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Royal Decree 1724 / 2007, Of 21 December, Which Establishes The Regulatory Bases Of Subsidies Aimed At The Promotion Of Systems Of Production Of Autochthonous Livestock Breeds In Extensive Systems.

Original Language Title: Real Decreto 1724/2007, de 21 de diciembre, por el que se establecen las bases reguladoras de las subvenciones destinadas al fomento de sistemas de producción de razas ganaderas autóctonas en regímenes extensivos.

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TEXT

In 1996, the World Food Summit organized by the Food and Agriculture Organization (FAO) of the United Nations in Rome, pointed out as a global goal the conservation, improvement and sustainable use of natural resources, including livestock genetic resources. Subsequently, in the Strategic Framework 1999-2015 of the aforementioned International Organization, it was indicated that agriculture, livestock, fishing and forestry will have to meet the needs of a growing world population and more urbanized, while protecting the base of natural resources for the benefit of future generations. For its part, the United Nations Millennium Declaration, formulated in 2000, established environmental sustainability as Objective 7, which includes the sustainable use of natural resources for development. Accordingly, the reform of the Common Agricultural Policy of the European Union, which began in 2003, has made use of agricultural production more in line with the natural environment and the use of its resources, in order to determine substantial changes in the agricultural sector. traditional development of rural areas and forms of enterprise management of agricultural and livestock farming. It is the so-called European model of agri-food production. On the other hand, there are also important changes in the demand for food by the consumer, who every day more expresses his preference towards products not already of the highest quality, but towards those who have it contrasted and even this adorned with differentiators in respect to more conventional ones. As a result, public administrations have begun to stimulate the response of the producer sector with efforts to implement these new criteria which, in the case of livestock farming, are mainly translated into The race of the cattle herd by the promotion of native breeds and extensive systems of production under parameters of respect to the natural environment and animal welfare. Thus, farmers are reorienting their production systems in ways that improve the conditions of hygiene and animal welfare and the preservation of the environment, gradually integrating into one of the systems of differentiated quality. agri-food products protected by the current legal regulations, such as Protected Geographical Indications and Designations Of Origin, organic farming, integrated livestock production or traditional Specialities Guaranteed. In this connection and by this royal decree, the Ministry of Agriculture, Fisheries and Food intends to promote livestock production methods linked to the land and the use of indigenous breeds by establishing aid to farms. which have a sufficient territorial basis, have a commitment to the public authorities which pattice their reorientation towards these forms of production and fulfil the requirements laid down in this provision. This regulation is of a basic regulation and its establishment by means of a royal decree is due to its markedly technical character and a changing and cyclical nature. In accordance with this and in accordance with the provisions of Law 38/2003 of 17 November, General of Grants, the regulatory bases of the grants are established to encourage the adaptation of the livestock farms to certain production systems. The autonomous communities and entities representing the interests of the sectors concerned have been consulted in the preparation of this provision. 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 21 December 2007,

D I S P O N G O:

Article 1. Object.

This royal decree aims to establish the regulatory bases for the granting of subsidies, under competitive competition, for the promotion of systems of production of indigenous livestock breeds compatible with the natural resources available, through the rational use thereof, for the purpose of obtaining quality products and improving the Spanish cattle herd.

Article 2. Definitions.

For the purposes of this royal decree: a) Competent authority: the competent authority of the autonomous community in which it radiating the livestock holding.

(b) Exploitation: those defined in Article 2 of Royal Decree 479/2004 of 26 March 2004 establishing and regulating the general register of livestock holdings. (c) Agri-food differentiated quality systems: those applied by natural or legal persons whose forms of production are defined in Council Regulation (EC) No 509/2006 of 20 March 2006 on specialities Traditional guaranteed agricultural products and foodstuffs, Regulation (EC) No 510/2006 of 20 March 2006 on the protection of protected geographical indications and protected designations of origin for products agriculture and food, Council Regulation (EC) No 834/2007 of 28 June 2007, on the production and labelling of organic products and repealing Regulation (EEC) No 2092/91 and the rules on integrated livestock production. The optional labelling schemes established by Community or national legislation will also have this consideration. (d) Spanish indigenous race: Aquella Raza classified as such according to Royal Decree 1682/1997, of 7 November, for which the Official Catalogue of the Cattle Races of Spain is updated.

