Key Benefits:
Regulation (EC) No 1182/2007 of the Council of 26 September 2007 laying down specific provisions for the fruit and vegetables sector, amending Directives 2001 /112/EC and 2001 /113/EC and the Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 implies the reform of the Common Organisation of the Markets in the fruit and vegetables sector In particular, new provisions on funds and programmes are set out in the operations. This Regulation has been developed by Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 Council in the fruit and vegetables sector. Currently, Royal Decree 16/2006 of 20 January on the funds and operational programmes of the fruit and vegetable producer organisations lays down the necessary provisions for programmes and funds laid down in the implementation of the common organization of the market. Since the reform of the CMOs allows the operational programmes approved under the previous regulations to be maintained until their completion in accordance with the said regulations, which can be extended until 2012, it is necessary to maintain Royal Decree 16/2006 of 20 January, as a legal framework for such programmes. However, the new Community legislation requires the adoption of a new national regulatory provision which will develop the arrangements for the provisions of Council Regulation (EC) No 1182/2007 of 26 September 2007 and (EC) No 1580/2007 of the Commission, of 21 December 2007, leave the Member States. Thus, Commission Regulation (EC) No 1580/2007 of 21 December 2007 provides that Member States are to determine the values to be included and those to be deducted from the value of the marketed production of the producer organisation, as well as the form and period to be calculated. Member States shall also ensure that the management of operational funds is carried out in such a way that expenditure and revenue can be identified and the subject of annual accounts and certification by auditors external. In the interests of clarity, it is appropriate to specify in detail in this royal decree what are the elements and documents to be submitted by producer organisations wishing to carry out an operational programme, as well as the specific costs involved. may be included in such programmes. It is also necessary to set the conditions for the associations of producer organisations to submit and manage partial operational programmes which will be composed of actions included in the operational programmes of the Member producer organisations. In addition, in accordance with Commission Regulation (EC) No 1580/2007 of 21 December 2007, Member States should specify the conditions under which the operational programmes for their implementation may be amended in years. and for the current year. The maximum amount of aid to be collected by producer organisations for the withdrawal of certain products from the market, the aid of which has not been fixed at Community level, should also be fixed. On the other hand, the supporting documents to accompany the request for assistance from the operational programmes, as well as the conditions and deadlines under which producer organisations may apply for advances and partial payments, should be laid down. of this aid. Finally, it is necessary to lay down transitional provisions to allow an appropriate passage between the old and the new rules. This basic regulation has been chosen by means of a royal decree due to the markedly technical nature of the legislation, and its frequent modification on the basis of Community rules, in accordance with the case-law of the Constitutional Court. In the elaboration of this royal decree, the autonomous communities and representative entities of the affected sectors have been consulted. In its virtue, on a proposal from the Minister for the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 23 May 2008,
D I S P O N G O:
CHAPTER I
General provisions
Article 1. Object.
1. This royal decree lays down the basic rules for the development of funds and operational programmes for the development of: Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific provisions for the implementation of the for the fruit and vegetables sector, Directives 2001 /112/EC and 2001 /113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 are amended and the Regulation (EC) No 2202/96.
Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 of the Council of fruit and vegetables.
2. This royal decree shall apply to producer organisations recognised in accordance with Article 4 and Article 55.2 of Regulation (EC) No 1182/2007 of the Council of 26 September and to associations of organisations of producers recognised under Article 5 of Council Regulation (EC) No 1182/2007 of 26 September 2007 and Article 55.2 of Council Regulation (EC) No 1182/2007 of 26 September 2007.
Article 2. Definitions.
For the purposes of this royal decree the following definitions are laid down: (a) "Competent Authority": It shall be the body designated by the Autonomous Community where it radiate the registered office of the producer organisation, or associations of these.
(b) "Filial": Within the framework of the definition set out in Article 21.1 (b) of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and for the purposes of this Royal Decree, and in particular for the calculation of the value of marketed production, hereinafter referred to as 'VPC', shall be understood to be any legal entity incorporated or constituted for the purpose of carrying out the marketing of fruit and vegetables, either as a fresh product or after processing by one or more producer organisations or by the subsidiary itself. The subsidiary may carry out this marketing either after a firm sale of the products of the producer organisation or through a service contract with the producer organisation. (c) "Investments and concepts of expenditure": Physical and budgetary identifiable units in which an action can be divided. (d) "National guidelines for environmental actions": Instructions for drawing up the specifications for environmental measures referred to in Article 12 of Council Regulation (EC) No 1182/2007 of 26 of September, and Article 58 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. (e) "National Strategy": A comprehensive programme of objectives and evaluation of the sustainable operational programmes referred to in Article 12 of Council Regulation (EC) No 1182/2007 of 26 September 2007 and Article 57 of Regulation (EC) No 121/2007 Commission Regulation (EC) No 1580/2007 of 21 December 2007. (f) "Specific costs" means the conventional costs, calculated as the difference between the traditional costs and the costs actually incurred in accordance with Annex VIII to Commission Regulation (EC) No 1580/2007 of 21 December December.
CHAPTER II
Value of marketed production
Article 3. Definition and calculation.
1. The term 'VPC' means the accounting value of the production of the members of the producer organisation, which is discharged in the reference period for which it is recognised, calculated in accordance with Article 52 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and in this Chapter.
2. The amount of the products sold shall be justified by the contribution of the relevant accounting documentation to the credit under the conditions laid down in Article 52 of Commission Regulation (EC) No 1580/2007 of 21 December 2001. 2007, referring exclusively to products, for which the producer organisation is recognised, from the producer partners themselves and deducting, where appropriate, the amounts set out in Article 7 of this Royal Decree. The production of the producer partners may be included in the production of the producer organisation itself. In the event that the organization does not have a differentiated account of the amounts of the sales of the products of its members and the sales of products acquired from third parties, the entity shall justify the method by which it has obtained the value for the products of the partners. All accounting entries shall be backed by invoices issued in accordance with Royal Decree 1496/2003 of 28 November 2003 approving the Regulation governing the invoicing obligations and amending the Regulation of the Value added tax and, where these are not payable, by signed receipts, bank statements or other supporting documents showing sufficient evidence of the amounts received from the sale of products, which must be presented, Requirement of the Administration for the verification referred to in paragraph 3. The value of products placed on the market through another producer organisation other than that which the producer belongs to, because it does not correspond to the latter's commercial activities, or because they are products representing a value (a) the marginal rate of the trade in the organization of the market shall be justified by a certificate from the marketing organisation. 3. The amount referred to in the previous paragraph shall be verified before the deadline for payment of the corresponding Community aid to the operational fund referred to in Article 71 of Regulation (EC) No 2173/88. Commission Regulation (EC) No 1580/2007 of 21 December 2007. 4. The value of the by-products referred to in Article 52.3 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 may be included in the value of the marketed production under the same conditions as in paragraph 2 of the Article. 5. The value of the marketed production at the stage of the exit of the subsidiary may be included in the organization's VPC provided that it is calculated in accordance with the provisions of Article 4 of this royal decree. 6. For the purposes of Article 52.8 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, the value of the marketed production may be included in the value of the production of insurance on the production of goods, virtue of:
(a) Polices hired, as a policyholder, by the producer organisation.
(b) Applications formalised by the partners, to collective policies, provided that they have designated their producer organisation as the beneficiary of the compensation.
7. If the production is marketed through a producer organisation association, the value of the marketed production may be calculated at the exit stage of the association, which corresponds to the value obtained by the association during the the reference period of the organisation, corresponding to the products delivered by the producer organisation to that association.
Article 4. Calculation of the VPC at the exit stage of the subsidiary and documentation to be submitted.
1. The producer organisation which markets a fresh or processed product through a subsidiary may calculate the corresponding part of its VPC at the exit of the subsidiary provided that: (a) it is a shareholder of that subsidiary and at least 90% of the subsidiary the capital of that subsidiary is in the possession of one or more producer organisations or associations of producer organisations or in the possession of one or more members of producer organisations or associations of organisations of producers who are cooperatives.
b) Communicate its intention to calculate the value at the subsidiary exit on its VPC and undertake to include such value in the subsidiary exit phase throughout the period of the operational programme, except in cases of force majeure. This communication and commitment shall be made at the time of the presentation of the first year of a new operational programme, as set out in Articles 13 and 14 of this Royal Decree, together with the following documentation relating to: the subsidiary:
1. Data of the subsidiary and in particular: CIF, Name, Address, Postal Code, Municipality according to the National Institute of Statistics, Province, Autonomous Community, Member State, Telephone, Fax, Email, Legal Form, Owners of the social capital with their corresponding participation in the entity.
2. Data of the activities carried out with the producer organization, either by hiring or after the firm sale of the production.
Any changes to this information must be communicated to the competent authority.
c) Annually and together with the documentation referred to in Article 10 of this royal decree, present the following documentation:
1. Certificate of the value of the marketed production of the subsidiary corresponding to the production provided by the producer organisation and method of calculation of that value.
2. Report of the audit of the certificate and the method of calculation of the previous paragraphs, carried out by external auditors, which must be registered in the Official Register of Auditors of the Accounting Institute and Audit of Accounts or other equivalent Community or other country register in case the audit has been carried out outside the European Union. 3. Declaration of the subsidiary in which it undertakes to allow the performance of the physical and administrative checks which the competent authority considers appropriate to verify the aspects related to the value of marketed production and the ownership of its share capital.
2. The value of the marketed production at the exit stage of the subsidiary shall be:
(a) If the producer organisation or its association carries out a service contract with the subsidiary for the marketing of its products, it shall be the value obtained by the subsidiary during the reference period of the organisation, corresponding to the products delivered by the producer organisation to that subsidiary.
The subsidiary must have supporting documentation to identify such value. (b) If the producer organisation or its association makes a firm sale of its production to the subsidiary, it shall correspond to the book value to which the subsidiary has invoiced, in the reference period of the organisation, the product which has been sold. The subsidiary must have supporting documentation to identify the value to which it has invoiced the product sold to it by the organisation.
Article 5. VPC in case of mergers of producer organisations.
In the case of mergers or removals of producer organisations and in the event that a second or subsequent entity is recognised as a producer organisation, preceded by the loss of the rating as The VPC shall be the sum of the VPCs of each of the organisations of origin, the organisation of the producers of the entities associated with the second or subsequent grade.
Article 6. Reductions to be applied for the calculation of the VPC.
1. The value of the production invoiced, marketed by the producer organisation, shall be applied to the following reductions: (a) the amount of transport costs, packaged goods and prepared for sale, paid to third parties which is listed in the entity's accounts.
b) The amount of professional services of commission agents and independent mediators in sales. c) The amount of the discounts on sales for early payment. d) The amount of the sales returns. e) The amount of the rappels and discounts applied in the sales operations. (f) the amount equivalent to the cost of depreciation and use of own means for the transport of packaged goods and prepared for sale, if appropriate. (g) the amount equivalent to the cost of carrying out a second or subsequent processing of the products carried out by the producer organisation itself, where appropriate. (h) the cost of transport between the product and the outlet centre through the subsidiary, provided that the distance between the two points is important, in the opinion of the competent authority, in the event that the value of the product is calculated marketed production at the stage of the subsidiary exit.
In order to be able to apply the reductions provided for in paragraphs (a), (b), (c), (d) and (e), it is necessary that the corresponding amounts are previously accounted for and that the reduction is carried out in line with the respective reductions. Accounting entries.
2. In the producer organisations located in the Canary Islands and Balearic Islands the cost of the internal transport between the packing centre and the distribution centre of those organisations when it is located at the ports of departure, shall form part of the VPC.
Article 7. Reference period.
1. The reference period for determining the VPC shall be the last annual accounting period, completed and approved by the competent organ of the producer organisation before 1 August of the year in which the amount of the fund is reported operation.
2. Where the value of some or some of the products undergoes a reduction for reasons other than the responsibility and control of the producer organisation, the value of the marketed production shall be calculated in accordance with the rules contained in the preceding Articles, provided that the resulting value is not less than 65 per 100 of the value of the previous reference period. Where such value is lower than the percentage quoted, the producer organisation may consider the value of that product or products for the marketing year concerned and for the purposes of the application of the operational fund, the corresponding to the average of the previous two or the previous marketing years in the case of only one of them. The option for one of these two alternatives for the fixing of the amount of the reference values shall be made at the request of the producer organisations at the time of the communication referred to in Article 10 of this royal decree. accompanied by the documents referred to in paragraph B (3) of Annex I to this royal decree.
CHAPTER III
Operational Funds
Article 8. Management.
The management of the operational funds shall be carried out by means of financial accounts managed by the producer organisation in which the accounting of each transaction is carried out in such a way that each accounting expenditure and revenue, including, where appropriate, payments and credits, relating to the operational fund may be identified. Payments and credits to the operational fund may be made by means of one of the following two alternatives: (a) A single and exclusive bank account for the management of the operational fund.
(b) By means of bank accounts of the non-exclusive producer organisation for the operational fund in such a way that each payment and payment relating to it can be identified and is the subject of annual certifications by external auditors, which shall be registered in the Official Register of Auditors of the Accounting and Audit Institute of Accounts or in another Community equivalent register.
Article 9. Constitution and funding.
1. The establishment of the operational funds, as well as their form of financing, shall be approved by the general assembly of the institution, or the section if the institution is organised in sections, or by an equivalent body, according to the personality legal status of the producer organisation.
2. The form of financing of operational funds shall be established by producer organisations in accordance with Article 55 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 10. Information and documentation to be submitted annually.
The producer organisations shall communicate to the competent authority by 15 September at the latest, at the same time as they submit, where appropriate, the draft operational programmes or the requests for amendment of the the information and documentation contained in Annex I of this royal decree.
Article 11. Financing of withdrawals.
The amount of the operational fund for the financing of withdrawals that comply with the national strategy should take into account that the unit amounts of the withdrawals, including both the (a) In the case of products listed in Annex X to Commission Regulation (EC) No 1580/2007 of 21 December 2007, the maximum amounts of the total amount of the aid shall be as follows: fixed in that Annex.
(b) In the case of products not listed in Annex X, the maximum amounts set out in Annex II to this royal decree.
Article 12. Financing of harvesting operations in green and non-harvesting.
The amount of the operational fund for the financing of non-harvesting or green harvesting operations that comply with the national strategy shall take into account that the unit amounts of the operations Compensation for such operations shall not exceed the maximum amounts per hectare set out in Annex III to this royal decree.
CHAPTER IV
Operational Programs
Article 13. Presentation.
1. Producer organisations shall submit, for approval, the draft operational programmes to the competent authority by 15 September of the year preceding the start of their implementation.
2. Entities which group fruit and vegetable producers and submit an application for recognition as a producer organisation under Council Regulation (EC) No 1182/2007 of 26 September may submit, at the same time, an operational programme for approval. However, its approval shall be conditional upon obtaining recognition prior to the deadline for the approval of the operational programmes.
Article 14. Format and content.
1. The presentation of projects of operational programmes shall be carried out in a single document, adjusted to the structure set out in Annex IV of this royal decree.
2. Draft operational programmes shall be accompanied by at least the documentation described in Annex V to this royal decree. 3. The content of the operational programmes shall be adapted to the national strategy as regards the eligibility of the actions. 4. Operational programs will contain:
(a) Environmental actions as referred to in the national guidelines for environmental actions so that expenditure on these actions is at least 10 per cent of the total expenditure of the operational programme; or
b) two or more environmental actions as referred to in the national guidelines for environmental actions.
However, in the event that at least 80 percent of the producers associated with the producer organisation are subject to two or more identical agri-environmental commitments under Regulation (EC) No 1698/2005 of the Council of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development, the requirement of the previous paragraph shall be fulfilled. The producer organisation must present the necessary documentation justifying the submission of the producers to these undertakings.
Article 15. Research and experimental production.
Research and experimental production as a measure of the operational programme can only be approved when a protocol is presented on experimentation to be carried out to justify the novelty of the programme and the risk involved, and it is available for qualified personnel to take care of it.
Such a protocol shall be valued by a public research centre or equivalent body in the judgment of the competent authority. However, the expenditure in question may not amount to more than 30 per cent of the amount of the operational fund approved and actually implemented, except in the case of associations of producer organisations or joint actions producer organisations in which no limit is set. The actions eligible under this measure will be those set out in the national strategy.
