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Royal Decree 784/2009, Of 30 April, Which Establishes The Regulatory Bases Of State Subsidies To Livestock Sanitary Defence Groups.

Original Language Title: Real Decreto 784/2009, de 30 de abril, por el que se establecen las bases reguladoras de las subvenciones estatales destinadas a las agrupaciones de defensa sanitaria ganaderas.

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Improving health quality, commercial agility and profitability of livestock farms require a high level of health that can only be achieved through the collaboration of the sector, both in the fight and eradication of diseases, as in the maintenance and creation of defensive structures in the face of the risk of the emergence and spread of exotic diseases.

Therefore, Article 43 of Law 8/2003 of 24 April on animal health already provides that public administrations, in order to promote the formation of livestock health protection groups, may provide aid lines aimed at subsidising health programmes.

In this regard, by means of Royal Decree 428/2003 of 11 April establishing the basic rules for subsidies for the promotion of livestock health protection groups, the aid was granted public to the health programs of such Pools.

At the moment, it is necessary to update this regulation, adapting it to the new rules of the European Union in the field of aid to the agricultural sector. Reasons for legal certainty advise the approval of a new royal decree, given the importance of the modifications.

The aid provided for in this provision is in accordance with the provisions of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to aid State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001.

The final beneficiaries of this aid are small and medium-sized farms integrated into a Livestock Health Defence Grouping, but in accordance with the forecast provided for in Article 10.1.b) of the Commission Regulation (EC) No 1857/2006 of 15 December 2006 on aid is channelled through the associations themselves, which are those which implement the eligible activity.

The basic regulation contained in this provision is carried out by means of a royal decree, since it is a highly technical and of a cyclical and changing nature, which is closely linked to the development of the Community rules.

In the elaboration of this royal decree, the autonomous communities and the most representative entities of the affected sectors have been consulted.

In its virtue, on the proposal of the Minister for the Environment, and the Rural and Marine Environment, and after deliberation by the Council of Ministers at its meeting on 30 April 2009,

DISPONGO:

Article 1. Object.

1. The purpose of this royal decree is to establish the regulatory basis for the granting of state subsidies, under competitive competition, for livestock health defense groups (ADSG).

2. The purpose of the present aid is to compensate for the costs of actions for the prevention, control, control or eradication of diseases of animals included in health programmes or actions.

3. This aid is in line with the provisions of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001, in particular Article 10 thereof. The Regulation was published in the Official Journal of the European Union No 358 of 16 December 2006.

Article 2. Definitions.

For the purposes of this royal decree, the definitions provided for in Article 3 of Law 8/2003 of 24 April of animal health and in Article 2 of Commission Regulation (EC) No 1857/2006 of 15 January 2003 shall apply. December 2006.

Article 3. Beneficiaries, payment in kind and requirements.

1. In compliance with Article 10 (1) (b) of Commission Regulation (EC) No 1857/2006 of 15 December 2006, the beneficiaries of the aid are ADSG.

Thus, ADSG grants integrated by holdings meeting the requirements laid down in paragraph 2, which are officially recognised by the Autonomous Communities and which are registered in the Community, may apply for grants. national register of livestock health protection groups.

2. Without prejudice to paragraph 1, the final beneficiaries of the aid shall be small and medium-sized agricultural holdings integrated into an ADSG officially recognised by the relevant autonomous community and meeting at least: the following requirements:

(a) Halse to the current of the tax and social security obligations, as well as meet the rest of the requirements laid down in Article 13 of Law 38/2003, of 17 November, General of Grants.

(b) In the case of holdings of livestock producing producers, and for holdings to be of an SME status in accordance with Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008, certain categories of aid compatible with the common market are declared in application of Articles 87 and 88 of the Treaty (general block exemption Regulation).

Article 4. Actions to be awarded.

