Law 13/2013 of 2 August, promoting the integration of cooperatives and other associations of agricultural and food sectors, promotes a structural reform of the agri-food sector to provide the institutions with The most competitive partners, through their integration.

The law contains two development instruments. On the one hand, the State Plan of Associative Integration; and on the other, the Royal Decree 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 discharge in the National Register of Priority Associative Entities, provided for in Law 13/2013 of 2 August, promoting the integration of cooperatives and other associations of agricultural and food nature. In this way, a legal regime of associative entities whose territorial scope extends to more than one autonomous community is established.

On the other hand, the investment support policy is a fundamental measure of the actions to be taken in the framework of rural development programming for the 2014-2020 period.

The procedure followed for this has been the following. Following the adoption of the Association Agreement between Spain and the European Union which established the main strategic lines for the European Structural and Investment Funds, the National Framework for the Programming of Rural Development, adopted by Commission Implementing Decision of 13 February 2015 approving the National Framework for Rural Development in Spain, is the document setting out the most concrete guidelines for the actions of investments for the transformation and food marketing in paragraph 5.2.2. This National Framework is the text in which the National Rural Development Program is expected to include "a set of measures aimed at supporting cooperative integration processes, whose beneficiaries will be entities". associations classified as a priority under Law 13/2013 of 2 August. "

As stated above, the National Framework for Rural Development 2014-2020 presented by the Kingdom of Spain and approved by the European Commission through the Implementing Decision of the Commission of 26 May 2015 approving the Spanish National Rural Development Programme for the purpose of granting aid from the European Agricultural Fund for Rural Development (JRC 2014ES06RDNP001) in accordance with the provisions of the Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on the support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.

This Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 allows Member States to present a National Programme and a set of national programmes as a novelty for the period 2007-2013. regional programmes, ensuring coherence between national and regional strategies.

On the other hand, at the Sectoral Conference on Agriculture and Rural Development on 24 and 25 July 2013, the elaboration of a National Rural Development Programme (NDRC) was agreed, with a maximum EAFRD allocation of 238 EUR million, with 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 actions of aid co-financed by investments 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 in measure M. 04.003 of the NDRC, focuses on support for investments in physical assets undertaken by Priority Associative Entities of a supra-regional character, aimed at the transformation, marketing and development of products farm.

Therefore, the investments regulated by this real decree of bases are framed in the National Program of Rural Development, financed by the Ministry of Agriculture, Food and Environment and the Fund European Agricultural Rural Development Fund (EAFRD) and regulated by Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.

These aids seek to facilitate innovation and the incorporation of new technologies and knowledge, increasing the productivity and efficiency of these entities and, ultimately, improving their ability to compete in a market promoting 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 will be ensured that these investments comply with the legal requirements laid down in the field of the environment, and those that will eventually be established in the future by the European Union (waste treatment and by-products, energy efficiency, etc.).

The associative integration operations envisaged in the NDRC are part of the policy of promoting the integration of the first links in the food chain aimed at strengthening the negotiating position of the supply chain. from the sector, in all the trade relations that govern trade in the food chain.

It is therefore intended to change the current agro-food associative configuration to adapt it to the new challenges, by means of instruments and measures that entrust the associative entities with a greater role in our system agri-food, through the configuration of more effective structures which are set up as a model of cooperation and cooperation par excellence, making their business structures within the framework of business excellence and a more efficient and more competitive productive system which is in the interest of all members of the food chain to the final consumer and continue to be a vertebrate and dynamic living, coherent and inclusive fabric of the rural fabric.

Thus, the ultimate objective of the investment will be to improve the competitiveness of the products offered by the priority associative entities in order to benefit the integrated farmers, pursuing an increase of the value added of the product that is the object of the integration, along the value chain. In addition, energy efficiency in the beneficiary's agri-food value chain will be promoted.

From the formal point of view, the doctrine of the High Court requires the establishment of the regulatory basis for grants by means of a rule with a law or royal decree, in its judgment 156/2011 of 18 October (FJ 7). ' In terms of the formal perspective, the subvencional regulation in question must also satisfy the formal requirements of the basic rules contained in the previously reproduced STC 69/1988, FJ 5. From this formal perspective, it is necessary to start from the fact that in the areas of shared competence in which, as in this case, it is up to the State to establish the basic norms and the autonomous communities the normative development and the implementation of these bases, the implementation of the subsidized programs must be made with the support of the formal law whenever possible, or, in any case, through the regulatory norm of the government that regulates the central aspects of the the legal system of grants, which must include at least the purpose and purpose of the aid, its mode or technical modalities, the beneficiaries and the essential requirements for access .... This criterion regarding the formal coverage of the basic regulation must be demanded, even with greater rigour, in the cases of state subsidies centralized in the material areas in which the Constitution reserves the State This is a basic principle, since this centralised management is an exception which limits the ordinary exercise by the autonomous communities of their powers. "

Taking into account the doctrine of the Constitutional Court the centralized management of the funds allocated to the grants referred to in this royal decree is foreseen as the most appropriate means to ensure the full effectiveness of the measures within the basic management of the sector, and to ensure the same possibilities of obtaining and enjoyment by their potential recipients throughout the national territory, by establishing a uniform criteria for access to aid, which are essential in this case where the aid is not it is compartmentalized, but extends to the whole of the production system, while at the same time being a necessary means of preventing the total amount of such aid from exceeding the European Union funds allocated to them. In addition, this form of management is supported by the fact that the promotion measures, the implementation of which is intended to achieve this rule, affect the whole of the sector, so they only make sense if their character is maintained. supra-land.

In this respect and in accordance with the established constitutional jurisprudence in the field of public aid, in this royal decree the circumstances that will protect the centralization of the aids are given, according to the "fourth assumption" of the Judgment of the Constitutional Court 13/1992, in its Legal Foundation (8.D) described in the preceding paragraph, thus corresponding to the centralised management, when it is essential to ensure the full effectiveness of the measures of promotion within the basic management of the sector, to guarantee the same possibilities of to obtain and enjoy the same by their potential recipients throughout the national territory, while at the same time being a means necessary to avoid exceeding the overall amount of the funds or appropriations which have been allocated to the sector, (SSTC 95/1986; 152/1988 and 201/1988).

These grants are managed by the Ministry of Agriculture, Food and the Environment, based on Article 149.1.13. of the Spanish Constitution, which attributes to the State the competence on the basis and the coordination general economic activity.

