Law 13/2013, on 2 August, promoting the integration of cooperatives and other associative entities agri-food, drives a structural reform of the agri-food sector to provide associative entities of higher competitive capacity, through its integration.
The Act contains two instruments of development. On the one hand, the State Plan of associative integration; and on the other, the Royal Decree 550/2014, of 27 June, by which develop the requirements and the procedure for the recognition of priority associative entities and their enrollment and low on the national register of priority associative entities, law 13/2013, August 2, of promoting the integration of cooperatives and other agri-food associative entities. In this way, establishing a legal system of associative entities whose territorial scope extends to more than one autonomous community.
On the other hand, support to investment policy is a fundamental measure of the actions to be developed in the framework of the programming of rural development for the period 2014-2020.
The procedure followed for this purpose has been the following. Once approved the agreement between Spain and the European Union, which established the main strategic lines for the structural funds and European investment, the national framework for the programming of Rural Development Association, approved execution of Commission Decision of 13 February 2015 which approves the national framework of rural development in Spain It is the document that marks more concrete guidelines for the performances of investments for the processing and marketing of food in its paragraph 5.2.2. This national framework is the text which provides, in its paragraph 5.1.6 the national program of Rural development include «a set of measures aimed at supporting the cooperative integration processes, the beneficiaries will be associative entities classified as priority under cover of law 13/2013, August 2».
As indicated above, the aforementioned national framework is part of the National Rural Development Programme 2014-2020 presented by the Kingdom of Spain and approved by the European Commission through the implementation of Commission Decision of May 26, 2015 which approves the National Rural Development Programme of Spain for the purposes of the grant of aid from the European agricultural fund for Rural Development (ICC 2014ES06RDNP001) in accordance with the provisions in Regulation (EU) No. 1305 / 2013, the European Parliament and of the Council of 17 December 2013, on support for rural development by the European agricultural fund for Rural Development (EAFRD) and which repeals is Regulation (EC) No. 1698 / 2005 of the Council.
Mentioned Regulation (EU) No. 1305 / 2013, of the European Parliament and of the Council of 17 December 2013, allows, as a novelty over the period 2007-2013, the Member States to submit a national program and a set of regional programmes, ensuring consistency between national and regional strategies.
On the other hand, the sectoral Conference on Agriculture and Rural development of 24 and 25 July 2013 development agreed a national programme of Rural Development (in later PNDR), with an EAFRD allocation maximum of 238 million euros, this being the amount of additional rural development funds allocated to Spain in the period 2014-2020 compared to the previous period.
In particular, one of the performances of part-financed aid to investment in physical assets, as referred to in article 17.1. b and 45 of Regulation (EU) No. 1305 / 2013 of the European Parliament and of the Council of 17 December 2013, and reflected as the NDPR M.04.003, focuses on support for investments in active physical rush by priority supraautonomico associative entities destined to the processing, marketing and development of agricultural products.
Therefore, investment regulated by Royal Decree of bases are framed in the National Rural Development Programme, funded by the Ministry of agriculture, food and environment and the European agricultural fund for Rural Development (EAFRD) and regulated by the Regulation (EU) No. 1305 / 2013 of the European Parliament and the Council, of 17 December, on support through the European agricultural fund for Rural Development (EAFRD) rural development and the that repealing Regulation (EC) No. 1698 / 2005 of the Council.
These grants seek to facilitate innovation and the incorporation of new technologies and knowledge, increasing the productivity and efficiency of these bodies and, ultimately, improve their ability to compete in a global marketplace, favoring a smart, sustainable and inclusive growth, enabling higher levels of employment, productivity and contributing to greater economic, social and territorial cohesion.
At the same time, it shall ensure that these investments comply with the legal requirements in the field of environment, and that, eventually, be established in the future by the European Union (treatment of waste and by-products, energy efficiency, etc.).
Associative integration operations referred to in the PNDR form part of the policy of promoting the integration of the first link in the food chain aimed at strengthening the negotiating position of the supply coming from the sector, in the set of relations that govern trade in the food chain.
Intends therefore to change the current agri-food associative configuration to adapt to new challenges, through instruments and measures that confer greater prominence in our food system, by setting more effective structures that constitute cooperation and collaboration model par excellence, associative entities doing their business structures are within the framework of business excellence and form a more competitive and more efficient productive system which result in the benefit from all the members of the food chain to the final consumer and remains the backbone and Dynamising element of the rural fabric alive, coherent and inclusive.
Thus, the ultimate goal of the investment will be the improvement of the competitiveness of the products offered by priority associative entities so that benefit integrated farmers, chasing after an increase of the added value of the product object of the integration, along the value chain. Energy efficiency in the agri-food value chain of the beneficiary will be promoted in a complementary manner.
From the formal point of view, the doctrine of the High Court demands the establishment of the regulatory bases of grants through a standard range of law or Royal Decree, thus, in its judgment 156/2011, 18 October (FJ 7) says that «in terms of formal perspective, subvencional regulation which we are discussing should also satisfy the formal requirements of the basic rules contained in the previously played STC 69/1988 , 5 FJ. From this formal perspective, it should be starting from that in matters of shared power in which, as in this case, corresponds to the State the establishment of basic rules and to the autonomous communities regulatory development and implementation of such bases, instrumentation of the eligible programs must be supported by formal law whenever possible , or, in any case, through the standard regulatory Government governing the central aspects of the legal regime of subsidies, which must understand, at least, the object and purpose of the aid, its modality or technical modalities, the beneficiary subjects and the essential access requirements... This criterion with respect to formal coverage of the basic regulation must be demanded, even with greater rigour, in the cases of State subsidies, centralized in material areas that the Constitution reserved for State basic legislation, whenever this centralized management is housed in exception that limits the regular exercise by the autonomous communities of its powers".
Taking into account the doctrine of Constitutional Court provides the centralized management of the funds allocated to subsidies referred to in the present Royal Decree as the most appropriate means to ensure the full realization of the measures within the basic management of the sector, and to ensure the same opportunities of obtaining and enjoy by its potential recipients throughout the national territory through the establishment of uniform access to aid, fundamental criteria in this case that the help is not compartmentalized, but it extends to the whole of the productive system, being at the same time a means necessary to avoid that the global amount of such aid exceeds the European Union funds devoted to them. On the other hand, this type of management is guaranteed by the fact that the actions of promotion, which aims to this rule, affect the whole of the sector, so it only make sense to maintain his supra-territorial character.
In this regard and in accordance with the repeated constitutional jurisprudence in the area of public aid, in this Royal Decree are given the circumstances that protect the centralisation of aid, in accordance with the so-called «room» of the judgment of the Court constitutional 13/1992, its legal basis 8.D) described in the preceding paragraph, corresponding to centralized management, when it is essential to ensure the full effectiveness of CBMs in the basic management sector to ensure the same opportunities of obtaining and enjoy them by their potential recipients throughout the country, being at the same time a means necessary to avoid that you exceed the global amount of the funds or credits have been earmarked for the sector, (SSTC 95/1986; 152/1988-201/1988).
