35242-MAG-HMEIC, Regulation to the Law for the Development, Promotion, and Fostering of Organic Agricultural Activity, of November 18, 2008, published in the Official Gazette La Gaceta No. 107 of June 04, 2009, are amended to read as follows:
"Article 33.-Requirements for the recognition of environmental benefits for organic agriculture:
For carrying out an activity that provides environmental services, and on a priority basis for natural and legal persons who are micro, small, and medium-sized farmers, as established in Article 23 of Law No. 8591 of August 14, 2007, who manage organic agricultural units, they shall have the right to payment for environmental benefits, for a maximum of three years, for which they must meet the following requirements:
- 1)Present a valid identity document of the natural person or the legal representative in the case of legal persons.
- 2)Present the application (solicitud) for payment for the recognition of environmental benefits for organic production, which is found in Annex 3.
- 3)Be registered as a natural or legal organic producer or in transition to organic before the Control Body of the State Phytosanitary Service, a condition that will be verified by the official responsible for receiving the application through the official website of the State Phytosanitary Service.
- 4)Present completely filled-out Form AI-01, which is found in Annex 1.
- 5)Present the original certification of a colones client account issued by an entity of the Costa Rican banking system in the name of the person requesting the incentive.
- 6)In the case of legal persons, provide the original certification of valid legal status (personería jurídica).
- 7)In the case of legal persons, be up to date in their employer-worker obligations with the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social) and the Family Allowances Development Fund (Fondo de Desarrollo de Asignaciones Familiares), a condition that will be verified by the official responsible for receiving the application, in the corresponding virtual office.
The requested requirements must be presented at the central offices of the Ministry of Agriculture and Livestock or at any of the MAG's Agricultural Service Agencies (Agencias de Servicios Agropecuarios).
In the cases of producers who have already been classified as micro, small, or medium producers, through this regulation, they shall not have to present the information from subsection 4 of this article and Annex 1 of this Regulation.
The indicated forms will be available to producers at the central offices and at the Agricultural Service Agencies of the Ministry of Agriculture and Livestock, as well as on the official website of the MAG." "Article 35.-Procedure for granting the non-tax incentive called Recognition of Environmental Benefits for Organic Agriculture:
To carry out the procedure for the recognition of environmental benefits for organic agriculture, the following procedure will be followed, for both natural persons and legal persons. The activities mentioned in subsections b) and c) of this article, are carried out in parallel:
- a)General Steps 1. The National Directorate of Agricultural Extension (Dirección Nacional de Extensión Agropecuaria) will begin receiving applications for the incentive for one calendar month. This period will take effect from the first business day of the calendar month indicated in the notice published in the official media of the MAG.
2. During that calendar month, the natural or legal person user must present the requirements mentioned in Article 33 of this decree at the office of the National Directorate of Agricultural Extension or any of the MAG's Agricultural Service Agencies. In the event that the submission of requirements is incomplete, the applicant may be prevented, once and in writing, from completing omitted requirements in the application or the procedure, or from clarifying information. For this purpose, they will have up to 10 business days to complete or clarify the prevention, as indicated in Article 6 of Law 8220 "Protection of Citizens from Excess Requirements and Administrative Procedures." Once this period has expired, the application will be rejected.
3. In the case of complete applications, the MAG's Agricultural Service Agencies will compile each of the admitted applications, digitize them, and share them online and in physical form with the Department of Organic Production (Departamento de Producción Orgánica) of the National Directorate of Agricultural Extension, within a maximum period of 31 calendar days following the last business day of the application receipt period.
4. Once the documentation is received by the Department of Organic Production, it will validate the information, create a file (expediente) for each of the applications, calculate the incentive, issue the allocation recommendation, and send it to the Director of the National Directorate of Agricultural Extension. To calculate the incentive, it must process all approved applications. This analysis must be carried out within a maximum period of 60 calendar days.
5. In the event that the Department of Organic Production considers that some clarification or update to the file is needed, the applicant will be notified at the email address indicated in Annex III of this decree.