Thus, in the words of the judgment of the Constitutional Court 45/2001, of February 15, " article 149.1.13ª of the Spanish Constitution can protect both state norms and the guidelines and the global criteria. The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance in it) ". In short, the State has reserved, by the aforementioned Article 149.1.13, a management competence in which they have basic rules and, likewise, forecasts of actions or singular measures that are necessary to achieve the objectives proposed in the field of the organisation of the sector (Judgment of the Constitutional Court 117/1992 of 16 September).

This is due to its cross-cutting character, since there is still competition on an economic sub-sector which an autonomous community has assumed to be 'exclusive' in its Statute, this competence does not preclude competition. In order to establish the bases and coordination of this sub-sector, the autonomous exercise of this exclusive competence may be conditioned by State measures, which in the exercise of their own and differentiated competence can be deployed. autonomously on various fields or subjects, provided that the aim pursued responds in fact to an objective of economic planning (Judgment of the Constitutional Court 74/2014, of 8 May).

Likewise, the judgment of the Constitutional Court 11/2015, FJ 4, for reference to the judgment of the Constitutional Court 79/1992, of 28 May, FJ 2, has remembered that " the field of agriculture and animal husbandry is of those that its importance tolerates the fixing of guidelines and global criteria of management as well as forecasts of actions or singular measures that are necessary to achieve the proposed objectives within the planning of each sector, highlighting that " ... in the field of agriculture and animal husbandry, being the specific competence of the autonomous communities ... the State may intervene by virtue of its general powers on the general management of the economy ".

The doctrine on the use of supra-land as a criterion for the allocation of powers to the State is recalled in the judgment of the Constitutional Court 27/2014 of 13 February, FJ 4, in the following terms: " The use of supra-land as a determining criterion for the allocation or transfer of the ownership of powers to the State in areas, in principle, reserved for the autonomous powers, has, according to our doctrine, character exceptional, so that it can only take place when it is not possible to establish any (i) a connection enabling the exercise of the powers of the regional authority or, in addition to the supra-regional character of the phenomenon which is the subject of competition, the division of public activity against it is not possible, even in this case, that action cannot be exercised either by means of cooperation or coordination mechanisms and, therefore, requires a degree of homogeneity which can only guarantee its attribution to a single holder, necessarily the State, and where necessary use a supra-ordered entity with the ability to integrate competing interests of its partial components, without forgetting the imminent danger of irreparable damage, which places us in the field of state of need (Judgment of the Constitutional Court 102/1995, of June 26, FJ 8) (Judgment of the Constitutional Court 35/2012, FJ 5, by quote from the judgment of the Constitutional Court 194/2011, FJ 5) ".

Article 149.1.13. of the Spanish Constitution may in certain cases justify the reservation of executive functions to the State and also permit the use of the superland as a title to the State, but in order that such an assumption can be considered according to the order of competition two conditions must be fulfilled: that it is necessary that the action in question is reserved to the State in order to guarantee the fulfillment of the objective (a) the economic planning pursued, which could not be achieved without such a reserve, and, another side, that the use of the supra-land criterion is justified in the terms of our doctrine, that is, taking into account both the reasons provided and the congruence of the reserve of the function with the rule of the norm.

According to the High Court's doctrine, it is a matter of exercising certain measures of promotion for the integration of agricultural associative entities whose scope of action is supra-regional, that is, that they act beyond the territorial scope which constitutes the limit within which the autonomous communities exercise their powers, the principle of territoriality, which is fundamental in this case in which the aid is not compartmentalised, but extends to the Spain as a whole. Centralised management by the Ministry of Agriculture, Food and the Environment ensures that uniform criteria are applied to avoid fragmentation in access to such aid and thus favour the same possibilities. to obtain and benefit from the potential recipients who live in different autonomous communities but which are integrated into a single entity with a supra-territorial scope.

In this way, an adequate application is guaranteed with the same criteria to all the possible stakeholders throughout the national territory and avoid partial or incomplete visions, as when the criterion of a community It will prevail against the rest and will administratively affect operators with no territorial and economic links. It is also intended to avoid overlaps with other regional aid which is granted for the same purposes and which are fully managed by the autonomous communities. Therefore, the potential beneficiaries of such aid are required to have members or activity in several autonomous communities, so that the regional powers are not only not affected but the objectives of the The integration of entities is reinforced with this line of state management aids.

In this sense, it is intended, jointly, to strengthen our agro-food associationism, to break with the current atomization of the food industries and to overcome economic and regional borders, through the faculty state of laying the foundations and coordinating the general planning of economic activity and the general power to lay foundations in the field of cooperativism. In this respect, the judgments of the Constitutional Court 72/1983, 44/1984, 165/1985 and 88/1989, which expressly attribute exclusive competence to the State on cooperatives of the supra-regional scope, must be recalled.

The management and implementation of the programme's operations is the responsibility of the Ministry of Agriculture, Food and Environment, through the Directorate-General for Rural Development and Forestry Policy, as the managing authority of the the programme, as set out in Article 7 of Royal Decree No 1080/2014 of 19 December 2014 establishing the arrangements for the coordination of the management authorities for rural development programmes for the period 2014-2020.

For the operations of investments in the processing, marketing and development of agricultural products, regulated in this royal decree, the Directorate General of Rural Development and Forestry Policy has delegated management and implementation of the same in the Food Industry Directorate-General and the Spanish Agricultural Guarantee Fund (FEGA) jointly, by means of the corresponding delegation agreement.

Priority Associative Entities recognized by the Ministry of Agriculture, Food and the Environment requesting this assistance will not be able to request support for the same purpose and object to the Regional Programs of Rural development, or other public or other public or private, national or international authorities.

This royal decree is dictated by the article 149.1.13ª of the Constitution which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic and social activity. Pursuant to Articles 17 and concordant of Law 38/2003 of 17 November, General of Grants, the regulatory bases of these grants are established.

In the procedure for drawing up this royal decree, the autonomous communities and the entities representing the interests of the sectors concerned have been consulted.

Also, a report has been obtained from the Delegate Intervention, the Office of the Budget and the State Attorney in the Department.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of the day November 6, 2015,

DISPONGO:

Article 1. Object.

This royal decree aims to establish the regulatory basis for the granting of subsidies for the promotion of the integration of agro-food associative entities into a competitive competition regime. supra-regional character for material or intangible investments in the processing, marketing and development of agricultural products under the 2014-2020 National Rural Development Programme.

The investments regulated by this real decree of bases are framed in the National Program of Rural Development, financed by the Ministry of Agriculture, Food and Environment (MAGRAMA) and the European Fund Agriculture for Rural Development (EAFRD) and regulated by Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and by The repeal of Council Regulation (EC) No 1698/2005.

