AICA is the National Control Authority for the Chain Law and is a point of contact with the Community implementing authorities and with the Commission. To this end, it works in coordination with the autonomous control authorities.
Cooperation at the national level
AICA actively collaborates with other entities at the national level with competencies to ensure the effective enforcement of the Chain Law, as well as with other bodies that, in the exercise of their functions, may require their collaboration and/or experience.
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- The Cooperation Committee of the Implementing Authorities
- Transfer of trace reports between enforcement authorities
Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair commercial practices in business-to-business relationships in the food and agricultural supply chain provided that Member States were to designate regional implementing authorities. With the amendment of the Chain Law in 2021, this obligation was included and the creation of a Cooperation Committee to coordinate control actions between the autonomous enforcement authorities and AICA, which is also the point of contact with the European Commission.
On February 16, 2022, the constitution of the Cooperation Committee of the Implementing Authorities was formalized at its first plenary meeting. Since then, two working groups have been established, the Working Group of the Implementing Authorities of the Cooperation Committee and the Working Group of the Plan of Controls on Procurement and Milk Sector Declarations (Raw Milk), which hold regular meetings for the coordination of their actions.
Within this framework, the first pilot programme of cooperation between the implementing authorities has been established, with the aim of strengthening coordination in the exercise of the inspection function and making progress in an effective improvement of the application of Law 12/2013, of 2 August.
Annually, technical sessions are held in person at the National Agrarian Training Centre, which provide an overview of the organization and operation of the Cooperation Committee, and the sharing of data on the controls carried out in the previous year, as well as those planned for the current year.
In addition, AICA reports on the meetings held with the European Commission and other Member States and on the regulatory developments expected in this area.
Finally, both AICA and representatives of CCAA exchange experiences related to compliance with the measures set out in Law 12/2013, of 2 August.
Regular meetings of the Committee ' s working groups are also held with specific objectives for each group.
As a consequence of the distribution of competences described in the Article 26 of Law 12/2013, of 2 August, AICA and the competent bodies of the autonomous communities (executing authorities), the reports of indications and the investigations carried out in their case, are transferred to the competent body to exercise the sanctioning power. In accordance with the provisions of article 26.1 of Law 12/2013, of August 2, it is the General Administration of the State to exercise the sanctioning power when:
- The contracting parties have their respective main social headquarters in different autonomous communities.
- The contract affects an area superior to that of an autonomous community due to the foreseeable traceability of the majority of the product object of the contract.
- When one of the parties to the contract does not have its main registered office in Spain.
Article 26.2 of Law 12/2013, of August 2, establishes that it will be the competent bodies of the autonomous communities to exercise the sanctioning power in the remaining cases.
If during its control actions, an authority of an Autonomous Community detects breaches of an operator outside its area of competence, it will transfer the report to AICA to proceed to carry out the checks and/or initiate the appropriate sanctioning file.
If, as a result of the investigations carried out by AICA, it is determined that the sanctioning competence belongs to a certain autonomous community, the corresponding report is transmitted to them so that they can proceed to the beginning of the sanctioning procedure, where appropriate.
You can learn more about the activity developed here.
In the exercise of its functions, AICA collaborates with other bodies and agencies at the national level.
- Observatory of the Food Chain
- National Commission on Markets and Competition
- Others
With the approval of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain, the Food Chain Observatory is created as a collegiate body attached to the Ministry of Agriculture, Fisheries and Food, through the General Directorate of Food. Its composition and functioning are developed in the Royal Decree 64/2015, of 6 February, partially implementing Law 12/2013.
The Food Chain Observatory operates in plenary, in the Executive Committee and in the Working Groups that are created for this purpose.
In the plenary session, the most representative organizations and associations of the food chain are present, from the producer to the final consumer, and the Administration itself, so that this Observatory becomes a participatory instrument that allows to identify lines of improvement of operation, efficiency and updating in the food chain.
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If AICA detects any activity that could constitute an infringement of the antitrust regulations, it will transfer it to the National Commission of Markets and Competition along with the actions carried out.
Directorate General of Food (DGA).
AICA works in coordination with the Directorate General of Food in the competences related to the improvement of the functioning of the food chain, facilitating the generation of value and its distribution among the different operators of the food chain. Likewise, it works in coordination with the DGA to elaborate the proposals that allow to establish the Spanish position before the European Union in the field of unfair commercial practices in the food chain.
AICA can initiate ex officio the appropriate sanctioning procedure derived from the complaints filed by the interprofessional organizations for non-compliance with the payments of the mandatory contributions established in the extension of the norm for the sectors of olive oil, table olive, orujo, dairy, wine. To that end, it shall submit the appropriate motion for a resolution to the Directorate-General for Food, the competent authority of the Ministry of Agriculture, Fisheries and Food.
State Observatory of Private Delinquency.
Royal Decree 962/2013, of 5 December, creating and regulating the State Council for Small and Medium-sized Enterprises, created this collegiate consultative, advisory and collaborative body in matters affecting small and medium-sized enterprises to promote and facilitate their creation, growth and development of competitive advantages.
In addition, it established that the Government will create and regulate the operation of a State Observatory on Private Late Payments in its framework for monitoring the evolution of payment data and promoting good practices in this field.
AICA participates in the Observatory for the purpose of preparing the annual report referred to in Article 13 of the Royal Decree on the situation of payment terms and late payments in commercial transactions between private companies, which allows to analyze the results and effectiveness of the system of payment terms regulated in Law 3/2004, of 29 December, which establishes measures to combat late payments in commercial transactions, and those included in other sectoral regulations of application, in terms of reducing payment terms and improving the culture of payment between companies and professionals.
Contact of Enforcement Authorities in the Autonomous Communities
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