Approved the Decree Foral 287/1995, of 4 September, which is regulated in Navarra ecological agricultural production and its processing and marketing and sets its supervisory authority, amended by correction of errors of 12 February 1996 and rectification of correction of errors on February 26, 1996.
In accordance with the Royal Decree 2654 / 1985, of 18 December, transfer of functions and services of the Government the Foral community of Navarra, in the field of agriculture and mountains and article 1 of the Royal Decree 1852 / 1993, of 22 October, on organic farming.
Whereas Decree 287/1995, of 4 September, on ecological agriculture, approved by the autonomous community of Navarra, conform to the provisions in Regulation (EEC) 2092 / 1991, 24 June, about organic farming and its indication on agricultural products and foodstuffs, corresponds to this Ministry meet and ratify the aforementioned Decree, for the purposes of his defence at the national and international level.
By virtue, I have: article 1.
It confirms the text of the 287/1995 Foral Decree of 4 September, which is regulated in Navarra ecological agricultural production and its processing and marketing and sets its supervisory authority, modified by 12 February 1996 error correction and rectification of correction of errors on February 26, 1996, which is contained as an annex to this provision to the Ministry of agriculture Fishing and power assumed, for the purposes of promotion and advocacy at the national and international level.
Sole final provision.
Entry into force: this provision shall enter into force the day following its publication in the "Official Gazette".
Madrid, April 3, 1996.
ATIENZA SERNA Ilmos. Mr Secretary general of food and food policy Director general.
Annex Decree Foral 287/1995, of 4 September, is regulated in Navarre the ecological agricultural production and its processing and marketing, and sets the authorization of ecological farming control is a method of food production for growing demand in Navarre, which is suitable to regulate ensuring transparency at all stages, both in production and the processing and marketing.
Regulation (EEC) 2092 / 1991 of the Council of 24 June, on organic farming and its indication on agricultural products and foodstuffs regulates the matter in the European Union, establishing a series of rules for the production, processing, presentation, labelling, control and import from third countries of products from ecological agriculture and animal husbandry.
The control of organic agricultural production should be performed, according to Regulation (EEC) 2092 / 1991, by supervisory authorities appointed by States members, in the case of Spain by the competent bodies of the autonomous communities, as expressly recognized by article 5 of the Royal Decree 1852 / 1993, of 22 October, on organic farming and its indication on agricultural products and foodstuffs.
Appropriate, accordingly, determined by the competent authority and create and structure the supervisory authority on this matter within the scope of the Foral community of Navarra as well as highlight aspects of Regulation (EEC) 2092 / 1991 for their better understanding by operators and consumers.
In his virtue, a proposal from the Minister of agriculture, livestock and Rural promotion, and in accordance with the resolution adopted by the Government of Navarra at meeting on September 4, 1995, Decree: article 1. Scope of application.
This Foral decree aims to adjustment, in the area of Navarra,: a) the production, processing and marketing of products listed in paragraphs a) and b) of article 1 of Regulation (EEC) 2092 / 1991 of the Council of 24 June, about organic farming and its indication on agricultural products and foodstuffs , and are the following: agricultural crop products not processed, as well as animals and animal products not processed, to the extent that, in these last two cases, the principles of production and corresponding specific control standards adapt to the provisions of annexes I and III to Regulation (EEC) 2092 / 1991, and, failing that, the standards established.
Products intended for human consumption composed 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 order have issued provisions on animal production listed in the previous indent.
(b) the instruments of promotion, promotion, control and advice on ecological farming.
Article 2. Protected indications.
1 means that a product has been indications referring to the organic production method when in their labeling, advertising, commercial documents or signs, the product or its ingredients is identified with mentions «ecological», «retrieved without the use of synthetic chemical products», «biological», «organic», «biodynamic», and their respective composite names, as well as the words «eco» and «bio», accompanied or not from the name of the product its ingredients or its trade-mark.
Also, when in general carry any indication or qualification allowing the consumer to understand that the product or its ingredients have been obtained, in accordance with the rules of production enumerated in articles 6 and 7 and annexes I, II, III and IV of Regulation (EEC) 2092 / 1991 and all provisions that complement it or develop.
2 the use, is prohibited in other agricultural products and foodstuffs, of other names, marks, expressions and signs which, by its phonetic or graphic similarity with the appointees may lead to confused with those who are subject to this regulation, even when they are preceded by the expressions «type», «style», «taste» or similar.
3. the use of the indications referred to in paragraph 1 of this article will be made in accordance with article 5 of Regulation (EEC) 2092 / 1991.
Article 3. Production and processing standards.
Operators using any of the indications referred to in article 2.1 of this Foral decree must produce or produce their products in accordance with the rules of production which laid down in articles 6 and 7 of Regulation (EEC) 2091 / 1991, as well as other supplementary provisions refer to the same object that are applicable.
Article 4. Competent authority.
The Government of Navarra, in the field of its competences, shall exercise through the Department of agriculture, livestock and Rural promotion, in the territory of Navarre, the functions of the competent authority referred to in articles 8 and 9 of Regulation (EEC) 2092 / 1991.
