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Order Of February 20, 1997 By The Order 3628/1996, Of 20 May, Approving The Organic Farming Committee Of The Community Of Madrid Is Created And Its Functions And Composition Are Governed Ratified.

Original Language Title: Orden de 20 de febrero de 1997 por la que se ratifica la Orden 3628/1996, de 20 de mayo, por la que se crea el Comité de Agricultura Ecológica de la Comunidad de Madrid y se regulan sus funciones y composición.

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TEXT

Approved Order 3628/1996 of 20 May by the Ministry of Economy and Employment of the Community of Madrid, establishing the Ecological Agriculture Committee of the Community of Madrid and regulating its functions and composition.

According to Royal Decree 3297/1983 of 2 November, the transfer of functions and services of the State Administration to the Community of Madrid in matters of Agriculture, and the first article of Royal Decree 1852/1993, of 22 October on organic production of agricultural products and indications on agricultural products and foodstuffs.

Whereas the Order 3628/1996 of 20 May establishing the Ecological Agriculture Committee of the Community of Madrid and regulating its functions and composition, approved by the Community of Madrid, is in line with the Under Regulation (EEC) No 2092/91 of 24 June on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, it is for this Ministry to know and ratify the Decrees for its defence in the national and international level.

In its virtue, I have:

Article 1.

The text of Order 3628/1996 of 20 May, approved by the Community of Madrid, establishing the Committee for Ecological Agriculture of the Community of Madrid and regulating its functions and composition, is hereby ratified. Annex to this provision, which the Ministry of Agriculture, Fisheries and Food 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, 20 February 1997.

DE PALACIO DEL VALLE-LERSUNDI

Ilmo. Mr Secretary-General for Agriculture and Food and the Director-General for Food Policy and Agricultural and Food Industries.

ANNEX TO CITE

Order 3628/1996, of 20 May, of the Department of Economic and Employment, establishing the Committee of Ecological Agriculture of the Community of Madrid and regulating its functions and composition

Regulation (EEC) No 2092/91 of the Council of 24 June on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and Commission Regulation (EEC) No 2608/93 of 23 September 2000 on the amending Annexes I, II and III to the previous Regulation and Regulation (EC) No 1935/95 of the Council of 22 June amending Regulation (EEC) No 2092/91 laying down a series of rules for the presentation, labelling, production, production, control and import of third countries of products from of organic farming.

The regulation cited provides for the control to be carried out by the competent authority, in accordance with Article 5 of the Royal Decree-Decree 1852/1993 of 22 October 1993, to the Autonomous Communities In addition, the Royal Decree allows the rules issued by the Autonomous Communities on Ecological Agriculture to be ratified by the Ministry of Agriculture, Fisheries and Food for the purposes of their defence in the field. national and international.

For the above, having regard to the Statute of Autonomy of the Community of Madrid, once heard the Agricultural Professional Organizations, the Union of Cooperatives of Madrid, the Associations of Ecological Agriculture and the Associations of Consumers of Ecological Products, and in the use of the faculties I have attributed, I have.

Single item.

The Ecological Agriculture Committee of the Community of Madrid is hereby established and the Regulation governing its functions and composition is approved, which is published as a single annex to this Order.

Transitional disposition.

Until the establishment of the Ecological Agriculture Committee of the Community of Madrid, the functions of control and inspection will be assumed by the Directorate General of Agriculture and Food.

Final disposition.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the Community of Madrid.

ANNEX

Rules of Procedure and Composition of the Ecological Agriculture Committee of the Community of Madrid

Article 1. Scope of application.

The provisions contained in this Order are intended to regulate in the field of the Community of Madrid:

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

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

Article 2. Protected indications.

2.1 As referred to in Article 1 (1) of Regulation (EEC) No 2092/91, products which may bear indications referring to the method of organic production of agricultural products on the labelling, advertising or marketing Commercial products, are as follows:

(a) unprocessed agricultural products, as well as non-processed animal and animal products, in so far as, in the latter two cases, the principles of production and the corresponding specific rules of control is in accordance with the provisions of Annexes I and III to Regulation (EEC) No 2092/91 and, failing that, to the rules to be laid down.

(b) Products intended for human consumption, consisting of one or more ingredients of plant origin, as well as products intended for human consumption containing ingredients of animal origin, provided that, in the latter case, the animal production provisions referred to in the previous paragraph have been made.

2.2 In accordance with Article 2 of Regulation (EEC) No 2092/91, a product shall be deemed to bear the indications referring to the organic production method when on the labelling, in advertising or in the Commercial documents, the product or its ingredients are identified with the term "ecological". The words 'Obtained without the use of synthetic chemicals', 'biological', 'organic', 'biodynamic' and their respective compound names, as well as the 'eco' and/or 'bio' prefixes accompanied by the name of the product, may also be used. product, its ingredients or its trademark.