Article 3. Beneficiaries.

1. Natural or legal persons, holders of livestock holdings, registered in accordance with the provisions of Royal Decree 479/2004 of 26 March 2004, whose activity corresponds to those referred to in Article 1, may be eligible for such aid. Article 4.1 of this royal decree.

2. Beneficiaries shall comply with the requirements set out in this provision.

Article 4. Eligible activity.

1. Livestock holdings which have breeding animals belonging to indigenous breeds may be the subject of a subsidy and shall be geared towards the attainment of a livestock production which: (a) It provides for the conservation and improvement of the environment. environment and the natural environment.

b) Provide for the conservation and improvement of the exploited indigenous livestock breed. (c) appropriate hygiene and animal welfare conditions are carried out. (d) Ensure adequate animal health and a feeding of livestock based on natural resources.

2. Compliance with the basic legislation on the environment, health, welfare and animal identification shall in no case be eligible.

3. The aid shall be granted for activities carried out during the entire financial year concerned.

Article 5. Requirements and commitments.

1. In order to enable holders of livestock holdings to be included in the programmes established by the Autonomous Communities for that purpose, they must fulfil the following requirements: (a) Apply on their holdings a management system which provide for the productive, environmental and social functions of livestock farming, as well as animal welfare, in accordance with the provisions set out in the Annex.

b) comply with the guidelines for good hygiene practices established for each livestock producer sector at Community level, as laid down in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April The European Council of the European Community (2004) laying down specific hygiene rules for food of animal origin. In their absence, the guides to good national hygiene practices promoted by the Ministry of Agriculture, Fisheries and Food or, failing that, those existing at the regional level, shall apply. c) To be aware of the compliance with the tax obligations and the social security, in accordance with the current regulations. (d) to present an operating plan which shall include at least the provisions of Article 7.2 and prove the economic viability of the plan. (e) Contar with breeding livestock belonging to indigenous breeds and have a sufficient territorial area generating the natural resources necessary for the livestock production to which it is intended.

2. In addition, the holder of the holding shall be formally committed to the competent authority of the Autonomous Community to meet the above requirements for a period of five years, according to the form established by that authority. competent.

Article 6. The amount, compatibility and limits of the aid.

1. The aid provided for in this royal decree shall be compatible with other aid which it establishes with the same object, if any, any other public administration.

2. The amount of aid provided for in this royal decree shall be EUR 100 per UGM of reproductive animal recognised as belonging to the indigenous breed of promotion and EUR 130 per UGM of reproductive animal recognised as belonging to the indigenous breed. of special protection, not exceeding EUR 6 000 per livestock holding. However, if the livestock holding is also included in a system of differentiated agri-food quality, up to 20 per cent of the previous amounts may be increased. 3. The autonomous communities may provide additional aid to those provided for in this standard and, where appropriate, include additional requirements for animal welfare and environmental conditions, as provided for in the Articles 39 and 40, and the limits set out in the Annex to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD), with the limits provided for in Article 19 of Commission Regulation (EC) No 1857/2006 of 15 December 2006, on the application of Articles 87 and 88 of the Treaty to State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001. The Ministry of Agriculture Fisheries and Food, once the territorial distribution of the funds provided for in Article 9 has been carried out and upon application by the Autonomous Community, may, where appropriate, contribute to the financing of such aid provided the budget is sufficient to make it available. 4. Each beneficiary may receive such aid for a maximum period of five consecutive annual financial years, following annual submission of the renewal of the commitment laid down in Article 5.2 to the same body with which it was established.

Article 7. Submission of applications.

1. Applications shall be addressed to the competent authority of the autonomous community in which the applicant's holding is to be operated and shall be completed on the terms set out in the relevant call.

2. Applications shall be accompanied by at least the following documentation:

(a) The description of the farm, including the ratio of the facilities, livestock accommodation, number and type of animals and area available to the animals. This shall also specify the human resources available to the livestock holding by valorisation in UTH as well as any other aspect for the purpose of their assessment in accordance with the criteria laid down in Article 9.

(b) The management programme of the holding, in which the following areas are specified, for the purposes of verifying the requirements set out in the Annex:

1. Environment.

2. Animal Welfare. 3. The hygiene of the holding, including the management of by-products of animal origin not intended for human consumption and waste. 4. Food of animals. 5. Animal health. 6. Production and Management, including breeding and breeding.

(c) Accreditation of compliance with the requirements set out in Article 5. 3. Applications may be submitted annually by 1 May, according to the specific call.

Article 8. Instruction, resolution and payment.

1. The receipt of applications, processing and resolution shall be the responsibility of the competent authority of the autonomous community within the time limit set for each call.

2. The control and payment of the aid shall be the responsibility of the competent authority. 3. The decisions to grant aid shall take account of the available budgetary resources and shall expressly state the funds which come from the general budget of the State.

Article 9. Objective criteria for granting the grant.

1. For the grant of the grants provided for in this royal decree, applications for aid shall be assessed on the basis of the following criteria: (a) Holdings with breeding animals belonging to indigenous breeds of special protection in percentage equal to or greater than 50 per cent of the total breeding players, 4 points.

(b) Holdings with breeding animals belonging to the rest of the indigenous breeds in percentage equal to or greater than 50% of the total breeding stock of the holding, 3 points. c) Livestock farms with less than 50 UGM cattle per UTH, 3 points. (d) Exploitation included in a system of production of differentiated agri-food quality, 2 points. (e) holdings in which the bait of the animals is carried out on the holding itself or in the case of sheep and goats in the making centres of the producer association, in a percentage equal to or greater than 50 per cent, 2 points. (f) all breeding animals of the holding participate in a programme for the conservation or improvement of the officially approved indigenous breed, 1 point. (g) Livestock farms attached to a producer group, 1 point. (h) To provide for the status of a farmer as a principal, according to Law 19/1995 of 4 July, of the modernization of agricultural holdings, 1 point. (i) holdings in less-favoured areas, in accordance with Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repeal certain Regulations, 1 point. (j) To provide for the condition of a young farmer, according to Law 19/1995 of 4 July, of the modernization of agricultural holdings, 1 point. (k) the holder or co-owner of the holding is a woman, or, if it is an associative or societarian holding, when at least 50 percent of the members of the holding are women, 1 point.

2. In addition, depending on the specific programme of each Autonomous Community, it will have 5 points to establish its own criteria to be added to those set out in the previous paragraph.

Article 10. Transfer of funds.

The Ministry of Agriculture, Fisheries and Food will transfer to the autonomous communities the corresponding amounts to pay for the payment of the subsidies regulated by this royal decree, according to the availabilities In accordance with Article 86 of Law 47/2003 of 23 November 2003, General Budget. For each financial year, it shall be established, in accordance with the available budgetary resources, and taking into account, where appropriate, the remaining funds resulting from the end of each financial year held by the Communities. autonomous, the maximum amount corresponding to each Autonomous Community.

Article 11. Justification for compliance and controls.

The beneficiaries of the aid will have to justify the fulfilment of the purpose for which they were granted, and the application of the funds received, by the presentation of the appropriate documentation of the aid. compliance with the undertaking acquired, within the time limit and form to be determined by the authority which granted them, without prejudice to the controls, administrative or on the spot, which the competent authority may carry out.

Article 12. Amendment of the resolution, non-compliance and drawback.

1. Any alteration of the conditions under consideration for the grant of the grant may result in the modification of the grant decision. Furthermore, the concurrent collection of grants granted by other public or private national or private authorities may result in the modification of the grant decision.

2. If the beneficiary fails to meet the conditions required for the grant of the grant, irrespective of other responsibilities in which it may have incurred, it shall lose the right to the grant granted, with the obligation to return, if it is has been paid, of the amount received, with the interest of late payment legally established, from the time of payment. 3. Likewise, the recovery of the amounts received shall be carried out, as well as the requirement of interest for late payment of the subsidy, in the other cases referred to in Article 37 of Law 38/2003 of 17 November. 4. Non-compliance with basic environmental, health, welfare, food or animal identification legislation during the 5 years committed under Article 5.3 shall result in the loss of the right to the grant, with the the repayment obligation, if it had been granted, of the amount of the amount collected, plus the interest for late payment legally established from the time of payment.

