Key Benefits:
Regulation (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 aid It replaced Regulation (EC) No 609/2001, which in turn had replaced Regulation (EC) No 411/97. In order to develop certain provisions of Regulation (EC) No 411/97, the Order of the Ministry of Agriculture, Fisheries and Food of 14 May 1997, which regulates the operational programmes and programmes of the Member States, was published. Fruit and vegetable producer organisations, which was subsequently amended by three other ministerial orders in order to take account of the successive entry into force of Regulations (EC) No 609/2001 and 1433/2003. These ministerial orders were the Order of 11 September 2001 for the development and implementation of certain aspects of Commission Regulation (EC) No 609/2001 of 28 March 2001 in relation to the operational programmes and programmes of the the fruit and vegetable producer organisations of 12 December 2002 amending the one of 11 September 2001 for the development and implementation of certain aspects of Regulation (EC) No 609/2001 of the European Parliament and of the Council of 11 September 2002 on the March 28, in connection with the programs and operational funds of the producer organizations fruit and vegetables and 1 October 2003 for the development and implementation of certain aspects of Regulation (EC) No 1433/2003 in relation to the programmes and operational funds of the fruit and vegetable producer organisations Vegetables, as well as certain aspects of Regulation (EC) No 1432/2003, on the recognition of fruit and vegetable producer organisations. In order to unify in a single royal decree the previous ministerial orders, as well as to clarify certain aspects of some of them, it is appropriate to adopt a new normative provision that develops the aspects devices that the Regulation (EC) No 1433/2003 leaves the Member States. In this way, Article 3 of Regulation (EC) No 1433/2003 provides that Member States shall define the reductions to be applied to the invoiced value of products which are invoiced at different stages of processing or supply or transport. These reductions should therefore be determined in this royal decree. For its part, Article 4 of Regulation (EC) No 1433/2003 also determines that the value of marketed production shall be calculated annually for a reference period 12 months to be determined by the Member States. It is therefore appropriate to determine this reference period in this royal decree. Furthermore, this Article 4 also determines the provisions to be adopted by a Member State in the event that the value of a product undergoes a reduction for reasons other than the responsibility and control of the producer organisation. These provisions should be specified in this royal decree. It is also appropriate in this regard to lay down provisions in this royal decree concerning the calculation of the value of marketed production in the case of recognised producer organisations for processing products or in the case of merged producer organisations. Article 5 of Regulation (EC) No 1433/2003 also provides that Member States shall ensure that the management of operational funds is carried out in such a way that expenditure and revenue can be identified and subject to intervention. of annual accounts and certification by external auditors. It is appropriate to determine in this royal decree which types of management of the operational funds are eligible for the provision of the said guarantee. Article 6 of this regulation also determines which forms of financial contribution to the operational fund by the producer organisation are eligible. It is also appropriate in this case to specify in this royal decree the additional provisions governing these forms of contribution. Article 8 of this regulation provides for the elements to be included in the operational programmes, while Article 9 sets out the documents to accompany these operational programmes. These elements and documents should be specified in more detail in this royal decree. Article 9 of this Regulation authorises associations of producer organisations to submit and manage partial operational programmes which will be composed of actions included in the operational programmes of the organisations of the Member producers. In addition, this article provides for the requirements to be met by these partial operational programmes. In this case it is appropriate to include in this royal decree the relevant provisions to ensure compliance with these requirements. Article 10 of Regulation (EC) No 1433/2003 lays down the conditions under which an association of producer organisations may submit a partial operational programme. It is therefore appropriate to develop these conditions in this royal decree. The second paragraph of Article 11 of Regulation (EC) No 1433/2003 empowers Member States to postpone the deadline for the submission of operational programmes as set out in the first subparagraph. It is necessary to specify in this royal decree the competent authority to make such a postponement. The second paragraph of Article 14.1 of Regulation (EC) No 1433/2003 empowers Member States to postpone the deadline for the submission of amendments to operational programmes as set out in the first subparagraph. It is necessary to specify in this royal decree the competent authority to make such a postponement. Articles 14 and 15 of the said Regulation also allow producer organisations to make amendments to their operational programmes for subsequent years and for the current year respectively. It is appropriate to specify in this royal decree the conditions under which these modifications will be authorized. Annex I (2) to the abovementioned Regulation provides for experimental production as an eligible action in the operational programmes, with the power of Member States to determine the eligibility criteria. To this end, it is appropriate to set those criteria in this royal decree. Furthermore, this paragraph 2 of Annex I to this Regulation provides that the environmental