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Royal Decree 1151 / 2015, December 18, By Which Amending Royal Decree 550/2014, Of 27 June, Which Develops The Requirements And The Procedure For The Recognition Of Priority Associative Entities And For Its Inscri...

Original Language Title: Real Decreto 1151/2015, de 18 de diciembre, por el que se modifican el Real Decreto 550/2014, de 27 de junio, por el que se desarrollan los requisitos y el procedimiento para el reconocimiento de las Entidades Asociativas Prioritarias y para su inscri...

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TEXT

Law 13/2013 of 2 August, promoting the integration of cooperatives and other associations of agricultural and food character, provides for a basic instrument to help improve the structure of the supply and the integration, by resizing the associative entities, which is the new figure of the priority associative entity (EAP).

Law 13/2013 of 2 August, in Articles 1, 3 and 5 and in its unique additional provision, defines the new figure of the Priority Associative Entity, lays down the conditions for its recognition by means of the corresponding regulatory procedure, and creates in the Ministry of Agriculture, Food and Environment, the National Register of Priority Associative Entities, attached to the Directorate General of the Food Industry.

Subsequently, by means of Royal Decree 550/2014 of June 27, the requirements and the procedure for the recognition of the Priority Associative Entities were developed and for their registration and discharge in the National Register of Priority Partnership Entities, provided for in Law 13/2013 of 2 August, to promote the integration of cooperatives and other associations of agricultural and food nature.

The EAP regulated in the law have a supra-autonomic territorial component both for the location of the members that integrate it, and for the economic activity they develop in the territory of more than one community. autonomic.

The judgment of the Constitutional Court 85/2015, of April 30, relapsed in an appeal of unconstitutionality brought by the Generalitat of Catalonia against that law, has annulled article 3.2 and eliminated the reference " Ministry ' in Article 5 (3) and (4) of that Law 13/2013 of 2 August.

The judgment of the Constitutional Court does not question the use of the jurisdiction of 149.1.13. It is not justified by the fact that the assumption of executive functions by the General Administration of the State has not been justified. on the basis of the supra-territoriality and the exclusion of the autonomous communities in relation to the procedure for the recognition of the (EAP). Well, once justified in accordance with the constitutional case law in the General Cortes, the need for the State to assume such executive functions, since it would not be possible to establish a territorial connection point, given the the structure, nature and dimension of the organizational structures that it is intended to promote, and taking into account the legal bases of the judgment, has proceeded to modify the aforementioned law giving to the autonomous communities in the stage of recognition through consultation, although such justification will not be clearly reflected in the explanatory statement of the law as it has been processed by amendment of the addition.

Law 25/2015, of 28 July, of mechanism of second opportunity, reduction of financial burden and other measures of social order, incorporated in its final disposition tenth a modification of the Law 13/2013, of August 2, effects of adapting the text of this law to the content of the judgment of the Constitutional Court 85/2015 of 30 April 2015, facilitating the participation, through its consultation, of the autonomous communities affected territorially in the recognition by the Ministry of Agriculture, Food and the Environment, in turn, informed about the modifications of the conditions of recognition and simplifying the National Register of Priority Associative Entities.

In this sense, article 3 of Law 13/2013, dated 2 August, is amended, taking into account the prior consultation of the autonomous communities affected by their supra-regional character and establishing the obligation of those responsible for the EAP to communicate to the Ministry changes that could affect its priority status when they occur, as well as to the autonomous communities affected by its supra-regional character.

Article 5 is also amended, for which the Ministry of Agriculture, Food and the Environment is hereby set up, with an informative nature, attached to the Directorate-General of the Food Industry, a National Register of Priority associative entities, in which the entities of this nature recognized in accordance with the law and in its implementing regulation shall be registered.

