The common agricultural policy (CAP), since the 1990s, has been gradually integrating the new demands of European society. In this sense, the environment, public health, health and animal welfare are some of the new conditionalities of the CAP.

The review of the 2003 CAP reform, which has been carried out through Council Regulation (EC) No 73/2009 of 19 January 2009 laying down common rules for aid schemes direct to farmers within the framework of the common agricultural policy and certain aid schemes are introduced for farmers and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1290/2005 and repealing Regulation (EC) No 1290/2005 Regulation (EC) No 1782/2003 has strengthened the concept of cross-compliance, which includes good conditions agricultural and environmental management and the legal requirements for environmental management, public health, health and animal welfare. This Regulation lays down the obligation for any farmer who receives direct payments to comply with the statutory management requirements referred to in Annex II and with the good agricultural and environmental conditions established by the Member States, and pursuant to Article 6 thereof, on the basis of the framework set out in Annex III thereto.

Council Regulation (EC) No 73/2009 of 19 January 2009, in Article 4.2, provides that the competent authority shall provide farmers with a list of the legal requirements for management and good agricultural conditions and environmental issues to be respected.

Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated management and control system provided for in this Regulation. Regulation (EC) No 73/2009 lays down the basis of the cross-compliance control system and the basis for the calculation of reductions and exclusions for non-compliance aid, with the Member States having to establish the specific systems which ensure effective control of compliance with cross-compliance.

On the other hand, Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) sets out in Article 51 of the beneficiaries of the aid provided for in points (i) to (v) of point (a) and in points (i), (iv) and (v) of Article 36 (b) of that Regulation, shall comply with the same legal requirements for management and good as well as Agricultural and environmental conditions which the beneficiaries of direct aid.

In addition, the beneficiaries of agri-environmental aid, as provided for in Article 36 (a) (iv) of Regulation (EC) No 1698/2005, must also comply with the minimum requirements for the use of fertilisers and plant protection products established in the relevant rural development programmes.

Commission Regulation (EC) No 1975/2006 of 7 December 2006 lays down detailed rules for the application of Council Regulation (EC) No 1698/2005 as regards the procedures for the control of the cross-compliance in relation to rural development aid measures.

Moreover, Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, lays down in Articles 20 and 103 respectively that they must respect the (a) to ensure that the aid granted by the Member State in question is not subject to the conditions laid down in Article 3 (1) of the Treaty, and that the aid granted by the Member State in question must be boot.

Regulation (EC) No 796/2004 has been amended in order to lay down the detailed rules for the application of Regulation (EC) No 479/2008 as regards the procedures for the control of cross-compliance in relation to the conversion, restructuring and vineyard start-up.

In Spain, by means of Royal Decree 2352/2004 of 23 December on the application of cross-compliance in relation to direct aid within the framework of the common agricultural policy, good conditions were laid down. the agricultural and environmental aspects and the legal management requirements to be met by the farmer on the basis of the conditionality of the CAP's direct aids, in accordance with Council Regulation (EC) No 1782/2003 of 29 June 2000. September.

After a first period of application of cross-compliance, it is considered appropriate to replace Royal Decree 2352/2004 of 23 December, to include amendments to Community legislation, to take account of the recommendations from the Commission on the application of cross-compliance, and simplify and clarify certain requirements with a view to promoting compliance and control.

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 for 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 on April 3, 2009,

DISPONGO:

Article 1. Object and scope of application.

This royal decree aims to determine the legal management requirements and the good agricultural and environmental conditions that it will have to meet:

(a) Any farmer receiving direct payments under Article 4 of Regulation (EC) No 73/2009.

(b) The beneficiaries of the aid provided for in points (i) to (v) of (a) and (i), (iv) and (v) of Article 36 (b) of Council Regulation (EC) No 1698/2005 of 20 September 2005.

(c) Farmers receiving aid under the programmes to support the restructuring and conversion of the vineyard and those receiving payments from the grubbing-up premium as provided for in Articles 20 and 103 of the Regulation (EC) No 479/2008.

Article 2. Definitions.

For the purposes of this royal decree, the definitions contained in Regulation (EC) No 73/2009 and Regulation (EC) No 796/2004 as well as the following shall apply:

a) Labling the land: Remoting the farmland, using mechanical tools.

b) SIGPAC enclosure or enclosure: each of the continuous surfaces within a single agricultural parcel of those defined within the geographical information system of agricultural parcels (SIGPAC).