Article 2. Definitions.

For the purposes of applying this royal decree, the following definitions shall apply:

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 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 discharge in the National Register of Priority Associative Entities, provided for in Law 13/2013, of 2 August, the integration of cooperatives and other agri-food associations.

2. Completed investment: that which has been materially completed or has been fully implemented and in respect of which the beneficiaries have paid all the related payments and have received the corresponding public contribution.

3. Performance: the functional unit of execution, with a budget defined within the investment project.

4. Budget year: from 1 January to 31 December.

Article 3. Purpose of the investments.

1. The aid under this measure shall cover projects relating to the investment or intangible investments in the processing, marketing or development of agricultural products referred to in Annex I to the Treaty on the Functioning of the European Union (TFEU). or of cotton, with the exception of fishery products.

2. Investments must be in accordance with one or more of the following purposes:

a) Improving the added value of products and their positioning in markets.

b) Improving processing and/or marketing processes.

c) The development of products, processes, or technologies.

3. Investments should contribute to the improvement of the competitiveness of the products offered by the applicant priority associative entity.

Article 4. Beneficiaries.

The aid provided for in this royal decree will be eligible for the priority associative entities recognized in accordance with Royal Decree 550/2014 of June 27, which make investments aimed at the intended purposes Article 3.2 through the objectives described in this royal decree.

Article 5. Requirements of the beneficiaries.

1. Beneficiaries are to comply with the general requirements and obligations laid down in Articles 13 and 14 of Law 38/2003 of 17 November, General of Grants.

2. The priority associative entity shall demonstrate economic viability by the required documentation referred to in Article 11.

3. Regardless of the above, the priority associative entities in which one of the following circumstances concur shall not be eligible for this aid:

(a) Where the applicant priority associative entity is in a crisis situation, as defined in the Community guidelines on State aid for rescuing and restructuring firms in difficulty, according to with the Guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (Communication 2014 /C 249/01 of the Commission of 31 July 2014).

(b) Where the requesting priority associative entity is in the process of having applied for the voluntary declaration of competition, it has been declared insolvent in any proceedings, and has been declared as a contest, unless the latter has acquired the effectiveness of an agreement, is subject to judicial intervention or has been disabled in accordance with Law 22/2003 of 9 July, Insolvency, without the end of the period of disablement fixed in the judgment of qualification of the competition.

(c) Where it is not established that the requesting priority associative entity is aware of its tax and social security obligations, as well as its obligations for reimbursement of subsidies.

Article 6. Requirements for investment projects.

1. Aid applicants shall submit an investment project relating to the processing, marketing or development of agricultural products comprising final products or products placed on the market listed in Annex I to the Treaty Operation of the European Union (TFEU) or of cotton, except fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on establishes the common organisation of the markets in the fisheries and aquaculture products sector; Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 are amended and Council Regulation (EC) No 104/2000 is repealed.

2. The projects presented will be clearly defined, specifying the actions and their duration, as well as their location and detailing the concepts of expenditure that make up each performance and the estimated costs of each of them.

3. The deadline for the implementation of the investment projects shall be 1 October of the financial year following that of the call. Therefore, projects may have a maximum duration of two periods of execution, which will last for the following duration:

(a) The first period of implementation shall be from the date of the submission of the aid application or, where appropriate, from the lifting of the non-commencement act until 1 October of year n, the budgetary year being n which is published on call.

(b) The second execution period shall be from 2 October of year n to 1 October of year n + 1.

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

4. Failure to comply with the deadlines set out above for reasons attributable to the beneficiary shall entail the refusal or, where appropriate, the reimbursement of the grant.

5. Only investments intended for products for which the priority associative entity has been recognised, among those listed in Annex I to the Treaty on the Functioning of the European Union (TFEU) or on cotton, shall be supported, except for fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013.

6. No aid shall be granted for investments initiated prior to the submission of an aid application, except for the cases referred to in paragraph 25 of Annex I, or for the failure of the relevant non-commencement act, where appropriate. For these purposes, the commencement of the construction work or the first undertaking legally binding on the investment shall be considered to be the beginning of the investment. In the case of non-mobile investments amounting to more than EUR 18,000, the instructor body shall draw up non-starter minutes for the evidence that it has not been initiated. Such minutes shall not generate legitimate expectations for the grant of a grant, in such a way that it does not affect the meaning of the resolution of the aid application or generate the right to reimbursement or compensation of any kind.

7. In order for an investment project to be eligible, it should lead to the improvement of the overall performance of the applicant priority associative entity. To this end, in addition to contributing to the achievement of the purposes referred to in Article 3.2, it shall include one of the following objectives:

a) Increase the company's competitiveness.

b) Reduce costs.

c) Increase the added value.

d) Reduce environmental impact.

e) Improving the traceability and security of productions.

f) Diversify productions and/or markets.

g) Improving the quality of productions.

h) Implement new products, processes, or technologies.

i) Improve the marketing of the entity's productions.

Article 7. Incompatibility with other aids.

1. The perception of the grants provided for in this royal decree shall be incompatible with that of any other which, for the same purpose and purpose, may establish other public or private, national or private authorities, or

2. However, for investments eligible for support under the fourth and fifth sections of Royal Decree 1079/2014 of 19 December 2014 for the implementation of the 2014-2018 support programme measures for the developing wine sector 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 agricultural products, the incompatibility shall be subject to the existence of open call for the submission of applications on the basis of the actual decree.

3. In particular, it will be incompatible with the aid, for the same purpose, for investments in the fruit and vegetables sector received by undertakings recognised as an organisation of fruit and vegetable producers, as established by the Royal Decree 1972/2008 of 28 November, and in accordance with the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

4. The applicant shall provide at the time of the aid application a declaration responsible for not having requested or receiving incompatible aid.

Article 8. Investments and eligible expenditure.

1. The following eligible expenditure shall be:

a) Tangible investments:

1. Construction, acquisition or improvement of real estate, or facilities, or logistics centers.

2. No. Purchase or lease with option to purchase new machinery or equipment or other goods, including computer software, acquisition of information and communication technologies (hardware) up to the value of Product market; other costs related to leasing contracts with the option of purchase (lessor margin, interest refinancing costs, insurance costs, etc.) shall not be eligible expenditure.

b) Intangible investments:

1. The acquisition or development of software (software).

2. º Acquisition of patents, licenses, copyrights, trademarks.

