Law 6/2015 of 12 May, of designations of origin and protected geographical indications of a supra-regional territorial scope, establishes a legal system complementary to that of the European Union for the Denominations of Protected Origin (DOPs) and Protected Geographical Indications (IGPs) whose territorial scope extends to more than one autonomous community, paying particular attention to the various controls to which operators are subject.

One of the most important new features mentioned in Law 6/2015, of 12 May, is the characterization of the regulatory councils as management entities of the DOPs and IGPs, to which it dedicates its chapter IV. They constitute as joint groupings of all the representatives of the economic and sectoral interests involved in obtaining the protected product with their own independent legal personality, for the management, promotion and defence of common interests for the relevant PDO or PGI. In Spain, the regulatory councils have a deep roots because they have served since the beginning of the last century to recognize and promote products with characteristics of their own quality linked to the geographical area in which they have originated. Having been constituted as a key element for the development of a model of quality that has undergone an important development today and which has served both to increase the competitiveness of our agro-food industries and to help the development and sustainability of rural areas.

These regulatory councils have had to adapt in a few years, as a result of successive European and national regulations. In its origins, they were public bodies that acted as de-concentrated organs of the administration, of a legal and public nature and under the supervision of the General Administration of the State, and have evolved into private law entities in some areas. cases, or public law in others. In short, the legislator has opted for the express recognition of the different legal forms that the regulatory councils can adopt, which will enable them to accommodate the new legal reality in the most flexible way possible. Those regulatory boards that wish to take on certain collaborative functions involving the exercise of public functions may take the form of public law corporations.

By this royal decree, therefore, those precepts of Law 6/2015, of 12 May, that affect the recognition of new entities of management of those DOPs and IGPs, the approval of their statutes are developed in case of are recognized as corporations governed by public law and the communication of their agreements.

Another basic element for official control is the existence of a unified system of information of operators with the DOPs and IGPs of the supra-regional territorial scope. This system, which does not have an enabling character, is essential for monitoring and control activities.

In this way the information gathered in the records of the current regulatory councils is unifies in a unified system of information of operators, and the measures of collaboration between the management entities and the the Ministry of Agriculture and Fisheries, Food and Environment (MAPAMA), in relation to the management and maintenance of the same.

In addition, it is regulated the incorporation and management of the data of the producers with respect to those PDO or PGI for which there are no management entities.

Moreover, in this royal decree the model of official control established in the aforementioned Law 6/2015, of May 12, is developed in compliance with the European regulations, in particular as established in the Regulation (EC) No. 882/2004 of the European Parliament and of the Council of 29 April 2004 on the official controls carried out to ensure the verification of compliance with feed and food law and animal health legislation and welfare of the animals.

Consequently, the different control systems that enable Law 6/2015, of 12 May, are described for the verification of compliance of the specifications as task of official control, corresponding to the Directorate-General of the Food Industry as the competent authority within the Ministry of Agriculture and Fisheries, Food and Environment, in accordance with Article 22.5 of Law 6/2015 of 12 May, establishing, between other functions, the control system for each PDO and PGI.

Thus the verification of compliance with the specifications can be exercised directly by the Food Control and Information Agency, which is the competent authority to carry out the verification of compliance with the specifications. the specifications specified by the Directorate-General of the Food Industry of the department.

There is also the possibility of delegation of the verification of compliance with the specifications in one or more control bodies, provided that they meet a number of requirements, including their accreditation in accordance with the UNE-EN ISO/IEC 17065/2012 standard or the replacement standard. Such accreditation shall have been issued by the National Accreditation Entity (ENAC) or the national accreditation body of any other Member State of the European Union, designated in accordance with the provisions of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance relating to the placing on the market of products and repealing Regulation (EC) No 339/93.

In this regard, the first provision provides for a system for obtaining provisional authorisation, for cases where, at the time of the request of the delegation, the entities are in the process of being accreditation. In this way, it has been established to grant a provisional authorisation of 12 months, which may be subject to up to a maximum of two extensions for a maximum period of 12 months each, as provided for in Article 23 of Law 6/2015, of 12 May.

On the other hand, the final provision of Law 6/2015, of 12 May, has amended the additional provision of Law 12/2013 of 2 August, of measures to improve the functioning of the food chain, adding new purposes and functions to the Food Control and Information Agency and creating the fee for inspection actions.