Accordingly, it is appropriate to adapt the current regulation provided for in Royal Decree 550/2014 of 27 June 2014 to the new legislation amending Law 13/2013 of 2 August. In particular, the Article 5 amendment and the replacement of Articles 7 and 8 are based on the first article: taking into account the legal bases of the said judgment, the participation of the autonomous communities is included. territorially affected in the recognition phase of the EAP. The legal nature of the register is also reflected in a purely informative manner, and as a result of technical improvements resulting from experience in its management and for greater clarity and legal certainty for the parties concerned, it is introduced in Article 3, an accuracy of the information to be supplied in the case of generic acknowledgements, relating to the products for which recognition is sought.

On the other hand, by the second article, a modification of Articles 58 and 96 of Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support program to the sector is incorporated. wine.

Regulation 1308 /2013 (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Regulations (EEC) No 1308 /2013 (EU) No 1308/2013 (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, provides in Article 40 that no support shall be granted through the programmes of support in the wine sector to the measures taken in the rural development programmes of the Member States. This aspect has been regulated to date in Article 96 of the said Royal Decree 1079/2014, which provided that the investment commitments adopted since 1 July 2014 should be financed exclusively from the Funds of the Support Programme. Spanish Wine Sector.

For its part, Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and for which it is repeals Council Regulation (EC) No 1698/2005 on investments in physical assets in Article 17 thereof, without discriminating against the type of product to which it is addressed.

The amendment established in this royal decree allows the support for new investment projects in the wine sector, once eliminated, since 1 February 2016, the possibility of submitting new applications from the European Agricultural Guarantee Fund (EAGF), may be included in the rural development programmes under Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on development aid rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing the Council Regulation (EC) No 1698/2005. This is without prejudice to the commitments under previous calls.

This possibility of support for new investment projects in the wine sector through the measure of investments in physical assets of rural development programs will be articulated in strict competition with the for the rest of the sectors, not having any preference.

On 30 June, a modification of the Spanish Programme of Support to the Wine Sector was sent to the European Commission, in which the decision to suspend in the national standard regulating the application of the measures was communicated. of the Support Program, the presentation of more requests for investment projects from February 1, 2016. The possibility of changing the support for this type of investment through rural development programmes, with EAFRD funding, was also reported.

Finally, by means of the final provision, it is amended, in order to cover certain aspects of the content of the call, Royal Decree 1010/2015 of 6 November establishing the regulatory bases for the granting of aid for material or intangible investments in the processing, marketing and development of agricultural products under the 2014-2020 National Rural Development Programme for the promotion of the integration of associative entities agri-food of a supra-regional character.

In the process of this standard, the autonomous communities and representative entities of the affected sectors have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 18 December 2015,

DISPONGO:

Article first. Amendment of Royal Decree 550/2014 of 27 June, implementing the requirements and the procedure for the recognition of the Priority Associative Entities and for their registration and discharge in the National Registry of Entities Priority Partnership, provided for in Law 13/2013 of 2 August, to promote the integration of cooperatives and other associations of agricultural and food nature.

Real Decreto 550/2014, of 27 June, for which the requirements and the procedure for the recognition of the Priority Associative Entities are developed and for their registration and low in the National Registry of Entities Priority Partnership, provided for in Law 13/2013 of 2 August, to promote the integration of cooperatives and other agri-food associations, is amended as follows:

One. In Article 3 (2), a new point (f) is added, with the following wording:

" (f) Where the entity applies for generic recognition in accordance with the minimum volume provided for in paragraph (b) of Annex I, the information referred to in the preceding letters shall relate to the products for which the which is intended to obtain such recognition. "

Two. Article 5 is worded as follows:

" Article 5. Recognition procedure.

1. It is for the Food Industry Directorate-General of the Ministry of Agriculture, Food and the Environment, in coordination with the autonomous communities affected by its supra-regional scope, to carry out the checks for the recognition.

