Key Benefits:
Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific provisions with regard to the fruit and vegetables sector, amending Directives 2001 /112/EC and 2001 /113/EC and the Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/1996, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 as regards the Funds and Operational Programmes was the reform of the Common organisation of the markets in the fruit and vegetables sector, and in particular established new provisions relating to funds and operational programmes as from 1 January 2008.
This Regulation was developed by Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of Regulations (EC) No 2200/1996, (EC) No 2201/1996 and (EC) 1182/2007.
Subsequently, Council Regulation (EC) No 361/2008 repealed Regulation (EC) No 1182/2007 and incorporated it in full into Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing an organisation for the common agricultural markets and specific provisions for certain agricultural products (Single CMO Regulation) are laid down in the fruit and vegetable and processed fruit and vegetable sectors.
In sum, the regulations currently in force, following the amendments and derogations outlined, are, on the one hand, Council Regulation (EC) No 1234/2007 of 22 October 2007 and, on the other, Regulation (EC) No 1580/2007 the Commission, of 21 December 2007, following the last amendments, including that made by Commission Regulation (EC) No 1327/2008 of 19 December 2008.
An additional provision is contained in this royal decree whereby, in general, it is established that the referrals to Council Regulation (EC) No 1182/2007 of 26 September 2007 contained in the Royal Decree 1972/2008, of 28 November, on the recognition of producer organisations for fruit and vegetables, are to be understood as being made in Council Regulation (EC) No 1234/2007 of 22 October 2007.
Royal Decree 864/2008 of 23 May on funds and operational programmes of the fruit and vegetable producer organisations, developed at national level the necessary arrangements for programmes and funds according to the new Community legislation.
The first year of application of the new legislation has shown the need to amend certain aspects which were included in Royal Decree 864/2008 of 23 May, either by amendment of the Community legislation itself, or for clarification needs. While these are not profound changes, for security and legal clarity the publication of a new royal decree is convenient.
Moreover, the Community rules require Member States to regulate the actions eligible under the operational programmes. For legal certainty, it is necessary for such a list to be established in a standard, and therefore included as an annex in the royal decree
Since the reform of the CMO allows the operational programmes approved under the previous regulations to be maintained until their completion in accordance with the said regulations, which can be extended until 2012, to temporarily maintain some articles of Royal Decree 16/2006 of 20 January on funds and operational programmes of fruit and vegetable producer organisations as a legal framework for such programmes.
Finally, it is necessary to establish transitional provisions that continue to allow for an appropriate passage between the old and the new regulations.
Finally, the Minister for the Environment and the Rural and Marine Environment should be empowered to amend the list of measures, actions, actions, investments or concepts of expenditure, provided that such modifications are found online. with Community legislation, since this is a dynamic list.
On the other hand, it is necessary to amend the Royal Decree 1972/2008 of 28 November on the recognition of producer organisations for fruit and vegetables, in order to detail certain aspects relating to recruitment activities of producer organisations with other entities.
This basic regulation has been chosen by means of a royal decree due to the markedly technical nature of it, and its frequent modification on the basis of the Community rules, in accordance with the case law of the Court of Justice. Constitutional.
In the elaboration of this royal decree, the autonomous communities and representative entities of the sectors affected have been consulted.
In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 31, 2009,
DISPONGO:
CHAPTER I
General provisions
Article 1. Object and scope of application.
1. This royal decree lays down the basic rules as regards the funds and operational programmes under development of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and establishing a common organization of the market in agricultural products. lay down specific provisions for certain agricultural products (Single CMO Regulation) and Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of the Regulations (EC) No 2200/1996, (EC) No 2201/1996 and (EC) No 1182/2007 of the Council in the field of fruit and vegetables.
2. This royal decree shall apply to producer organisations recognised in accordance with Article 125b and Article 20a (2) of Regulation (EC) No 1234/2007 of the Council of 22 October, as well as to the associations of producer organisations recognised in accordance with Article 125c and Article 203a (2) of that Regulation (EC) No 1234/2007.
Article 2. Definitions.
For the purposes of this royal decree the following definitions are set:
(a) "Competent Authority" shall be the body designated by the Autonomous Community where the registered office of the producer organisation is based, or the associations thereof.
(b) "Filial": Within the framework of the definition set out in Article 21.1 (b) of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and for the purpose of calculating the value of the marketed production to the 'VPC' means any legal entity which is constituted or which is constituted for the purpose of the marketing of fruit and vegetables either as a fresh product or after its processing. by one or more producer organisations, associations of producer organisations or by the own subsidiary.
The subsidiary may perform this marketing either after a firm sale of the products of the producer organisation or through a service contract with the producer organisation or after the disposal or delivery of the products.
c) "Measure": A set of actions that can be included in an operational program. The eligible measures in these operational programmes are set out in Annex X to this Royal Decree.
d) "Action": Set of actions in which a measure can be divided.
e) "Take Action": Set of investments and expense concepts that can be split into an action.
f) "Investments and concepts of expenditure": Identifiable physical and budgetary units in which a performance can be divided.
(g) "National guidelines for environmental actions": Instructions for the elaboration of the specifications for environmental measures referred to in Article 103f of Regulation (EC) No 2392/2001 Council Regulation (EC) No 1234/2007 of 22 October 2006 and Article 58 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
h) "Specific costs": Conventional costs, calculated as the difference between traditional costs and costs actually incurred in accordance with Annex VIII to Regulation (EC) No 1580/2007 Commission, of 21 December.
CHAPTER II
Value of marketed production
Article 3. Definition and calculation.
1. VPC shall be understood as the accounting value of the production of the members of the producer organisation, which are discharged in the reference period for which it is recognised, calculated in accordance with Article 52 of the Commission Regulation (EC) No 1580/2007 of 21 December 2007 and this Chapter and of the production marketed by that organisation in the said period which has been produced by members of other producer organisations in accordance with Article 125a (2) (b) and (c) of Council Regulation (EC) No 1234/2007.
2. Where, pursuant to Article 1212a (2) of Council Regulation (EC) No 1234/2007 of 22 October, a producer organisation authorises its partners to place on the market through another organisation, a product must be comply with:
(a) That product must be marketed in its entirety by other producer organisations, and never for which it carried out the authorisation.
(b) The authorised partner must place the entire quantity of that product on the market through a single producer organisation.
3. The amount of the products sold shall be justified by the contribution of the relevant accounting documentation to the credit under the conditions laid down in Article 52 of Commission Regulation (EC) No 1580/2007 of 21 December 2001. 2007, referred exclusively to products for which the producer organisation is recognised, from the producer partners themselves or from partners of other producer organisations which comply with the provisions of paragraph 2 of the (a) this Article and, where appropriate, by deducting the amounts referred to in Article 6 of the present royal decree. The production of the producer partners may be included in the production of the producer organisation itself.
In the event that the organization does not have differentiated accounts of the sales amounts of the products of its members, partners of other organizations, and the sales of products purchased from third parties, the entity must justify the method by which it has obtained the value corresponding to the products of the partners and partners of other organizations.
In addition, in case the organization does not have a contachably differentiated amount of sales exclusively related to products for which it is recognized, the entity must justify the method by which it has obtained the value corresponding to the products for which the producer organisation is recognised and that of the other products.
All accounting entries shall be backed by invoices issued in accordance with Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the invoicing obligations and amending the Value added tax rules and, where these are not payable, by signed receipts, bank statements or other supporting documents showing sufficient evidence of the amounts received from the sale of products, which must be be submitted, at the request of the Administration, for the verification referred to in paragraph 3.
4. The amount referred to in paragraph 1 shall be verified before the deadline for payment of the relevant Community aid to the operational fund referred to in Article 71 of Regulation (EC) No 1580/2007. of the Commission of 21 December 2007.
5. The value of the by-products referred to in Article 52.3 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 may be included in the value of the production marketed under the same conditions of paragraph 2 3. of this Article.
6. For the purposes of Article 52.8 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, the value of the marketed production may be included in the value of the production of insurance on the production of goods, virtue of:
a) Polices hired, as a policyholder, by the producer organisation.
(b) Applications formalised by the partners, to collective policies, provided that they have designated their producer organisation as the beneficiary of the compensation.
7. If the production is marketed through a subsidiary or a producer organisation association (hereinafter AOP), the value of the marketed production may be calculated at the subsidiary or association stage, provided that it is calculated in accordance with Article 4 of this royal decree.
The subsidiary/AOP must have documentation to justify the value that has been included in the VPC of the producer organisation.
8. The value of the first processing referred to in Article 52.6.a of Commission Regulation (EC) No 1580/2007 of 21 December 2007 may be included in the VPC, whether the first processing has been directly by the PO, or, where appropriate, by the AOP, as if the processing activity has been outsourced in accordance with Article 6 (4) and (5) of the Royal Decree 1972/2008 of 28 November on the recognition of Fruit and vegetable producer organisations.
Article 4. Calculation of the VPC at the exit stage of the subsidiary and the association of producer organisations and documentation to be submitted.
1. The producer organisation which markets a fresh or processed product through a subsidiary may calculate the corresponding part of its VPC at the exit of the subsidiary provided it is a shareholder of the subsidiary and at least 90% of the capital of that subsidiary is in the possession of one or more producer organisations or AOPs or in the possession of one or more members of producer organisations or AOPs which are cooperatives.