Among the general purposes of the aforementioned Agency, the development of the functions that are regulated by official control prior to the marketing of the DOPs and the IGPs, whose territorial scope is extend to more than one autonomous community. Its tasks include establishing and developing the system of official control for the verification of compliance with the specifications of the designated conditions by operators who have received a PDO or PGI whose territorial scope is extends to more than one autonomous community, and that of their respective management entities; initiating and instructing, in accordance with their own regime, the sanctioning procedures for non-compliance with Law 6/2015 of 12 May, and competent authorities the relevant proposals for resolution.

In addition, a new paragraph 15 has been added to the abovementioned additional provision of Law 12/2013 of 2 August establishing the fee for the inspection measures carried out by the Information and Control Agency. Food, in such a way that legal development is necessary in this royal decree of paragraph 15.

By Royal Decree 227/2014 of 4 April, the Statute of the Agency for Food Information and Control was approved, and by Royal Decree 66/2015 of 6 February, the regulation of the system of controls to be applied was approved. the Food Information and Control Agency, provided for in Law 12/2013, of 2 August.

Taking into account that the articles of these royal decrees contain precepts that deal with the purposes and functions of the Food and Control Agency, as well as other issues that have been affected by the Law 6/2015, of May 12, must be supplemented, adapting them to the modifications made to Law 12/2013, of 2 August.

In any case, the execution of the provisions of this royal decree will be carried out with the current personal and material resources for the Ministry of Agriculture and Fisheries, Food and the Environment, and will not be an increase. of appropriations, or of remuneration, or of other personnel costs.

Likewise, through the third final provision, it has been considered appropriate for regulatory clarity to delete the definition of pacharan contained in Royal Decree 164/2014 of 14 March 2014 laying down rules complementary to the production, designation, presentation and labelling of certain spirit drinks, because it is no longer necessary as it has been regulated by European Union legislation, through Commission Regulation (EU) 2015/210, of 10 February 2015 amending Annexes II and III to Regulation (EC) No 110/2008 Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks. It is therefore a question of harmonisation with European legislation.

The Royal Decree 1679/1999 of 29 October 1999 on official competitions and officially recognised wine-making competitions is also repealed, since the requirement which laid the ground for the application of the Directive has disappeared from the Community provisions. rule.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence on the basis and coordination of the general planning of the economy, in the terms in which the judgment of the Constitutional Court (STC 112/1995) establishes it.

It is also established by virtue of the power that the final provision of Law 6/2015, of May 12, grants the Government to dictate how many provisions are necessary for its implementation and development.

In the process of dealing with this royal decree, the autonomous communities and representative entities of the affected sectors have been consulted.

In its virtue, on the joint proposal of the Minister of Finance and Civil Service and the Minister of Agriculture and Fisheries, Food and Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on March 17, 2017,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

The present royal decree has as its object:

(a) The development of Law 6/2015, of 12 May, of designations of origin and protected geographical indications of a supra-regional territorial scope, hereinafter referred to as DOPs and IGPs, respectively, in their aspects relative to the recognition of management entities, the unified system of information of operators and their official control.

(b) The development of paragraph 15 of the first provision of Law 12/2013 of 2 August, of measures to improve the functioning of the food chain, with regard to the management of the levy for the production of official inspection and control of the Food Control and Information Agency.

(c) The amendment of Royal Decree 227/2014 of 4 April 2014 approving the status of the Food Control and Information Agency and Royal Decree 66/2015 of 6 February governing the scheme of controls to be applied by the Food Control and Information Agency, provided for in Law 12/2013 of 2 August, of measures to improve the functioning of the food chain.

CHAPTER II

Management entities

Article 2. Recognition of management entities.

1. Those entities with legal personality which they intend to constitute as management entities for a PDO or a PGI shall submit for recognition the following:

(a) Request addressed to the Food Industry Directorate-General of the Ministry of Agriculture and Fisheries, Food and Environment, according to the model established for the purpose in Annex I.

b) Declaration that they comply with the provisions of Article 15 of Law 6/2015 of May 12, and that they undertake to comply with the provisions of Article 16 of that Law.

(c) Notary document of the association's constitution, together with the provisional statutes.