Article 16. Specific costs.
1. Personnel costs arising from the implementation of measures to improve or maintain a high level of quality or environmental protection, or to improve the level of marketing. These personnel costs may: (a) Be duly justified by actual expenditure.
(b) To be expressed as a lump sum which shall not exceed 14 per cent of the total amount of the approved operational fund. In this case, the tasks to be carried out by the staff concerned must be specified and the development of such tasks must be justified in order to be able to receive Community aid. The lump sum shall comprise all expenditure on staff corresponding to quality, environmental protection and marketing.
In case a producer organisation participates in a partial operational programme, the limit of 14 per cent shall apply only to the approved operational fund of the programme to be implemented directly by the organisation.
The options described in the preceding paragraphs will be exclusive. 2. The cost of environmental management of the recyclable and reusable packaging referred to in the third indent of Annex VIII (1) of Commission Regulation (EC) No 1580/2007 of 21 December 2007 may be included as a concept expenditure on operational programmes as set out in the guidelines for environmental actions and limited to 35 per cent of the approved operational fund. 3. The part of the approved operational fund, for all the specific costs referred to in paragraphs 1 and 2 of this Article, shall not exceed 40% of the total cost of the operational fund. 4. The use of oxobiodegradable and biodegradable plastics may be included as a concept of expenditure in operational programmes as a lump sum equivalent to 35 per cent of the cost of such plastics. 5. The specific costs relating to environmental measures and integrated and organic production as referred to in Annex VIII.1, third and fourth indent respectively of Commission Regulation (EC) No 1580/2007 of 21 December 2007 may:
(a) duly justified by actual specific expenditure, in accordance with the national guidelines for environmental actions.
(b) To be expressed as a lump sum which may not exceed the amounts set out in the national guidelines for environmental actions.
The options described in the preceding paragraphs will be exclusive.
6. The limits to the specific costs laid down in this Article shall also apply to the operational fund actually implemented at the time of submission of the application and the payment of the aid referred to in Articles 70 and 71 of the Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 17. Additional external costs.
The inclusion of additional external costs arising from the completion of maritime or rail transport in replacement of road transport will be conditional on the justification for transport to be carried out. by road in previous campaigns and the justification of the difference in costs.
Article 18. Treatment of operational programmes submitted by producer organisations resulting from an absorption or of second or subsequent grade entities which have been recognised as a producer organisation.
For the purposes of applying Article 10.3.e) of Council Regulation (EC) 1182/2007 of 26 September 2007, the operational programmes submitted by producer organisations resulting from an absorption or presented by entities of second or subsequent grade which have been recognised as producer organisation, after loss of the qualification of producer organisations of the entities absorbed or associated with the second or subsequent grade, shall have the same (a) treatment which is submitted by producer organisations resulting from a fusion.
Article 19. Amendments to the operational programmes concerning annuities not started.
1. Each year, producer organisations may apply to the competent authority not later than 15 September of the preceding year for the amendments to be applied from 1 January of the following year.
2. The amendments to be approved by the competent authority shall be as follows:
a) Inclusion and suppression of measures, actions, investments or concepts of expenditure.
b) Extension of the duration of the programme, up to a total of five years. (c) Reduction of the duration of the programme, subject to the total duration being at least three years. (d) Changes in location or holders of approved investments or actions. (e) The implementation or delay of the implementation or financing of approved actions, investments or expenditure concepts, including the transfer of financing to a subsequent operational programme, where the period of amortisation of the funds is higher than the duration of the programme is economically justified, and the tax depreciation period is more than five years. In any event, the financing will be made after the actions have been implemented. (f) Change in the budget of approved investments or expenditure concepts. (g) The form of financing or management of operational funds, including, where appropriate, the specific bank account change. (h) Increase in the rate of Community financing from 50% to 60% if one of the cases referred to in Article 10.3 of Council Regulation (EC) No 1182/2007 of 26 September is given. (i) the relevant modification of the programme, where substantial changes are made to the situation of the market or the producer organisation itself, in the opinion of the competent authority. (j) the merger of implementing programmes, motivated by the merger or absorption of producer organisations or by recognition of a second or subsequent entity as a producer organisation, preceded by the loss of the the organisation of the producers of the entities associated with the second or subsequent grade. The resulting operational programme shall be between 3 and 5 years and shall begin to run on 1 January of the year following the merger, absorption or recognition of the second or subsequent grade.
However, the producer organisation resulting from such a merger, absorption or constitution of another entity of a second or a later degree shall execute the pre-approved operational programmes to the base institutions until on 31 December of the current year, and to carry out the new operational programme on 1 January of the following year.
3. Requests for amendments shall be accompanied by at least the documentation contained in Annex VI to this Royal Decree.
Article 20. Modifications of the operational programmes during the current year.
1. During the current year, producer organisations may make the following amendments affecting the annuity of the programme, provided that the conditions laid down in paragraph 2 of this Article are met: (a) Implementation partial of the annuity of the operational programme, which means that it will no longer fully or partially develop any of the measures, actions, investments or concepts of expenditure covered by the approved actions, provided that the operational programme the same requirements were met which were required for approval.
(b) Delay or delay in the execution or financing of approved actions, investments or expenditure concepts. In any event, the financing will be made after the actions have been implemented. (c) Change in the budget of approved investments or expenditure concepts, taking into account that the change in the budget of investments or expenditure concepts shall not be considered to be a change if the total budget of the action in which the they are not affected by a variation of more than 25 per cent. d) Location changes or approved investment holders. (e) Extension of the duration of the programme up to a maximum total duration of five years. In this case, the producer organisation shall request the approval of the new annuities of the resulting operational programme no later than the date provided for in Article 66.1 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. December 2007, and communicate to the competent authority the amount of the operational fund for the following year at the latest by the date provided for in Article 56 of that Regulation. (f) Reduction of the duration of the approved operational programme, subject to the total duration being at least three years and the resulting operational programme continuing to meet the conditions laid down in Article 9 of Regulation (EC) No 1182/2007 of the Council of 26 September 2007. (g) the form of financing or the management of the operational fund, including where appropriate the change of specific bank account. (h) Increase in the amount of the operational fund within the limit of 25% of the initial approval provided that the ceiling for Community aid is not exceeded by the establishment of that fund, as laid down in Article 10 of the Regulation (EC) Council Regulation (EC) No 1182/2007 of 26 September 2007. Producer organisations may extend the investment or expenditure concepts envisaged for implementation in the year, forward those planned for later years, provided that the limits and conditions laid down in the Regulation are respected. (EC) No 1182/2007 of the Council of 26 September 2007. (i) a decrease in the amount of the operational fund so that the resulting operational fund is equal to or greater than 60% of the initial approval. (j) the merger of implementing programmes, motivated by the merger or absorption of producer organisations or by recognition of a second or subsequent entity as a producer organisation, preceded by the loss of the the organisation of the producers of the entities associated with the second or subsequent grade. The resulting operational programme shall be between 3 and 5 years and shall begin to run at the time of the merger, absorption or recognition of the second or subsequent grade. In the case of this paragraph, the amount of the new operational fund shall be limited to the sum of the operational funds already approved, with an increase of 25 per cent. k) Inclusion and deletion of investments or concepts of expenditure within the framework of approved actions. (l) Inclusion of the measure, actions and investments or spending concepts of those set out in the national strategy for crisis prevention and management.
2. The amendments referred to in points (a) and (j) of the preceding paragraph may be made without prior authorization provided that they are communicated without delay by the producer organisation to the authority. competent for the approval of such amendments at least 15 working days before their execution.
The amendments referred to in point (k) involving the inclusion of new investments and (l) of the previous paragraph shall specify the prior approval by the competent authority and shall therefore be requested for approval. prior to its implementation, the fax being accepted for that purpose, specifying, where appropriate, the actions whose budget may be reduced. The amendments referred to in point (k) shall, once they have been approved, not be the subject of any further amendment of inclusion or deletion during the current year. 3. In addition to the communications and applications referred to above, producer organisations shall make a summary communication with all such amendments, not later than 31 December, before the competent authority. That authority shall adopt a resolution thereon by 15 February of the following year at the latest. 4. Requests for amendments shall be accompanied, at least, by the documentation contained in Annex VI to this Royal Decree.
