Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and other aid schemes, as well as on the management and control of direct and non-payment payments. payments to rural development, it regulates the basic rules applicable in Spain, corresponding to the aid schemes laid down in Regulation (EU) No 1307/2013, of the European Parliament and of the Council of 17 December 2013, lay down rules applicable to direct payments to farmers under the aid schemes included within the framework of the common agricultural policy and repealing Council Regulations (EC) No 637/2008 and (EC) No 73/2009.

The concepts of active farmer and agricultural activity are defined therein and the characteristics of the application of the annual aid for the basic payment scheme are laid down, the payment of the agricultural practices beneficial to the climate and the environment, the payment for young farmers, the payment through the simplified scheme for small farmers, and the associated payments, both for agriculture and for livestock farming, together with national aid for the fruit of shell and the characteristics of the integrated management and control system, in application of the 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 repealing Regulations (EC) No 352/78, (EC) No 165/94, (EC) No 165/94, 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 of the Council.

As a complement to the model applied in Spain of the new basic payment scheme, Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment scheme entitlements of the Common Agricultural Policy was published, in which establish the conditions for the allocation and management of these rights for the implementation period 2015-2020 and Royal Decree 1077/2014 of 19 December 2014 on the system of geographical information for agricultural parcels (SIGPAC), with the aim of establishing the basic criteria to ensure the correct operation of this management instrument in the framework of the integrated management and control system and other support schemes related to the area of the common agricultural policy.

Following the launch of the new system of direct payments and in the light of the experience gained in its implementation, it is necessary to make several modifications to the aforementioned real decrees, which are due to adjustments purely technical, in order to enable them to be better implemented and to achieve greater efficiency in the management of these aids.

In Title II of Royal Decree 1075/2014 of 19 December 2014 and referring to the figure of active farmer, a number of clarifications and punctuations are established, among which the clarification of the mention of the social object within the excluded activities and the accuracy of the conditions for the calculation of the limit of EUR 1,250 related to the checks on the requirements of the active farmer, and the incorporation into Annex III of the codes for the Economic Activities Tax (IAE), as an element for determining the activities considered to be excluded from the aid.

In addition, the definition of agricultural activity and eligibility conditions should be adapted to the interpretation given by the European Commission, in such a way that the applicable criteria are verifiable and controllable. Within this framework, grazing is considered as part of the livestock activity, and Articles 11 and 12 and the list of maintenance activities listed in Annex IV are amended accordingly.

In the payment for agricultural practices beneficial for climate and the environment figure, in Article 20, crop diversification as an environmental practice linked to this payment. It is appropriate to amend the said provision in order to clarify certain aspects relating to crop mixtures and to adapt the period of verification of compliance with diversification to the technical guidelines issued by the Commission. European.

With regard to the payment for young farmers set out in Chapter III of Title III, a new wording is given to Article 25, in order to clarify the requirements set out in point (d), by removing them from the allocation framework of the rights of the national reserve, and to detail the two conditions required, thus facilitating their understanding while they are technically adjusted on the basis of the recommendations made in this respect by the European Commission.

On the other hand, it is also necessary to clarify and adapt some very specific aspects related to certain associated aid of Title IV, which will facilitate the management and practical implementation of them. In this type of amendment, the changes in the aid schemes for farmers and livestock farmers are framed, the aim of which is to provide greater clarity and legal certainty in the management of such aid.

In this way, a change is made in favour of simplification and better understanding of aid, in line with the initiatives and priorities that are being developed in this regard in the European Union, which facilitates significant management of the associated aid for milk beef. Consequently, the design of such aid should be amended by reducing the lines defined in Annex II from four to two and by establishing, in Section 4 of Chapter II of Title IV, a degressivity on the basis of economic criteria of scale. to apply on the beneficiary holdings. The amendment to the design of this aid does not affect the rest of the aid lines or the budgetary limits laid down in Annex II either to the amounts allocated to the milk sector or to the distribution of the aid between the potential beneficiaries.

In Title V, the limits of the amounts of direct payments related to the incorporation into the simplified scheme for small farmers to adjust in a more precise manner to what is specified in the Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013.

In Article 107, a number of dates are changed with regard to the time limits for the information to be transmitted by the autonomous communities on permanent pasture and livestock aid, in order to bring them into line with the reality of the campaign.

In relation to the national aid for nuts, set out in the additional provision of Royal Decree 1075/2014 of 19 December 2014, it is considered necessary to maintain, for one more year, this national aid and to equate the conditions of mixed crops to those established for the aid associated with the nuts and locust beans, in order to unify the criteria and to facilitate the management of the criteria.

Annex VII on the minimum information to be contained in the single application is amended with the aim of adapting to the changes made in the article and making the requirement on the NIF declarations of the spouse of the the applicant and the matrimonial property regime, as well as the NIF of the landlord or transferor. In Annex VIII, aspects related to the limitations of rotation between nitrogen-fixing crops and fallow land are clarified as a requirement for areas of ecological interest. Finally, a new Protected Designation of Origin (PDO) is included in Annex

.

Royal Decree 1076/2014 of 19 December 2014 is also subject to technical amendments. Thus, in Article 17, it is envisaged, among the cases of force majeure, of the extension of the problems in the processing of the aid application, in the 2015 campaign, which results in the failure to submit it. Accordingly, point 3.b) of Annex V. is amended in the same direction.

In relation to the national reserve, the entry requirements of young farmers are relaxed to the same, in response to the recommendations made by the European Commission, establishing itself as an admission criterion. of the appropriate training and training. In addition, the requirements for young farmers and farmers who are incorporated into the agricultural activity to be provided with area linked to one of the sectors incorporated into the basic payment scheme are deleted and recognised as Exception to the assumption that the farmer may not have received rights from the national reserve in previous allocations of basic payment entitlements of the national reserve, the relative to the case that the young person's incorporation into the agricultural activity is carried out by means of a Rural Development Programme implemented in several phases. Finally, following the recommendations made by the European Commission, the necessary conditions for considering when a young person carries out the effective control of the legal person to whom he is linked are clarified. Legal person may in turn receive the treatment of "young farmer". To this end, Article 24 (3) and (4) and Article 25 (2) and (3) are amended. In turn, clarification is included regarding cases of force majeure to receive the allocation of the national reserve in Article 24 (5

.

In Article 26.2, a material error is corrected, and in Article 26.4 the criteria for prioritization in the allocation of rights of the national reserve are modified.

In Article 27.2, an amendment to the date of communication is presented to the beneficiaries of the rights allocated from the national reserve, for the first allocation to be made on the basis of the aid applications of the year 2015, to be in line with regulatory indications.

In Article 29.3, a new case of cession of basic payment entitlements is collected which, despite not being strictly linked to the transfer of land, is treated as such cases of transfer of land rights and therefore are not applies the corresponding toll.

In Article 30, the period of communication of the disposals that occur in the 2016 campaign is delayed, in order to prevent the disclosure of provisional and non-definitive transfers of rights.

Finally, in Annex VI the model of tripartite agreement between the parties for the transfer of the basic payment entitlements in the case of holdings with the territorial base leased in such a way that they can be assimilated to a transfer of basic payment entitlements with land and are not taxed at the corresponding toll.

Finally, in relation to Royal Decree 1077/2014 of 19 December 2014, it is necessary to change the location, in Annex I, of the reference to the reference layer of the regions of the basic payment scheme, since it is a layer Alphanumeric and non-graphic.

In the preparation of this provision, the autonomous communities and representative entities of the sectors concerned have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 29 December 2015,

DISPONGO:

Article first. Amendment of Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and other aid schemes, as well as on the management and control of direct payments and payments to rural development.

Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and other aid schemes, as well as on the management and control of direct and non-payment payments. payments for rural development, as follows:

One. Article 8 (4) is worded as follows:

" 4. Agricultural income shall mean those defined in Articles 11.1 and 11.2 of Commission Delegated Regulation (EU) No 639/2014 of 11 March 2014.

(a) In the event that the applicant is a natural person, the agricultural income shall be those collected as a total income in his Income Tax Declaration of the Physical Persons, in the section corresponding to yields of agricultural, livestock and forestry activities, in objective and direct estimation.

When agricultural income or part thereof, due to the applicant's membership of an integrating entity, is not included as such in the above mentioned paragraph of the tax return on the Income of the Physical Persons, the applicant shall declare in his single application the amount of such income received in the most recent tax period. Where the competent authority so determines, the applicant shall also declare the agricultural income of the two preceding tax periods equally. The competent authority shall require all documents deemed necessary to verify the reliability of the information declared. In such cases, the applicant shall also enter into its application the NIF of the relevant integrating entity.