(d) A declaration that they comply with the requirements laid down in the Community regulations and in which they undertake to comply with and enforce the approved specification.

2. The applications referred to in paragraph 1 shall be lodged in the General Register of the Ministry of Agriculture and Fisheries, Food and the Environment, or as provided for in Articles 14 and 16 of Law 39/2015 of 1 October of the Procedure Common Administrative of Public Administrations

3. The Ministry of Agriculture and Fisheries, Food and the Environment shall forward the applications to the competent bodies of the autonomous communities concerned for their 10-day report, which shall be understood to have been favourable

4. Applications shall be made by the Food Industry Directorate-General within six months of the submission of the application. The period of such time without having been notified shall allow the person concerned to understand his request.

5. Entities that intend to be constituted as public law corporations shall, in addition to the foregoing:

(a) A statement in which they undertake to comply with the provisions of Article 17 of Law 6/2015 of 12 May.

(b) The draft statutes of the corporation governed by public law, in accordance with Article 17 (e) of Law 6/2015, of 12 May, and in Article 3 of this royal decree. The approval of these statutes shall be carried out at the same time as the recognition as a public law corporation.

Article 3. Approval of statutes of public law corporations.

1. In accordance with the provisions of Article 17. (e) and in paragraph 3 of the first provision of Law 6/2015 of 12 May, the management entities which are the form of public law corporations shall submit to the Ministry of Agriculture and Fisheries, Food and the Environment, for approval, the statutes of the corporation.

2. In no case shall the statutes be able to regulate matters reserved for the law or its regulations, nor to the specifications of each quality figure.

3. The participation of members of the public authorities in the governing bodies with a voice and without a vote may be established in the statutes.

4. The application shall be lodged in the General Register of the Ministry of Agriculture and Fisheries, Food and the Environment or as provided for in Articles 14 and 16 of Law 39/2015 of 1 October of the Common Administrative Procedure of the Public administrations, and the processing will be carried out by the Food Industry Directorate-General, prior to the favorable report of the State Department of the State of the Department.

5. The statutes shall be approved by order of the holder of the Department published in the Official Gazette of the State.

6. Applications shall be settled within the maximum period of six months, and in accordance with Article 17 (e) of Law 6/2015, of 12 May.

7. For the amendments of approved statutes of management entities constituted as corporations governed by public law, it shall apply as set out in this article.

Article 4. Communication of agreements of the management entities.

1. Management entities which have adopted the form of a public law corporation shall communicate to the Directorate-General of the Food Industry, before making them public, the agreements referred to in Article 17 (h) (2). and 4. of Law 6/2015, of May 12.

In case the Food Industry Directorate-General makes comments to those agreements, it shall notify the management entity to make them public in the same way as the agreements taken.

2. The statutes of these public law corporations shall establish the form of publicity for such agreements, which shall ensure their knowledge by the operators of the quality figure and by the autonomous communities concerned.

CHAPTER III

Unified operator information system

Article 5. A unified system of operator information.

1. The unified information system for operators of differentiated quality figures from the supra-regional scope is created.

2. The unified operator information system will be attached to the Ministry of Agriculture and Fisheries, Food and Environment, which will be responsible for its coordinated operation. This system shall include the relevant data of the operators, both those which are currently available to the management entities and those which initiate their activity.

The management entities shall collaborate with the maintenance of the unified system of operator information in the part that affects their quality figures, in relation to the activity of the operators.

3. New operators, or to communicate changes in the case of existing ones, shall send the data related in Annex II to the management entity. In the event that there is no management entity, the operators shall forward this data to the Directorate-General of the Food Industry for the purpose of being included in the unified system of operator information.

4. Operators shall communicate at least 30 working days in advance the effective cessation of their activity, indicating the stocks of products covered by the date of the application for such cessation of activity.

CHAPTER IV

The control of DOPs and IGPs

Article 6. Designation of the competent authority.

In accordance with Article 22 (5) of Law 6/2015 of 12 May, the official control is the responsibility of the General Directorate of the Food Industry of the Ministry of Agriculture and Fisheries, Food and Environment. establishes the control system for each PDO and PGI.