management costs and certified seeds, plants and mycelium are eligible actions for inclusion in operational programmes allowing the Member States to Members are the members of the people who are so determined for their determination. It is appropriate to fix these many raised in this royal decree as well as the type of seed that is eligible. Paragraph 4 of Annex I to Regulation (EC) No 1433/2003 also stipulates that the costs of personnel relating to quality, environment and marketing are eligible actions in the operational programmes authorising the Member States to determine such costs as a global quantity expressed as a percentage of the approved operational fund. It should therefore be specified in this royal decree that global quantity. Paragraph 17 of Annex I to Regulation (EC) No 1433/2003 allows investments in individual holdings under the operational programme by entrusting the Member States with the adoption of appropriate provisions for the reimbursement of the investment or its residual value in case the affiliate causes low in the organization. It is therefore appropriate to specify those provisions in this royal decree. Finally, Article 25 of Regulation (EC) No 1433/2003 provides that Member States may adopt additional measures in relation to actions or expenditure which may benefit from aid under the funds and programmes. operations. In this regard, it is appropriate to establish in this royal decree the competent authority in the approval of the funds and operational programmes. In its virtue, on a proposal from the Minister for Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 20 January 2006,
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 implementation of Commission Regulation (EC) No 1433/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 on the refers to the operational programmes and funds, and to the financial assistance.
2. This royal decree shall apply to producer organisations recognised in accordance with Article 11 of Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in the sector of fruit and vegetables, as well as associations of producer organisations recognised in accordance with the rules in force.
Article 2. Competent authority.
The "competent authority" shall be the body designated by the autonomous community where the registered office of the producer organisation, or the associations thereof, for the approval of operational programmes and their modifications.
CHAPTER II
Value of marketed production
Article 3. Definition.
1. The value of the production marketed, hereinafter VPC, shall be understood as the value of the production of the members of the producer organisation for which it is recognised, calculated in accordance with Article 3 of the Regulation. (EC) No 1433/2003 and in this chapter.
2. The amount of the products sold shall be justified by the contribution of the corresponding accounting extract to the conditions laid down in Article 3 (2) to (6) of Regulation (EC) No 1433/2003. exclusively to products from the producer partners themselves and, where appropriate, by deducting the amounts set out in Article 6 of this royal decree. 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 of the producer, because it does not correspond to the latter's commercial activities, shall be justified by the organisation's certificate. marketing. 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 19 of Regulation (EC) No 2193/2002. 1433/2003.
Article 4. Reference period.
1. The reference period referred to in Article 4.1 of Regulation (EC) No 1433/2003 for the purpose of determining the VPC shall be 1 July of the year preceding the communication of the amount of the operational fund and 30 June of the year in which the the communication is carried out.
2. Where the value of some or some of the products of a producer organisation corresponding to the reference period has undergone a reduction, for reasons other than the responsibility and control of the producer organisation, more than 35% of the value of the product in question in the preceding reference period, the value of the product concerned shall be the average of the two preceding reference periods or 65% of the value of the product concerned corresponding to the previous reference period. 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.
Article 5. VPC of producer organisations with products intended for processing.
In the case of producer organisations which fully or partially allocate their production to the processing, the value of those products shall be deemed to be the value of the sale to the processor, including, where appropriate, the aid received as referred to in Article 3.2 of Regulation (EC) No 1433/2003.
Article 6. Reductions to be applied for the calculation of the VPC.
1. In accordance with the provisions of the last paragraph of Article 3.6 of Regulation (EC) No 1433/2003, the value of the production invoiced, marketed by the producer organisation, shall be given the following reductions: (a) of transport costs, of goods packaged and prepared for sale, paid to third parties listed in the accounts of the institution.
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) Where the producer organisation carries out, in whole or in part, the transport of packaged goods and prepared for sale with its own means, an amount equivalent to the cost of depreciation and use of such means. (g) Where the producer organisation itself performs the processing of its products, an amount equivalent to the cost of processing. (h) In the case of producer organisations holding subsidiaries, and their VPC is affected by the provisions of Article 8 of Commission Regulation (EC) No 1432/2003 of 11 August 2003 laying down detailed rules for application of Council Regulation (EC) No 2200/96, as regards the recognition of producer organisations and the prior recognition of producer groups, to the value of the production invoiced at the exit stage of the the cost of the transport between the product conditioning centre and the outlet through the subsidiary of the subsidiary.