1. These grants will be used to finance, as provided for in this royal decree, the implementation by the ADSG of the common health programmes and actions, comprising, in relation to the diseases listed in the animal diseases of the World Organisation for Animal Health (OIE) and in the Annex to Decision 90 /424/EEC of the Council of 26 June 1990 on expenditure in the veterinary field, expenditure arising from:

(a) Health controls, diagnostic tests, laboratory analysis or other measures for the detection of animal diseases, including those for the professional performance of ADSG veterinarians. The costs arising from the professional performance of ADSG veterinarians in sampling or carrying out diagnostic tests within the framework of the national programmes for the eradication of diseases of the diseases are excluded from this subsidy. animals receiving co-financing from the European Union.

(b) The purchase and administration of vaccines, veterinary medicinal products, biocidal products or other animal health products, including the costs of the professional performance of ADSG veterinarians.

(c) The slaughter of animals or the destruction of hives in both cases that are sick or suspected of being infected, including the costs of the professional performance of ADSG veterinarians.

(d) The application of all additional health measures to be provided for the purpose by the competent bodies of the autonomous community where ADSG is radiating according to the health conditions of the area and the particular characteristics of each Grouping, including those of the professional performance of ADSG veterinarians.

2. The maximum amount of the costs or losses eligible for the aid shall be deducted from the amounts received in accordance with insurance schemes.

3. The aid shall be granted to activities carried out after the submission of the application.

Article 5. Submission of requests.

1. Applications for assistance shall be addressed to the competent authority of the autonomous community which has recognised the ADSG and shall be accompanied, at least, by the following documentation:

(a) The relationship of cattlemen who effectively constitute the ADSG at the time of the application and the operating codes in accordance with Article 5 of Royal Decree 479/2004 of 26 March 2004 establishing and regulating the General registration of livestock holdings.

b) Detailed budget of expenditure for which the subsidy is requested. This budget must cover the expenditure envisaged for the effective implementation of the common health programme and must be drawn up by the ADSG veterinarian, or the head of the veterinary surgeon if there is more than one, and signed by the chairman of the ADSG.

(c) Supporting documentation of the status of SMEs in the ADSG-integrated holdings, which may consist of statements responsible for the operators of each holding.

(d) Commitment to compliance with all additional health measures that are available to the competent bodies of the autonomous community where ADSG is radiating, according to the health conditions of the area and the particular characteristics of each Pool.

2. Applications may be submitted annually within the time limits laid down in the respective calls for the autonomous communities and, in any case, before 30 April of each year.

Article 6. Objective criteria for granting the grant.

In the grant of the grants provided for in this royal decree the applications will be ordered based on their score, according to the following objective criteria, with a maximum of 100 points:

1. Overall rating:

(a) Applications for ADSG which pool a greater number of holdings and livestock shall be prioritised.

This criterion will be weighted with a maximum rating of 50 points.

b) Total number of veterinary staff to develop health actions.

This criterion will be weighted with a maximum rating of 20 points.

2. Autonomic assessment: Each autonomous community will have up to 30 points to assess the criteria it considers complementary to those mentioned in the previous section.

Article 7. Amount of aid.

1. The amount to be charged for each ADSG shall be a maximum of one hundred per cent of the amount of the budget presented by the applicant ADGS for the year in question.

2. The total amount of the subsidy charged to the General Budget of the State shall not exceed the total amount of aid to be provided by the Autonomous Communities to support the costs of the ADSG's health programmes under the the budgets of those autonomous communities for the year in which the grant is applied for, or 50 per cent of the total of the aid granted by the competent authority for that purpose in another case.

Article 8. Instruction, resolution, and payment.

1. The competent bodies of the autonomous community shall instruct the procedure and resolve in a reasoned manner and notify within the time limit that the call for action may in no case be more than six months after the publication of the the corresponding call for aid, unless the aid is postponed to a later date.

2. The payment of the subsidy shall also be the responsibility of those bodies, after the completion of the activity for which it was granted, as provided for in Article 13, and the carrying out of administrative or on-the-spot checks. that are accurate.

3. Advance payments and credits may be made, subject to the corresponding guarantee schemes for advance payments, in the form and conditions provided for in Articles 45 and following of the Royal Decree. 887/2006, dated July 21. Account credits may result in split payments which will respond to the rate of execution of the supported actions, with the amount equivalent to the justification presented.

4. The grant decisions shall take account of the available budgetary resources and shall explicitly state which funds come from the general budget of the State.