These grants are managed by the Ministry of agriculture, food and environment, based on the article 149.1.13. ª of the Spanish Constitution, which attributes to the State competition on the bases and the overall coordination of economic activity.
Thus, with words of the sentence of the Court constitutional 45/2001, of 15 February, «article 149.1. 13th of the Spanish Constitution can protect both State standards that set the guidelines and the global criteria for management of specific economic sectors, such as forecasts of actions or unique essential measures for the purposes proposed in such sort (order of the Court constitutional 155/1996» (, de 9 de octubre, F. 4 y jurisprudencia en ella citada)». In short, the State is reserved, by the mentioned article 149.1.13. ª, a competition of address in which have shelter standards and also forecasts of stock or special measures that may be necessary for the purposes proposed in the management sector (judgment of the Court constitutional 117/1992, of 16 September).
This is due to its transversal nature since there still a competition on an economic sub-sector which an autonomous community has taken as 'exclusive' in its Statute, this competence attribution does not exclude State competition to establish bases and coordination of this sub-sector, and the autonomous exercise of this exclusive jurisdiction may be conditioned by State measures that in exercise of own and differentiated competition they can be deployed autonomously on different fields or subjects, whenever the purpose effectively respond to an objective of economic planning (judgment of the Court constitutional 74/2014, may 8).
Similarly, the judgment of the Court constitutional 11/2015, FJ 4, by reference to the judgment of the Court constitutional 79/1992 of 28 may, FJ 2, recalled that "the sector of agriculture and livestock is of those who tolerate fixing guidelines and global management criteria as well as forecasts of stock or special measures that may be necessary for the purposes proposed within each sector management because of its importance Stressing that "... in the field of agriculture and livestock, being the specific competence of the autonomous communities... the State can intervene under its general powers on the general management of the economy".
The doctrine on the use of the supraterritorialidad as a criterion for attribution of competences to the State is remembered in the judgment of the Court constitutional 27/2014, 13 February, FJ 4, in the following terms: «the use of the supraterritorialidad as a decisive criterion for the attribution or the transfer of ownership of competences to the State in fields, in principle reserved to the autonomic competences have, according to our doctrine, as an exceptional measure, so that you can only take place when it doesn't fit to establish any connection point allowing the exercise of autonomous powers or when in addition to the supraautonomico of the object of competition phenomenon character, fractionation of public activity exerted on it is not possible and, even in this case provided that such action may not exercise cooperation or coordination mechanisms and therefore requires a degree of homogeneity that can only guarantee their attribution to a sole holder, necessarily the State, and when it is necessary to resort to a supra-ordenado entity with the ability to integrate conflicting interests of partial components, not to mention the imminent danger of irreparable harm «, which puts us in the realm of the State of necessity (ruling of the Court constitutional 102/1995, 26 June, FJ 8) (judgment of the Court constitutional 35/2012, FJ 5, with quote from the judgment of the Court constitutional 194/2011, FJ 5)».
Article 149.1.13. ª of the Spanish Constitution can in certain cases justify reservation of executive functions to the State and also allow the use of the supraterritorialidad as attributive competences title to the State, but said assumption can be considered subject to the jurisdictional order have met two conditions: that is accurate to that performance concerned is reserved to the State to guarantee the fulfilment of the purpose of economic management that is pursued which couldn't get it without such reservation, and, on the other hand, that the use of the supra-territorial criteria is justified in terms of our doctrine, i.e., both attending the reasons adduced as to the congruence of the reserve of the function with the standard regimen.
According to the doctrine of the High Court, it's exercise certain actions of promotion for the integration of agricultural associative entities whose sphere of action is supraautonomico, i.e. they act beyond the territorial scope which is the limit within which exert their powers the autonomous communities, the principle of territoriality, essential in this case in which subsidies are not compartmentalized , but extending to the whole of Spain. Centralized by the Ministry of agriculture, food and environment management ensures the application of uniform criteria avoiding fractionation in access to these subsidies and encouraging, therefore, that there are same possibilities of obtaining and enjoyment by potential recipients that reside in different autonomous communities but which are integrated into a single entity of supra-territorial scope.
In this way, ensures an appropriate application with the same criteria to all possible stakeholders throughout the national territory and prevent visions partial or incomplete, such as when the criterion of an autonomous community prevailed against the rest and administratively affect operators with no connection to the territorial and economic. It also aims to prevent overlaps with other regional aid granted for the same purposes and which are managed entirely by the autonomous communities. Therefore the potential beneficiary entities of such aid are required to have members or activity that are in different autonomous communities, so that regional competencies not only are not affected but that the objectives of integration of entities are reinforced with this line of State-run AIDS.
In this sense, is to jointly enhance our agri-food associations, break with the current fragmentation of food industries and overcome economic and regional borders through the school State set the bases and coordination of the general planning of economic activity and the power of the general dictate bases in the field of cooperative. In this sense must remember the 72/1983 constitutional court rulings, 44/1984, 165/1985-88/1989, which expressly attributed exclusive jurisdiction to the State on supraautonomico field cooperatives.
The management and operations of the program corresponds to the Ministry of agriculture, food and environment, through the General Directorate of Rural development and forestry policy, as the authority for managing the programme, as set out in article 7 of the Royal Decree 1080 / 2014, of 19 December, which establishes the regime for the coordination of the managing authorities of programmes for the period 2014-2020 rural development.
For the operations of investment in processing, marketing and development of agricultural products, regulated in the present Royal Decree, the Directorate-General of Rural development and forestry policy has delegated the management and implementation of them in the General direction of the food industry and the Spanish Fund of warranty Agraria (FEGA) of jointly through the agreement of delegation.
Priority associative entities recognized by the Ministry of agriculture, food and environment requesting this help may not request support for the same purpose and object to the regional Rural development programmes, or other public administrations or other public or private, national or international bodies.
The present Royal Decree is issued under cover of the article 149.1. 13th of the Constitution that the State given the exclusive competence in the field of bases and coordination of the general planning of economic activity and in accordance with the provisions of articles 17 and concordant law 38/2003 of 17 November, General of subsidies, establish the regulatory bases of these grants.
In the process of elaboration of this Royal Decree have been consulted the autonomous communities and the organizations representing the interests of the sectors concerned.
It has also obtained the Executive intervention, the budget office and the law of the State Department report.
In his virtue, a proposal from the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration and after deliberation by the Council of Ministers at its meeting of November 6, 2015, have: article 1. Object.
The present Royal Decree aims to establish the regulatory bases for granting, in regime of competitive concurrency, of grants for the promotion of the integration of agri-food supra-autonomico character to investment in physical capital or intangible associative entities in processing, marketing and development of agricultural products in the framework of the national program of Rural Development 2014-2020.
