cree.

b) The establishment and operation, coordinated with the autonomous communities in the form provided for in this royal decree, of the System of Organizations of Fruit and Horticultural Producers established in Article 23 of the present royal decree.

(c) The administrative collaboration with other Member States provided for in Articles 14 and 21 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 on transnational producer organisations and the transnational associations of producer organisations. However, the issuance of any type of accreditation concerning the productive personnel, members, value and volume of the marketed production, technical and human means, and activities carried out by the transnational organizations of Transnational producers or associations of producer organisations will be the responsibility of the corresponding autonomous communities.

d) The verification of the non-membership of a producer member to more than one producer organization of the same category of recognition, in the geographical scope higher than an autonomous community; as well as the non-membership of a producer organisation to more than one association of producer organisations for the same activity and the same product, in the geographical area higher than an autonomous community.

e) The referral to the European Commission of the information contained in Article 54 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017.

Article 3. Definitions and use of terms.

1. For the purposes of this Royal Decree, the terms used in Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 in Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 and in Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 shall have the same meaning when used in this royal decree.

2. In addition, a producer organisation shall be understood to mean:

(a) "Producer aggregator member" shall mean any legal person who is a member of a producer organisation, or is a member of the company chain of one of its members, whose members are producers of one of the producers; products for which the organisation is, or is to be recognised.

(b) "non-producer member" shall mean any member of a producer organisation, or an aggregator member of producers who is not a producer according to the definition of a farmer given in Article 4.1 (a) of Regulation (EU) No 1307/2013; of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to farmers under the aid schemes falling within the framework of the common agricultural policy and for which it is repeal Council Regulations (EC) No 637/2008 and (EC) No 73/2009 of the products for which the The organisation is, or will be, recognised for more than three years. In duly justified situations, this period may be raised by the Autonomous Communities.

However, pursuant to Article 2.b) Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, the aggregator members of producers who are not holding operators themselves shall be considered as producer members.

(c) "Offer concentration": Compliance with the minima laid down in Article 7.1 of this Royal Decree, and the provisions of Article 160 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(d) "Fusion of producer organisations" means the Union of two or more producer organisations which gives rise to a new legal entity which assumes the rights and obligations of producers, leaving them to exist as persons (a) individual legal entities, and which complies with the provisions of Article 15 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017. In these cases it will be necessary to assign a new registration number to the new producer organisation.

Similarly, mergers of two producer organisations will be considered cases where, after the union, one of the two existing legal entities assumes the rights and obligations of the other, and one of them is no longer present. In this case it will not be necessary to assign a new producer organization record number.

(e) "geographical scope of a producer organisation": Autonomous Communities and Member States where the holdings of its producer members are located; the geographical scope of the holding of a producer Member State, the Member State, the Autonomous Communities and the Member State in which the holding is located.

(f) "Productive effectives of a producer organisation": The holdings defined in Article 4.1 (b) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council, which are held by their producer members, intended for the production of fruit and vegetables for which the producer organisation is recognised, as well as its surface area, and the production thereof.

CHAPTER II

Producer organizations

Article 4. Recognition requirements.

1. Pursuant to Article 3 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, it is established that in order to obtain recognition as a producer organisation within the meaning of Article 154 of the Regulation (EU) No 1308/2013, of the European Parliament and of the Council of 17 December 2013, the following requirements shall be met:

(a) Either be an entity with a legal personality according to the Spanish legal order, or be a section of a cooperative created within the framework of regulatory regulation of this type of entity, or be a group producers of a processing agricultural company which constitutes a similar section which complies with the requirements laid down in the rules governing the sections of cooperatives and respects their own.

In the case of cooperatives and agricultural processing companies holding a section, the recognition may be given to the entity to which the section belongs, as in the section, as the application for recognition provides. tabled. In the case of the cooperative or the agricultural processing company, the members of the organisation shall be those who form part of the section, in which all the fruit and vegetable producers in the organisation shall be part of the legal entity.

b) Having your registered office within the Spanish geographical scope.

(c) Haber has been established on the initiative of, and consists exclusively of, producers of the products for which recognition is sought, except in cases and under the conditions set out in Article 6 of this Regulation. royal decree.