In no case may there be duplicity in the statement of the income by the natural persons belonging to the previous integrative entities and by themselves, in the event that they were also applicants.

In cases where the agricultural activity is carried out within the framework of integration systems, the amounts invoiced by the integrating entity under the relevant integration contracts shall be considered as agricultural income of the integrated, as long as the integrated takes the risk of animal husbandry.

(b) Where the applicant is a legal person or a group of natural or legal persons, he shall declare in his single application the total of the agricultural income received in the most recent tax period. Where the competent authority so determines, the applicant shall also declare the agricultural income of the two preceding tax periods equally. The competent authority shall, where it considers necessary, require all documents deemed appropriate to verify the reliability of the information declared. In the case of a civil society or a community of goods, the competent authority may verify the consistency between the agricultural income declared by the applicant and the revenue collected in the annual information declaration of entities in the allocation of income for agricultural and livestock farming activities.

In any case, and for all purposes, the compensation received through the Combined Agricultural Insurance System shall be counted as agricultural income. "

Two. Article 9 (1) is worded as follows:

" 1. Pursuant to Article 9.4 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, the active farmer's requirements laid down in Article 10 and Article 8 (1) (a) shall not apply to those farmers who, on the basis of the single application for the previous year, have received direct payments of an amount equal to or less than EUR 1,250, prior to the application of penalties or exclusions resulting from the eligibility checks or of cross-compliance, as set out in Articles 63 and 91 of Regulation (EU) No 1306/2013 European Parliament and the Council. '

Three. Article 10 is amended as follows:

(a) Paragraph 1 is replaced by the following:

" 1. Pursuant to Article 9.2 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, no direct payments shall be made to natural or legal persons, or groups of natural or legal persons, whose object social, according to the National Classification of Economic Activities (CNAE) or in accordance with the Economic Activities Tax (IAE) corresponds to the codes listed in Annex III. "

(b) Paragraph 2 (c) is worded as follows:

"(c) The agricultural activity as its principal social object shall be included in its statutes before the date of completion of the application period."

Four. Article 11 is replaced by the following:

" Article 11. Agricultural activity.

1. In accordance with Article 3, agricultural activity on the agricultural areas of the holding may be credited by means of the production, rearing or cultivation of agricultural products, including the harvesting, milking, rearing of animals, or by the maintenance of agricultural areas in a state suitable for grazing or cultivation without any preparatory action which goes beyond the usual agricultural methods and machinery used. Such activity shall be carried out on each agricultural parcel or agricultural site which the applicant declares in his application.

2. For each parcel or enclosure, the applicant shall declare in his application for aid the cultivation or use or, where appropriate, that the enclosure is the subject of maintenance work. It shall be expressly stated in the application if the pasture areas are to be produced on the basis of grazing or only maintenance on the basis of Annex IV activities.

3. The applicant shall declare in an express and truthful manner in his application that the crops and the use and the maintenance activities declared constitute a true reflection of his agricultural activity. If, on the occasion of an administrative or on-the-spot check by the competent authority, it is established that the crops or the use or the maintenance activities have not been carried out, with false, inaccurate or negligent statements, and Furthermore, that lack of agreement has conditioned compliance with the requirements for agricultural activity on the areas, the competent authority may consider that this is a case of the creation of artificial conditions for to obtain the benefit of the aid and will be subject to the system of penalties provided for in the Article 102.

4. Maintenance activities in the appropriate state for grazing or cultivation shall consist of the carrying out of an annual activity of those listed in Annex IV. All supporting documentation of the costs and payments incurred in carrying out the costs shall be kept at the disposal of the competent authorities.

5. In duly justified cases, for environmental reasons, the autonomous communities may provide that the maintenance activities listed in Annex IV may be carried out every two years.

6. Without prejudice to the foregoing paragraphs and to the effects of administrative control, the pasture declared as part of the applicant's livestock activity shall be understood to meet the agricultural activity requirements if the following conditions are met: conditions:

(a) Declare the code or REGA codes of the livestock holding that it is the principal holder, in which it shall maintain animals of livestock species compatible with the use of the pasture and whose size shall be consistent with the Declared pasture area.

(b) For the purposes of the preceding paragraph, species which are compatible with the use of pasture, bovine, ovine, caprine, equine (production and reproduction equine holdings) and pigs shall be considered as species. qualified by their productive system as "extensive or mixed" in the REGA.

(c) The size of holdings shall also be considered to be consistent with the area of pasture where holdings have at least 0,20 units of livestock (UGM) per eligible hectare of associated pasture. The calculation shall be carried out taking into account an average of the animals on the holding and the conversion table of the animals at UGM referred to in Annex V. The competent authority shall take into account the particularities of the production process in the various types of livestock holding in order to obtain the averages of animals.

If compliance with the ratio of 0.2 UGM/ha and the compatibility of the declared livestock species with the use of the pasture as laid down in points (a) and (b) is verified, the beneficiary shall directly credit the carrying out livestock activities, without any additional administrative checks being necessary. However, in the context of an on-the-spot check, the condition of the pasture may be checked and may even be requested from the holder for documentary evidence of their use if there are doubts as to their possible state of abandonment, is set out in paragraph 7.

On the other hand, when the non-compliance of these conditions is verified, either because this proportion is not reached or because the applicant is not the holder of a livestock holding registered in REGA as established in points (a) and (b) above, or because the applicant is not the holder of any livestock holding and is to receive aid on the area of pasture, it is understood that the conditions for the compliance of the livestock are being artificially created the requirements of the agricultural activity, unless the farmer presents evidence showing, at least one of the following assumptions:

1. The area declared as pasture is the object of any maintenance work described in Annex IV.

2. º which performs mowing activity in grassland and grassland, intended for the production of fodder for livestock.

3. It has pasture surfaces in productive conditions suitable for pastoring.

7. In no case shall payments be granted for areas which are in a state of abandonment as set out in Annex VI. "

Five. Article 12 (2) is amended as follows:

" 2. In order to verify whether they are abandoned areas, it shall be considered as a risk situation for control purposes when certain areas of the plots or areas of arable land have been declared, in a repeated manner, for three years or more, fallow, or that in the areas of tree and bushland grass has also been repeatedly declared, for three years or more, an activity exclusively based on maintenance in an appropriate state. '

Six. Article 14 (5) is worded as follows:

" 5. Agricultural hectares falling within the definition of forest covered by Title VI for rural development aid, other than those laid down in paragraph 3, as well as the agricultural area considered as a forest for aid for rural development on the basis of Articles 21, 22, 23, 24, 25, 26 and 34 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013, shall be admissible as long as it is possible to verify that there is agricultural activity In the case of the same, and the agricultural practices in which they are carried out do not involve double financing with the Requirements or commitments to be eligible for rural development aid. '

Seven. Article 15 is replaced by the following:

" Article 15. Agricultural parcels at the farmer's disposal.

Agricultural parcels of eligible hectares used to justify payment entitlements must be available to the farmer, either under ownership, usufruct, leasehold, sharecropping or assignation by a farmer. the managing body of a communal property, on the 31st of May of the year in which the aid is requested. '

Eight. Article 20 is amended as follows:

(a) Paragraph 4 is worded as follows:

" 4. For the purposes of this Article, any of the following definitions shall be understood as cultivation:

(a) the cultivation of any of the different genera defined in the botanical crop classification;

b) the cultivation of any of the species in the case of Brassicaceae, Solanaceae and Cucurbitaceae;

c) fallow land;

d) grass or other herbaceous forages.

Winter and spring crops will be considered different crops even when they belong to the same genus, as well as any other type of genus or species that is different from the previous ones and that is expressly recognized as a distinct crop by Community rules of direct application in the future.

For areas with mixed crops in rows, each crop shall be counted as a different crop if it represents at least 25% of that area. In this case, the area covered by each crop shall be calculated by dividing the total area under mixed cultivation by the number of crops present covering at least 25% of that area, irrespective of the actual proportion of the crop. each crop.

On surfaces covered by a main crop interspersed with a secondary crop, the surface shall be considered to be covered solely by the main crop.

The areas in which a seed mixture is sown shall be considered to be covered by a single crop called 'mixed crop', regardless of the specific crops that make up the mixture.

However, when it can be established that the species included in different mixtures differ from each other and are traditionally grown mixtures, these different seed mixtures may be considered as unique crops. different, provided that they are not used for the cultivation referred to in point (b) of this paragraph. '

b) Paragraph 5 is replaced by the following:

" 5. The period for the verification of the number of crops and the calculation of their corresponding percentages, as laid down in paragraph 1, shall be from the months of May to July, in such a way that, in the majority, the crops are find on the ground during this period. However, the autonomous communities may adjust that period taking into account the agro-climatic conditions in their region. When a holding is located in more than one autonomous community with different periods, its surface shall be verified in the period corresponding to each community where it is located and the result of the verification carried out for the area of Each community shall be taken into account in the overall computation. In any case, the same area of each enclosure shall be counted only once per year of application for the purposes of calculating the percentages of the different crops. '

Nine. A new wording is given to Article 25 (d) in the following terms:

" (d) For both natural and legal persons, who have a favourable file for the granting of the first installation aid in the field of a Rural Development Programme, or who are accredited to have a level of (a) sufficient agricultural training for the determination of the criteria for education and professional experience, as provided for in Article 4 (1) (b) of Law 19/1995 of 4 July 1995 on the modernisation of agricultural holdings, which are in line with the requirements of the rural development programmes developed by each community ".

Ten. Article 35 (a) is worded as follows:

" (a) Use seed of one of the varieties listed in the common catalogue of varieties of agricultural plant species of the European Union, in the Spanish Register of commercial varieties or which have been granted a marketing authorisation in accordance with Commission Decision 2004 /842/EC of 1 December 2004 on the date of the start of the deadline for the submission of the single application. The seeds of species for which there is no catalogue of varieties or are authorised for placing on the market without the need to belong to a particular variety are exempted from this requirement. '

Once. Article 39 (2) (a) is worded as follows:

" a) Have a minimum density per hectare of 80 trees for almond, 150 for hazel and 30 for carob. For mixed plantings of the species eligible for this aid, it is understood that this requirement is met if the densities are met at least for one of the species, in the whole parcel, or if they comply with the surface area. equivalent in pure culture of each species, in which case for the purpose of the aid, the area shall be computed. '

Twelve. The first subparagraph of Article 42 (a) is worded as follows:

"(a) Be registered, or in the process of registration, in any quality denomination of those listed in Part II of Annex XI, to the date of completion of the deadline for filing the application."

Thirteen. Article 54 (2) is replaced by the following:

" 2. Farmers who produce cotton which apply for the single application on an annual basis and who have a supply contract with an approved ginner for the delivery of the cotton produced may be eligible for this aid. In addition, other criteria or additional requirements may be laid down by the competent authorities, under the provisions of Community rules. "

Fourteen. In Article 55, a new paragraph 4 is added, with the following content:

" 4. The competent authority shall withdraw the authorization, with effect from the following marketing year, after instruction in the relevant procedure, where irregularities are detected in the fulfilment of the commitments entered into. by the ginning entity as a contributing entity in this aid scheme. '

Fifteen. Article 58 is replaced by the following:

" Article 58. General purpose and requirements.

1. In accordance with Article 52 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, aid shall be granted to producers in certain sectors facing difficulties, with the aim of encouraging the maintenance of current production levels.

2. The aid shall take the form of an annual payment per eligible animal that meets these general requirements, as well as the specific requirements laid down in each case.

3. In order for an animal to be entitled to receive any of the aid described in this Chapter, it must be identified and registered in accordance with the provisions of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 of July 2000 establishing a system for the identification and registration of bovine animals and for the labelling of beef and beef and veal products and repealing Regulation (EC) No 820/97 of the Council, as well as in accordance with the provisions of Royal Decree 1980/1998 of 18 September 1998, establishes a system for the identification and registration of bovine animals, or, for the case of ovine and caprine species, as laid down in Council Regulation (EC) No 21/2004 of 17 December 2003 on the lays down a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64 /432/EEC, and in accordance with the provisions of Royal Decree 685/2013 of 16 December September for the establishment of a system for the identification and registration of ovine and caprine animals caprine.

4. In any case, an animal shall be deemed to comply with the identification and registration requirements laid down in the previous paragraph when it meets them on the following dates according to the type of associated support concerned:

a) On 1 January of the year of application for all associated aid except those set out in Sections 3 and 8 of this Chapter.

b) On 1 October of the year preceding the year of application for the associated aid set out in Sections 3 and 8 of this Chapter.

5. No animal may receive support associated with more than one of the associated aid established irrespective of the fact that it could meet the eligibility requirements at the same time for more than one of them.

6. The holding to which the animals may be entitled to receive the aid must comply with the provisions laid down in Royal Decree 479/2004 of 26 March 2004 establishing the General Register of livestock holdings.

7. The farmers applying for the associated aid must maintain the ownership of the holdings in which the animals may be found to receive the aid, during the dates on which the eligibility of the aid is determined and in any case until the final date of the application period for each year. Except for this condition, the cases of changes in ownership of the livestock holding as a result of succession of mortis causa", retirements in which the exploitation is transferred to a first-degree relative, approved programs of Early termination of agricultural activity, permanent incapacity for work of the holder, mergers, divisions and changes of name or legal status of the holding, all of which are duly notified and accepted by the competent authority.

8. In order to receive any of the associated aid described in this Chapter, the applicant shall comply with the requirements determining the active farmer figure as specified in Chapter I of Title II of this Royal decree. "

Sixteen. Article 60 (1) is replaced by the following:

" 1. Support shall be granted for the holders of suckler cow holdings, in order to ensure the economic viability of these holdings and to reduce the risk of abandonment of this productive activity. '

seventeen. Article 61 is amended as follows:

(a) The second subparagraph of paragraph 1 is replaced by the following:

" In order to determine the animals eligible for payment of this aid, a check shall be made on the animals present on the holding of the applicant on 1 January, another on 30 April and two more checks on intermediate dates. determine, in the period between these two dates, both equal dates for all holdings in Spain. The animals to be computed shall be those present in the four checks carried out. "

(b) Paragraph 3 is replaced by the following:

" 3. The holdings in which the eligible animals are to be located must be registered in the general register of livestock holdings (REGA) with the type of production "Production and reproduction" or type "Pasto". In the first case, at the sub-farm level they must be classified as bovine holdings with a zootechnical classification of 'reproduction for meat production', 'reproduction for mixed production' or 'heifers'.

Without prejudice to the above paragraph, for the purposes of determining the eligibility of animals on the basis of paragraph 1, animals located in temporary movements shall be taken into account in pasture, fairs and markets, provided that they have been properly notified to the SIRAN system. "

Eighteen. Article 63 (1) is replaced by the following:

" 1. Aid shall be granted in association with the holders of holdings engaged in the activity of bovine animals for the purpose of ensuring the economic viability of these holdings. '

nineteen. Article 64 is replaced by the following:

" Article 64. Beneficiaries and general requirements.

1. Applicants who have been the holders of special rights in 2014 shall not be eligible for this assistance, and shall not have eligible hectares for the purposes of activating basic payment entitlements in the single application for each marketing year.

2. The aid shall be granted per eligible animal per year. The animals shall be eligible animals, bovine animals between 6 and 24 months of age which have been primed between 1 October of the year preceding the application and 30 September of the year of application on the holding of the beneficiary, or on a Community basis, and slaughtered in abattoir, or exported, in that same period. All of them must be registered in the General Register of Individual Identification of Animals (RIIA), as set out in Royal Decree 728/2007 of 13 June.

The determination of the destination of the animals, as well as the dates on which the animals entered the farm and the date of departure to the destinations that give rise to the eligibility, will be made through consultations with the STRAN data. Between the date of departure to those destinations and the date of entry into the holding, there shall be a minimum difference of three months to determine the eligibility of the animals.

3. The holdings in which the eligible animals are to be located shall be registered in the general register of livestock holdings (REGA) with the holding 'Production and reproduction' or 'pasture' type. In the first case, at the sub-farm level they must be classified as bovine holdings with a zootechnical classification of "reproduction for meat production", or "reproduction for milk production", or "reproduction for production". 'or' bait or bait ' and shall be the last holding where the animals were located prior to their destination to the slaughterhouse or export. In the case of calves from another holding, only the last of the above classifications shall be valid.

Without prejudice to the above paragraph, for the purposes of determining the eligibility of animals, animals located in temporary movements shall be taken into account in pasture, trade fairs and markets, provided that they have been been conveniently notified to the STRAN system.

4. However, if the animals have left the last holding for an intermediate holding, such as a treatant, or concentration centre, which are registered as such in the REGA, and from these they leave for slaughter or export, the holder of the holding in which the animals were located prior to that movement to the intermediate holding may benefit from the aid, provided that all the above requirements are met and do not remain in the intermediate holding more than 15 days.

5. In the case of Community baiting, the documentation justifying the membership of the partners to the Community bait shall be required to comply with the following conditions:

(a) That it has among its objectives the common fattening or baiting of calves born in the breeding cows of their partners. To verify this end, the heads that will give rise to the collection of this associated aid shall be those that have been born from the suckler cows of the holding.

(b) All partners who contribute animals to the application have female bovine animals and have applied for the associated suckler cow aid and/or the milk cow aid in the year of the application concerned.

Partners who appear in an application submitted by a Community bait may also request this assistance associated with an individual title. For the purposes of calculating the unit amounts, account shall be taken of the sum of all the animals submitted in both applications. In such cases, the aid shall be granted for each eligible animal for each of the applicants (Community ganadero/baiting), the farmer having to indicate in the application that he is a member of an individual, community that has also requested this associated help, indicating the NIF of that bait.

6. Only holders of holdings holding a minimum of 3 eligible animals shall be eligible for this support. "

Twenty. Article 65 (4) is without content.

Twenty-one. Section 4. of Chapter II of Title IV is replaced by the following:

"Section 4. Partner Help for Milk Beef Holdings

Article 66. Purpose, scope and budget allocation.

1. Aid shall be granted in the form of the holders of milk cattle holdings in order to ensure the economic viability of these holdings and to reduce the risk of abandonment of this productive activity.

2. The total budget allocation to be allocated each year for each support line shall be as set out in Annex II to this Royal Decree, and shall be used annually taking into account the provisions of Article 59.

3. The following grant lines are established within this associated help:

(a) Aid for holdings located in the Spanish region of Spain.

(b) Aid for holdings located in the island region and mountain areas.

For these purposes, mountain areas shall be defined for each financial year as defined in Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 and which are designated by the Autonomous communities in their existing Rural Development Programmes, and by region Spain peninsular all the peninsular territory except mountain areas.

In cases where the holding is composed of more than one production unit, located in different regions, in order to determine the region in which the exploitation of the applicant is located, the number of animals shall be treated eligible in each of the production units. The holding shall be defined as located in the region where the production units are radiating the largest number of eligible animals, in such a way that all eligible animals shall receive the amount corresponding to that region, irrespective of which part of them are located in units belonging to the other.

Article 67. Beneficiaries and general requirements.

1. Applicants who have been the holders of special rights in 2014 shall not be eligible for this assistance, and shall not have eligible hectares for the purposes of activating basic payment entitlements in the single application for each marketing year.

2. The aid shall be granted per eligible animal per year. Eligible animals shall be female bovine animals of milk fitness belonging to one of the breeds listed in Annex XIII, or to those breeds which the competent authority in the field determines as being an eminently dairy, of age equal to or greater than 24 months on the date of the end of the application period and registered in the General Register of Individual Animal Identification (RIIA), as set out in Royal Decree 728/2007, of 13 of June.

In order to determine the animals eligible for recovery of this aid, a check shall be made on the animals present on the holding of the applicant on 1 January, another on 30 April and two more checks on intermediate dates. determine, in the period between these two dates, both equal dates for all holdings in Spain. The animals to be computed shall be those present in the four checks carried out.

3. Holdings where the eligible animals are to be located shall meet the following requirements:

(a) Be registered in the general register of livestock holdings (REGA) with the type of exploitation "Production and reproduction" or type "pasture". In the first case, at the sub-farm level they must be classified as bovine holdings with a zootechnical classification of 'reproduction for milk production', 'reproduction for mixed production' or 'heifers'.

Without prejudice to the above paragraph, for the purposes of determining the eligibility of animals on the basis of paragraph 2, animals located in temporary movements shall be taken into account in pasture, fairs and markets, provided that they have been properly notified to the SIRAN system; and

(b) Haber has made deliveries of milk to first buyers, at least for 6 months in the period from 1 October of the year preceding that of the application and 30 September of the year of the application, or the declaration of direct sales in this last year with quantities sold.

Article 68. Specific requirements related to mountain areas.

In cases where the holding is composed of more than one production unit located in mountain areas and in areas other than mountain areas, in order to determine the type of area in which the holding of the applicant is located, shall address the number of eligible animals in each of the production units. The holding shall be defined as located in the area where the units of production are radiating the highest average number of eligible animals in the four dates referred to in Article 67.2, so that all eligible animals shall receive the the amount corresponding to that area, irrespective of whether part of them are located in units belonging to other areas.

Article 69. Amount of the help.

1. Within the budget allocation for milk-based beef holdings, the quantities set out in Annex II shall be reserved for each of the aid lines laid down in Article 66.3.

2. The applicable quantitative limits shall be as follows:

(a) Aid for holdings located in the region Spain peninsular: 598,935 animals.

(b) Aid for holdings located in the island region and mountain areas: 245,238 animals.

3. The Ministry of Agriculture, Food and the Environment, according to the information provided by the Autonomous Communities, as provided for in Article 107.5.d), shall establish annually a unit amount in each of the aid lines. established. This unit amount shall be the result of dividing each amount set out in Annex II between the eligible animals in each case and taking into account the degressivity set out in the following paragraph.

4. The amount of aid per animal in each of the two established regions shall be:

a) the full amount of aid for the first 75 eligible animals and

b) 50 percent of the full amount for the following eligible animals on the holding.

The amounts thus calculated will be published annually on the website of the Spanish Agricultural Guarantee Fund.

In no case shall the unit amount of this payment exceed EUR 430 per eligible animal. "

Twenty-two. Article 70 (1) is replaced by the following:

" 1. Aid shall be granted in association with the holders of sheep holdings in order to ensure the economic viability of these holdings and to reduce the risk of abandonment of this productive activity. '

Twenty-three. Article 71 (4) (a) shall be replaced by the following:

"(a) Be registered in the general register of livestock holdings (REGA) with the type of exploitation" Production and reproduction "or type" pasture ". In the first case, at the sub-farm level, they must be classified as sheep holding with a zootechnical classification of "reproduction for milk production", "reproduction for meat production" or "reproduction for production". mixed ", and"

Twenty-four. Article 73 is amended as follows:

(a) Paragraph 1 is replaced by the following:

" 1. Aid shall be granted in respect of the holders of goat holdings in order to ensure the economic viability of these holdings and to reduce the risk of abandonment of this productive activity. '

(b) Paragraph 3 is replaced by the following:

" 3. Two regions are created: the mountain areas along with the island region, and the rest of the national territory.

For these purposes, mountain areas shall be defined for each financial year as defined in Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 and which are designated by the Autonomous communities in their Rural Development Programs in force.

In cases where the holding is composed of more than one production unit, located in different regions, in order to determine the region in which the exploitation of the applicant is located, the number of animals shall be treated eligible in each of the production units. The holding shall be defined as located in the region where the production units are radiating the largest number of eligible animals, in such a way that all eligible animals shall receive the amount corresponding to that region, irrespective of that part of them are located in units belonging to the other. "

Twenty-five. Article 74 (4) (a) shall be replaced by the following:

"(a) Be registered in the general register of livestock holdings (REGA) with the type of exploitation" Production and reproduction "or type" pasture ". In the first case at the sub-farm level, they must be classified as a goat holding with a zootechnical classification of "reproduction for milk production", "reproduction for meat production" or "reproduction for production". mixed "; and"

Twenty-six. Article 77 (1) is replaced by the following:

" 1. Aid shall be granted to holders of milk cattle holdings which have maintained special rights in 2014 and do not have eligible hectares for the activation of payment entitlements under the basic payment scheme. '

Twenty-seven. Article 78 is amended as follows:

a) Paragraph 2 is replaced by the following.