2. The producer organisation wishing to calculate the corresponding part of its VPC at the exit of the subsidiary or the AOP shall communicate its intention to calculate the value of a given product at the exit of a subsidiary or of AOP in its VPC and commit to include such value in the subsidiary exit phase throughout the period of the operational programme, except in cases of force majeure. In the case of a product of dual fitness for fresh and processed, the value of the fresh product may be counted as an OP output while the value of the processed product may be counted as a subsidiary/AOP, if applicable.
This communication and commitment should be provided at the time of the presentation of the first year of a new operational programme, as set out in Articles 13 and 14 of this royal decree. However, in the event of a subsidiary or AOP being established or recognised during the development of an operational programme, the OP or AOP may provide this communication and commitment at the time of the presentation of the operational fund of the following year. that entity has been constituted.
3. The producer organisation wishing to calculate the corresponding part of its VPC at the exit of the subsidiary or the AOP shall provide the following documentation together with the commitment set out in paragraph 2 of this Article:
a) Data of the activities that they carry out with the producer organisation, either by hiring or after the firm sale of the production.
(b) Statement of the subsidiary or AOP in which it undertakes to allow the physical and administrative checks to be carried out by the competent authority to verify the value of the value of the marketed production and the ownership of the share capital in the case of the subsidiary.
c) In the case of the AOP, name and number of recognition and CCAA where it has its registered office.
d) In the case of the subsidiary: CIF, Name, Address, Postal Code, Municipality according to the National Institute of Statistics, Province, Autonomous Community, Member State, Telephone, Fax, Email, Legal Form, Owners of social capital with its corresponding participation in the entity.
Any changes to this information must be communicated to the competent authority. This change may consist of the communication of new creation subsidiaries or AOPs through which the OP or the AOP intends to market and to whose output the VPC intends to calculate.
4. Annually and together with the documentation referred to in Article 10 of this royal decree, the producer organisation shall present the following documentation:
(a) Certificate of the value of the marketed production of the subsidiary or AOP, corresponding to the production provided by the producer organisation, and the method of calculation of that value.
b) Report of the audit of the certificate and the method of calculation of the previous paragraph, carried out by external auditors, which must be entered in the Official Register of Auditors of the Accounting Institute and Audit of Accounts or other equivalent Community or other country registration in case the audit has been carried out outside the European Union.
Article 5. VPC in case of mergers of producer organisations.
In the case of mergers or removals of producer organisations and in the event that a second or subsequent entity is recognised as a producer organisation, preceded by the loss of the rating as the organisation of the producers of the entities associated with the second or subsequent grade, even if they maintain their legal personality, the VPC shall be the sum of the VPCs of each of the organisations of origin.
Article 6. Reductions to be applied for the calculation of the VPC.
1. The value of the production invoiced, marketed by the producer organisation, by the subsidiary or AOP, shall be subject to the following reductions:
(a) The amount of transport costs, of goods packaged and prepared for sale, paid to third parties listed in the accounts of the entity.
b) The amount of professional services of commission agents and independent mediators in sales.
c) The amount of early payment discounts.
d) The amount of sales returns.
e) The amount of rappels and discounts applied to sales operations.
(f) The amount equivalent to the cost of depreciation and use of own means for the transport of packaged goods and prepared for sale, if any.
g) The amount equivalent to the cost of carrying out a second or subsequent processing of the products carried out by the producer organisation itself, where appropriate.
(h) The cost of transport between the product packaging centre and the outlet through the subsidiary, provided that the distance between the two points is important, in the opinion of the competent authority, in the event of calculate the value of the marketed production at the stage of the subsidiary exit.
i) Where appropriate, the value of the production of the partners which has been marketed through another producer organisation, in accordance with Article 3 (2) of this Royal Decree.
In order to be able to apply the reductions provided for in paragraphs (a), (b), (c), (d) and (e), it is necessary that the corresponding amounts are previously accounted for and that the reduction is carried out in line with the respective reductions. accounting entries.
2. In the producer organisations located in the Canary Islands and Balearic Islands the cost of the internal transport between the packing centre and the distribution centre of those organisations when it is located at the ports of departure, shall form part of the VPC.
Article 7. Reference period.
1. The reference period for determining the VPC shall be the last annual accounting period, completed and approved by the competent organ of the producer organisation before 1 August of the year in which the amount of the fund is reported operation.
2. Where the value of some or some of the products undergoes a reduction for reasons other than the responsibility and control of the producer organisation, the value of the marketed production shall be calculated in accordance with the rules contained in the preceding Articles, provided that the resulting value is not less than 65 per 100 of the value of the previous reference period. Where such value is lower than the percentage quoted, the producer organisation may consider the value of that product or products for the marketing year concerned and for the purposes of the application of the operational fund, the corresponding to the average of the previous two campaigns or the previous campaign if there is only this one.
The option for one of these two alternatives for fixing the amount of the reference values shall be made at the request of the producer organisations at the time of the communication referred to in Article 10 of this Regulation. royal decree accompanied by the documents referred to in paragraph B (3) of Annex I to this royal decree.
CHAPTER III
Operational Funds
Article 8. Management.
The management of the operational funds shall be carried out by means of financial accounts managed by the producer organisation in which the accounting of each transaction is carried out in such a way that each accounting expenditure and revenue, including, where appropriate, payments and credits, relating to the operational fund may be identified. Payments and credits to the operational fund may be made through one of the following two alternatives:
a) By using a single, unique bank account for operational fund management.
(b) By means of bank accounts of the non-exclusive producer organisation for the operational fund in such a way that each payment and payment relating to it can be identified and is the subject of annual certifications by external auditors, which shall be entered in the Official Register of Auditors of the Accounting and Audit Institute of Accounts or in another Community equivalent register.
Article 9. Constitution and funding.
1. The establishment of the operational funds, as well as their form of financing, shall be approved by the general assembly of the institution, or the section if the institution is organised in sections, or by an equivalent body, according to the personality legal status of the producer organisation.
2. The form of financing of operational funds shall be established by producer organisations in accordance with Article 55 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 10. Information and documentation to be submitted annually.
The producer organisations shall communicate to the competent authority by 15 September at the latest, at the same time as they submit, where appropriate, the draft operational programmes or the requests for amendment of the the information and documentation contained in Annex I to this royal decree.
Article 11. Financing of withdrawals.
The amount of the operational fund for the financing of withdrawals complying with the provisions of Annex X to this Royal Decree for Action 6.1., it shall take into account that the unit amounts of the aid shall be withdrawals, which include both Community participation and the contribution of the producer organisation, may not exceed:
(a) In the case of products listed in Annex X to Commission Regulation (EC) No 1580/2007 of 21 December 2007, the maximum amounts fixed in that Annex.
(b) In the case of products not listed in Annex X, the maximum amounts set out in Annex II to this royal decree.
Article 12. Financing of green harvesting operations and non-harvesting.
The amount of the operational fund for the financing of non-harvesting or green harvesting operations that comply with the provisions of Annex X to this Royal Decree for Action 6.2 shall be taken into account the unit amounts of compensation for these operations, including both the Community contribution and the contribution of the producer organisation, shall not exceed the maximum amounts per hectare set out in Annex III to this Regulation. this royal decree.
CHAPTER IV
Operational Programs
Article 13. Presentation.
1. Producer organisations shall submit, for approval, draft operational programmes to the competent authority by 15 September of the year preceding the start of their implementation at the latest.
2. Entities grouping fruit and vegetable producers and submitting a request for recognition as a producer organisation pursuant to Council Regulation (EC) No 1234/2007 of 22 October may submit simultaneously, an operational programme project for approval. However, their approval shall be conditional upon obtaining recognition prior to the deadline for the approval of the operational programmes.
Article 14. Format and content.
1. The submission of operational programme projects shall be carried out in a single document, adjusted to the structure set out in Annex IV to this royal decree.
2. Draft operational programmes shall be accompanied by at least the documentation described in Annex V to this royal decree.
3. The content of the operational programmes shall be adapted to the requirements set out in Annex X to this Royal Decree as regards eligibility and the limits of expenditure by measures.
4. Operational programs will contain:
(a) Environmental actions as referred to in the national guidelines for environmental actions so that expenditure on these actions is at least 10 per cent of the total expenditure of the operational programme; or either,
(b) Two or more environmental actions as referred to in the national guidelines for environmental actions.
However, in the event that at least 80 percent of the producers associated with the producer organisation are subject to two or more identical agri-environmental commitments under Regulation (EC) No 1698/2005 of the Council of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development, the requirement of the previous paragraph shall be fulfilled. The producer organisation shall provide the necessary documentation to justify the submission of the producers to these undertakings.
5. The actions, investments and expenditure concepts eligible under the operational programmes may be carried out on the holdings of the producer organisations or their members, the AOP or its members recognised as OPs, or of a subsidiary which complies with the provisions of Article 52.7 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. In the event that one of the members of an OP is a legal entity composed of producers, the actions, investments and concepts of expenditure may be carried out both at the premises of that legal entity and on the holdings of these producers.
Article 15. Research and experimental production.