(c) Pending: the average slope of the land calculated in a SIGPAC enclosure from a digital elevation model, consisting of a mesh of points with a distance between these of a maximum of 20 metres and a precision similar to that of the mapping 1:10,000.

d) saturated soil: the soil in which all its pores are full of water.

e) Retaining races: dry stone pews, rips provided with herbaceous, bushy or tree-lined vegetation; terraces and contour ditches in the case of working at level and live plant barriers perpendicular to the slope which, by controlling the runoff, protects the soil from erosion.

f) Effective livestock load: livestock, calculated in livestock units (UGM), which, per hectare of forage area, is maintained mainly on the basis of own natural resources.

g) Undesired spontaneous vegetation: those plant species which, although they do not put the productive capacity of agricultural soils in the medium and long term at risk, threaten their proliferation, with a break from the traditional balance organic farming of a particular farm or growing area and with an extension to the surrounding crop fields.

h) Structural element: those characteristics of the terrain such as the margins of the plots with singular characteristics, retention terraces, chivales, islands and enclaves of natural vegetation or rock, hedges and sotos are located inside the plot, pools, lagoons, ponds and natural abbings and barrier trees in line, in group or in isolation. Also considered structural elements are small constructions, such as dry stone murettes, old palomars or other elements of traditional architecture that can serve as shelter for flora and fauna.

i) Land Refining: those conditioning operations of the soil surface of the pews and irrigated lands, aimed at improving the efficiency of water use and facilitating the practice of irrigation, carried out on plots of crops in which irrigation methods are used by gravity, by surface and by flooding.

j) Areas with high risk of erosion: The areas to which they are established by the competent authority of the Autonomous Community or, where appropriate, those defined in the National Soil Erosion Inventory (2002-2012) of the Ministry of the Environment, and Rural and Marine Environment, or in the Map of Erosive States (1986-1990) of the Ministry of the Environment in the areas where the inventory was not published.

Article 3. Obligations of cross-compliance.

1. The applicants for assistance referred to in Article 1 shall comply with the statutory management requirements listed in Annex I to this Royal Decree and the good agricultural and environmental conditions set out in Annex II, as well as set out in the autonomous legislations in the development of these obligations.

2. In addition to the requirements referred to in the previous paragraph, the beneficiaries of the agri-environmental aid, as provided for in Article 36 (a) (iv) of Council Regulation (EC) No 1698/2005 of 20 September 2005, shall comply with the requirements laid down in Article 4 (1) of Regulation (EC) No 1698/2005. the minimum requirements for the use of fertilisers and plant protection products laid down in the relevant rural development programmes.

Article 4. Permanent pasture.

The farmer or farmer who holds permanent pasture land shall comply with the requirements laid down in Community legislation and those which, where appropriate, lay down the autonomous communities, to the object of to prevent the total area of permanent pasture from suffering a significant reduction as provided for in Article 6 of Regulation (EC) No 73/2009 and Article 3 of Regulation (EC) No 796/2004, in which the margins of annual reduction eligible for the reference ratio.

In the case of overshooting at the national level of the above margins and in accordance with Article 4 of Regulation (EC) No 796/2004, the competent authorities of the autonomous communities in which they are located Such an overshoot may establish the individual obligations which are necessary, without prejudice to the coordination competence, which is the responsibility of the Ministry of the Environment, and the Rural and Marine Environment.

Article 5. Coordination and control of cross-compliance.

1. The Spanish Agricultural Guarantee Fund (FEGA), under the Ministry of the Environment, and the Rural and Marine Environment, shall be the national authority responsible for the system of coordination of cross-compliance checks, within the meaning of Article 20.3 of the Regulation (EC) No 73/2009.

2. The competent bodies of the autonomous communities, as responsible authorities in their territorial area of the control activities, shall designate the appropriate bodies or specialised control bodies to ensure compliance with the requirements of this Directive. cross-compliance requirements referred to in Article 3 of this royal decree.

In accordance with Article 42.2 of Regulation (EC) No 796/2004, the paying agency may also be designated to carry out checks on all or some of the areas of application of cross-compliance. provided that the respective autonomous community ensures that the effectiveness of the controls is at least equal to that achieved when the controls are carried out by a specialised control body or body.