3. Expenditure related to the company in general: investments that improve the operational structure of the administrative management systems (including computer systems), the 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, the general costs associated with those referred to in points (2a) and (2b) such as

1. Honorary architects, engineers and advisors for project development and work management.

2. No fees related to economic and environmental sustainability advice, including feasibility studies with the limits set out in Annex II. Feasibility studies shall be eligible expenditure, even if, on the basis of their results, the expenditure referred to in points 2.a) and 2.b is not realised.

3. Environmental Impact Assessment where appropriate, in accordance with Law 21/2013, of December 9, of Environmental Assessment.

d) Elaboration and placement of a poster or information plate in compliance with article 15.5 of this royal decree.

2. Value added tax shall not be considered eligible expenditure, except where it is not eligible for recovery by the beneficiary.

3. A non-exhaustive list of ineligible expenditure is set out in Annex I. The amount of the actions exceeding the maximum modules and limitations set out in Annex II shall also not be considered eligible.

4. Expenditure arising from the audit report required under Article 16.6 (i) shall be eligible for eligible expenditure, without exceeding 4% of the eligible expenditure.

5. Expenditure eligible for assistance submitted with an aid application shall meet the following criteria for the moderation of costs:

(a) In general, the aid applicant must provide at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of service or the delivery of the goods, unless, due to its special characteristics, there is no market sufficient number of entities performing, providing or providing for them, provided that they are in any of the following circumstances:

1. In the case of civil works expenditure, where the amount of eligible expenditure excluding VAT, equals or exceeds EUR 50 000.

2. In the case of expenditure on the purchase of machinery, facilities, supplies and services, where the amount of eligible expenditure, excluding VAT, is equal to or exceeds EUR 18,000.

(b) The choice between the tenders submitted, which shall be provided together with the aid application, and before the delivery of the goods or the contracting of the undertaking for the provision of the service, shall be made on the basis of criteria of efficiency and economy, the choice being expressly justified when it is not the most advantageous economic proposal.

Article 9. Intensity and amount of aid.

1. The aid may reach, at most, 40% of the eligible costs.

2. The ceiling for maximum aid per investment project is EUR 2,000,000.

Article 10. Submission of requests for help.

1. Applications shall be addressed to the President of the Spanish Agricultural Guarantee Fund, and shall be filed in the General Register of the Spanish Agricultural Guarantee Fund, c/Beneficencia n. º 8, Madrid, or in any of the places provided for in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. The time limit for the submission of applications shall be that laid down in the relevant notice and, if not established, 20 days from the day following that of the publication of the notice in the Official Journal of the European Communities. Status ".

3. Applications shall be formalised in accordance with the model of the instance accompanying each call.

4. The electronic submission of the application, as appropriate, as well as the additional documentation specified in the respective calls, shall be made in the terms provided for in the call, in accordance with the provisions of Law 11/2007, of 22 June, the electronic access of citizens to public services.

Article 11. Documentation accompanying the request.

The application must be accompanied by the following documentation, without prejudice to any additional documentation that may be required for each annual call:

1. Statement responsible for not being incourseable in any of the cases referred to in Article 13.2 and 3 of Law 38/2003 of 17 November, according to the model to be established in the corresponding call.

2. Statement responsible for not having requested or receiving any incompatible aid, depending on the model to be set out in the relevant call.

3. Declaration responsible for not being in a crisis situation in accordance with Community legislation or for recovery of any aid financed by the European Agricultural Fund for Rural Development (EAFRD), according to the model to be established in the corresponding call.

4. Statement of the grants received by the building or the premises for the last ten years in the cases specified in Annex I, paragraph

.

5. The application for aid involves the authorization of the Ministry of Agriculture, Food and the Environment, in order to obtain from the Tax Agency and the General Treasury of the Social Security information regarding the fulfilment of the obligations Tax and social security. However, the applicant may expressly refuse the consent, and must provide the corresponding certificates together with the application to demonstrate compliance with tax obligations and with social security.

6. Investment project for which the aid is requested, containing at least the following information:

a) Products that contemplate the investment.

b) Location of the investment (address and coordinates where applicable).

c) Forecast to create jobs with investment, with attention to gender equality and the promotion of young people.

d) The investment project will be clearly defined, specifying its actions and detailing the concepts of expenditure that make it up and the estimated costs of each of the actions, differentiating the two periods of execution, if any.

e) Detailed description of the project in which it is expressed in a reasoned manner as the investment project improves the performance of the requesting priority associative entity, expressly and in a reasoned manner Investments contribute to achieving one of the objectives set out in Article 6.7, specifying the target markets for the products and their share. It will also describe the extent to which the "Available Technical Improvements" have been taken into account in the investment project.

f) Study to prove the economic viability of the investment by means of a report drawn up and subscribed, by third person, independent of the applicant, entitled competent.

g) Schedule of implementation of the actions envisaged for each of the two implementation periods referred to in Article 6.3, where appropriate, specifying the dates for the start and end of the implementation, as well as the budget intended for each of them. Where such a timetable is amended, it shall be communicated to the Food Industry Directorate-General at least 15 days before the amendment proposed for approval by that Directorate-General occurs.

h) The following text:

" This project is being drafted in order to be funded under the 2014-2020 National Rural Development Programme, funded by the Ministry of Agriculture, Food and Environment (MAGRAMA) and the European Fund. Agriculture for Rural Development (EAFRD).

The project also includes a departure for signaling of the EAFRD contribution to its financing, in case it is finally selected. "

7. Audited accounts of the previous fiscal year when you want to opt for valuation criteria related to turnover or profits.

8. Budgets or pro forma invoices for the actions. The beneficiary shall submit at least three tenders in accordance with the provisions of Article 8.6. If the option proposed by the applicant is not the most economically advantageous from the three submitted, it shall also present a memory in which it shall expressly justify that choice. The budget shall cover the preparation and placement of the poster or information plate described in Article 8.1.d

9. In the case of acquisition of buildings, which are not to be taken down, a certificate of a duly accredited independent appraiser or a duly authorised public body or body shall be provided in accordance with Article 30.5 of the Law 38/2003 of 17 November, stating that the purchase price does not exceed the market value.

10. Certificate of recognition of the right to exemption from VAT or, where appropriate, the last declaration of VAT in cases where the company is unable to recover it.

11. Demonstrate clearly the economic viability of the entity by incorporating the following information:

(a) In the event that the institution is required to be audited, audit report of the annual accounts of the last three financial years deposited in the relevant register, in accordance with its personality legal. If the institution is newly established and therefore it is not possible to provide the information for the last three financial years, the information of the basic institutions shall be provided, in the event that they are obliged to submit to an annual account audit report.

(b) In the event that the entity is not subject to the latter obligation, an auditor report based on the balance sheets and profit and loss accounts of the last three financial years.

(c) The information referred to in paragraphs (a) and (b) shall be clearly marked for each of the last three financial years the following ratios:

-Maneuver Fund: Current-Passive Current.

-Liquidity: Current Asset/Current Liabilities.

-Solvency: Total Active/(Current Liabilities + Liabilities Not Current).

-Indebtedness: (Current Liabilities + Non-current Liabilities)/Net Heritage.

-Net Equity Ratio/Non-Current Asset Ratio.

12. The application shall be accompanied by an explanatory note of the characteristics of the requesting priority associative entity containing, at least the following information to enable it to be assessed in competitive competition:

a) General information of the priority associative entity. Evidence of the personality of the applicant. Justification for the use in its business strategy of the investment measure contained in the National Rural Development Programme for the achievement of the objectives proposed by the institution.

b) Economic and social information of the priority associative entity, scope of action, composition of the governing council and distribution of employment (young and women).

13. If applicable, environmental memory conditioned by the Environmental Strategic Declaration containing at least the following information on the effects of the project on the environment:

(a) If it is appropriate to submit the project to the environmental assessment procedure referred to in Law 21/2013, of 9 December, of environmental assessment.

b) How precautionary and precautionary principles are to be taken into account in order to minimize negative effects.

c) How the impacts are to be corrected and offset.

d) If natural resource consumption is to be minimized with project development.

e) If it is going to be used and as the best scientific knowledge possible and best environmental practices.

14. The application shall contain the express authorisation to the instructor to verify the identity data of the legal representative of the requesting entity, by consulting the Identity Data Verification System provided for in the Article Only, paragraph 3, of Royal Decree 522/2006 of 28 April 2006 abolishing the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies linked or dependent. If the person does not give his consent, he/she must provide a certified photocopy of the corresponding document or identity card, as provided for in the aforementioned article. The power of the applicant, sufficient and subsisting, shall also be accredited.

15. Any documentation that the data subject considers necessary and precise so that all the selection criteria listed as Annex III in this royal decree can be properly assessed.

Article 12. Instruction of the assessment procedure and commission.

1. The instruction and management of the procedure shall be carried out by the Directorate-General of the Food Industry, which shall carry out as its own initiative as many actions as it deems necessary prior to the submission of the reports in the assessment committee.

2. The assessment of the applications shall be carried out by the instructor, after the assessment committee has been informed.

3. The valuation fee shall be composed of:

(a) President: The Deputy Director-General for Industrial Development and Innovation, from the Directorate-General for Food Industry.

b) Vocals: Three officials attached to the General Secretariat 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 Agricultural Guarantee.

(c) Secretary: An official appointed by the Director General of the Food Industry, with voice and vote.

4. That committee shall specify the outcome of the assessment carried out in a report which it shall forward to the instructor, taking into account the assessment criteria referred to in Annex III as provided for in Article 24 of Law 38/2003 of 17 December 2003. November. The assessment criteria shall always apply even in cases where the available budget for the measure or call exceeds the demand for financing. Only projects that exceed a minimum threshold of 30 points will be selected.

5. The operation of the valuation commission shall be in accordance with the arrangements laid down for the bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992.

The creation and operation of the commission shall be in accordance with the personal, technical and budgetary means assigned to the body in which it is integrated, as provided for in Article 2.2 of Royal Decree 776/2011 of 3 of June.

6. It is for the instructor, in accordance with the provisions of Article 24 of Law 38/2003 of 17 November, to carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the data by virtue of (a) which shall be given the judgment.

7. The instructor, in the light of the dossier and of the report of the assessment committee, shall draw up the proposal for a provisional resolution which shall contain a list of applicants for which the aid is proposed and the amount of the aid, as well as another list. of the excluded applicants specifying the reason for such exclusion. The draft interim resolution does not create any right in favour of the proposed beneficiary vis-à-vis the Administration.

8. For the resolution of scoring situations which may be presented in the preparation of the provisional list referred to in the preceding paragraph, the following priority criteria shall be taken into account in the order shown:

a) In the first place, priority will be given to investment projects that are more in line with the conditions of the Strategic Environmental Declaration of the 2014-2020 National Rural Development Program.

(b) In the second term, priority shall be given to those investment projects whose applicant takes more time as a priority associative entity.

(c) If the status of a tie still persists, those investment projects whose applicant is a priority associative entity with a cooperative legal form shall be a priority.

9. In accordance with the provisions of Article 59.6 of Law No 30/1992 of 26 November 1992, the individual notification of the motion for a resolution is replaced by the publication of the motion for a resolution on the official website of the Ministry of Agriculture, Food and the Environment, granting a period of ten days from the publication to submit claims.

10. After examination of the allegations, where appropriate, the assessment committee shall make the proposal for the grant of the grant, which the instructor shall raise as a proposal for a final decision, in accordance with the provisions of Articles 22.1 and 24.4 of Law 38/2003, of 17 November, to the President of the FEGA.

Article 13. Resolution.

1. The competent body to resolve the grant of the aid shall be the President of the FEGA.

2. The resolutions shall be reasoned, in any event the grounds for the decision to be adopted shall be accredited.

3. The resolution will be published in the terms of Articles 58 and 59 of Law 30/1992, of November 26, on the website of the Ministry of Agriculture, Food and Environment.

4. The maximum period for resolving and publishing the decision of the procedure may not exceed six months from the date of publication of the call for aid, unless its effects are postponed to a later date, compliance with Article 25.4 of Law 38/2003 of 17 November.

5. The resolution shall also include an orderly relationship of all applications which, in compliance with the administrative and technical conditions laid down in these regulatory bases to acquire the status of beneficiary, have not been estimated as the valuation phase does not reach a minimum of 30 points or the maximum amount of the credit fixed for each call is exceeded, in order to be able to proceed with the provisions of Article 63.3 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of July 21.

6. This decision may be brought before the Minister for Agriculture, Food and the Environment within a maximum of one month from the day following that of his notification or publication.

After the maximum period established without the express judgment and published resolution, the application may be understood to be dismissed, in accordance with the provisions of Article 44.1 of Law No 30/1992 of 26 November 1992, without this exempts the legal obligation to resolve.

Article 14. Modification of investment projects.

1. The beneficiary may request the modification of the investment project envisaged in the application up to two months before the deadline for the submission of the payment applications.

2. Any changes to the proposal initially submitted and the object of a positive resolution should be communicated to the Food Industry Directorate-General to raise the proposal to the FEGA for approval. In any case, the conditions and limitations set out below shall be taken into account for their eligibility.

a) No modifications will be supported that alter the project's end goal.

b) No modifications that result in a change of beneficiary will be accepted.

(c) No modifications affecting the fulfilment of the eligibility conditions or the score obtained in the assessment criteria shall be permitted.

(d) No amendments shall be allowed to extend the period of implementation of the project or affect the increase to the approved budget for each implementation period.

3. Amendments involving non-execution shall not be permitted under the conditions laid down at least 70% of the eligible investment initially approved in the decision to grant the aid. The modifications that result in a decrease in the approved budgets will result in the proportional reduction of the grant.

Regardless of what is mentioned in this article, the FEGA may exceptionally approve modifications to the grant resolution, upon a proposed modification by the instructor, that do not conform to the conditions referred to in the preceding paragraphs, in cases 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 17 December 2013 on financing, management and monitoring of the common agricultural policy, which will result in the repeal of 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. Beneficiaries shall be subject to the fulfilment of the obligations referred to in Article 14.1 of Law 38/2003 of 17 November, as well as to register the grant they receive in the corresponding accounting books.

2. The aid, plus any interest on late payment, must be repaid within five years of the final payment to the beneficiary, in the event of any of the following circumstances:

a) The cessation or relocation of a productive activity outside the program area; or

(b) the change in ownership of an infrastructure element that provides an undertaking or public body with an undue advantage; or

(c) a substantial change affecting the nature, objectives or conditions of execution of the operation in such a way as to undermine its original objectives.

3. The foregoing paragraphs shall not apply to the contributions received in respect of the cessation of non-fraudulent productive activity.

4. During the implementation of an investment project, the beneficiary shall inform the public of the aid obtained from the EAFRD in accordance with the requirements for information and publicity in Article 13.2 and Annex III (2) of the Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development through of the European Agricultural Fund for Rural Development (EAFRD).

5. In order to be eligible for EAFRD support, in those cases where appropriate, investment projects shall be preceded by an environmental impact assessment in accordance with Law 21/2013 of 9 December 2013.

6. The beneficiaries will have to form a single bank account, for the income of the aid and from which they will make all the movements related to the grant.

7. Carry out an analytical accounting to enable the identification of the revenue and expenditure relating to the performance of the activities, keeping that information available to the competent national authorities and the European Commission for possible checks.

8. Have the accounting books legalized as set out in the regulations.

9. Beneficiaries shall undertake to provide all necessary information to enable the monitoring and evaluation of the programme to be carried out.

Article 16. Payment requests and documentation to be submitted.

1. Payment applications shall be filed with the General Register of the FEGA on the street Beneficencia, 8, Madrid, or any place provided for in Article 38.4 of Law 30/1992, of November 26, according to the model established in the call corresponding.

2. A single payment application shall be submitted for each investment project, except in the case of projects running in two financial years, in which case two payments may be requested, one for each period of implementation, as established in Article 6.3.

3. The time limit for the submission of the payment application and the related documentation shall be before 15 October of the relevant financial year.

4. The actions for which the payment is requested shall be implemented, justified and paid to be eligible.

5. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. However, where the total implementation of the project does not reach 70% of the initially approved eligible investment, no aid shall be paid.

6. For the payment request it will be submitted:

a) An execution report composed of:

1. A summary report of the actions that have taken place.

2. An assessment of the results obtained that can be verified at the date of the report.

3. A recapitulative financial statement where the planned and actual expenditure is recorded, each related to the corresponding actions.

b) An extract from the single bank account.

c) Original payment invoices and supporting documents, if any.

d) Bill repayable table, where each invoice is related to its corresponding payment justifications and notes in the bank account.

e) All supporting documentation of the actions taken.

(f) A statement responsible for not being incourseable in any of the cases referred to in Article 13.2 and 3 of Law 38/2003 of 17 November, according to the model to be established in the corresponding call.

g) Certificates of being aware of tax obligations and social security.

h) Bank details of the account chosen to receive the help.

i) A company accounting audit report that allows the identification of revenue and expenditure relating to the performance of the activities of this aid.

(j) Statement responsible for the requesting entity in which it is stated that it has neither requested nor received any incompatible aid for the same purpose and object nor is it immersed in a process of drawback of grants.

k) Certificate of independent appraiser, duly accredited and registered in the corresponding official register, in the case of acquisition of real estate. The report shall contain the information necessary for the purposes of point 3 of Annex I.

l) License of works in cases of construction of new covered areas, extension of existing ones and other investments where necessary.

(m) In addition, for the technical justification of investments, the beneficiary may be asked to provide the means of proof to demonstrate the performance of the approved investment projects.

7. However, additional supporting documentation may be required for the justification of the expenditure incurred.

Article 17. Funding.

1. Community financing of the actions referred to in Article 8 of this Royal Decree shall be made in accordance with 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 and 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 financing and payment of the national aid shall be made from the budget of the Spanish Agricultural Guarantee Fund, which shall be fixed in the invitation to tender, and shall not exceed the limit laid down therein and subject to the conditions laid down in this Regulation. existing budgetary resources.

3. The EAFRD co-financing rate shall be 53%.

Article 18. Payments.

1. The payment shall be made by the Spanish Agricultural Guarantee Fund by bank transfer to the single account that the applicant has indicated in the application.

2. Payments shall be made by the Spanish Agricultural Guarantee Fund within 45 days of receipt of the payment request.

3. However, at any time in the period of forty-five days following the first registration of the application for payment, this period may be interrupted by notification of the Spanish Agricultural Guarantee Fund to the applicant for subsane the lack of or accompanying the required documents and other necessary elements of judgment.

4. The period shall be resumed from the date of receipt of the information requested, which shall be sent or made, respectively, within 10 days of the notification. If you do not do so, you will have to withdraw your request, upon resolution.

5. The justification for the aid shall be made in accordance with the provisions of Article 30 of Law 38/2003 of 17 November.

Article 19. Controls.

1. Controls will be performed during the execution and after the payments are completed.

2. In accordance with Article 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, systematic administrative checks shall be carried out on 100% of the payment applications, which shall be supplemented by on-the-spot checks.

3. The on-the-spot checks shall represent at least 5% of the expenditure co-financed by the EAFRD as well as 5% of the beneficiaries.

4. The implementation of the on-the-spot checks will be framed within a Control Plan and will be included in a report.

5. In the particular 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, a monitoring plan shall be put in place in order to ensure that five years following the final payment of the beneficiary:

a) No cessation or relocation of productive activity outside the program area,

(b) there shall be no change of ownership of an element of the infrastructure that provides the undertaking or the public body with undue advantage,

(c) or substantial change affecting the nature, objectives or conditions of execution of the operation in such a way as to undermine its original objectives.

6. Similarly, a monitoring plan will be put in place so as to ensure that in the ten years following the final payment of the beneficiary, a relocation of productive activity outside the European Union will not occur when the beneficiary is made an investment in infrastructure or productive investment, except where the beneficiary is an SME.

Article 20. Refit.

In the event of undue payment, the beneficiary shall be obliged to reimburse the amount in question, which shall be added to the relevant default interest.

Article 21. Return at the initiative of the recipient.

The beneficiary may make the voluntary return of the amounts received without prior request from the Administration, in accordance with Article 90 of the General Grant Law Regulation, approved by Royal Decree 887/2006 of 21 July. The refund will be made in accordance with the procedure for the collection of non-tax revenues regulated by Order PRE/3662/2003 of 29 December, which regulates a new procedure for the collection of non-tax revenues. raised by the Economic and Finance Delegations and cash income in the branches of the General Deposit Box and its branches, through the model issued by the FEGA.

Article 22. Penalties.

1. The appropriate sanctions regime shall apply to such aid in accordance with Articles 63 and 64 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

2. Subject to Article 6 of Council Regulation (EC) No 2988/95 of 18 December 1995 on the protection of the financial interests of the European Communities, the system of infringements and penalties provided for in that Regulation shall apply. Law 38/2003, dated November 17.

Article 23. Advertising.

The grants called or granted from 1 January 2016, under this royal decree, will apply to them as provided for in Articles 18 and 20 of the current Law 38/2003 of 17 November, in the field of advertising and transparency.

In addition, the beneficiaries will be required to advertise the grants and aid received under the terms and conditions laid down in Law 19/2013 of 9 December of transparency, access to public information and good government.

Furthermore, the provisions laid down in the rules on information and advertising, as detailed in Annex III to Commission Implementing Regulation (EU) 808/2014, shall be complied with as a performance co-financed by the Commission. EAFRD.

Final disposition first. Applicable rules.

In any event not provided for in this royal decree, Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on Regulation (EU) No 1306/2013 of the European Parliament and of the Council shall apply. of 17 December 2013, and its implementing and implementing rules, as well as Law 38/2003 of 17 November, and its Rules of Procedure, adopted by Royal Decree 887/2006 of 21 July.

Final disposition second. Competence title.

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

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, November 6, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Expenses not considered eligible

1. The costs of constitution and first establishment.

2. Purchase of land and related expenses (notary fees, taxes and the like).

3. The purchase of buildings that will be knocked down. If the purchase of a building is subject to aid, the value of the land constructed and the value of the building, valued by competent technician, is not considered eligible.

4. The purchase of buildings or premises if they have been subsidised in the last ten years. Investments in local reforms that would have been previously subsidised by public administrations and not five years after their completion will also not be eligible. This shall be accompanied by a statement of the grants received by the building or the premises for the last ten years.

5. In the case of a lease with an option to purchase, the other costs related to lease contracts with an option to purchase such as the lease margin, the refinancing costs of interest, shall not be eligible expenses. the general expenses and insurance costs.

6. Works of ornamentation and recreational equipment, except for investments in which marketing activities are contemplated, in which case the intended expenditure for teaching or commercial purposes is eligible.

7. The purchase of depreciable material normally in one year.

8. Investments that appear in the accounting as expenses.

9. The purchase and installation of secondhand machinery and equipment.

10. The costs relating to the transfer of existing machinery to the site or site in which the project is to be carried out.

11. Repairs and maintenance works. Operations performed on installed machinery to expand capacity or improve performance are not considered for repairs.

12. The value added tax (VAT) recoverable by the beneficiary.

13. Buildings intended for housing.

14. Vehicles, in a specific way, will not be eligible for replacements. However, if they are eligible:

Vehicles or appliances of the internal transport on the premises.

New acquisition vehicles (fleet) intended for the transport of agri-food products subject to processing and/or marketing by the applicant company.

15. Rental costs for production equipment and investments financed through leasing.

16. Staff expenditure, except those referred to in Article 8.2.c.

17. The materials of its own origin.

18. Expenses for financial transactions, interest on debtors or late payments, fees for foreign exchange and losses, as well as other purely financial expenses.

19. Fines, financial penalties and legal proceedings.

20. Signs or indicators on public roads or other public or private spaces other than the applicant's establishment, shop, installation, estate or enclosure.

21. Investments related to gastronomy and tourism.

22. Administrative processing costs.

23. Purchase of buildings or facilities that are rented or otherwise held by the applicant at the date of the application.

24. Jobs or investments started or made prior to the date of application for aid, except for the following expenditure, provided that they are incurred within the year preceding the date of application for aid:

a) Technical fees, costs of economic, technical, geotechnical, market, and similar feasibility studies, the acquisition of patents and licenses, and expenses related to permits and construction insurance.

b) Environmental assessment.

25. The amount of investments and concepts exceeding the maximum modules and limitations set out in Annex II.

26. Taxes, fees and contributions shall not be considered to be eligible for assistance, except as provided for in point 12 of this Annex.

27. Investments related to security measures such as alarms, anti-theft systems, security barriers and the like.

28. Investments relating exclusively to promotion and advertising. With the exception of the advertising forecasts referred to in Article 23, this royal decree.

ANNEX II

Maximum modules and limitations

I. Urbanization

Only investments in plot closure, esplaned and firm will be permitted, with the following limitations in any case:

-In closures the maximum eligible perimeter shall be the equivalent (equal value) to twice the eligible new covered area, with a maximum allowable cost of 30 €/m, including the unique elements.

-On esplanades and firm the maximum atsible surface will be equal to the new eligible built surface, with a maximum allowable cost of 25 €/m², including all elements and concepts.

II. New build and extension builds on existing

Maximum eligible investment modules (€/m² constructed and atsible) applicable to the total cost of implementing the investment in civil works, excluding installations, and including internal divisions shall apply. all its elements, regardless of the material used. It will also include the heated premises (up to 0 ° C), but not the facilities and equipment of cold or heat.

The amount of the modules will be:

1. Module A: 380 euros/m² built, applicable to the industries with high sanitary and air conditioning requirements of premises (meat industries, dairy, bread and derivatives and facilities of by-products). It will also apply to existing industries which build for the expansion of manufacturing areas and new lines with high health and air conditioning requirements (product packaging areas, etc.).

2. Module B: 340 euros/m² built, applicable to industries with medium requirements (other agro-industries) as well as existing industries that do building expansion of activity with sanitary and air conditioning requirements means.

3. Module C: 290 euros/m² built, applicable to industries that make simple buildings for the storage of raw materials, end products, vehicles, etc., without special sanitary or air conditioning requirements.

These modules may be increased up to 60 €/m² in the case of buildings requiring, by the equipment used, a height of more than six metres, or, in the case of several plants, a free height between plants exceeding six metres.

The amount of these modules will also be applied as a maximum investment to subsidise for the acquisition of buildings including their refurbishment or refurbishment.

III. Conditioning in existing buildings

A maximum eligible investment module of 280 €/m² applicable to the total cost of execution of the investment in civil work shall apply.

IV. Other limitations applicable to specific zones and equipment

1. In the case of offices, toilets, changing rooms, dining rooms and other premises and equipment for eligible staff, the eligible area shall be assessed in accordance with the number of employees of the undertaking to be used.

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 the productions, the maximum eligible area will be 100 m² without in any case exceeds 15% of the eligible remaining area of the industry included in the aid application.

3. In the case of areas specifically dedicated within an industry, to the retail exposure and sale of the company's products, the maximum eligible area shall be 50 m², without in any case exceeding 15% of the eligible remaining area of the industry included in the aid application.

4. In any case, investments in existing industries related to all these concepts will be supported to the extent that they are proven to contribute to improving the overall performance of the company.

V. Other expenses

Costs in technical and economic feasibility studies, as well as environmental impact assessment, shall be admissible whenever the study is submitted with the application and is signed by competent professional, in any case the maximum allowable amount of EUR 1,700 for each of the two concepts. They shall not, however, be admissible if the project and management fees are subsidised in excess of the amount indicated.

For project and address fees, architects, engineers and advisors will be allowed at most 10% of the total eligible amount.

Not included in this section will be the carriage of vehicles, the equipment and equipment of laboratories, and equipment and computer equipment, including software.

Prior to calculation, the following correction coefficients will be applied:

Amount of Investment Considered Eligible (Euro)

Coefficient
		1
300.001-600,000	0.4
600.001-3.000,000	0.2
to 3,000,000	0.1

For the purposes of calculation, the budgets in assets considered ineligible shall not be taken into account. The result shall be rounded by default in the centenas. In any case, the project and address must be carried out by a competent technician.

ANNEX III

Assessment Criteria

1.1.4 EAP with employment of young people under 35 years old with a percentage greater than 15%.

Criteria	Maximum Score
	1.1 Assessment of the scope of the entity's scope priority associative (EAP) to make the investment (maximum 12 points):
1.1.1 EAP with more than 2,000 base cooperative partners.	1
1.1.2 EAP with more than 20,000 partners base cooperativists (additional to previous section)	1
1.1.3 EAP with female employment greater than 15%.	2
2
1.1.5 EAP performance scope higher than the scope of two stand-alone communities.	1
1.1.6 EAP performance scope greater than five provinces.	1
1.1.7 To contain at least 25% women in the Address Board.	2
1.1.8 To contain at least 10% under 35 years on the Address Board.	2
1.2 Assessment of the EAP's ability to make the investment (maximum 20 points):
1.2.1 EAP with net worth/non-current assets ratio not more than or equal to 0,5 and less than 0,7 (in the previous year to be reported the investment request).	7
1.2.2 EAP with net worth/active not current ratio greater than or equal to 0.7 (in the year before the investment request).	13
1.3 Assessment of the degree of match between the investment objectives and those proposed by the EAP (maximum 5 points):
1.3.1 EAP investment coincident with some of the founding purposes of the EAP, for business purposes.	5
1.4.1 Not having received public support for investments in the same EAFRD budget period, for this measure.	5
characteristics (maximum 72 points)
2.1 Assessment of the location of the future investment (maximum 6 points):
2.1.1 In the case of investments taking place in island regions.	2
2.1.2 In cases of investments taking place in rural areas.	2
2.1.3 In the cases of investments that involve moving the Installations of the interior of an urban hull to other areas eligible for the projected use.	2
2.2 Assessment of the impact economic and social (maximum 10 points):
2.2.1 EAP investment linked to job creation in the EAP itself.	5
2.2.2 EAP Investment linked to the creation of employment in the rural environment with influence over the EAP.	5
2.3 Assessment of 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% in employees.	2.5
2.3.2 In cases applications to co-generate employment of young people under 35 years of age in at least 25% of jobs.	2.5
2.4 agri-food sector represent future investment (maximum 10 points):
2.4.1 Investment project that is intended for further transformation industrial.	5
2.4.2 Project investment that leads to vertical integration, that is, that the investment project is part or all of a global project that integrates the food chain, propitiating that the added value that remains in the EAP is the maximum.	5
2.5 Forecast of the concentration of the product offering marketed by the EAP and its importance to the total national sector it will represent (offer concentration potential) (maximum 10 points):
2.5.1 Increase of 10% in product volume in kg or litres to be concentrated with the investment project during the investment durability period.	5
2.5.2 Increase of 20% in product volume that EAP concentrates on the total national product marketed (market share) after having been finished the investment project.	5
2.6 Forecast to implement national agri-food products in countries outside the EU (maximum 10 points):
2.6.1 If at least 20% of the expected production volume goes to foreign trade during the investment durability period.	10
2.7 Forecast to match quality requirements and meet criteria environmental (maximum 10 points):
2.7.1 If the investment project leads to the startup of some type of certification in quality or environmental assurance, based on internationally recognized standards.	1
2.7.2 investment is oriented in whole or in part to the production of a recognised differentiated quality figure (PDO, PGI, TSG).	1
2.7.3 The investment project is oriented in whole or in part to organic production.	1
2.7.4 If at least 15% of the investment project budget is allocated to improving energy efficiency and/or reducing water consumption.	1
2.7.5 If at least 15% of the project budget investment is intended for improvement in the treatment and/or management of waste and byproducts.	1
2.7.6 If at least 15% of the investment project is intended to reduce food waste.	1
2.7.7 If the investment project proposes the use of renewable energy (biomass, wind, solar, geothermal ...), for processing, electricity or heating.	2
2.7.8 If the investment project contributes to the improvement of sustainability, the reduction of environmental impacts and/or mitigation to climate change.	2
2.8 Investments must take into account the improvements or new techniques available (BAT) of your own (a) sector of activity which has better productive levels with less consumption of resources. In order to prove this, in the memory accompanying the aid application, it is expressly justified and in a reasoned manner to what extent the investments have taken into account the BAT (maximum 11 points):
2.8.1 If the investment project contemplates the enhancements or new techniques available (MTD) for your activity sector.	11