Regulatory Council of D.O. Oil
ORDER of February 3rd 2000, amending Order of August 25th 1999, of the Department of Agriculture, by which the Regulation of the Designation of Origin "Aceite del Bajo Aragón" is approved.
In response to the application for the recognition of the Designation of Origin "Aceite del Bajo Aragón" made by the Asociación para el Desarrollo del Aceite del Bajo Aragón (Association for the Development of Bajo Aragon Oil), which wishes to obtain a specific regulation to guarantee the quality of its production and the protection of the geographical name by which its product is known, Order of June 9th 1999 by the Department of Agriculture and the Environment designated a provisional Regulatory Council with the aim of formulating a Designation Regulation project, pursuant to the procedure set forth in article 84 of Law 25/1970, of December 2nd, on the Statute on Vineyards, Wine and Alcohols.
Now that the suitability and appropriateness of granting recognition to the Designation of Origin "Aceite del Bajo Aragon" has been approved and the Regulation of the Designation drafted, it is deemed appropriate to approve this regulatory standard that constitutes the basic institutional rules of the Designation of Origin. The Regulation approved through the present order is thus a decisive, if not definitive, step for the constitution of the Designation of Origin "Aceite del Bajo Aragon"
When the Designation of Origin "Aceite del Bajo Aragón" has been approved by the present Regulation and its Regulatory Council has been constituted, its definitive establishment depends on what the Commission of the European Union manifests in this regard. Until such judgment is pronounced and having requested the Ministry of Agriculture, Fisheries and Food to make the communication to the Commission to complete the necessary formalities, in accordance with what is established in Royal Decree 1643/1999, of October 22nd and with the aim of making the protection scheme applying to Designations of Origin in Spanish and Community legislation immediately effective for the Designation of Origin "Aceite del Bajo Aragón", the temporary protection referred to in article 5.5 of Regulation (EEC) 2081/92 of the Council of July 14th 1992 relating to the protection of the Geographical Indications and Designations of Origin, drafted pursuant to Council Regulation (EEC) 535/97, of March 17th, which amends Regulation (EEC) 2081/92, is granted.
Article 35.1.13º of Aragon's Statute of Autonomy acknowledges the Autonomous Region of Aragon's exclusive competence in matters of Designations of Origin. The current regulation in the matter is based on what is set forth in Law 25/1970, of December 2nd, of the Statute on Vineyards, Wine and Alcohols, and its Implementing Regulation approved by Decree 835/1972, of March 23rd. This initial regulation, now largely superseded, has gradually been completed by another series of provisions such as Royal Decree 728/1988, of July 8th, which establishes the regulations to which the Specific and Generic Designations of Origin of non-wine agrifood products must respond and, above all, the various regulations of the European Union, which have either direct or indirect influence in matters of Designations of Origin. This is particularly the case of the Council Regulation (EEC) 2081/92, of July 14th, relating to the protection of Geographical Indications and of Designations of Origin of agricultural and food products and Council Regulation (EEC) 535/97 of March 17th, which amends Regulation (EEC) 2081/92.
Wherefore, I hereby order:
Single Article.-The approval of the Regulation of the Designation of Origin "Aceite del Bajo Aragón", which is published as an appendix to this Order.
First.-To grant to the Designation of Origin "Aceite del Bajo Aragón", until such time as a Community decision regarding the registration of the said Designation of Origin is made, the transitory protection referred to in article 5.5 of Council Regulation (EEC) 2081/92 of July 14th 1992 relating to the protection of Geographical Indications and of the Designations of Origin of agricultural and food products.
Second.-Until such time as the Regulatory Council is constituted in the terms set forth in this Regulation, the Provisional Regulatory Council appointed by Order of June 9th 1999 of the Department of Agriculture and the Environment shall assume its functions.
Single final provision: The present Order shall come into force on the day following its publication in the "Official Gazette of Aragon".
The Minister of Agriculture, GONZALO ARGUILE LAGUARTA
APPENDIX: Regulation of the Designation of Origin "ACEITE DEL BAJO ARAGÓN" and of its Regulatory Council
CHAPTER I GENERAL CONSIDERATIONS
Article 1.--Definition of "Aceite del Bajo Aragón".
The denomination "Aceite del Bajo Aragón" is used to designate the extra virgin olive oil made from olives of the varieties Empeltre, Arbequina and Royal, the cultivation, processing and bottling of which take place in the production, transformation and packaging area referred to in this Regulation.
Article 2.-Scope of protection.
1. The protection is granted only and exclusively to the Designation of Origin and geographical name Bajo Aragón when applied to oils.