Article 13. Duty of information.

The autonomous communities shall forward annually to the Ministry of Agriculture, Fisheries and Food, before 1 April of each year, the detailed data relating to the aid granted and paid in the previous year.

Final disposition first. Competence title.

This royal decree is of a basic character, and is dictated under the protection 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 the activity economic.

Final disposition second. Suspensory condition.

In accordance with Article 9.1 of Law 38/2003 of 17 November, the payment of the aid regulated in this royal decree will be conditional on the positive decision of the European Commission in accordance with the Article 88.3 of the Treaty establishing the European Community.

Final disposition third. Development and implementation faculty.

The Minister of Agriculture, Fisheries and Food is empowered to adopt, within the scope of his powers, the provisions and measures necessary to fix annually, in the event of need and for justified economic reasons, the the maximum eligible amount per holding and to amend the time limit for the submission of applications.

Final disposition fourth. Entry into force.

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

Given in Madrid, 21 December 2007.

JOHN CARLOS R.

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

ANNEX

Requirements for livestock farms to be required for the promotion of certain livestock production systems

A. Minimum general requirements for livestock holdings for which aid is requested

1. The holdings will be registered in the General Register of Livestock Holdings (REGA), with all the information provided for in Royal Decree 479/2004 and its classification must be of production and reproduction.

2. The production system must be linked to the existence and livestock use of a sufficient territorial base. 3. The holding shall have and apply a hygienic-sanitary programme supervised by the responsible veterinarian. In the case of the holding in the territorial area of an officially recognised animal health protection group and not belonging to it, it shall at least apply the health programme of the latter. 4. The farm must have a food program based on natural resources. 5. The beneficiaries must attend specific training courses. However, those with an academic degree in agricultural or livestock farming shall be exempt. 6. Livestock activity will tend to the conservation of the natural environment, with particular attention to the management of waste and by-products, water consumption and the management of the efficient use of energy. 7. In addition, the activity of the livestock holding shall ensure:

a. Rational management of the means of production.

b. Conservation of the area's own elements and in line with the natural environment.

B. Minimum requirements for holdings of bovine, ovine and caprine

1. The stocking density of the holding shall be a maximum of 1,5 Units of Greater Livestock (UGM) per hectare. The following conversion table will be used: a. Male and female cattle aged over 24 months: 1 LU.

b. Male and female cattle between 6 and 24 months: 0.6 UGM. c. Male and female cattle up to 6 months: 0.2 UGM. d. Sheep: 0.15 UGM. e. Goats: 0.15 UGM.

2. At least 10% of the breeding stock must be registered in herd-books, managed by an officially recognised entity, or otherwise recognised and expressly certified by that entity as belonging to the employer. race, with a commitment to reach 40 percent by the end of the five years.

3. At least 60 per cent of the replacement animals shall come from the holding itself, except in the case of replacement with animals of indigenous breeds entered in the herd-books. However, this requirement shall not be such where, for veterinary reasons, there is a sanitary emptying, or natural disasters recognised by the competent authorities, the replacement is compulsorily external. 4. In the bovine species, except in those productions of differentiated quality in which another requirement is legally established, it must also be complied with:

a. The minimum age of the heifers for their first delivery must be 24 months.

b. The sale of the animals may not be carried out before 5 months of age after the breast-feeding period.

5. In the case of ovine and caprine species, except in those productions of differentiated quality in which another requirement is legally established, it must also be complied with:

a. The minimum age of the lambs for their first delivery must be 12 months.

b. The sale of the animals may not be carried out before 2 months of age after the breast-feeding period, except where it is intended for slaughter.