Research and experimental production as a measure of the operational programme can only be approved when a protocol is presented on experimentation to be carried out to justify the novelty of the programme and the risk involved, and are available to qualified personnel to take care of it.
Such a protocol shall be valued by a public research centre or equivalent body in the judgment of the competent authority.
However, the corresponding expenditure may not be assumed annually more than 30% of the amount of the operational fund approved and effectively implemented, except in the case of associations of producer organisations or common actions of producer organisations in which no limit is set.
Eligible actions within this measure will be those set out in measure 4 of Annex X to this royal decree.
Article 16. Specific costs.
1. Personnel costs resulting from the implementation of measures to improve or maintain a high level of quality or environmental protection, or to improve the level of marketing, may:
a) Justified by actual expenses.
(b) To be expressed as a lump sum which shall not exceed 14 per cent of the total amount of the approved operational fund. In this case, the tasks to be carried out by the staff concerned must be specified and the development of such tasks must be justified in order to be able to receive Community aid. The lump sum shall comprise all expenditure on staff corresponding to quality, environmental protection and marketing.
In case a producer organisation participates in a partial operational programme, the limit of 14 per cent will apply only to the approved operational fund of the programme to be run directly by the organisation.
The options described in the preceding paragraphs will be exclusive.
2. The cost of environmental management of the recyclable and reusable packaging referred to in the third indent of paragraph 1 of Annex VIII to Commission Regulation (EC) No 1580/2007 of 21 December 2007 may be included as a cost concept in operational programmes as set out in the guidelines for environmental actions and limited to 20 per cent of the approved operational fund.
For the types of eligible packaging set out in the national guidelines for environmental actions whose environmental management is included in an operational programme, the cost of such management shall be included as an amount to a lump sum equal to 6,9 per cent of the cost of purchase or hire of such packages.
3. The cost of using plant grafted plant may be included as a concept of expenditure in the operational programmes as laid down in the guidelines for environmental actions and limited to 35 per cent of the operational fund. approved.
4. The part of the approved operational fund, for all the specific costs referred to in paragraphs 1 (b), 2 and 3 of this Article, shall not exceed 50% of the total cost of the operational fund.
5. The use of oxobiodegradable and biodegradable plastics may be included as a concept of expenditure in operational programmes as a lump sum equivalent to 35 per cent of the cost of such plastics.
6. The specific costs relating to the environmental measures and to the integrated and organic production referred to in Annex VIII.1, third and fourth indent respectively of Commission Regulation (EC) No 1580/2007 of 21 December 2000. 2007 may:
(a) duly justified by actual specific expenditure, in accordance with the national guidelines for environmental actions.
(b) To be expressed as a lump sum which may not exceed the amounts set out in the national guidelines for environmental actions.
The options described in the preceding paragraphs will be exclusive.
7. The limits to the specific costs laid down in this Article shall also apply to the operational fund actually implemented at the time of submission of the application and the payment of the aid referred to in Articles 70 and 71 of the Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 17. Additional external costs.
The inclusion of additional external costs arising from the completion of maritime or rail transport in replacement of road transport will be conditional on the justification for transport to be carried out. by road in previous campaigns and the justification of the difference in costs.
Article 18. Treatment of operational programmes submitted by producer organisations resulting from an absorption or of second or subsequent grade entities which have been recognised as a producer organisation.
For the purposes of the application of Article 103d (3) (e) of Council Regulation (EC) No 1234/2007 of 22 October, the operational programmes submitted by producer organisations resulting from an absorption or submitted by institutions of second or subsequent grade which have been recognised as producer organisation, after loss of the qualification of producer organisations of the entities being absorbed or associated with the second or subsequent grade, have the same treatment as those submitted by producer organisations resulting from a merge.
Article 19. Amendments to operational programmes relating to annuities not started.
1. Each year, producer organisations may apply to the competent authority not later than 15 September of the preceding year for the amendments to be applied from 1 January of the following year.
2. The amendments to be approved by the competent authority shall be as follows:
a) Inclusion and suppression of measures, actions, investments or spending concepts.
b) Extension of the duration of the program, up to a total of five years.
c) Reduction of the duration of the programme, subject to the total duration being at least three years.
d) Change of location or holders of approved investments or actions.
(e) Adelanto or delay in the execution or financing of approved actions, actions, investments or expenditure concepts, including the transfer of funding to a subsequent operational programme, where the period of depreciation of the same is higher than the duration of the programme, is economically justified, and the tax depreciation period is more than five years. In any case, the funding will be made after the actions are implemented.
f) Change in the budget of the approved actions.
g) Form of financing or management of operational funds, including, where appropriate, the specific bank account change.
(h) Increase in the Community funding rate from 50% to 60% if one of the cases referred to in Article 103d (3) of Council Regulation (EC) 1234/2007 of 22 October is given.
i) Relevant modification of the programme, where substantial changes in the market situation or the producer organisation itself are in place, in the opinion of the competent authority.
(j) Fusion of programmes in operation, motivated by the merger or absorption of producer organisations or by recognition of a second or subsequent entity as a producer organisation, preceded by the loss of the qualification of the producer organisation of the entities associated with the second or subsequent grade. The resulting operational programme shall be between 3 and 5 years and shall begin to run on 1 January of the year following the merger, absorption or recognition of the second or subsequent entity.
However, the producer organisation resulting from such a merger, absorption or constitution of another entity of a second or a later degree shall execute the pre-approved operational programmes to the base institutions until on 31 December of the current year, and carry out the implementation of the new operational programme on 1 January of the following year.
k) Any changes in order to adapt to changes in the national guidelines for environmental actions, in Annex X to this Royal Decree, or in Commission Regulation (EC) No 1580/2007 of 21 December of 2007.
The producer organisation must adapt its operational programme to the new national guidelines for environmental actions or to the new Annex X of this royal decree as a modification for the year following the year in the new version has been published.
3. Requests for amendments shall be accompanied by at least the documentation contained in Annex VI to this Royal Decree.
Article 20. Modifications of the operational programs during the current annuity.
1. During the current year, producer organisations may make the following amendments affecting the annuity of the programme, provided that the conditions laid down in paragraph 2 of this Article are met:
(a) Partial execution of the annuity of the operational programme, which means that no or all of the measures, actions, actions, investments or concepts of expenditure referred to in the actions are fully or partially developed approved, provided that the resulting operational programme meets the same requirements as were required for approval and that the final operational fund is equal to or greater than 60 percent of the initial approval.
(b) Delay or delay in the execution or financing of approved actions, actions, investments or expenditure concepts. In any case, the funding will be made after the actions are implemented.
c) Change in the budget of approved actions, investments or expenditure concepts, taking into account that the change in the budget of the actions, investments or concepts of expenditure is not considered to be modified if the Total budget of the action in which they are framed does not experience a variation of more than 25 per cent.
d) Location changes or approved investment or action holders.
e) Extension of the duration of the programme, up to a maximum total duration of five years. In this case, the producer organisation shall request the approval of the new annuities of the resulting operational programme no later than the date provided for in Article 66.1 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. December 2007, and report to the competent authority the amount of the operational fund for the following year at the latest by the date provided for in Article 56 of that Regulation.
(f) Reduction of the duration of the approved operational programme, subject to the total duration being at least three years and the resulting operational programme continuing to meet the conditions laid down in Article 103c of the Council Regulation (EC) No 1234/2007 of 22 October.
g) The form of financing or management of the operational fund, including in your case the specific bank account change.
(h) Increase in the amount of the operational fund within the limit of 25% of the initial approval provided that the ceiling for Community aid is not exceeded by the establishment of that fund, as set out in Article 103 Council Regulation (EC) No 1234/2007 of 22 October
.Producer organisations may extend the investments or expenditure concepts foreseen for their implementation in the year, forward those planned for later years, provided that the limits and conditions laid down are respected. in Council Regulation (EC) No 1234/2007 of 22 October 2000.
(i) Fusion of programmes in operation, motivated by the merger or absorption of producer organisations or by recognition of a second or a later entity as a producer organisation, preceded by the loss of the qualification of the producer organisation of the entities associated with the second or subsequent grade. The resulting operational programme shall be between 3 and 5 years and shall begin to run at the time when the merger, absorption or recognition of the second or subsequent grade entity has been carried out.
In case this paragraph applies, the amount of the new operational fund will be limited to the sum of the operational funds already approved, with a 25 percent increase.
j) Inclusion and deletion of investments or concepts of expenditure within the framework of approved actions. The change in the technical characteristics of a given investment shall not be considered to be modified.
k) Inclusion of the measure, actions, actions and investments or expenditure concepts as set out in measure 6 of Annex X to this Royal Decree, for crisis prevention and management and for actions and actions set out in the national guidelines for environmental actions.
(l) Any changes made in order to adapt to changes in the national guidelines for environmental actions, in Annex X to this Royal Decree or in Commission Regulation (EC) No 1580/2007 of 21 December 2007. December, in the year in which those amendments have been made.
In the case of national guidelines for environmental actions, modifications may be made as of the date of approval by the European Commission of the new version.
m) Replacing a performance by another within the same action, when a performance cannot be performed by exceptional circumstances beyond the OP.