Article 21. Approval of the amendments to the operational programmes set out in Articles 19 and 20.
In order for the requested modifications to be approved by the competent authority, the following conditions must be met: (a) To have been submitted within the time limits set for this purpose.
(b) The resulting programme, once the amendments have been included, shall comply with Article 9 of Council Regulation (EC) No 1182/2007 of 26 September 2007. (c) have been approved by the general assembly of the institution, or the section if that entity is organized in sections or similar body competent of the producer organisation or, by the body in which the latter has delegated this function; explicitly reflected in the amendments to the minutes of the relevant body. However, the amendments referred to in Article 19 (2) (g) of this royal decree and in Article 20 (1) (g) of this royal decree shall require the approval of the assembly by the assembly. general of the producer organisation or of the section if that entity is organised in sections or equivalent body according to its legal personality. (d) To be accompanied by the documentation and information contained in Annex VI of this royal decree. (e) In the case of amendments during the current year and requiring prior authorization, the decision shall be taken within 15 calendar days following receipt of the request. The absence of such a resolution within that period shall mean that it is approved, provided that the provisions of Article 20 of this royal decree are complied with and that:
1. The amount of the operational fund for the current year following the approval of all the amendments submitted during that year does not exceed 25 per cent of the initially approved.
2. The limits laid down in Article 10 of Council Regulation (EC) No 1182/2007 of 26 September 2007 shall be respected. 3. The reduction, where appropriate, of the implementation of actions shall respect the achievement of the objectives set out in Article 9.1 of Council Regulation (EC) No 1182/2007 of 26 September 2007. 4. In the case of amendments referred to in Article 20 (1) (k) and (l), new investments or concepts of expenditure shall be eligible in accordance with the provisions of the national strategy and the Regulation (EC) No 2051/2003. Commission Regulation (EC) No 1580/2007 of 21 December 2007.
Article 22. The destination of refunds from partners that cause low in producer organizations.
1. The producer organisations shall, at the time of the notification of the amount of the operational fund for the following year, communicate the amount of reimbursements made by the members of their organisation, on the grounds that they have (a) a reduction in the amount of the aid and the amount of the aid to be incurred by the Member State concerned.
2. These amounts will have the following destination:
(a) 50% shall be made available to the producer organisation concerned.
b) The remaining 50% shall be reintegrated by the producer organisation to the paying agency referred to in Royal Decree 2320/2004 of 17 December governing certain powers in respect of the Community economic aid to producer organisations which constitute an operational fund, as a Community aid refund.
CHAPTER V
Partial operating programs submitted by producer organization associations
Article 23. Authorisation of the submission of partial operational programmes by associations of producer organisations.
1. An association of fruit and vegetable producers ' organisations may submit partial operational programmes if the following conditions are satisfied: (a) The association of producer organisations is recognised according to the Current regulations.
(b) In the case of associations of producer organisations which have members which are not recognised as producer organisations and those members assume more than 20 per cent of the votes in the decision-making process, they shall have a section or group consisting exclusively of members who have the status of producer organisation under Articles 4 and 55.2 of Council Regulation (EC) No 1182/2007 of 26 September 2007. All decisions affecting the partial operational programme shall be taken by the section or group of producer organisations, which shall be included in the statutes of the recognised legal entity. (c) Partial operational programmes shall contain only measures, actions, investments and expenditure concepts that are included in the national strategy. These programmes will not involve investments in environmental management costs for recyclable or reusable packaging that are not part of an experimental action.
Possible crisis prevention and management actions undertaken by the association will be specified and accounted for by the producer organisations in their operational programmes for the purposes of the limit established by the Article 9.2.2. and Article 10.2.2. of the Council Regulation (EC) 1182/2007 of 26 September 2007.
Article 24. Submission and approval of partial operational programmes by associations of producer organisations.
1. The associations of producer organisations shall submit to the competent authority the draft partial operational programmes for approval within the time limit laid down in Article 13 (1) of this Royal Decree.
2. Producer organisations shall request the amendment of their operational programmes pursuant to Article 19 (1) of this Royal Decree, or, where appropriate, the approval of their operational programmes, pursuant to paragraph 1 of this Article. Article 13 of this royal decree, in order to include in those operational programmes its participation in the partial operational programme. 3. The presentation referred to in paragraph 1 of this Article shall be made by means of a communication conforming to the provisions of Annexes VII and VIII to this royal decree. 4. The competent authority shall communicate to the associations of producer organisations the resolutions concerning the approval of its partial operational programmes before the date referred to in Article 65.2 of Regulation (EC) No 1580/2007. the Commission, of 21 December 2007. 5. The resolution of approval of the partial operational programme shall be subject to the approval of the individual operational programmes of the participating producer organisations, or in their case the modification of the operational programmes. The annual amounts for the partial operational programme shall be included in the individual operational programmes. The decisions of the individual operational programmes shall include the annual amount corresponding to the participation in the partial operational programme. In the event that some or some of the above individual operational programmes are not approved, the partial operational programme will be adapted accordingly as an amendment to the current year in such a way as to remain in the rest of the programmes. Individual operations the amounts initially envisaged for participation in the partial operational programme.
Article 25. Financing and implementation of the partial operational programmes.
1. The association of producer organisations shall, by 15 September of each year at the latest, communicate to the competent authority the amount of the annuity of the partial operational programme to be applied during the following year. This communication shall contain the following elements: (a) Intended contribution in absolute value and relative value of each participating producer organisation,
b) Justification of the calculation of the amounts of such contributions. To this end, the association of producer organisations shall send to the competent authority a certificate from the secretary of the association stating that the contributions have been approved by the general assembly of the the association or the section if that entity is organised in sections, or equivalent body in accordance with its legal personality, as well as the calculation made.
2. The annual contributions of producer organisations to the financing of the partial operational programme shall be from the operational funds approved to the producer organisations for the relevant annuities and shall be managed in a unique and unique bank account in the name of the association. For this purpose, the operational programmes of producer organisations shall include a measure or action called the "partial operational programme of the Association .........".
3. As regards the inclusion of the experimental research and production measure, or of the specific or additional costs in the partial operational programmes, Articles 15, 16.4, 16.5 and 17 of this royal decree shall apply mutatis mutandis. (i
Article 26. Amendments to the partial operational programmes concerning annuities not started.
1. Each year, within the time limit laid down in Article 66.1 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, associations of producer organisations may request, before the competent authority, the amendments on partial operational programmes approved by that authority, which shall apply from 1 January of the following year.
2. To this end, producer organisations shall request the amendment of their operational programmes, pursuant to Article 19 (1) of this Royal Decree, or, where appropriate, the approval of their operational programmes, by virtue of the Article 13 (1) of this Royal Decree, which shall provide for the modification of the partial operational programme. 3. The amendments referred to in paragraph 1 of this Article shall be as follows:
(a) Those referred to in Article 19 (2) (a), (b), (c) and (f) of this Royal Decree.
b) Investment location changes. In this respect, the new geographical identification must be provided through the SIGPAC system of investments. (c) Form of financing of the partial operational programme as described in Article 25 (1) of this Royal Decree. In this case, the information described in points (a), (b) and (c) of that paragraph shall be provided. (d) Calendars for the execution or financing of investments or concepts of expenditure in the framework of the duration of the partial operational programme.
4. The approval of the amendments requested pursuant to paragraph 2 of this Article shall be subject to:
(a) The request by the producer organisations participating in the partial operational programme for the inclusion of the partial operational programme in its individual operational programme.
b) Approval by the competent authority of such inclusion.
5. In the event that some or some of the above individual operational programmes were not approved, or where the amendment was not approved, the partial operational programme would be adapted accordingly as an amendment to the current year of the year. The amounts initially intended for participation in the partial operational programme will be maintained in the remaining individual operational programmes.
Article 27. Amendments to the partial operational programmes during the current year.