In this regard and in accordance with Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls carried out to ensure the verification of compliance with the legislation on feed and food and animal health and animal welfare legislation, the Food and Agriculture Ministry's Food Industry Directorate-General is the competent unit in the field of animal health and animal welfare. the national programme of official control with regard to the DOPs and IGPs with a supra-regional territorial scope.

In turn, the Food Control and Information Agency is the competent authority to carry out the verification of compliance with the specifications that the General Directorate of the Food Industry specify.

Article 7. Verification of compliance with the specifications.

1. In accordance with Article 23 of Law 6/2015 of 12 May, the verification that a product complies with the relevant product specification may be delegated to one or more control bodies accredited in accordance with the UNE-EN standard. ISO/IEC 17065/2012 or standard replacing it.

The delegation may only be carried out on a control body that also meets the following requirements:

a) possess the necessary expertise, equipment, and infrastructure to perform the tasks that have been delegated to you,

b) having sufficient staff and adequate qualifications and experience,

c) be impartial and have no conflict of interest with regard to the exercise of the tasks that have been delegated to you.

This delegation shall be approved by resolution of the Director-General of the Food Industry for each supra-regional PDO and PGI.

2. In the event that the designated control body does not comply with the requirements of Article 8 of this royal decree, the accreditation has been withdrawn or suspended or the non-compliance with the obligations established in this royal has been verified. decree, the control may be exercised either directly by the Food Control and Information Agency as the competent authority or by means of an express delegation from the Directorate-General for Food Industry in another control body which act as a product certification body accredited in accordance with the UNE-EN ISO/IEC standard 17065/2012 or standard that replaces it, in accordance with the provisions of article 23 of Law 6/2015, of May 12. If there is no accredited control body, the control shall be carried out by the Food Control and Information Agency.

3. Operators may not place on the market product covered by the logo of the supra-regional PDO or PGI without having been subject to the verification of compliance with the specification.

CHAPTER V

Delegation of official control tasks

Article 8. Requirements for the delegation of official control tasks.

1. Entities intending to act in accordance with the above Article as delegated control bodies shall submit an application to the Food Industry Directorate-General, in accordance with the model set out in the Annex. III, accompanied by:

a) Tax ID card, constitution writing or statutes.

b) Certification procedure for the corresponding specification.

(c) Authentic copy or equivalent document of the accreditation certificate issued by a national accreditation body for the UNE-EN ISO/IEC 17065/2012 standard or the replacement standard for the specification corresponding to the scope of the certification, with the exception of the first provision.

(d) Supporting evidence of compliance with the requirements set out in Article 7.

Applications shall be filed in the General Register of the Ministry of Agriculture and Fisheries, Food and the Environment, or as provided for in Articles 14 and 16 of Law 39/2015 of 1 October.

2. Once the application has been received and examined, together with the supporting documentation, the Food Industry Directorate-General may ask the entity for additional information to be required to verify whether it meets the conditions set out in this Regulation. established in the rules of official controls.

3. When deemed necessary, once verified and evaluated the documentation submitted or by other concurrent circumstances, an assessment visit may be made.

4. Applications shall be resolved by the Directorate-General of the Food Industry within a maximum period of six months, which may be suspended in accordance with Article 22 of Law 39/2015 of 1 October 2015. The period of such time without having been notified shall allow the person concerned to understand his request.

Article 9. Obligations of the delegated control bodies for the verification of the official control tasks.

In addition to the provisions of Article 25.4 of Law 6/2015 of 12 May, the control bodies in which the verification of compliance with the specification has been delegated shall have the following obligations:

1. Verification of compliance with the product specification for a product in the scope of the control tasks object of delegation.

2. The issuance of the required reporting or test results, controls, inspections, audits, sampling and analytical determinations, as well as the issue of the corresponding certificate of conformity.

3. The suspension or withdrawal of the certification of conformity of the operator in the event of non-compliance with the specification.

4. Immediate communication with a maximum of 72 hours to the Directorate-General for the Food Industry of a serious or very serious non-compliance once found, as well as of the suspensions or withdrawals of the certification of the operator and of the corrective measures taken.

In the event that there is an appreciable risk to the health of humans, animal and plant health, including plant reproductive material, the environment or non-compliance in the field of production Organic, commercial quality or consumption, will be communicated immediately, with a maximum period of 72 hours, to the Directorate General of the Food Industry, which in turn will move it to the competent authorities.