In the new recognitions, the condition of being constituted by producers must be accredited by the presentation of the documentation that justifiest and of the Council of 17 December 2013 The Commission shall, in accordance with Articles 24 and 26 to 28 of Commission Implementing Regulation (EU) 2017/892 of 13 March 2017, and in this Royal Decree, provide for compliance with the requirements for recognition and operation.

b) Suspension and withdrawal of recognitions.

(c) The validation of the information referred to in Article 21.1, as well as the performance of the communications provided for in Article 22 of this Royal Decree.

2. To the Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture and Fisheries, Food and Environment will be responsible for:

(a) The establishment, management and maintenance of the National Register of Producers 'Organizations and Associations of Producers' Organizations established in Article 20 of this royal de that each one of the members that will be part of the organization has produced in the period referred to in the last paragraph of Article 8 of this royal decree. Such documentation shall be made available to the competent body.

(d) Possession of a statute, or an internal rules of procedure in the case of the sections referred to in point (a) of this paragraph, raised to public deed or recorded in the corresponding register as provided by the rules governing the legal person who is the requesting entity or visas by the competent body in recognition thereof, which respect the provisions of Chapter III of Title II of Part II and Article 160 of Title II thereof. Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 in Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 and in this Royal Decree.

The statutes of the aggregator members of producers who are part of a producer organisation shall be annexed to those of the organisation and shall be consistent and consistent with those of the organisation.

e) to request the written recognition of the relevant body in respect of one of the categories set out in Article 5 of this royal decree, indicating its geographical scope and, at least, the documentation and the information set out in Annex I.

(f) Where the applicant for the recognition is a cooperative or a processing agricultural company with a fruit and vegetable section, or a section of those referred to in point (a) of this paragraph, in addition:

1. The rules of procedure of the internal rules of the section shall expressly collect the prohibition to adopt agreements contrary to the law, to the statutes of the entity to which it belongs or to the general interest of that entity.

2. The statutes of the cooperative or the agricultural processing company which have a fruit and vegetable section must establish that the decisions relating to recognition, operation and actions such as: organisation of producers, including those relating to the submission and implementation of operational programmes and the establishment of operational funds provided for in Articles 32 and 33 of Regulation (EU) No 1308/2013, of the European Parliament and of the European Parliament Council, of December 17, 2013, will be adopted directly by the assembly of the section.

3. º The accounting of the entity to which the section belongs must allow the activity of the section to be differentiated.

g) In the case of a trading company, the shares or shares shall be nominative. This requirement shall be extended to all members, direct or indirect, of producer organisations, which are commercial companies, irrespective of the type of legal personality held by the organisation.

h) Meet the other requirements laid down for them in Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 in Commission Delegated Regulation (EU) 2017/891 of 13 March 2013 2017, in Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 and in this Royal Decree.

2. Producer organisations shall keep a register of the members who are part of the register, which shall include at least the information set out in Annex II to this Royal Decree.

3. Pursuant to Article 60 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, it shall not be recognised as producer organisation which has obtained the recognition requirements by creating artificial situations. In particular, the following cases will be analysed:

(a) When a member, direct or indirect, has a disproportionately high percentage of the organization's productive personnel; considering itself as such when it owns more than 50% of the productive personnel of the organization; organisation. However, even if that percentage is reached, if it is shown that there is no abuse of power or influence by any member, it will not be considered an artificial situation.

(b) When all or much of the production marketed by the producer organisation is sold to one or more members of the producer organisation or to entities to which some activity is outsourced.

c) When the organization has externalized all the activities that it can externalize.

d) When changes in the type of legal personality occur in the producer organization to be cooperative with the objective of evading controls on democratic control.

Article 5. Categories of recognition.

1. Producer organisations shall be recognised in respect of one of the following categories, each of which includes the products listed in Annex III:

(i) Fruit and Vegetables.

(ii) Fruit.

(iii) Horticultural.

(iv) Products intended for transformation.

(v) Citrus.

(vi) Shell fruit.

(vii) Setts.

(viii) Aromatics and condiments.

(ix) Table Uva.

(x) Melon.

(xi) Cebolla.

2. With the exception of Article 12 of this Royal Decree, the producers of a producer organisation shall have the obligation to place on the market the whole of their production in respect of products for which they are is recognised. Where the producer organisation is not recognised for one or more of the products it produces, it may belong to one or more other organisations which are recognised for the category to which that product belongs.