1. During the current year the associations of producer organisations may make the following amendments affecting the annuity of the partial operational programme, subject to the conditions laid down in paragraph 2 of this Article: a) Adelanto or delay of the execution of the approved actions, investments and/or concepts of expenditure.
b) Modification of the budget of approved investments or expenditure concepts provided that the total amount of the partial operational programme is not varied. c) Changes in location of approved investments. In this respect, the identification of the same must be provided through the SIGPAC system. d) Inclusion of new investments or concepts of expenditure on previously approved actions, provided that the total amount of the partial operational programme is not varied. (e) Inclusion of the measure, actions and investments or expenditure concepts laid down in the national strategy for crisis prevention and management. (f) Changes in adaptation pursuant to the last subparagraph of Article 24 (5) and Article 26 (5) of this Royal Decree.
2. The amendments referred to in paragraph 1 of this Article may be made without prior authorisation provided that they are communicated without delay by the association of producer organisations to the authority which approved the operational programme. 15 working days before its execution.
In addition to the communication referred to in the first subparagraph of this paragraph, associations of producer organisations shall make a summary communication of these amendments by 31 December at the latest. the authority that approved the programme. The competent authority shall, by 15 February of the following year, issue a resolution containing the annuity of the partial operational programme resulting from the amendments which, if necessary, are adopted.
Article 28. Approval of the amendments to the partial operational programmes referred to in Articles 26 and 27.
In order for the requested modifications to be approved, the following conditions must be met: (a) Haber has been submitted within the deadlines set for this purpose.
(b) The operational programmes resulting from each of the producer organisations participating in the partial operational programme shall, without taking into account the partial operational programme, be maintained as set out in the Article 9 of Council Regulation (EC) No 1182/2007 of 26 September 2007. (c) have been approved by the general assembly of the institution, or the section if that entity is organized in sections or similar body competent of the association of producer organisations or by the body in which it has delegated the function. The amendments referred to in Article 26 (3) (c) and in Article 27 (1) (e) of this royal decree shall require prior approval by the general assembly of the institution or of the section whether that entity is organised in sections, or equivalent body, in the light of its legal personality, of the association of producer organisations. (d) to be accompanied by supporting documents setting out the reasons, nature and consequences thereof, in accordance with Article 66.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
CHAPTER VI
Coordination between stand-alone communities
Article 29. Coordination in the approval and control of operational programmes and their modifications.
1. Where the scope of producer organisations is higher than that of an autonomous community, those producer organisations shall submit to the competent authorities as many copies of the operational programme as autonomous communities. Territorially involved in the actions of the same.
2. Within 30 days of the date referred to in Article 14 (1) of this Royal Decree, the competent authority in the approval of this operational programme may require the competent authorities of the Community to (a) the information necessary to carry out the decision referred to in Article 65 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, as referred to in the previous subparagraph; In particular, this information may refer to:
(a) In the case of investments in the operational programme, the corresponding reports showing that these investments have not been initiated before the first of January following the presentation of the said programme operation.
(b) These investments comply with the conditions laid down in Article 5.6 of Regulation (EC) No 1698/2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD). This, in respect of the corresponding Rural Development Programmes for each of the autonomous communities concerned, in particular as regards the criteria determining the source of financing for investments through development funds Rural or funds from the Common Organisation of the Fresh Fruit and Vegetables Market.
3. The competent authorities of the autonomous communities where the investments are made shall provide the information requested within 30 calendar days of receipt of the request.
Elapsed this time without the autonomous community competent for the approval of the programme having received this information, it shall be entitled to take the decision as appropriate. 4. For the purposes of checking and verifying the Community funds used in the operational programmes, and in particular as regards the control of double financing of investments, the competent authority shall communicate the approval of the operational programmes of producer organisations in the field of higher education than an autonomous community of the community or autonomous communities where the measures, actions and investments or concepts of expenditure are to be carried out specifying, where appropriate, the identification of the parcels by the SIGPAC system in which they are carried out the same, either common or made on the holdings of individual members, and in the latter case also indicating the name, social reason, identity card or NIF of the same. 5. The provisions referred to in paragraphs 1, 2, 3 and 4 of this Article shall apply to amendments to the operational programmes governed by Articles 19 and 20 of this Royal Decree.
Article 30. Coordination in the approval and control of partial operational programmes and their modifications.
1. The competent authority for the approval of the partial operational programme shall communicate to the competent authority or authorities for the approval of the relevant individual operational programmes of the producer organisations participating in the programme. partial operational programme the resolution of approval of the partial operational programme. This communication shall be made 30 days before the date referred to in Article 65.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
If the provisions of the last subparagraph of Article 24 (5) of this Royal Decree are applied, the competent authority for the approval of the partial operational programme shall communicate to the competent authority or authorities the approval of the corresponding individual operational programmes, the adaptation resolution of the partial operational programme. This communication shall be made within 30 days following the date referred to in the second paragraph of Article 65.2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. 2. In the absence of the communications referred to in the previous paragraph, the competent authority for the approval of the individual operational programmes may take the decision as appropriate. 3. The provisions referred to in paragraph 1 shall apply to amendments to the partial operational programmes governed by Articles 26 and 27 of this Royal Decree.
CHAPTER VII
Payment of help
Article 31. Submission of the aid application.
1. Producer organisations shall submit, for payment, the aid application to the competent authority within the time limit laid down in Article 70 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.
2. Payments financed under the operational programme may be justified by invoices and documents which may be issued in the name of the members of the producer organisation in the case of payments for investments or concepts of expenditure. carried out on their holdings. 3. Applications for advance shall be submitted to the authority referred to in paragraph 1 of this Article, on the basis of a period of four months, during the months of January, May and September. The minimum amount to be requested for the granting of advances shall be one quarter of the aid of the approved operational fund. The time limit for the payment of advances shall be two months from the full receipt of the application by the competent authority. 4. Producer organisations may submit applications for partial payments, up to 3 times a year, always before 31 October. The minimum amount to be requested for the granting of partial payments shall be one quarter of the aid of the approved operational fund. The time limit for the payment of partial payments shall be three months from the full receipt of the request by the competent authority.
Article 32. Format and content.
1. The aid application shall be submitted in accordance with the model established by the competent authority, which shall contain at least the information set out in Annex IX to this royal decree.
2. The aid application must be accompanied by the documentation described in Annex IX to this royal decree.
Article 33. Controls.
1. The Spanish Agricultural Guarantee Fund, in collaboration with the autonomous communities, will draw up a national control plan.
The national control plan must include any aspect that is deemed necessary for the implementation of the administrative and on-the-spot checks on aid applications. 2. The autonomous communities shall draw up regional control plans adjusted to the national plan. Regional plans must be communicated to the Spanish Agricultural Guarantee Fund. 3. It is for the competent authorities to be responsible for the controls of the aid covered by this royal decree. In cases where the controls are carried out by two or more autonomous communities, the authorities involved must establish the mechanisms of collaboration for the best management of the same. 4. Without prejudice to any other provisions, no payment shall be made to any beneficiary where it is established that the beneficiary has artificially created the conditions required for the granting of such payments, with a view to obtaining an advantage. contrary to the objectives of the aid scheme.
Article 34. Operational programmes with transnational actions.
In case a producer organisation has in its operational programme transnational actions, together with its application for payment it shall submit to the competent authority of its autonomous community: (a) Identification of the producer organisations in the other Member States participating in the transnational actions.
(b) Documentation showing that the producer organisations in the other Member States have not received aid for the same concepts for which the payment is requested by the Spanish producer organisation. (c) where appropriate, minutes of non-commencement of the authorities which have approved the operational programme.
Single additional disposition. Prevention and crisis management actions for producers who are not members of producer organisations.
The Ministry of the Environment, and the Rural and Marine Environment, will establish, where appropriate, the basis for the granting of aid to fruit and vegetable producers who are not members of a producer organisation for the the implementation of crisis prevention and management measures in accordance with Article 43 (c) of Council Regulation (EC) No 1182/2007 of 26 September 2007.
First transient disposition. Operational programmes approved under Regulation (EC) No 2200/96 and (EC) No 1433/2003.
The producer organisations which have an operational programme approved under Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in the field of agricultural products fruit and vegetables and (EC) No 1433/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes and funds and financial assistance, You can choose from the following options:
(a) Continue to apply such a programme in accordance with the previous legislation until its completion. In this case, the producer organization must communicate it together with the documentation provided for in Article 10 of this royal decree, which the organization will present in 2008.