" 2. Special rights holders, who in 2014 would also be holders of normal rights and who had declared on that campaign a surface equal to or greater than 0,2 hectares, shall not be eligible for this aid, except that the fact that they do not have eligible hectares on which to activate basic payment entitlements is due to the absence of eligible hectares as determined in the declaration of the application for aid for the year 2013. '

(b) Paragraph 3 is replaced by the following:

" 3. Holdings where the eligible animals are to be located shall meet the following requirements:

(a) Be registered in the general register of livestock holdings (REGA) with the type of exploitation "Production and reproduction" or type "pasture". In the first case, at the sub-farm level, they must be classified as bovine holdings with a zootechnical classification of 'reproduction for milk production', 'reproduction for mixed production' or 'heifers'.

Without prejudice to the above paragraph, for the purposes of determining the eligibility of animals, animals located in temporary movements shall be taken into account in pasture, trade fairs and markets, provided that they have been been conveniently notified to the STRAN system; and

(b) to have made deliveries of milk to first buyers for at least six months in the period from 1 October of the year preceding the application and 30 September of the year of application or having submitted the direct sales declaration in this last year with quantities sold. "

(c) The second paragraph of paragraph 4 is replaced by the following:

" bovine animals of the bovine species belonging to one of the breeds listed in Annex XIII to this royal decree, or those breeds which the competent authority in the field determines as an aptitude eminently dairy, of age equal to or greater than 24 months on the date of the end of the application period, and registered in the General Register of Individual Identification of Animals (RIIA), as set out in the Royal Decree 728/2007, dated June 13. "

Twenty-eight. Article 80 (1) is replaced by the following:

" 1. Aid shall be granted to operators of bovine animals for bait who have maintained special rights in 2014 and do not have eligible hectares for the activation of payment entitlements under the basic payment scheme. '

Twenty-nine. Article 81 is amended as follows:

a) Paragraph 2 is replaced by the following.

" 2. Special rights holders, who in 2014 would also be holders of normal rights and who had declared on that campaign a surface equal to or greater than 0,2 hectares, shall not be eligible for this aid, except that the fact that they do not have eligible hectares on which to activate basic payment entitlements is due to the absence of eligible hectares as determined in the declaration of the application for aid for the year 2013. '

(b) Paragraph 3 is replaced by the following:

" 3. The holdings in which the eligible animals are to be located shall be registered in the general register of livestock holdings (REGA) with the holding 'Production and reproduction' or 'pasture' type. In the first case, at the sub-farm level they must be classified as bovine holdings with a zootechnical classification of "reproduction for meat production", or "reproduction for milk production", or "reproduction for production". mixed "or" bait or bait " and shall be the last holding where the animals were located prior to their destination to the slaughterhouse or export.

Without prejudice to the above paragraph, for the purposes of determining the eligibility of animals, animals located in temporary movements shall be taken into account for pasture, trade fairs and markets provided they have been been conveniently notified to the STRAN system. "

(c) Paragraph 4 is amended as follows:

" 4. The aid shall be granted per eligible animal per year. The eligible animals for which each farmer may receive the payment in each year shall be:

Bovines between 6 and 24 months of age which have been pried between 1 October of the year preceding the application and 30 September of the year of application on the holding of the beneficiary or on a Community basis; and slaughtered in abattoir, or exported, in that same period. All of them must be registered in the General Register of Individual Identification of Animals (RIIA), as set out in Royal Decree 728/2007 of 13 June.

However, if the animals have left the last holding for an intermediate holding, such as a treatant, or a concentration centre, which are registered as such in the REGA, and from these they leave for the slaughter or export, the holder of the holding in which the animals were located prior to that movement to the intermediate holding, may benefit from the aid, provided that those animals fulfil all the above requirements; and do not remain on the intermediate holding for more than 15 days.

The determination of the fate of the animals, as well as the dates on which the animals entered the farm and the date of departure to the destinations that give rise to the eligibility, will be made through consultation with the SIRAN data. Between the date of departure to those destinations and the date of entry into the holding, there shall be a minimum difference of three months to determine the eligibility of the animals.

Where the applicant belongs to a Community bait to which he provides animals for the bait, the animals contributed to the baiting shall be counted in the associated aid of this applicant, and shall be deducted for the purposes of the calculation of the the amounts of aid to the bait if it is an applicant for the aid set out in Section 3. In the event that the aid also meets the requirements for this associated aid, it shall be carried out in the same manner as that laid down for the aid. Section 3 associated help. '

Thirty. Article 83 (1) is replaced by the following:

" 1. Aid shall be granted to holders of sheep and goat holdings who have maintained special rights in 2014 and do not have eligible hectares for the activation of payment entitlements in the basic payment scheme. '

Thirty-one. Article 84 is amended as follows:

(a) Paragraph 2 is replaced by the following:

" 2. Special rights holders, who in 2014 would also be holders of normal rights and who had declared on that campaign a surface equal to or greater than 0,2 hectares, shall not be eligible for this aid, except that the fact that they do not have eligible hectares on which to activate basic payment entitlements is due to the absence of eligible hectares as determined in the declaration of the application for aid for the year 2013. '

b) Paragraph 3 is not contained.

Thirty-two. Article 86 (1), (2) and (3) are amended as follows:

" 1. Farmers who in 2015 have basic, property, usufruct or leasehold payment entitlements and their total amount of direct payments to be received is not more than EUR 1,250 shall be automatically included by the competent authority in the Scheme for small farmers whose activation is set out in Chapter IV of Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment scheme entitlements of the common agricultural policy, unless expressly decided not participate in it, in which case they shall inform the competent authority before 15 October of the 2015.

2. By 30 September 2015, a provisional estimate of the amount of the payment of all direct payments per producer shall be made and shall be communicated to those farmers to whom the estimate amounts to a payment not exceeding 1,250 euro. They will also be informed of their right to decide not to participate in the small farmers scheme, even if they fulfil the conditions for this. This communication may be carried out by any of the possible ways that allow the beneficiaries to know their data, including the possibility of access to the database.

3. From 2015 onwards, only new farmers will be able to enter the small farmers scheme in cases where payment entitlements are allocated to them through the national reserve and will not be able to receive more than € 1,250 in support direct in accordance with the terms set out in Chapter III of Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment arrangements for the common agricultural policy, as well as those producers joining the scheme in question. through a transfer as set out in Chapter IV of that royal decree. "

Thirty-three. Article 89 (2) (g) is worded as follows:

" g) Forest or forest land: For the purposes of rural development measures established in the field of the integrated system, all areas covered by Law 43/2003 of 21 November of Montes, defined in Article 5. "

Thirty-four. Article 92 (4) is replaced by the following:

" 4. The single application shall declare all agricultural parcels which make up the entire agricultural area of the holding and which are available to the holder of the holding, whether under the ownership, usufruct, leasehold, sharecropping or the allocation of communal areas by a managing body of such areas, including those for which no aid scheme is requested. In the case of area aid measures for rural development programmes, it shall also be necessary to include the non-agricultural area for which aid is requested. '

Thirty-five. Article 101 (5) is worded as follows:

" 5. In the case of a control of a parcel requested by two or more farmers, it is found that a farmer has intentionally declared it in the single application without being at his disposal under ownership, usufruct, leasehold or an allocation by a managing body of a communal property, it shall be deemed to be creating the artificial conditions for obtaining the aid. '

Thirty-six. Article 107 is amended as follows:

(a) Paragraph 2 is read as follows:

" 2. Permanent pasture information:

Not later than 15 October of the year in which the application was submitted, the data for the permanent pasture determined and the total agricultural area for the purpose of calculating the maintenance of the pasture permanent as set out in Article 22. "

(b) Paragraph 5 is amended as follows:

1. º (c) is replaced by the following:

" (c) For the associated support for the bait bovine holdings referred to in Section 3 of Chapter II of Title IV:

Before 15 January of the year following the year of submission of the application total number of accepted applications for payment and number of animals entitled to payment:

1. Onions on the holding of birth.

2. Onions from other holdings. "

2. º (d) is replaced by the following:

" (d) In respect of the associated aid for milk-bovine holdings referred to in Section 4. of Chapter II of Title IV:

Before 15 November of the year of submission of the application, the applications accepted for payment and the number of animals entitled to payment in each of the aid lines laid down in Article 66.3 and in each tranche of degressivity as set out in Article 69.3. '

3. º The letter h) is replaced by the following:

" (h) In respect of the associated aid for bait-bovine holdings which maintained special rights in 2014 referred to in Section 8 of Chapter II of Title IV:

Before 15 January of the year following the year of submission of the application, total number of applications accepted for payment and number of animals entitled to payment. "

Thirty-seven. The additional first provision is amended as follows:

(a) Paragraph 2 is worded as follows:

" 2. In their virtue, farmers with almond, hazelnut, walnut, pistachio and carob plantations, which fulfil the conditions set out in this provision, may benefit from a national area payment for the years 2015 and 2016. '

(b) Paragraph 3 (a) is replaced by the following:

" a) Have a minimum density per hectare of 80 trees for almond, 150 for hazel and pistachero, 60 for walnut and 30 for carob. For mixed plantings of the species eligible for this aid, it is understood that this requirement is met if the densities are met at least for one of the species, in the whole parcel, or if they comply with the surface area. equivalent in pure culture of each species, in which case for the purpose of the aid, the area shall be computed. '

Thirty-eight. A new third additional provision is added, with the following content:

" Additional provision third. Mountain areas.

For the purposes set out in Articles 66 and 73 of this royal decree, mountain areas shall be understood to be the ones designated by the Autonomous Communities in their Rural Development Programs as of 1 January of each year. year. "

Thirty-nine. A new paragraph is added to the second final provision, which is worded as follows:

" The Minister may also amend Annex II by adjusting the livestock aid lines in order to prevent variations in the parameters used for the calculation of the aid from distorting the objective of the same, provided that it is permitted by the rules of the European Union. "

Forty. The table in Annex I is replaced by the following:

-cropping forest trees	Minimum planting density - Plant/hectare	Maximum harvest
	Eucalyptus (Eucalyptus)	3,300	18
Populus sp. (Chopo)	1,100	15 years
Salix sp. (Sauces and Wages)	5,000	14
5,000	5,000	14 "

Forty-one. Annex II is amended as follows:

" ANNEX II

Budget ceilings

An image appears in the original. See the official and authentic PDF document.

* Includes an increase of 3% of the national ceiling referred to in Article 22.2 of Regulation (EU) No 1307/2013. '

Forty-two. Annex III is amended as follows:

(a) The following title is added at the beginning of the Annex:

"CNAE or IAE codes of activities excluded in accordance with Article 10"

b) A new section is incorporated, with the following content:

" IAE codes for activities excluded in accordance with Article 10

-Airports:

Section first 74 (air transport)

-Rail services:

Section first 71 (rail transport)

-Water Supply Facilities:

Section first 161 (catchment, treatment and distribution of water for urban cores)

-Real estate services:

Section first 833 (real estate promotion)

Section 1 834 (services relating to property ownership and industrial property)

Section first 86 (real estate rental) (*)

Section 2 721 (Chartered agents of industrial property and real estate property)

Section second 722 (administrative managers)

Section second 723 (farm managers)

Section second 724 (brokers in building promotion)

-Permanent sports and recreational facilities:

Section first 942.2 (spas and baths)

Section 1st 965 (shows (except film and sports)

965.2-outdoor shows

965.4-show companies

965.5-taurine shows

Section 1 967 (sports facilities and schools and sport improvement services)

967.1-sports facilities

967.2-schools and sport improvement services

Section first 968 (sports shows)

Section first 979.4 (animal training and other care services for domestic animals)

Section 1 981 (gardens, amusement parks or attractions and water and skating rinks)

Section 1st 989 (other activities related to the show and tourism. Organisation of congresses. Parks or fairgrounds)

989.3-parks or fairgrounds.

(*) applicable to legal persons or groups of natural or legal persons. "

Forty-three. Annex IV is worded as follows:

" ANNEX IV

List of maintenance activities referred to in Article 11

A) Possible activities to be performed on farmland or permanent crops

-Labouro, which includes some of the practices such as: raising, subsolar, plowing, bining, gradation, deboding, depeding, asurcar (according to level curves that prevents erosion and favors the penetration of water in the soil, creation of chivales (separation of plots), poring (tree crops), etc.

-Work of cleaning in general of spontaneous vegetation, both in herbaceous to avoid scrub, and in tree-clearing of the edges of the tree-lined feet.

-In woody crops: ahoyed for further planting, planting proper, pruning of formation, pruning of maintenance, pruning of regeneration, harvesting, etc.

B) Maintenance activities to be performed on grasses

For tree and tree pastures

The following tasks will be supported on tree-lined and bushland pastures:

-Labors of brushy needed to maintain the pasture under appropriate conditions, avoiding degradation and invasion by the scrub.

For grassland and prairies

The following tasks shall be permitted on grassland, arable land (intended for the production of herbs and other herbaceous fodder) and grassland:

-Siega

-Maintaining proper drainage to avoid overloading

For all types of pasture

-Estercolate or fertilisation for exclusive purposes of homogeneous maintenance of the pasture in all or most of the surface. "

Forty-four. Annex VII is amended as follows:

(a) Paragraph I is amended as follows:

1. Paragraph 1 is replaced by the following:

" 1. Identification of the farmer: NIF, surname and name of the farmer and, if applicable, his spouse and marital status, if any, or social reason, date of birth if applicable, domicile (type of route and number, postal code, municipality and province), telephone and surname and the name of the legal representative in your case, with your NIF. In the case of a natural person, an indication of whether the ownership of the holding is shared by registration in the corresponding prior registration. Where appropriate, the verification of the identity data shall be carried out on its own initiative by the instructor, if authorised by the applicant. In case of failure to submit such authorisation, the applicant shall provide the relevant document. "

2. Paragraph 11 is replaced by the following:

" 11. Declaration of all agricultural parcels on the holding, including those for which no aid scheme is requested, indicating in any case and for each parcel, as set out in points 1 to 4 of heading III of this Annex. For each enclosure, the holding system shall be indicated, i.e. if the same is the property of the applicant, it is operated under a tenancy or a sharecropping system, indicating in such cases, for enclosures larger than 2 hectares, the NIF of the lessor or transferor (a) zero, usufruct or if it is a communal area allocated by a managing body of the same, in which case it shall provide the documentation relating to that allocation. In the case of area aid for rural development programmes, the non-agricultural areas for which the aid is requested shall be included. The indication of the NIF of the sublet or a non-member may not be carried out in those autonomous communities that have implemented a system that allows the owners of the plots to indicate which plots cannot be requested since they are not leased, thus preventing fraudulent use of the same. "

(b) Paragraph III is amended as follows:

1. Paragraph 4 is replaced by the following:

" 4. The use of the parcels, indicating in any case the cultivated product, the permanent pasture, other forage areas, the fallow and type of the same, the permanent crops, the areas planted with short-cycle forest plants, etc. In the case of pasture areas, it shall be indicated whether the parcels are to be produced with grazing, mowing or maintenance by other techniques. In the case of arable land, where appropriate, more than one product per campaign and parcel may be declared, always indicating as the main product the product to be used for the diversification measure provided for in Article 20. The applicant shall state in an express manner that the crops and uses as well as the declared maintenance activities are truthful and are a true reflection of their agricultural activity.

2. Paragraph 11 is replaced by the following:

" 11. In the case of both the aid associated with the nuts referred to in Section 4. of Chapter I of Title IV and the national aid for the nuts referred to in the first provision, the species and the number of trees of each of the existing species benefiting from such aid. '

(c) Paragraph IV, paragraph 1 is replaced by the following:

" 1. Declaration by the applicant that all the production units constituting the holding and in which they shall keep animals subject to aid applications or which must be taken into account for the purpose of their collection, correspond to the included in the computerised database as set out in Royal Decree 479/2004 of 26 March 2004. '

(d) Paragraph V is worded as follows:

" V. Additional information and documentation

1. Croquis of agricultural parcels where the producer does not declare the whole of a SIGPAC enclosure, or when he declares in an enclosure different products or varieties other than the same product, provided that the distinction between the different products and varieties have an impact on the eligibility of the aid being requested. The above shall not apply in the case of permanent pasture for common use and in the case where the ownership of the parcel is in the form of sharecropping.

2. For the purposes of the agricultural activity laid down in Article 11, in cases where the producer is to receive aid on land under pasture and not a holder of a livestock holding registered in REGA, as laid down in the Article 11 (6) (a) and (b) shall, where so established by the competent authority, provide evidence that it performs mowing or maintenance work as described in Annex IV on the area of pasture declared.

3. In the case of aid associated with the sugar beet referred to in Section 6 of Chapter I of Title IV, a copy of the supply contract with the sugar industry shall be provided.

4. In the case of the aid associated with the tomato for industry referred to in Section 7 of Chapter I of Title IV, a copy of the contract signed with the industry to be processed.