Investment regulated by Royal Decree of bases are framed in the National Rural Development Programme, funded by the Ministry of agriculture, food and environment (MAGRAMA) and the European agricultural fund for Rural Development (EAFRD) and regulated by the Regulation (EU) No. 1305 / 2013 of the European Parliament and of the Council of 17 December, on support for rural development by the European agricultural fund for Rural Development (EAFRD) and which are repeals Regulation (EC) No. 1698 / 2005 of the Council.
Article 2. Definitions.
For the purposes of application of the present Royal Decree, as: 1. priority associative entity: that which has been recognized by the Ministry of agriculture, food and the environment, in accordance with the procedure laid down in the Royal Decree 550/2014, of 27 June, which develops the requirements and the procedure for the recognition of priority associative entities and for enrollment and low on the national register of priority associative entities provided for in the law 13/2013, August 2, of promoting the integration of cooperatives and other agri-food associative entities.
2. after investment: one that has physically completed or has been implemented fully and with respect to which the beneficiaries have paid all related payments and have received the corresponding public contribution.
3. Action: the functional unit of execution, with a budget that is defined within the project of investment.
4. financial year: from January 1 to December 31.
Article 3. Investment object.
1. support under this measure will cover material or intangible investments in processing, marketing or development of the agricultural products listed in annex I of the Treaty on the functioning of European Union (TFEU), or cotton, except the fishery products.
2 investments must comply with one or more of the following purposes: to) improving the added value of products and their positioning in the markets.
(b) the improvement of processing and/or marketing processes.
(c) the development of products, processes, or technologies.
3. the investment must contribute to improving the competitiveness of the products offered by the applicant priority associative entity.
Article 4. Beneficiaries.
The associative priority recognized entities in accordance with Royal Decree 550/2014, of 27 June, carrying out investments aimed to the purposes provided for in article 3.2 through the objectives described in this Royal Decree shall benefit from subsidies foreseen in this Royal Decree.
Article 5. Requirements of the beneficiaries.
1. the beneficiaries must comply with the requirements and general obligations provided for in articles 13 and 14 of law 38/2003 of 17 November, General grant.
2. the priority associative entity must demonstrate economic viability through the required documentation on the matter referred to in article 11.
3 regardless of the foregoing, may not be beneficiaries of this aid priority associative entities in which any of the following circumstances concur: to) when the associative entity priority applicant is in crisis, as defined in the Community guidelines on State aid for rescuing and restructuring of firms in difficulty, in accordance with the guidelines on State aid for rescuing and restructuring of non-financial companies in crisis (communication 2014/C 249/01, of the Commission of 31 July 2014).
(b) when the associative entity priority applicant is in the process of having requested the Declaration of voluntary, have been declared insolvent in any proceedings, be declared bankrupt, unless this has acquired efficiency an agreement, be subject to judicial intervention or have been disabled by law 22/2003, of July 9, bankruptcy, without that finished with the period of disqualification set out in the statement of qualification of the contest.
(c) when it is not accredited that the associative entity priority applicant is aware of their tax obligations and with Social Security, as well as their obligations by reinstatement of subsidies.
Article 6. Requirements of investment projects.
1. aid applicants must submit an investment project related to processing, marketing or development of agricultural products including final or marketed products listed in annex I of the Treaty on the functioning of European Union (TFEU), or cotton, except fishery and aquaculture products listed in annex I to Regulation (EU) No. 1379 / 2013 of the European Parliament and of the Council , from December 11, 2013, by which establishes the common organization of the market in fisheries and aquaculture products sector, amending regulations (EC) No. 1184 / 2006 and (EC) No. 1224 / 2009 of the Council and repealing Regulation (EC) No. 104/2000 of the Council.
2. the projects presented will be clearly defined, specifying actions and its duration, as well as their location and detailing spending concepts that compose each performance and the estimated cost of each one of them.
3. the deadline for the execution of investment projects will be 1 October of the financial year following the call. Por_tanto, projects may have a maximum duration of two periods, which will have the following duration: to) the first implementation period will understand since the submission of the aid application or, where applicable, from the rising of the Act of not home, until 1 October of year n, where n the financial year in which is published to call.
(b) the second implementation period shall comprise from 2 October of year n until 1 October of year n + 1.
Project actions and the budget for each of the two periods, in his case must be distinguished.
4. failure to observe the deadlines listed above for reasons attributable to the beneficiary will entail the refusal or in your case the reinstatement of grant.
5. only are eligible investments intended for products for which the priority associative entity has been recognized, among those listed in annex I of the Treaty on the functioning of European Union (TFEU), or cotton, except fishery and aquaculture products listed in annex I to Regulation (EU) No. 1379 / 2013 of the European Parliament and of the Council , December 11, 2013.
6. not be granted aid for investments undertaken prior to the presentation of a request for assistance, except in the cases referred to in paragraph 25 of the annex I, or that is has raised the Act of not corresponding home, where appropriate. For these purposes, shall be deemed investment home the beginning of the works of construction or the first commitment that legally obliges the realization of investments. In the case of stationary investments amounting to greater than 18,000 euros, the instructor body raise up act of not home so that the evidence that the same has not been started. This Act will not generate legitimate expectations of grant of grant, so that it will not condition the sense of the resolution of the request for assistance or generate right to reimbursement or compensation of any kind.
7. so an investment project to be eligible, it must lead to the improvement of the overall performance of the applicant priority associative entity. To do this, in addition to contributing to achieving the purposes indicated in article 3(2), shall include any of the following objectives: to) increase the competitiveness of the company.
(b) to reduce costs.
(c) increase the value added.
(d) reduce the environmental impact.
(e) improving traceability and safety of productions.
(f) diversify production or markets.
(g) improve the quality of the productions.
(h) implement new products, processes, or technologies.
(i) improving the marketing of productions of the entity.
Article 7. Incompatibility with other aid.
1. the perception of subsidies provided for in this Royal Decree shall be incompatible with any other which, for the same purpose and object, may establish other public administrations or other public or private, national or international bodies.
2. However, for investments which can receive support in accordance with the fourth and fifth sections of the Royal Decree 1079 / 2014, of 19 December, for the implementation of the measures of the support programme 2014-2018 to the wine sector in developing provisions in the Regulation (EU) No. 1308 / 2013 of the European Parliament and the Council of December 17, 2013 which created the common organisation of markets in agricultural products, the incompatibility will be subject to any open call for the submission of applications based on the aforementioned Royal Decree.
3. in particular, will be incompatible with the aid, for the same purpose, to investment in the sector of fruits and vegetables received by recognized companies such as organization of producers of fruit and vegetables, as established in the Royal Decree 1972 / 2008 of 28 November, and according to the provisions in the Regulation (EU) No. 1308 / 2013 of the European Parliament and of the Council , of December 17, 2013.
4. the applicant must submit a statement responsible for not having requested or received incompatible aid at the time of the application for aid.
Article 8. Investments and eligible expenditure.