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 Autonomous Community of the Canary Islands and in the Autonomous Community of the Balearic Islands, the cost of the internal transport between the packing centre and the distribution centre of those organisations when the latter is located at the exit ports, will be part of the VPC.
Article 7. VPC in case of mergers or takeovers 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.
CHAPTER III
Operational Funds
Article 8. Management.
The management of the operational funds must be carried out, using one of the following two alternatives: (a) A single and exclusive bank account for the management of the operational fund.
(b) 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 seat of expenditure and revenue relating to the operational fund may be identify and be the subject of annual certifications by external auditors, which must be registered in the Official Register of Auditors of the Accounting and Audit Institute of Accounts.
Article 9. Constitution and funding.
1. The establishment of the operational funds, as well as their form of financing, must be approved by the general assembly, or equivalent body, in accordance with the legal personality of the producer organisation.
2. The form of financing of operational funds adopted by producer organisations shall be among those laid down in Article 6.2 of Regulation (EC) No 1433/2003. 3. For the purposes of Article 6.2 (a) of Regulation (EC) No 1433/2003, own funds shall mean any type of fund or resource generated by the producer organisation from the sale of fruit and vegetables from the members of the organisation belonging to the category for which it is recognised, duly accounted for.
Article 10. Information and documentation to be submitted annually.
The producer organisations must communicate to the competent authority before 15 September 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 shall take into account that: (a) the unit amounts of compensation for withdrawals from products not listed in Annex II to Regulation (EC) No 2200/96; shall not exceed the maximum amounts set out in Annex II to this royal decree.
(b) The unit amounts of the allowances for withdrawal allowances for the products listed in Annex II to Regulation (EC) No 2200/96 may not exceed the ceilings set out in Annex II to that Regulation. Commission Regulation (EC) No 103/2004 of 21 January 2004 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the arrangements for intervention and withdrawal from the market in the Fruit and vegetables sector.
CHAPTER IV
Approval of the operational programs
Article 12. Presentation.
1. Producer organisations shall submit, for approval, the draft operational programmes to the competent authority before 15 September of the year preceding the start of their implementation.
2. Entities grouping fruit and vegetable producers and submitting an application for recognition as a producer organisation under Regulation (EC) No 2200/96 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 13. Format and content.
1. The submission of operational programme projects shall be carried out in a single document, adjusted to the structure set out in Annex III to this royal decree and the elements necessary for the competent authority to carry out the projects. checks as provided for in Article 12 of Regulation (EC) No 1433/2003.
2. The projects of operational programmes shall be accompanied by the documentation described in Annex IV to this royal decree.
Article 14. Experimental production.
1. Experimental production as a measure or action of the operational programme may only be approved in so far as a protocol on the experimentation to be carried out is presented, and qualified personnel are available to take care of it.
2. However, the expenditure concerned may not amount to more than 30% of the amount of the operational fund approved and actually carried out, except in the case of associations of producer organisations or joint actions producer organisations in which no limit is set. 3. The competent authority may approve the financing through the operational funds of the following expenditure concepts:
a) Investments in facilities or pilot farms.
b) Qualified personnel dedicated to the exclusive action, or justified with time control. The corresponding cost shall be independent of the cost provided for in Article 15 (b) of this royal decree. (c) Non-fungible laboratory equipment. (d) External contracts with research centres. (e) Acquisition of seeds or plants which are the subject of experimentation, which shall not be subject to the provisions laid down in Article 15.1 (a) of this royal decree. (f) Other expenditure according to the characteristics of the experimental action and the degree of innovation and the risk involved.
Article 15. Unit costs.
1. Operational programmes may include, as expenditure concepts, the following standard unit costs: (a) Use of mycelium, certified plants and seeds defined as 'certified' or 'basic' in Council Directive 2002/55/EEC, of 13 June 2002 on the marketing of vegetable seed: 60 percent of its value, limited to 35 percent of the approved operational fund, and effectively executed.
Operational programmes which are in a state of implementation as at 1 January 2004 and which have approved as a concept of expenditure the acquisition of certified seed, may only be financed through the operational funds seeds provided by suppliers registered in the Register of producers of the Ministry of Agriculture, Fisheries and Food or, in the registers of importers or traders of the Autonomous Communities. The amount approved for this concept in the operational programme may not be increased. b) Cost of environmental management of recyclable and reusable packaging: 17 percent of the cost of purchase, or the cost of renting in reusable packaging, limited to 35 percent of the approved operating fund and effectively executed. The part of the operational fund approved and actually implemented for all the specific costs referred to in the preceding two letters shall not exceed 50% of the total cost of the operational fund.