5. The obligation to report on a quarterly basis to the Directorate-General of the Food Industry on the non-conformities detected to the operators for which the verification of compliance with the relevant product specification is carried out. It shall also report at the same intervals on the certificates of conformity of operators granted, maintained, suspended or withdrawn. As well as, where appropriate, the corrective measures taken.

6. The management of the data in the official register of operators relating to the official control tasks of the delegation.

7. The presentation to the Directorate-General of the Food Industry, before 15 November of each year, of the control plan for the following year.

8. The presentation to the Directorate-General of the Food Industry, before 1 March of each year, of the annual report of the previous year, including the degree of compliance with the specification, the inspection or certification activities of the compliance, as well as the other information required under the National Plan of Official Control of the Food Chain and other requested statistical data.

9. The copy of the audit reports for the maintenance of the accreditation carried out by the national accreditation body.

The conservation, for a minimum period of five years, of the documentation relating to the certifications and/or inspections carried out by the operators.

Article 10. Suspension and withdrawal of the delegation of official control tasks.

1. The control bodies applying for the withdrawal of the delegation shall report it at least 3 months before the expiry of the certificates in force.

2. The ex officio removal shall be carried out in the event of:

a) Failure to comply with the requirements that resulted in the delegation.

b) Failure to comply with legally established obligations.

(c) Commission of a serious infringement governed by Article 31.2 and 31.3 or of a very serious infringement of the provisions of Article 32.2 and 32.3 of Law 6/2015 of 12 May.

3. Once the existence of any of the above causes has been detected, and without prejudice to the provisions of Articles 23.4 and 29.5 of Law 6/2015 of 12 May, the Directorate General of the Food Industry will suspend the delegation and communicate to the inspection body to forward, within a maximum period of 10 working days, what it considers appropriate and the corrective measures to be taken in its case. The delegation shall withdraw without delay if the inspection body does not take appropriate and appropriate corrective action.

4. All decisions to suspend or withdraw the delegation of control tasks shall be communicated to the autonomous communities concerned.

CHAPTER VI

Internal control

Article 11. Internal control of management entities.

1. The management entities that have established in their statutes an internal control system, in accordance with the provisions of Article 24 of Law 6/2015, assume the following obligations:

(a) The referral to the Food Control and Information Agency by 15 November of each year of the annual programming of the internal control system to be applied in the following year.

(b) The Food Control and Information Agency shall approve such a system before 31 December of each year, unless the management body is informed of any essential changes in the management organisation. The case shall be approved within one month after they are remedied.

(c) In the case referred to in Article 24 (3), the structure of the management entity in charge of internal control, accredited in accordance with UNE-EN ISO/IEC 17020/2012 or the replacement rule, forward to the Food and Control Agency, the minutes in which it is detected or suspected of non-compliance with their reports, within a maximum of 72 hours since the lifting of those minutes, with the aim of initiate, where appropriate, the sanctioning procedure. In addition, it will send a monthly copy of all the records that do not detect non-compliances, and a list of the minutes raised and the previously submitted reports.

(d) When precautionary measures are taken by the inspectors of the accredited structure of the management organisation, it shall be communicated immediately from its adoption and in any event within a maximum of 72 hours to the Food Control and Information Agency to be carried out in accordance with the provisions of Article 29 of Law 6/2015 of 12 May.

e) The referral to the Food Control and Information Agency of:

1. A yearly memory on the application of the internal control system.

2. ° The annual staff relationship of the control structure, as well as the modifications of the control structure when they occur.

2. The Food Control and Information Agency shall monitor the internal control systems in accordance with the provisions of Article 24 (4) of Law 6/2015 of 12 May.

CHAPTER VII

Official control actions to be implemented by the Food and Information Agency

Article 12. Functions of the Food Control and Information Agency.

In accordance with paragraphs 5.b) and 6.j) of the additional provision of Law 12/2013 of 2 August, the following functions of the Food Control and Information Agency are assigned:

1. The inspection tasks as well as initiating and instructing, under his own regime, the sanctioning procedures for non-compliance with Law 6/2015 of 12 May, making the competent authorities the proposals for a resolution which correspond.