3. The competent authorities for the calculation of reductions and exclusions referred to in Article 8 shall be the paying agencies of the autonomous communities.

Article 6. Control system.

1. The competent authorities of the autonomous communities shall communicate to the FEGA the specialised control bodies or bodies or, where appropriate, the paying agencies which shall exercise that function.

The paying agency responsible for payment of the aid shall communicate to the relevant control authorities in the territorial area in which the holdings radiate the necessary information on the farmers applying for the aid. any of the aid referred to in Article 1 of this royal decree so that they can carry out the relevant checks.

2. The autonomous communities shall carry out, on the files relating to the farmers/beneficiaries to which this royal decree applies, administrative checks, in particular those already established in the control systems, applicable to the requirement, standard, act or scope of the respective cross-compliance, where the appropriate methods exist for this, as provided for in Article 43 of Regulation (EC) No 796/2004.

3. The methods to be applied for the selection of the control samples on the ground shall be in accordance with Article 45 of Regulation (EC) No 796/2004.

4. With regard to the requirements of the cross-compliance of which it is responsible, the specialised control body or, where appropriate, the paying agency shall carry out on-the-spot checks on at least one per cent of all the farmers submitting applications for direct payments, at least one per cent of the beneficiaries submitting payment applications under Article 36 (a) (i) to (v) and (b) (i), (iv) and (v) of the Regulation (EC) n ° 1698/2005, and in the same way, the same minimum percentage of the applicants for aid under the programmes to support the restructuring and conversion of the vineyard as well as those receiving payment of the grubbing-up premium pursuant to Articles 20 and 103 of Regulation (EC) No 479/2008 and in all cases, which have to comply with one of these requirements or standards.

These minimum percentages of controls may be achieved either at the level of each specialised control body or at the level of the paying agency.

Where the legislation applicable to acts and rules already sets minimum control rates, those percentages shall be applied instead of the minimum percentage referred to.

5. The characteristics and extent of the checks shall be in accordance with Articles 46 and 47 of Regulation (EC) No 796/2004.

6. The on-the-spot checks carried out shall be the subject of a control act which shall take account of the results of the inspection visit. A report shall be drawn up on the basis of this report, which shall be in accordance with Articles 48 and 65 of Regulation (EC) No 796/2004, where the control act does not contain the elements required in those Articles. The farmer shall be informed of any non-compliance observed within three months of the date of the on-the-spot check.

7. Where on-the-spot checks carried out during a marketing year are carried out, a significant degree of non-compliance shall be deducted in a given act or standard, in the following control period, the number of on-the-spot checks to be increased shall be increased. to be carried out for that act or standard, as provided for in Article 44.2 of Regulation (EC) 796/2004.

8. The bodies or bodies responsible for carrying out the checks shall send the reports to the paying agency of the autonomous community which is required to make the payment, in accordance with Articles 9 (e) and 48.3 and within the time limits laid down for this in Regulation (EC) No 796/2004.

Article 7. Control plans.

1. The FEGA, in collaboration with the Autonomous Communities, shall draw up a national plan for cross-compliance checks, in which any aspect deemed necessary for the coordinated implementation of the on-the-spot checks and the checks on the field shall be collected. of the administrative checks. This plan shall be drawn up in accordance with the criteria specified in Regulation (EC) No 796/2004 and with the rules laid down in Article 6 of this royal decree.

2. The autonomous control plans, adjusted to the general criteria of the national plan, shall be communicated to the FEGA within one month of their approval.

Article 8. Application of reductions or exclusions.

1. Where the statutory management requirements, good agricultural and environmental conditions or the minimum requirements for the use of fertilisers and plant protection products are not complied with, for the beneficiaries of agri-environmental aid, in any case the time of a given calendar year and the non-compliance, relating to an agricultural activity or agricultural area of the holding, is the result of an action or omission directly attributable to the person who in the year in question requested the aid of any of the schemes referred to in Article 1 of this royal decree, shall be reduced or annul the total amount of direct payments, following application of Articles 7 and 11 of Regulation (EC) No 73/2009, of the rural development aid to be paid in the calendar year in which the non-compliance is detected in accordance with the provisions of the provisions of Article 7 and 11 of Regulation (EC) No 73/2009 in Articles 66, 67, 68 and 71 of Regulation (EC) No 796/2004 and in Articles 22, 23 and 24 of Regulation (EC) 1975/2006 and aid under the programmes to support the restructuring and conversion of the vineyard and the start-up premium.

2. In the case of partial or full transfer of the holding, whether the non-compliance is an act or omission attributable to the person to whom the land is transferred or to the person transferring the land, the Reduction or cancellation of the total amount of direct payments, restructuring and conversion of the vineyard and grubbing-up premium shall apply to the person who has received the payment for the area affected by the infringement. From the year 2010, the reduction or cancellation of direct payments, as well as of rural development payments and of those for restructuring, conversion and grubbing-up, shall apply to the person to whom the payment is attributable. non-compliance if you have requested any of these payments.

3. For the purposes of the second paragraph of Article 24 (2) of Regulation (EC) No 73/2009, reductions shall not apply to a farmer where all the non-compliances detected are minor, with the understanding as such of minor gravity that they do not have. the impact outside the holding and the effects of which are not derived or the length of stay of the holding is less than one year. Cases involving direct risks to public health or animal health shall not be considered as minor breaches. Once the farmer has been informed of the corrective measures to be taken, if he does not correct the situation within a time limit which may not be later than 30 June of the year following that in which the non-compliance has been observed, the latter shall not be consider less and apply at least a reduction of 1%. Where corrective action is taken within the time limit, a non-compliance shall not be considered.

In the case of beneficiaries of the aid provided for in points (i) to (v) of (a) and (i), (iv) and (v) of Article 36 (b) of Regulation (EC) No 1698/2005, the provisions of this paragraph shall be applicable from the year 2010.

4. The amounts resulting from reductions made in respect of non-compliance with cross-compliance which are not paid to the EAGF pursuant to Article 25 of Regulation (EC) No 73/2009 shall correspond to the autonomous communities in proportion to the amounts retained in each of them.

The amounts resulting from reductions made for non-compliance with cross-compliance by the beneficiaries of rural development aid provided for in points (i) to (v) of (a) and (i) (i) (iv) and (v) Article 36 (b) of Regulation (EC) No 1698/2005 shall be made available to the relevant rural development programme concerned.

Article 9. Coordination and communications between public administrations.

1. The FEGA, as the coordinating body for paying agencies, shall receive the information provided for in Article 76 of Regulation (EC) No 796/2004 and Article 34 of Regulation (EC) 1975/2006, which it shall transfer to the European Commission.

2. In order to meet the requirements laid down in Article 76 (1) of Regulation (EC) No 796/2004 within the time limits laid down, the autonomous communities shall forward to the FEGA by 15 June a report corresponding to the previous calendar year, which shall be collect the results of the checks, the specialised control bodies and the other information referred to in that paragraph.

3. In order to comply with Article 76 (2) of Regulation (EC) No 796/2004, the autonomous communities shall forward to the FEGA, by 30 September each year, the information relating to the area declared by the applicants. as permanent pasture, as well as the total land area declared.

Single repeal provision. Regulatory repeal.

Royal Decree 2352/2004 of 23 December on the application of cross-compliance in relation to direct aid within the framework of the common agricultural policy is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. of the Constitution, which reserves the State competence in terms of bases and coordination of the general planning of economic activity.

Final disposition second. Faculty of development.

1. The Minister for the Environment, and the Rural and Marine Environment, is empowered to make the necessary provisions for the implementation of this royal decree in the field of its powers. It is also empowered to amend the dates referred to in Article 9.

2. Furthermore, without prejudice to the application of this royal decree, the Minister for the Environment, and the Rural and Marine Environment are empowered to make, where appropriate, the specific provisions for the implementation and adaptation of the system of cross-compliance. direct aid to the specific characteristics of the Autonomous Community of the Canary Islands.

Final disposition third. Entry into force.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State" and shall have effect from 1 January 2009.

Given in Madrid, April 3, 2009.

JOHN CARLOS R.

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

ELENA ESPINOSA MANGANA

ANNEX I

Legal requirements for management (community and state rules)

Scope

Community Directives and Regulations: Acts	Articles reference: Requirements	National Reference
.	1. Dir. 79/409 conservation of wild birds.	Art. 3 and 4: Preserve the spaces that constitute the natural habitats of migratory, threatened and endangered bird species. Art. 5: General protection regime for all species of birds.	Law 42/2007 of Natural Heritage and Biodiversity. Royal Decree 1997/1995, of 7 December, by establishing measures to help ensure biodiversity through the conservation of natural habitats and wild fauna and flora
		2. Dir. 80/68 protection of groundwater against pollution.	Art. 4 and 5: Prevent the introduction of certain dangerous substances into the groundwater.	Royal Decree 849/1986 of 11 April, approving the Hydraulic Public Domain Regime.
	3. Dir. 86/278 protection of the environment and in particular soils in the use of sewage sludge in agriculture.	Art. 3: Compliance with national regulations regarding the use of sludge in agriculture.	Royal Decree 1310/1990 of 29 October on the use of sewage sludge in the agricultural sector. Order of 26 October 1993, which is developed by Royal Decree 1310/1990 of 29 October on the use of sewage sludge in the agricultural sector
	4. Dir. 91/676 protection of waters against pollution caused by Nitrates.	Articles 4 and 5: Compliance with the measures laid down in the action programmes, in agricultural holdings and livestock located in areas declared by the Autonomous Community as vulnerable zones.	Royal Decree 261/1996 of 16 February on the protection of waters against pollution caused by the Nitrates from agricultural sources
	5. Dir. 92/43 conservation of natural habitats and wild flora and fauna.	Art. 6: Conservation of habitats and species of the Natura 2000 network. Art. 13: Prohibition of collecting, as well as intentionally cutting, starting or destroying in nature the species listed in Annex V. b) of Law 42/2007, in its area of natural distribution.	Law 42/2007 of Natural Heritage and Biodiversity. Royal Decree 1997/1995, of 7 December, establishing measures to help ensure biodiversity through the conservation of habitats natural and wild fauna and flora
	6. Dir. 2008 /71/EC identification and registration of pigs.	Art. 3: Registration of pig holdings by Member States. Art. 4: Conditions of records of holdings of animals of the porcine species. Art. 5: Requirements for identification and movement of animals of the porcine species.	Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of animals of the porcine species. Royal Decree 479/2004 of 26 March establishing and regulating the General Register of livestock holdings. Royal Decree 728/2007 of 13 June, by the general register of livestock movements and the general register of livestock movements is established and regulated individual animal identification
	7. Regulation (EC) No 1760/2000 System for the identification and registration of bovine animals and the labelling of beef and veal and their products.	Art. 4: Requirements and conditions for the eartag of the bovine species. Art. 7: Requirements and conditions of the passport and the registration of bovine animals.	Royal Decree 1980/1998 of 18 September establishing a system for the identification and registration of bovine animals. bovine animals. Royal Decree 479/2004 of 26 March establishing and regulating the General Register of livestock holdings. Royal Decree 728/2007, 13 June, for which the general register of livestock movements and the register is established and regulated individual animal identification
	8. Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and the of Regulation (EC) No 21/2004 1782/2003 and Directives 92/102/EEC and 64 /432/EEC (OJ L 5, 9.1.2004, p.8).	Articles 3, 4 and 5. Check the correct identification and registration of ovinocaprino cattle.	Royal Decree 947/2005, of July 29, establishing a system for the identification and registration of animals of the ovine and caprine species. Royal Decree 479/2004 of 26 March establishing and regulating the Register of livestock holdings. Royal Decree 728/2007 of 13 June 2001 that the general register of livestock movements and the general register of livestock movements is established and regulated Individual animal identification
health and veterinary and phytosanitary issues.	9. Council Directive 91 /414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).	Article 3: Correct information of authorized plant protection products and the existence of the registration thereof.	Royal Decree 2163/1994, 4 of November, for which the harmonised Community information system is implemented to market and use plant protection products
	10. Council Directive 96 /22/EC of 29 April 1996 prohibiting the use of certain substances having a hormonal or thyrostatic action and of beta-agonists in livestock farming and repealing Directives 81/602/EEC, 88 /146/EEC and 88 /299/EEC (OJ L 125, 23.5.1996. p. 3.	Items 3, 4. 5 and 7: Check that there is no use in the holding, unless there is an information, unauthorised substances, do not administer such substances to animals (except for exceptions for zootechnical or therapeutic treatments) and not on the market animals to which unauthorised substances or products have been supplied to them and in the case of information on authorised products, that the time limit for such products has been respected.