2. The amendments contained in points (a) and (i) of the preceding paragraph, and those of point (j) which result in the abolition of investments or concepts of expenditure, may be carried out without prior authorization provided that they are notified by the producer organisation to the competent authority for the approval of those amendments at least 15 working days prior to its implementation.
The amendments referred to in point (j) involving the inclusion of new investments or expenditure concepts and (k), (l) and (m) of the previous paragraph shall require prior approval by the competent authority, and therefore, it must be approved prior to its implementation, the fax being accepted for that purpose, specifying, where appropriate, the actions whose budget may be reduced.
The modifications referred to in point (j), once approved, shall not be subject to further modification of inclusion or deletion during the current annuity.
3. In addition to the communications and applications referred to above, producer organisations shall make a summary communication with all such amendments, not later than 31 December, before the competent authority.
That authority shall adopt a decision on the same authority by 15 February of the following year at the latest.
4. Requests for amendments shall be accompanied, at least, by the documentation contained in Annex VI to this Royal Decree.
Article 21. Approval of amendments to the operational programmes referred to in Articles 19 and 20.
In order for the requested modifications to be approved by the competent authority, the following conditions must be met:
a) Have been submitted within the deadlines set for this purpose.
(b) The resulting programme, once the amendments have been included, shall comply with Article 103c of Council Regulation (EC) No 1234/2007 of 22 October.
(c) Haber has been approved by the general assembly of the institution, or the section if that entity is organized in sections or similar body competent of the producer organisation or, by the body in which it has delegated the function, explicitly reflected in the amendments to the relevant body's minutes.
However, the amendments referred to in Article 19 (2) (g) of this Royal Decree and in Article 20 (1) (g) of this Royal Decree shall require approval. prior to the general meeting of the producer organisation or the section if such an entity is organised in sections or equivalent body according to its legal personality.
d) To be accompanied by the documentation and information contained in Annex VI of this royal decree.
e) In the case of modifications during the current year requiring prior authorization, the resolution shall be adopted within 15 calendar days following receipt of the request. The absence of such a resolution within that period shall mean that it is approved, provided that the provisions of Article 20 of this royal decree are complied with and that:
1. The amount of the operational fund for the current year, after the approval of all the modifications submitted during that year does not exceed 25 percent of the initially approved.
2. The limits laid down in Article 103d of Council Regulation (EC) No 1234/2007 of 22 October shall be respected.
3. The reduction, where appropriate, of the implementation of actions shall respect the achievement of the objectives referred to in Article 103c (1) of Council Regulation (EC) No 1234/2007 of 22 October and the operational fund resulting is equal to or greater than the initially approved 60%.
4. In the case of the amendments referred to in Article 20 (1) (j), (k), (l) and (m), new investments or concepts of expenditure, or actions or actions where appropriate, are eligible under the terms of the listed in Annex X to this Royal Decree and in Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 22. Destination of refunds from partners who cause low in producer organizations.
1. The producer organisations shall, at the time of the notification of the amount of the operational fund for the following year, communicate the amount of reimbursements made by the members of their organisation, on the grounds that they have (a) a reduction in the amount of the aid, and investments in its holdings within the framework of the operational programmes.
2. These amounts will have the following destination:
(a) 50% shall be made available to the producer organisation concerned.
b) The remaining 50% shall be reintegrated by the producer organisation to the paying agency referred to in Royal Decree 2320/2004 of 17 December governing certain powers in respect of the Community economic aid to producer organisations which constitute an operational fund, as a Community aid refund.
CHAPTER V
Partial operating programs submitted by producer organization associations
Article 23. Authorisation of the submission of partial operational programmes by associations of producer organisations.
An association of fruit and vegetable producer organisations may submit partial operational programmes if the following conditions are verified:
a) The association of producer organizations is recognized according to the current regulations.
(b) Partial operational programmes shall contain only measures, shares, investments and expenditure concepts which are set out in Annex X to this Royal Decree. These programmes shall not involve investments in environmental management costs of recyclable or reusable packaging that are not part of an experimental action.
Possible crisis prevention and management actions undertaken by the association will be specified and accounted for by the producer organisations in their operational programmes for the purposes of the limit established by the Article 103c (2), second subparagraph, and Article 103d (2), second subparagraph of Council Regulation (EC) No 1234/2007 of 22 October.
Article 24. Submission and approval of partial operational programmes by associations of producer organisations.
1. The associations of producer organisations shall submit to the competent authority the draft partial operational programmes for approval within the time limit laid down in Article 13 (1) of this Royal Decree.
2. Producer organisations shall request the amendment of their operational programmes pursuant to Article 19 (1) of this Royal Decree, or, where appropriate, the approval of their operational programmes, pursuant to paragraph 1 of this Article. Article 13 of this Royal Decree, in order to include in those operational programmes its participation in the partial operational programme.
3. The presentation referred to in paragraph 1 of this Article shall be made by means of a communication which shall comply with the provisions of Annexes VII and VIII to this Royal Decree.
4. The competent authority shall communicate to the associations of producer organisations the resolutions concerning the approval of its partial operational programmes before the date referred to in Article 65.2 of Regulation (EC) No 1580/2007. Commission of 21 December 2007.
5. The resolution of approval of the partial operational programme shall be subject to the approval of the individual operational programmes of the participating producer organisations, or in their case the modification of the operational programmes. The annual amounts for the partial operational programme shall be included in the individual operational programmes.
The decisions of the individual operational programmes shall include the annual amount corresponding to the participation in the partial operational programme.
In the event that some or some of the above individual operational programmes are not approved, the partial operational programme will be adapted accordingly as an amendment to the current year in such a way as to remain in the other individual operational programmes the initially intended amounts of participation in that partial operational programme.
Article 25. Financing and implementation of the partial operational programmes.
1. The association of producer organisations shall, by 15 September of each year at the latest, communicate to the competent authority the amount of the annuity of the partial operational programme to be applied during the following year. Such communication shall contain the following elements:
a) Intended contribution in absolute value and relative value of each participating producer organisation.
b) Justification of the calculation of the amounts of such contributions. To this end, the association of producer organisations shall send to the competent authority a certificate from the secretary of the association stating that the contributions have been approved by the general assembly of the association or section if the entity is organised in sections, or equivalent body depending on its legal personality, as well as the calculation made.
2. The annual contributions of producer organisations to the financing of the partial operational programme shall be from the operational funds approved to the producer organisations for the relevant annuities and shall be managed in a unique and unique bank account in the name of the association. For this purpose, the operational programmes of producer organisations shall include a measure or action called the "partial operational programme of the Association .............".
3. As regards the inclusion of the experimental research and production measure, or of the specific or additional costs in the partial operational programmes, Articles 15, 16.4, 16.5 and 17 of this royal decree shall apply mutatis mutandis.
Article 26. Amendments to the partial operational programmes concerning annuities not started.
1. Each year, within the time limit laid down in Article 66.1 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, associations of producer organisations may request, before the competent authority, the amendments on partial operational programmes approved by that authority, which shall apply from 1 January of the following year.
2. To this end, producer organisations shall request the amendment of their operational programmes, pursuant to Article 19 (1) of this Royal Decree, or, where appropriate, the approval of their operational programmes, by virtue of the Article 13 (1) of this Royal Decree, which shall provide for the modification of the partial operational programme.
3. The amendments referred to in paragraph 1 of this Article shall be as follows:
(a) Those referred to in points (a), (b), (c), (f) and (k) of Article 19 (2) of this Royal Decree.
b) Location changes of the performances or investments. In this respect, the new geographical identification must be provided through the SIGPAC system of investments.
(c) Form of financing of the partial operational programme as described in Article 25 (1) of this Royal Decree. In this case, the information described in points (a), (b) and (c) of that paragraph shall be provided.
(d) Calendars for the execution or financing of investments or expenditure concepts in the framework of the duration of the partial operational programme.
4. The approval of the amendments requested pursuant to paragraph 2 of this Article shall be subject to:
(a) The request by the producer organisations participating in the partial operational programme, of the corresponding inclusion in its individual operational programme.
b) Approval by the competent authority of such inclusion.
5. In the event that some or some of the above individual operational programmes were not approved, or where the amendment was not approved, the partial operational programme would be adapted accordingly as an amendment to the current year of the year. the amounts initially intended for participation in the partial operational programme to be maintained in the other individual operational programmes.
Article 27. Modifications to the partial operational programmes during the current annuity.
1. During the current year the associations of producer organisations may make the following amendments affecting that annuity of the partial operational programme, subject to the conditions laid down in paragraph 2 of this Article. Article:
a) Adelanto or delay of the execution of the approved actions, actions, investments and/or concepts of expenditure.
b) Modification of the budget of approved performances, investments or spending concepts provided that the total amount of the partial operational program is not varied.
c) Location changes for approved performances, investments, or spending concepts. In this respect, the identification of the same must be provided through the SIGPAC system.
d) Inclusion of new investments or spending concepts in previously approved actions, provided that the total amount of the partial operational program is not varied. The change in the technical characteristics of a given investment shall not be considered to be modified.
(e) Inclusion of the measure, actions, actions and investments or expenditure concepts set out in measure 6 of Annex X to this Royal Decree, for crisis prevention and management and for actions and actions set out in the national guidelines for environmental actions.