2. Where the Food Control and Information Agency acts as the competent authority in the verification of the specifications, it shall be the responsibility of the Agency:

(a) The issuing of the mandatory reports, prior to the checks, inspections, sampling and analysis necessary, as well as the issue of the corresponding certificate of conformity.

(b) The temporary suspension or withdrawal of the use of the PDO or PGI to the operator in the event of non-compliance with the specification.

(c) Verification of compliance with the specification may be supported by the controls carried out by the relevant management organisation, which are expressly aimed at checking the self-controls of each of the operators involved. declared its activity in accordance with Article 5. Those controls shall also have to be supervised by the Agency in accordance with Article 11 (2).

d) The management of the data in the specifications relating to the official control tasks that appear in the unified system of operator information.

e) The referral to the Food Industry Directorate-General, before 31 December of the control plan for the following year.

f) The referral to the Food Industry Directorate-General before 1 March each year of the following documentation:

1. Annual report of the previous year, including the degree of compliance with the specification, the inspection or certification of conformity, the opening of files, as well as the other information required within the framework of the National Food Chain Official Control Plan and other requested statistical data.

2. The external audit report, if any.

3. Report on the supervision of the internal control system of the previous year, in the event that this system has been established in the statutes of the management entity.

CHAPTER VIII

Other provisions of Law 6/2015, of 12 May

Article 13. Commercial label communication.

1. Operators shall submit to the management organisation of the PDO or PGI the commercial labels they intend to use for the product covered by that PDO or PGI, at least 15 working days before they are put into circulation.

Within that period, the management entity that has been constituted as a public law corporation may verify compliance with the minimum requirements of the commercial labels of the respective PDO or PGI, as Article 17 (h) (4) of Law 6/2015 of 12 May 2015 and, if they do not adapt to them, notify the person concerned of the corrections he considers necessary. The failure of operators to comply with these corrections shall be brought to the attention of the Directorate-General for Food Industry.

2. In the case of the use of the same mark or presentation, in products covered by one or more PDO or PGI with a supra-regional territorial scope and products not covered by them, operators shall submit all the labels and designs to the the management entity of the supra-regional PDO or PGI. The latter shall, together with their observations, transmit them to the Directorate-General of the Food Industry, which shall check, by comparison of labels, formats or other elements of presentation of the product covered and not covered by the PDO or PGI This is the case in the case of a commercial trade mark, if there are sufficient elements to clearly differentiate its rating and provenance in order to avoid confusion for consumers. The Food Industry Directorate-General shall issue a report within one month.

Article 14. Request and recognition of qualified leave.

1. The application for qualified leave referred to in the fourth additional provision of Law 6/2015 of 12 May shall comply with the following requirements:

(a) It shall be submitted by the applicant operator or operators in the general register of the Ministry of Agriculture and Fisheries, Food and the Environment or in the places provided for in Article 16 of Law 39/2015 of 1 January 2015. October, indicating the proposed name identifying the place.

(b) The application shall incorporate the supporting evidence of compliance with the requirements laid down in the fourth additional provision and in the specification for the name, as well as:

1. º Background and justification for the use of the name being proposed.

2. º Mapping of the affected area.

3. Description of the climatological and agro-geological characteristics that justify the uniformity of the place and its differentiation.

4. The characteristics of the vineyard.

5. Report of the Spanish Patent and Trademark Office and report drawn up on the basis of the records of the European Union Intellectual Property Office (EUIPO) on the existence or otherwise of registered trademarks related to the name of the place.

c) Shall be accompanied by a report of the PDO Regulatory Board.

2. The Ministry of Agriculture and Fisheries, Food and the Environment shall forward applications to the competent bodies of the Autonomous Communities concerned for their report within one month of receipt of the request.

3. The request will be resolved by the Ministry of Agriculture and Fisheries, Food and Environment, proceeding to its recognition by ministerial order to be published in the "Official State Gazette". The deadline for notifying the resolution shall be a maximum of six months. The period of such time without having been notified shall allow the person concerned to understand his request.

Article 15. Assessment of the goods.

1. For the purposes set out in Articles 34.4 and 36 of Law 6/2015 of 12 May 2015 and in paragraph 15 of the first provision of Law 12/2013 of 2 August, the value of the goods shall be determined in accordance with the following conditions: prices:

(a) For the market price of the raw material or the product at the time of the inspection.