2.3 The use in other agricultural products or foodstuffs of designations, marks, expressions and signs which, by virtue of their similarities with those set out in the preceding paragraphs, may lead to confusion is prohibited. are accompanied by expressions such as "type", "style", "taste" and other analogous.

Article 3. Production and processing standards.

All operators who wish to use any of the indications referred to in Article 2 of this Order shall have to produce and/or make their products in accordance with the production rules laid down in the Articles 6 and 7 of Council Regulation (EEC) No 2092/91 of 24 June and other supplementary provisions relating to the same subject matter.

Article 4. Competent authority.

It is for the Community of Madrid, through the Directorate-General for Agriculture and Food of the Ministry of Economy and Employment, to defend the protected and regulated indications by means of this Order, in the territory of Madrid and in the field of its competence, the functions of competent authority [in accordance with the provisions of Council Regulation (EEC) 2092/91 of 24 June].

Article 5. Committee of Ecological Agriculture of the Community of Madrid.

5.1 The Committee on Ecological Agriculture of the Community of Madrid is hereby set up as an unconcentrated organ of the Community of Madrid, with decision-making powers in respect of which tasks are entrusted to it in this Regulation. Organic Farming.

5.2 Its area of competence in the territorial area covers the whole of the Community of Madrid.

Article 6. Functions of the Committee of Ecological Agriculture of the Community of Madrid.

6.1 The Committee for Ecological Agriculture of the Community of Madrid shall be responsible for implementing, in the field of its powers, the control system set out in Articles 8 and 9 and Annex III to Regulation (EEC) No 2092/91 of the Council of 24 June, to which the operators are subject.

6.2 In addition, the Committee will have the following functions:

(a) Develop the Rules of Procedure and propose, for approval, to the Directorate-General for Agriculture and Food.

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

(c) Resolving on conformity or non-compliance with the control regime of organic agri-food product operators, subject to the binding report of the Qualifying Committee.

d) Formulate proposals and guidelines for organic farming, through reports to the Directorate-General for Agriculture and Food.

e) Propose the own logo to be identified for organic agricultural products, which will have to be approved by the Directorate General of Agriculture and Food.

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

g) Approve the annual budget and memory proposals, and raise them to the Economic and Employment Department for ratification. The report shall be submitted by 31 March of the following year.

(h) To issue to the Directorate-General for Agriculture and Food, before 31 January each year, the list of operators which were subject to control on 31 December of the previous year.

i) Adopt, after binding report of the Qualification Committee, the measures provided for in Articles 9.9 and 10.3 of Council Regulation (EEC) 2092/91 of 24 June, in the event of the discovery of an irregularity or infringement.

j) Adopt the appropriate arrangements in relation to the Committee's appearance before the public and private bodies.

k) All other functions that can be attributed to you by the Ministry of Economy and Employment.

Article 7. Composition, choice and renewal of the Community Ecological Agriculture Committee of Madrid.

7.1 The Ecological Agriculture Committee of the Community of Madrid will be constituted as follows:

(a) Three vowels representing the holders of the production holdings.

b) Two vowels representing the holders of the working companies.

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

d) Two vocal officials from the Directorate-General for Agriculture and Food.

e) A vocal representative of the Ecological Agriculture Associations.

f) A vocal representative of the Agricultural Professional Organizations.

g) A vowel representing the Consumer Organizations of Ecological Products.

(h) A President appointed by the Directorate-General for Agriculture and Food.

7.2 The vocal representatives of the production, the working companies and the importing companies will be democratically elected, in each subsector, by those who are subject to the control system of the Committee and between them. In the case of companies, they must be managers of the companies. However, the same natural or legal person may not have a double representation on the Committee, either directly or through a subsidiary or a partner of the same.

7.3 The vowels will be renewed every four years, and can be re-elected. The electoral system and the election procedure shall be established by the Rules of Procedure.

7.4 The vowels elected as directors of directors to a firm subject to the control of the Committee shall cease to be directors of the said firm, even if they continue to be linked to the sector for having moved to another company, proceeding to designate its replacement in the form established.

7.5 Caused the Vocal which, during the period of its term of office, is sanctioned for serious infringement in the matters governed by this Regulation, either personally or the entity to which it belongs. Similarly, it will cause absence of unjustified absence for three consecutive sessions or six alternate sessions, or for causing low in its activity as an ecological operator.

Article 8. Sessions of the Committee on Ecological Agriculture.

8.1 The Ecological Agriculture Committee convened by its President, or the persons in which it delegates, shall meet in ordinary session with the periodicity that its members establish and, in any case, at least once a quarter.

8.2 The Ecological Agriculture Committee shall meet in extraordinary session when convened for this purpose by the President or at least one third of its members.