(f) Changes in adaptation pursuant to the last subparagraph of Article 24 (5) and Article 26 (5) of this Royal Decree.
g) Any changes made in order to adapt to changes in the national guidelines for environmental actions, in Annex X to this Royal Decree or in Regulation (EC) No 1580/2007 in the year in which they were amended modifications have been incorporated.
In the case of national guidelines for environmental actions, modifications may be made as of the date of approval by the European Commission of the new version.
h) Replacing a performance by another within the same action, when a performance cannot be performed by exceptional circumstances beyond the AOP.
2. The amendments referred to in points (a), (b), (c) and (f) of paragraph 1 of this Article may be made without prior authorization provided that they are communicated by the association of the producer organisation to the authority which approved the partial operational programme 15 working days before implementation.
The amendments referred to in points (d), (e), (g) and (h) of the previous paragraph shall specify the prior approval by the competent authority and shall therefore be requested for approval before execution, with the approval of the Fax for this purpose, specifying, where appropriate, actions whose budget may be reduced.
3. In addition to the communications and applications referred to above, the associations of producer organisations shall make a summary communication of these amendments by 31 December at the latest, before the authority which approved the programme. The competent authority shall, by 15 February of the following year, issue a resolution containing the annuity of the partial operational programme resulting from the amendments which, if necessary, are adopted.
Article 28. Approval of amendments to the partial operational programmes set out in Articles 26 and 27.
For the requested modifications to be approved, the following conditions must be met:
a) Have been submitted within the deadlines set for this purpose.
(b) The operational programmes resulting from each of the producer organisations participating in the partial operational programme shall, without taking into account the partial operational programme, be maintained as set out in the Article 103c of Council Regulation (EC) No 1234/2007 of 22 October.
(c) Haber has been approved by the general assembly of the institution, or the section if that entity is organized in sections or similar body competent of the association of producer organisations or by the body in which it is delegated this function. The amendments referred to in Article 26 (3) (c) and in Article 27 (1) (e) of this royal decree shall require prior approval by the general assembly of the institution or of the section whether that entity is organised in sections, or equivalent body, in the light of its legal personality, the association of producer organisations.
(d) To be accompanied by supporting documents setting out the reasons, nature and consequences of such reasons, in accordance with Article 66.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2001. 2007.
CHAPTER VI
Coordination between stand-alone communities
Article 29. Coordination in the approval and control of operational programmes and their modifications.
1. Where the scope of producer organisations is higher than that of an autonomous community, those producer organisations shall submit to the competent authorities as many copies of the operational programme as autonomous communities. Territorially involved in the actions of the same.
2. Within 30 days of the date referred to in Article 14 (1) of this Royal Decree, the competent authority in the approval of this operational programme may require the competent authorities of the Community to (a) the information necessary to carry out the decision referred to in Article 65 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, as referred to in the previous subparagraph; In particular, this information may refer to:
(a) In the case of investments in the operational programme, the corresponding reports showing that these investments have not been initiated before the first of January following the presentation of the said programme operation.
(b) That such investments comply with the conditions laid down in Article 5.6 of Council Regulation (EC) No 1698/2005 of 20 September 2005. This, in respect of the corresponding Rural Development Programmes for each of the autonomous communities concerned, in particular as regards the criteria determining the source of financing for investments through development funds Rural or funds from the Common Organisation of the Fresh Fruit and Vegetables Market.
3. The competent authorities of the autonomous communities where the investments are made shall provide the information requested within 30 calendar days of receipt of such request.
Elapsed this time without the independent community competent for the approval of the programme having received this information, it shall be entitled to take the decision as appropriate.
4. For the purposes of checking and verifying the Community funds used in the operational programmes, and in particular as regards the control of double financing of investments, the competent authority shall communicate the approval of the operational programmes of producer organisations in the field of higher education than an autonomous community of the community or autonomous communities where the measures, actions and investments or concepts of expenditure are to be carried out specifying, where appropriate, the identification of the parcels by the SIGPAC system in which they are carried out the same, either common good or are carried out on holdings of individual partners, and in the latter case also indicating the name, social reason, DNI or NIF of the same.
5. The provisions referred to in paragraphs 1, 2, 3 and 4 of this Article shall apply to amendments to the operational programmes governed by Articles 19 and 20 of this Royal Decree.
Article 30. Coordination in the approval and control of partial operational programmes and their modifications.
1. The competent authority for the approval of the partial operational programme shall communicate to the competent authority or authorities for the approval of the relevant individual operational programmes of the producer organisations participating in the programme. partial operational programme the resolution of approval of the partial operational programme. This communication shall be made 30 days before the date referred to in Article 65.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
If the provisions of the last subparagraph of Article 24 (5) of this Royal Decree are applied, the competent authority for the approval of the partial operational programme shall communicate to the competent authority or authorities the approval of the corresponding individual operational programmes, the adaptation resolution of the partial operational programme. This communication shall be made within 30 days following the date referred to in the second paragraph of Article 65.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
2. In the absence of the communications referred to in the previous paragraph, the competent authority for the approval of the individual operational programmes may take the decision as appropriate.
3. The provisions referred to in the previous paragraph shall apply to amendments to the partial operational programmes governed by Articles 26 and 27 of this Royal Decree.
CHAPTER VII
Payment of help
Article 31. Submission of the aid application.
1. Producer organisations shall submit, for payment, the aid application to the competent authority within the time limit laid down in Article 70 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
2. Payments financed under the operational programme may be justified by invoices and documents which may be issued in the name of the members of the producer organisation in the case of payments for investments or concepts of expenditure. carried out on their holdings.
In the event that any of the members of an organisation is a legal entity composed of producers, the payments may also be justified by invoices and documents issued both in the name of that legal entity as in the case of such producers, in the case of payments for investments or expenditure concepts carried out on their premises or holdings.
3. Payments financed under the operational programme may be justified by means of invoices and documents which may be issued in the name of an association of producer organisations or a subsidiary, provided that the subsidiary complies with the requirements laid down in Article 1 (2) of Regulation (EU) No 62013. in Article 52.7 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, in the case of payments for actions, investments or expenditure concepts carried out on holdings owned by that association or subsidiary.
4. Applications for advance payments shall be submitted to the authority referred to in paragraph 1 of this Article, on the basis of a period of four months, during the months of January, May and September.
The minimum amount to be requested for the grant of advances will be a quarter of the approved operating fund's assistance.
The time limit for the payment of advances shall be two months from the full receipt of the application by the competent authority.
5. Producer organisations may submit applications for partial payments, up to 3 times a year, always before 31 October.
The minimum amount to be requested for partial payment will be a quarter of the approved operating fund aid.
The time limit for the payment of partial payments shall be three months from the full receipt of the request by the competent authority.
Article 32. Format and content.
1. The aid application shall be submitted in accordance with the model established by the competent authority, which shall contain at least the information set out in Annex IX to this royal decree.
2. The aid application must be accompanied by the documentation described in Annex IX to this royal decree.
Article 33. Controls.
1. The Spanish Agricultural Guarantee Fund, in collaboration with the autonomous communities, will draw up a national control plan.
The national control plan must include any aspect that is deemed necessary for the implementation of the controls, both administrative and on the ground, of the aid applications.
2. The autonomous communities will draw up regional control plans adjusted to the national plan. Regional plans must be communicated to the Spanish Agricultural Guarantee Fund.
3. It is for the competent authorities to be responsible for the controls of the aid covered by this royal decree. In cases where the controls are carried out by two or more autonomous communities, the authorities involved must establish the mechanisms for the best management of the same.
4. Without prejudice to any other provisions, no payment shall be made to any beneficiary where it is established that the beneficiary has artificially created the conditions required for the granting of such payments, with a view to obtaining an advantage. contrary to the objectives of the aid scheme.
Article 34. Operational programmes with transnational actions.
In the event that a producer organisation has in its operational programme transnational actions, together with its application for payment it shall submit to the competent authority of its autonomous community:
(a) Identification of producer organisations in the other Member States participating in transnational actions.
(b) Documentation showing that the producer organisations in the other Member States have not received aid for the same concepts for which the payment is requested by the Spanish producer organisation.
c) Where appropriate, non-starter minutes of the authorities that have approved the operational program.
Additional disposition first. Prevention and crisis management actions for producers who are not members of producer organisations.
The Ministry of the Environment, and the Rural and Marine Environment, will establish, where appropriate, the basis for the granting of aid to fruit and vegetable producers who are not members of a producer organisation for the the implementation of crisis prevention and management measures in accordance with Article 182 (6) of Council Regulation (EC) No 1234/2007 of 26 September.
Additional provision second. Adaptations of the references contained in the Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations to Community regulations
All the references contained in Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations to Council Regulation (EC) No 1182/2007 of 26 September 2007, are understood to be made to the corresponding Articles of Regulation (EC) No 1234/2007 of 22 October 2008 in the version given to it by Regulation (EC) No 361/2008 of 14 April 2008.
First transient disposition. Operational programmes approved under Regulation (EC) No 2200/1996 of the Council of 28 October establishing the common organisation of the market in fruit and vegetables and (EC) No 1433/2003 of 11 August 2003, laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes and funds and financial assistance.