(b) If the above price is not included, it shall be calculated on the basis of the average market price of the said product or, failing that, of that of the like characteristics of the production area concerned, in the preceding financial year the one in which the inspection was carried out.

c) Where the penalty is to be imposed on the basis of the number of hectares, the value shall be calculated by multiplying the number of hectares by the average yield per hectare and by the average price of the product in the year prior to that in which the inspection was carried out. The Food Control and Information Agency may, on its own initiative, collect the information necessary from the operator to enable it to estimate the value of the raw material and the product at the highest level of detail.

2. Average market prices shall be determined on the basis of the official agricultural price statistics.

Article 16. Fee management for official inspection and control actions of the Food Control and Information Agency.

The Food Information and Control Agency shall liquidate the fee within 20 working days of the lifting of the inspection report, the payment order of which shall be notified to the taxable person for entry into the the time limits laid down in Article 62 (2) of Law 58/2003 of 17 December 2003, General Tax.

The collection of the fee, both on a voluntary and an executive basis, will be carried out in accordance with the provisions of the General Collection Regulation and its implementing regulations.

Additional disposition first. Arrangements for obtaining provisional authorisation for control bodies in the process of accreditation.

1. If, at the time of the request of the delegation, the management organisation does not have the accreditation certificate as set out in Article 8.1.c), the application for accreditation by a national body of the authority has been requested and accepted. The General Directorate of the Food Industry may grant a provisional authorisation for 12 months. If this period has elapsed, the management organisation shall not submit the relevant certificate, which may be granted up to a maximum of two extensions of the provisional authorisation for a maximum period of 12 months each.

In this case, instead of submitting the documentation provided for in Article 8.1.c), it shall be replaced by an authentic copy or equivalent document of the application for accreditation for the relevant product specification, submitted and accepted by the national accreditation body and the file number assigned by this body.

2. Also, if the control body is not a management organisation and, at the time of the request of the delegation, it does not have the accreditation certificate as set out in Article 81.c), the application for the certificate having been requested and accepted national accreditation body and provided that it has an accreditation certificate issued by the national accreditation body for the standard UNE-EN ISO/IEC 17065/2012 or the replacement standard for another specification or document The Directorate-General of the Food Industry may grant an authorisation 12 months provisional. If this period has elapsed, the management organisation shall not submit the relevant certificate until a maximum of two extensions of the provisional authorisation for a maximum period of 12 months each.

In this case the documentation to be submitted in place of article 8.1.c), will be replaced by:

(a) Authentic copy or equivalent document of the accreditation certificate issued by the national accreditation body for the UNE-EN ISO/IEC 17065/2012 standard or the replacement rule, on another product specification or another normative document.

(b) Authentic copy or equivalent document of the application for accreditation for the relevant product specification, submitted and accepted by the national accreditation body and the file number assigned by the national accreditation body body.

Additional provision second. Accreditation requirements.

The accreditation of the UNE-EN-ISO/IEC 17065/2012 standard of the management entity constituted as a public law corporation will serve the purpose of initiating the sanctioning procedure, as will the accreditation of the UNE-EN standard. ISO/IEC 17020/2012.

First transient disposition. Deadline for the communication of data from the records of the management entities.

Management entities shall communicate to the Ministry of Agriculture and Fisheries, Food and the Environment within six months of the entry into force of this Regulation, the data in the various registers to which the referred to in Article 5.

Second transient disposition. A unified system of operator information system entry.

Within 18 months of the entry into force of this royal decree, Article 5 will be fully applicable.

Single repeal provision. Regulatory repeal.

Royal Decree 1679/1999 of 29 October 1999 on officially recognised official competitions and competitions is hereby repealed.

Final disposition first. Amendment to the Statute of the Food Control and Information Agency, approved by Royal Decree 227/2014 of 4 April 2014.