	11. Regulation (EC) No 178/202 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food information, establishing the European Food Information Authority and laying down the conditions for the establishment of such information procedures for food safety (OJ L 31, p. 1.2 2002, p.1).	Art. 14: Products from the holding intended to be marketed as food must be safe. Art. 15: Check that livestock farms for food production do not exist or are given to animal feed that is not safe. Art. 17 (1) (*): Hygiene of food and feed products (developed by Regulations (EC) No 852/2004 and 183/2005, and hygiene of products of animal origin (developed by Regulation (EC) No 853/2004). Art. 18: Traceability. Identification of operators who have supplied to a holding feed, food, animals for food production, or substances intended for incorporation into a feed or food and identification of the operators to which the The exploitation of your products. Art. 19 and 20: Responsibilities of feed/food business operators.	Royal Decree 821/2008 of 16 May 2008 on the conditions for the application of Community legislation in the field of animal health feed hygiene and the general registration of establishments in the animal feed sector is established as regards the obligations arising out of the provisions of the specific Community legislation. The following are the case-law of the European Union: holders of agricultural and forestry holdings in the recording of information on the use of plant protection products
	12. Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ 2001 L 147, 31.5.2001 pl1).	Art. 7: Respect animal feed bans. Art. 11: Compliance with the notification of transmissible spongiform encephalopathies. Art. 12: Adoption of measures concerning suspect animals. Art. 13: Adoption of the measures resulting from the confirmation of the presence of transmissible spongiform encephalopathies. Art. 15: Puesta on the market of live animals, sperm, their eggs and embryos.	Law 8/2003, of April 24, of animal health: regarding the obligations arising from the provisions of the specific community regulations
Notification of diseases.	13. Council Directive 85 /511/EEC of 18 November 1985 laying down Community measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p.11).	Art. 3: Compliance with the notification of foot-and-mouth disease.	Royal Decree 2179/2004 of 12 November establishing measures to combat foot-and-mouth disease
	14. Council Directive 92/119/EEC of 17 December 1992 laying down general Community measures for the control of certain animal diseases and specific measures in respect of swine vesicular disease (OJ 1992 L 327, 22.12.2000, p.74).	Art. 3: Compliance with the notification of swine vesicular disease and other notifiable diseases listed in Annex I of the Directive.	Royal Decree 654/1994, of 15 April, by the general measures to combat certain animal diseases and specific measures against swine vesicular disease are established.
		. Council Directive 2000 /75/EEC of 20 November 2000 laying down specific provisions concerning measures for the control and eradication of bluetongue (OJ 2000 L 327, 22.12.2000, p.  74)	Art. 3: Compliance with the compulsory notification of bluetongue or bluetongue.	Royal Decree 1228/2001 of 8 November establishing specific measures for the control and eradication of bluetongue or bluetongue
	welfare.	16. Council Directive 91 /629/EEC of 19 November 1991 on minimum standards for the protection of calves (OJ L 340, 11.12.1991, p.  28).	Art. 3: Conditions of calf holdings. Art. 4: Conditions for the rearing of calves.	Law 32/2007 of 7 November for the care of animals, in their exploitation, transport, experimentation and slaughter: as regards the obligations arising from the provisions of the specific Community legislation. Royal Decree 1047/1994 of 20 May on minimum standards for the protection of calves.
		17. Council Directive 91 /630/EEC of 19 November 1991 on minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p.  33.	Art. 3: Conditions for pig holdings. Art. 4 (1): Conditions relating to the rearing of pigs.	Law 32/2007 of 7 November 2007 for the care of animals on their holding, transport, testing and slaughter: obligations arising from the provisions of the specific Community legislation. Royal Decree 1135/2002 of 31 October on minimum standards for the protection of pigs.
		18. Council Directive 98 /58/EC of 20 July 1998 on the protection of animals in livestock holdings (OJ 1998 L 221, 8.8.1998, p. 23).	Art. 4: Animal husbandry and maintenance conditions.	Law 32/2007 of 7 November 2007 for the care of animals, in their exploitation, transport, experimentation and slaughter: obligations arising from the provisions of the specific Community legislation. Royal Decree 348/2000 of 10 March, incorporating Directive 98 /58/EC on the protection of animals on livestock holdings in the legal order