Producer organisations may make the changes affecting the current annuity of these programmes as set out in Article 18 of Royal Decree 16/2006 of 20 January, with the exception of the amendments which require prior authorisation by the competent authority which is set out in that Article. (b) to amend its programme to meet the conditions of Council Regulations (EC) No 1182/2007 of 26 September 2007 (EC) No 1580/2007 of 21 December 2007, the present Royal Decree and the national strategy, as a modification for unstarted annuities. In this case, the producer organization must communicate it together with the documentation provided for in Article 10 of this royal decree, which the organization will present in 2008. (c) to amend its programme to meet the conditions laid down in Council Regulations (EC) No 1182/2007 of 26 September 2007 (EC) No 1580/2007 of 21 December 2007, the present Royal Decree and the national strategy as an amendment during the current year 2008 which shall be submitted to the competent authority as from the publication of the national strategy and no later than 15 September 2008. That authority shall adopt a resolution thereon by 15 December 2008 at the latest. The modification may include:
1. No modifications made prior to the publication of the national strategy in accordance with Article 18 of Royal Decree 16/2006 of 20 January.
2. Inclusion of actions for the withdrawal, promotion, communication or training of those referred to in the crisis prevention and management measure carried out prior to the publication of the national strategy in accordance with the laid down in the last amendment to Article 152.2 of Regulation (EC) No 1580/2007 laying down detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the field of fruit and vegetables. 3. Amendment of any other measure of crisis to comply with the conditions of the new legislation prior to the publication of the national strategy as laid down in Article 152.2 of the Regulation (EC) No 1580/2007 laying down detailed rules for the application of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetables sector in accordance with their last amendment Commission Regulation (EC) No 292/2008 of 1 April 2008, provided that it has been carried out in accordance with the Article 20 of this royal decree. 4. No modifications made after the publication of the national strategy according to Article 20 of this royal decree. 5. The increase in the percentage of Community funding to 60% if it is found in one of the cases referred to in Article 10.3 of Council Regulation (EC) No 1182/2007 of 26 September 2007. In this case, it shall inform the competent authority without delay. 6. The inclusion of collection actions in green and non-harvesting as provided for in the crisis prevention and management measure carried out after the publication of the national strategy, in accordance with Article 20 of the present royal decree.
Without prejudice to the foregoing paragraphs of this point, the following amendments may be made after 15 September:
1. The partial implementation of the operational programme, where it is due to unforeseen circumstances, which shall be duly justified.
2. Amendment of the schedule of financing of approved actions. 3. The inclusion of the measure, actions and investments or expenditure concepts laid down in the national strategy for crisis prevention and management or change in the budget of the measures in case they are already included in the operational programme.
The producer organisations shall communicate without delay to the competent authority, and in any case before 10 January 2009, the amendments made as from 15 September 2008 and also provide evidence that These have occurred after that date. The competent authority shall adopt an express decision on the same by 15 February 2009 at the latest.
(d) Replace this programme with a new programme approved in accordance with Council Regulations (EC) No 1182/2007 of 26 September 2007 (EC) No 1580/2007 of 21 December 2007, the present royal decree and the national strategy. In this case, the producer organisation must communicate it together with the documentation provided for in Articles 13 and 14 of this royal decree which the organisation presents in 2008.
Second transient disposition. Calculation of the value of marketed production in reference periods covering years prior to 2008.
Where the reference period provided for in Article 7 of this Royal Decree includes all or part of a year prior to 2008, the calculation of the value of the marketed production shall be carried out in accordance with the laid down in Chapter II of Regulation (EC) No 1433/2003 and in Chapter II of Royal Decree 16/2006 of 20 January.
Single repeal provision. Regulatory repeal.
Royal Decree 16/2006 of 20 January on funds and operational programmes of fruit and vegetable producer organisations is hereby repealed, with the exception of the provisions of point (a) of the first transitional provision, and in the the second transitional arrangement of this royal decree.
Final disposition first. Competence title.
This royal decree is of a basic regulation and is dictated in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.
Final disposition second. Faculty of development and modification.
The Minister for the Environment, and the Rural and Marine Environment, is empowered to amend the dates set out in this royal decree, the specific costs referred to in Article 16 and the Annexes, when such amendments are required as a result of Community legislation.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, 23 May 2008.
JOHN CARLOS R.
The Minister for the Environment, and the Rural and Marine Environment, ELENA ESPINOSA MANGANA
ANNEX I
Minimum information and documentation to be submitted annually together with the communication provided for in Article 10
A) General data of the entity. Entity: Annuity of the program to be financed.
Operational Program to which you belong: 200 ... to 200 ... The entity's annual operating funds annuity.
B) Documentation to be submitted:
1. Certificate of the Secretary of the producer organisation stating that the annual operational fund is set up, the provisions for its provision and, where appropriate, the method of calculating the financial contributions of the partners they have been approved by the general assembly of the institution, or the section if that entity is organised in sections or equivalent body in accordance with the legal personality. This certificate shall contain the amount of the operational fund to be set up in the annuity beginning on 1 January following the amounts to be allocated to: the implementation of the operational programme, broken down by the measures taken by the prevention and crisis management and the other measures.
The administration of the fund itself.
2. Certificate in which the VPC of the producer organisation is listed, calculated in accordance with Article 2 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and Chapter II of this royal decree. This certificate must specify:
In the event that the producer organisation carries out the transport of the packaged goods and prepared for sale with its own means, the calculation made to obtain the flat-rate amount equal to the cost of the depreciation and use of such means, which has been deducted from the VPC.
In the event that the producer organization performs a second or subsequent transformation of all or part of its production, the calculation of the cost of transformation that has been deducted from the VPC.
3. Where the value of some or some of the products has been reduced for reasons other than the responsibility and control of the organisation and are covered by Article 7 (2) of this Royal Decree, it shall be submitted:
(a) Certificate of the Secretary of the Organization, including the values of each product for the reference period referred to in the first subparagraph of Article 7 (1) of this Royal Decree and, where applicable, to the two reference periods prior to this, and
b) Report on the facts that led to the decrease in the value of the product, showing in particular that this decrease has not been due to decreases in productive personnel.
4. Certificate of the trade entity of the value of the products from members of an organisation in the event of the application of the last subparagraph of Article 3 (2) of this Royal Decree.
| ANNEX II Maximum relief amounts for | |||
| Product | Maximum Help Amount €/100 kg | ||
| Ajo. Artichoke. Celery. Broculi. Zucchini. Pumpkin. Onion. Cherry. Plum. Beetle. Stud. Strawberry. Green Jewish. Lettuce. Cucumber. Pepper. Leek. Cabbage/cabbage. Carrot. Khaki. Nisperbut. Paraguayan. Champinon. | 46.56 25.04 11.08 23.96 18.76 15,60 7,20 79,00 22,74 22,64 69,78 43.42 59.31 17,39 18,08 31,65 22,13 18,95 9,99 26,71 37,63 25,15 47.65 | ||
| ANNEX III Maximum compensations for green and non-harvesting collection | |||||||||
|
Product | Compensation (€/ha) | ||||||||
|
Secano | Regadio | ||||||||
|
| |||||||||
|
| |||||||||
|
Coliflor | 1,324 | 1,728 | - | ||||||
| Tomate | 803 | 3,578 | 5,769 | ||||||
|
Apple | 1,004 |
- | 478 |
- | 478 | - | |||
| 501 | 1,536 | - | |||||||
|
Melocoton | 639 | 2.391 | - | ||||||
| Nectarins | 816 | 3.055 | - | ||||||
| Pera | 1,012 | 2.253 | - | ||||||
|
312 | 1,633 | 3,541 | |||||||
|
342 | 1,607 | 342 |
1,833 | ||||||
|
Sandia | 484 | 2,421 |
| ||||||
|
| 4,246 | 4,246 | - | ||||||
| Clementine | 3,576 | - | |||||||
| Mandarins | - | 3,417 | - | ||||||
| Satsumas | 4.283 | - | |||||||
|
| 3,761 | - | |||||||
|
Ajo | 1,737 | 3,472 | - | |||
| Alcachofa | 884 | 3.195 | - | |||
|
Apio | 1,416 | 5,021 | - | |||
| Brocoli | 3.017 | 3,937 | - | |||
| 1734 | 1,734 | 5.251 | 7.537 | |||
| Calabaza | 1.209 |
- | ||||
| 765 | 765 | 765 | 765 | 3.060 | 1,928 | |
| Cereza | 2,044 | 3,578 | - | |||
|
734 | 2,558 | - | ||||
|
Escarola | 2.327 | 5,050 | 6,920 | |||
|
Espunk | 1,447 | 2,703 | 2,868 |
|||
| Fresa | 2.037 | 3.243 | 13.493 | |||
| Green Jewish | 3.493 |
7.650 | ||||
| lettuce | 2.308 |
5.564 | ||||
| 2.110 | 2.110 | 2.110 | Order_table_der" >4,415 | 11.512 | ||
| 2,829 | 7.743 | 15.104 | ||||
|
2,544 | 5.713 | 4.254 | ||||
| 3,854 | 3,854 |
| 7.780 | 7.780 | ||
|
Carrot | 787 |
1,667 | ||||
|
Caqui | - |
- | - Table_table_der" >4.161 | - | ||
|
Nispero |
353 | 3,695 | - | |||
| Paraguaya | 975 | 3,648 | - | |||
|
Champinon (€/m2) | - | - | 18.82 |
ANNEX IV
Structure to which operational program projects must conform
1) Identification of the requesting entity: (a) Social reason.