3. In order to obtain recognition as a category (iv), the entity concerned shall obtain the written undertaking by its members of a minimum delivery guaranteeing the value of the minimum marketable production established for them in Annex IV, as well as providing the relevant supply contract between the processing undertaking and the organisation in the event that this is not the processing itself.

Article 6. Non-producer members.

Pursuant to Article 16 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, it is available that:

(a) Only non-producer members may be admitted to producer organisations whose legal personality is a cooperative or agricultural processing company, and provided that they are not able to participate in the taking of decisions concerning the functioning of the producer organisation, and the operational programmes and funds provided for in Articles 32 and 33 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, which must be included in its statutes. These members shall not take into account or be taken into account in the computation of Article 7 of this Royal Decree.

(b) aggregating members whose legal personality is that of a cooperative or agricultural processing company may have non-producing members, under the same conditions laid down in the preceding subparagraph.

(c) In producer organisations and aggregator members of producers holding non-producer members, the components of their governing bodies shall be chosen exclusively by their producer members.

Article 7. Minimum number of producer members and marketable production value.

1. Pursuant to Article 154.1.b) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, a producer organisation shall concentrate at least the number of producerl not compute for the purposes of the minimums set out in Article 7.1 of this royal decree.

(c) The value of their production may not represent more than 20 percent of the value of the total production of the organization, the amount exceeding that percentage being considered as purchases from third parties.

d) They may not assume more than 20 percent of the total members of the organization.

e) Neither they nor their holdings may be in these circumstances of membership in an organisation more than two years out of six years.

2. Pursuant to Article 6 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, the period of prior notice is provided for producers to submit in writing their waiver of the quality of their members, it must be established by each producer organisation with general criteria which avoid discrimination and cannot exceed six months. After that period, the producer organisation shall be required to give the members effective discharge immediately. However, where the applicant for the discharge is required to make a refund pursuant to Article 16 of Royal Decree 533/2017 of 26 May 2017 governing the funds and operational programmes of the organisations of fruit producers and vegetables, may not be effective until you have made them.

3. Where the organisation is implementing an operational programme established by Article 33 of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December 2013, no member may disengage or fail to comply with the obligations arising from such a programme during the implementation of the programme, unless authorised by the organisation.

Article 12. Marketing of production outside the producer organisation.

In accordance with Article 12 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, a producer organisation may authorise each of its members not to market through it until such time as it has 10 per cent of the volume or value of the production of that member, provided that the entity controls, and has a control system which leaves a trace of the controls carried out by the organisation to ensure compliance with the said system. limit.

This percentage will include direct sales to consumers for their personal needs, sales of products for which the organization is recognized but which are marginal in relation to the volume marketed by it, and the sales of products which are not normally covered by the business activity of the organisation.

Article 13. Control of democratic functioning.

1. Pursuant to Article 17.2 of Delegated Regulation (EU) 2017/891 of the Commission of 13 March 2017, it is established that:

(a) In producer organisations, no natural or legal person may hold direct or indirect control of more than 34 percent of the total voting rights in any type of decision of the producer organisation. producers, nor more than 49 percent of the share capital of the same, either directly or indirectly, and

(b) In the aggregator members of producers who are part of the producer organisations, no natural or legal person may possess the direct or indirect control of more than 34 per cent of the total voting rights in any type of decision of the aggregator member, or more than 49 percent of the share capital of the aggregator member, either directly or indirectly.

For the purposes of verifying the limits laid down in points (a) and (b), producer organisations shall provide the competent body with their statutes and those of the entities forming part of their chain. societaria; and any other information or documentation that accredits the composition, decision-making, voting rights, and the holders of the social capital of each.

2. However, pursuant to Article 17.1 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, it is established that producer organisations and aggregator members which are part of the Union producers ' organisations and producers, producer organisations whose legal personality is that of a cooperative and which are covered by a legal rule involving their democratic functioning, as well as the sections thereof, shall be deemed to comply with the requirement of democratic functioning as set out in Article 153.2 (c) of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December 2013, and the limits laid down in paragraph 1 shall not be verified, even if it is necessary to do so in the aggregating members who form part of them which have a legal personality other than that of cooperative or section of them covered by a legal rule involving their democratic functioning.