Article 5. Council of organic agricultural production of Navarre.
Creates the Council of production agricultural ecological of Navarre (CPAEN) - Nafarroako French Produkzio Ekologikoaren Kontzejua-(NNPEK), as a decentralized body of the Department of agriculture, livestock and Rural promotion, to perform the duties of a single supervisory authority in the territory of Navarre.
Article 6. Obligations of operators.
Any operator who produces, BREW or import from a third country any product from those mentioned in article 1 of Regulation (EEC) 2092 / 1991, with a view to its marketing, must be: to) notify this activity to the competent authority; the notification shall include the information specified in annex IV to Regulation (EEC) 2092 / 1991.
(b) submit your company to the control of the Council of the ecological agricultural production of Navarre.
Article 7. Functions of the Council of the ecological agricultural production of Navarre.
1. the Council of Navarre ecological agrarian production is responsible for applied in the scope of their powers the system of control established in articles 8 and 9 and annex III of Regulation (EEC) 2092 / 1991.
2 in addition, the Board shall have the following functions: to) elaborate the internal regulations of the Council regulation and raise it to the Department of agriculture, livestock and Rural promotion for approval.
(b) the provisions of this Foral Decree and the internal regime regulations, and ensure compliance.
(c) give technical support for the preparation of studies and projects of productive reconversion of farms and agricultural companies wishing to start production or processing of products according to the system of ecological agriculture, as well as plans of improvement and optimization of production processes.
(d) disseminate the knowledge and the application of organic production systems, giving technical advice to companies that make organic products or who want to start this activity in the terms established in this provincial Decree, and supporting the activities of the associations for the promotion of organic farming.
(e) formulate proposals and guidance on organic agricultural production, through reports to the Department of agriculture, livestock and Rural promotion.
(f) propose own logo that will identify the ecological agricultural products, which will have to be approved by the Department of agriculture, livestock and Rural promotion.
(g) propose modifications or additions to the General notebook of standards of production and processing.
(h) fix the period for conversion of those operators starting organic products under the terms established in this Foral Decree.
(i) to promote the consumption and dissemination of ecological agri products.
(j) to ensure the correct use of the signs of identification, with special attention to the end points of sale.
(k) promote and take better care of sale forms communicate to consumers and society in general the environmental work of farmers and livestock owners of production holdings subject to the control regime.
(l) support partnerships between operators and the creation of own marketing channels, and especially the direct sale.
(m) approve the annual report and budget proposals, and propose them to the Department of agriculture, livestock and Rural promotion for its ratification. The memory will be presented before 31 March of the following year.
(n) resolve on conformity or non-conformity with the regime's control of the operators of organic agri-food products, binding the qualification Committee report.
(o), report of the rating Committee, the measures provided for in the articles 9.9 and 10.3 of Regulation (EEC) 2092 / 1991, if you discover any irregularity or infringement.
(p) adopting appropriate agreements in relation to the attendance of the Council with public and private entities.
(g) all other functions that can attribute you the Department of agriculture, livestock and Rural promotion.
Article 8. Composition of the Council of the ecological agricultural production of Navarre.
1. in the Council of the ecological agricultural production of Navarra holders operators of companies of production, processing and import of organic products subjected to the control of the Council, as well as consumer associations will be represented.
2 the Council shall be constituted by: to) the President.
(b) three members representing the holders of production holdings.
(c) two members representing the owners of producing companies.
(d) a member representing the holders of import companies of third countries.
(e) a representative of consumer associations.
(f) a representative of the Department of agriculture, livestock and Rural promotion, which will act as Secretary.
(g) a representative of the Department of environment, planning and housing.
(h) a representative of the Technical Institute and agricultural management and other technical Institute and of management of the beef, both with special expertise in organic agricultural production.
(i) the Technical Director.
3. the vocal production, processing enterprises and importing companies representatives will be democratically elected in each subsector, by those who are subject to the regime of control of the Council and from among them. If they were societies, shall be directors of the same. However, one natural or legal person not may have in the Council a double representation, nor directly or through subsidiary companies or partners of the same.
The elected members by joining a firm subject to the control of the Council executives as will cease in office to cease as directors of this firm, although they were linked to the sector to have passed to another company, proceeding to nominate his replacement in accordance.
The procedure of election of the vocal representative of consumer associations will be established on a proposal from the Council by the Minister of agriculture, livestock and Rural promotion.
4. the members shall be renewed every four years, and may be re-elected. The electoral system and the election procedure will be established for the regulation of internal regime, which will be also regulated the election of the President.
5 the vowels marked with the letters f) and g) in paragraph 2 of this article shall be designated by the Minister of 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 production, processing enterprises and importing companies.
7 will be executive bodies of the Council the rating Committee and the Technical Director.
8. the Council will have administrative services, inspection and advisory.
Article 9. Session of the Council.
1. the Council, convened by the President or by the person to the delegates, will meet in regular session with the periodicity providing for its members and, in any case, at least once quarterly.
2. the Council shall convene in extraordinary session when it is convened to this effect by the President of the Council or at the request, at least one-third of its members.