(*) Implemented by:

Regulation (EC) No 852/2004: Article 4 (1) and Annex I Part A [II4 (g, h, j), 5 (f, h), 6; III 8 (a, b, d, e), 9 (a, c)].

Regulation (EC) No 853/2004: Article 3 (1) and Annex III Section IX Chapter 1 (I-1 b, c, d, e; I-2 a (i, ii, iii), b (i, ii), c; I-3; I-4; I-5; II-A 1, 2, 3, 4; II-B 1 (a, d), 2, 4 (a, b)), Annex III Section X Chapter 1 (1).

Regulation (EC) No 183/2005: Article 5 (1) and Annex I, Part A, (I-4 e, g; II-2 a, b, e), Article 5 (5) and Annex III (1, 2), Article 5 (6)

Regulation (EEC) No 2377/90: Articles, 2, 4 and 5.

Regulation (EC) No 396/05: Article 18.

ANNEX II

Good Agricultural and Environmental Conditions

1. Standards required to prevent erosion.

a) Minimum floor coverage.

1. Herbal Crops.

In the agricultural plots of secano that are planted with herbaceous winter crops, the soil must not be tilled between the date of harvest of the previous harvest and September 1, date that is established as reference to the start of the chair, except for the production of secondary crops, as set out in Royal Decree 1612/2008 of 3 October on the application of direct payments to agriculture and livestock farming.

However, in order to favor the implantation of the plant cover with arable crops and for agronomic reasons, such as double harvests, climate and soil typology, it will be possible to establish in certain areas starting dates (a) more adapted to their local conditions, as well as appropriate working techniques.

2. Woody Crops.

In the case of the olive grove in slope equal to or greater than 10%, in which the bare soil is maintained in the trees of the olive trees by the application of herbicides, it is necessary to maintain a vegetable cover of minimum width of 1 Metro in the streets transverse to the line of maximum slope or in the streets parallel to the line, when the design of the plot or the irrigation system prevents its establishment in the other direction. However, at the time when it may compete with the crop, the cover may be disposed of by chemical or mechanical methods and may be incorporated by surface work, in accordance with the requirements laid down in paragraph 1.b.2. of this standard.

No foot of woody crops located in enclosures of a slope equal to or greater than 15% shall not be started unless it is the subject of replacement authorised by the competent authority and in those areas in which it is establish and in such cases respect the rules for their cultural and varietal reconversion and changes in cultivation or exploitation.

The provisions in both paragraphs shall not apply when the actual slope of the enclosure is compensated by terraces or benches.

3. Fallow and withdrawal lands.

In the set-aside or fallow land, some of the following practices shall be performed: traditional cultivation, minimum laboring or maintenance of a suitable plant cover, either spontaneous or through the planting of better species.

In an alternative to the maintenance of a plant cover, or to supplement the traditional working or the working minimum and for fertilisation purposes, a maximum total quantity of 20 tonnes per hectare may be incorporated. (t/ha) of manure or 40m³/ha of slurry every three years, where the immediate sowing or implantation of a crop is foreseen, and in accordance with the provisions of Royal Decree 261/1996 of 16 February on the protection of waters against pollution caused by nitrates from agricultural sources.

b) Minimum land management that respects the site-specific conditions.

Laboreo adapted to the conditions of the slope.

1. Herbal Crops.

On surfaces intended for arable crops, the land must not be tilled in the direction of the maximum slope when, in the cultivated areas, the average slope exceeds 10%, unless the actual slope of the enclosure is compensated by terraces or benches.

2. Woody Crops.

In vineyard, olive groves and dried fruit crops must not be tilled in favor of the slope of the earth in enclosures with slopes greater than 15 percent, unless special forms of cultivation are adopted as terraces or -benches, girdles, a conservation work, or a cover for total vegetation of the soil. In the event of the existence of seats, it will be mandatory to avoid any kind of work that affects the structure of existing slopes.

The provisions of paragraphs 1 and 2 shall not apply in the case of plots of cultivation of a surface equal to or less than one hectare, in the case of irregular or elongated plots of cultivation whose minimum size is in the sense of Transverse to the slope is less than 100 meters and when, for reasons of maintenance of the traditional productive activity, those techniques of conservation agriculture are determined and authorized by the competent administration consider appropriate. In all cases, the cultivation will be done as quickly as possible to prevent soil from being affected by erosion.

Areas with high risk of erosion.

Restrictions to be established by the competent authority to prevent degradation and loss of soil should be respected.

c) Retention Terraces.

The retention terraces must be maintained in good condition, with their drainage capacity, avoiding the landing and collapse and, in any case, the appearance of caravas.

2. Standards required to preserve soil organic matter.

stubble management.

