The equine sector is one of the livestock sectors that has had the most historic importance in our country. Until the middle of the last century, its role as a transport and labor force was irreplaceable, and the rest of its products were of sufficient relevance to be included within the national agrarian accounting. However, the rapid replacement of the equine as a working tool due to technological advances has led to a significant regression of this livestock production. However, in the whole of Europe, the equine cattle have a certain potential as a generator of important economic activity and job creation, as well as contributing, within their possibilities, to the vertebrate of the rural world and an example of the multifunctionality of livestock farming. The last reform of the common agricultural policy has opened up a new area of business decision for many farmers, as the new guidelines defend the need for support for farmers and farmers in a way that is more geared to the social and market demands, which gives producers the possibility to diversify their activity towards new aspects related to agricultural activity, including equine animal husbandry, whether it is pure-bred or not. It should not be forgotten that the activities in which this sector is involved not only cover aspects related to primary livestock production, food or live animals, but also to other business areas, from rural tourism, whose The importance of this type of activity is continually increasing, even to therapeutic activities, such as the use of the horse in the adaptation of people with disabilities, without forgetting all the sports activities related to this type of animal (racing, competition, etc.). Etc.), all of them, at the end of the day, generating a wealth of economic and social considers it appropriate to promote from public authorities. This royal decree seeks to promote this sector in the two areas previously exposed and in some form interdependent; this is, in the primary livestock sector, in the production of meat and live animals, and in the services sector, through small and medium-sized enterprises. -medium-sized enterprises and other institutions operating in the social, cultural, sporting and leisure areas where the horse is a protagonist. 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 state subsidies to the equine sector are established for their promotion and development. This aid is in line with the provisions of the Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to aid for aid to small and medium-sized agricultural enterprises. State aid for small and medium-sized enterprises engaged in the production, processing and marketing of agricultural products; in the case of aid to small and medium-sized enterprises not agricultural, as laid down in Regulation (EC) No 69/2001 by the Commission of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to 'de minimis' aid, and aid for training, in Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to aid for training. In accordance with those rules, the exemptions automatically expire on 30 June 2007. In the elaboration of this royal decree, the autonomous communities and the most representative entities 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 October 2005,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to establish the regulatory bases for state subsidies to the equine sector for its promotion and development.

Article 2. Definitions.

1. For the purposes of this royal decree, the definitions laid down in Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to aid for training shall apply. Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid for small and medium-sized enterprises engaged in production, processing and marketing In the case of agricultural products, and in Law 19 /1995 of 4 July, the modernization of agricultural holdings. 2. In addition,

following definitions shall apply:

(a) Equine producer groups: entities with their own legal personality, in any associative form valid in accordance with the legal system, in whose statutes of incorporation they have among their objectives the production and breeding of equine animals.

(b) Competent authority: the competent bodies of the autonomous communities and the cities of Ceuta and Melilla. (c) equine agricultural undertaking shall mean all the goods and rights organized by its holder in the course of the agricultural activity with the equine species, primarily for the purposes of the market and which in itself constitutes a technical unit economic. (d) Equidae: horses, donkeys and their crosses. (e) First installation: the start of the livestock activity for the first time with equidae or the reorientation of production with a change of species towards equine production. (f) Holder of an equine agricultural undertaking: the natural or legal person who exercises the agricultural activity with the equine species, which organizes the assets and rights of the holding with business criteria and assumes the risks and the civil, social and fiscal responsibility which may be derived from the management of the holding.

Article 3. Lines of assistance and time limits for the implementation of the actions.

1. The aid lines shall be as laid down in Chapters II and III. 2. The activities to be awarded shall be carried out from the date of submission of the application until 30 October, including each financial year.

CHAPTER II

Aid to small and medium-sized agricultural enterprises

Article 4. Aid to small and medium-sized agricultural enterprises.

1. Aid to small and medium-sized enterprises (SMEs) covers the following types of aid.

(a) Investments in equine enterprises engaged in the production and breeding of equidae.

b) Investments in small and medium-sized agricultural enterprises engaged in the processing and marketing of horse meat. (c) Aid to associations and groups of producers of equidae.

2. The eligible activities, the beneficiaries, the amount and the maximum intensity of the aid are those laid down in Articles 5, 6, 7 and 8.

Article 5. Aid for investments in equine enterprises engaged in the production and rearing of equidae.

1. The aim of this aid is to optimise production costs, improve and redirect production, increase quality, protect and improve the natural environment, hygiene conditions and animal welfare standards and encourage diversification of production. livestock activities with the equine species. 2. The eligible activities shall be as follows:

(a) The construction, acquisition and improvement of real estate for adaptation to the breeding and stabling of equidae, including the conditioning of parcels for the development of livestock activity with the equine species, the construction and rehabilitation of perimeter fencing and fencing, construction of management enclosures, containment sleeves, shelters, etc.