2. The Designation of Origin name shall be used in full; that is with the three words comprising it, in the same order and using the same characters.
3. The Designation of Origin "Aceite del Bajo Aragón" shall not be applied to any kind of oil other than the oil protected by this Regulation. It is forbidden to use names, marks, terms expressions and signs whose phonetic or graphic similarity with the protected name are liable to give rise to confusion with the designation protected by this Regulation, even if they are preceded by terms such as "type", "flavour", "style", or other analogous terms.
4. The defence of the Designation of Origin, the application of its Regulation, supervision of compliance thereof and the promotion and control of the Quality of the protected oils are entrusted to the Designation of Origin Regulatory Council, the Department of Agriculture del Government of Aragon and the Ministry of Agriculture, Fisheries and Food in the sphere of their respective competences.
CHAPTER II ON THE PRODUCT
Article 3.-Appropriate varieties.
1. The olive varieties appropriate for the processing of the oils protected by the Designation of Origin "Aceite del Bajo Aragón" are Empeltre, Arbequina and Royal, of the species Olea europea L. Of these varieties, Empeltre shall amount to at least 80 per cent of the varieties used in the processing of the protected oils and Arbequina and Royal shall not be in excess of 20 per cent.
2. The Regulatory Council may propose to the Department of Agriculture the authorisation of new varieties, which, following appropriate tests and experiments, prove to give the same characteristics as the oils of the Designation of Origin.
Article 2.-Characteristics of the oils.
1. Oils of the extra virgin category that fulfil the following characteristics will be protected by the Designation of Origin "Aceite del Bajo Aragón":
- Appearance. Clear with no indication of cloudiness, turbidity or sediment that detract from its transparency.
- Colour. Yellow, ranging from golden to old-gold yellow.
- Flavour. Fruity taste at the beginning of the campaign, with slightly almondy hints, no bitterness, rather sweet and slightly peppery.
- Minimum tasting panel score: 6.5.
- Maximum acidity (% Oleic ac.) 1.00.
- Maximum peroxides (meq. O2/kg.): 20.
- K270 maximum (n.m.): 0.15.
- K232 maximum (n.m.): 2.00.
- Maximum humidity and volatiles (%): 0.15.
- Maximum impurities (%): 0.10.
CHAPTER III ON PRODUCTION
Article 5.- Production Area.
1. The olives protected by the Designation of Origin "Aceite del Bajo Aragón", shall be produced on lands located in the production area referred to in section 2 of this article, which the Regulatory Council considers appropriate for the production of oils of the required quality; such lands shall be registered in the Production Farms Register of the Regulatory Council.
The area of production of the olives protected by the Designation of Origin "Aceite del Bajo Aragón", comprises the following municipal areas:
Aguaviva, Berge, Fayón, La Puebla de Híjar, Samper de Calanda, Alacón, Bordón, Fórnoles, La Zaida, Sástago, Albalate del Arzobispo, Calanda, Foz-Calanda, Lledó, Seno, Alborge, Calaceite, Fuentes de Ebro, Los Olmos, Torrecilla de Alcañiz, Alcañiz, Cañizar del Olivar, Fuentespalda, Maella, Torre de Arcas, Alcorisa, Caspe, Gargallo, Más de las Matas, Torre de Compte, Alloza, Castelserás, Híjar, Mazaleón, Torrevelilla, Almochuel, Castelnou, Jatiel, Mequinenza, Urrea de Gaén, Almonacid de la Cuba, Castellote, La Cerollera, Molinos, Valdealgorfa, Andorra, Chiprana, La Codoñera, Monroyo, Valderrobres, Arens de Lledó, Cinco olivas, La Fresneda, Nonaspe, Valdeltormo, Ariño, Cretas, La Ginebrosa, Oliete, Valjunquera, Azaila, Crivillén, La Mata de los Olmos, Parras de Castellote, Vinaceite, Beceite, Escatrón, La Portellada, Peñarroya de Tastavins, Belchite, Estercuel, Lagata, Quinto de Ebro, Belmonte de San José, Fabara, Letux, Ráfales.
3. The Regulatory Council will carry out the qualification of the lands so as to be in a position to consider them appropriate for the production of olives protected by the Designation of Origin and their inclusion in the Production Farms Register; they shall be clearly marked in the cartographic documents of the said Register.
Article 6.-Cultivation practices.
The following practices shall be included among the cultivation practices:
Soil maintenance. In spring and summer, shallow tillage operations shall be carried out.
Fertilisation.-Doses in excess of 1 Kg of N2/tree shall not be applied and ammonia treatment shall be applied at the onset of winter.
