Approved by Decree Foral 287/1995 of 4 September 1995 regulating in Navarra the organic production and processing and marketing of organic farming and establishing its control authority, modified by correction of errors of February 12, 1996 and Rectification of Error Correction of February 26, 1996.

According to Royal Decree 2654/1985, of 18 December, of the transfer of functions and services of the State Administration to the Community of Navarre, in the field of agriculture, livestock and mountains and the first article of the Royal Decree 1852/1993 of 22 October 1993 on organic production of agricultural products.

Whereas Decree 287/1995 of 4 September 1995 on organic farming, approved by the Autonomous Community of Navarra, complies with the provisions of Regulation (EEC) No 2092/1991 of 24 June 1991 on production It is up to this Ministry to know and ratify the precise Decree, for the purposes of its defense at national and international level.

In its virtue, I have:

Article 1.

The text of the Decree Foral 287/1995 of 4 September 1995, which regulates the production and marketing of organic agricultural production in Navarre and establishes its control authority, as amended by correction of 12 February 1996 and the correction of the correction of errors of 26 February 1996, which is annexed to this provision which the Ministry of Agriculture, Fisheries and Food assumes for the purposes of its promotion and defence in the 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 State Gazette".

Madrid, 3 April 1996.

SERNA AGENT

Ilmos. Mr General Secretary for Food and Director-General for Food Policy.

ANNEX

Decree Foral 287/1995, of 4 September, which regulates in Navarra organic production and its production and marketing, and establishes the authorization of control

Organic agricultural production is a differentiated method of food production of growing demand in Navarre, which is convenient to ensure transparency at all stages, both in the production and in the of the production and marketing.

Regulation (EEC) No 2092/1991 of the Council of 24 June on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs regulates the matter in the European Union, laying down a series of rules for the production, production, presentation, labelling, control and import of third countries of products from organic farming and livestock farming.

The control of organic agricultural production must be carried out in accordance with Regulation (EEC) No 2092/1991 by the supervisory authorities to be designated by the Member States in the case of Spain by the competent bodies of the Communities. Autonomous, as expressly acknowledged in Article 5 of Royal Decree 1852/1993 of 22 October 1993 on organic production of agricultural products and their indication in agricultural products and foodstuffs.

The competent authority should therefore be established and the supervisory authority should be set up and structured within the area of the Community of Navarra, as well as highlighting aspects of Regulation (EEC) No 2092/1991. for their best knowledge from operators and consumers.

In its virtue, on the proposal of the Minister of Agriculture, Livestock and Rural Promotion, and in accordance with the Agreement adopted by the Government of Navarre in session held on 4 September 1995, I decree:

Article 1. Scope of application.

The present Decree Foral aims to regulate, in the area of Navarra, of:

(a) The production, processing and marketing of the products listed in Article 1 (a) and (b) of Regulation (EEC) No 2092/1991 of the Council of 24 June on organic production of agricultural products and their indication of agricultural products and foodstuffs, which are as follows:

Non-processed 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 control rules comply with the provisions of Annexes I and III to Regulation (EEC) No 2092/1991 and, failing that, to the rules to be laid down.

Products intended for human consumption consisting essentially 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 indent have been made.

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

Article 2. Protected indications.

1. A product shall be understood to bear indications referring to the organic production method where, on the labelling, advertising, commercial documents or indicative posters, the product or its ingredients is identified with the words 'organic', 'obtained without the use of synthetic chemical', 'biological', 'organic', 'biodynamic', and their respective compound names, as well as 'eco' and 'bio' words, whether or not accompanied by the name of the product, its ingredients or its mark commercial.

Also, when in general they bear any indication or qualification that allows the consumer to understand that the product or its ingredients have been obtained, in accordance with the production standards listed in Articles 6 and 7 and in Annexes I, II, III and IV to Regulation (EEC) No 2092/1991 and in all provisions supplementing or implementing it.

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

3. The use of the information referred to in paragraph 1 of this Article shall be carried out in accordance with Article 5 of Regulation (EEC) No 2092/1991.

Article 3. Production and processing standards.

Operators using any of the indications referred to in Article 2.1 of this Foral Decree shall produce or produce their products in accordance with the production rules laid down in Articles 6 and 7 of the Regulation (EEC) No 2091/1991 as well as the other supplementary provisions relating to the same subject matter.

Article 4. Competent authority.

The Government of Navarra, in the field of its competences, will exercise through the Department of Agriculture, Livestock and Rural Promotion, in the territory of Navarra, the functions of competent authority to which the Articles 8 and 9 of Regulation (EEC) No 2092/1991.

Article 5. Council of the Ecological Agricultural Production of Navarre.