3. In order to verify the limit of voting rights held by a natural or legal person in respect of an entity of which it is a party in a direct or indirect manner, the voting rights in respect of which it has directly or directly shall be accumulated. indirectly through legal persons in which the voting rights it has is generated by a majority holding; considering that it has majority participation in an entity if it holds 50 percent or more of the voting rights or the social capital of the same, in which case all voting rights of the same shall be assigned to it.

4. In order to determine whether a natural or legal person who appears more than once in the organization's company chain meets the established limit on social capital, the percentages of the social, direct and social capital must be cumulated. indirect, which is owned by the entity.

5. In order to comply with the limits laid down in paragraph 1, it shall be presumed that there is a link between natural persons, legal persons, or natural persons with legal persons or vice versa, and their voting rights and their rights must be cumulated. social capital as if they were a single natural or legal person for the purpose of preventing the percentages referred to in that paragraph from being exceeded, in the following cases, unless there is a clear evidence against the existence of a differentiated liability the business risk of the holding of which they are holders in defence of interests in accordance with the requirements of Article 7.3 of this royal decree:

(a) In the case of pupil with respect to the legal or judicial guardian.

(b) In the case of the co-ownership of the legal person's capital, such as the inheritance and community of property, in respect of the co-owners of each other.

c) In the case of minor direct descendants with respect to one or both parents who have parental authority; and

d) In marriages, with respect to the spouses of each other. In the case of holdings under Law 35/2011 of 4 October on the shared ownership of agricultural holdings, the representation of the holding in the organisation by the woman or man shall be subject to the provisions of the Article 4 of that Act.

For the purposes of this paragraph and the fulfilment of paragraph 1 of this Article and of Article 7 of this Royal Decree, producer organisations shall inform the relevant competent body of the cases of linked persons who are part of their producer org

The time limit set by an organization for its members shall be adopted by the aggregator members of producers who are part of it for its members.

Producer members whose minimum membership period is less than three years:

(a) They shall not be included in the register referred to in Article 4.2 of this royal decree, but in a separate register of the same characteristics, which shall be collected by the members with a period of membership of less than three years.

b) They shalduction of its members.

i) The marketing of all or part of the production of its members.

j) The valorization of productions through transformation.

k) Other activities aimed at achieving the objectives of the partner producer organisations, which are included in their statutes.

Article 19. Transnational associations of producer organisations.

1. Recognition requirements for associations of transnational producer organisations will be the same as for non-TNCs.

2. The institutions applying for recognition shall submit the documentation set out for this purpose in Annex V to this Royal Decree, and shall include information relating to the facilities, to the members and to the staff. production in another Member State or other Member State.

3. Prior to the recognition of a transnational association of producer organisations, the competent authority shall:

a) Verify that the registered office of the requesting entity is located in the Member State where it holds the majority of its value of marketed production.

b) Obtain a certificate from the competent authorities of the Member State or Member States where the members who are not in the Spanish geographical scope are located, that they are not part of an association of organization of producers in those States, for the activity and products for which recognition is sought.

c) Get a certificate on any other information you deem necessary to verify compliance with recognition and operation requirements as a producer organization association.

For the purpose of obtaining the documents referred to in (b) and (c), the competent body shall request the Directorate-General for Agricultural Productions and Markets in the Ministry of Agriculture and Fisheries, Food and the Environment. The environment that comes to the exchange of necessary information with the Member State (s) concerned.

CHAPTER IV

General provisions

Article 20. National register of producer organisations and associations of producer organisations.

1. For the purposes of Article 22 of Commission Implementing Regulation (EU) 2017/892 of 13 March 2017, the Directorate-General for Agricultural Productions and Markets in the Ministry of Agriculture and Fisheries, Food and the Environment have a register, which will be called the National Register of Fruit and Horticultural Producers 'Organizations and Associations of Fruit and Horticultural Producers' Organizations, in which they must be registered once they have been recognized by the competent body. At the time of registration, the address must be assigned a registration number. In this Register, the suspensions and withdrawals of recognition of these entities shall also be registered.