(b) The first purchase of animals of the equine species in the case of the first installation as an equine animal holding, including breeding animals registered in breeding books or equivalent and the purchase of doses The invention also applies to the use of the same in the field of the invention. (c) the purchase or lease with a purchase option of new machinery and equipment, including computers for equine livestock activity in the case of first installation as an equine animal holding. (d) General costs, such as fees for technicians and feasibility studies for the first installation of the equine livestock holding. (e) Investments to comply with the recent minimum standards for the environment, hygiene and animal welfare related to the equine species, as provided for in Article 4 of Regulation (EC) No 1/2004 of the European Parliament and of the Council Commission of 23 December 2003.

3. Aid may be granted to holders of equine agricultural undertakings for the production and rearing of equidae which comply with the following requirements:

(a) Be registered in the Register of livestock farms in accordance with Royal Decree 479/2004 of 26 March 2004 establishing and regulating the general register of livestock holdings, as a breeding operation and production, as well as the corresponding updated operating book to be established for equidae and to identify their animals in accordance with the rules in force.

b) Credit the company's economic viability and be aware of the tax and social security obligations that correspond to the current regulations. (c) comply with minimum environmental standards, in particular those relating to the management of by-products of animal origin not intended for human consumption generated within their undertaking. (d) comply with the applicable animal welfare rules and, in particular, the Royal Decrees 348/2000 of 10 March, which incorporates Council Directive 98 /58/EC of 20 July 1998 on the law of the Member States relating to the protection of animals on livestock holdings, 54/1995 of 20 January, on the protection of animals at the time of slaughter or slaughter, and 1041/1997 of 27 June laying down rules for the protection of animals the animals during their transport. (e) To apply the health programmes to be established by the competent authorities and to record the treatment of medicinal products in accordance with Royal Decree 1749/1998 of 31 July 1998 laying down control measures applicable to certain substances and their residues in live animals and their products.

4. The gross aid intensity shall not exceed:

(a) 50 per cent of eligible investments in less-favoured areas and, in the case of young farmers, 60 per cent, within five years of their installation.

b) 40 per cent of the eligible investments in other areas and, in the case of young farmers, 50 per cent, within five years of their installation. (c) If the investment provides for additional costs relating to the protection and improvement of the environment, the improvement of the hygienic conditions of equine farms or animal welfare, these percentages of 50 and 40 per cent may be 25 and 20 percentage points respectively. In this case, they may be granted only to meet requirements which go beyond Community, national or regional standards for those of recent enactment, in accordance with the terms laid down in Article 4 of Regulation (EC) No 1/2004 of the European Parliament and of the Council. Commission of 23 December 2003.

Article 6. Aid for investments in small and medium-sized agricultural enterprises engaged in the processing and marketing of horse meat.

1. The aim of this aid is to facilitate the improvement and rationalisation of the transfer and marketing of horse meat, to increase its competitiveness and its added value, to improve its quality and to apply traceability procedures throughout the Community. the entire production chain. 2. The eligible activities shall be as follows:

a) Implementation of voluntary quality assurance programmes and documentary systems for the labelling and traceability of productions in order to improve quality.

(b) Purchase or leasing of machinery, equipment and computers for the implementation of the documentary programmes and systems referred to in the preceding paragraph. c) Market and feasibility studies, product design and payment of fees to consultants. (d) Training courses in the field of production, processing and marketing of horse meat in relation to the application of quality assurance systems and HACCP systems (hazard analysis and critical control points). (e) Celebration and attendance at competitions, fairs and exhibitions aimed at promoting and promoting horse meat.

3. Aid may be granted to small and medium-sized agricultural undertakings or their legally recognised associations engaged in the production, processing and marketing of horse meat, on which the burden is borne. financial investments and expenses which are considered eligible, which carry out the activity for which the aid is granted and which maintain that activity for a period of not less than five years from the date on which the aid is granted has started and, in addition, meets the following requirements:

(a) Credit the economic viability of the company and be aware of the tax and social security obligations that correspond to the current regulations.

b) That investments are beneficial for equine producers through agri-food contracts or marketing agreements. (c) Credit the application of systems of traceability in production, control of critical points throughout the production process, as well as encourage, by means of written commitments, compliance with the rules in force on the environment, hygiene and health, the registration and identification of animals, the health programmes approved by the competent authority and, where appropriate, animal welfare and codes of good hygiene practice, on the holdings linked. For these purposes, it shall be understood as holdings linked to those which have a direct commercial relationship with the processing and marketing undertakings benefiting from the aid described in this royal decree. (d) Conduct proper management of the by-products generated during the production process.