2. Operational programmes may also include, as expenditure concepts, the costs of personnel 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 can:
(a) Justified by actual expenditure.
(b) To be expressed as a lump sum which shall not exceed 14% of the total amount of the approved operational fund. In the case of using this standard, 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 options described in the preceding paragraphs will be exclusive.
Article 16. Additional external costs.
The inclusion of additional external costs arising from the performance of maritime or rail transport as a replacement for road transport referred to in point 6 of Annex I to Regulation (EC) No 1433/03, be conditional on the justification for the conduct of road transport in previous campaigns and the justification for the difference in costs.
Article 17. Amendments to the operational programmes concerning annuities not started.
1. Each year, within the period laid down in Article 14.1 of Regulation (EC) No 1433/2003, producer organisations may ask the competent authority for the amendments to be made as 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, conditional on the total duration being at least three years. (d) Changes in location or holders of approved investments or actions. (e) Calendars for the execution or financing of investments or concepts of expenditure, including the transfer to a subsequent operational programme of the financing, where the depreciation period of the financing is higher than the duration of the programme; economically justified, and the tax depreciation period is more than five years. (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) The relevant modification of the programme, where substantial changes are made to the market situation or the producer organisation itself, in the opinion of the competent authority. (i) the merger of implementing programmes, motivated by the merger or absorption of producer organisations, or by the 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 three and five 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 the documentation contained in Annex V to this royal decree.
Article 18. Modifications of the operational programmes during the current year.
1. In the course of the current year, producer organisations may make the following amendments affecting the current annuity of the programme, provided that the conditions laid down in paragraph 2 are met: (a) partial implementation of the programme annuity of the operational programme.
(b) Delay or delay in the execution or financing of approved actions, investments or expenditure concepts. (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 are not experienced in a variation of more than 20%. d) Location changes or approved investment holders. (e) Change in the amount of the operational fund for the financing of withdrawals, provided that the provisions of Article 15 of Regulation (EC) No 2200/96 are respected. (f) 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 operational programme resulting, before 15 September, and to communicate to the competent authority the estimated amount of the operational fund. corresponding to the following annuity, also, before 15 September. (g) 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 fulfil the conditions laid down in Article 15 of Regulation (EC) No 2200/96. (h) the form of financing or the management of the operational fund, including where appropriate the change of specific bank account. (i) Amendment of the amount of the operational fund within the limit of 20% of the approved subject provided that the ceiling for Community aid is not exceeded by the establishment of that fund, as laid down in Article 15 (5) of Regulation (EC) No 2200/96. Producer organisations may extend the investments or expenditure concepts envisaged for implementation in the year, bring forward those planned for later years, or extend the intended amount of the fund to be withdrawn, provided that respect the limits and conditions laid down in Regulation (EC) No 2200/96. The reduction in the operational fund below 80% of the amount initially approved may be justified, in particular, by the amendments referred to in points (a) and (e) of this paragraph. (j) Inclusion of new investments or concepts of expenditure within the framework of approved actions.
2. The amendments referred to in points (a), (b), (c), (d), (f), (g), (h) and (e) and (i) of the previous paragraph which do not entail an increase in the amount of the operational fund for withdrawals may be carried out without prior authorisation provided that they are notified without delay by the producer organisation to the competent authority 15 working days before its execution.
By way of derogation from the preceding subparagraph, the amendments referred to in points (e) and (i), which result in an increase in the amount of the operational fund for withdrawals and those referred to in point (j) of the previous paragraph require prior approval by the competent authority and, therefore, their approval must be requested prior to their implementation, the fax being accepted for that purpose, specifying, where appropriate, the actions whose budget may be reduced. 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 take a decision thereon before 31 January of the following year. 4. Requests for amendments shall be accompanied by the documentation contained in Annex V to this royal decree.
Article 19. Approval of the amendments to the operational programmes set out in Articles 17 and 18.