2. The Food Industry Directorate-General of the Ministry of Agriculture, Food and the Environment will submit applications for recognition and registration to the competent bodies of the autonomous communities affected territorially for their report within one month of receipt of the request for the same, in accordance with the provisions of Article 83.4 of Law 30/1992 of 26 November, in compliance with the duty of collaboration between public administrations. It is understood that there is territorial involvement of an autonomous community when there are grassroots partners in that community. If no reply is received within that period, the action shall be continued. During this period the affected autonomous communities or the Directorate General itself may propose the holding of a meeting with the participation of all the interested autonomous communities to resolve any doubts or suggestions that may be considered for recognition.

3. Once the reports of the competent bodies of the autonomous communities concerned have been received, or after the deadline for issuing them, the Director-General of the Food Industry will give a reasoned decision without this resolution putting an end to the administrative.

4. The previous decision and notification shall be taken within six months of the date of the application's entry into the register of the body responsible for processing, which may be deemed to be the same as the request.

5. In the case of entities in the process of being established, the final judgment shall be conditional upon its effective constitution, in which case certification by the governing body of the effective acquisition of personality shall be provided. legal and other documentation to replace the one presented at the time, within one month of the notification of the final judgment.

6. The final judgment shall be communicated to the competent bodies of the autonomous communities affected by the EAP, for their knowledge and constancy. In the case of entities in the process of incorporation, the documentation referred to in the previous paragraph shall be verified once the documentation has been provided.

7. That judgment may be brought before the General Secretariat for Agriculture and Food within one month from the day following that of its notification in accordance with the provisions of Articles 114 and 115 of Law 30/1992, of November 26. "

Three. Article 7 is worded as follows:

" Article 7. Operation of the National Register of Priority Associative Entities.

1. The National Register of Priority Associative Entities, of an informative nature, and attached to the Directorate General of the Food Industry of the Ministry of Agriculture, Food and Environment, in accordance with the provisions of Article 5, of Law 13/2013, of 2 August, will be in charge of the maintenance of the data of the recognized entities.

2. Each EAP shall be assigned a separate and independent number, the relationship of which shall be published on the website of the Ministry of Agriculture, Food and the Environment. "

Four. Article 8 is worded as follows:

" Article 8. Modification of the conditions and cancellation of the recognition.

1. The modification and cancellation of the recognition of the EAP may take place on its own initiative or at the request of the person concerned.

2. The parties concerned shall communicate any information affecting the conditions of recognition within one month of the date of their occurrence, indicating the new situation, duly accompanied by the supporting documentation. Such communications shall be addressed to the Food Industry Directorate-General and to the competent bodies of the autonomous communities affected by the territorial scope of the EAP.

The General Directorate of the Food Industry will proceed to modify the conditions of recognition, prior to the report of the autonomous communities affected by the modification, in accordance with Article 83 of the Law 30/1992, of 26 November, which will be subsequently communicated to the stakeholders and the Autonomous Communities of the territorial scope of the EAP.

3. Where such information determines the failure to comply with any of the requirements laid down in Articles 2 and 3, the provisional suspension of the recognition shall be carried out for a period of three months, which has not been remedied or provided supporting documentation that, in the light of the new circumstances, the provisions referred to in those Articles are fulfilled, the recognition shall be cancelled after the instruction of the the administrative procedure which will in any case guarantee the hearing of the person concerned and the autonomous communities concerned, as provided for in paragraph 4.

4. The Directorate-General of the Food Industry shall, after warning of the cancellation of the recognition as EAP, carry out its trade of those entities which do not comply with the obligations laid down in Article 6. Within three months of notification of the warning and after hearing of the interested parties and report of the autonomous communities affected by the territorial scope of the EAP, the Directorate-General of the Food Industry shall dictate and notify a reasoned decision within one month. This decision may be brought before the Secretary-General of Agriculture and Food within one month, in accordance with the provisions of Article 114 et seq. of Law 30/1992 of 26 November. '

Article 2. Amendment of Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support programme for the wine sector.

One. Article 58 (1) is worded as follows:

" 1. Interested parties who meet the required conditions shall submit their request to the competent authority of the autonomous community where the establishment is located where the investment is to be carried out.

However, in the case of a marketing project in another Member State, applications must be addressed to the competent body of the autonomous community where the tax domicile of the applicant is located.

Applications shall be submitted directly or through any of the means provided for in Article 38.4 of Law 30/1992 of 26 November 2016, before 1 February 2016. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

However, the Autonomous Communities may provide, for applications in their field of jurisdiction, that both the submission of those applications, and the notifications resulting from them, are made, exclusively or partially by electronic means.

The case must include all the data in the investment project. Both the application model and the relevant documentation may be established by the autonomous community. The application may also include a corresponding request for certification of the non-starter of the investment at the time of its submission. "

Two. Article 96 is amended as follows:

" Article 96. Compatibility of aid.

The measures that are included in the Rural Development Programmes under Council Regulation (EC) No 1698/2005 of 20 September 2005 and of the European Parliament and of the Council of 20 September 2005 will not be financed from the National Support Programme funds. Regulation (EU) No 1305/2013 concerning support for rural development, information and promotion operations for agricultural products on the internal market and in third countries as set out in Article 2.3 of Regulation (EC) No 3/2008 Council Regulation (EC) No 1040/2002 of 17 December 2007 and the measures laid down in Regulation (EC) No 1040/2002 Commission of 14 June 2002 laying down detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant health purposes and repealing Regulation (EC) No 2241/2002 2051/97, and other measures financed by financial instruments of the European Union.

However, since 1 February 2016, support for the new investment projects whose object is in line with the provisions of Article 53 of Royal Decree 1079/2014 of 19 December 2014 for the implementation of the measures of the 2014-2018 support programme for the wine sector in development as provided for in Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in the field of Agricultural products shall be governed exclusively by Regulation (EU) No 1305/2013 of the European Parliament European and Council of 17 December 2013 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.

In no case will this aid be accumulated or supplemented by other national aid or by the autonomous communities dedicated to the same purpose. "

Single transient arrangement. Processing of previous requests.

Applications whose processing has been initiated before the date of entry into force of the final provision of the 10th of Law 25/2015 of 28 July, second chance mechanism, reduction of the financial burden and others measures of social order, of amendment of Law 13/2013, of 2 August (BOE of 26 July 2015), will continue the procedures provided for in Royal Decree 550/2014, of 27 June, for which the requirements and the procedure for the recognition of the Priority Associative Entities and for their registration and low in the Registry National of the Priority Associative Entities, provided for in Law 13/2013 of 2 August, promoting the integration of cooperatives and other associations of agricultural and food character.

Single additional disposition. Legislative references.

The references to Articles 38.4, 83.4, 114 and 115 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, of this royal decree, will be understood carried out under the relevant provisions of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations.

Final disposition first. Amendment of Royal Decree 1010/2015 of 6 November establishing the regulatory basis for the granting of aid for tangible or intangible investments in the processing, marketing and development of agricultural products Framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character.

Royal Decree 1010/2015 of 6 November establishing the regulatory basis for the granting of aid for material or intangible investments in the processing, marketing and development of agricultural products in the Framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character, is amended as follows:

1. Article 6.3 is worded as follows:

" 3. The duration of the implementation of the investment project shall be set out in the relevant call for assistance, not exceeding two years from the date of the submission of the aid application or, where appropriate, from the lifting of the start.

Up to two execution periods may be established, the duration of which will be set in the corresponding call.

In the project, the corresponding actions and budget must be differentiated for each of the two execution periods, if any. "

2. A final paragraph is added to Article 8.1 with the following wording:

" The consideration of eligible expenditure shall be those carried out within the eligible period. The eligible period of expenditure shall be from the submission of the aid application or, from the date of the lifting of the non-commencement act, to the date fixed by the relevant call. However, until the relevant award decision is published, no right to the perception of the aid will be generated. "

3. Article 16.3 is worded as follows:

" 3. The time limit for the submission of the payment application shall be that set out in the relevant call. '

Final disposition second. 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 December 18, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARC√ćA TEJERINA