3. the regime of operation of the sessions and making agreements will be established in the rules of internal order.
4. in any case the delegation of vote shall be admissible.
5. the Secretary shall forward the minutes of meetings to the Department of agriculture, livestock and rural promotion.
Article 10. Chairman of the Board.
1 the functions of the President of the Council are: to) the representation of the Council.
(b) the Presidency and leadership of the discussions of the Council.
(c) convene and preside over the sessions of the Council.
(d) all those that may be entrusted to it.
2. the President of the Council may delegate its functions in one or more members of the Council, under the terms and circumstances established in the regulations for internal order.
Article 11. Qualification Committee.
1 the Committee of qualification, which will adopt the agreement unanimously, will be formed by: the Secretary of the Council, who shall act as Chairman of the Committee.
A technician with special expertise in ecological agriculture, appointed by the Department of agriculture, livestock and Rural promotion.
The Technical Director of the Council.
2 the rating Committee will report on the nature and quality of the production, processing and marketing of products listed in paragraphs a) and b) of article 1 of Regulation (EEC) 2092 / 1991.
3. the Committee will issue report on conformity or nonconformity with the regime's control of the operators of organic products. This report, which will be binding and prior will be also issued before imposing any sanctions to operators.
The report will rise to the Council so that this resolve. An ordinary appeal against the Councilor for agriculture, livestock and Rural promotion is may be brought against the resolution of the Council.
4. the functioning of the rating Committee shall be governed by the rules on internal order of the Council.
Article 12. The Technical Director.
1. the post of Technical Director of the Council shall belong to person proving adequate training in organic agricultural production. He shall be appointed by the Minister of agriculture, livestock and Rural promotion to the Council's proposal.
2 will be the Technical Director, the following functions: to) the coordination of the inspection services and advice of the Council, following the General guidelines which are established by the Council or by the Department of agriculture, livestock and Rural promotion.
(b) the direction of the administrative staff assigned to the Council.
(c) economic management of the Council, preparing the preliminary draft budget and the annual report.
(d) participate in the sessions of the Council.
(e) in general, to ensure compliance with current legislation in the field of ecological agricultural production.
(f) permanent communication with the agencies and companies responsible for phytosanitary treatments, mainly air type, for the avoidance of them on farms and areas registered and its surroundings.
(g) the inspection of the production companies of amendments and organic fertilizers wishing to view recommended products for specific use in organic farming.
(h) all those others that may be entrusted to it by the Council or the Department of agriculture, livestock and Rural promotion.
Article 13. Staff inspector.
The Council must have the inspectors necessary for the practice of the control system established in this Foral Decree. These inspectors will be hired on a proposal from the Secretary-General, and it will have to be certified by the Department of agriculture, livestock and Rural promotion.
Article 14. Advisory services.
1. the Council will have the technical services required for the preparation and implementation of projects of productive reconversion of companies wishing to start organic products and in general to advise and disseminate the knowledge and application of ecological production systems.
It will also establish relationships with entities that proceed to exchanges, joint programmes, partnerships, in order to develop technical aspects that allow to improve the ecological agricultural practices.
2 Advisory services will also have in charge the training tasks of operators, organizing workshops and studies that seek the development of organic farming.
3 Advisory services will give technical support to the Council for the performance of its functions, and shall be independent of the surveillance and inspection services.
Article 15. Funding.
The financing of the Council shall be carried out with the following resources: to) the amounts contributed by the operators referred your company to the control system.
(b) grants, bequests and donations it receives.
(c) quantities which can perceive in compensation for damages caused to the Council or the interests which it represents.
(d) goods which constitute its heritage and products or income from this.
(e) those others that are appropriate for any title.
Article 16. Offences, penalties and procedure.
1. the infringements and sanctions regime will be established in articles 9.9 and 10.3 of Regulation (EEC) 2092 / 1991, without prejudice to the provisions of law 25/1970 of December 2, and its regulations, approved by Decree 835/1972 of 23 March.
2. with regard to the disciplinary procedure, will be established in law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and in the Royal Decree 1398 / 1993, of 4 August, which approves the regulation for the exercise of the powers to impose penalties, without prejudice to the prevalent application of the disciplinary procedure as , where appropriate, to establish the Government of Navarra.
3. the records brought by the Council resolution will correspond to the Council, taking into account that neither the instructor nor the Registrar of record may be members of the same. This resolution be brought against ordinary, which may be filed with the Minister of agriculture, livestock and Rural promotion.
Those enrolled in the current regulatory Board of the agriculture ecological on the date of promulgation of this Decree Foral, propose to the Minister of agriculture, livestock and Rural promotion the appointment of a provisional Council whose role will be the elaborate the internal regulations of the Council regulation and hold elections to it, within a period of three months following the publication of this Foral Decree.
First.-It empowers the Minister of agriculture, livestock and Rural promotion so that within the scope of its powers it dictate the precise provisions for the development and implementation of this Foral Decree.
Second.-This Foral Decree shall enter into force the day following its publication in the "official bulletin of Navarre».