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, must comply with Article 15 (4) (a) of Regulation (EC) 2200/96 with regard to objectives and to maintain actions to ensure compliance with the points (b) and (c) of the same paragraph. (c) have been approved by the competent general assembly or similar body of the producer organisation or by the body in which the producer organisation has delegated this function. However, the amendments referred to in Article 17 (2) (g) and (1) (h) of this royal decree shall necessarily require prior approval by the general assembly of the producer organisation or equivalent body on the basis of its personality. legal. (d) To be accompanied by the documentation and information contained in Annex V of this royal decree. (e) In the case of amendments during the current year and requiring prior authorisation, the decision on applications must be taken within 10 calendar days of receipt of the application. The absence of such a decision within that period shall mean that it is approved, provided that the provisions of Article 18 of this royal decree are complied with and that:
1. The amount of the operational fund for the current year, after the approval of all the modifications submitted during that year does not exceed 20 percent of the initially approved.
2. The limits laid down in Articles 15 and 23 of Regulation (EC) No 2200/96 shall be respected. 3. The reduction, where appropriate, of implementation of actions shall respect the achievement of the objectives set out in Article 15.4 (a) of Regulation (EC) No 2200/96 and the financial measures and needs referred to in points (b) and (c) of the same Article. 4. In the case of the amendments referred to in Article 18.1 (j), new investments or concepts of expenditure are eligible in accordance with the provisions of this royal decree and Regulation (EC) No 1433/2003.
Article 20. 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 21. 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) The association of producer organisations in question should be composed exclusively of producer organisations recognised under Article 11 of Regulation (EC) No 2200/96 and, where appropriate, by others. entities whose social purpose is not the production or marketing of fruit and vegetables. (c) In the case of associations of producer organisations which have members whose social purpose is not the production or marketing of fruit and vegetables, they shall have a section or group of producers consisting exclusively of members who have the status of producer organisation pursuant to Article 11 of Regulation (EC) No 2200/96. All decisions affecting the partial operational programme shall be taken by the said section or group of producers and subsequently submitted for ratification or rejection, but not amended, by the general assembly or equivalent body. on the basis of their legal personality, the association of producer organisations. (d) Partial operational programmes shall not contain investments in seed, mycelium or certified plants or environmental management costs of recyclable or reusable packaging which are not part of an experimental action.
2. All producer organisations which have approved an individual operational programme shall participate in the partial operational programme. These partial operational programmes shall last between three and five years.
Article 22. Submission and approval of partial operational programmes by associations of producer organisations.
1. The associations of producer organisations shall submit for approval by the competent authority the draft partial operational programmes before 15 September. Such presentation shall comply with the provisions of Annexes VI and VII.
2. Producer organisations shall request the amendment of their operational programmes referred to in Article 17.1 of this royal decree, or, where appropriate, the approval of their operational programmes referred to in Article 12.1 of this Royal Decree. a decree, in order to include in those operational programmes its participation in the partial operational programme. 3. The competent authority shall communicate to the associations of producer organisations the resolutions concerning the approval of its partial operational programmes before 15 December of the year of its submission, with the possibility of lengthening that date until the next 20 January for duly justified reasons. 4. 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 23. Financing and implementation of the partial operational programmes.
1. The association of producer organisations, before 15 September of each year, shall 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) Contribution in absolute value and in 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 association, or equivalent organ according to 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 partnership ...".
3. The association of producer organisations shall implement the actions approved under the partial operational programme and shall be the holder of the investments containing the same and of the responsibilities arising from that ownership.
Article 24. Amendments to the partial operational programmes concerning annuities not started.
1. Each year, before 15 September, the associations of producer organisations may request, before the competent authority, the amendments to the partial operational programmes approved by that authority which apply to the from 1 January of the following year.
2. To this end, producer organisations shall request the amendment of their operational programmes, as referred to in Article 17.1 of this royal decree or, where appropriate, the approval of their operational programmes, as referred to in the Article 12.1 of this royal decree, which will 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 17.2 (a), (b), (c) and (f) of this royal decree.
b) Investment location changes. In this respect, the new geographical identification must be provided, by means of the SIGPAC system or, in the absence thereof, by means of cadastral reference, of the investments. (c) Form of financing of the partial operational programme as described in Article 23.1 of this royal decree. In this case, the information described in points (a) and (b) of that Article 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 25. 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 that annuity of the partial operational programme, subject to the conditions laid down in paragraph 2 of this Article: (a) Advance or delay of execution of approved shares, investments and/or expenditure concepts.
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 by means of the SIGPAC system or, failing that, by cadastral reference. 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) Changes in adaptation pursuant to the provisions of the last paragraph of Article 22 (5) and Article 24 (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, the associations of producer organisations shall make a summary communication of these amendments before 31 December at the latest. authority which approved the programme. The competent authority shall issue before 31 January of the following year a decision containing the annuity of the partial operational programme resulting from the amendments which, if necessary, are adopted.