b) Social address. c) Telephone. (d) Fax. e) E-mail. f) C.I.F. g) Contact person and telephone. h) Type of producer organization of the entity to which the program project belongs:
Autonomic. -Scope higher than an autonomous community. Autonomous communities in which it has productive personnel: Transnational. -Member States in which it has effective personnel. i) Status of recognition by art. 55 of Council Regulation (EC) No 1182/2007 of 26 September 2007: With prior recognition by art. 14 of Regulation (EC) No 2200/96 with a date prior to the entry into force of Regulation (EC) No 1182/2007, having applied for recognition by art. 11.
With definitive recognition by art. 11 of Regulation (EC) No 2200/96 or Article 4 of Regulation (EC) No 1182/2007, indicating the following data.
Record No.
Date of recognition. Category of recognition. Geographical scope by Autonomous Communities. No. of current partners. Current productive forces (total area and total production by species).
With a request for recognition under Article 4 of Regulation (EC) No 1182/2007. 2) Description of the entity's starting position:
(a) In terms of the entity's productive personnel: crop surfaces by species, autonomous communities and Member States.
Production volumes by species, Autonomous Communities and Member States. Actions already developed by the producer organisation in the field of production production.
b) Regarding the marketing of the production of the partners:
Description of the business process.
Performances already developed by the producer organization in this field.
c) As for the infrastructure:
Description of the facilities at the disposal of the partners, indicating whether they are owned, leased or contracted for services.
Human media. Administrative team.
(d) Indicators relevant to the producer organisation in accordance with the operational programme set out in the national strategy and in Annex XIV to Commission Regulation (EC) No 1580/2007 of 21 December 2007. (3) Duration and objectives pursued by the draft operational programme.-The objectives to be pursued in particular in the light of the provisions of Article 61 (1) (b) of Regulation (EC) No 1580/2007 should be specified in detail. Commission of the European Parliament of 21 December 2007.
4) Measures broken down by actions and actions broken down into investments and expenditure concepts to be achieved in order to achieve the objectives set out in Article 61.1 (c) of Commission Regulation (EC) No 1580/2007 of 21 December 2007:
For each planned action, investment and expense concept, they must present: Detailed description of the same.
Autonomous Community where it will be carried out. Objectives of the implementation of those listed in Article 9.1 of Regulation (EC) No 1182/2007. Human and material means necessary for its realization. Detailed budget by units of work. Justification for the need for its implementation. Timetables for implementation and financing. At least for the first annuity of the operational program:
Geographical identification by the SIGPAC system of the plots in which the measures are to be carried out.
If improvement measures are performed on individual holdings, the beneficiaries of the same, indicating the name or social reason and the NIF.
5) Operating program duration.
6) Financial aspects:
a) Calendar for the implementation of measures, actions, investments and concepts of expenditure, for years.
b) Calendar of financing of measures, actions, investments and concepts of expenditure, for years.
ANNEX V
Minimum documentation to accompany operational program projects
1. Commitment of the producer organisation to comply with the provisions of Council Regulations (EC) 1182/2007, of the Council of 26 September and 1580/2007 of the Commission of 21 December 2007 and of the applicable national legislation.
2. Commitment of the producer organisation and, where appropriate, of each of the members on whose holdings investments are to be made from the operational programme, not to be eligible, directly or indirectly, for double financing, Community or national, by the measures included in the operational programme. 3. A certificate from the secretary of the producer organisation stating that the draft operational programme, the establishment and financing of the annual operational funds, and in particular the provisions for the provision of such funds funds and, where appropriate, the method of calculating the financial contributions of the partners, have been approved by the general assembly of the institution, or of the section if said entity is organized in sections or equivalent organ of the organization in function of his legal personality. This certificate must specify:
a) The guidelines of the program project, specifying measures and actions to be developed.
(b) Mode to be used to manage the operational fund, among those provided for in Article 8 of this royal decree and form of financing under Article 8 of Regulation (EC) No 1182/2007.
4. If the option contained in point (a) of Article 8 (1) of this royal decree is chosen, a certificate must also be provided for the financial institution of the bank account for the exclusive movement of the fund with an indication of its branch, the account number and the name of the branch: " Operating fund of the producer organisation ... (organization name) ".
5. Justification for:
a) All producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certificate shall be required of the minutes of the general assembly of the producer organisation, or of the section if the said entity is organised in sections, or of the equivalent body in accordance with its legal personality, in which it must reflect that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
b) All producers have had the opportunity to participate democratically in decisions related to the use of the resources of the producer organisation and the financial contributions to the funds. operations. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the minutes of the general assembly of the producer organisation or of the section are provided if the said entity is organised in sections or equivalent body in accordance with its legal personality, in which the discussion and approval of the operational programme is specified as a specific point.
6. Where the operational funds are to be financed, in whole or in part, by contributions from the partners, the method of calculating them.
7. In the event of individual contributions of the partners being set at different levels, the necessary information justifying these levels. 8. If investments or actions are included in the individual partner holdings, it must be provided:
(a) Name, social reason and DNI or NIF of each beneficiary as well as geographical location of the investments to be made. This location will be performed using the SIGPAC system.
b) Certificate of the agreement adopted by the general assembly of the entity, or of the section if such entity is organized in sections, or equivalent organ according to its legal personality, to obtain from any partner of the the organisation on whose holding investments are made under the operational programme for the repayment of the residual value of these investments, in the event that it causes a loss in the organisation. (c) the depreciation period for each investment, to be fixed by the producer organisation for a maximum of five years. The residual value referred to in point (b) shall be calculated as follows:
Residual Value = [Acquisition Value x (Amortization Period -Period Between Acquisition Date and Partner's Low Date)]/Amortization Period
d) Justification that all producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certified copy of the minutes of the General Assembly of the producer organisation, or of the section if such an entity is organised in sections, or of the equivalent organ according to its legal personality, shall be required. reflect that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
9. Where appropriate, certification of the secretary of the producer organisation for which the agreement of the general assembly of the entity is provided, or of the section if the entity is organised in sections, or equivalent organ of the organisation of (a) producers in the light of their legal personality, by which the competition is delegated to the submission of requests for amendment of the operational programme, provided for in Articles 19 and 20 of this royal decree, in a given instance of the producer organisation.
10. If specific costs of experimental production are included in the draft programme, a protocol with the experimentation to be carried out to justify the novelty of the project and the risk involved, endorsed by a research centre. 11. If included in the program project, the acquisition of second-hand equipment:
(a) The documentation which justifies that such equipment has the technical characteristics required for the operation, which comply with the applicable rules, and which do not exceed the market value.
b) A statement from the seller of the equipment about its origin, confirming that it was not purchased with national, or community, grants during the last seven years. (c) A certificate of assessment issued by a collegiate appraiser confirming the purchase price.
12. If the acquisition of unbuilt land, a certificate of appraisal by an independent and collegiate appraiser, is included in the draft programme, it shall confirm that the purchase price does not exceed the market value.
