According to Law 8/2003 of 24 April of animal health, livestock markets are centres of animal concentration and have, as they do, a commercial function since they meet animals from different sources of origin. for the establishment of homogeneous lots for the Community or national market. There is no doubt the economic and social importance of the activity of the livestock markets. The number of companies whose economic activity is linked to that of the livestock markets is also important in Spain. The growing demands of consumers in the field of animal health and welfare, the identification and traceability of livestock and livestock products established by the European Union require this type of farm to modernise the structures of marketing. The passage of live animals through the markets is one more stage in the life of the animal destined for the production of meat and must be considered as an integral factor of the control of the "integral quality" of the meat. As a result of the above, this royal decree aims to establish a de minimis aid line intended to support those applying self-control systems in livestock markets, such as the introduction and development of a Protocol of actions, which with prior and preventive character allow for a more detailed control of the different stages, achieving a better use of its resources and therefore giving a faster and more effective response to the possible eventualities likely to affect the achievement of the established objectives of health, welfare, identification and traceability of livestock. The provisions of this royal decree are dictated in accordance with Law 38/2003 of 17 November, General of Grants, and in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State the competence on bases and coordination of the general planning of economic activity. The provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid are applicable to this royal decree. In the process of drawing up this royal decree, the autonomous communities and the entities representing the interests of the sectors affected have been consulted. In its virtue, on a proposal from the Minister for Agriculture, Fisheries and Food, after deliberation by the Council of Ministers at its meeting on 9 February 2007

D I S P O N G O:

Article 1. Object.

This royal decree aims to establish the regulatory basis for de minimis state aid under competitive competition by means of the pro-rata system for the implementation of self-control systems in the Member States. livestock markets.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions shall be understood as: (a) Competent authority: the competent authority of the autonomous community in which it radiating the market.

(b) Livestock market: the public concentration of live livestock, for commercial purposes, held in places for the purpose, on certain dates and on a regular basis, and approved as such by the competent authority.

Article 3. Beneficiaries.

1. Legal persons, public or private, who hold a livestock market, as established in the database of the General Register of livestock farms set up by the Royal Decree, may be eligible for such aid. 479/2004 of 26 March 2004 establishing and regulating the general register of livestock holdings.

2. As requirements for the granting of the aid, the markets must:

(a) Being authorised as centres of concentration for intra-Community trade in accordance with Royal Decree 1716/2000 of 13 October on health rules for the intra-Community trade in bovine animals and The Commission has taken into account the fact that the Commission has taken the necessary measures to ensure that the aid is granted to the Community and to the Member States concerned.

b) To be held at least weekly.

Article 4. Eligible activity.

1. The implementation of a self-control system whose minimum requirements are determined in Article 5 of this royal decree will be subsidised.

2. Compliance with the mandatory legislation on the environment, health, welfare and animal identification shall not be eligible under any circumstances. 3. The system of self-control shall be inspected as determined in Article 6.

Article 5. Minimum requirements for self-control systems.

1. The self-control systems applicable in the livestock markets must at least record the checks carried out on the following general aspects of the market and the activity of the market: (a) optimal maintenance of the facilities of the market.

b) Training of staff. (c) Organisation of the market activity.

2. The self-control system shall include at least the following elements:

a) Choice of points, places, performances in which control should be performed.

b) Objectives to be achieved or guide values that are expected to be obtained at that checkpoint. c) Frequency of controls. (d) Registration of the incidents where these objectives or values are not reached. (e) Corrective measures applied in the event of occurrence of incidents.

Article 6. Checks and inspections.

1. The supervision of the self-monitoring system may be carried out by the competent authority or independent control bodies which shall verify, by means of an inspection visit, on a half-yearly basis, that the system has been implemented. In the event of non-compliance, the frequency of supervision of the self-control system shall be reduced in the terms established by the competent authority.

2. The requirements and procedures for the performance of independent control bodies shall be in accordance with the provisions of the Annex. 3. The competent authorities shall carry out the administrative and on-the-spot checks they deem appropriate to verify compliance with the system of self-control in the markets. The checks may affect both the actions of the control bodies and the markets themselves in order to verify compliance with the system of self-control.

Article 7. Applications.

1. Applications for assistance shall be addressed to the competent body of each Autonomous Community and shall be completed on the terms set out in the relevant call. At least one description of the self-control system shall be attached to the implementation in accordance with the terms of Article 4 and the detailed budget of the system implementation costs.

2. Applications must be submitted by 15 March of each year.

Article 8. The amount, compatibility and limits of the aid.

1. The aid provided for in this royal decree is compatible with those other than that which it lays down with the same object, if any, any other administration, provided that the maximum levels of aid for the investments provided for in paragraph 2 are respected.