The maximum period for making the clarification or update will be 10 business days. After that period, if they do not clarify or update the file, the application will be rejected.
6. Once the incentive allocation recommendation is received, the Director of the National Directorate of Agricultural Extension will issue endorsement of the proposal and manage the approval of the distribution by the Minister of Agriculture and Livestock, for which they will have 15 calendar days to issue said endorsement.
- b)Natural Persons In addition to following the steps established in subsection a) of this article, in parallel, while the applications of legal persons are also being analyzed, the following steps will be carried out for natural persons:
1. Once the approval of the Minister of MAG is obtained, the Director of the National Directorate of Agricultural Extension will forward the approved distribution proposal to the Legal Advisory Office (Asesoría Jurídica) of the MAG, within a period of 7 calendar days. The Legal Advisory Office will verify the personal file of each applicant and prepare the administrative resolutions (resoluciones administrativas) for the signature of the Minister within a period of 30 calendar days.
2. The Ministerial Office will send the signed resolutions to the Department of Organic Production, and this, in turn, will send them to the Financial Unit to proceed with the payment to each of the natural persons indicated in the administrative resolutions. For this, the Financial Unit will have a period of 90 calendar days.
3. Once the payments have been processed, the Department of Organic Production will archive the actions taken in the respective files.
- c)Legal Persons In addition to following the steps established in subsection a) of this article, in parallel, while the applications of natural persons are also being analyzed, the following steps will be carried out for legal persons:
1. The Director of the National Directorate of Agricultural Extension will prepare a budgetary modification proposal, which will be presented to the Financial Unit and processed before the Ministry of Finance. For this, a period of 90 calendar days will be available, which is subject to the publication of the Extraordinary Budget Law by the Ministry of Finance.
2. Once the Extraordinary Budget Law is published by the Ministry of Finance, the Department of Organic Production will verify the registration status of the legal persons before the Control Body of the State Phytosanitary Service, to verify its validity or status, within a period of 7 calendar days.
3. Once the registration status of the legal persons before the Control Body of the State Phytosanitary Service is corroborated, the Director of the National Directorate of Agricultural Extension will process, before the Legal Advisory Office, the administrative resolutions for the signature of the Minister for the payment to legal persons, within a period of 7 calendar days. The Legal Advisory Office will have a maximum period of 10 calendar days to carry out this activity.
4. The Ministerial Office will send the signed resolutions to the Department of Organic Production, and this, in turn, will send them to the Financial Unit to proceed with the payment to each of the legal persons indicated in the administrative resolutions. For this, the Financial Unit will have a period of 15 calendar days.
5. Once the payments have been processed, the Department of Organic Production will archive the actions taken in the respective files.
- d)Payment Disbursement and Deadline The payments will be disbursed via bank transfers. The maximum period that the MAG has to make the deposit to the beneficiary may not exceed two hundred fifty-eight (258) calendar days following the submission of the application." "Article 58. Procedure for the immediate recognition of certification and transition periods of less than three years:
- a)Immediate recognition of certification:
The immediate recognition of certification, in accordance with the first paragraph of Article 10 of Law No. 8591 of August 14, 2007, will apply to lands or plots on which no inputs or substances not permitted in the current organic production regulation have been used for at least three years prior to the request for immediate recognition. Likewise, in the case of established crops, it must be demonstrated that these, as well as the land or plot, have been managed under the principles of organic production; that is, they have not received application of substances or practices prohibited in organic legislation.
The producer may make the request for immediate recognition through a Certification Agency (Agencia Certificadora) or a Participatory Certification System (Sistema de Certificación Participativa).
It will be the responsibility of said entities, as the case may be, to approve the application in the first instance and to present the information and requirements immediately before the Control Body, and it will issue an official letter in which it approves or rejects the request for immediate recognition, as appropriate.
In the case of applications from GPOs, a number of 120 people per application may not be exceeded.
1. Requirements The information and requirements that must be presented before the Control Body are the following:
1.1. Formal request for the immediate recognition study for certification, signed by the producer in the case of a natural person, or by the legal representative in the case of a legal person or GPO.