1 will be the following eligible expenditures: a) tangible investments: 1 construction, acquisition or improvement of immovable property, facilities or logistics centres.
2nd purchase or lease purchase of new machinery or equipment, or other assets, including the software of computer, acquisition of technologies of information and communication (hardware) to the market value of the product; other costs related to the contract of lease with option to purchase (margin of the lessor, costs of refinancing interest, expenses, insurance, etc.) are not eligible expenditure.
(b) intangible investment: 1 acquisition or development of computer programs (software).
2. acquisition of patents, licenses, copyrights and trademarks.
3rd expenditure linked to the company in general: investments that improve the operational structure of systems (including systems) administrative management, organization and control of the company, implementation of quality control systems, as well as the development of information and communication networks.
((c) in any case will be considered eligible expenses related to those referred to in paragraphs 2a) and 2b) such as: 1 fees of architects, engineers and consultants for the preparation of the project and the construction management.
2nd fees relating to advice on the economic and environmental sustainability, including feasibility studies within the limits established in annex II. The feasibility studies will be eligible expenditure, even when, according to their result, not be reach realize the costs referred to in paragraphs 2.a) and 2.b).
3rd environmental impact assessment where appropriate, in accordance with the law 21/2013, 9 December, environmental assessment.
(d) preparation and placement of a sign or informative plate in accordance with article 15.5 of the present Royal Decree.
2. the value added tax shall not be considered eligible expenditure, unless it is not susceptible of recovery by the beneficiary.
3 Annex I contains a non-exhaustive list of expenses not considered eligible. Not eligible shall be the amount of actions that exceed the Max modules and limitations set out in annex II.
4 the costs arising from the audit report required in article 16.6. i) shall be eligible expenditure, unless they can exceed 4% of the eligible expenditure.
5 susceptible aid costs submitted with an application for aid must meet the following criteria of moderation of costs: to) in General, the aid applicant must submit at least three bids from different suppliers, prior to the contraction of the commitment for the work, service or delivery of the goods, unless by special characteristics does not exist in the market sufficient number of entities performing them give or provide, whenever any of the following circumstances: 1 in the case of expenses of civil works, when the amount of the eligible expenditure excluding VAT, equals or exceeds 50,000 euros.
2. in the case of cost of machinery, installations, supplies and services, when the amount of the eligible expenditure, excluding VAT is equal to or exceeds 18,000 euros.
(b) the choice of the tenders submitted, to be provided with the application for aid, and before the delivery of the good or of the hiring of the commitment to the provision of the service, will be held in accordance with criteria of efficiency and economy, and must be justified expressly the election when it falls not on the most advantageous quotation.
Article 9. Intensity and amount of aid.
1. support can reach maximum, 40 per cent of the eligible expenditure.
2. the maximum aid limit for investment project is 2.000.000 euros.
Article 10. Submission of applications for aid.
1. Requests shall be addressed to the President of the Spanish Agrarian Guarantee Fund, and will be presented in the General Register of the Spanish Fund of agricultural guarantee, c / charity No. 8, Madrid, or in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
2. the deadline for submission of applications will be which is established in the corresponding call, and if you do not set it, twenty days counted from the day following the publication of the notice in the «Official Gazette».
3. requests are formalized according to the model's instance that accompanies each call.
4. electronic filing of the application, where appropriate, as well as the documentation specified in the respective notices, will be held in the terms provided in the call for proposals, in accordance with law 11/2007, of 22 June, of electronic access of citizens to public services.
Article 11. Documentation that accompanies the application.
The application shall be accompanied by the documentation that follows, without prejudice to additional documentation which may be required in each annual call: 1. responsible for declaration of not found in any of the cases of article 13.2 and 3 of law 38/2003 of 17 November, depending on the model to be established in the corresponding call.
2. responsible for declaration of not having requested or received any incompatible aid, depending on the model to be established in the corresponding call.
3. Declaration not be in crisis in accordance with the Community rules or have pending recovery of any aid financed by the European agricultural fund for Rural Development (EAFRD), depending on the model to be established in the corresponding call.
4 Declaration of the subsidies received by the building or the premises during the last ten years in the cases specified in annex I paragraph 4th 5. The request for aid implies the authorization to the Ministry of agriculture, food and environment, to collect the tax agency and the General Treasury of the Social security information concerning the compliance with tax obligations and Social Security. However, the applicant may refuse expressly consent, and must provide the relevant certificates together with the application attesting the compliance with tax obligations and with Social Security.
6 project investment for requesting aid, which shall contain at least the following information: a) products which includes investment.
(b) location of investment (address and coordinates in your case).
(c) creation of jobs with investment forecast, with attention to gender equality and the promotion of young people.
d) the investment project shall be clearly defined, specifying its actions and detailing expenses concepts that comprise and the estimated cost of each of the performances, distinguishing two periods, if any.
(e) detailed description of the project in which is expressed in a reasoned way how the investment project improves the performance of the associative entity priority applicant, exposing expressly and in a reasoned way to what extent investments contribute to achieve any of the objectives set out in article 6.7, to specifying the markets of destination of the products and their percentage. Likewise also describe to what extent taken into account 'Enhanced techniques available» in the investment project.
(f) study proving the economic feasibility of using investment report prepared and signed by a third party, independent of the applicant, entitled competent.
(g) calendar of implementation of the actions foreseen for each of the two periods referred to in article 6.3, if necessary, by specifying the dates of beginning and end of the same, as well as the budget foreseen for each one of them. In case of modified this timetable, communicate to the General direction of the food industry with a minimum notice of 15 days before that happens the modification proposed for approval by the General Directorate said.
(h) the following text:
«Is drawn up this project in order to be funded within the framework of the national program of Rural Development 2014-2020, financed by the Ministry of agriculture, food and environment (MAGRAMA) and the European agricultural fund for Rural Development (EAFRD).
The project also includes a game for signaling the eventual contribution of the EAFRD funding, for the case that is finally selected.»
7. the audited accounts of the fiscal year prior to when you want to opt out of assessment criteria related to turnover or profits.
8 budgets or invoices pro-forma of the performances. The beneficiary must submit at least three bids pursuant to article 8.6. Where the option proposed by the applicant is not the most advantageous economically among the three presented, it will also present a memory that will justify expressly the election. The budget will address the development and placement of the poster or information plate described in article 8.1. d).
9. in the case of acquisition of buildings, that will not be knocked over, it must provide a certificate from a duly accredited independent valuer or an organ or public body duly authorised, in accordance with article 30.5 of law 38/2003 of 17 November, proving that the purchase price does not exceed the market value.
10. certificate of having recognized the right of exemption from VAT or, where appropriate, the last statement in the case that the company cannot regain it.
11 clearly prove the economic viability of the entity through the incorporation of the following information: a) in the case that the entity is obliged to submit to audit, audit report on the annual accounts of the last 3 years deposited in the corresponding register, in accordance with its legal personality. If the entity is of recent Constitution and, therefore, it is not possible to supply the information corresponding to the of the last 3 years, base entities information, will be provided in the event that they are required to undergo an annual audit report.
b) in the case of not being subjected the entity to this last obligation, an audit report based on the balance sheets and accounts of losses and gains of the past three years.