2. The level of aid for the investments provided for in this royal decree may not exceed 50% of the eligible investments, in Objective 1 regions, or 40% in the other regions. Objective 1 regions are defined as those defined in Articles 3 and 6 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds. 3. Without prejudice to the above paragraph, the maximum State aid may not exceed EUR 36,000 per beneficiary per year. 4. Where the amount of aid applications exceeds the amount available in the corresponding appropriation from the budgets of the Ministry of Agriculture, Fisheries and Food, the unit amounts of the aid shall be reduced proportionately. the aid transferred by the Ministry of Agriculture, Fisheries and Food. 5. The aid granted in accordance with this royal decree will be in accordance with the following additional limitations:

(a) At most, a beneficiary may receive these grants for five consecutive years.

(b) In the first year, the implementation of the system of self-control of that market may be supported. (c) In the following years the control costs relating to the self-control system in the market shall be subsidised. (d) Each beneficiary may receive only for three years the maximum rate of subsidy to be fixed for each financial year. (e) Where a beneficiary receives these grants four or five years, the amount that he may receive from the General Budget of the State shall be, at most, 40% of the control costs for the fourth year and 30% for the fifth.

6. The aid package shall in no case exceed the amount of EUR 200,000 per beneficiary.

Article 9. Instruction, resolution and payment.

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

2. The decisions to grant aid will take account of the available budgetary resources, and it will be expressly stated that the aid is de minimis and that the funds with which it is paid come from the general budget of the State.

Article 10. Financing of the aid.

1. The Ministry of Agriculture, Fisheries and Food will finance the aid provided for in this royal decree under the budgetary implementation for each financial year to be determined in the General Budget of the State.

2. The territorial distribution of the appropriations for the present aid, entered in the general budget of the State in charge of the Ministry of Agriculture, Fisheries and Food, shall be carried out in accordance with the provisions of the Article 86 of Law 47/2003 of 26 November, General Budget.

Article 11. Justification for compliance and controls.

The beneficiaries of the aid must justify the fulfilment of the purpose for which they were granted, and the application of the funds received, by the submission of the relevant supporting documents, in the time 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 obtaining of subsidies granted by other public or private national or private authorities, national or international, will result in the modification of the concession resolution, in the terms provided for in the article. next.

2. Failure to comply with the conditions required for the grant of the grant, irrespective of any other liabilities incurred by the beneficiary, will result in the loss of the right to the grant granted, with the obligation to refund, if it has been paid, of the amount collected with the interest of the legally established delay, from the moment of its payment. It shall also refund the amounts received, as well as the requirement of interest for late payment from the time of payment of the subsidy, in the other cases referred to in Article 37 of Law 38/2003 of 17 November 2001. Grants.

Article 13. Duty of information.

The autonomous communities shall forward annually to the Ministry of Agriculture, Fisheries and Food, in the first quarter of each financial year, the data relating to the aid granted in the previous year.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Constitution, which attributes to the State the competence on the basis and coordination of the general planning of economic activity.

Final disposition second. Applicable rules.

In everything not foreseen in this royal decree will be applicable Law 38/2003, of November 17, General of Grants.

Final disposition third. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to issue, in the field of his competence, the precise measures for the implementation and enforcement of this royal decree, as well as to modify the maximum period of time 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, on February 9, 2007.

JOHN CARLOS R.

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

ANNEX Requirements and functions of independent control bodies

The independent control bodies shall meet the criteria set out in ISO/IEC 17020, with a scope including the inspection of the market self-monitoring systems, and shall be in a timely manner. accreditation issued by the National Accreditation Entity (ENAC) regulated in Chapter II, Section 2, of the Infrastructure Regulation for the Quality and Industrial Safety approved by Royal Decree 2200/1995, or any other entity of EA member accreditation.

On a transitional basis, the independent control bodies which have applied for the corresponding accreditation may be provisionally authorised by means of a resolution of the Ministry of Agriculture, Fisheries and Food. a maximum period of up to two years after the entry into force of this royal decree, as long as they obtain accreditation, upon request and submission of the following documentation:

1. Justification of the technical competence to perform the task by: a) Organisation chart.

b) Personal inspector (number). (c) Initial education, training and training, appropriate expertise and experience.

2. Legal identification of the body.

3. Adequate liability insurance. 4. Tariffs. 5. Appropriate inspection methods and procedures. 6. Type or model of inspection report containing at least the results of the examinations and determinations, as well as all the information necessary to understand and interpret them.

Obligations:

The independent control bodies shall retain for their possible consultation by the competent authorities for a period of five years the dossiers, documentation and data of the checks carried out and of the reports. issued.