13. If included in the project of the program finance lease, budget of the acquisition of the good with the market value of the same. 14. If the acquisition of real estate is included in the program project:
(a) Certificate of assessment, carried out by a collegiate appraiser, that establishes the purchase price, and that the price does not exceed the market value.
b) Certificate from the seller that during the last ten years, he has not received any grant, national, or community. c) Commitment to use the premises, at least for five years, for the intended use.
15. If the investment substitution is included in the draft programme, a document justifying the residual value of the investment being replaced.
16. If the investment in business shares is included in the programme project, a certificate from an independent and collegiate valuer setting the certified purchase price and confirming that the purchase price does not exceed the market value.
ANNEX VI
Minimum documentation to contribute along with requests to modify operational programs
A. In all cases: 1. Certificate in which the amendments requested on the operational programme have been approved, have been approved by the competent body in accordance with its legal personality or instance in which it has delegated.
2. To be accompanied by the supporting documents setting out the reasons, nature and consequences of the amendments requested, as well as those supporting documents which are necessary for their approval. 3. In amendments involving a change of location or holder in individual member holdings:
(a) Written commitment of new beneficiaries not to benefit directly or indirectly from double funding, either at Community or national level, by the measures included in the operational programme,
b) Identification by the SIGPAC system of the parcels on which the investments will be made, together with the social reason and the NIF of the new beneficiaries.
4. Where the form of financing of operational funds is modified, the document in which it appears:
(a) The provisions adopted for financing, including the source of the resources to be financed.
(b) Where the operational fund is to be financed, in whole or in part, by contributions from the partners, the method of calculation of the same. c) The justification that:
All producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certificate shall be required of the minutes of the general assembly of the producer organisation, or of the section if the said entity is organised in sections, or of the equivalent body in accordance with its legal personality, in which it must reflect that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
All producers have had the opportunity to participate democratically in the decisions related to the use of the funds of the producer organisation and the financial contributions to the funds. operations. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the minutes of the general assembly of the producer organisation or of the section are provided if the said entity is organised in sections or equivalent body in accordance with its legal personality, in which the discussion and approval of the operational programme is specified as a specific point.
5. Where the form of management of the operational funds is modified and the option contained in Article 8 (1) (a) of this Royal Decree is chosen, the certificate of the financial institution shall be provided with the account bank for the exclusive movement of the fund with the indication of its branch, the account number and the name of the branch: " Operating fund of the producer organisation ... (organization name) ".
6. Where appropriate, certification of the secretary of the producer organisation by which the general meeting of the institution is provided, or of the section if the entity is organised in sections, or equivalent body of the organisation of the organisation of (a) producers in the light of their legal personality, by which the competition is delegated to the submission of requests for amendment of the operational programme, provided for in Articles 19 and 20 of this royal decree, in a given instance of the producer organisation.
B. In the case of new action, investments in individual member holdings or the increase in the number of individual holdings of partners in which investments are to be made, in the case of new action, Framed in the operational program:
(a) Certificate in which the agreement adopted by the general assembly of the entity is included, or of the section if that entity is organized in sections, or equivalent organ, to obtain the reimbursement of these investments, or their value residual, in case the partners cause/n low in the organization.
b) Period of amortisation of each of the investments to be fixed by the producer organisation at a maximum of five years. The residual value shall be calculated as follows:
Residual Value = [Acquisition Value x (Amortization Period -Period Between Acquisition Date and Partner's Low Date)]/Amortization Period.
(c) Written commitment of each individual beneficiary of investments in individual holdings, not to be directly or indirectly eligible for double funding, either at Community or national level, for the measures included in the programme operation. (d) Justification that all producers have had the opportunity to benefit from the implementation of the operational fund. To this effect, a certified copy of the minutes of the general assembly of the producer organisation, or of the section if such an entity is organised in sections, or of the equivalent organ according to its legal personality, shall be required. reflect that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
C. Concerning the current annuity. -In the amendments involving a change of location or holder in individual holdings of members, an act issued by the competent authority of the autonomous community where the investment is to be made, or in the absence of a notarial act, in which it is stated that the investment to be made has not been initiated in the parcel corresponding to the new location.
ANNEX VII
Structure to which partial operational program projects must conform
1) Identification of the requesting entity: (a) Social reason.
b) Social address. c) Telephone. (d) Fax. e) E-mail. f) C.I.F. g) Contact person and telephone. h) Type of producer organization association of the entity to which the program project belongs:
Autonomic.
Scope greater than a stand-alone community. Autonomous communities in which it has productive personnel. Transnational. Member States in which it is effective.
i) Record number and recognition date:
j) Number of producer organisations associated at the time of submission of the partial operational programme and identification of the same by registration number and social ratio. k) Geographical scope by Autonomous Communities:
2) Description of the entity's starting position.
a) Functions that you have performed in the last three years.
(b) the human and material resources available to you, specifying, where appropriate, whether you use the contract of services with third parties, which must be in addition to the performance of your duties. (c) Prospects for action for the years of the partial operational programme. (d) Indicators relevant to the producer organisation in accordance with the operational programme set out in the national strategy and in Annex XIV to Commission Regulation (EC) No 1580/2007 of 21 December 2007.
(3) Duration and objectives pursued by the draft partial operational programme.-The objectives to be pursued in particular in the light of the provisions of Article 61 (1) (b) of the Treaty should be specified in detail. Commission Regulation (EC) No 1580/2007 of 21 December 2007.
4) Measures broken down by actions and actions broken down into investments and expenditure concepts to be achieved to achieve the objectives set:
(a) For each intended action, investment and expenditure concept, they must present: Detailed description of the expenditure.
Autonomous Community where it is going to take place. Objectives of the implementation of those listed in Article 9.1 of Regulation (EC) No 1182/2007. Human and material means necessary for its realization. Detailed budget by units of work. Justification for the need for its implementation.
(b) Annex containing the location of investments or expenditure broken down by autonomous communities. 5) Financial aspects:
a) Calendar for the implementation of measures, actions, investments and concepts of expenditure, for years.
b) Calendar of financing of measures, actions, investments and concepts of expenditure, for years.
ANNEX VIII
Minimum documentation to accompany partial operational program projects
(a) Commitment of the association of producer organisations to comply with the provisions of Council Regulations (EC) 1182/2007 of 26 September 2007 and 1580/2007 of 21 December 2007.
(b) Certification issued by the Secretary of the Association that the members of the association of producer organisations which do not have the status of producer organisation under Regulation (EC) No 1182/2007, the Council of 26 September did not take part in the decision-making affecting the partial operational programme or directly benefit from provisions financed by the Community. (c) Certification issued by the secretary of the association certifying compliance with the provisions of Article 23 (1) (b) of this royal decree. (d) Commitment of the association of producer organisations not to benefit directly or indirectly to double financing, either at Community or national level, for the measures included in the partial operational programme. (e) For the first annuity of the partial operational programme, the documentation set out in Article 25 (1) of this royal decree. (f) a certificate issued by the secretary of the association of producer organisations stating that the partial operational programme has been approved by the assembly or equivalent body of the association, or of the section if that entity is organised in sections, depending on their legal personality. This certification shall include the guidelines for the partial operational programme, specifying measures and actions to be carried out. (g) Certificate of the financial institution of the bank account for the exclusive movement of the fund with the indication of its branch, the account number and the name of the bank: " Partial operational programme of the association of organisations of Producers ... (name of the association) ".
ANNEX IX
Minimum financial help request content
A) Entity data: Name or social reason of the producer organisation, registration number and NIF.
The type of help you are requesting. Annuity to which the aid corresponds. The Operational Program to which you belong. Form of financing of the Operational Programme. Form of management of the Operational Programme. Bank account where payment should be made.
B) Operational program data:
Run and finance calendar.
Implementation of crisis management and prevention measures.
C) Documentation to be submitted:
Marketed production justifications for the programme reference period.
The proxy copy and the representative's NIF. Justification for the allocation of the operational fund. Supporting the expenditure of the operational programme and the relationship thereof. The paying agencies may authorise the application to submit only the list of supporting documents and must subsequently incorporate those invoices, original or certified, as required by the administration. Bank statement of movements of the account of the fund, authenticated by the bank or external audit report. In the event of an application for an advance, guarantee, insurance or proof of having made a cash deposit. Where appropriate, supporting evidence of the actual use of previous advances.