1. No stubble may be burned at all national level unless, for plant health reasons, the burning is authorised by the competent authority in which case it shall be subject to compliance with the rules laid down in fire prevention, and in particular those relating to the minimum width of a perimeter strip when the land is adjacent to forest land.

2. When the harvest remains of arable crops and the pruning of woody crops are eliminated, it must always be carried out in accordance with the rules laid down.

3. Standard for avoiding compaction and maintaining the structure of soils: Use of appropriate machinery.

On saturated soils, as well as on encased land, except for paddy fields, or with snow, no work should be carried out or pass or permit the passage of vehicles on the ground, except in those cases considered to be necessary. by the competent authority.

For these purposes, it is considered cases of need related to the operations of harvest harvesting, paid for quilt, phytosanitary treatments, management and supply of food to the livestock, which coincide accidentally with rainy seasons.

4. Standards to ensure a minimum level of maintenance and to prevent the deterioration of habitats.

a) Maintenance of permanent pasture.

The areas of permanent pasture must be maintained under appropriate conditions, preventing their degradation and invasion by scrub. To this end, it shall be possible to maintain a minimum level of effective livestock load, which shall always be equal to or greater than 0,1 UGM/ha. Above this minimum level, the minimum and maximum levels of effective livestock loading which are considered to be most appropriate according to different agro-ecosystems may be established on the basis of the type of pasture and local conditions. In case of slopes greater than 20% the Autonomous Communities may establish a lower load.

Alternatively, in the event of failure to achieve the appropriate levels of effective livestock loading, it will be mandatory to carry out appropriate maintenance work to prevent the degradation of the permanent pasture in question and its invasion by scrub.

b) Protection of permanent pasture.

No burning or rolling of permanent pasture, except for vegetation regeneration, and in the case of regeneration by burning shall be necessary the prior authorization and control of the Administration competent. In any case, the adoption of measures for the protection of trees in the area of burning and its environment will be mandatory.

c) Maintenance of structural elements.

An alteration of the structural elements defined in Article 2 of this royal decree may not be effected without the authorization of the competent authority. The construction of stops for the correction of ramblas, reguers and benches, as well as the operations of land refining to be carried out in those plots to be used for the cultivation of rice and other crops, are exempted from this obligation. irrigation.

d) Prohibition of booting olive trees.

Where the competent authority of each Autonomous Community considers that there is a high risk of abandonment of agricultural production, depopulation or other reasons as advised, it may establish areas in which it may not start olive trees without these being replaced.

e) Prevention of agricultural land invasion by undesired spontaneous vegetation.

The maintenance of the parcels under conditions appropriate to their cultivation shall be mandatory, by means of the control of the undesired spontaneous vegetation and, if necessary, the competent authority may determine for each zone, the time cycle and the list of plant species that is mandatory to control.

Such an obligation shall be without effect only in those exceptional campaigns where, as a result of adverse weather conditions, it has been impossible to proceed at the appropriate time to disposal.

f) Maintenance of olive groves and vineyards in good vegetative state.

1. Do the pods with the traditional frequency of each zone for the maintenance of the olive trees in good vegetative state.

2. Do the pods with the traditional frequency of each zone for the maintenance of the vineyards in good vegetative state.

g) Maintenance of habitats.

1. No residual materials from agricultural or livestock activities may be abandoned or dumped on land in a pool or with snow or on current or stagnant waters.

2. No plant protection products, fertilizers, sewage sludge, compost, purines or sprouts may be applied or the machinery used for such applications on encased or snow-covered land shall not be cleaned. currents or stagnating. The application of fertilizers and plant protection treatments on rice-growing plots is exempted from this prohibition.

3. In order to avoid the risk of filtration and contamination of surface and ground water, livestock holdings in permanent or semi-permanent stables must dispose of and use storage tanks or pits, natural or artificially watertight waterproofing, watertight or otherwise, with adequate capacity or, where appropriate, the justification of the system for the removal of the sprouts and slurry from the holding.

h) Water use and irrigation.

1. For irrigated areas, the farmer must credit his right of use of irrigation water granted by the competent hydraulic administration.

2. The holders of the administrative concessions of waters and all those who for any other title have the right to their private use will be obliged to have the systems of control of the irrigation water established by the respective competent hydraulic administrations in such a way as to ensure accurate information on the water flows actually used.