Pruning.-Pruning shall be light in young plantations, with some branch clearing from the 4th year to allow light to reach inside the crown of the tree and new shoots to appear. In adult plantations, severe pruning that devitalises the tree shall be avoided, enabling the leaf/wood ratio to be maintained. Rejuvenation pruning shall be carried out to encourage the appearance of new shoots and the planting of new tree structures.
Harvesting.-Harvesting shall take place from mid November, when there are no unripe olives left on the trees, by means of "milking" or shaking of the branches. Olives that have fallen on to the ground without any action on the part of the farmer are not allowed for the Designation of Origin as they are liable to be affected by pests and disease; neither are those collected by means or techniques that damage the structure of the fruit allowed. The olive-oil mills shall schedule harvesting in such a way as to avoid the accumulation of olives intended for oil extraction.
CHAPTER IV ON PROCESSING AND PACKAGING
Article 7.-Processing and packaging area.
1. The processing and packaging area of oils protected by the Designation of Origin "Aceite del Bajo Aragón" is formed by the municipal areas that comprise the production area.
2. Processing and packaging shall only be carried out within industries located in the processing and packaging area that are duly registered in the Processing and Packaging Industries Register of the Regulatory Council.
Article 8.-Oil Processing.
1. The processing of the oil shall include the following practices:
Transport of the olives.--The transport of the olives from the field to the extraction industries shall take place in such a way as to avoid the epidermis of the fruit being damaged.
The carrier shall provide evidence of the origin of the olives at the reception point in the extraction industries.
Reception of the olives.--The industries shall record the amount of olives received, the producer's name and the land of origin in their respective books.
Separation of products.--The industries shall keep olives intended for the Designation of Origin separately from the rest of the olives. Oil extraction and storage shall also be carried out independently.
Oil extraction.--The oil shall be extracted within a maximum period of 48 hours following harvesting. The process shall comprise the following phases:
- Washing of the olives to eliminate any dirt remains, leaves, wood, etc., which might give rise to fermentations that would increase the degree of acidity and give rise to unpleasant tastes.
- Olive grinding, which can be carried out by crushing or mechanical mills.
- Beating of the paste to bring the drops of oil in the crushed paste into contact and form a continuous oil phase.
This operation shall be carried out at a maximum temperature of 30º C.
Phase separation.--In the separation of the solid (pomaces) from the liquid (vegetable water and oil) fraction, either of two procedures may be used:
--Traditional. This kind of phase separation takes place by means of pressing, solids separation and decanting. Pressing shall be a discontinuous process carried out in presses with pressing mats. Solid separation is carried out by means of vibrating screens.
Decanting, which is the process of separating the oil from the vegetable water through density difference by means of a battery of tanks; the process shall be carried out in areas in which the temperature is around 20º C.
--Continuous. With this system, phase separation takes place by means of centrifuges.
Oil storage.--The oil obtained must be left to stand for a maximum period of two days and subsequently has to be transferred to other tanks from which it will be transferred once more depending on the precipitations that take place.
2. Processing and packaging industries that have production lines for oil other than the oil protected by the Designation of Origin shall clearly indicate this fact when they register and they will be subject to the standards established in the Regulatory Council Procedure Manual to control these products and guarantee, in all cases, the Origin and Quality of the oils protected by the Designation of Origin.
Article 9.-Oil Packaging.
1. Oils intended for protection by the Designation of Origin shall be subject to a suitability evaluation system involving physical-chemical and organoleptic analysis, bearing in mind the requisites established in this Regulation and those contained in the Regulatory Council Procedure Manual.
2. Oils classified as "appropriate" by the authorised packaging industries shall be marketed in recipients of a maximum capacity of five litres that do not detract from their Quality or prestige and that are approved by the Regulatory Council.
3. Whatever kind of recipient the oils are marketed in for consumption, the labels shall bear the inscription "Designación de Origen Aceite del Bajo Aragón", together with the numbered label granted by the Regulatory Council, the function of which is to act as a certificate and enable the product to be traced during marketing.
4. Oils that have not been certified by the Regulatory Council will not be protected by the Designation of Origin.
CHAPTER V ON REGISTERS
Article 10.--Regulatory Council Registers.
1. All the oil production facilities and the industries whose products are intended for the Designation of Origin "Aceite del Bajo Aragón" must be registered in the relevant Regulatory Council Registers.
2. The Regulatory Council will keep the following Registers:
- Production FarmsRegister.
- Processing and Packaging Industries Register.
Article 11.--Production Farms Register.