2. For the purposes of the preceding paragraph, the competent bodies, each time they grant, suspend or withdraw recognition from a producer organisation or an association of producer organisations, shall, without delay, request the registration of that act in the Register. Together with such a request, they must submit the corresponding resolution, which, if granted, must collect at least the following information about the entity:

(a) If these are producer organisations: social reason, registered office, tax identification number, autonomous communities in which they have productive assets and infrastructure, category for which they have been recognised and type of legal personality, indicating whether it is a section or not.

(b) If these are associations of producer organisations: social reason, registered office, tax identification number, geographical scope, type of legal personality, entities forming part of it, indicating which are producer organisations with their category of recognition, activities of those established in Article 18 of this Royal Decree for which they have been recognised and, where applicable, the products to which it applies.

3. In order to keep the register up to date, producer organisations and associations thereof shall communicate to the competent authority any changes in the information referred to in paragraph 2 and shall transmit them without delay. to the Directorate General of Agricultural and Agricultural Productions and Markets of the Ministry of Agriculture and Fisheries, Food and the Environment.

4. Where an organisation of fruit and vegetable producers, or an association thereof, changes its head office from one autonomous community to another, it shall communicate it to the competent authority of the autonomous community where it radiate its new registered office. he must inform the competent authority which granted him the recognition. The competent authority where the new registered office is to verify that it complies with the applicable recognition requirements and if it does not comply with it, shall inform the community which granted the recognition to the effect that it is to be revoked, after the instruction in the corresponding procedure.

5. The data in the Register shall be made available to the competent authorities and shall be of a public nature.

Article 21. Communications and reports from producer organisations and associations of producer organisations to the competent bodies.

1. In addition to the communications provided for in other Articles of this Royal Decree, pursuant to Article 21 of Commission Implementing Regulation (EU) 2017/892 of 13 March 2017, the producer organisations and the associations thereof, shall send each year, by 15 April at the latest, to the competent body which establishes the autonomous community which recognized it, through the information application set out in Article 23.1 of this royal decree, the next information:

(a) The producer organisations and their associations which carried out an operational programme in the previous year: the information necessary for the preparation of the annual report referred to in Article 54 (b) of the Commission Delegated Regulation (EU) 2017/891 of 13 March 2017.

(b) Producer organisations which have not carried out an operational programme in the previous year: the number of members it owns and the volume and value of its marketed production.

2. Producer organisations, and their associations, shall inform the competent authority of the autonomous community which granted the recognition to them, of any changes in their status which have been taken into account in order to assess compliance. of the recognition requirements. Such communication shall be carried out without delay from the moment the change takes place.

3. Where a producer organisation does not refer the information referred to in paragraph 1 of this Article or the incorrect file, the competent body, in accordance with Article 59.8 of Delegated Regulation (EU) 2017/891, of the Commission, of 13 March 2017, shall proceed as provided for in paragraphs 1 to 5 of this Regulation.

Article 22. Communications from the Autonomous Communities to tass="parrafo">e) Carry out the crisis prevention and management measures set out in Article 33.3 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

f) Promote the products for which you are recognized.

g) Request extensions of the rules provided for in Article 164 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

h) Perform the reception, classification, storage and conditioning of all or part of the prol to meet any of the recognition requirements referred to in point (a) of this paragraph, the following shall be made: withdrawal of their recognition with effect from the date on which those requirements cease to be met, or if it is not possible to determine that date, from which the non-compliance has been detected. Where the non-compliance refers to the minimum number of members and/or the value of the marketable production required, the second paragraph of Article 59.6 of Delegated Regulation (EU) 2017/891 shall be taken into account. Commission of 13 March 2017.

3. Pursuant to Article 60 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017, the recognition of a producer organisation or an association of producer organisations shall also be suspended. where they are the subject of an investigation by the Administration, motivated by an allegation of fraud in respect of the aid provided for in Regulation (EU) 1308/2013, of the European Parliament and of the Council. This suspension shall last until the charge for which it is charged is determined and shall have the effects set out in paragraph 2 of that Article.

Article 26. Withdrawal of recognition.