C. Minimum requirements for pig holdings to be required

1. The stocking density of the holding shall be a maximum of 1,5 Units of Greater Livestock (UGM) per hectare, and, where appropriate, during the mountain periods, the livestock load corresponding to pigs shall be equal to or less than 0,5 UGM per hectare. ha. The following conversion table will be used: a. Cerda in closed cycle, including its pups until end of bait: 1 UGM.

b. Sow with piglets (from 0 to 6 kg) until weaned: 0.25 UGM. c. Sow with piglets up to 20 kg: 0.30 UGM. d. Cerda with replenishment: 0.14 UGM. e. Piglets from 6 to 20 kg: 0,02 UGM. f. Pork from 20 to 50 kg: 0.10 UGM. g. Pork from 50 to 150 kg: 0.16 UGM. h. Verracos: 0.30 UGM.

2. At least 20% of the players must be registered in genealogical books managed by an officially recognised entity, or in their absence recognised and expressly certified by that entity as belonging to the employer. race, with a commitment to reach 40 percent by the end of the five years.

3. At least 50% of the animals born on the holding, which are not intended for replacement or sale as breeding animals, shall be primed on the holding itself.

D. Minimum requirements for equine livestock holdings to be required

1. The stocking density of the holding shall be a maximum of 1,5 Units of Greater Livestock (UGM) per hectare. The following conversion will be used: a. Equidae over 6 months of age, 1 LU.

b. Equidae less than 6 months 0.2 UGM.

2. At least 10% of the breeding stock must be registered in herd-books, managed by an officially recognised entity, or otherwise recognised and expressly certified by that entity as belonging to the employer. race, with a commitment to reach 20 percent by the end of the five years.

3. At least 60% of the animals intended for the annual replenishment as breeding futures shall proceed from the holding itself, except in the case of replacement with animals of indigenous breeds entered in the breeding books. However, this requirement shall not be such where, for veterinary reasons, there is a sanitary emptying, or natural disasters recognised by the competent authorities, the replacement is compulsorily external. 4. The minimum age of the mares for their first delivery must be 36 months. 5. The sale of the animals may not be carried out before 6 months after the breast-feeding period.

E. Requirements for poultry poultry holdings

1. The density of production shall be according to the species, always inferior to: a. Hens (chickens), turkeys and ducks: 25 kg live weight/m².

b. Ocas: 15 kg of live weight/m².

2. The holding shall be classified by:

a. Zootechnical criteria: At least as multiplication and production, as provided for in Article 3.1 (d) of Royal Decree 1084/2005 of 16 September 2005 on the management of poultry farming.

b. Sustainability criteria: The form of farming will be one of the criteria laid down in Article 3 (3) (a) and (4) of Royal Decree 1084/2005 of 16 September 2005 on the management of poultry farming.

3. At least 10% of the holdings of the holding registered in herd-books managed by an officially recognised or failing entity recognised and expressly certified by that association as belonging to the race pattern, with a commitment to reach 20 percent by the end of the five years.

4. The minimum age for slaughter of animals shall be:

a. 56 days in the case of chickens (chickens).

b. 112 days, in the case of ocas. c. 70 days in the case of turkeys. d. 65 days in the case of ducks.

5. For the assessment of the stocking density present on the holding, the following correspondence shall be used according to the species:

a. Chicken (chicken) greater than 28 days: 0.005 UGM.

b. Oca greater than 61 days: 0.01 UGM. c. Turkey greater than 35 days: 0.01 UGM. d. Duck older than 33 days: 0.005 UGM.

F. Requirements for the laying-on poultry holding

1. The production density shall always be less than 9 laying hens/m2 of usable surface. For the assessment of the stocking density present on the holding, the correspondence of a breeding hen shall be used equivalent to 0,01 UGM.

2. The holding shall be classified by:

(a) zootechnical criteria: It shall be registered as a form of breeding, breeding on soil or organic production as laid down in Royal Decree 372/2003 of 28 March establishing and regulating the General Register of establishments of laying hens.

(b) Sustainability criteria: In the case of breeding of hens, free air access shall be available throughout the day unless temporary veterinary restrictions are in place for animal health reasons, with a density maximum of 2,500 hens per hectare of land. In the case of organic production, the minima shall be those laid down in Council Regulation (EEC) No 2092/91 on organic production of agricultural products.

3. At least 10% of the holdings of the holding registered in herd-books managed by an officially recognised entity or in their absence recognised and expressly certified by that entity as belonging to the employer race, with a commitment to reach 20 percent by the end of the five years.