The Council of the Ecological Agrarian Production of Navarra (CPAEN) -Nafarroako Nekazal Produkzio Ekologikoaren Kontzejua-(NNPEK) is hereby established as a deconcentrated organ of the Department of Agriculture, Livestock and Rural Promotion, for exercise the functions of the sole control authority in the territory of Navarre.

Article 6. Obligations of the operators.

Any operator who produces, produces or imports from a third country any product referred to in Article 1 of Regulation (EEC) No 2092/1991, 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) No 2092/1991.

b) Submit your company to the control of the Council of Organic Agrarian Production of Navarra.

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

1. The Council of the Organic Agricultural Production of Navarre shall be responsible for applying the control system laid down in Articles 8 and 9 and Annex III to Regulation (EEC) No 2092/1991 in the field of its powers.

2. In addition, the Council will have the following functions:

(a) Develop the Council's internal rules of procedure and raise it to the Department of Agriculture, Livestock and Rural Promotion for approval.

b) Apply the provisions of this Foral Decree and the Rules of Procedure, and ensure that they are complied with.

c) Give technical support for the preparation of studies and the execution of projects for the production of agricultural holdings and agro-food companies that wish to start production or production of products according to the system of organic farming, as well as plans for improvement and optimization of production processes.

d) To disseminate knowledge and the application of organic production systems, giving technical advice to companies that perform organic production or who want to start this activity in the terms established in This Decree, and supporting the activities of the associations promoting organic farming.

e) To formulate proposals and guidelines for organic agricultural production, through reports to the Department of Agriculture, Livestock and Rural Promotion.

f) Propose the own logo to be identified for organic agricultural products, which will have to be approved by the Department of Agriculture, Livestock and Rural Promotion.

g) Propose modifications and/or additions to the General Booklet of Production and Production Standards.

h) Set the conversion period for those operators who initiate organic production in the terms set out in this Decree.

i) Promoting the consumption and diffusion of organic agro-food products.

j) Velar for the correct use of the identification indications, with special attention to the end points of sale.

(k) Promote and care for the forms of sale that best communicate to the consumer and society in general the environmental work of farmers and farmers holding production holdings under the control system.

l) Support the partnership between operators and the establishment of own marketing channels, and in particular direct sales.

m) Approve the budget and annual memory proposals, and propose them to the Department of Agriculture, Livestock and Rural Promotion for ratification. The memory shall be submitted by 31 March of the following year.

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

or) Adopt, after reporting by the Qualifying Committee, the measures provided for in Articles 9.9 and 10.3 of Regulation (EEC) No 2092/1991, in the event of any irregularity or infringement.

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

g) All other functions that can be attributed to you by the Department of Agriculture, Livestock and Rural Promotion.

Article 8. Composition of the Council of Ecological Agrarian Production of Navarra.

1. In the Council of the Organic Agricultural Production of Navarre, operators of companies producing, producing and importing organic products subject to the control of the Council, as well as associations of producers, will be represented. consumers.

2. The Council shall consist of:

a) The President.

b) Three vowels representing the holders of production holdings.

c) Two vowels representing the holders of working companies.

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

e) A representative of consumer associations.

f) A representative of the Department of Agriculture, Livestock and Rural Promotion, who will act as Secretary.

g) A representative of the Department of the Environment, Spatial Planning and Housing.

h) A representative of the Technical and Agricultural Management Institute and another representative of the Technical and Vaccine Management Institute, both with special knowledge in organic agricultural production.

i) The Technical Director.

3. Members representing production, processing companies and importing companies shall be democratically elected in each sub-sector for which they are subject to the control system of the Council and between them. In the case of companies, they must be managers of the companies. However, a natural or legal person may not have a double representation in the Council, either directly or through subsidiary firms or partners thereof.

The vowels chosen for membership as managers of a firm subject to the control of the Council will cease to be directors of the company, even if they are linked to the sector for having passed to another company They shall be appointed to their replacement in the form established.

The procedure for electing the representative of the consumer associations will be established on a proposal of the Council by the Counsellor of Agriculture, Livestock and Rural Promotion.

4. The vowels will be renewed every four years, and can be re-elected. The electoral system and the procedure of election shall be established by the rules of procedure of the internal rules, in which the election of the President shall also be regulated.

5. The members referred to in points (f) and (g) in paragraph 2 of this Article shall be appointed by the Minister for Agriculture, Livestock and Rural Promotion.

6. The President of the Council shall be appointed by the Minister of Agriculture, Livestock and Rural Promotion on the proposal of the vocal representatives of the production, the working companies and the importing companies.

7. The Board of Directors and the Technical Director shall be the Executive Board of the Council.

8. The Council will have administrative, inspection and advisory services.

Article 9. Council meetings.

1. The Council, convened by the President or the person in which it delegates, shall meet in ordinary session with the frequency of its members to establish and, in any event, at least once a quarter.