1. The withdrawal of recognition from producer organisations and their associations shall require an express decision by the competent body in recognition of them and shall be processed:

(a) At the request of the institutions, addressed to the competent body which granted the recognition, without prejudice to the fulfilment of the obligations and commitments arising from its status as a producer organisation or association of (a) the responsibilities which may be derived from the actions carried out during the period in which the recognition was held.

b) ex officio, pursuant to the provisions of Article 25.2 (d) of this Royal Decree and paragraphs 3, 6 and 8 of Article 59 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 in organisations producers. In such cases, the withdrawal of recognition shall entail the loss of the right of recovery of the aid as a recognised entity under Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, from the the date of the withdrawal of recognition, and the recovery of those it has received since that date in accordance with Article 67 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017.

c) ex officio, where it is established that a producer organisation or an association of producers has committed fraud in respect of aid covered by Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. In such cases the effects of the withdrawal of recognition shall be as laid down in Article 60.2 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017.

2. In all cases of withdrawal of recognition, the provisions of Article 36 of Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 shall be taken into account.

Single transient arrangement. Adaptation of producer organisations and associations of producer organisations.

The changes introduced in this royal decree that require its adoption by the General Assembly of the entity, or, where appropriate, by the General Shareholders ' Meeting if it is willing in its statutes, or in its regulations of internal rules, or in the specific rules governing their legal personality, must be adopted by producer organisations and associations of producer organisations in the first General Assembly, or in their case General Board of shareholders, who conclude, cannot exceed the period of one year from the date of entry into force of the year.

Single repeal provision. Regulatory repeal.

The Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations is hereby repealed.

Final disposition first. Competence title.

This royal decree is of a basic regulation, and is dictated in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition second. Ability to modify.

The Minister of Agriculture and Fisheries, Food and the Environment is empowered to amend the Annexes, where such amendments are required as a result of the European Union legislation.

Final disposition third. 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 May 26, 2017.

FELIPE R.

The Minister of Agriculture and Fisheries, Food and Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Documentation to attach with the recognition request

A) All producer organizations

1. Document, elevated to public deed, which accredits the institution's constitution, its name, its purpose, its registered office, its legal form, its tax identification number, its social capital, and the persons who constitute it the percentage of capital of each of them. However, in the event that the applicant entity is a cooperative or section of them that do not require the counting set out in Article 7.2.b) of this royal decree to demonstrate compliance with the minimum number of members In accordance with paragraph 1 of that Article, it shall not be required to collect the percentage of capital of each person who constitutes it.

In the event that the applicant entity is a trading company, it must state whether the shares or shares must be nominative.

2. Certificate on the agreement of the General Assembly, in the case of cooperatives, agricultural processing companies, and sections thereof, or of the General Meeting of shareholders in the case of commercial companies, or of the corresponding organ in another type of legal form, in which it was agreed to apply for recognition as a producer organisation, in which the commitment to respect the rules governing it is collected, and the category for which recognition is sought.

3. Statutes (or rules of procedure of internal arrangements in the case of sections) of operation, high to public deed or recorded in the relevant register as provided for in the rules governing the legal person who is the applicant or visas by the competent body in recognition, which they collect, at least:

(a) The specific purpose of pursuing those laid down in Article 152.1 (c) (i), (ii) and (iii) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(b) The requirement for its producer members to market all their production of the products for which the organisation is, or is to be recognised, through the organisation.

In the event that the organization authorizes its producer members to make sales of the items listed in Article 12 of this royae with its activities but without receiving payment of the aid resulting from a recognised entity, in particular from the one set out in Article 34 of the Regulation (EU) No, no. 1308/2013 of the European Parliament and of the Council of 17 December 2013 until the suspension has been lifted. After the lifting of the aid, it shall be reduced by 2% for each calendar month or part of the calendar month that has lasted for the suspension.

(d) After the period of suspension of recognition has elapsed, if the producer organisation continues to fai with the same criteria as in the description.

B) transnational producer organisations

In addition to the documentation referred to in paragraph (A), the transnational producer organisations shall submit, a certificate issued by the secretary of the entity in which the number of members is recorded producers and the value of the marketed production held by the producer organisation in each of the member states where they have productive staff.

ANNEX II

Structure and content of producer organization member record

I. In producer organisations whose legal personality is that of a cooperative or agricultural processing company, or sections thereof:

(a) Members of the organisation who are natural persons or legal persons not aggregators of producers. Of these members shall be collected, at least:

1. Name or Social Reason.

2. NIF.

3. Date High.

4. Date Low.

5. º If you are a producer or non-producer.

6. º If you are a direct member or through an aggregator member.