Article 26. Approval of amendments to the partial operational programmes set out in Articles 24 and 25.
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 maintain, without taking into account the partial operational programme, the objectives set out in the Article 15 (4) (a) of Regulation (EC) No 2200/96; and include actions to ensure compliance with points (b) and (c) of that paragraph. (c) have been approved by the general assembly or similar body responsible for the association of producer organisations or by the body in which it has delegated this function. The amendments referred to in Article 24 (3) (c) and Article 25 (1) (e) of this royal decree shall necessarily require prior approval by the general assembly, 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 14 (2) of Regulation (EC) No 1433/2003.
CHAPTER VI
Coordination between stand-alone communities
Article 27. 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 from 15 September, the competent authority in the approval of this operational programme may require the competent authorities of the autonomous communities referred to in the preceding subparagraph to provide information. necessary to carry out the issue of the decision referred to in Article 13 of Regulation (EC) No 1433/2003. 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) that such investments comply with the conditions laid down in Article 37 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development by the European Guidance and Guarantee Fund Agricultural Guarantee (EAGGF) and amending and repealing certain Regulations. This is in line with the corresponding rural development programmes for each of the autonomous communities concerned, in particular as regards the criteria for determining the source of financing for investment by means of 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 or, failing that, by means of cadastral reference, in which they are carried out, either are common or are carried out on holdings of individual members, and also indicate in the latter case the name, social reason, DNI 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 17 and 18 of this royal decree.
Article 28. 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 will take place before 16 November.
If the provisions of the last paragraph of Article 22.2 of this royal decree apply, the competent authority for the approval of the partial operational programme shall communicate to the competent authority or authorities for the approval of the corresponding individual operational programmes the adaptation resolution of the partial operational programme. This communication will take place in 30 days from December 15. 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 the preceding paragraphs shall apply to amendments to the partial operational programmes covered by Articles 24 and 25 of this royal decree.
Single transient arrangement. Adaptation of the operational programmes in progress to the provisions laid down in Article 13.
The operational programs that are in execution for the entry into force of this royal decree will have to adapt their structure in terms of distribution in measures, actions and investments or concepts of spending before 1 January 2007.
Single repeal provision. Regulatory repeal.
The Orders of the Ministry of Agriculture, Fisheries and Food of 14 May 1997, of 11 September 2001, of 12 December 2002 and of 1 October 2003, are hereby repealed.
Final disposition first. Competence title.
This royal decree is of a basic regulation and is dictated by 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 Agriculture, Fisheries and Food is empowered to make the necessary provisions for the development and implementation of this royal decree in the field of his powers, as well as to amend the Annexes with the purpose of adapting them to Community legislation and amending the dates set out in this royal decree.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette"
Dado en Madrid, el 20 de enero de 2006.
JOHN CARLOS R.
The Minister of Agriculture, Fisheries and Food, ELENA ESPINOSA MANGANA
ANNEX I
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 programme to be financed: ............................. Operational programme to which it belongs: 200 ..... to 200 ..... Entity's Operational Fund Annuity No: ...........................................................................................
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, have been approved by the general assembly or equivalent body in accordance with the legal personality. This certificate shall contain the amount of the operational fund to be in the annuity starting on 1 January following the amounts to be allocated to:
The realization of the operational program.
The administration of the fund itself. The financing of market withdrawals.
2. Certificate in which the VPC of the producer organisation is included, calculated in accordance with Article 3 of Regulation (EC) No 1433/2003 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 organisation performs the transformation of all or part of its production, the calculation of the processing cost that has been deducted from the VPC.
3. In the event that 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 included in Article 4 (3) of this royal decree, it must 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 4 (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 second subparagraph of Article 3 (2) of this royal decree.
ANNEX II
Maximum withdrawal compensation
| Compensation (€/Kg) | ||
|
42.28 | ||
| Alcachofa | 16.31 | |
|
10.87 | ||
|
12.68 | ||
| 10.87 | ||
|
Pumpkin | 10.87 | |
| Cebolla | 6.04 | |
|
Cherry | 54.36 | |
|
20.53 | ||
|
Escarola | 12.68 | |
| 12.68 | ||
|
Stud | 60.40 | |
|
| 39.26 | |
|
Green Jewish | 39.26 | |
|
12.68 | ||
| Pepino | 12.68 | |
|
22.95 | ||
|
Puerro | 14.50 | |
|
10.87 | ||
| 10.87 | ||
| Carrot-table_izq"> Carrot | 6.04 | |
| Caqui | ||
| Nisper_table_table_izq"> Nispero | ||
| Champinon | 60.40 |
ANNEX III
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 organisation of producers of the entity to which the Program project belongs: .....................