((c) the information referred to in paragraphs a) and b) will contain clearly prominently for each of the past three years the following ratios:-working capital: assets - current liabilities.
-Liquidity: Active power / current liabilities.
-Solvency: Total assets / (liabilities current + non-current liabilities).
-Debt: (current liabilities + non-current liabilities) / equity.
-Equity ratio / non-current asset.
12 must accompany the request an explanatory memorandum of the characteristics of the applicant priority associative entity that contains at least the following information which allows their competitive valuation: a) general information about the priority associative entity. Documents accrediting the personality of the applicant. Rationale for use in its business strategy of investment as contained in the National Rural Development Programme for the attainment of the objectives proposed by the entity.
(b) economic and financial and social information of the associative entity priority, scope and composition of the Governing Council and distribution of employment (young people and women).
13 in its case, environmental memory conditioned by strategic environmental declaration containing as a minimum the following information about the effects of the project on the environment: to) if applicable to submit the project to the environmental assessment procedure in law 21/2013, December 9, environmental assessment.
(b) will take into account the principles of precaution and preventive action and precautionary measures to minimize the negative effects.
(c) are they to be correct and compensate for the impacts.
d) If you are to minimize the consumption of natural resources with the development of the project.
e) whether to use and the best possible scientific knowledge how and best environmental practices.
14. the request shall entail the authorization organ instructor to verify identity data of the legal representative of the applicant entity, using query to the system of verification of data identity intended in the single article, paragraph 3, of the Royal Decree 522/2006, of 28 April, whereby the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public organizations linked or dependent shall be deleted. If he does not provide consent, you must provide photocopies of the document or identity card corresponding, as laid down in that article. In addition, the power of the applicant, must demonstrate sufficient and subsisting.
15. all the documentation which the applicant considers necessary and accurate to be properly evaluated all the selection criteria listed as annex III in this Royal Decree.
Article 12. The procedure instruction and Assessment Committee.
1. the instruction and management of the procedure will be conducted by the General direction of the food industry, which take place ex officio actions it considers necessary before the presentation of the reports on the Commission's assessment.
2. the assessment of applications will take place by the organ instructor, prior report of the assessment Committee.
3 the assessment Committee shall be composed by: a) President: the Deputy Director-General of Industrial development and innovation, the General direction of the food industry.
(b) vocal: three officials assigned to the General Sub-Directorate for Industrial development and innovation, appointed by the Director-General of the food industry and three officials appointed by the President of the Spanish Fund for agricultural guarantee.
(c) Secretary: an official designated by the Director General of food industry, with voice and vote.
4 such Commission shall state the result of the assessment carried out in a report which will be sent to the organ instructor, taking into account the assessment criteria provided for in annex III such as established by article 24 of law 38/2003 of 17 November. Endpoints will always apply even in cases where the budget available for measuring or call exceeds the demand for financing. Only projects that exceed a minimum threshold of 30 points will be selected.
5. the functioning of the Commission's assessment shall be subject to the regime established for the organs members in chapter II of title II of law 30/1992, of 26 November.
The creation and functioning of the Commission is will assist with the personal, technical and budgetary assigned means to the body that is integrated, as referred to in article 2(2) of the Royal Decree 776/2011, June 3.
6 corresponds to the organ instructor, in accordance with article 24 of the law 38/2003 of 17 November, perform nursing actions it considers necessary for the determination, knowledge and verification of the data which should pronounce the resolution.
7. the organ instructor, in view of the record and the Commission's assessment report, will prepare interim resolution which shall contain a list of applicants for those who intends to aid and its amount, as well as a list of applicants excluded by specifying the reason for this exclusion. The draft interim resolution does not create any right in favour of the beneficiary proposed against the administration.
8 resolution of situations of a tie score that may arise in the preparation of provisional list indicated in the preceding paragraph, shall be taken into account the following priority criteria, in the order indicated: to) first, those investment projects that largely meet the conditions of the environmental declaration strategic of the program National Rural Development 2014-2020 will be priority.
(b) Secondly, those investment projects whose applicant take longer recognized as priority associative entity will be priority.
c) if still persists the tie situation, will be priority those investment projects whose applicant is a priority associative entity with legal form of cooperative.
9. in accordance with the provisions of article 59.6 of the law 30/1992, of November 26, the individual notification of the proposed resolution is replaced with the publication of the same by insertion in the official website of the Ministry of agriculture, food and environment, granting within ten days from the publication for appeals.
10. after consideration of the claims, if any, the assessment Committee will formulate the proposal of granting of the subsidy, which the instructor will as a proposal for a final decision, in accordance with the provisions in articles 22.1 and 24.4 of law 38/2003 of 17 November, the President of the FEGA.
Article 13. Resolution.
1. the competent body to resolve the aid will be the President of the FEGA.
2. the resolutions will be motivated, and must in all case be accredited the foundations of the resolution to be adopted.
3. the resolution shall be published in the terms provided for in articles 58 and 59 of the law 30/1992, of 26 November, on the website of the Ministry of agriculture, food and environment.
4. the term maximum to solve and publish the resolution of the procedure may not exceed six months, counted from the publication of the call for aid, unless the same be postponed its effects at a later date, in accordance with article 25.4 of law 38/2003 of 17 November.
5. the resolution will also include ranked list of applications that have not been estimated because in the phase of assessment they do not reach a minimum of 30 points or by exceeding the maximum amount of credit for each call, in order to be able to proceed with the article 63.3 of the regulation of the law 38/2003, complying with the technical and administrative conditions laid down in these regulatory bases for acquiring the status of beneficiary, November 17, General grant, approved by Royal Decree 887/2006, of 21 July.
6. against this resolution can be brought appeal before the Minister of agriculture, food and environment within a maximum period of one month from the day following the notification or publication.
After the established deadline unless you have dictated and published resolution express, the application, in accordance with the provisions of article 44.1 of the law 30/1992, of 26 November, is can understand rejected unless it exempts the legal obligation to resolve.
Article 14. Modification of the investment projects.
1. the beneficiary may request the amendment of the investment project planned in the application until two months before the deadline for the submission of payment requests.
2. any modification on the proposal initially presented and subject to positive resolution must communicate to the General direction of the food industry so that it lifted up the proposal to the FEGA for approval. In any case, its admissibility conditions and limitations outlined below shall be taken into account.
modifications which alter the final objective of the project will not be accepted.
(b) no modifications involving a change of beneficiary will be accepted.
(c) no modifications affecting the fulfilment of the conditions of eligibility to the score obtained in the assessment criteria will be accepted.
(d) no modifications that extend the period of execution of the project or affect upward to the approved budget for each period will be accepted.