Subject to the provisions of the last paragraph of the fourth transitional provision, producer organisations which have an operational programme approved under Council Regulation (EC) No 2200/1996 of 28 October 1996, and Commission Regulation (EC) No 1433/2003 of 11 August 2003 and having opted for the year 2008 to continue to apply the previous legislation until the end of the year, may only make the amendments affecting the annuity in the course of these programmes as set out in Article 18 of Royal Decree 16/2006 of 20 January 2006, on the funds and operational programmes of the fruit and vegetable producer organisations, with the exception of amendments requiring prior authorisation by the competent authority which are set out in that Article. These organisations will not be able to make modifications for successive years.
Second transient disposition. Calculation of the value of marketed production at the output of a subsidiary or AOP.
In the event that a producer organisation or AOP wishes to calculate the base VPC for the calculation of the support for the operational fund of 2010 and subsequent to the exit of a subsidiary or AOP and its operational programme has not been completed in 2009, and by way of derogation from the second subparagraph of Article 4 (2) of this Royal Decree, the PO or AOP shall submit the communication and the undertaking referred to in that Article at the time of the presentation of the operational fund for the annuity 2010.
Transitional provision third. Calculation of the value of marketed production in reference periods covering years prior to 2008.
Where the reference period provided for in Article 7 of this Royal Decree includes all or part of a year prior to 2008, the calculation of the value of the marketed production shall be carried out in accordance with the laid down in Chapter II of Commission Regulation (EC) No 1433/2003 of 11 August 2003 and in Chapter II of Royal Decree 16/2006 of 20 January 2003. However, the reference period shall be that laid down in Article 7 of this Royal Decree.
Transitional disposition fourth. Specific costs.
The limits set out in paragraphs 2 to 4 of Article 16 of this royal decree shall apply to the annuities of operational programmes from the year 2010.
However, the flat rate referred to in the second subparagraph of paragraph 2 shall be respected in all operational programmes from the annuity 2009, including those programmes which are in the situation described in the first transitional arrangement of this royal decree.
In 2009 and for these concepts, the limits set out in Article 16 (2) and (3) of Royal Decree 864/2008 of 23 May 2008 shall apply.
However, the operational programmes which are in the situation described in the first transitional provision of this royal decree, must comply with the provisions of Article 15 of Royal Decree 16/2006 of 20 January 2006. Derogation from the unit cost of 17 per cent for the cost of environmental management, subject to application of the second subparagraph of Article 16 (2) of this royal decree.
Single repeal provision. Regulatory repeal.
Royal Decree 864/2008 of 23 May on funds and operational programmes of fruit and vegetable producer organisations is hereby repealed.
Final disposition first. Amendment of Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations.
Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations is amended as follows:
One. Article 1 is worded as follows:
" Article 1. Object.
This royal decree aims to establish the basic regulations applicable to the recognition of the organizations of fruit and vegetable producers and associations of producer organizations, in the development of Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and establishing specific provisions for certain agricultural products (Single CMO Regulation) and in application of the Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down the conditions for the establish detailed rules for the application of Regulations (EC) No 2200/1996, (EC) No 2201/1996 and (EC) No 1182/2007 of the Council in the fruit and vegetables sector. '
Two. Article 6 (3) is worded as follows:
" 3. In accordance with Article 125d of Council Regulation (EC) No 1234/2007 of 22 October and Article 29 of Commission Regulation (EC) No 1580/2007 of 21 December 2006, the activities of the organisation may be the subject of contracting with another entity, including one of its partners, its association or a subsidiary which complies with the provisions of Article 52.7 of Commission Regulation (EC) No 1580/2007 of 21 December.
In the event that any of the members of the PO or the AOP is a legal entity made up of producers, the contracting party may also subscribe with any of the legal entities or with any of the producers members of any of the legal entities.
In the event that, in accordance with the preceding paragraphs, the producer organisation contracts any of the activities listed in Article 25 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, or an activity which has an impact on the calculation of the value of marketed production, the organisations shall establish contracts which regulate at least the following aspects:
a) Identification of the parts.
b) Services that are contracted. Where the services referred to in Article 25 (b) of Commission Regulation (EC) No 1580/2007 of 21 December are contracted, the institution shall provide the procedure by which the products of the Commission are identified. producer organization along the contracted functions.
c) Duration of the contract, which shall not be less than 3 years.
d) Amount of contracted services and form of payment.
(e) Enrollment of contracts in official registration or justification for the payment of the rights of heritage transmissions or documented legal acts.
The conditions described will not be required when dealing with contracts to resolve short-term situations that require a higher than the existing media envelope. "
Three. Two new paragraphs 4 and 5 are added to Article 6 with the following wording:
" 4. Where the producer organisation, in accordance with the above paragraph, contracts the processing activity of one or more of its products with an entity other than one of its partners, its association or its subsidiary, which complies with Article 52.7 of Commission Regulation (EC) No 1580/2007 of 21 December, must also comply with the following:
a) The product must remain under the ownership of the OP at all times.
b) Once the product has been transformed, the OP will carry out the marketing, having the necessary means to do so.
(c) In no case shall the organisation be able to sell a processed product to the same entity that made the transformation or to entities participating in it.
5. Paragraphs 3 and 4 shall apply mutatis mutandis where an association of producer organisations contracts with another entity of its activities. '
Final disposition second. Competence title.
This royal decree is of a basic regulation and is dictated in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.
Final disposition third. Development and modification faculty.
The Minister for the Environment, and the Rural and Marine Environment, is empowered to amend the dates set out in this royal decree, the specific costs referred to in Article 16 and the Annexes, when such amendments are required as a result of Community legislation. It may also amend Annex X as a result of changes to the list of measures, actions, actions, investments or expenditure concepts that comply with the requirements of Community legislation.
Final disposition fourth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given at the Honorary Consulate of Spain in Funchal, on July 31, 2009.
JOHN CARLOS R.
The Minister for the Environment, and the Rural and Marine Environment,
ELENA ESPINOSA MANGANA
ANNEX I
Minimum information and documentation to be submitted annually together with the communication provided for in Article 10
A) General entity data
Entity:
The program's annuity to fund:
Operational program to which you belong: 200 ... to 200 ...
Entity Operating Funds Annuity Number:
B) Documentation to be submitted
1. Certificate of the Secretary of the producer organisation stating that the annual operational fund is set up, the provisions for its provision and, where appropriate, the method of calculating the financial contributions of the partners they have been approved by the general assembly of the institution, or the section if that entity is organised in sections or equivalent body in accordance with the legal personality. This certificate shall contain the amount of the operational fund to be in the annuity starting on 1 January following the amounts to be allocated to:
The implementation of the operational programme, broken down between crisis prevention and management measures and other measures.
The administration of the fund itself.
2. Certificate in which the VPC of the producer organisation is listed, and certificate of the subsidiary/AOP, where appropriate, calculated in accordance with Article 52 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and Chapter II of this royal decree. This certificate must specify:
In the event that the producer organisation carries out the transport of the packaged goods and prepared for sale with its own means, the calculation made to obtain the flat-rate amount equal to the cost of the depreciation and use of such means, which has been deducted from the VPC.
In case the producer organization performs a second or subsequent transformation of all or part of its production, the calculation of the transformation cost that has been deducted from the VPC.
3. Where the value of some or some of the products has been reduced for reasons other than the responsibility and control of the organisation and are covered by Article 7 (2) of this royal decree, present:
(a) Certificate of the Secretary of the Organization, including the values of each product for the reference period referred to in the first subparagraph of Article 7 (1) of this Royal Decree and, in its case, to the two reference periods prior to this, and
b) Report on the facts that led to the decrease in the value of the product, showing in particular that this decrease has not been due to decreases in productive personnel.
4. Authorisation of the producer organisation, in the case of the application of the last subparagraph of Article 3 (2) of this royal decree.