Autonomic.
Scope greater than a stand-alone community. Autonomous communities in which you have productive assets:
Transnational. Member States in which it is effective:
i) Status of recognition by art. 11 of Regulation (EC) No 2200/96: With prior recognition by art. 14, having applied for recognition by art. 11: With definitive recognition by art. 11, indicating the following data: Record number:
Recognition Date: Recognition Category: Geographical Scope by Autonomous Communities: No. of Current Partners: Current Productive Effectiveness (Total Surface and Total Productions by Species):
With a request for recognition under Article 11 of Regulation (EC) No 2200/96.
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.
3. Duration and objectives pursued by the operational programme project
The objectives to be pursued in particular in the light of the provisions of Article 15 (4) (a) of Regulation (EC) No 2200/96 should be specified in detail.
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
For each planned action, investment and expense concept, they must present: Detailed description of the same.
Autonomous Community where it is going to take place. Objectives of the implementation of the measures listed in Article 2 (4) of Regulation (EC) No 2200/96. 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 using the SIGPAC system, or failing that, by cadastral reference 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. 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 IV
Documentation to accompany operational program projects
1. Commitment of the producer organisation to comply with the provisions of Regulations (EC) 2200/96 and 1433/03 and the applicable national rules.
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 or equivalent body of the organisation according to its 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 6 of Regulation (EC) No 1433/2003.
4. If the option contained in Article 8 (1) (a) of this royal decree is chosen, it must also be provided with a certificate from 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. If the financing of the relevant operational funds is in accordance with points (a) or (b) of the first subparagraph of Article 6 (2) of Regulation (EC) No 1433/2003, the justification for:
(a) All producers shall make a contribution to the operational fund. This justification shall not be necessary if the operational fund, pursuant to point (a) of the first subparagraph of Article 6 (2) of Regulation (EC) No 1433/2003, is fully or partly nourished by the funds of the organisation of the producers.
b) 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 equivalent body in the light of its legal personality, in which it must be reflected that all members have had the opportunity to participate in the measures or actions contained in the operational programme. (c) All producers have had the opportunity to participate democratically in the decisions relating to the use of the funds of the producer organisation and the financial contributions to the operational funds. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the general assembly of the producer organisation or the equivalent body is brought up for a call on the basis of its legal personality, in which it appears as a specific point. the discussion and approval of the operational programme.
6. Where the total or partial financing of the operational funds has been approved by means of the funds referred to in Article 6 (2) (a) of Regulation (EC) No 1433/2003, the written commitment shall be made, exclusively, from the sales of fruit and vegetables from the partners for which it is recognised and which do not come from public subsidies.
7. Where the operational funds are to be financed, in whole or in part, by contributions from the partners, the method of calculating them. 8. Where the provisions of point (b) of the first subparagraph of Article 6 (2) of Regulation (EC) No 1433/2003 are used, the necessary information justifying the individual contributions of partners to levels different. 9. 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, or in its defect, by cadastral reference.
(b) Certificate of the agreement adopted by the general assembly, or equivalent body, according to its legal personality, in order to obtain from any partner of the organization on whose exploitation investments are made from the program (a) the reimbursement of these investments, or their residual value, in the event that it causes a low in the organization. The residual value shall be determined on the basis of the period of amortisation of the investment, with a maximum of eight years, and the difference between that period and the date of acquisition of the good or investment in question and the date of discharge. of the partner of the organization. c) 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 Organization of Producers or of the equivalent body shall be required according to its legal personality, in which it must be reflected that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
10. Where appropriate, certification of the secretary of the producer organisation for which the agreement of the general assembly is provided, or equivalent organ of the producer organisation in the light of its legal personality, for which the competition in the submission of requests for amendments to the operational programme, provided for in Articles 17 and 18 of this royal decree, in a particular instance of the producer organisation.
11. If specific expenditure on experimental production is included in the draft programme, a protocol with the experimentation to be carried out. 12. 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 issued by a collegiate appraiser confirming the purchase price.
13. If the acquisition of unbuilt land, certified 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.
14. If included in the project of the program finance lease, budget of the acquisition of the good with the market value of the same. 15. If the real estate acquisition is included in the program project:
(a) Certificate, made by a collegiate appraiser, that establishes the purchase price, and that said 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.