1. In the Production Farms Register all the plots located in the production area that are capable of producing olives of the varieties indicated in article 3 of this Regulation, are likely to be protected by the Designation of Origin "Aceite del Bajo Aragón" and fulfil the requisites set forth in this Regulation.
2. The following details must appear in the registration:
- Name of the owner, address, National Identity Document or Tax Identification Number.
- Number and cadastral map of the plots for which registration is requested.
- Area, planting pattern and varieties planted in each plot.
- Any other information required for optimum identification and qualification.
3. The Production Farms Register shall have maps in which the plots registered are reflected.
Article 12.--b) Processing and Packaging Industries Register.
Industries that are established in the production area and that prepare and pack oils that are likely to be classified as "Aceite del Bajo Aragón" and protected by the Designation of Origin can register in the Processing and Packaging Industries Register.
The following details must appear in the registration:
- Name of the company, address and Tax Identification Number.
- Registration number(s).
- Any other information required for optimum identification and qualification.
1. Applications for registration shall be submitted to the Regulatory Council, together with the data, main documents and supporting documents that are required by current regulations in each case, indicated on the forms provided by the Regulatory Council.
2. For registration in the Registers, applicants, whether individuals or legal entities, must fulfil the requisites established in this Regulation. The Regulatory Council will reject any registration application that fails to fulfil the requirements of the Regulation.
3. Any variation in the data registered must be communicated to the Regulatory Council for updating purposes; the Council may check and verify the veracity of registration data.
4. Registration in the Registers will be valid for three years and may be renewed at the applicant's request upon expiry of this period, provided the activity has been maintained and any controls established by the Regulatory Council in its procedure manual are passed.
5. Registration in these Registers does not exonerate applicants from their obligations with respect to other established registrations of a more general nature and in particular agricultural and food industry and health Registers of the Regional Council of Aragon, the certification of which must accompany the registration application to the Regulatory Council.
CHAPTER VI RIGHTS AND OBLIGATIONS
Article 14.-Rights holders.
1. Both belonging to the Designation of Origin and being removed from it are a right of all the producers of the protected geographical production area, who voluntarily undertake to comply with what is established in this Regulation.
2. Only individuals or legal entities registered in the relevant Registers shall produce oils with the Designation of Origin "Aceite del Bajo Aragón".
3. The Designation of Origin "Aceite del Bajo Aragón" shall only be applied to oils that have been certified by the Regulatory Council.
4. Individuals or legal entities running the installations or industries registered in the Registers may use the name of the Designation together with that of their trade marks or indications, subject to authorisation from the Council.Such authorisation must be sought, attaching the documents required by the Regulatory Council, with express indication of assumption of responsibility for all matters involved in the use of this name in oils protected by the Designation of Origin.
5. To exercise any right granted by this Regulation or to avail of the services provided by the Regulatory Council, individuals or legal entities registered in the Register must be up to date with respect to the obligations set forth in this Regulation.
6. Individuals or legal entities registered in the Designation of Origin registers are obliged to pay the charges stipulated in this Regulation and to fulfil the rest of their obligations as established by current regulations, and also the provisions of this Regulation and of the agreements adopted by the Regulatory Council within its sphere of competence.
Article 15.-Rights regarding the presentation and advertising of the products.
1. Only individuals or legal entities registered in the Regulatory Council Registers may use the Designation of Origin name "Aceite del Bajo Aragón" in their products, their advertisements, documents or labels.
2. Trade marks, symbols and advertising slogans or any other kind of advertising used with respect to "Aceite del Bajo Aragón", shall not be used in the marketing of other oils.
3. Likewise, the Regulatory Council can authorise the facilities or industries regulated in the Designation Registers to use a distinctive sign in their facilities, alluding to the fact that they belong to the Designation of Origin.
4. Before the labels are brought into circulation, they must be authorised by the Regulatory Council for the purposes referred to in this Regulation. Approval will not be granted of any labels liable to give rise to confusion for the consumer for any reason whatsoever. Authorisation of those granted previously may also be withdrawn when the circumstances that gave rise to such authorisation have changed, following a hearing with the affected party.
Article 16.-Product Separation
The industries registered in the relevant Register must situate the protected oils by the Designation of Origin, in such a way as to identify them clearly so that they can remain separate from the rest of the products during the period of processing and packaging .
Article 17.-Internal Control.
1. The individuals or legal entities registered in the Regulatory Council Registers that supply oils protected by the Designation of Origin "Aceite del Bajo Aragón" shall establish an internal control system to guarantee that the products do not deviate from the established regulations.