3. no changes involving non-execution in the conditions laid down a minimum of 70% of the eligible investment initially approved in the resolution of granting of the aid will be accepted. Modifications involving a decrease in approved budgets will be the proportional reduction of the granted subsidy.
Regardless of cited in this article, the FEGA may exceptionally approve amendments to the resolution of granting, upon proposal by the instructor body, that do not conform to the conditions set forth in the preceding paragraphs, in the case of force majeure or exceptional circumstances within the meaning of article 2(2) of Regulation (EU) No. 1306 / 2013 of the European Parliament and of the Council of December 17, 2013 on the financing, management and monitoring of the common agricultural policy, whereby repealing Regulations (EC) No. 352/78, (EC) No. 165/94, (EC) No. 2799/98, (EC) No. 814/2000, (EC) No. 1290 / 2005 and (EC) No. 485/2008 of the Council.
Article 15. Obligations of the beneficiaries.
1. the beneficiaries will be subject to compliance with the obligations referred to in article 14.1 of the law 38/2003 of 17 November, as well as to register the subsidy received in the accounting books that correspond.
2 shall reimburse the aid, plus corresponding interest on late payments, in the five years following the final payment to the beneficiary, in case of any of the following circumstances: to) the cessation or relocation of a productive activity outside the programme area; or (b) the change in ownership of an item of infrastructure that provide a firm or a public body an undue advantage; or (c) significant change affecting the nature, the objectives or the conditions of execution of the operation, so that its original goals undermine.
3. the preceding paragraphs shall not apply to contributions received in which occurs the cessation of a productive activity by non-fraudulent bankruptcy.
4. for the realization of an investment project, the beneficiary shall inform the public of the assistance from the EAFRD pursuant to the requirements of information and publicity article 13.2 and annex III, paragraph 2 of the implementing Regulation (EU) No. 808/Commission of 17 July 2014 2014, which lays down rules for the application of the Regulation (EU) No. 1305 / 2013 of the European Parliament and of the Council on support for rural development by the European agricultural fund for Rural Development (EAFRD).
5. to be eligible for the assistance of the EAFRD, in those cases where appropriate, investment projects shall be preceded by an assessment of environmental impact of law 21/2013, December 9.
6. beneficiaries shall constitute a bank account only for help entry and from which perform all movements related to the grant.
7 take an analytical accounting that enables the identification of the income and expenditure relating to the implementation of the activities, keeping this information available to the competent national authorities and the European Commission for possible checks.
8 have legalised the books of account as set out in the regulations.
9. the beneficiaries undertake is to provide the information necessary to carry out the monitoring and evaluation of the program.
Article 16. Requests for payment and documentation to present.
1. the payment applications shall be submitted to the General registry of the FEGA in the calle Beneficencia, 8, Madrid, or anywhere from those provided for in article 38.4 of law 30/1992, of November 26, according to the model set out in the relevant call for proposals.
2 shall submit a single payment application for each investment project, except for projects running in two budget years, in which case you can obtain two payments, one for each period of execution, as provided for in article 6.3.
3. the deadline for submission of the request for payment and the related documentation will be before 15 October of the budget year corresponding.
4. actions for which payment is claimed must be executed, justified and paid to be eligible.
5. the payment will be made once justified and proven the subsidised actions and the total expenditure of the same. However, when the total execution of the project does not reach 70% of the eligible investment initially approved, is not paid any help.
6 for the request for payment will be presented: to) a performance report composed of: 1 a report summary of the actions that have been carried out.
2. an assessment of the results that can occur on the date of the report.
3rd a summary financial statement showing planned expenditures and those carried out effectively, each of them associated with the corresponding actions.
(b) an extract from the bank account only.
(c) invoices and original corresponding payment receipts, if any.
(d) box Ebola's invoices, where each of the invoices relates to their corresponding proof of payment and the notes in the bank account.
(e) any supporting documentation of the performed actions.
(f) a statement responsible for not found in any of the cases of article 13.2 and 3 of law 38/2003 of 17 November, depending on the model to be established in the corresponding call.
(g) certificates be aware of tax obligations and with social security.
(h) bank details of the account chosen to receive aid.
(i) audit report of the accounting of the company that enables the identification of the income and expenses relating to the activities of this aid.
(j) representation responsible for the applicant entity that becomes a record that it has neither requested nor received incompatible aid for the same purpose and object, or is immersed in a process of reinstatement of subsidies.
(k) certificate of independent valuer, duly accredited and registered in the corresponding register, in the case of acquisition of real estate. The report shall contain the information required for the purposes of point 3 of annex I.
(l) building permit in cases of construction of new indoor surfaces, expansion of existing ones and other investments where necessary.
(m) also, facing the technical justification of investments, you may request the beneficiary providing evidence to credited the realization of approved investment projects.
7. However, additional supporting documentation to justify the expenditure carried out may be required.
Article 17. Funding.
1. Community financing of the actions referred to in article 8 of the present Royal Decree, will be handled in accordance with the Regulation (EU) No. 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 on financing, management and monitoring of the common agricultural policy, whereby repealing Regulations (EC) No. 352/78, no. 165/94 , no. 2799/98, no. 814/2000, no. 1290 / 2005 and no. 485/2008 of the Council.
2. the funding and payment of national aid shall be charged to the budget of the Spanish Fund for agricultural guarantee that is set in the call, and may not exceed the limit that is set in the same and always subject to existing budgetary availability.
3. the EAFRD co-financing rate will be 53%.
Article 18. Payments.
1 the Spanish Fund for agricultural guarantee made payment by bank transfer to the single account provided by the applicant in the application.
2 the Spanish Fund for agricultural guarantee will make payments within a period of forty-five days from the receipt of the request for payment.
3. However, at any time in the period of forty-five days following the first record of the request for payment, this term may be cut by notification from the Spanish Fund for agricultural guarantee the applicant so it remedy the lack or accompany the mandatory documents and other necessary elements.
4. the time will resume from the date of receipt of the information requested, which shall send or make, respectively, within a period of 10 days from the notification. Not to do so, it shall be withdrawn his request, upon resolution.
5. the justification for the aid will be made in accordance with the provisions of article 30 of law 38/2003 of 17 November.
Article 19. Controls.
1 controls will be carried out during implementation and upon completion of the payment.
2. in accordance with article 59 of Regulation (EU) No. 1306 / 2013 of the European Parliament and of the Council of 17 December 2013 shall be systematic administrative controls 100% of requests for payment, which will be supplemented by on-the spot checks.
3. controls on the ground will represent at least 5% of the expenditure part-financed by the EAFRD as well as 5% of the beneficiaries.
4. the realization of on-the spot checks will be framed within a Control Plan and will be collected in a report.
5 in the case of investments, and in accordance with article 71 of Regulation (EU) No. 1303 / 2013 of the European Parliament and of the Council of 17 December 2013, will start a monitoring plan so that it ensures that in the five years following the final payment of the beneficiary: to) it will not stop or relocalizará productive activity outside the programme area ((, b) there will be no change of ownership of an item of infrastructure that the company or the public body provide undue advantage, c) or substantial change affecting the nature, objectives, or conditions of the operation so that its original goals undermine.
6. equally, will be running monitoring so to ensure that in the ten years following the final payment by the beneficiary, be it will not produce a relocation of productive activity outside the European Union when he is completed an investment in infrastructure or in productive investment, except when the beneficiary is an SME.
Article 20. Reinstatement.
In the event of undue payment, the beneficiary shall be required to repay the amount in question, which will be added the corresponding interest.
Article 21. Return to initiative of the recipient.
The beneficiary shall be the voluntary return of the sums received without prior request of the Administration, pursuant to article 90 of the rules of the General Law of subsidies, approved by Royal Decree 887/2006, of 21 July. The return will take place according to the procedure of collection of non-tax revenues regulated by the order PRE/3662/2003, of 29 December, which regulates a new procedure of collection of non-tax revenues raised by the delegations of economy and finance and revenue in cash at branches of the General box of its branches and deposits , through the model issued the FEGA.
Article 22. Sanctions.
1 shall apply to such aid sanctions corresponding in accordance with articles 63 and 64 of the Regulation (EU) No. 1306 / 2013, the European Parliament and the Council of December 17, 2013.
2. a reservation to article 6 of Regulation (EC) No. 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the European communities, shall apply the system of offences and penalties provided in the law 38/2003 of 17 November.
Article 23. Advertising.
Convened subsidies granted from 1 January 2016, under cover of the present Royal Decree, them shall apply the provisions of articles 18 and 20 of the current law 38/2003, 17 November, in terms of publicity and transparency.
In addition, beneficiaries should be advertising subsidies and aid received in the terms and conditions established in the Law 19/2013, December 9, transparency, access to public information and good governance.
On the other hand, is will serve under the rules established in the field of information and publicity, detailed in annex III of the regulation implementation (EU) 808/2014, Commission, being an action co-financed by the EAFRD.
First final provision. Applicable regulations.
In all matters not provided for in this Royal Decree shall apply Regulation (EU) No. 1305 / 2013, the European Parliament and the Council, of 17 December 2013, Regulation (EU) No. 1306 / 2013 of the European Parliament and of the Council, of 17 December 2013, and its standards development and implementation, as well as law 38/2003 , 17 November, and its regulations, approved by Royal Decree 887/2006, of 21 July.
Second final provision. Skill-related title.
This Royal Decree is issued on the basis of provisions in article 149.1. 13th of the Constitution, which attributes to the State the exclusive competence in the field of bases and coordination of the general planning of economic activity.
Third final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on 6 November 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA annex I expenses not considered eligible 1. Constitution and first settlement expenses.
2. the purchase of land and costs associated with it (notary fees, taxes and the like).
3. the purchase of buildings which are to be taken down. If the purchase of a building is of help, the value of the built land, and of which surrounds the building, appraised by competent technical, it is not eligible.
4. the purchase of buildings or premises if they have been supported in the past ten years. Investments in reforms of local that had been previously subsidized by public administrations and five years have not elapsed since its completion will not be eligible. This will be attached Declaration of the subsidies received by the building or the premises during the last ten years.
5. in cases of lease with option to purchase, will not be eligible expenditure other costs relating to contracts of lease with option to purchase such as the margin of the lessor, the costs of refinancing interest, overheads and insurance charges.
6 works of ornamentation and playground equipment except for investments in marketing activities, in which case they are bankable contemplated expenditures provided for educational or commercial purposes.
7. the purchase of amortizable material usually in a year.
8. the investments listed in the accounts as expenditure.
9. the purchase and installation of machinery and equipment second-hand.
10. the costs relating to the transfer of already existing machinery to the premises or location which will carry out the project.
11. the repair and maintenance works. Consideration of repairs are operations performed on installed machinery to expand their capacity or improve its performance.
12. the tax on added value (VAT) recoverable by the insured.
13. the buildings intended for housing.
14 vehicles, specifically not eligible replacements. However if eligible: vehicles or appliances of the internal transport in plants.
New acquisition (fleet) vehicles intended for the transport of agricultural products processing and/or marketing, by the applicant company.
15. costs of rental of production equipment and investments financed through finance leases.
(16 staff costs, except those referred to in article 8.2. c).
17. the materials of own provenance.
18. expenditures for financial transactions, debtors or delay interests, foreign exchange commissions and losses, as well as other purely financial expenses.
19. fines, financial penalties and costs of legal proceedings.
20 signs or indicators on public roads or other public or private spaces that are not the establishment, shop, installation, farm or enclosure of the applicant.
21. gastronomy and tourism-related investment.
22. expenses for administrative processing.
23 purchase of buildings or facilities that are leased or under procedure of holding by the applicant to the date of the application.
24 jobs or started or investments made prior to the date of request for assistance, except for the following costs, provided that they are carried out within the year prior to the date of application for aid: to) technical fees, feasibility studies economic, technical, geotectonics, market, and similar, the acquisition of patents and licences, and expenses related to permits and construction.
(b) environmental assessment.
25. the amount of the investments and concepts that overcome the Max modules and limitations set out in the annex II.
26. do not shall be regarded as auxiliables expenditure taxes, rates and contributions, with the exception of point 12 of this annex.
27 investments related to security such as alarms, anti-theft, security barriers and similar systems.
28. exclusively relating to the promotion and advertising investments. Except advertising forecasts referred to in article 23 of this Royal Decree.
Annex II maximum modules and limitations I. urbanization will be only supported investment in closing of the plot, esplanades and firm, with the following limitations in any case:-on closures eligible maximum perimeter will be the equivalent (equal) twice as eligible new covered area, with a maximum allowable cost of 30 €/ m, including unique items.
-In concourses and firm meritorious Max surface shall be equal to the eligible new built area, with a maximum allowable cost of 25 €/ m2, including all the elements and concepts.
II. new construction and expansion of the existing buildings will apply maximum eligible investment (€/ m2 built and assumedly) modules applicable to the total cost of the investment in civil works execution, excluded installations, and including the interior divisions with all its elements, regardless of the material used. It will also include local air-conditioned (up to 0 ° C), but not the facilities and equipment of cold or heat.
The amount of the modules shall be: 1. module: 380 EUR/m2 built, applicable to industries with high sanitary requirements and air-conditioning of premises (meat, milk, bread and derivatives and industries facilities of by-products). It applies also to the existing industries that make buildings to large areas of manufacturing and new lines with high sanitary requirements and air-conditioning (areas of packaging of products, etc.).
2. module B: 340 euros/m2 built, applicable to industries with media requirements (rest of agro-industries) as well as existing industries that make buildings of expansion of activity with health requirements and media climate.
3 module c: 290 euros/m2 built, applicable to industries that make simple buildings intended for the storage of raw materials, finished products, vehicles, etc., without special health requirements nor air conditioning.