The Statute of the Food Control and Information Agency, approved by Royal Decree 227/2014 of 4 April 2014, is amended as follows:

One. A new point (c) is added to Article 2 (1):

" (c) Develop official control functions prior to the marketing of protected designations of origin and geographical indications whose territorial scope extends to more than one autonomous community, provided for in the Royal Decree 267/2017, of 17 March. '

Two. A new point (n) is added to Article 3:

" n) Establish and develop the regime of official control for the verification of the specifications of the designated operators of protected designations of origin or protected geographical indications territorial areas extend to more than one autonomous community, and that of their respective management entities; initiating and instructing, in accordance with their own regime, the sanctioning procedures for non-compliance with Law 6/2015, of 12 May, for designations of origin and protected geographical indications Regional and local authorities, and to the competent authority, to the appropriate resolution proposals. "

Three. A new point (n) is added to Article 5:

"n) Management, settlement and collection of the fee for inspection activities carried out by the Food and Control Agency, which are the responsibility of the autonomous body."

Final disposition second. Amendment of Royal Decree 66/2015 of 6 February, regulating the system of controls to be applied by the Food Control and Information Agency, provided for in Law 12/2013 of 2 August, of measures to improve the functioning of the the food chain.

The Royal Decree 66/2015 of 6 February, which regulates the system of controls to be applied by the Agency for Food Information and Control, provided for in Law 12/2013 of 2 August, is amended to improve the functioning of the food chain, as follows:

One. A new point (c) is added to Article 2 (1):

" (c) The finding of irregularities which are evident in the exercise of the official controls assigned to it, or as a result of the complaints submitted, and which involve infringements provided for in the Law 6/2015, of 12 May, of designations of origin and protected geographical indications of regional supra-regional territorial scope. "

Two. Article 9 (2) shall be worded as follows:

" 2. The Food Control and Information Agency, when it establishes in the development of its functions the failure to comply, by any operator or management entity, of the obligations incumbent upon them, which may constitute an administrative infringement referred to in Law 12/2013 of 2 August, or Law 6/2015 of 12 May, shall carry out the corresponding measures set out in Chapter IV of this royal decree. "

Three. A new point (e) is added to Article 10 (2):

"e) Check the compliance, by operators and management entities, of the obligations laid down in Law 6/2015 of 12 May, in the framework of the official controls that have been assigned to it."

Four. A new point (e) is added to Article 13 (1):

"e) The operators and management entities provided for in Law 6/2015 of 12 May."

Five. Article 27 (1) (c) shall be worded as follows:

" (c) Carry out, in the cases of infringement of Law 12/2013, of 2 August or of Law 6/2015, of May 12, the administrative actions that correspond, in accordance with the provisions of the same and in the articles next. "

Six. A new paragraph is added to Article 29:

" 4. In the field of infringements of Law 38/1994 of 30 December 1994, the regulator of the agri-food interbranch organisations, whose instruction is carried out by the Food Control and Information Agency, the maximum time limit for resolving the sanctioning procedure and the notification of the express resolution of the procedure shall be six months. '

Seven. A new paragraph is added to Article 30:

" 4. In the field of breaches of Law 12/2013 of 2 August, measures to improve the functioning of the food chain, the instruction of which is carried out by the Food and Information Agency, the maximum time limit for resolving the problem. Sanctions procedure and the notification of the express resolution of the same shall be six months. "

Eight. A new Article 33 is added:

" Article 33. Actions in the cases of infringements provided for in Law 6/2015 of 12 May.

In the event that the Food and Control Agency finds, in the exercise of its functions or as a consequence of the complaints filed, facts that may constitute an infringement provided for in Law 6/2015, of 12 May, shall initiate the appropriate sanctioning procedure of its own motion and, after appropriate instruction, propose to the competent authority the resolution to be taken. "

Final disposition third. Amendment of Royal Decree 164/2014 of 14 March 2014 laying down additional rules for the production, description, presentation and labelling of certain spirit drinks.

The definition of "Pacharan" contained in the additional provision of Royal Decree 164/2014 of 14 March 2014 is deleted.

Final disposition fourth. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence on the basis and coordination of the general planning of the economy.

Final disposition fifth. Faculty of development.

The Minister of Agriculture and Fisheries, Food and the Environment are empowered to make the necessary provisions in relation to the annexes to this royal decree.

Final disposition sixth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 17, 2017.

FELIPE R.

The Vice President of the Government and Minister of the Presidency and for Territorial Administrations,

SORAYA SAENZ DE SANTAMARIA ANTON

ANNEX I

ANNEX II

ANNEX III