1.2. Sworn declaration (declaración jurada) signed by the interested producer, with the information of each farm or land for which immediate recognition is requested, which must include: exact georeferenced address of the productive unit, total area of the farm and area for which immediate recognition is requested, a detailed description of the management history of each land and existing crops in the three years prior to the request, mainly related to all crops, inputs, raw materials, substances, and practices used.
1.3. Formal request for immediate recognition by the Certification Agency or the Participatory Certification System, signed by the legal representative.
1.4. Inspection report by the Certification Agency or the Participatory Certification System for each of the lands or plots covered by the request, guaranteeing that the land in question, for at least three years prior to the request, has not had inputs applied or practices not permitted in organic agricultural activity carried out on it, and that it has been managed in accordance with current organic regulations.
The information that the report must contain is described in Annex 4 of this regulation. In the case of the Certification Committees (Comités de Certificación) of the Participatory Certification System, they may request technical advice from the MAG for the preparation of the report.
1.5. Multi-residue analysis of pesticides and copies of the sampling record and chain of custody of the sample. In cases of lands or plots that do not have crops at the time of the request, the analysis must be carried out on the soil of the area subject to immediate recognition. For cultivated lands or plots, the analysis must be carried out on the first harvest to be certified; in cases where there is more than one crop on the land, a risk analysis must be carried out by the Certification Agency or the Certification Committee of the Participatory Certification System, as appropriate, to determine on which crop or crops the analysis must be carried out, for which said entity will analyze the risk of contamination based on the crop area, phytosanitary risk, and market demand. The analyses must come from laboratories with conformity assessment activities accredited before the Costa Rican Accreditation Entity (Ente Costarricense de Acreditación, ECA) or recognized by it. The taking of the sample, as well as its processing, must meet the requirements for laboratory test trials to assess conformity, established in the Certification Scheme for Organic Product, published in La Gaceta No. 178 of October 3, 2018.
1.6. Document that demonstrates that the person responsible for the productive unit has received training on the organic production regulation in force in the country. Said document may be issued by a Certification Agency, the Participatory Certification System, an organic inspector duly registered before ARAO, or the Control Body.
The Control Body may request a residual analysis of specific pesticides in case of doubts after the submission of the application.
In the case of retroactive recognition applications submitted by a Certification Agency or a Participatory Certification System of a GPO, the aforementioned requirements must be submitted for each of the producers included in the application.
2. Resolution Deadline:
The Control Body must process applications according to the following deadlines:
| Number of producers covered by the application | Resolution deadline by the Control Body | | --- | --- | | 1 Less than 100 Equal to or greater than 100 | Ten (10) calendar days Twenty (20) calendar days Forty (40) calendar days | Likewise, in the event that the Control Body requires clarifications of the documentation, the Certification Agency or the Participatory Certification System will have ten business days to respond; if there is no response, the Control Body will consider the study closed due to lack of continuity by the Certification Agency or the Participatory Certification System.
- b)Transition periods of less than three years:
To carry out the procedure to shorten the transition period to two years before the Control Body, in accordance with the second paragraph of Article 10 of Law No. 8591, the producer must meet the following requirements:
1. Requirements 1.1. Submit the application to shorten the transition period to two years before the Control Body in writing.
1.2. Be registered as a farm in the transition period to organic before the Control Body, with non-conformities resolved and closed that guarantee compliance with the period of transition.
1.3. Present a pesticide residue analysis of soil or the first harvest to be certified, which must come from a laboratory with conformity assessment activities accredited before the Costa Rican Accreditation Entity (ECA) or recognized by it. It is at the discretion of the Control Body to determine if the presentation of said requirement is necessary. In the event that the analysis is considered necessary, the last pesticide residue analysis carried out by the Control Body during the registration validity period may be used to fulfill this requirement, provided it is free of substances not permitted in the current organic production regulation.
The transition period will begin at the moment the producer officially registers the farm or land before the Control Body.
2. Resolution Deadline:
The Control Body will have a period of thirty calendar days to resolve after the producer's application."