The social demand to acquire safe food and consumer demand for more information on the origin and processing processes to which they are subjected are giving rise to far-reaching changes in the way to produce and transform food. So much so that the health crises experienced by some sectors over the last decade led to the loss of consumer confidence in certain products of animal origin. In recent years, traceability and self-control programmes have been developed and implemented at all stages of the production, processing, storage, distribution and marketing of food as tools for its hygienic and nutritional quality, while providing the information demanded by consumers. On the other hand, the publication of new Community and national rules reinforces these new systems, stressing the importance of controls at all stages of production and marketing, some of which are carried out by third parties, that is, by entities independent of those that produce and market, as additional guarantors of quality. The existence of accredited means of verification of the results obtained in the self-control programmes is a valid instrument to improve the assessment of the functioning of the traceability mechanisms. In addition, in view of the growing demand for quality agri-food products, it is crucial to stimulate the response of the producer sector from public administrations, with efforts aimed at improving the forms of production resulting in the increase in the final quality of products, as demanded by consumers. As a result of the above, it is appropriate to establish lines of State aid to encourage the application of traceability control systems to those implementing programmes for the production of agri-food products. quality of animal origin involving each and every stage of production and marketing of agri-food products, from the farm to the final consumer, by means of the contribution to the financing of the expenditure arising from the technical assistance necessary for the development and operation of these systems, as well as of certain expenditure which involves the implementation of these costs, including the costs incurred in carrying out the quality checks carried out by third parties. This aid is in line with the provisions 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 (OJ L 358 of 16 December 2006). In accordance with the above, by means of this royal decree, pursuant to the provisions of Law 38/2003, of 17 November, General of Grants, the regulatory bases of the grants are established to promote the production of products Animal-based food-quality food products. The purpose of the aid is to respond to a specific economic situation which, by its very nature, justifies the establishment of this regulation by means of a royal decree. In the preparation of this royal decree, the autonomous communities and the entities representing the interests of the affected sectors have been consulted. 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 7 December 2007,

D I S P O N G O:

Article 1. Object.

This royal decree aims to establish the regulatory basis for the granting of a competitive competition for subsidies to encourage the production of food products of animal origin.

Article 2. Definitions.

1. For the purposes of this royal decree, the definitions laid down in Article 3 of Law 8/2003 of 24 April 2003 on animal health and in Article 2 of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the 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.

2. In addition,

following definitions shall apply:

(a) Food products of animal origin quality: Meat, milk, eggs, honey and land snails intended for human consumption, obtained from production animals from holdings participating in quality production programmes and which have been raised in accordance with the provisions of those programmes.

b) Quality production program: This is the one applied by the beneficiaries provided for in Article 3 of this royal decree, with the aim that, through control mechanisms entrusted to independent entities, it will contribute the maximum guarantee of traceability, quality and information to the consumer on agri-food products of animal origin placed on the market, with requirements different from those laid down in the basic legislation on livestock production; and which involve all stages of production and marketing.

Article 3. Beneficiaries.

These grants may be beneficiaries of such associations as associations of the agricultural sector, including associations or producer groups, which implement quality production programmes and comply with them. requirements set out in this royal decree.

Article 4. Requirements.

1. In order to obtain the grants provided for in this royal decree, applicants must develop a quality production programme in which the description of the programme shall include at least the following: (a) General explanation of the production and processing employees along the entire chain.

(b) Detailed explanation of the traceability system used for the monitoring of animals and products and, where appropriate, of the animal identification system used. (c) Relation in which the holdings, slaughterhouses, agri-food industries and other establishments participating in the programme are identified, including the official approval or registration code attributed by the competent authority to each participating agent. In the case of meat and eggs, the list of points of sale or the list of final recipients shall be indicated. (d) the official authorization or registration code attributed by the competent authority to each participating agent, which establishes compliance with the requirements required by the regulations in force for the exercise of the corresponding activity. (e) Detailed description of the distribution of responsibilities between the various actors involved in the programme, which will involve the provision of a copy of its statutes or rules of procedure and the description of the measures applicable in the event of non-compliance with the same. Where no statutes or rules of procedure are available, a copy of the relevant contracts shall be provided between the agents participating in the programme. (f) Control Regulation specifying:

1. Program of inspection visits and periodicity of the same in farms, slaughterhouses, agro-food industries, outlets and other establishments participating in the program.