2. The internal control system shall reflect the entire production or marketing process in documentary fashion in the facility or industry notebooks, in accordance with the models established by the Regulatory Council.
Article 18.--Controls for certification.
1. All the individuals or legal entities registered in the Registers and their products will be subject to control by the Regulatory Council's certification body with the aim of checking that the oils that are entitled to use the Designation of Origin "Aceite del Bajo Aragón" comply with the requisites of this Regulation.
2. The controls will be based on inspections of the facilities, checking of the documents and analysis of the products, in accordance with what is established in the Regulatory Council Procedure Manual.
3. When, following the control process carried out by the certification body, it is determined that the oils comply with the terms of the Designation of Origin "Aceite del Bajo Aragón", the Regulatory Council will certify such compliance by granting the sales companies numbered labels so that the product can be traced throughout the marketing process. These labels shall in all cases be put in place before the oils are dispatched.
4. When the Regulatory Council certification body discovers that the products have not been obtained in accordance with the requisites of this Regulation, the products shall not be marketed under the protection of the Designation of Origin "Aceite del Bajo Aragón", without prejudice to the penalty enforcement procedure described in chapter VIII of this Regulation.
CHAPTER VII ON THE REGULATORY COUNCIL
Article 19.--Regulatory Council.
1. The Regulatory Council is a local representative body dependent on the Department of Agriculture, with decision-making powers in whatever functions are granted it in this Regulation, in accordance with what is determined in current legislation.
2. Its sphere of competence will be determined:
- With respect to the territory, by the respective production, processing and packaging areas.
- With respect to the products, by those protected by the Designation of Origin in any of its phases of production, circulation, handling, processing and marketing.
- With respect to the people, by those registered in the different Registers.
3. The Regulatory Council headquarters will be in Alcañiz (Teruel).
Article 20-Regulatory Council Functions.
1.-It is up to the Regulatory Council:
- To control the production, processing and packaging of the oils protected by the Designation of Origin.
- To guarantee the prestige of the Designation of Origin and persecute improper use.
- To keep the Designation of Origin Registers.
- To monitor the entry and exit of the product in the processing and packaging facilities.
- To issue Certificates of Origin and guarantee seals.
- To manage Designation of Origin charges and other financial resources.
- To carry out generic promotion and advertising in order to expand its markets and also to promote the establishment of interprofessional collective agreements between the owners of the facilities and industries registered.
- To represent and defend the general interests of the Designation of Origin, for which purpose it will act with full legal capacity.
- In general, to perform whatever functions are delegated to it by the Administration and the other functions granted by current regulations and the present Regulation; together with those that are required for checking compliance with the established regulations and certifying the compliance of "Aceite del Bajo Aragón" with its Regulation, in accordance with standard EN 45.011.
1. The Regulatory Council shall be constituted by:
- A Chairperson appointed by the Minister of Agriculture, at the suggestion of the Regulatory Council.
- Five Council Members elected to represent the production sector; these shall be owners of facilities registered in the relevant Registers of the Regulatory Council.
- Five Council Members elected to represent the industrial sector of the Designation of Origin; these shall be representatives of industries registered in the relevant Registers of the Regulatory Council.
- Two members appointed by the Department of Agriculture, with special knowledge in the sphere.
3. The Minister of Agriculture will appoint a Vice Chairperson at the suggestion of the Regulatory Council, from among its members.
4. The Council shall have a Secretary appointed by the Council itself.
5. The Regulatory Council may agree to invite technical advisors and persons or representatives of bodies to its sessions whose attendance may be considered of value; such persons shall have the right to speak but not to vote.
1. It is up to the Chairperson:
- To represent the Regulatory Council.This ordinary representation is understood without prejudice to the specific granting of powers of representation of the Designation of Origin, for which purpose the Regulatory Council will be competent.
- To arrange the convening of ordinary and extraordinary sessions and the establishing of the agenda, bearing in mind, where relevant, any requests that other members have made with sufficient notice.
- To chair Council sessions, guide the development of the debates and suspend them with just cause, submitting to it the issues regarding which it is competent, for decision purposes.
- To resolve ties with his or her vote, in order to adopt agreements.
- To ensure compliance with legal and regulatory provisions.
- To endorse minutes and certifications of Council agreements and execute the agreements adopted.
- To administrate the Regulatory Council's income and funds and order payments.
- To organise the Council's internal rules, except for those concerning the control and certification process.
- To hire, suspend or renew Regulatory Council personnel, following agreement of the Council.
- To inform the higher bodies and the Regulatory Council of any incidents that arise in production and in the market.