ANNEX II
Maximum amounts of help for withdrawals
| Maximum help amount | |||
|---|---|---|---|
|
Ajo | 46.56 | ||
| Alcachofa | 25.04 | ||
| Apio | 11.08 | ||
| Broculi | 23.96 | ||
| Calabria |
| 18.76 | |
| 15.60 | |||
| 7.20 | |||
| 79.00 | |||
|
| 22.74 | ||
| 22,64 | |||
| stud | 69.78 | ||
| Fresa | 43.42 | ||
| Jewish | 59.31 | ||
| Lettuce |
17.39 | ||
| Pepino | 18.08 | ||
| Pimiento | 31.65 | ||
| Puerro |
18.95 | ||
|
| |||
| Carrot |
Carrot |
| |
|
| 26.71 | ||
| Nispero | 37.63 | ||
|
Paraguaya |
25.15 | ||
| Champinon | 47.65 | ||
|
Acelga |
17.09 | ||
|
| 25.72 | ||
| 109.78 | |||
|
36.68 | |||
|
Hygo. | 49.81 |
ANNEX III
Maximum compensation for green and non-harvesting operations
| Product | Compensation | ||||
|---|---|---|---|---|---|
|
Secano | Regadio | ||||
|
Air | |||||
|
Cauliflower | 1,324 | 1,728 | |||
|
| Take | 803 | 3,578 | 5,769 | |
|
|
2.765 | - | |||
|
Uva | 478 | 1,854 | - | ||
| Albaricot | 501 | 1,536 | - | ||
| 639 | 2.391 | - | |||
| 816 | 816 | Table_table_der" >3.055 | - | ||
| Pera | 1,012 |
- | |||
| 312 |
- Table_table_der" >1,633 | 3,541 | |||
| Melon | 342 | 1,607 | 1,833 | ||
| Sandia |
484 | 2,421 | 3.481 | ||
| Narids | - | 4,246 | - | ||
| Clementine | - | 3,576 | - |
||
| Mandarins | - | 3,417 | - | ||
| Satsumas | - |
| |||
|
| - | - | - | - | - |
| Ajo | 1,737 | 3,472 | - | ||
|
Alcachofa | 884 | 3.195 | - | ||
|
Apio | 1,416 | 5,021 | - | ||
| Brocoli | 3.017 | 3,937 | - | ||
| Calabin | 1,734 | 5.251 | 7.537 |
||
| Calabaza | 1,209 | 4,531 | - | ||
| Cebolla | 765 | 3.060 | 1,928 | ||
| Cereza | 2.044 |
- | |||
| 734 | 734 | 734 | 734 | ||
| - | |||||
| - | 2.327 | 5.050 | 6,920 | ||
| 1,447 | 2.703 | 2,868 | |||
|
2.037 | 2.037 | 3.243 | 13.493 | ||
|
green Jewish | 3.493 | 6,651 |
7.650 | ||
|
lettuce | 2.308 | 4,889 |
Pepino | Pepino | Pepin | 4.415 | 11.512 |
Pimiento |
Pimiento | Table_table_der" >2.829 | 7,743 | 15.104 |
|
Puerro | 2,544 | 5,713 | 4,254 | ||
|
/col | 3,854 | 5,780 | 7,603 |
||
| Carrot | 787 | 4,900 | 1,667 | ||
| Caqui | - | 4.161 | - | ||
| Nispero | 353 |
- | |||
| 975 |
- | 975 Table_table_der" >3,648 | - | ||
|
Champicon (€/m2) | - | - | 18.82 | ||
| Acelga | 1.810 | 4,148 | 8,218 | ||
|
|
1,778 | 4.550 |
| - | - | - |
985 |
| 985 | 2,957 | - | |||
|
Fresh Hygo | 650 | 2,734 | - | ||
ANNEX IV
Structure to which Operational Programs projects must conform
1. Identification of the requesting entity:
a) Social reason:
b) Social address:
c) Phone
d) Fax:
e) E-mail:
f) C.I.F.:
g) Contact person and phone.
h) The type of producer organization of the entity to which the program project belongs:
Autonomic.
Scope greater than a stand-alone community. Autonomous communities in which you have productive assets:
Transnational. Member States in which it is effective:
(i) Status of recognition by Article 20a (2) of Regulation (EC) No 1234/2007 of the Council of 22 October:
With prior recognition by Article 14 of Regulation (EC) No 2200/96 with a date prior to the entry into force of Regulation (EC) No 1234/2007, having applied for recognition under Article 11:
With definitive recognition by Article 11 of Regulation (EC) No 2200/96 or by Article 125b of Regulation (EC) No 1234/2007, indicating the following data:
Record number:
Recognition Date:
Recognition category:
Geographic scope by Autonomous Communities:
N. of current partners:
Current productive personnel (total area and total productions by species):
With a request for recognition under Article 125b of Regulation (EC) No 1234/2007.
2. Description of the entity's starting position.
a) As for the entity's productive personnel:
Crop surfaces by species, Autonomous Communities and Member States.
Production volumes by species, Autonomous Communities, and Member States.
Performances already developed by the producer organization in the field of production production.
b) Regarding the marketing of the production of the partners:
Description of the business process.
Performances already developed by the producer organization in this field.
c) As for the infrastructure:
Description of the facilities at the disposal of the partners, indicating whether they are owned, leased or contracted for services.
Human media.
Administrative team.
(d) Indicators relevant to the producer organisation in accordance with the operational programme set out in Annex XIV to Commission Regulation (EC) No 1580/2007 of 21 December 2007.
3. Duration and objectives pursued by the draft operational programme.-The objectives to be pursued in particular in the light of the provisions of Article 61 (1) (b) of Regulation (EC) No 1580/2007 should be specified in detail. Commission of 21 December 2007.
4. Measures broken down by actions and actions broken down into actions and actions broken down into investments and expenditure concepts to be achieved in order to achieve the objectives set out in point (c) of Article 61 (1) of Regulation (EC) No 1580/2007 the Commission, of 21 December 2007. -For each action, investment and planned expenditure concept, the Commission shall present:
Detailed description of the same.
Autonomous Community where it will be performed.
Objectives of their implementation among those listed in Article 103c (1) of Regulation (EC) No 1234/2007.
Human resources and materials needed for their realization.
Detailed budget by units of work.
Justification for the need for their realization.
Execution and financing calendars.
At least for the first annuity of the operating program:
Geographic identification by the SIGPAC system of the plots in which the measures are to be performed.
If improvement measures are performed on individual holdings, the beneficiaries of the same, indicating the name or social reason and the NIF.
5. Duration of the operational program.
6. Financial aspects:
a) Calendar for the implementation of measures, actions, actions, investments and concepts of expenditure, for years.
b) Calendar of financing of measures, actions, actions, investments and concepts of expenditure, for years.
ANNEX V
Minimum documentation to accompany operational program projects
1. Commitment of the producer organisation to comply with the provisions of Council Regulations (EC) 1234/2007, of the Council of 22 October 2007 and 1580/2007 of the Commission of 21 December 2007 and of the applicable national legislation.
2. Commitment of the producer organisation and, where appropriate, of each of the members on whose holdings investments are to be made from the operational programme, not to be eligible, directly or indirectly, for double financing, community or national, by the measures included in the operational programme.
3. A certificate from the secretary of the producer organisation stating that the draft operational programme, the establishment and financing of the annual operational funds, and in particular the provisions for the provision of those funds and, where appropriate, the method of calculating the financial contributions of the partners, have been approved by the general assembly of the institution, or of the section if that entity is organized in sections or equivalent organ of the organization according to its legal personality. This certificate must specify:
a) The guidelines of the program project, specifying measures and actions to be developed.
(b) Mode to be used to manage the operational fund, among those provided for in Article 8 of this royal decree and form of financing under Article 1010b of Council Regulation (EC) No 1234/2007, of 22 October.
4. If the option contained in point (a) of Article 8 (1) of this royal decree is chosen, a certificate must also be provided for the financial institution of the bank account for the exclusive movement of the fund with an indication of its branch, the account number and the name of the branch: " Operating fund of the producer organisation ... (organization name) ".
5. Justification for:
a) All producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certificate shall be required of the minutes of the general assembly of the producer organisation, or of the section if the said entity is organised in sections, or of the equivalent body in accordance with its legal personality, in which it must reflect that all members have had the opportunity to participate in the actions or actions contained in the operational programme.
b) All producers have had the opportunity to participate democratically in decisions related to the use of the resources of the producer organisation and the financial contributions to the funds. operations. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the minutes of the general assembly of the producer organisation or of the section are provided if the said entity is organised in sections or equivalent body in accordance with its legal personality, in which the discussion and approval of the operational programme is specified as a specific point.
6. In the event that the operational funds are to be financed, in whole or in part, by contributions from the partners, the method of calculating them.
7. In the event that individual contributions from the partners are set at different levels, the necessary information justifying these levels.
8. If investments or actions are included in the individual partner holdings, it must be provided:
(a) Name, social reason and DNI or NIF of each beneficiary as well as geographical location of the investments to be made. This location will be performed using the SIGPAC system.
b) Certificate of the agreement adopted by the general assembly of the entity, or of the section if such entity is organized in sections, or equivalent organ according to its legal personality, to obtain from any partner of the the organisation on whose holding investments are made under the operational programme for the repayment of the residual value of these investments, in the event that it causes a low in the organisation.
(c) The period of the obligation to return an investment or its residual value, for the purposes of calculating the residual value referred to in point (b) of this paragraph and the last subparagraph of Article 61 (3) of Commission Regulation (EC) No 1580/2007 of 21 December 2007, to be fixed by the producer organisation for a maximum of five years.
This residual value will be calculated as follows:
Residual Value = [Acquisition Value x (Return Obligation Period-Period Between Acquisition Date and Partner's Low Date)]/Return Obligation Period
d) Justification that all producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certified copy of the minutes of the General Assembly of the producer organisation, or of the section if such an entity is organised in sections, or of the equivalent organ according to its legal personality, shall be required. reflect that all members have had the opportunity to participate in the actions or actions contained in the operational programme.
9. Where appropriate, certification of the secretary of the producer organisation for which the agreement of the general assembly of the entity is provided, or of the section if the entity is organised in sections, or equivalent organ of the organisation of (a) producers in the light of their legal personality, by which the competition is delegated to the submission of requests for amendment of the operational programme, provided for in Articles 19 and 20 of this royal decree, in a given instance of the producer organisation.
10. If specific costs of experimental production are included in the draft programme, a protocol with the experimentation to be carried out to justify the novelty of the project and the risk involved, endorsed by a research centre.