Article 9. Funding and transfers of funds.

1. The financing by the Ministry of the Environment, and the Rural and Marine Environment, will be carried out by the appropriation available in the budgetary implementation to be determined in the General Budget of the State for each year, and the granting of the aid, in the part financed by that Ministry, shall be subject to adequate and sufficient credit at the time of the concession.

2. The Ministry of the Environment, and the Rural and Marine Environment will transfer to the autonomous communities the corresponding amounts, in accordance with paragraph 1, in order to pay for the subsidies regulated by this royal decree, according to the Budgetary resources and in accordance with Article 86 of Law 47/2003 of 26 November 2003, General Budget.

3. For each financial year it shall be established, with the available budgetary resources and taking into account, where appropriate, the remaining funds resulting from the completion of each financial year held by the autonomous communities, the maximum amount to be transferred to each community.

Article 10. Duty of information.

Finalized the economic exercise, the autonomous communities will have to refer to the Ministry of the Environment, and the Rural and Marine Environment, a comprehensive state of the recognized obligations and the payments made until the end of the economic exercise by the grant or managed grants.

Article 11. Cumulation and compatibility of the aid.

1. The grants provided for in this royal decree will be compatible with any other that, for the same purpose and purpose, could establish other public or private, national or international authorities.

2. However, the amount of the subsidy, whether by itself or in competition with other aid or subsidies which any other public administration or entity may grant, or a natural or legal person may not exceed the limits laid down in Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises engaged in the production of products agriculture and amending Regulation (EC) No 70/2001.

The concurrent collection of aid granted for the same purpose by other public or private national or private authorities, when the total amount of grants received by each beneficiary exceeds the cost of all the eligible activity to be developed for the period concerned, shall give rise to the proportional reduction corresponding to the amount of the subsidies covered by this royal decree, until it is adjusted to that effect. limit.

If the sum of subsidies still amounts to an aid intensity exceeding the maximum percentages laid down in Article 7 or in the applicable State or Community legislation, it shall be reduced to that limit.

Article 12. Modification of the resolution and drawback.

1. Any alteration of the conditions under consideration for the grant of the grant, and in any event the concurrent obtaining of subsidies granted by other public or private authorities, national or international, may give rise to the the modification of the grant resolution.

2. Failure to comply with the conditions required for the grant of the grant shall result in the withdrawal of the aid, with the refund, if it has been paid, of the amount collected in the interest of the legally established delay, from the time of your credit.

In the case of partial non-compliances relating to the eligible activities, the proportional reduction of the grants awarded or paid shall be carried out.

Article 13. Justification for compliance.

The beneficiaries of the aid will have to justify the fulfilment of the purpose for which they were granted and the application of the funds received, by the submission of the appropriate supporting documentation, in the maximum period of six months at the end of the activity which is the subject of the grant, in accordance with the procedure laid down by the autonomous community in the manner laid down in Article 30 of Law 38/2003 of 17 November and in the Article 69 of the Regulation of that Law, approved by Royal Decree 887/2006 of 21 July.

Single additional disposition. Financing of the aid in the 2009 financial year.

In the financial year 2009, the financing of the aid referred to in Article 9.1 shall be made from the appropriation in the budget application 23.12.412B.752.05.

Single repeal provision. Regulatory repeal.

Royal Decree 428/2003 of 11 April, establishing the basic rules for subsidies for the promotion of livestock health protection groups, is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued under the terms 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 second. Applicable rules.

In all that is not foreseen in this royal decree, the applicable regulations will be contained in Law 38/2003, of 17 November, General of Grants, and in its Regulation approved by Royal Decree 887/2006, of July 21.

Final disposition third. Ability to modify.

The Minister for the Environment, and the Rural and Marine Environment, is empowered to amend the maximum time limit for the submission of applications provided for in Article 5.

Final disposition fourth. Cross-compliance of aid.

The granting of the aid regulated in this royal decree is conditional upon the publication of the registration number of the request for exemption on the website of the Directorate General of Agriculture and Rural Development of the European Commission, not being applicable before that date.

Final disposition fifth. Entry into force.

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

Given in Madrid, on April 30, 2009.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA