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Royal Decree 560/2009 Of 8 April, Amending Royal Decree 1612 / 2008, Of 3 October, On The Application Of The Direct Payments To Agriculture And Livestock.

Original Language Title: Real Decreto 560/2009, de 8 de abril, por el que se modifica el Real Decreto 1612/2008, de 3 de octubre, sobre la aplicación de los pagos directos a la agricultura y a la ganadería.

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TEXT

Royal Decree 1612/2008 of 3 October on the application of direct payments to agriculture and animal husbandry has established the rules of application for Spain of the Community regulations governing these aids. Among these, the Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct aid schemes in the framework of the common policy and establishing certain conditions for the implementation of the common agricultural policy aid schemes for farmers and certain Community regulations are amended.

Recently, Council Regulation (EC) No 1782/2003 of 29 September 2003 has been repealed by Council Regulation (EC) No 73/2009 of 19 January 2009 laying down common rules for the direct support schemes for farmers under the common agricultural policy and for the establishment of certain aid schemes for farmers and amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 1290/2005, No 378/2007 and Regulation (EC) No 1782/2003 is repealed. By way of derogation from Council Regulation (EC) No 1782/2003 of 29 September 2009, aid schemes which will only be integrated into the single payment scheme from 2010 onwards should be applied during 2009.

This new regulation materializes the modifications adopted in the framework of the last reform called colloquially "the Medical Check of the Common Agricultural Policy". It basically adjusts certain elements of direct aid and moves towards simplification of the single payment scheme. Some of the provisions of this Regulation enter into force from the beginning of 2009 and others from 2010. The first ones assume measures established in a fixed manner in the Regulation and are the object of this royal decree, which modifies with urgency the Royal Decree 1612/2008, of October 3.

Within the second provisions, which will enter into force since 2010, there are some that are also fixed and others represent a margin of flexibility for each country, within the European Union, to hold its own elections. All this, once the corresponding decisions are taken in Spain and given that they will mean a change in greater depth, will be the object of another future royal decree that will definitively repeal the Royal Decree 1612/2008, of October 3, that by It follows, however in force, with the amendments introduced by this Royal Decree, for the purpose of facilitating the application in 2009 of the rules which Regulation (EC) No 73/2009 declares applicable already this year.

Therefore, within the modifications, which this royal decree contains, the abolition of the obligation to set aside land from 1 January 2009, for which the withdrawal rights previously established, stands out. may justify on the hectares subject to the same eligibility conditions as any other right. For this reason, the concept of eligible hectare has been amended by including certain forest areas and areas subject to certain environmental commitments. In addition, farmers will be able to use the eligible hectares to justify withdrawal rights under the same conditions as the normal payment entitlements, thereby eliminating the provisions on the use of the rights of withdrawn.

The increase in modulation to direct payments and the fact that modulation will be applied only on the amount above the 5,000 euros granted to a farmer is also highlighted. Due to this simplification and unlike previous years, a reduction will not be made to then refund it to the same holders, so the payment of the additional amount of aid has been eliminated.

Another amendment is that the period set for reintegrating the unused payment entitlements into the national reserve has been reduced from three years to two years, applying to all types of payment entitlements. In addition, the set-aside rights and the rights deriving from the national reserve shall be equated with the use and disposal of the normal payment entitlements.

Other modifications, which are included in this royal decree, are due to other rules related to aid to agriculture, such as changes in the requirements for the payment of hemp acreage. for the production of fibre by requiring the use of varieties which are included in the Common Catalogue of varieties of agricultural plant species, in compliance with Commission Regulation (EC) No 1124/2008 of 12 December 2008. November 2008, amending Regulations (EC) No 795/2004, (EC) No 796/2004 and (EC) No 1973/2004, in respect of for hemp varieties eligible for direct payments in accordance with Council Regulation (EC) No 1782/2003.

Finally, modifications are made as a result of the experience gained in the application of the direct payments system. One is the elimination of the requirement to have a contract for the supply of cow's milk approved for the collection of payments under Article 69 in the milk sector, since the short time since the approval of the contract has been insufficient for the proper dissemination between the producer sector of the existence and value of that contract. Others are the changes in the articles concerning cotton in order to make it easier for the autonomous communities to manage aid in this sector. Similarly, in the sugar sector the date on which the industries are to send deliveries is specified, the request for the single application that farmers must make to receive payment of the aid and the period of payment of the aid.

In the preparation of this provision, the autonomous communities and representative entities of the sectors concerned 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 April 8, 2009,

DISPONGO:

Single item. Amendment of Royal Decree 1612/2008 of 3 October on the application of direct payments to agriculture and livestock farming.

Royal Decree 1612/2008 of 3 October on the application of direct payments to agriculture and animal husbandry is amended as follows:

One. Article 1.1 (a) is worded as follows:

(a) Single payment for rightholders granted under Article 1 of Council Regulation (EC) No 73/2009 of 19 January 2009 laying down common rules for direct aid schemes to farmers within the framework of the common agricultural policy and certain aid schemes for farmers and amending Regulations (EC) No 1290/2005, No 247/2006, No 378/2007 and repealing Regulation (EC) No 1290/2005 are introduced. 1782/2003, which encompasses the decoupled aid listed in Annex I to this royal decree. '

Two. Article 1 (2) shall be deleted.

Three. Article 4 (1) is worded as follows:

" 1. Direct payments may not exceed the limit laid down for each aid line, or the overall limit set out in Annex IV to Council Regulation (EC) No 73/2009. '

Four. Article 6 (1) and (2) shall be worded as

:

" 1. Any farmer who is required to grant, in the 2009 marketing year, a total amount of direct payments the amount of which is greater than 5000, and only the amount above the 5000 shall be reduced by 7%.

2. The percentage reduction provided for in paragraph 1 shall be increased by four percentage points for the amounts of direct payments exceeding EUR 300 000, with this increase not being applicable for the first EUR 300 000. '

Five. Article 6 (3) is deleted.

Six. Article 8 is worded as follows:

" Article 8. National Reserve.

The national reserve, established on the basis of Article 41 of Council Regulation (EC) No 73/2009, shall henceforth be incorporated in the amounts referred to in that Regulation, in particular:

(a) The amounts of the rights not used as provided for in Article 42 of Council Regulation (EC) No 73/2009, except in cases of force majeure and exceptional circumstances laid down in Article 31 of the Council Regulation (EC) No 73/2009.

(b) All amounts withheld by application of the percentages deducted as a result of the sales and disposals referred to in Article 43.3 of Council Regulation (EC) No 73/2009, carried out in accordance with the established in this royal decree. "

Seven. Article 9.2 (b) is worded as follows:

" (b) New farmers who have made their first installation in the field of a Rural Development Programme established on the basis of Council Regulation (EC) No 1698/2005 of 20 September 2005 on aid rural development through the European Agricultural Fund for Rural Development (EAFRD), starting its activity in some of the sectors already incorporated in the Single Payment Scheme. "

Eight. Article 9.2 (c) is worded as follows:

" (c) New farmers who have received single payment entitlements from the national reserve in the immediate past allocation have submitted applications for assistance from the national reserve after that request. in accordance with Article 109.3 of Royal Decree 1612/2008. '

Nine. Article 9.2 (d) is worded as follows:

" (d) Farmers whose holdings are located in areas subject to restructuring or development programmes relating to some form of public intervention such as irrigation, concentrations or parcelariats and beneficiaries of national reserve rights for livestock programmes in order to prevent the abandonment of land or to compensate for specific handicaps for farmers in those areas, as provided for in Article 41.3 of the Council Regulation (EC) No 73/2009. However, the allocation provided for in this paragraph will only take place if, once the expected cases of judgments and new farmers are taken into account, there is remaining in the reserve. "

Ten. Article 10 (6) is deleted.

Once. Article 11 (3) is worded as follows:

" 3. For the purposes of the use of the payment entitlements, the normal payment entitlements of the highest amount shall be deemed to have been used in the first place. The payment entitlements of the same value shall be deemed to be used according to the numbering order they hold. '

Twelve. Article 11 (4) is deleted.

Thirteen. Article 12 is worded as follows:

" Article 12. Unused payment entitlements.

Any aid entitlement that has not been used for a period of two years shall be incorporated into the national reserve, except in cases of force majeure or exceptional circumstances. However, during 2009 the unused payment entitlements during the 2007-2008 biennium will not be added to the national reserve if they were used in 2006, and during 2010 the unused payment entitlements during the 2008-2009 biennium will not be added to the national reserve if they were used in 2007. "

Fourteen. Article 14 is worded as follows:

" Article 14. Eligible hectares.

1. Agricultural areas of the holding, including areas planted with short-rotation forest plants (CN code ex 0602 90 41), shall be considered eligible for the purposes of the justification of the normal payment entitlements. those occupied by forests or those used predominantly for non-agricultural activities, except in the case of areas devoted to the production of fruit and vegetables where only the areas with tomatoes shall be considered eligible for processing, surfaces with yellow meat peaches suitable for processing, surfaces with perals of the varieties Williams and Rocha, surfaces with plums of the variety of Ente, surfaces with fig trees and vine surfaces for wine-making and for the production of grapes of the variety Moscatel.

2. Areas used to justify single payment entitlements in the year 2008 shall also be considered eligible hectares, and that:

(a) Hayan no longer complying with the definition of 'admissible' as a result of the application of Council Directives 79 /409/EEC of 2 April 1979 on the conservation of wild birds and 92 /43/EEC of the Council of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy, or

(b) during the course of the corresponding commitment of each farmer, be afforested in accordance with Article 31 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development the European Agricultural Guidance and Guarantee Fund (EAGGF) or Article 43 of Regulation (EC) No 1698/2005 or under a national scheme whose conditions are in accordance with Article 43 (1), (2) and (3) of that Regulation. Regulation and

(c) during the course of each farmer's corresponding commitment, be a surface which has been withdrawn from production in accordance with Articles 22 to 24 of Regulation (EC) No 1257/1999 or Article 39 of the Regulation (EC) No 1698/2005.

3. Except in cases of force majeure or in exceptional circumstances, the hectares shall meet the eligibility criteria at all times during the calendar year in which the application is submitted. '

Fifteen. The second paragraph of Article 15 is worded as follows:

" On the other hand, secondary crops, as provided for in Article 1 (1) (i) and (j) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a European Organisation for the European Union (EC) No 1234/2007, may be carried out. agricultural markets and specific provisions are laid down for certain agricultural products, with the exception of potatoes other than those used for the manufacture of starch, for a maximum period of three months from the date of established for that purpose in Annex I to Regulation (EC) No 795/2004. "

Sixteen. Articles 18, 19 and 20 are deleted.

seventeen. Article 21 is worded as follows:

" Article 21. Assignment of payment entitlements.

1. The payment entitlements may be transferred between farmers established throughout the national territory, with the exception of the Autonomous Community of the Canary Islands, either for sale, lease or for any other form accepted in law.

2. The sale of the payment entitlements can be made with or without land. In cases of lease of rights it shall be accompanied by the transfer of an equivalent number of eligible hectares for the same period of time.

3. All the payment entitlements that are not to be used may be voluntarily given to the national reserve.

4. In the case of transfers of fractions of rights, with or without land, the calculation and allocation of the value of the right shall be carried out in accordance with the proportional criteria of Article 3.3 of Commission Regulation (EC) No 795/2004 of 21 December 2004. April.

5. In the event of the transfer of the special rights, the exemption from the obligation to establish a number of eligible hectares equal to the number of payment entitlements laid down in Article 11 (2) shall be maintained only if all the rights of aid subject to the derogation, in this case considering a transfer of payment entitlements with land.

6. In the event that the assignment of special rights is partial, the rights transferred will be normal, not being able to request the restoration of the special conditions for the same. "

Eighteen. Article 23 (2) is worded as follows:

" 2. The transferor shall communicate the transfer of the payment entitlements to the competent authority in respect of which it has submitted its last single application, giving the necessary documents, on the basis of the type of transfer, to the competent authority for the purposes of the transfer. accredit the same. The communication period shall start on 1 November and shall end six weeks before the end of the deadline for the submission of the single application for the following year.

The cession shall be understood to have been accepted if at six weeks since the communication the competent authority has not given a reasoned notification of its opposition. The assignment may be opposed only where the transfer does not comply with the provisions of Council Regulation (EC) No 73/2009 of 19 January 2009 and of Commission Regulation (EC) No 795/2004 of 21 April 2004. '

nineteen. Article 24 (1) shall read as

:

" 1. In compliance with Article 18 and in accordance with the provisions of Council Regulation (EC) No 73/2009 of 19 January 2009 and Article 7 of Commission Regulation (EC) No 796/2004 of 21 April 2004, the Ministry of Education and the European Environment, and the Rural and Marine Environment, a system for the identification of national-level support rights, which will have an electronic register containing at least the following elements:

a) Holder or rightholders with an indication of their CIF or NIF.

b) The value of the rights.

c) The date of the constitution of each right.

d) The date of the last use of the rights.

e) The origin of the right, as listed in Annex II.

(f) The type of entitlement as referred to in Annex II.

g) In special rights, the number of UGM of the reference period.

h) Year of entitlement allocation.

i) Indication of whether the right is temporarily leased to another holder. "

Twenty. Article 33 (b) is worded as follows:

"(b) In the case of hemp, the use of certified seed listed in the" Common catalogue of varieties of agricultural plant species " on 15 March of the year in respect of which the payment is granted and published in accordance with Article 17 of Directive 2002/53/EC, with the exception of the varieties Finola and Tiborszallasi. '

Twenty-one. Article 35 (3) is worded as follows:

" 3. Land set aside in the framework of this Article shall comply with the following

:

(a) The fallow shall be carried out by means of traditional systems of cultivation, of minimum working or maintaining an appropriate plant cover, both spontaneous and cultivated, to minimize the risks of erosion, of occurrence of fires, weeds, pests and diseases, preserve the salt profile of the soil, the productive capacity of the soil and promote the increase of biodiversity.

(b) Applications of authorised herbicides shall be carried out with those which have no residual effect and are of low hazard.

(c) In the case of maintaining a plant cover, the cover may not be used for seed production or used under any concept for "agricultural" purposes before 31 August or before the next 15 January in the case of: production of crops intended to be marketed, except in those areas provided for in Article 32 (3) of Commission Regulation (EC) No 795/2004 of 21 April 2004. '

Twenty-two. A paragraph 5 is added to Article 35 with the following wording:

" 5. In the cases referred to in Article 32 (5) of Regulation (EC) No 795/2004 of 21 April 2004, the autonomous community may authorise all producers concerned to use the land which they have declared withdrawn from production. for animal feeding purposes for non-profit making use. The Autonomous Community shall notify each duly justified authorisation to the Ministry of the Environment, and the Rural and Marine Environment to notify the European Commission thereof. '

Twenty-three. The first paragraph of Article 47 is read as follows:

"Specific aid per eligible hectare shall be granted to cotton producers in accordance with Article 88 et seq. of Council Regulation (EC) No 73/2009 of 19 January 2009."

Twenty-four. Article 48 (3) is worded as follows:

" 3. The autonomous communities may establish minimum crop yields as an indicative factor in the context of compliance with Article 30 of Council Regulation (EC) No 73/2009 of 19 January 2009. '

Twenty-five. The first paragraph of Article 60 is read as follows:

" For the 2009 marketing year, the transitional area aid provided for in Article 96 et seq. of Council Regulation (EC) No 73/2009 of 19 January 2009 shall be granted for farmers producing citrus fruits with a target a conversion provided that they comply with the conditions laid down in Community and national rules. "

Twenty-six. Article 68 is worded as follows:

" Article 68. Object.

For the years 2009 and 2010, the transitional area aid provided for in Article 96 of Council Regulation (EC) No 73/2009 of 19 January 2009 shall be granted for farmers producing tomatoes with a view to processing provided that they comply with the conditions laid down in Community and national rules. "

Twenty-seven. Article 74 (1) is hereby worded as

:

" 1. Processors who are authorised to participate in the aid scheme on the basis of Council Regulation (EC) No 2201/96 of 28 October, which have been acting as such in one of the three marketing years preceding the 2008-2009 marketing year, shall be deemed to be authorised, as shall those processors who have been authorised during that marketing year. '

Twenty-eight. The second paragraph of Article 76.2 is read as follows:

" Before 15 August of the year following the single application, the sugar industries which will transform beet or sugar cane through a contract to produce quota sugar will be sent to the competent bodies of the communities. (a) where the sugar factory is used for a ratio of all the producers and their deliveries in kilograms, expressed in quota sugar of current quality. The autonomous community, receiving the above data, shall forward to the appropriate competent authority the information relating to data on single applications not submitted in its territorial scope. '

Twenty-nine. A paragraph 4 is added to Article 76, with the following wording:

" 4. Producers of sugar beet or sugar cane who wish to obtain the aid provided for in this Article in charge of the marketing year 2009/2010 shall submit the contracts formalised with the sugar industries to the authority. competent of the autonomous community, in 2009, by 15 May at the latest for spring sowing and on 1 December for autumnal sowing. '

Thirty. Article 90 (3) shall be read as

:

" 3. For animals which at the time of slaughter are between 6 and 8 months of age, the slaughter establishment shall communicate the weight of the carcase to the competent authority in the form it determines. In addition, at the producer's request, the slaughter establishment shall issue a certification of the carcass weight for animals which at the time of slaughter are between 6 and 8 months. '

Thirty-one. Article 92 (1) is hereby worded as

:

" 1. The aid shall be granted to farmers who deliver a product of sound, fair and commercial quality, free of plastic waste, in the ginning, which complies with at least the following requirements:

a) Have a maximum moisture percentage of 12 percent.

b) Have a maximum percentage of foreign subjects of 5 percent.

The aid shall be paid per hectare of cotton in which a minimum production threshold per hectare is reached, determined by the corresponding autonomous community for each municipal term, and the production of which meets the requirements referred to in the preceding paragraph. "

Thirty-two. Point (d) of Article 106 is deleted.

Thirty-three. Article 113 (2) shall be deleted.

Thirty-four. Article 113 (3) is worded as follows:

" 3. The area for products with an energy destination is not eligible to benefit from the support provided for in Article 43 of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD), except as regards the costs of establishing fast-growing species. "

Thirty-five. Article 117 is worded as follows:

" 1. In general, the payments corresponding to the aid referred to in Article 1 shall be made between 1 December and 30 June of the following calendar year. Payments may be made up to two instalments.

2. The payment of the aid to sugar beet producers as set out in Article 76 of this royal decree shall be made in the period from 1 December to 15 October of the following calendar year.

3. The potato starch aid shall be paid to the farmers once the total quantities of potatoes corresponding to the marketing year have been delivered within four months of the date on which the proof of payment of the potato is submitted. minimum price on the part of the industry.

4. The advance payments provided for the suckler cow premium schemes, seed aid, potato aid for starch and tobacco aid shall be paid within the time limits and conditions laid down in Commission Regulation (EC) No 1973/2004 of 29 January 1999. October, for each of them.

5. For the slaughter premium scheme for calves, an advance equal to 40% of the amount corresponding to the eligible animals shall be paid.

6. Tobacco aid and advances, where appropriate, may be paid through the groups of tobacco producers, provided that the express and written consent of each of its members is recorded, the principle of integral payment and the principle of reimbursement to its members shall be made within 30 days of receipt by the pool.

Producers or groups of tobacco producers, at the explicit request of their members and on behalf and behalf of their members, may apply for advance payments after 16 September and up to 15 December of the year. of the harvest, for the quantities of tobacco which may be delivered, in accordance with the contract concluded, the maximum amount of which shall be equal to 50% of the aid eligible for payment, subject to the lodging of a security for that amount increased by 15 percent. Applications shall be accompanied by the documentation referred to in Article 171c (2) of Commission Regulation (EC) No 1973/2004 of 29 October.

The advances shall be paid to the beneficiaries by the paying agencies of the Autonomous Communities from 16 October of the year of the harvest, within 30 days of the submission of their application and of the provided proof of the lodging of the corresponding guarantee. "

Thirty-six. Article 119 (1) (b), number 1, is read as follows:

" 1. Regarding energy crops:

Before 31 August of the year in which the application is submitted, the representative returns established by the autonomous communities as provided for in Article 26 of Commission Regulation (EC) No 1973/2004 of 29 of October 2004.

Before 15 September of the year following the year of the submission of the application, the information on energy crops referred to in Article 3 (1) (b) (a) of Commission Regulation (EC) No 1973/2004 of 29 May October 2004. "

Thirty-seven. Article 119 (2) (b), number 3, is read as follows:

" 3. Once the assessment provided for in Article 80.2 of this royal decree has been carried out, the Autonomous Communities shall notify, before 30 June of the year preceding the year in which the amendment is applied, the areas which they no longer fulfil the criteria referred to in Article 101 (2) of Council Regulation (EC) No 73/2009 of 19 January 2009, as well as other areas which may meet these criteria and do not yet appear in Article 80.2. In the case of these potential new areas, they will provide a detailed justification for their proposal. "

Thirty-eight. Article 119 (3) is deleted.

Thirty-nine. Point (a) of paragraph 1 of the first provision is worded as follows:

" (a) In accordance with the provisions of Council Regulation (EC) No 73/2009 of 19 January 2009, the farmers referred to in Article 33.1.b.iii may benefit from the single payment scheme for the production of grapes which has subsequently been used for the manufacture of must not intended for wine-making in the reference period laid down in the following paragraph. '

Forty. In paragraph 2 of the first provision, the reference to 'Council Regulation (EC) No 1782/2003 of 29 September' is replaced by 'Council Regulation (EC) No 73/2009 of 19 January

'.

Forty-one. In point (b) of paragraph 3 of the first provision, the reference to 'Council Regulation (EC) No 1782/2003 of 29 September' is replaced by 'Council Regulation (EC) No 73/2009 of 19 January

'.

Forty-two. Point (a) of paragraph 4 of the first provision is worded as follows:

" (a) The provisional reference amount shall be calculated for the farmers referred to in paragraph 1 of this additional provision in accordance with the provisions of Annex IX to Regulation (EC) No 73/2009 Council, dated January 19. "

Forty-three. Point (b) of paragraph 4 of the first provision is worded as follows:

" (b) The provisional and definitive reference amounts for all farmers under the single payment scheme shall be affected by the limitations and reductions laid down in Article 40 of Regulation (EC) No 73/2009 of the Council of 19 January and other applicable provisions. "

Forty-four. In point (c) of paragraph 4 of the first provision, the reference to 'Regulation (EC) No 1782/2003 of the Council of 29 September' is replaced by 'Council Regulation (EC) No 73/2009 of 19 January 2009'.

Forty-five. In point (d) of paragraph 4 of the first provision, the reference to 'Article 40 of Council Regulation (EC) No 1782/2003 of 29 September' by 'Article 31 of Council Regulation (EC) No 73/2009 of 19 December 2009' is replaced by the following: ".

Forty-six. In the first subparagraph of paragraph 9 of the first provision, the reference to 'Article 40 of Council Regulation (EC) No 1782/2003 of 29 September' by 'Article 31 of Council Regulation (EC) No 73/2009 of 19 December 2009' is replaced by the following: January ".

Forty-seven. Point (a) of paragraph 10 of the first provision is worded as follows:

" (a) By actual or anticipated inheritance, in accordance with the provisions of Article 13 of Commission Regulation (EC) No 795/2004 of 21 April 2004. They shall have regard to the early inheritance, for these purposes, of the retirement of the agricultural activity in which the 'inter-living' heir is a first-degree family member of the holder of the provisional duties, and the approved programmes of an early cessation of agricultural activity. "

Forty-eight. In points (b) and (c) of paragraph 10 of the first provision, the reference to 'Council Regulation (EC) No 1782/2003 of 29 September' is deleted.

Forty-nine. Paragraph 11 of the first provision is deleted.

Fifty. In points (a) and (b) of paragraph 12 of the first provision, the reference to Articles 42.4 and 42.3 of Regulation (EC) No 1782/2003 of the Council of 29 September by Articles 41.4 and 41.2 of the Regulation (EC) is replaced by the following: Council Regulation (EC) No 73/2009 of 19 January 2009.

Fifty-one. The second additional provision is deleted.

Fifty-two. Point (c) of paragraph 1 of Annex II is deleted.

Fifty-three. The first paragraph of Annex III is worded as follows:

" In general, applicants shall relate in detail each and every parcel of their holding in accordance with the provisions of Council Regulation (EC) No 73/2009 of 19 January 2009 and in the Regulation. (EC) No 795/2004 of 21 April 2004. '

Fifty-four. The second paragraph of point 2 of Annex III is read as follows:

"Documents that reliably credit the start of activity within a Rural Development Program in the sectors already incorporated into the Single Payment Regime."

Fifty-five. The title of Annex X is replaced by the following: 'Obligations of applicants and recipients or first processors of the energy crop support scheme.'

Fifty-six. The title of paragraph I of Annex X is replaced by the following: 'Obligations of' applicants 'for aid to energy crops'.

Fifty-seven. The first subparagraph of paragraph I of Annex X is replaced by the following: 'Applicants for energy crops, in addition to the provisions of Article 38 of this Royal Decree, shall:'

Fifty-eight. The third subparagraph of paragraph I (c) of Annex X is deleted.

Fifty-nine. The title of paragraph II of Annex X is replaced by the following: II.  Obligations of the recipients and the first processors authorised under Article 38 of this royal decree.

Sixty. Paragraph II.3 of Annex X is read as follows:

" 3. The energy products laid down in Article 88 of Council Regulation (EC) No 1782/2003 of 29 September 2003 shall be obtained at the latest by a third processor. '

Sixty-one. In paragraph III.2 of Annex X, the first indent is replaced by the following:

after 'The first transformers shall':

"Having the appropriate production capacity for the manufacture of any of the energy products referred to in Article 24 (1)."

Sixty-two. Paragraph II.2 of Annex XIV is read as follows:

" 2. If the single payment is requested, it must be indicated that it is requested for all the rights it holds in the campaign in question, or, in the event of not applying for the single payment for all the rights, it must provide an identifying relation of the rights requested. Article 11 shall also be taken into account when it is established that, where the use of the rights is not 100 per cent, for the purposes of use of the rights in subsequent years, the first shall be considered to be the rights already used before.

Where farmers who have applied for payment of the single payment for special rights in previous marketing years decide to declare one or more of those payment entitlements with the corresponding number of hectares, they must indicate that expressly in their application and the same shall, from that time, be considered as normal payment entitlements. '

Sixty-three. Paragraph III.4 of Annex XIV is read as follows:

" 4. The use of the parcels in the following cases: permanent pasture, other forage areas, fallow and type thereof, hops, fruit and vegetables, permanent crops, potatoes for human consumption, crops or uses, of the schemes aid referred to in Titles I, II and IV of this royal decree and in the VI of Council Regulation (EC) No 73/2009 of 19 January 2009, including 'no cultivation' in the case of parcels declared exclusively for the purpose of justifying normal rights of single payment.

The uses not mentioned above may be declared under the heading 'other uses', in several different headings or in one.

The Autonomous Communities may exempt from the explicit declaration of the parcels corresponding to the uses indicated in Annex VI to Council Regulation (EC) No 73/2009 of 19 January, when they have such information in the framework of other management and control systems that are compatible with the Integrated System. "

Sixty-four. Paragraph III.5 of Annex XIV is read as follows:

" 5. The environmental fallow and afforestation shall be declared separately in accordance with Council Regulation (EC) No 1698/2005 of 20 September 2005. '

Sixty-five. Paragraph III. 8 of Annex XIV is deleted.

Sixty-six. The first four paragraphs of point V. 9 (d) of Annex XIV are replaced by the following:

" For animals slaughtered in another Member State:

In the case of animals aged between 6 and 8 months, certificate issued by the centre of slaughter, concerning the carcass weight of the animals included in the aid application.

In addition, certified copy of the Identification Document for exchanges of the animals included in the application and Certificates of Sacrifice of the same, in accordance with Article 90 of this royal decree. "

Sixty-seven. Point 3 of point V. 9 (f) of Annex XIV is read as follows:

" 3. In the case of an additional payment for the improvement of the quality of the raw milk, the acceptance of the completion of the Guide of Good Practice of Hygiene in Annex XX of this royal decree, or any other system that ensures the quality of the raw milk, must be attached. quality, provided that it is approved and verified by the competent authority. "

Sixty-eight. Annexes XXII, XXIV and XXVII are replaced by the references to "Council Regulation (EC) No 1782/2003 of 29 September" by "Council Regulation (EC) No 73/2009 of 19 January 2009."

Single end disposition. 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, on April 8, 2009.

JOHN CARLOS R.

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

ELENA ESPINOSA MANGANA