- To submit to the Regional Council of Aragon any agreements reached by the Council for general fulfilment by virtue of the powers granted by this Regulation and any agreements that it considers the Council should be aware of due to their particular import.
- Any other functions that the Council agrees to or that are granted it by the Department of Agriculture of the Regional Council of Aragon.
2. In the event of vacant office, absence, illness or any other legal reason, the Chairperson shall be substituted by the Vice Chairman or, failing this, by the most senior and oldest Member, in this order.
3. The Chairperson's term of office shall be four years and he or she may be re-elected.
4. The Chairperson shall cease his or her functions when the term of office has come to an end, upon resignation, incapacity, decease or dismissal ordered by the Ministry of Agriculture.
Article 23.--Council Members.
1. It is up to the Council Members:
- To receive, with at least 48 hours' notice, the convocation containing the agenda of meetings. The information on the issues appearing on the agenda shall be made available to the Council Members within a similar period.
- To participate in the debates at the sessions.
- To exercise their right to vote and formulate their individual vote and also to explain the meaning of their vote and the reasons behind it.
- To formulate any other business.
- To obtain the necessary information to fulfil the functions allocated.
- Other functions that prove to be inherent to their status.
2. The Council Members shall be renewed every four years and may be re-elected. A substitute shall be appointed for each Council Member; these shall be elected in the same way as Members themselves and shall belong to the same sector as the Council Member they are to substitute.
3. In the event of termination of office of a Council Member for any reason, a substitute shall be appointed in the manner established; however, the term of office of the new Council Member shall only last until the next Council renewal.
4. Any Council Member who, in the course of office, is penalised for serious infringement of the matters regulated by this Regulation will be removed from office, either in person or in the form of the firm they represent. Council Members who break ties with the sector or company they represent will also be removed from office, together with those who are absent from three consecutive sessions or five alternate ones without just cause or those who cease to be registered in the Regulatory Council Registers.
5. Regulatory Council Members shall not assume the representation functions granted to the Council unless they have expressly been granted such powers by a rule or agreement validly adopted in each case by the Council itself.
1. It is up to the Secretary of the Regulatory Council:
- To prepare the work of the Council and deal with the execution of its agreements.
- To attend sessions, with a right to speak but not to vote, convene meetings, draft and authorise the minutes of the sessions and look after the Council books and documents.
- To receive the documents of communication of the Council Members with the Council and, therefore, the notifications, requests for data, rectifications or any other kind of written communication of which it should be aware.
- To issue consultation certifications , reports and approved agreements.
- To deal with issues relating to the Body's internal rules.
- To perform the functions that are granted him or her by the Chairperson or the Regulatory Council in relation to with the preparation or instrumentation of the matters of competence of the Council.
1. The Regulatory Council may operate in Plenary Session and as a Standing Committee.
2. A Plenary Session is formed by the Chairperson, the Secretary and the Council Members.
3. The Standing Committee will be formed by the Chairperson, the Secretary and a minimum of two Council Members, elected s by a majority of the Plenary Session members.
Article 26.-- Council Sessions.
1. The Council shall meet when called by the Chairperson, either on his or her own initiative or at the request of one third of the Council Members; it will be compulsory to hold a session at least once a quarter.
2. For the Regulatory Council to be validly constituted in order to hold sessions, make deliberations and reach agreements, the presence of the Chairperson and Secretary, or, where relevant, those substituting them, will be required, together with at least half of its members.
3. Regulatory Council sessions shall be convened with at least 48 hours' notice and the agenda must accompany the summons. If need be, when the Chairperson deems that the urgency of a particular matter so requires, the Council Members may be convened with at least 24 hours' notice.
4. An issue that does not appear on the agenda shall not be the subject of deliberation or any kind of agreement, unless all the members of the collegiate body are present and the urgency of the issue is declared by the vote in favour of the majority.
5. When a member is unable to attend a Regulatory Council session, he or she shall notify the secretary.
6. Regulatory Council agreements shall be adopted by the majority of members present. For such agreements to be valid, more than half of the members comprising the Council must be present.
7. In any event, the Council will be validly constituted when all of its members are present and they so agree unanimously.
8. Regulatory Council sessions at which a proposal for a new Chairperson is being studied shall be chaired by the eldest Member. In this case, his or her vote will not be qualified to settle possible ties.
Article 27.-Standing Committee.
1. The Standing Committee may be constituted to solve matters of procedure in any case in which the Regulatory Council deems necessary. During the session at which the constitution of such a Standing Committee is agreed, the functions allocated to such a Committee shall also be agreed.
2. An account of all the debates and agreements of the Standing Committee shall be given to the Full Regulatory Council at the first session held subsequently.
Article 28.-Certification Activities.
1. The Regulatory Council shall have the necessary means and the written procedures reflected in a Procedure Manual, to enable it to develop its product control and certification system in accordance with the terms established in standard EN 45011 and in this Regulation.
2. To fulfil its aims, the Regulatory Council may have its own Supervisors, previously authorised by the Department of Agriculture, with inspection powers on the fruit farming facilities and industries registered in the Regulatory Council Registers, and on the oils protected by the Designation of Origin.
Article 29.-Publishing of Regulatory Council Agreements and resources.
1. The publishing of the Regulatory Council Agreements shall take place through notifications and publications in the terms established in the Law governing public administrations and common administrative procedure (Ley de Régimen Jurídico y Procedimiento Administrativo Común).
2. In opposition to the agreements adopted by the Regulatory Council an appeal may be lodged before the Minister of the Department of Agriculture of the Government of Aragon.
3. Regulatory Council agreements that affect the rights and obligations of those registered in the Registers must be approved by the Department of Agriculture of the Government of Aragon.
Article 30.-Economic Resources.
To fulfil their functions, Regulatory Councils may avail of the following financial resources:
- Any subsidies, legacies and donations they receive.
- Any parafiscal charges it collects pursuant to article 90 of Law 25/1970, in the terms stipulated in article 31 of this Regulation.
- The products and sales of its assets.
Article 31.-Parafiscal charges.
1. It is up to the Regulatory Council to collect the following parafiscal charges:
- Annual charge on the fruit farming facilities registered in the Production Farming Register.
- Charge on the products protected.
- Charge in respect of fees for issuing of certificates of origin, labels, endorsements, stamping operations or any other kind of document certifying the Designation of Origin of the products.
2. The basis for the charges will be, respectively:
- The product of the number of hectares registered in the name of each party involved and the average value in pesetas of the production of one hectare in the area in the previous campaign.
- The value resulting from the multiplication of the average price of the protected product unit by the volume produced.
- The documented value.
3. The applicable taxation rates will be as follows, respectively:
- 1.5% of the oils produced.
- One hundred pesetas for each certificate or endorsement of invoices and double the cost price for labels or back labels.
4. The parties liable to pay the charges outlined in sections a) and b) of paragraph one of this article will be as follows, respectively:
- The owners of the registered production facilities.
- The owners of the registered processing and packaging industries.
- Applicants for certificates, endorsements, stamping operations, labels or back labels or any other kind of document certifying the Designation of Origin of the products.
3. The Regulatory Council will be responsible for the management of the income and expenditure that appear in the budgets.
CHAPTER VIII PENALTY ENFORCEMENT PROCEDURE
Article 32.--Infringements and penalties.
1. Failure to comply with the provisions of this Regulation will be penalised in accordance with what is established in Law 25/1970, of December 2nd "Statute on Vineyards, Wine and Alcohols", and its Implementing Regulation as approved by Decree 835/1972, of March 23rd, by Royal Decree 1945/1983, of June 22nd, which regulates infringements and penalties in matters of defence of the consumer and of food production, by Law 30/1992, of November 26th, governing the public administrations and common administrative procedures and Law 4/1999, amending Law 30/1992, and by Royal Decree 1398/1993, of August 4th, by which the legal authority to impose penalties is regulated.
2. Without prejudice to the other infringements and penalties stipulated in the regulations referred to in the previous paragraph, and pursuant to section 2 of article 129 of Decree 835/1972, violations of this Regulation by parties registered in the Designation of Origin Registers will be classified as follows:
A) Minor administrative misdemeanours: In general, these misdemeanours amount to inaccuracies in the declarations, Register books or control documents that guarantee the Quality or specificity of the products and especially the following:
- Falsifying or omitting the data and justifying documents required in each case from the declarations for registration in the different Registers.
- Failing to inform the Regulatory Council immediately of any variation that affects the data provided at the time of registration in the Registers.
- Omitting or falsifying data relating to the production or movement of products.
- Any other infringements of the Regulation or the agreements of the Regulatory Council in matters referred to in this section A).
The minor administrative misdemeanours referred to in this section will be penalised with a disciplinary measure or fine in the sum of 1% of the value of the goods involved.
B) Infringements of what is established in the Regulation on the production, processing, characteristics and sale of protected oils:
- Failure to comply with the rules governing practices of cultivation, processing, conservation and packaging established by this Regulation, or with any additional rules adopted by the Regulatory Council.
- Dispatch of oils without the correct Regulatory Council certification.
- Failure to comply with the other provisions of the Regulation or with the Regulatory Council agreements on the matters referred to in this section B).
The Infringements referred to in this section B) will be penalised with fines in the sum of 2 to 20% of the value of the products involved and with confiscation.
C) Infringements involving improper use of the Designation of Origin or acts liable to cause it damage or loss of prestige:
- The use of company names, trade names, trademarks, symbols or emblems that refer to the Designation of Origin or to the name protected by it, in the marketing of oils that are not protected.
- The use of the Designation of Origin in oils that have not been produced, conserved or packaged in compliance with the rules established by this Regulation, or that have not obtained the conformity certificate due to the fact that they do not fulfil the physical-chemical and organoleptic characteristics that must necessarily characterise them.
- The use of trade names, trademarks or labels that have not been approved by the Regulatory Council, in the cases referred to in this section C).
- Improper negotiation or use of the documents, labels, etc. pertaining to the Designation of Origin, together with forgery of such documents, labels, etc.
- The dispatch of oils that do not respond to the Quality characteristics mentioned in their marketing media.
- The dispatch, circulation or marketing of oils protected by the Designation of Origin that do not bear the numbered labels or the control means established by the Regulatory Council.
- The carrying out of processing, storage, packaging and labelling operations in facilities that are not registered with the Regulatory Council.
- Failure on the part of those liable for each of the charges to pay the parafiscal charges stipulated in this Regulation.
- In general, any act that contravenes what is stipulated in this Regulation or in the Council agreements, in the matters referred to in this section C).
Infringements due to improper use of the Designation of Origin by committing acts that are liable to cause it damage or loss of prestige as referred to in this section C) will be penalised with a fine of between 20,000 pesetas and double the value of the goods or products involved, when this value exceeds the said amount, together with confiscation of the goods or products involved.
3. In cases of serious infringement, as well as the penalties established in sections B) and C) the offender may be suspended temporarily from using the Designation of Origin or be removed from the Designation Registers, pursuant to what is established in article 129 of Law 30/1992 and in title V of Law 25/1970.
Temporary suspension of the right to use the Designation shall go hand in hand with suspension of the right to Council trademarks, labels and other documents. Such suspension will involve the exclusion of the offender from the Council Registers and, as a result, the loss of all rights inherent to the Designation of Origin.
4. Infringements of this Regulation committed by persons not registered in the Designation of Origin Registers are classified in the following manner:
- Improper use of the name of the Designation of Origin.
- The use of trade names, trademarks, expressions, signs and emblems, which, by their entity or graphic or phonetic similarity to the names protected by the Designation of Origin, or to its characteristic signs or emblems, may lead to confusion as to the nature and the origin of the products, without prejudice to the vested rights that are duly recognised by the competent Bodies.
- The use of the geographical names protected by the Designation of Origin on labels or product advertisements, even if such names are preceded by the terms "type" or other analogous terms.
- Any action that causes damage or loss of prestige to the Designation of Origin or that tends to lead to confusion for the consumer with respect to the Designation.
- Degree of application of penalties: The amount of the penalties will be determined in compliance with the following criteria:
- The sales volume.
- The damaging effect that the infringement might have caused on prices, consumption or use of the product or on the production sector itself.
- Fraud, negligence and recurrence.
- Refusal to provide information or collaborate with the control and inspection services.
1. The legal authority to impose penalties as provided for in this Regulation will be exercised by the following bodies:
- The initiation of the disciplinary action will apply in all cases to the Regulatory Council.
- The investigation of the disciplinary action will apply to the Regulatory Council, with the exception of cases that the Regulatory Council itself is competent to solve.
- The resolution of the disciplinary action will apply to:
- The Regulatory Council up to the amount of 50,000 pesetas.
- The Directors of the Provincial Department of Agriculture from the amount of 50,001 pesetas up to the amount of 2 million pesetas.
- The Director General with subject-matter jurisdiction, from the amount of 2 million and one pesetas up to five million pesetas.
- The Minister of Agriculture when the amount is in excess of 5 million pesetas.
2. In order to determine the amount referred to in the previous section, the amount of the fine shall be added to the value of the confiscated goods.
Article 34.-Penalty system applying to parties not registered in the Designation of Origin Registers.
Without prejudice to the application of the penalty system referred to this chapter for persons registered in the Regulatory Council Registers, persons not registered in the Regulatory Council Registers who fail to comply with what is stipulated in this Regulation will be penalised in compliance with what is stipulated in Royal Decree 1945/1983, of June 22nd, which regulates infringements and penalties in matters of consumer defence and agrifood production.