16. If the investment substitution is included in the draft programme, a document justifying the residual value of the investment being replaced.
ANNEX V
Documentation to contribute along with requests to modify operational programs A. In all cases
1. Certificate stating that the amendments requested on the operational programme 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 consequence of the amendments requested. 3. In the amendments referred to in Article 17 (2) (d) and those referred to in Article 18 (1) (d
:(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, or in its default by cadastral reference, of the parcels on which the investments will be made, together with the social reason and the NIF of the new beneficiaries. (c) in the case of a modification during the current year, a record 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 The investment to be made has not been started in the plot corresponding to the new location.
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) In the event that the use of the organisation's own resources for the financing of the operational fund has been approved, the commitment that they will proceed exclusively from the sales of fruit and vegetables from of the partners for which it is recognised, and of all the partners contributing to the funding of these funds. (c) where the operational fund is to be financed, in whole or in part, by contributions from the partners, the method of calculating the same. (d) If the financing of the relevant operational funds is in accordance with points (a) or (b) of the first subparagraph of Article 6 (2) of Regulation (EC) No 1433/2003, the justification for:
All producers will make a contribution to the operational fund. This justification shall not be necessary if the operational fund, pursuant to point (a) of the first subparagraph of Article 6 (1) of Regulation (EC) No 1433/2003, is fully or partly nourished by the funds of the organisation of the producers.
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 Organization of Producers, or of the equivalent body in accordance with its legal personality, in which it must be reflected 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 operational funds. To this effect, it shall be understood that compliance with this provision shall be deemed to be the case where the general assembly of the producer organisation or the equivalent body is brought up for a call on the basis of its legal personality, in which it appears as a specific point. the discussion and approval of the operational programme. 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 ... (name of the organisation) ". 6. Where appropriate, certification of the secretary of the producer organisation by which the general assembly is agreed, or equivalent organ of the producer organisation in the light of its legal personality, by which the competition in the submission of requests for amendments to the operational programme, provided for in Articles 17 and 18 of this royal decree, in a particular instance of the producer organisation.
B. Relative to unstarted annuities
In the event that new action is introduced, investments in individual member holdings or if the number of individual holdings of partners in which investments are to be made in the Member States is increased. operational program:
(a) Certificate in which the agreement adopted by the general assembly, or equivalent body, is included to obtain the reimbursement of these investments, or their residual value, in the event that he/she causes a low in the organization.
This residual value must be fixed according to the investment depreciation period, with a maximum of eight years, and the difference between that period and the date of acquisition of the good or investment in the question and the date of the organization's partner's absence. (b) written undertaking by each member of the beneficiary of investments in individual holdings, not to be eligible, directly or indirectly, for double financing, either at Community or national level, for the measures included in the operational programme (c) Justification that all producers have had the opportunity to benefit from the implementation of the operational fund. For this purpose, a certified copy of the minutes of the general assembly of the producer organisation or of the equivalent body shall be required according to its legal personality, in which it must be reflected that all members have had the opportunity to participate in the measures or actions contained in the operational programme.
C. Relative to the current annuity
If the number of individual holdings of partners in which investments are to be made in the operational programme are increased:
(a) Written commitment of each new beneficiary not to benefit, directly or indirectly, to double funding, either at Community or national level, for the measures included in the operational programme.
(b) Identification by the SIGPAC system, or in its default by cadastral reference, of the parcels on which the investments will be made, together with the social reason and the NIF of the new beneficiaries. (c) a record 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 VI
Structure to which partial operational program 1 projects should be adjusted. 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 organisation of producers of the entity to which the Program project belongs: .....................
Autonomic.
Scope greater than a stand-alone community. Autonomous communities in which you have productive assets:
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.
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.
3. Duration and objectives pursued by the operational programme project
The objectives to be pursued in particular in the light of the provisions of Article 15 (4) (a) of Regulation (EC) No 2200/96 should be specified in detail.
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
(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 the measures listed in Article 2 (4) of Regulation (EC) No 2200/96. 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 VII
Documentation to accompany partial operational program projects
(a) Commitment of the association of producer organisations to comply with the provisions of Regulations (EC) 2200/96 and 1433/03.
(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 2200/96 have been involved in decision-making affecting the partial operational programme and do not directly benefit from provisions financed by the Community. (c) Certification issued by the Secretary of the Association certifying compliance with the provisions of Article 21 (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 23 (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, in accordance with its 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) ".
