During the first year of validity of Royal Decree 1539/2006, of December 15, which regulates the granting of aid for the renovation of the national park of agricultural machinery, has been published Community legislation and national which affects certain articles of the aforementioned royal decree. On 16 December 2006, the Official Journal of the European Union published Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises (OJ 2006, p. -medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001. In Article 4, it sets maximum rates for aid on the basis of investment which differs from those laid down in Royal Decree 1539/2006 of 15 December 2006. With regard to the ceiling on eligible investment, it is important to specify that it must be consistent with that laid down in the Rural Development Programmes, for investments in the modernisation of holdings, which are covered by Article 26 of the Treaty. Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD). On 20 July 2007, the Council of Ministers adopted a plan of urgent measures of the Spanish strategy for climate change and clean energy, including the reduction of nitrogen fertilizers. In order to achieve this, it is considered necessary to have mechanical equipment that allows the correct distribution of the fertilizers. Moreover, in the application of this aid line during the year 2007, certain anomalies have been identified which need to be corrected in order to bring the line into line with the objectives laid down without this being a mismatch with the For this purpose, it is necessary to provide for a maximum aid per beneficiary per year. It is ensured that the equipment to be carried out is currently in use and not abandoned and that its holders during the last year are in agreement with the applicants. the aid. Finally, specific aspects are specified on the procedures for aid applications. In the process of drafting this standard, the autonomous communities and representative entities of the sectors concerned have been consulted. This royal decree has been communicated to the European Commission in compliance with the provisions of Regulation (EC) No 1857/2006 of 15 December 2006. In its virtue, on a proposal from the Minister for Agriculture, Fisheries and Food and after deliberation by the Council of Ministers, at its meeting on 15 February 2008,

D I S P O N G O:

Single item. Amendment of Royal Decree 1539/2006 of 15 December on the granting of aid for the renovation of the national park of agricultural machinery.

Royal Decree 1539/2006 of 15 December, which regulates the granting of aid for the renovation of the national park of agricultural machinery, is amended in the following terms: One. Article 1 (2) is worded as follows:

" 2. Such aid may also be used for the acquisition of certain machines which have been dragged or suspended, such as: (a) direct smatterings.

b) Cisternas for solid fertilizer purines and spreaders equipped, in both cases, with location devices. (c) Abonators and equipment for the application of plant protection products enabling correct distribution by accreditation of a specific testing station for these types of machinery. "

Two. Article 3 is worded as follows:

" Article 3. Compatibility with other aid and maximum amount.

1. The maximum aid per beneficiary and calls of the year, regulated by this royal decree, will not exceed 12,000 euros in the case of new tractor acquisition, 30,000 euros when it comes to automotive collection equipment or 30 percent. of the investment in the other automotive machines and in the cases of dragged machines.

2. The aid covered by this royal decree is compatible with any other aid legally established with the same purpose, subject to the restrictions laid down in Article 19 of Regulation (EC) No 1857/2006 of 15 December on the application of Articles 87 and 88 of the Treaty on State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001 and provided that the specified limits are not exceeded in the following paragraphs or in Article 4.9 of that Regulation. 3. The maximum amount of the aid as referred to in paragraph 2 above, expressed as a percentage of the amount of eligible investment, calculated from the total cost of the acquisition, taking into account the net invoice price, without include VAT, is:

(a) In less-favoured areas or in the less-favoured areas referred to in Article 36 (a) (i), (ii) and (iii) of Regulation (EC) No 1698/2005 of 20 September 2005, 50%.

b) In other areas, 40 percent. (c) In the case of young farmers applying for the aid at the time of their first installation or in the five years following the installation, the above percentages may be increased by 10 percentage points in each case. (d) in the Canary Islands, as an outermost zone, 75%, without the possibility of an increase as referred to in paragraph (c).

4. The maximum limit for eligible investment shall be that laid down in each Rural Development Programme for investment in the modernisation of holdings, which are covered by Article 26 of Council Regulation (EC) No 1698/2005 of 20 September 2005. of 2005. "

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

" 1. In order to access the aid covered by this royal decree, it is necessary to: (a) adjust to the definition of small and medium-sized enterprises as set out in Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of the of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises.

b) to be the holder of an agricultural holding or to be a natural or legal person referred to in Article 2.3. (c) to be the holder of the new tractor or machine and of the machinery in question, taking into account the exceptions set out in Article 5 (b). (d) comply with the Community rules applicable to the investments concerned, as provided for in Article 26 of Regulation (EC) No 1698/2005 of 20 September 2005 for the modernisation of agricultural holdings. (e) undertake not to dispose of the new tractor or new machinery for a period of five years from the date of the granting of the aid. In the event of non-compliance, the beneficiary shall reintegrate the amount of the aid obtained and the corresponding interest into the public treasury, except in cases of force majeure provided for in the Community rules on aid to the modernisation of agricultural holdings. "

Four. Article 5 is worded as follows:

" Article 5. Requirements of the tractor and automotive machinery.

Tractors and automotive machines that are achatren must meet the following requirements: (a) Be more than 15 years old, except for collection equipment, which may be 10 years, computed from the date of the first registration as high in the Official Register of Agricultural Machinery and the date of application for the aid.

b) Being registered in the ROME during the last year under the ownership of the aid applicant, except in the cases of transmission or change of ownership of the holding, death, permanent invalidity or retirement of his/her the former holder, or in the cases of first incorporation of young people to the ownership or co-ownership of the agricultural holding. This requirement shall also be required for the partners of cooperatives and agricultural processing companies covered by Article 4.2. c) Be in conditions of use and not of abandonment. (d) to be delivered to an approved treatment centre or reception facility, regulated by Royal Decree 1383/2002 of 20 December 2002 on the management of vehicles, at the end of its useful life, and in Order INT/249/2004 of 5 February 2004, which regulates the definitive discharge of the decontaminated vehicles at the end of their useful life, for destruction. (e) A final fall in the ROMA, with an annotation stating that it has been achtied. It shall also cause a final discharge in the Register of vehicles if it is registered in the Register. '

Five. Article 6 is worded as follows.

" Article 6. Requirements of the new tractor or machine.

The new tractor or machine must meet the following requirements: (a) To be acquired at a later date than the aid application.

b) To be registered, as a first acquisition, in the corresponding ROMA. "

Six. Article 7 (1) (f) and paragraph 3 of this Article shall be worded as follows:

" f) Brand, model and net price, without VAT, of the new tractor or machine to be acquired. In any case, a pro forma invoice will be accompanied. " " 3. In the case of applications rejected for lack of a budget, the holders may submit a new application within the time limit set by the notice to which they are drawn up, which shall be settled within the time limit laid down by the latter, application of the date of grant of the aid and, for the purposes of Article 6, being considered as the date of application for the initial submission. '

Seven. A new additional provision is added seventh, with the following wording:

" Additional provision seventh. Public information.

The Ministry of Agriculture, Fisheries and Food will disseminate and update through its website: http://www.mapa.es/es/agricultura/pags/maquinariaagricola/renovacion.htm, the relationship of the paying and treatment teams (a) the plant health sector in the Community and the Member States of the European Community and the Member States of the European Community;

Single end disposition. Entry into force.

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

Given in Madrid, on February 15, 2008.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food, ELENA ESPINOSA MANGANA