective competences and for the entire territory of Catalonia, of:"

2. Article 2 (2) is worded as follows:

" 2.2 Only operators producing, developing and/or importing products which comply with the above production standards and which notify their activity/is to the authority may use the information referred to in the above paragraph. The competent authority shall submit its undertaking to the control system provided for in Article 9 of EEC No 2092/91. '

3. The additional provision is worded as follows:

" Additional Disposition. The infringements of this Decree will be sanctioned according to Laws 25/1970, of December 2, of the Statute of the vineyard, the wine and the alcohols, the Laws 11/1971, of 30 May, of the Seeds and Plants of Vivero, and 1/1990, of 8 of January, on the Discipline of the Market and the Defense of Consumers and Users; Royal Decree 1945/1983, in the field of agro-food industries, and the Law of 20 December 1952, of epizootic diseases. "

4. A new paragraph is added to Article 2 with the following wording:

" 2.3 For the purposes of the above paragraph, the authority competent to receive the notification shall be the Generality of Catalonia in relation to the holders of agricultural production undertakings and the holders of The competent authority shall be the General Administration of the State. "The competent authority shall be the General Administration of the State."

5. The current paragraph 2.3 will become paragraph 2.4.

6. Article 5 (1) is worded as follows:

" 5.1 The Catalan Council of Ecological Agrarian Production is created as an unconcentrated organ of the Department of Agriculture, Livestock and Fisheries, under the General Sub-Directorate of Agro-Food Production, to exercise the functions of a single control authority in the territory of Catalonia ".