2. The sampling system and the number of samples to be taken at each stage of the process. 3. Protocol for the implementation of controls at all stages of production: exploitation, slaughter, agri-food industry, outlets and other establishments participating in the programme.

2. Applicants must comply with the requirements of Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises.

3. Applicants must be aware of their tax obligations and social security in accordance with current regulations, which must be accredited by means of the certifications provided for in Article 22 of the Royal Decree. 887/2006, of July 21, for which the Regulation of Law 38/2003, of 17 November, General of Grants is approved. They shall also comply with the other requirements set out in Article 13 of Law 38/2003. 4. The entity entrusted with the implementation of the actions provided for in the control regulation set out in Article 4.1.f) shall be an independent control body which is accredited by an accreditation entity according to the Royal Decree 2200/1995 of 28 December 1995 approving the Regulation on the infrastructure for industrial quality and safety, in accordance with EN 45011, concerning the general requirements for entities carrying out certification products, in the agri-food sector. 5. The laboratories where the analysis of the samples is carried out for the assessment of the physical, chemical and sanitary parameters of the animals and of the food products of animal origin that are considered in the respective ones Control Regulations shall comply with the UNE EN ISO/IEC 17025 standard setting out the general requirements for the technical competence of test and calibration laboratories for their accreditation. 6. To benefit from the maximum amount of aid, they must be marketed in establishments included in the quality production programme, at least 75% of the animals and the agri-food products of animal origin quality. registered in that programme. In cases where animals and agri-food products of animal origin finally intended for consumption do not reach this percentage, the aid shall be reduced to the proportion of animals and agri-food products of quality animal origin actually marketed. 7. The quality production programme shall have an optional labelling system. In the case of beef, poultry meat and eggs, this optional labelling system will be established in the legislation in force. In the case of milk, the quality production programme must comply with the rules on the implementation of insurance systems for the integral improvement of the quality of milk.

Article 5. Eligible activity.

1. For the purposes of this royal decree, aid may be granted to finance the following activities of the quality production programme: (a) Technical assistance for the study of markets, and for the design and creation of products Animal-based food-quality food products.

b) Implementation of quality production programmes. (c) Training of staff, specifically related to the quality production programme. (d) Certification of the quality production programmes implemented.

2. The grants provided for in this royal decree will be awarded to activities carried out throughout the relevant financial year.

Article 6. Objective criteria for granting the grant.

1. In granting the grants provided for in this royal decree, applications for aid shall be ordered according to the following objective criteria, with a valuation of one to five points for each of the following criteria: (a) quality production programmes which place on the market a higher volume of agri-food products of animal origin, depending on the species.

(b) Those quality production programmes which have a higher number of livestock holdings. (c) quality production programmes whose holdings maintain indigenous livestock breeds in extensive schemes, in accordance with the relevant regulatory standard.

In addition, each autonomous community will have up to six points to assess other complementary objective criteria in the applications.

2. Those applicants who do not obtain a minimum score of ten points will not be eligible for these grants. 3. Where more than one applicant obtains the same score, it shall apply, in order to establish the priority of applications, the criteria of paragraph 1 of this Article, in the order established therein. 4. Where any of the beneficiaries give up the grant, the granting authority shall, without the need for a new call, agree to grant the grant to the applicant or applicants following that in order of their score, provided that sufficient credit has been released for at least one of the applications refused, provided that the waiver by one of the beneficiaries has been granted.

Article 7. Submission of applications.

1. Applications for assistance shall be addressed to the competent body of the autonomous community in which the applicant has his registered office and must be accompanied, at least, by the following documentation: (a) Statute or Rules of Procedure of the applicant legal person.

b) Quality production program, which should include:

1. The program's descriptive memory.

2. The program's detailed budget. 3. Control Regulation.

(c) For the purpose of applying for grants to finance the activities provided for in Article 5.1 (a), (b) and (c), documentation shall state that the activities envisaged for the grant are justified, accompanied by its contents and the budget for its implementation.

(d) For the purpose of applying for grants to finance the activity referred to in paragraph (d) of Article 5.1, documents identifying the control entity and the laboratories where the samples are to be analysed accompanied by its contents and the budget for its implementation. (e) Supporting documentation of the condition of the beneficiary's SME, which may consist of a statement responsible for the management body of the requesting entity.