11. If included in the program project, the acquisition of second-hand equipment:
(a) The documentation that justifies that such equipment has the technical characteristics required for the operation, that they comply with the applicable standards, and that they do not exceed the market value.
b) A statement from the seller of the equipment about its origin, confirming that it was not purchased with national, or community, grants during the last seven years.
c) A rating certificate issued by a collegiate appraiser that confirms the purchase price.
12. If the acquisition of unbuilt land, a certificate of assessment by an independent and collegiate appraiser, is included in the draft programme, confirming that the purchase price does not exceed the market value.
13. If included in the project of the program finance lease, budget of the acquisition of the good with the market value of the same.
14. If the real estate acquisition is included in the program project:
a) Certificate of assessment, carried out by a collegiate appraiser, that establishes the purchase price, and that said price does not exceed the market value.
b) Certificate from the seller that during the last ten years, he has not received any grant, national, or community.
c) Commitment to use the site, at least for five years, for the intended use.
15. If the investment substitution is included in the draft programme, a document justifying the residual value of the investment being replaced.
16. If the investment in business shares is included in the programme project, a certificate from an independent and collegiate valuer setting the certified purchase price, confirming that the purchase price does not exceed the value of the market.
ANNEX VI
Minimum documentation to contribute along with modification requests
of the operational programs
A) In all cases:
1. Certificate stating that the amendments requested on the operational programme have been approved by the competent body in accordance with its legal personality or instance in which it has delegated.
2. To be accompanied by the supporting documents setting out the reasons, nature and consequences of the amendments requested, as well as those supporting documents which are necessary for their approval.
3. In the amendments involving a change of location or a change of owner on individual holdings of partners:
(a) Written commitment of new beneficiaries not to benefit directly or indirectly from double funding, either at Community or national level, by the measures included in the operational programme,
b) Identification by the SIGPAC system of the parcels on which the investments will be made, together with the social reason and the NIF of the new beneficiaries.
4. Where the form of financing of operational funds is modified, the document in which it appears:
(a) The provisions adopted for financing, including the source of the resources to be financed.
(b) Where the operational fund is to be financed, in whole or in part, by contributions from the partners, the method of calculation of the same.
c) The justification that:
All producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certificate shall be required of the minutes of the general assembly of the producer organisation, or of the section if the said entity is organised in sections, or of the equivalent body in accordance with its legal personality, in which it must reflect that all members have had the opportunity to participate in the actions or actions contained in the operational programme.
All producers have had the opportunity to participate democratically in the decisions related to the use of the funds of the producer organisation and the financial contributions to the funds. operations. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the minutes of the general assembly of the producer organisation or of the section are provided if the said entity is organised in sections or equivalent body in accordance with its legal personality, in which the discussion and approval of the operational programme is specified as a specific point.
5. Where the form of management of the operational funds is modified and the option contained in Article 8 (1) (a) of this Royal Decree is chosen, the certificate of the financial institution shall be provided with the account bank for the exclusive movement of the fund with the indication of its branch, the account number and the name of the branch: " Operating fund of the producer organisation ... (organization name) ".
6. Where appropriate, certification of the secretary of the producer organisation by which the general meeting of the institution is provided, or of the section if the entity is organised in sections, or equivalent body of the organisation of the organisation of (a) producers in the light of their legal personality, by which the competition is delegated to the submission of requests for amendment of the operational programme, provided for in Articles 19 and 20 of this royal decree, in a given instance of the producer organisation.
B) Relating to annuities not started. -In the event that new action is introduced, investments in individual member holdings or if the number of individual holdings of partners in which they leave is increased to make investments in the operational programme:
(a) Certificate in which the agreement adopted by the general assembly of the entity is included, or of the section if that entity is organized in sections, or equivalent organ, to obtain reimbursement of these investments, or their residual value, in the event that the partner causes a low in the organization.
(b) The period of the obligation to return an investment or its residual value, for the purposes of calculating the residual value referred to in point (a) of this paragraph and the last subparagraph of Article 61 (3) of Commission Regulation (EC) No 1580/2007 of 21 December 2007, to be fixed by the producer organisation for a maximum of five years.
This residual value will be calculated as follows:
Residual Value = [Acquisition Value x (Return Obligation Period-Period Between Acquisition Date and Partner's Low Date)]/Return Obligation Period
(c) Written commitment of each individual beneficiary of investments in individual holdings, not to be directly or indirectly eligible for double funding, either at Community or national level, for the measures included in the programme operation.
d) Justification that all producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certified copy of the minutes of the general assembly of the producer organisation, or of the section if such an entity is organised in sections, or of the equivalent organ according to its legal personality, shall be required. reflect that all members have had the opportunity to participate in the actions or actions contained in the operational programme.
(C) Relating to the current annuity. -In the amendments involving a change of location or holder in individual holdings of members, a notarial act stating that the investment to be made is not started on the parcel corresponding to the new location or a statement of the OP in which it undertakes not to commence the execution of the investment until there is a record issued by the competent authority of the autonomous community where it is (a) to make the investment, in which it is stated that the investment to be made has not been initiated on the plot corresponding to the new location
ANNEX VII
Structure to which partial operational program projects must conform
1. Identification of the requesting entity:
a) Social reason:
b) Social address:
c) Phone:
d) Fax:
e) E-mail:
f) C.I.F.:
g) Contact and phone person:
h) The type of producer organization association of the entity to which the program project belongs:
Autonomic.
Scope greater than a stand-alone community. Autonomous communities in which it has productive personnel.
Transnational. Member States in which it is effective:
i) Record number and recognition date:
j) Number of partner producer organisations at the time of submission of the partial operational programme and identification of them by registration number and social reason.
k) Geographical scope by Autonomous Communities:
2. Description of the entity's starting position:
a) Functions that you have performed in the last three years.
(b) Human and material means available to you, specifying, where appropriate, whether you are using services with third parties, which must be in addition to the performance of your duties.
c) Prospects for action for the years of the partial operational programme.
(d) Indicators relevant to the producer organisation in accordance with the operational programme established and in Annex XIV to Commission Regulation (EC) No 1580/2007 of 21 December 2007.
3. Duration and objectives pursued by the draft partial operational programme.-The objectives to be pursued in particular in the light of the provisions of Article 61.1 (b) of Regulation (EC) No 1580/2007 should be specified in detail. of the Commission of 21 December 2007.
4. Measures broken down by actions broken down by actions and actions broken down into investments and expenditure concepts to be achieved in order to achieve the objectives set.
(a) For each action, performance, investment and intended concept of expenditure, they shall present:
Detailed description of the same.
Autonomous Community where it is to be performed.
Objectives of their implementation among those listed in Article 103c (1) of Regulation (EC) No 1234/2007.
Human resources and materials needed for their realization.
Detailed budget by units of work.
Justification for the need for their realization.
(b) Annex containing the location of investments or expenditure broken down by autonomous communities.
5. Financial aspects:
a) Calendar for the implementation of measures, actions, actions, investments and concepts of expenditure, for years.
b) Calendar of financing of measures, actions, actions, investments and concepts of expenditure, for years.
ANNEX VIII
Minimum documentation to accompany partial operational program projects
(a) Commitment of the association of producer organisations to comply with the provisions of Council Regulations (EC) 1234/2007, of the Council of 22 October and 1580/2007 of the Commission of 21 December 2007.
(b) Certification issued by the Secretary of the Association that the members of the association of producer organisations which do not have the status of producer organisation under Regulation (EC) No 1234/2007, The Council of 22 October has not taken part in the decision-making affecting the partial operational programme and does not directly benefit from provisions financed by the Community.
(c) Certification issued by the secretary of the association certifying compliance with the provisions of Article 23 (1) (b) of this royal decree.
(d) Commitment of the association of producer organisations not to benefit directly or indirectly to double funding, either at Community or national level, for the measures included in the partial operational programme.
e) For the first annuity of the partial operational programme the documentation set out in Article 25 (1) of this royal decree.
(f) A certification issued by the secretary of the association of producer organisations stating that the partial operational programme has been approved by the assembly or equivalent body of the association, or of the section if the entity is organised in sections, depending on its legal personality. Such certification shall include the guidelines of the partial operational programme project, specifying measures and actions to be developed.
g) Certificate of the financial institution depository of the bank account for the exclusive movement of the fund with indication of its branch, the account number and the denomination of the account: " Partial operational programme of the association of Producers ' Organizations ... (name of the association) ".
ANNEX IX
Minimum financial help request content
A) Entity data:
Producer organization name or social reason, record number, and NIF.
The type of help you are requesting.
Annuity to which the help corresponds.
The Operational Program to which you belong.
How to finance the Operational Program.
How to manage the Operational Program.
Bank account where payment should be made.
B) Operational program data:
Run and finance calendar.
Implementation of crisis management and prevention measures.
C) Documentation to be submitted.
Marketed production justifications for the program reference period.
The proxy copy and the representative's NIF.
Justifying the endowment of the operational fund.
Justifying the expenditure of the operational programme and its relationship. The paying agencies may authorise the application to submit only the supporting documents, and must subsequently incorporate those invoices, original or certified, as required by the administration.
Bank extract of fund account movements, authenticated by the bank or external audit report.
In case of an application for an advance, guarantee, insurance or proof of having made a cash deposit.
Where appropriate, justify the actual use of previous advances.
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