4. The gross aid intensity shall not exceed:

(a) 50% of eligible investment in Objective 1 regions.

b) 40% of the eligible investments in the other regions. (c) In the case of the activity referred to in paragraph 2 (d), the provisions of Article 4 of Commission Regulation (EC) No 68/2001 of 12 January 2001.

Article 7. Aid to associations and groups of producers of equidae.

1. The aim of this aid is to promote the creation of legally recognised associations of associations related to the equine sector and to provide technical assistance to these associations and their associations and to support them. set up for other purposes which extend their scope to the equine sector in order to improve their operation and the marketing of their products, in particular those measures which favour the concentration of supply and improvement in quality of the products. 2. The eligible activities shall be as follows:

(a) Technical assistance to associations and groups of producers of equidae, which are constituted or which significantly expand their activities.

b) Implementation of voluntary quality programmes or differentiated production systems, quality names and organic production. (c) Implementation of zootechnical and health management programmes on equine holdings approved by the competent authority covering aspects relating to the improvement of the quality and health of equine productions. (d) the introduction of innovative techniques or practices in the field of equine breeding for meat production (joint bait, standardisation centres, channel typing, etc.). (e) Realisation of training courses in equine production related to the production and breeding of equidae at the level of exploitation. (f) Celebration and attendance at competitions, fairs or exhibitions whose purpose is the promotion and promotion of the equine and its products and services, provided that they are not included in the scope of the Order of the Ministry of Agriculture, Fisheries and Food of 17 March 1988 for the updating and regulation of pure-bred breeding animals of a national and international nature, and the encouragement of participation in such products. (g) Campaigns for the promotion and dissemination of the consumption of horse meat and its nutritional qualities. (h) Application of common services and joint investments, such as those provided for in Article 5.2.a), or, in the case of associations or groups which are constituted or which significantly extend their activities, the rental of appropriate premises and acquisition of material including computers for the implementation of the programmes.

3. Aid may be granted to associations or associations of associations, groups of producers of the equine species and recognised health-defence groups in accordance with the provisions of Royal Decree 1880/1996 of 2 December 1996. August, for which livestock health protection groups are regulated, which meet the following conditions:

(a) Credit your economic viability and be aware of the tax and social security obligations that correspond to the current regulations.

(b) All holdings of the members of the association or group must comply with the requirements laid down in Article 5.3, except as regards economic viability, which must be accredited by the institution. beneficiary of the aid. (c) The approved programmes must be applied to all holdings belonging to the association. (d) The programmes must be supervised by a technician with a degree of medium or higher degree and, in the case of health programmes, by a veterinarian. (e) where the aid applied for is intended to improve the marketing of at least 50% of the production of the production, which in turn should be at least 50% of the holdings in the associative entity, it must be marketed by the beneficiary associative entity.

4. The total maximum amount of the aid per association shall not exceed EUR 100 000 and the following conditions shall also be respected:

(a) This aid shall be temporary and decreasing and shall not exceed 100% of the eligible costs for the first year, with an annual reduction of 20 percentage points, up to a maximum of five years.

(b) In the case of paragraph 2 (d), the maximum limit shall be 40% of the eligible costs, which shall be those provided for in Article 4 of Commission Regulation (EC) No 1/2004 of 23 December 2004. 2003. (c) In the case of paragraph 2.e), the provisions of Article 4 of Commission Regulation (EC) No 68/2001 of 12 January 2001. (d) In the case of paragraph 2.g), the ceiling shall be 50% of the cost of each marketing year.

Article 8. Additional limits on the amounts of aid.

Without prejudice to Articles 5, 6 and 7, in any case, aid to small and medium-sized agricultural enterprises shall not exceed the amounts provided for in Article 1.3 of Commission Regulation (EC) No 1/2004 of 23 May 2004. December 2003.

CHAPTER III

Aid to small and medium-sized non-agricultural enterprises and other institutions

Article 9. Purpose and activities eligible.

1. The aim of this aid is to promote activities related to services to third parties in the areas of leisure, sport, social, cultural or rural tourism with the use of equidae. 2. The eligible activities shall be as follows:

a) Adequation and design of the facilities and accommodation of the animals, recreation areas and equestrian routes for the development of the activity.

b) First purchase of animals and harnesses, saddle and other movable property of specific use directly related to the practice of equestrian activity, in rural tourism enterprises wishing to offer services to third parties with equidae. c) Realization of training courses for professionals, in the equestrian field. d) Development of equestrian activities in the field of school or for therapeutic purposes (hypotherapy). (e) Promotion of basic riding in schools, foundations and training centres, as a complementary activity to education, when it is first implemented and within the framework of a programme approved by the competent authority.

Article 10. Beneficiaries and amounts of aid.