8.3 The system of operation of the sessions and the taking of agreements will be established in the Rules of Procedure.

8.4 In no case will the voting delegation be admitted.

Article 9. Duties, duration of the mandate, delegation and cessation of the President.

9.1 To The President:

(a) Represent the Ecological Agriculture Committee, may delegate this representation to one or more members of the Committee, expressly, in the cases necessary and in the terms and circumstances established in the Rules of procedure.

b) The chair and address of the Committee's discussions.

(c) The management of payments, to be made with the joint signature of the President and at least other members of the Committee.

(d) Convening and chairing Committee meetings.

e) Run the adopted agreements.

f) Contreating, suspending or renewing staff, subject to agreement in session of the Committee.

g) To issue to the Directorate-General for Agriculture and Food those agreements which the Committee, in general compliance, agrees with, in accordance with the powers conferred upon it by this Regulation and those which it considers important must be known to the same.

(h) Those other functions which the Committee agrees or which is entrusted to it by the Economic and Employment Department of the Community of Madrid.

9.2 The term of office of the President will be four years, and may be reappointed by the Directorate General of Agriculture and Food.

9.3 The President will cease:

a) Upon expiration of their mandate.

b) On his own request, once he has accepted his resignation.

c) By decision of the Directorate-General for Agriculture and Food.

Article 10. Means for the fulfilment of the purposes of the Ecological Agriculture Committee.

The Ecological Agriculture Committee will have:

(a) With the necessary staff, and among them with the Technical Director, in accordance with the templates, previously approved by the Committee, and which shall be provided in the own budget.

b) With the Qualifying Committee.

Article 11. Qualifying Committee.

11.1 The Qualification Committee shall consist of the following persons of recognised technical capacity and independence:

The two vowels appointed by the Directorate-General for Agriculture and Food.

The Technical Director.

11.2 The Qualification Committee shall report on the nature and quality of the production, production and marketing of the products listed in Article 1 (a) and (b) of Council Regulation (EEC) No 2092/91, June 24.

11.3 Your agreements will be taken by a majority.

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

The report will be submitted to the Ecological Agriculture Committee for a resolution.

11.5 The operation of the Qualifying Committee will be governed by the Rules of Procedure of the Committee of Ecological Agriculture of the Community of Madrid.

Article 12. Technical Director.

The Technical Director will have to prove sufficient knowledge in organic farming.

12.1 The Technical Director will be responsible for the following functions:

(a) Coordination of the inspection and advisory services of the Ecological Agriculture Committee, following the general guidelines which, for this purpose, are established by the Committee and the Directorate-General for Agriculture and Power.

b) The management of the administrative staff assigned to the Ecological Agriculture Committee.

c) The economic management of the Ecological Agriculture Committee.

d) The preparation of the preliminary draft budget and the Annual Report for presentation to the Committee on Ecological Agriculture.

e) Report to the Committee on Ecological Agriculture on the steps taken, as well as participate in its sessions with voice but no vote.

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

g) All others that can be entrusted to you by the Ecological Agriculture Committee or the General Directorate of Agriculture and Food.

12.2 The Technical Director shall be appointed by the Director General of Agriculture and Food.

Article 13. Inspection services.

The Ecological Agriculture Committee will have the necessary inspectors for the practice of the control system. These inspectors will have to be authorised by the Directorate-General for Agriculture and Food.

Article 14. Obligations of the operators.

Any operator who produces, produces or imports from a third country some of the products referred to in Article 1 of Regulation (EEC) No 2092/91, with a view to placing it on the market, shall:

(a) Notify that activity to the competent authority; the notification shall include the data specified in Annex IV to Regulation (EEC) 2092/91.

b) Submit your company to the control of the Committee of Ecological Agriculture of the Community of Madrid.

Article 15. Financing.

The financing of the Ecological Agriculture Committee of the Community of Madrid will be made with the following resources:

(a) The amounts contributed by the operators who submit their company to the control system.

b) The grants, legacies and donations received by the Ecological Agriculture Committee.

(c) The amounts that you may receive in compensation for damages caused to the Committee on Ecological Agriculture or to the interest it represents.

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

e) Those others that for any title correspond to you.

Article 16. Infringements, sanctions and procedure.

16.1 The infractions and sanctions regime will be the one established in Regulation (EEC) 2092/91, without prejudice to the provisions of Law 25/1970 of 2 December, and its Regulation, approved by Decree 835/1972 of 23 March.

16.2 Regarding the sanctioning procedure, it will be established in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in the Royal Decree 1398/1993 of 4 August, which approves the Regulation for the exercise of the power of sanction, without prejudice to the prevalent application of the sanctioning procedure which, if appropriate, could establish.

16.3 Against the resolutions adopted by the Committee on Organic Agriculture of the goat, which may be presented to the General Directorate of Agriculture and Food.