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Order Of 14 March 1995 Laying Down Rules Implementing Royal Decree 1852/1993, Of 22 October, On Organic Agricultural Production And Indications On Agricultural And Food Products Are Held, And The Functions And Composition Are Set .. .

Original Language Title: Orden de 14 de marzo de 1995 por la que se dictan normas de desarrollo del Real Decreto 1852/1993, de 22 de octubre, sobre producción agrícola ecológica y su indicación en los productos agrarios y alimenticios, y se establecen las funciones y comp...

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By virtue of the final provision of Royal Decree 1852/1993 of 22 October 1993 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, the Ministry of Agriculture, Fisheries and Power is empowered to lay down the rules necessary for the application and development of the said Royal Decree in the field of its powers.

Article 7 of the aforementioned Royal Decree establishes the Regulatory Commission for Ecological Agriculture as a collegiate body attached to the Ministry of Agriculture, Fisheries and Food. Since that provision does not require more than its primary and main tasks, it is considered necessary to develop in a more specific way both its composition and its functions, taking into account, on the one hand, the participation of the different administrations and the sector, and on the other hand, the main tasks it will have to carry out, within the general framework of advice assigned to it as the main mission.

In its virtue, I have:

Article 1.

1. The Regulatory Commission for Ecological Agriculture (CRAE) will be composed of the following members: The President, the Vocals and the representatives of the Autonomous Communities. It shall also be assisted by a Secretary appointed by the Secretary-General of Food of the Ministry of Agriculture, Fisheries and Food.

2. President appointed by the Ministry of Agriculture, Fisheries and Food.

3. Vowels appointed by the President among specialists of recognized prestige in organic farming.

(a) A representative on a proposal from the Ministry of Health and Consumer Affairs.

b) A representative on a proposal from the General Secretariat of the Environment.

d) A representative on a proposal from the Higher Council of Scientific Research.

e) A representative on a proposal from the National Institute of Agricultural Research.

f) Four specialists in organic agricultural production.

g) Four specialists in the development and packaging of organic products.

h) A specialist in imports of organic products from third countries.

i) Two specialists in the distribution and marketing of organic products.

j) Two specialists in the distribution and marketing of organic products.

k) Two specialists in the field of consumer associations, one with experience in the consumption of organic products.

l) Two specialists in associationism for the promotion and promotion of organic farming.

4. The Autonomous Communities may appoint a representative, who shall be integrated into the CRAE.

Article 2.

The Regulatory Commission for Ecological Agriculture (CRAE) will exercise its functions through the issuance of opinions or agreements, on its own initiative, or on the proposals presented by the administrations involved, the sector or consumers.

Article 3.

1. The Ecological Agriculture Regulatory Commission will exercise advisory functions on the following subjects:

Notebooks of technical standards of production and production.

Minimum control requirements for agricultural holdings, collection zones, industries and premises of importers from third countries, in accordance with Annex III to Regulation (EEC) No 2092/1991.

of the Annexes to Regulation (EEC) No 2092/1991

Regulations, which in the field of organic farming, dictate the different administrations.

Documents and standards for inspection and control of the various authorities or private control bodies.

Amendment to the Articles of Regulation (EEC) No 2092/1991 and its accompanying provisions.

Criteria for the qualification of the suitability of the farms and industries for organic production.

Promotion and advertising of organic products.

Research and technological development.

Application and development criteria for infringements and sanctions.

Protection of the interests of consumers.

Those other matters that the Administrations represented in the Regulatory Commission submit to the report or those that are considered of interest for the development of organic farming.

2. The functioning of the Regulatory Commission for Ecological Agriculture shall be in accordance with the provisions of Chapter II, Title II of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Procedure Common Administrative Law, and the provisions of this provision, in accordance with the powers conferred on it in Article 22 of the aforementioned Law, so that certain collegiate bodies may complete their operating rules.

Article 4. President.

1. The President's term of office will be four years, and he can be re-elected.

2. In the case of vacancy, absence, disease or any other legal cause, the Minister of Agriculture, Fisheries and Food may temporarily appoint a replacement to exercise the President's duties until the situation is resolved, or a cessation of agreement as provided for in the following paragraph.

3. The President shall cease to expire the term of his term of office, at his own request, once his resignation has been accepted, or by decision of the Ministry of Agriculture, Fisheries and Food, on a proposal from two thirds of the members of the Regulatory Commission.

4. In case of cessation or death, the Minister of Agriculture, Fisheries and Food shall appoint a new President within two months.

5. The President shall vote with his vote on the draws to be made for the purpose of issuing agreements or opinions.

Article 5. Vocals.

1. The Vowels of the Regulatory Commission shall be appointed by the Secretary General of Food and appointed by the President.

2. The Vowels will be renewed every four years and can be re-elected.

3. It will cause a reduction in the Vocal which, during the period of its term of office, has caused injury or disrepute to the sector of organic farming.

4. There will be no unjustified absence of the specialist Vocals for three consecutive sessions or five alternate sessions.

Article 6. Secretary.

1. The Secretary shall be appointed by the Secretary-General of Food, acting in a voice, but without a vote.

2. In case of vacancy, absence or disease or any other legal cause, the Secretary-General of Food may appoint an official of the General Secretariat of Food to act temporarily as Secretary until the situation, or, where appropriate, a new appointment is made.

3. It is for the Registrar to perform the duties provided for in Article 25 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and all the tasks assigned to him by him. President.

Article 7. Call.

1. For the valid constitution of the Regulatory Commission on first call it will require the presence of the President, Secretary and half at least of its members. However, the President may constitute the body on the second call, half an hour after the first, when the President, the Registrar and the third party of its members are present.

2. Where, on the agenda of the call, the vote on a particular case is explicitly stated, and no member may attend the sitting, the vote may be expressed in writing to the President, with at least 12 hours of in advance of the time provided for in the call, or delegate to another member of the Regulatory Commission, provided that it is duly accredited.

3. The Regulatory Commission shall be in session at least once a quarter.

4. The calls by the Regulatory Commission shall be submitted at least forty-eight hours in advance by mail, fax, telex or telegram, the order of the day being included and the documents required to enable the of decisions.

Article 8. Working groups.

1. The President, on a proposal from the Regulatory Commission, will be able to appoint experts of recognized prestige who will raise proposals to the Regulatory Commission on matters, which by its characteristics, require further study.

2. The working groups shall be temporary and shall be established for as long as the President determines at the time of their creation, extending this period if necessary.

3. The working groups shall consist of a minimum of three experts who may be members of the Regulatory Commission.

4. The experts shall be proposed by the Regulatory Commission and appointed by the President to appoint a spokesman for the group responsible for organising the work and acting as an interlocutor before the members of the Commission.

The President may decide to leave an expert at the request of the expert, or for any other cause that warrants it.

5. At the time of the establishment of the working group, the President, acting on a proposal from the Regulatory Commission, may decide on the specific questions on which a proposal should be made.

Article 9. Right of supply.

As provided for in this Order, the provisions of Chapter II, Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall apply.

Article 10.

The Regulatory Commission for Ecological Agriculture will be financed, within the budgetary possibilities, through the budgets of the Directorate General for Food Policy.

Final 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 14, 1995.

SERNA AGENT

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