7. Effective productive effectives of their exploitation (cultivated area, products and volume and value of their production by products).

8. The geographical scope of its operation.

9. No. Social Capital that you own with respect to the organization.

However, it will not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or where it is a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as that previously mentioned. However, in such cases, if the cooperative, or section of it, does not reach the minimum number of members set out in Article 7.1 of this royal decree with producer members who are natural persons, it shall be collected from the members producers who are legal persons, the information relating to their corporate structure until they reach the natural persons behind, at least, until such minimum number of members is reached, taken into account in accordance with the provisions of the Article 7.2.

10. º voting rights that you have in all kinds of decisions regarding the organization of producers. However, it shall not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or as a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as the above.

11. º If you are a member through a producer aggregator member, you must also collect:

i) The level that you own within the producer organization's corporate chain, based on the criterion that the second level is the members of a direct aggregator member of the organization.

ii) The social reason and the NIF of the aggregator member that you are a part of, and level that you own that aggregator in your organization.

iii) The share capital that you own with respect to the aggregator member of which you are a party. However, it shall not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or as a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as the above.

iv) The voting rights that you have in all types of decisions with respect to the aggregator member of which you are a party. However, it shall not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or as a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as the above.

b) Producer aggregator members. Of each of these, it shall be collected, at least:

1. Social Reason.

2. NIF.

3. Date High.

4. Date Low.

5. º If you are a producer or non-producer.

6. º The level that you own within the company chain of the producer organization, with the same criteria as set out in paragraph 11 (i) of the previous letter.

7. In case of being a producer in addition to aggregator, the productive personnel of which he is the holder of exploitation (cultivated area, products and volume and value of his production by products) and the geographical scope of the exploitation of which is the holder.

8. Productive effectives that it brings together from its producing members (cultivated area, products and volume and value of its production by products).

9. The geographical scope of the farm of its members.

10. No. Social Capital that you own with respect to the organization. However, it shall not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or as a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as the above.

11. º voting rights that you have in all types of decisions of the organization. However, it shall not be necessary to collect this information when the member is a direct member of a producer organisation which is a cooperative covered by a legal rule involving its democratic functioning or a section of it, or as a direct member of an aggregator member whose legal personality is a cooperative, or a section of it, which meets the same requirements as the above.

12. º Number of producers you add.

13. º Of each member that forms part of it, the name or social reason, and the NIF.

II. In producer organisations and aggregator members of producers with legal personality other than the cooperative, agricultural processing company, or sections thereof, the information referred to in paragraph I shall be collected. to the holders of shares or shares in the institution's capital.

ANNEX III

Producer organizations ' recognition categories

i) Fruit and vegetables.

Products listed in Part IX of Annex I to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. However, the exclusion in this category of nuts, mushrooms, citrus fruits, processing products, aromatics and condiments, table grapes, melon and ossing company and the organization, if this is not the transformer.

9. The subsidiaries held by the organization and the members who are part of it, indicating the shares and the share capital held by each of them.

10. On the aggregator members of producers who are part of the producer organisation, either directly or indirectly:

a) The statutes of each of them.

(b) The document described in paragraph 1 of Part (A) of this Annex, corresponding to the aggregator member, accession, the period of prior notice to cause the organisation to be reduced, the economic burdens it will have to pay for causing the reduction, and the penalties for non-compliance with statutory obligations.

(c) The formula for the adoption of agreements and the determination of voting rights that guarantee the democratic control of the association. Where it has members other than producer organisations, it shall take into account the fact that, if the association presents operational programmes, total or partial, of those laid down in Article 33 of Regulation (EU) No 1308/2013, of the European Parliament and the decisions on the same shall be taken by members who are recognised producer organisations only from 17 December 2013.

(d) The rules regarding the admission of new members.

(e) Commitment to carry, as of the date of recognition, a specific accounting for the activities subject to recognition, and the accounting and budgetary rules necessary for the operation of the association.

4. Book of associated entities, in traditional or computer-based support, in which they are collected, at least, whether or not they are recognised producer organisations, the social capital and the voting rights held within the association, the date of membership, the data of their productive personnel, and the geographical scope of them.

5. Document with the description, and location of the human, material and technical means with which it counts to properly carry out its activities, both in terms of duration and effectiveness.