1. Aid may be granted to small and medium-sized non-agricultural enterprises and to other institutions offering services to third parties with the participation of equidae. In particular, centres for the hire or pupil of animals of the equine species, leisure centres in which equestrian activities are carried out, rural tourism enterprises, public or private schools, centres may be beneficiaries. Equestrian sports activities in rural areas, as well as foundations, businesses and their associations, provided that their object is the economic activities related to the use of equidae. In order to qualify for such aid, the beneficiaries must comply with the following requirements, depending on the eligible activity:

a) Credit your economic viability.

b) Be aware of the tax and social security obligations that correspond to the current regulations. (c) comply with the minimum standards for animal welfare, hygiene and the environment. (d) to ensure proper management of the by-products generated by the activity carried out with the equidae. (e) To provide responsible staff for the animals, with specific training in equine animal husbandry or to credit it in the two years thereafter. (f) Register the holding and identify all the animals used in the activity, in accordance with the rules in force. (g) Contar with a health programme for equidae supervised by a veterinarian.

2. The maximum total amount of the aid may not exceed EUR 100 000 per beneficiary over a period of three years. In addition, training aid may not exceed the amount provided for in Article 5 of Commission Regulation (EC) No 68/2001 of 12 January 2001.

CHAPTER IV

Managing the aids

Article 11. Priority of aid.

In the granting of the grants provided for in this royal decree, the applications for the aid provided for in Chapter II will be given priority.

Article 12. Applications, processing, resolution and payment.

1. Applications shall be submitted within the time limits laid down by the autonomous communities in their respective calls and, in any event, before 30 April of each year. Grant applications, accompanied by the documentation and supporting documents of the requirements for each call, shall be addressed to the competent authority of the autonomous community where the activity for which it is carried out is to be carried out. requests the grant, which will deal with the procedure and will give a reasoned decision. 2. The time limit for issuing and notifying the decision shall be laid down in each call, but in no case shall it be more than six months after the publication of the call for aid. 3. The payment of the subsidy shall also be the responsibility of those bodies, after the completion of the activity for which it was granted, as provided for in Article 16, and the carrying out of administrative and on-the-spot checks. 4. In the decision granting the grant, it shall be expressly stated that the funds with which it is paid come from the General Budget of the State.

Article 13. Territorial distribution of subsidies.

The territorial distribution of the appropriations entered for the purpose in the General Budget of the State, by the Ministry of Agriculture, Fisheries and Food, shall be carried out in accordance with the provisions of Article 86 of the Treaty. Law 47/2003 of 26 November, General Budget. In accordance with the provisions of the budget and taking into account, where appropriate, the balances resulting from the end of each financial year held by the Member States, it shall be established in accordance with the budgetary resources available. autonomous communities, the maximum amount corresponding to each autonomous community.

Article 14. Cumulation and compatibility of aid.

1. The grants provided for in this royal decree will be compatible with any other that, for the same purpose and purpose, could establish other public administrations or other public or private entities, national or international. 2. However, the concurrent collection of aid granted for the same purpose by other public or private national or private authorities, when the total amount of grants received by each beneficiary exceeds the cost of all the activity to be carried out for the period in question shall give rise to the proportional reduction corresponding to the amount of the subsidies covered by this royal decree, until it has been adjusted to that limit. If the sum of subsidies still amounts to an aid intensity exceeding the maximum aid intensity laid down in this royal decree or in the applicable State or Community legislation, it shall be reduced to that limit.

Article 15. 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.

Article 16. Justification for compliance.

The beneficiaries of the aid will have to justify the fulfilment of the purpose for which they were granted and the application of the funds received, by the submission of the appropriate supporting documentation, in the time limit and the manner determined by the authority which granted them.

Article 17. Amendment of the resolution.

1. Any alteration of the conditions under consideration for the grant of the grant may give rise to the amendment of the granting decision. 2. In addition, the concurrent collection of subsidies granted by other public or private national or private authorities, when the total amount of the aid received by each beneficiary exceeds the maximum this royal decree or in the applicable State or Community legislation, shall give rise to the proportional reduction corresponding to the amount of the subsidies regulated in this royal decree, until such time as the limit is respected.

Article 18. Non-compliance and drawback.

1. 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 to reimburse the amounts in their case, received, increased with the interest of legal delay. 2. Furthermore, 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 provided for in Article 37.1 of Law 38/2003 of 17 November, General Grants.

Final disposition first. Competence title.

This royal decree is issued in accordance with 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 the activity. economic.

Final disposition second. Supplementary rules.

In all the provisions of this royal decree, Law 38/2003 of 17 November, General of Grants, will apply.

Final disposition third. Faculty of development and modification.

The Minister of Agriculture, Fisheries and Food is empowered to issue, within the scope of his powers, the precise measures for the implementation and enforcement of this royal decree, as well as to modify the maximum period of submission of the applications provided for in Article 12.1.

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 October 10, 2005.

JOHN CARLOS R.

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