2. The Council shall meet in extraordinary session when convened for this purpose by the President of the Council or at least one third of its members.

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

4. In no case shall the voting delegation be admitted.

5. The Secretary shall transmit the minutes of the sessions to the Department of Agriculture, Livestock and Rural Promotion.

Article 10. President of the Council.

1. These are the functions of the President of the Council:

a) The representation of the Council.

b) The presidency and direction of the Council debates.

c) Convening and chairing Council meetings.

d) All those that can be entrusted to you.

2. The President of the Council may delegate his duties to one or more members of the Council, in the terms and conditions laid down in the Rules of Procedure.

Article 11. Qualifying Committee.

1. The Qualification Committee, which shall adopt the agreements unanimously, shall consist of:

The Secretary of the Council, who will act as Chairman of the Committee.

A technician with special knowledge in organic agricultural production, designated by the Department of Agriculture, Livestock and Rural Promotion.

The Technical Director of the Board.

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 Regulation (EEC) No 2092/1991.

3. The Committee shall issue a report on conformity or non-conformity with the control system for operators of organic products. This report, which will be pre-and binding, will also be issued before any sanctions are imposed on operators.

The report will be submitted to the Council for a resolution. An ordinary appeal may be brought against the Council resolution before the Minister for Agriculture, Livestock and Rural Promotion.

4. The functioning of the Qualification Committee shall be governed by the Council's Rules of Procedure.

Article 12. The Technical Director.

1. The position of the Technical Director of the Council shall be in person to give evidence of sufficient knowledge of organic farming production. He will be appointed by the Minister for Agriculture, Livestock and Rural Promotion on a proposal from the Council.

2. The following shall be the functions of the Technical Director:

(a) The coordination of the inspection and advisory services of the Council, following the general guidelines that are established by the Council or by the Department of Agriculture, Livestock and Rural Promotion.

(b) The management of the administrative staff assigned to the Council.

c) The economic management of the Council, drawing up the preliminary draft budgets and the annual report.

d) Participate in Council meetings.

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

(f) Permanent communication with the bodies and companies responsible for plant protection treatments, mainly those of an air type, for the avoidance of such treatments on farms and registered areas and their immediate vicinity.

g) Inspection of organic amendment and fertilizer production companies that wish to see their products recommended for specific use in organic farming.

(h) All others that can be entrusted to you by the Council or the Department of Agriculture, Livestock and Rural Promotion.

Article 13. Inspector staff.

The Council must have the inspectors necessary for the practice of the control system set out in this Decree. These inspectors will be hired on a proposal from the Secretary and will have to be enabled by the Department of Agriculture, Livestock and Rural Promotion.

Article 14. Counselling services.

1. The Council shall have the technical services necessary for the preparation and implementation of projects for the production of productive reconversion of undertakings wishing to initiate organic production and in general to advise and disseminate knowledge and the application of the organic production systems.

It will also establish relations with the entities that proceed to promote exchanges, joint programs, collaborations, in order to develop technical aspects to improve ecological agricultural practices.

2. The advisory services will also be responsible for the training of the operators, organising courses and studies which seek to develop organic farming.

3. The advisory services shall provide technical support to the Council for the performance of their duties and shall act independently of the surveillance and inspection services.

Article 15. Financing.

Council funding 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 you receive.

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

(d) Goods which constitute their assets and the products or income thereof.

e) Those other than for any title correspond to it.

Article 16. Infringements, sanctions and procedure.

1. The infringements and penalties shall be as laid down in Articles 9 (9) and 10 (3) of Regulation (EEC) No 2092/1991, without prejudice to the provisions of Law 25/1970 of 2 December of 2 December, and the Regulation adopted by Decree 835/1972 of 23 March.

2. As for the sanctioning procedure, it will be established in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in Royal Decree 1398/1993, of 4 August, which approves the Regulation for the exercise of sanctioning powers, without prejudice to the prevalent application of the sanctioning procedure which, if necessary, could be established by the Government of Navarra.

3. The decision of the files opened by the Council shall correspond to the Council itself, taking into account that neither the instructor nor the secretary of the file may be members of the file. Against this resolution will be an ordinary appeal, which can be presented to the Minister of Agriculture, Livestock and Rural Promotion.

Transitional disposition.

Those enrolled in the current Regulatory Council for Ecological Agriculture on the date of promulgation of this Foral Decree, will propose to the Minister of Agriculture, Livestock and Rural Promotion the appointment of a provisional Council whose role will be to draw up the Council's rules of procedure and to hold elections within three months of the publication of this Decree.

Final provisions.

First. -The Minister of Agriculture, Livestock and Rural Promotion is empowered to dictate the precise provisions for the development and application of this Decree in the field of its competences.

Second. -This Decree-Foral will enter into force on the day following its publication in the "Official Gazette of Navarra".