2. Where the aid is requested for the activity referred to in Article 5.1 (a), and this activity is prior to the implementation of the quality production programme, compliance with the requirements laid down in Article 5 (1) shall be required. paragraphs 1.a), 1.b) and 2 of Article 4 of this royal decree.

3. Applications for aid may be submitted annually until 1 May of each year.

Article 8. Limits and amounts of subsidies.

1. Grants awarded for the financing of the activities referred to in Article 5 shall not exceed the limits laid down in Article 14 of Commission Regulation (EC) No 1857/2006 of 15 December 2006.

The total amount of grants awarded by public administrations may be up to 100 percent of the costs of such activities, without any budgetary availability being exceeded. 2. Programs that are presented in accordance with the provisions of this royal decree shall comply with the following limitations:

(a) At most one programme may receive these grants for five years.

(b) Each programme may receive for three years only the maximum percentage of aid to be fixed for each financial year. (c) Where a programme receives four or five financial years, the amount to be collected shall be at most 40% of the expenditure for the fourth financial year and 30% for the fifth year. (d) grants for the financing of the activities referred to in Article 5 (a) and (c) may be granted only for one financial year. (e) Grants to finance the activity referred to in Article 5 (b) may be collected only for two consecutive years, provided that they are new programmes.

Article 9. Transfer of funds.

1. The Ministry of Agriculture, Fisheries and Food shall transfer to the autonomous communities the amounts corresponding to the payment of the subsidies covered by this royal decree, in accordance with the available budget and 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 in which they are held. the Autonomous Communities, the maximum amount corresponding to each Autonomous Community. 2. The remaining funds resulting from the end of each financial year held by the Autonomous Communities will continue to maintain the specific destination for which they were transferred and will be used in the following exercise as a cash-flow situation at the origin for the granting of new grants.

Article 10. Instruction, resolution and payment.

1. The competent bodies of the autonomous community in the territory of which the applicant's registered office is located shall instruct the procedure and provide a reasoned decision within the time limit set for each call, which shall in no case be be more than six months after the procedure is initiated. The payment of the subsidy shall also be the responsibility of those bodies.

2. The decisions to grant grants shall take account of the available budgetary resources, and it shall be expressly stated which funds come from the general budget of the State.

Article 11. Compatibility of the grants.

Without prejudice to Article 19 of Commission Regulation (EC) No 1857/2006 of 15 December 2006, the amount of the grants covered by this Royal Decree shall in no case be exceeded, in isolation or in competition with other grants or aid from other public or public or private, national or international authorities, intended for the same purpose, the cost of the activity to be carried out by the beneficiary.

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 comply with the basic legislation on the environment, health, welfare, food or animal identification, as well as the requirements for the grant of the grant, irrespective of other responsibilities If it has been able to incur, it will lose the right to the grant granted, with the obligation to reimburse the amounts already received, increased with the interest of delay. 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, General Grants.

Article 13. Justification for compliance and controls.

The beneficiaries of the grants will have to justify the fulfilment of the purpose for which they were granted, and the application of the funds received, through the presentation of the supporting documents in the period 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 14. Duty of information.

The Autonomous Communities shall forward annually to the Ministry of Agriculture, Fisheries and Food, before 1 April of each year, the data relating to grants awarded and paid in the previous year.

Single transient arrangement. Accreditation of independent control bodies.

By way of derogation from Article 4.4 and for the financial years 2008 and 2009, if the control body has not yet obtained the pre-set accreditation, in order to be eligible for the grants referred to in this real decree, the Competent Authority must certify that the control body complies with EN 45,011, and that it has an objective and impartial control system and that it has qualified staff and the necessary resources to develop their function.

In this case, at the time of the justification provided for in Article 13 and relating to 2008, the control body must document before the Competent Authority the application for accreditation and the procedure for the procedure, in accordance with the established procedures, in an accreditation entity according to Royal Decree 2200/1995 of 28 December.

Single repeal provision. Regulatory repeal.

Royal Decree No 1097/2002 of 25 October 2002 establishing aid for quality beef and veal programmes is hereby repealed.

Final disposition first. Competence title.

This royal decree is issued 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 economic activity.

Final disposition second. Development and implementation faculty.

The Minister for Agriculture, Fisheries and Food is empowered to adopt the necessary measures required by Community legislation and, in particular, to amend the time limit for the submission of applications under Article 7.3.

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, on December 7, 2007.

JOHN CARLOS R.

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