5. In the case of the associated aid for holdings which maintain suckler cows referred to in Section 2 of Chapter II of Title IV, official certificate on milk yield where necessary.

6. In the case of the associated aid for milk-based bovine holdings referred to in Section 4. of Chapter II of Title IV, documentary evidence showing that direct sales have been made in the year preceding the year of application for the year of application. the case that the holding does not make deliveries to buyers.

7. In the case of the associated aid for suckler cow, bovine, ovine and caprine bovine holdings referred to in Sections 2., 4. (5), 6. (7) and 9. of Chapter II of Title IV, when the farmer makes deliveries of milk to a first purchaser whose residence or registered office was not in Spain, documentary justification for such deliveries.

8 Without prejudice to the above paragraphs, where the competent authority has access to the documentation required in this paragraph, the applicant shall be exempted from the need for the submission of such documentation, Where appropriate, the competent authority shall be replaced by an express authorisation to access such information.

9. Any other information, in the form of "another declaration", established by the Autonomous Community for rural development measures in the field of the Integrated System. "

Forty-five. Annex VIII is replaced by the following:

" ANNEX VIII

Requirements and conditions to be met by the ecological focus areas set out in Article 24

I. Set-aside land

For fallow land to be considered areas of ecological interest, it shall not be devoted to agricultural production for at least a period of nine consecutive months from the previous harvest and in the period from October of the year preceding the year of the application and the month of September of the year of the application. In any event, the area shall be declared as a fallow area in the year of application for which it is intended as an ecological area of interest.

In addition, on the basis of the single application for 2016, fallow areas which are intended to be taken into account as an ecological interest must not have been preceded by any nitrogen-fixing crops of the included in the listing in the following section.

II. Nitrogen-fixing crops

Ecological areas of interest shall be those dedicated to the cultivation of the following species of leguminous plants for human or animal consumption: Jewish, chickpea, lentil, pea, beans, lupins, carob, jars, lunch, veza, yeros, alholva, alverja, alverjon, alfalfa, esparceta, zulla, clover.

In order to optimise the environmental benefit of nitrogen-fixing crops, these shall be maintained on the ground, at least, to the state indicated below depending on the type of species and Utilization:

-To the stage of the milky maturity of the grain, in the case of grain use;

-Until the beginning of flowering, in the case of annual forage or green harvesting;

-Throughout the year, in the case of multi-annual fodder legumes, except in the year of planting and raising of the crop, which will be carried out in accordance with traditional practices in the area.

In order to avoid the risk of nitrogen leaching from nitrogen-fixing crops in the autumn, as well as to take advantage of the soil improvement obtained with this type of crops, they must be followed, in the rotation of crops from the holding, by some crop which does not have the capacity to fix nitrogen, not being allowed to leave the land in fallow. In particular, on the basis of the single application for 2016, the areas of nitrogen-fixing crops which are intended to be taken into account as an ecological interest must not have been preceded by another legume, with the exception of Multi-annual fodder legumes for the duration of their cultivation cycle. '

Forty-six. Annex XI is replaced by the following:

" ANNEX XI

Leguminosas and quality names accepted for the aid associated with the quality legumes referred to in Section 5 of Chapter I of Title IV.

Part I. Eligible Leguminosas.

Garbanzo: Cicer arietinum.

Lentil: Lens sculenta, Lens culinaris.

Jewish: Phaseolus vulgaris, Phaseolus lunatus, Phaseolus coccineus.

Part II. Quality designations: Ecological Agriculture.

Protected Source Denominations and Protected Geographical Indications:

Jewish PDO of the Ganxet.

PGI Alubia de La Baneza-León.

IGP Faba Asturiana.

IGP Faba de Lourenza.

IGP Garbanzo from Fuenteauco.

IGP Judias de El Barco de Avila.

The Lentija PGI of La Armuna.

IGP Lentija Pardina de Tierra de Campos.

IGP Garbanzo de Escacena.

PDO Fesols de Santa Pau.

Other quality names:

Alubia de Guernika.

Alubia de Tolosa.

Alubia Pint Alavesa.

Pedrosillo Garbanzo.

Granja's gate.

Anguiano's Alubia. "

Forty-seven. The title of Annex XIII is replaced by the following:

"Beef Races referred to in Articles 61, 67 and 78"

Article 2. Amendment of Royal Decree-1076/2014 of 19 December 2014 on the allocation of basic payment arrangements for the Common Agricultural Policy.

Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment arrangements for the Common Agricultural Policy is amended as follows:

One. Article 17 (i) is replaced by the following:

" (i) Problems in the processing of the application for support of the 2013, 2014 or 2015 campaigns, which are not the responsibility of the farmer, and which have resulted in the failure to submit such an application. These cases must be credited by submitting a certification of the entity that has made the error, assuming responsibility for the lack of processing of the application and, if appropriate, the documentation showing that the The farmer has been compensated for the damage caused by the corresponding liability insurance. In addition, the beneficiary must have submitted the corresponding aid applications, at least for the 2011, 2012 and 2013 or 2014 marketing years, or 2013 and 2014 if the non-processing has been the single application for 2015. '

Two. Article 24 is amended as follows:

(a) Paragraph 2 (b) is amended as follows:

" (b) young farmers and farmers who start their agricultural activity, even if they have already received a first allocation of single payment entitlements through the national reserve 2014, which meet the criteria set out in this Article. '

(b) Paragraph 3 is amended as follows:

" 3. A young farmer shall be understood for the purposes of this Article:

(a) To natural persons who are not more than 40 years of age in the year of filing of the application for basic payment entitlements of the national reserve and:

1. Having a favourable file for the granting of the first installation aid in the field of a Rural Development Programme or which credit the appropriate training and training in the agricultural field, for which (a) the identification of criteria for the training and professional experience, as provided for in Article 4 (1) (b) of Law 19/1995 of 4 July 1995 on the Modernisation of Agricultural Holdings, which are in accordance with the requirements of the rural development programmes developed by each autonomous community.

2. º to be installed for the first time on an agricultural holding as responsible for the holding, or which have been installed on that holding in the five years preceding the date of completion of the deadline for the submission of the single application of the marketing year for the first submission of an application under the basic payment scheme. For the purposes of paragraphs 3 (a) and 3 (b), the first installation shall be considered from the date of discharge in the social security scheme for the agricultural activity to be determined by its incorporation.

(b) To legal persons, irrespective of their legal form, if they fulfil the following conditions:

1. Where effective long-term control over the legal person applying for the allocation of basic payment entitlements to the national reserve corresponds to a young farmer who complies with the provisions of paragraph 3 (a). A young person or a group of young farmers shall be deemed to exercise effective control over the legal person when they have the right to decide within that legal person, which requires their participation in the social capital of the person The legal basis is more than half of the total share capital of the company and that it holds more than half of the voting rights within it.

2. Where several natural persons, including persons other than young farmers, participate in the capital or the management of the legal person, the young farmer shall be in a position to exercise such effective control over long term in individual form or in collaboration with other farmers. Where a legal person is individually or jointly controlled by another legal person, the conditions set out in the preceding paragraph shall apply to any natural person exercising control of that other legal person.

For these purposes, the reference to the "installation" referred to in paragraph 3 (a) shall be understood to be made for the installation of young farmers exercising control of the legal person. "

(c) Paragraph 4 is amended as follows:

" 4. The term 'farmer' means a farmer who starts his agricultural activity for the purposes of this Article:

(a) Having adequate training and training in the field of agriculture, the determination of which will be met with the criteria of education and professional experience, as provided for in Article 4 (1) (b) of the Treaty. Law 19/1995 of 4 July, of Modernization of Agricultural Holdings, which are in accordance with the requirements of the rural development programs developed by each Autonomous Community.

(b) commencing its agricultural activity in the year 2013 or later, provided that in the five years preceding the date of commencement of the new activity, no agricultural activity has been carried out on its own account and at risk, or exercised the control of a legal person engaged in an agricultural activity. For these purposes, the commencement of the activity shall be considered from the date of discharge in the social security scheme corresponding to the agricultural activity to be determined by its incorporation.

