Order APA/1420/2004 of 14 May of the Ministry of Agriculture, Fisheries and Food established the rules for the granting of subsidies to entities, companies and professionals, related to production and marketing in the agricultural sector, which provide the department with information on statistics and agricultural prices; in accordance with the provisions of Law 38/2003 of 17 November, General of Grants. Moreover, Royal Decree 1417/2004 of 11 June, for which the basic organic structure of the Ministry of Agriculture, Fisheries and Food is developed, has determined that the statistical functions related to the activities of the The department is to be carried out by the Technical General Secretariat, through the General Secretariat for Agro-Food Statistics. By this order, the regulatory bases of the procedure for the granting of these public subsidies are established, in accordance with the provisions of Articles 9 and 17 of Law 38/2003 of 17 November, General of Grants. Subsequently, and in accordance with Article 23 of the same law, the procedure shall be the subject of development by means of the appropriate calls to be adopted by the competent body. The management of the aid provided for in this order is entirely up to the General Administration of the State, in view of the fact that its object falls on a matter of its exclusive competence, such as statistics for State purposes, as set out in Article 149.1.31. of the Spanish Constitution. In its virtue, I have:

Article 1. Object.

The purpose of this order is to establish the regulatory basis for the granting, under competitive competition, of subsidies to entities, companies and professionals, related to production and marketing. in the agricultural sector, which provide statistical and agricultural price data, for the production of statistical operations for the purposes of the compulsory implementation by the Ministry of Agriculture, Fisheries and Food for being included in the National Statistical Plan.

Article 2. Beneficiaries.

They may be beneficiaries of the grants provided for in this order by legally constituted entities or undertakings, as well as professionals related to agricultural production and marketing, which comply with the following conditions: Technical requirements: To be entities, companies or professionals with implementation in agricultural markets at provincial, regional or national level.

To have the technical capacity to present the data with the formalities required by the national and European Union regulations, which is applicable in each case.

Article 3. Concession procedure.

1. Grants shall be awarded on a competitive basis, in accordance with the principles of objectivity, transparency, equality, non-discrimination and publicity.

2. The concession procedure shall be initiated on its own initiative by means of an annual public call, approved by ministerial order and published in the Official Gazette of the State.

Article 4. Calls.

The corresponding calls will be made in accordance with the provisions of Chapter II of Title I of Law 38/2003 of 17 November, General of Grants, as well as with the principles of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

The call will include the reference to the present regulatory bases with an indication of the Official Gazette of the State in which they are published, as well as the supplementary rules that may be applicable to them.

Article 5. Form and time limit for the submission of applications.

Once the call is published, the interested parties who wish to apply for the grant will have to submit the corresponding application in the standard model to be established in the corresponding calls in the General Register of the department, or in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

The deadline for submitting applications shall be opened on the day following the publication of the order of call in the Official Gazette of the State and shall be closed on the day to be determined therein.

Article 6. Objective criteria for granting grants.

The applications submitted shall be assessed and selected taking into account the following objective criteria: (a) Contribution by the applicant of data relating to representative agricultural products in the geographical area on which reports.

b) Result of a background of supply collaborations to the Ministry of Agriculture, Fisheries and Food of data of similar content to those referred to in this order. (c) In the weighting of the criteria, account shall be taken of the fact that the statistics and agricultural prices, by sector and geographical area, are in accordance with the purpose of the subsidy.

Article 7. Amount and limits.

These grants are annual, indicating each call the maximum overall economic amount of the grants and the amounts to be collected by each contributor.

For the determination of the individual amount of the grant, account shall be taken of the volume and complexity of the data to be provided.

Article 8. Instruction.

1. The competent authority for the instruction of the grant procedure shall be the General Secretariat for Agricultural Statistics, of the Technical General Secretariat.

2. Such a sub-directorate shall carry out, on its own initiative, any action it considers necessary for the determination, knowledge and verification of the applications and the statistical data provided, on the basis of which the motion for a resolution shall be formulated. The instructor body shall have the power to collect as many reports as it deems necessary, and may withdraw the hearing procedure, where necessary, in accordance with the provisions of Article 24 of Law 38/2003 of 17 November Grants.

Article 9. Assessment of applications and motion for a resolution.

1. The assessment of the applications shall be carried out by a Valuation Commission. This Commission shall be chaired by the Deputy Director-General for Agro-Food Statistics, and shall form part of it the Head of the Statistical Planning and Methodology Area, the Head of the Agricultural Price and Wage Service, and two Technicians of the Sub-direction. That collegiate body shall be governed by the provisions of Chapter II of Title II of Law 30/1992.

2. The assessment of applications shall be carried out in accordance with the criteria, forms and priorities for assessment laid down in Article 6 of this order. 3. A pre-assessment phase may be established, in which compliance with the conditions imposed to acquire the condition of beneficiary of the grant shall be verified. 4. Once the applications have been evaluated by the Valuation Commission, the Commission shall issue a report setting out the results of the evaluation carried out. 5. The instructor, in the light of the file, and of the report of the Valuation Commission, shall formulate the motion for a resolution, in which the list of applicants for which the grant of the grant and its amount is proposed shall be expressed, specifying their assessment and the assessment criteria followed to carry out the assessment.

Article 10. Resolution.

1. The subsidies provided for in this order shall be granted by the Minister for Agriculture, Fisheries and Food or by the body in which the latter has delegated this competence.

2. The decision shall be reasoned and shall state the relationship of applicants to whom the grant is granted and the amount granted, with the expression of the budgetary programme and credit to which it is charged, expressly stating that they remain rejected the remaining applications. 3. The maximum period for issuing and notifying the decision of the procedure shall be six months from the date of publication of the order for the award of the grants. 4. The decision of the procedure shall be notified to the persons concerned in accordance with the provisions of Articles 58 and 59 of Law 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and of the Common Administrative Procedure. In addition, an extract of the resolution indicating the relationship of the beneficiaries, the place where the notice board is to be set out, will be published in the "Official State Gazette", in which the full content of the resolution will be set out. the period during which such public exposure shall take place.

Article 11. Obligations of the beneficiaries.

The beneficiaries of these grants will be obliged to provide the statistical information, while complying with the purpose for which the grant is awarded.

Article 12. Justification for the activities and payment.

The payment of the grant will be made on the basis of justification, by the beneficiary, of the performance of the activity for which it is granted, and after verifying that the information received corresponds to the content, the the time and form established; that is, the payment is conditional on the receipt, veracity and conformity, of the ministry with the data provided.

Article 13. Compatibility with other grants.

The granting of the subsidies regulated in this order shall be compatible with any other grant, aid, revenue or resource from any national or public authorities or entities of the Union. European or international bodies, without in any case being able to exceed the cost of the activity of data collection.

Article 14. Statistical secret.

The individual statistical data provided will be stored in the statistical secret, in the terms established by Law 12/1989, of May 9, of the Public Statistical Office.

Final disposition first. Applicable rules.

In all that is not provided for in this order, the provisions of Law 38/2003 of 17 November, General of Grants, as well as in the Rules of Procedure for the granting of public subsidies, will apply. adopted by Royal Decree 2225/1993 of 17 December 1993, as soon as it is not opposed to the provisions of the Law mentioned above.

Final disposition second. Competence title.

This order is dictated by the provisions of Article 149.1.31. of the Constitution, which exclusively reserves the State the competence in the field of statistics for state purposes.

Final disposition third. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 8 July 2005.

ESPINOSA MANGANA