These modules may be increased up to 60 €/ m2 for buildings that require, for used equipment, a top six metres, or, in the case of multi-storey eave height, a height between floors higher than six meters.
The amount of these modules will also apply as maximum to subsidize investment for the acquisition of buildings including their packaging or reform.
III. developments in existing buildings applies a maximum module of eligible investment of 280 €/ m2 useful applicable to the total cost of implementation of investment in civil works.
IV. other limitations applicable to areas and specific equipment 1. In the case of offices, toilets, changing rooms, dining rooms and other premises and equipment for staff eligible, allowable surface will be evaluated according to the number of employees of the company expected them to use.
2. in the case of areas dedicated to conference rooms, tastings, and others related to the promotion and improvement of the production and marketing of productions, the maximum eligible area is 100 m2 without it in no case exceed 15% of the remaining eligible area of the industry included in the aid application.
3. in the case of areas specifically within an industry, the exhibition and sale at the retail products of the company, the maximum eligible area will be of 50 m2, without in any case exceed 15% of the remaining eligible area of the industry included in the aid application.
4. in any case, investments in existing industries relating to all of these concepts, will be accepted as proving that they contribute to improve the overall performance of the company.
V. other expenditures expenditure on studies of technical and economic viability, as well as the environmental impact assessment will be admissible provided that study is submitted with the request and is signed by competent professional, being in any case the maximum permissible amount of 1,700 euros for each of the two concepts. They won't, however, permissible if they are subsidized fees project and construction management in an amount exceeding the amount designated.
For project and construction management fees, architects, engineers and consultants are accepted a maximum 10% of the total eligible amount.
Not be considered in this section the bodywork of vehicles, material and equipment of laboratories, and equipment and computer equipment, including software.
Prior to the calculation, shall apply the following weightings: amount considered eligible investment (euro) coefficient up to 150,000 1 150.001-300,000 0.8 300.001-600,000 0.4 600.001-3.000.000 0.2 more than 3,000,000 0.1 assets considered non eligible budget will not be taken into account for the purposes of the calculation. The result is rounded up by default in the hundreds. In any case, the project and site management must be carried out by qualified technician.
Annex III criteria for assessment criteria for assessing applicant characteristics maximum score (max 42 points) 1.1 assessment regarding the structure reaches priority associative entity (EAP) to carry out the investment (maximum 12 points): 1.1.1 EAP with more than 2,000 cooperative partners of base.
1 1.1.2 EAP with more than 20,000 cooperative partners of base (additional to paragraph) 1 1.1.3 EAP with greater than 15% female employment.
2 EAP 1.1.4 with employment of young people under 35 years old with a percentage higher than 15%.
2 1.1.5 scope of the CAs over the field of two autonomous communities.
1 scope of the five provinces exceeding EAP 1.1.6.
1 1.1.7 to contain at least 25% of women in the Board of Directors.
2 1.1.8 to contain at least 10% less than 35 years in the Board of Directors.
2 1.2 assessment with respect to the ability of the EAP for investment (maximum 20 points): 1.2.1 EAP with ratio heritage NET-active non-current greater than or equal to 0.5 and less than 0.7 (in the year prior to submitting the application for investment).
7 1.2.2 EAP with ratio heritage NET-active non-current greater than or equal to 0.7 (in the year prior to submitting the application for investment).
13 1.3 assessment of the degree of coincidence between the investment objectives and those proposed by the EAP (maximum 5 points): 1.3.1 investment the EAP coincident with any constituent weekends of the same, as for business purposes.
5 1.4 grants received prior to investments, aimed at professionals of rural and funded by the European agricultural fund for Rural Development (EAFRD) and the Ministry of agriculture, food and environment. When the EAP has not been beneficiary of aid previously destined for investment (maximum 5 points): 1.4.1 not having received public aid for investments in the same EAFRD budget period for this measure.
5. characteristics of the project (maximum 72 points) 2.1 assessment with respect to the location of the future investment (maximum 6 points): 2.1.1 in the case of investments that take place in island regions.
2 2.1.2 in case of investments that take place in rural areas.
2.1.3. in the case of investments involving a town inside facilities moved to other areas designated for the intended use.
2 2.2 assessment with regard to the economic and social impact (maximum 10 points): 2.2.1 investment the EAP linked to the creation of employment in the own EAP.
5 2.2.2 investment the EAP related influence regarding the EAP to the creation of employment in rural areas.
5 2.3 assessment with respect to the presence of young people and women (maximum 5 points): 2.3.1 in cases of applications that generate female employment of at least 25% of employees.
2.5 2.3.2 in cases of applications that cogeneren the employment of young people under 35 years in at least 25% of the jobs.
2.5 2.4 agri-food sector that represent future investment (maximum 10 points): 2.4.1 project investment that goes to a more industrial transformation.
5 2.4.2 investment project involving a vertical integration, that is, that the investment project is part or all of a global project that integrates the food chain, providing the added value that remains in the EAP is the maximum.
5 2.5 forecast of the concentration of the supply of the product marketed by the EAP and its importance with respect to the national total sector representing (potential for concentration of supply) (maximum 10 points): 2.5.1 the 10% increase in volume of product in kg or litres, which will focus the investment project during the period of durability of the investment.
5 2.5.2 20% increase in volume of product which concentrates the CAs with respect to the total of the national product marketed (market share) after completion of the investment project.
5 2.6 forecast of implantation of the national agro-food products in countries outside the EU (maximum 10 points): 2.6.1 if at least 20% of the planned volume of production is destined for foreign trade during the period of durability of the investment.
10 2.7 forecast for adaptation to requirements of quality and compliance with environmental criteria (maximum 10 points): 2.7.1 if the investment project carries the implementation of some kind of certification in quality assurance or environmental, based on internationally recognized standards.
1 2.7.2 investment project is geared in whole or in part to the production of a figure of differentiated quality recognized (PDO, PGI, TSG).
1 2.7.3 the investment project is geared in whole or in part to the ecological production.
1 2.7.4 if at least 15% of the budget of the investment project is intended to improve energy efficiency or the reduction of water consumption.
1 2.7.5 if at least 15% of the budget of the investment project is intended to improve the treatment and/or management of waste and by-products.
1 2.7.6 if at least 15% of the budget of the investment project relates to the reduction of food waste.
1 2.7.7 if the investment project proposes the use of renewable energy (biomass, wind, solar, geothermal...), for the processes of transformation, electricity or heating.
2 2.7.8 if the investment project contributes to the improvement of sustainability, the reduction of environmental impacts or climate change mitigation.
2 2.8 investments should take into account the improvements or new techniques available (MTD) in their sector of activity that achieve better production levels with lower consumption of resources. To prove this, in memory to accompany the aid application be justified expressly and in a reasoned manner to what extent investments have taken into account the MTD (maximum 11 points): 2.8.1 if the investment project includes upgrades or new techniques available (MTD) specific to your sector of activity.