(c) To submit a national reserve application for the basic payment scheme not later than two years after the calendar year in which they have started their agricultural activity. "

d) Paragraph 5 is replaced by the following:

" 5. A case of force majeure or exceptional circumstances, for the purposes of the national reserve, where the farmers do not comply with Article 10.1 (a), because they have not submitted their single application in 2015, and subsequently request rights Basic payment from the national reserve. Where such a situation arises, the beneficiary concerned, or his or her right-holder, shall notify the competent autonomous community in writing of the claim for reasons of force majeure or exceptional circumstances which prevented him from submitting the application. referred to in the regulatory period, together with the relevant evidence to the satisfaction of that authority, within 15 working days of the date on which the beneficiary or his/her rightholder is in a position to do so, established in Article 4.2 of Delegated Regulation (EU) No 640/2014 of the Commission of 11 March 2014 2014, supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the integrated system for the management and withdrawal of payments and on administrative penalties applicable to direct payments to aid to rural development and cross-compliance. "

Three. Article 25 is amended as follows:

(a) Paragraph 2 is replaced by the following:

" 2. Farmers who access the national reserve for the case of young farmers, in addition to the general conditions, shall, where appropriate, comply with the following specific conditions:

(a) The first installation in the field of a rural development programme shall be understood when there is a favourable decision to grant the first installation aid, to the date of completion of the submission of the single application.

b) Having adequate training and training in the agricultural field, in accordance with the requirements of the rural development programmes developed by each autonomous community, accredited to the date of completion of the deadline for submission of the single request.

(c) The installation must have occurred within the five years preceding the first submission of an application under the basic payment scheme.

(d) The farmer may not have received rights from the national reserve in previous allocations of basic payment entitlements of the national reserve, except in the case of firm court judgments or if the young person's incorporation the agricultural activity is carried out by means of a Rural Development Programme implemented in several phases.

(e) The farmer must have incorporated himself into the agricultural activity and be discharged into the social security in the agricultural activity, as provided for in the legislation in force, to the final date of the deadline for the submission of the application for basic payment entitlements of the national reserve.

(f) The farmer, in the single application of the year corresponding to the application to the national reserve, must make the declaration of the holding where he exercises the agricultural activity and of which he owns the ownership or co-ownership under ownership or lease.

g) Not having exercised the agricultural activity in the five marketing years prior to the date considered as its first installation. "

(b) paragraph 3 (b) is amended as follows:

" b) Having adequate training and training in the agricultural field, in accordance with the requirements of the rural development programmes developed by each autonomous community, accredited to the date of completion of the deadline for submission of the single request. "

Four. Article 26 is amended as follows:

(a) The first paragraph of paragraph 2 is replaced by the following:

" 2. In cases of force majeure or exceptional circumstances: "

(b) Paragraph 4 is worded as follows:

" 4. First, the rights established in the cases referred to in points (a) and (c) of Article 24 (2) shall be allocated. If, after making this allocation, the reserve is retained, the rights set out in the cases referred to in paragraph 2.b) of the same Article shall be allocated, giving priority to the holders of a holding under a shared ownership, as regulated Law 35/2011 of 4 October and which are entered in the register for that purpose and the holders who have a favourable file for the granting of the first installation aid in the field of a Rural Development Programme or who credit their installation as a professional farmer on a holding priority in the terms defined in Law 19/1995, of 4 July, by obtaining the corresponding certification of the existing registers in the Autonomous Communities or the General Catalogue of the Ministry of Agriculture, Food and the Environment, even if they did not obtain aid from that facility, or that they have applied for the classification as a priority agricultural holding in the period of the single application in which they submit their application for a national reserve and have the corresponding cataloging before the allocation of rights. "

Five. Article 27 (2) is replaced by the following:

" 2. The autonomous communities shall communicate the allocation of rights to farmers in their area before 28 February of the year following the year of lodging of the application for rights to the national reserve, except in the first year of application of the basic payment scheme, in which this date will be 1 April 2016. After that period has elapsed without the express decision being given and communicated, the persons concerned may understand their application, in accordance with the provisions of Article 44.1 of Law No 30/1992 of 26 November. '

Six. A point (c) is added to Article 29 (3), with the following content:

" (c) In cases where the use and administration of the holding is transferred between a land tenant that ends the lease, and the new tenant of the land. This case must be linked to the formalisation of a land lease agreement between the owner of the land and the new owner of the holding mentioned above, which proves that there is continuity in the management of the holding between both tenants.

The assumption of those transfers of basic payment entitlements in which the transferor of the rights would have a livestock holding with a concession of communal pastures in the previous marketing year shall be treated as the previous assumption. the marketing year in question, while the transferee of those duties has, in the marketing year concerned, a new concession of communal pasture by the same managing body for its livestock holding for at least the same number of hectares which would have been no longer received from the managing body of the communal pasture by the transferor. "

Seven. Article 30 (1) is replaced by the following:

" 1. The transferor shall communicate the transfer of the payment entitlements to the competent authority before which it has submitted its last single application, giving, together with that communication, the necessary documents, on the basis of the type of disposal chosen, for accredit the same. The communication period will start on 1 November and will end when the deadline for submission of the single application for the following year is over, although each autonomous community may delay the start of the communication of transfers to a date. after the start of the deadline for the submission of the single application.

However, by way of exception, for the 2016 campaign, the reporting period will start on February 1 and end when the deadline for submitting the single application for the campaign for all communities is over. standalone. "

Eight. Point (b) of the first row of paragraph 3 of the paragraph referred to in Annex V, in particular, is replaced by the following:

"b) Failure to submit the single application in 2013 or 2015, for reasons attributable to the contributing entity."

Nine. The following model is added at the end of Annex VI:

" MODEL OF TRIPARTITE AGREEMENT BETWEEN THE PARTIES FOR THE TRANSFER OF RIGHTS IN THE CASE OF HOLDINGS WITH THE LEASED TERRITORIAL BASE.

For cases where the use and management of the holding is transferred between a land tenant (1) ending the lease, and the new tenant of such land (2), is due to to associate the transfer of the basic payment entitlements to the formalisation of a land lease agreement between the owner of the land (3) and the new owner of the holding mentioned above (2), which proves that there is continuity in the management of the exploitation between the two tenants

In these cases, in conjunction with the model of assignment of rights to be established between 1 and 2, the following agreement of lease of the lands of the holding between the owner must be signed simultaneously of the land (3) and the new tenant (2) which is the transferee of the rights:

D. ........................................, NIF (3) as a lessor, by signing this document, agrees to transfer to D. ........................................, NIF (2) as a NEW tenant, the relationship of plots which are then detailed and which had been under lease, now expired, under the ownership of D. ........................................, NIF (1)

	SIGPAC Reference	Municipality	Number of hectares

The undersigned declare that the data and documentation they provide are true,

In ..............................................., to ......... of .................. of 201 ......

The owner (3),

Fdo.: ...............................................

The tenant part (1) ending the contractual relationship with the owner

Fdo.: ...............................................

Tenant (2),

Fdo.: ...............................................

Documentation attached:

Lease End Document

Public write or private document cleared of taxes that tax the lease of rustic estates.

Other documents to be specified by stakeholders ......................................... "

Article 3. Amendment of Royal Decree 1077/2014 of 19 December 2014 regulating the geographical information system for agricultural parcels.

Paragraph 1 of Annex I to Royal Decree 1077/2014 of 19 December 2014 governing the geographical information system for agricultural parcels is amended as follows:

One. Paragraph 1 (f) shall be without content.

Two. The first subparagraph of paragraph 2 is replaced by the following:

" The alphanumeric database contains the following minimum information for each of the enclosures: identification codes, surface, eligibility coefficient in pasture, perimeter, assigned code of use, incidents detected in the subdivision, irrigation coefficient, average slope, eligibility, number of tree nuts by species (almond, carob, hazel, walnut and pistachio) and region of the Basic Payment Scheme (as defined in the Article 7 of Royal Decree No 1076/2014 of 19 December 2014 on the allocation of basic payment of the common agricultural policy), as well as other information to be determined at the coordination table. "

Single transient arrangement. Validity of the communications of the transfers of rights to the Administration.

Notwithstanding the provisions of paragraph 7 of the second article of this royal decree, the communications of the transfers of payment entitlements filed from November 1, 2015 until the entry into force of this royal decree, shall be considered as validly submitted for the purposes of their processing and related resolution.

Final disposition first. Competence title.

This royal decree is of a basic nature, and is dictated by the provisions of Article 149.1.13. of the Spanish 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. Entry into force.

This royal decree shall enter into force on 1 January 2016, except as provided for in Article 1 (30) and (8) and Article 2 (7), which shall enter into force on the day following that of its publication. in the "Official State Gazette".

Given in Madrid, on December 29, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA