Royal Decree 620/2005, Of 27 May, Which Approves The Plan Of Restructuring Of The Dairy Sector.

Original Language Title: Real Decreto 620/2005, de 27 de mayo, por el que se aprueba el Plan de reestructuración del sector productor lácteo.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The need for a restructuring of the dairy sector plan is born from the crossing of two circumstances: the current situation that is milk quotas in Spain and the new decoupled single payment of the production regime, derived from the reform of the common agricultural policy of the European Union, the common agricultural policy.

The first circumstance, the milk quota in Spain, is a limited and scarce, by what must be distributed properly. The flexibility of the planned quota in terms of transfers system in the Royal Decree 347/2003, of 21 March, which regulates the management of the milk quota system, has led to the disappearance of a large number of farms. Even so, currently the 71 per cent of farms has a dimension less than the national average, which are 177.000 kilograms, and of those, 54 percent do not reach 75,000 kg of quota.

Why is necessary to initiate a process of reorganization that, without substantially altering the current distribution of quotas, yes allows to redistribute certain amounts to improve the competitiveness of an adequate number of viable small and medium-sized holdings. This need has been appreciated by the Parliament at the proposal of a bill adopted on 15 March 2005, which urges the Government to adopt a national plan for reorganisation of the dairy sector that enhances farms that have an adequate territorial base, acceptable sanitary conditions and an appropriate size to ensure its economic viability , through the contribution from milk quota at affordable prices.

The way to implement this plan has been prepared by Royal Decree 313/2005, 18 March, that amending the Royal Decree 194/2002, of 15 February, which establishes the modalities for the implementation of aid to the supply of milk and dairy products to students in schools, and the Royal Decree 347/2003 21 March, which regulates the system of management of milk quotas, and repealing the Royal Decree 313/1996, of 23 February, laying down rules on supplementary statements to buyers of milk and dairy products should be carried out. Royal Decree 313/2005, 18 March, anticipated extraordinary calls for the coordinated national fund of milk quotas in which dues recovered in national abandonment programmes carried out in the same quota period may be used and facilitates the permanence in a situation of high on the Social security of farmers who abandon milk production within the framework of a programme. Likewise, freezes, since April 9, 2005, the submission of applications for authorization of transfer of unrelated assessments of exploitation to curb rising prices farmers must pay in the market for milk quotas that acquire.

The second circumstance that determines this plan is reform of the PAC, provided primarily with respect to the dairy sector, in two texts: Regulation (EC) No. 1782 / 2003 of the Council of 29 September 2003, which establish common provisions common schemes of direct aid in the framework of the agricultural policy and certain support schemes are established farmers and which are modify certain regulations, and in Regulation (EC) No. 1788 / 2003 Council of 29 September 2003, which sets a rate in the sector for milk and products of milk. These regulations establish the new payment scheme single, decoupled from production, in which the majority of direct payments of the CAP are integrated.

In Spain it opted for a transitional period, the new single payment scheme will establish in the year 2006. Since that year, the dairy premium regulated in Regulation (EC) No. 1782 / 2003 and in Royal Decree 543/2004, of 13 April, which regulates certain direct Community aid to the dairy sector for the years 2004, 2005 and 2006, will be paid in accordance with this regime. This implies that both the premium and supplemental payments that are paid from the year 2006 will be de-linked fee that at each time the producer has and will be fixed according to the amount corresponding to the available milk quota by the exploitation of March 31, 2006.

From that moment, quota purchases will not be dairy support built-in, what is going to be a turning point for the sector. This can cause distortions between the assigns of milk quotas against the allocation of lump, as it would happen if these rights be allocated to farmers who then tumble from its share in successive programmes of indemnified abandonment.

The plan that was approved by Royal Decree will serve to carry out a public policy of which correct the deviations that the free market has brought in the structure of the milk sector. It's specific and immediate action since 2005 is the last year that a redistribution of quota carrying a dairy premium associated can be carried out, and is designed so that the producer can face successfully the new economic scenario created by the reform of the CAP.

The aim of this action is to ensure the permanence in the sector of the largest possible number of farms dairy, as a strategy for sector-specific to get a strong and viable sector and contribute to the maintenance of the rural environment and the occupation of the territory. It is intended, among others, to support farmers in areas of productive vocation, with a territorial base suitable for milk production that will ensure its competitiveness and sustainability. In addition, the plan aims to give transparency to the market and reduce the price that farmers must pay for purchasing more share, so that it is affordable for all those farms that need it.

The plan is based on two pillars. The first consists of a national programme of milk production, financed through the General State budgets, which will feed is the national reserve and who will replace temporarily the sale of shares in the market.

Quotas that are recovered will be distributed through the coordinated national milk quotas, is the second pillar of the plan. The national reserve is the only mechanism which has the State to distribute certain amounts of share and reorder the sector in accordance with general economic policy criteria. Thus, the quotas shall be allocated with common criteria, so that I may give the necessary support to farms judged to be preferred regardless of the territory in which they are located.

However, not to disappoint the expectations that could have been created after the implementation of the national programme of abandonment of the period 2004 / 2005, the autonomous communities who so wish can be distributed among its producers 80 per cent of the amounts recovered in their territory under this program.

The restructuring of the dairy sector plan is approved under cover of the State competition provided for in article 149.1.13. ª of the Constitution, on the bases and coordination of the general planning of economic activity. According to the doctrine of the Constitutional Court, this competence title can shelter forecasts or special measures or, even, a detailed planning by the State, when it is necessary for the purposes proposed in the management of an economic sector.

The plan meets those requirements, since it is an instrument that collects accurate elements for the implementation of the actions foreseen. Thus configured, the plan is the embodiment of a decision of economic policy which has an undoubted impact on the economic activity of the dairy sector, as it aims to ensure the maintenance of activity in the regions and to avoid the impoverishment and depopulation of large areas of the territory, especially those not having alternatives to milk production. The plan also affects economic activity in this sector by its form of execution, since it to carry it out, the State will intervene in the market as an actor of buying and selling.

The plan not only have a far-reaching, transcending purely economic, to have notable social and environmental implications but it has a national dimension, because it responds to a supraautonomico objective, as it is the correct territorial imbalances that caused the intense exchange of quotas that has taken place in the market in recent years.

The achievement of this objective of national economic policy requires a unified action of the State in the whole of the territory, given the need to ensure a uniform treatment allowing to meet his intended. Such unitary action focuses, on the one hand, through the establishment of unique criteria of decision to resolve requests that are submitted to the national programme and the coordinated national fund of milk quotas that are called by this plan. The establishment of criteria unique to the redistribution of quotas is vital to ensure a uniform application treatment, so that all stakeholders who meet the requirements laid down in this standard may benefit from programme abandonment or the allocation of quotas through the coordinated national fund, anyone who is the autonomous community in which they reside.


Second, the United action of this plan is articulated through the reservation to the State of its implementation, including the resolution and payment, as necessary to ensure the full effectiveness of the redistribution of quotas and the enjoyment of identical opportunities for potential beneficiaries, to qualify for reallocation of regulated quotas, in the exceptional circumstances in which this plan is promoted and neglect. You should stop at the description of these circumstances, because they contribute to largely explain the need for a centralized management of the plan. Indeed, as of April 1, 2006 implementation of the single payment scheme of aid for the CAP, which support that each producer will receive will be calculated the fee that it had assigned on March 31, 2006, and the fact of being the penultimate year 2005 that dairy producers may receive the premium and additional payments provided for in Royal Decree 543/2004 13 April, which regulates certain direct Community aid to the dairy sector for the years 2004, 2005 and 2006, make the months remaining until then, in a unique and unrepeatable opportunity to produce a rearrangement of quotas as the intended market.

Plan can be applied successfully only if the General Administration of the State managed consecutively two phases, ensuring not only a unique interpretation of the requirements and criteria of weighting of claims of abandonment and allocation of quotas, but, above all, the necessary agility in the handling of these procedures. The limited time available for the implementation of the plan and the sheer volume of management that will not allow applied, in this case, the procedures laid down in the Royal Decree 347/2003, of 21 March, even shortening deadlines, because actions that comprise them, which are the distribution of funds or contributions, as appropriate, through an agreement of the sectoral Conference on Agriculture and rural development and processing , resolution and payment or delivery of shares by the autonomous communities require a considerably greater than the available to execute this project.

Should be recalled, however, that State is enabled, under the competitive title of article 149.1.13. ª of the Constitution, to resolve cases of allocation of quantities from the national reserve, as the Constitutional Court has stated in several of its judgments, as well as to manage, exceptionally, grants for the promotion of objectives in matters that have a generic competence of intervention , provided that a number of circumstances described in the doctrine of the Constitutional Court. This doctrine is applicable to management by the General Administration of the State of the national milk production programme included in this plan, in which, for the reasons already noted, it is essential that management to ensure the full realization of its objectives and the same opportunities of access to the offered compensation, either that is the place where the exploitation of the beneficiary. Its execution by the General Administration of the State, ensures that the implementation of the plan does not absorb more budgetary resources to the intended for this purpose.

The exceptional nature of the measures that make up this plan is confirmed by the limitation of its temporary validity, which is restricted to the time strictly necessary for their implementation.

The uniqueness of the actions contained in the plan, also imposes, to replace some of the regulatory provisions of the national programmes of abandonment and the coordinated national fund of milk quotas in the Royal Decree 347/2003, of 21 March, by other exceptional provisions for this plan. Among them, the call of both actions, which normally makes the Minister of agriculture, fisheries and food, and the definition of several of the elements that compose them, by the significance of the pursued objective of national economic policy and the desirability of adapting certain precepts to the needs and specific purposes of this plan, is carrying out a regulatory standard with range of Royal Decree. In what does not contradict such a plan and the aspects not covered by it, it will remain of application, even during the period of application of this Royal Decree, the Royal Decree 347/2003, of 21 March.

In the process of elaboration of this Royal Decree have been consulted the autonomous communities, as well as the representative of the sectors concerned institutions.

By virtue, on the proposal of the Minister of agriculture, fisheries and food, with the prior approval of the Minister of public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of May 27, 2005, available: article 1. Object and scope of application.

The object of this Royal Decree is the establishment of a plan of restructuring of the dairy sector, hereinafter plan to reorder and improve the competitiveness of this sector in such a way that it can stand up to the new demands arising from the reform of the common agricultural policy.

Its scope is the entire territory of the State, except for the autonomous community of the Canary Islands and the cities of Ceuta and Melilla.

Abandoned article 2 Chapter I national program. Call.

1. in accordance with the provisions of paragraphs 1 and 2 of article 6 of the Royal Decree 347/2003, of 21 March, which regulates the management of milk quota system, is convened a national voluntary, definitive and indemnified production abandonment programme dairy, for execution during the additional levy 2005 / 2006.

2. the financing of the aid corresponding to this national programme shall be charged to the budget concept 21.21. 412B. 775.03, 'Plan of management of the dairy sector', of the General State budget for the year 2005, or, where appropriate, charged to the budgetary concept that comes from the budgets of the Ministry of agriculture, fisheries and food for the year 2006.

3. in this call, won't exist limits participation on the basis of the individual quota available on April 1, 2005.

Article 3. Requirements, amounts and obligations.

1 may apply for compensation by leaving all producers that have quota assigned to April 1, 2005, except those who have requested a temporary assignment during the period 2005 / 2006.

2. for the purposes of the calculation of the compensation, shall be taken into account transfers of quota to which refers article 35 of the Royal Decree 347/2003, of 21 March, communicated to the entry into force of this Royal Decree and the chosen, in accordance with articles 36 and 38 of the Royal Decree, until April 8, 2005 that had been authorized before the expiry of the deadline of resolution and notification in article 4.2.

3. the compensation shall be EUR 0.50 per each kilogram of compensable share.

Still, depending on the age of the applicant at the time of the entry into force of this Royal Decree, the compensation will be increased up to the following amounts: to) 0.55 euros to applicants who have served 56 years.

(b) 0.60 euros, for applicants who have fulfilled 60 years.

(c) 0.70 EUR, for applicants who have attained 64 years.

Order associative farms eligible for provisions of paragraphs to), b), c), more than 50 per cent of its members shall comply with the conditions laid down therein.

4. the producer shall make effective the total abandonment of production with the presentation of annexes V and VI of the Real Decree 347/2003, of 21 March, within a maximum period of 15 working days from the notification of the decision to be granted compensation.

Article 4. Processing, resolution and payment.

1. the requests addressed to the Secretary-General of agriculture and food, will be presented in the General registry of the Ministry of agriculture, fisheries and food, or at any of the locations set forth in article 38.4 of law 30/1992, of November 26, legal regime of public administrations and common administrative procedure.

Requests are formalized in the model listed in annex I within the period of one month from the entry into force of this Royal Decree.

2. the General Secretary of food and agriculture shall adopt the corresponding resolutions that authorize or approve requests accordingly and notify the interested parties within a period of three months from the entry into force of this Royal Decree.

3. the Ministry of agriculture, fisheries and food paid appropriate compensation to all interested party whose request has been resolved favorably and have complied with the obligations arising from it.

Chapter II National Fund coordinated milk quotas article 5. General aspects of the announcement of the Fund.

1 in accordance with the provisions of article 24 bis of the Royal Decree 347/2003, of 21 March, is an exceptional call for the Fund for the period 2005 / 2006, with an amount that includes: to) the 80 per cent of the share compensation program executed under order APA/2811/2004, 4 August , by which facilitated the national program of abandonment of milk production for the period 2004 / 2005. These amounts are found in the national reserve.

(b) other quantities from the national reserve at the time of the entry into force of this plan.

(c) the share recovered in the programme established in chapter I.


2 share amounts included in the Fund will be distributed in the following way: to) a part is assigned to the producers who so request, against payment of an amount of € 0.50 per kilogram.

(b) the remainder will be subject to additional free allocation and consideration of the national booking fee.

This amount will include stocks described in paragraph 1.b) and the part that recovers the national programme established in chapter I that is not intended for payment allocation. This amount will be, at a minimum, the indemnified at prices higher than 0.50 euros, pursuant to paragraphs a), b), c) of article 3.3.

Article 6. Requirements.

1 applicants who wish to obtain the allocation of shares of the Fund must be holders of a livestock farm in the territory included in the scope of this Royal Decree and meet the following requirements: to) have not received permanent abandonment of milk production programs, financed by European Union funds national or regional.

(b) not transferred quota during the 2003 / 2004, 2004 / 2005, 2005 / 2006.

(c) since April 2002, the person concerned has not been sanctioned for violating the demands of quality milk in accordance with the Royal Decree 1679 / 1994, of 22 July, which lays down the health conditions applicable to the production and marketing of raw milk and heat-treated milk products dairy.

(d) since April 2002, the person concerned has not been sanctioned by the presence in their livestock or exploitation of residues of substances prohibited under the Royal Decrees 1373 / 1997, of 29 August, or 2178 / 2004, 12 November, for which it is prohibited to use certain substances with hormonal or thyrostatic action and beta-agonists for use in livestock It has not been sanctioned by the presence in their livestock or holding of substances or products not authorised or of substances or products authorized, but illegal possession in their exploitation.

(e) since April 2002, the person concerned has not been sanctioned by very serious misconduct for breaching the Royal Decree 3454/2000, of 22 December, which establishes and regulates the comprehensive coordinated programme of surveillance and control of animal spongiform encephalopathies, the Royal Decree 348/2000, of 10 March, which joins the legal system Directive 98/58/EC concerning the protection of animals kept for farming.

2. not be excluded requests from producers who have been assigned amounts from the Fund in the period 2004 / 2005.

3. only will accept a request by holding to participate in this call.

4 a beneficiaries of this Fund will not be them reimburse by none of the quotas assigned in this call of the Fund, including the acquired payment, in the event that they accept a programme in the next five periods, except that they apply and are duly substantiated cases of exceptional and greater force to that referred to in paragraphs l) and m) of article 2 of the Royal Decree 347/2003 , 21 March.

Article 7. Strata of assignable quantities and applications.

1. to determine the maximum amount assignable to the applicants, are established three tiers depending on the interval of quota allocated on April 1, 2005, including those who do not. For each stratum, two percentages are set: to) one, which indicates the amount of total assignable before payment, intended for the set of farmers in that stratum.

(b) other, which indicates the free complementary amount will receive each farmer of this stratum, in relation to the amount paid.




No. stratum interval fee (kgs) assignable before payment (percentage of the total discounted quantity allocated pursuant to article 7.2) supplementary amount (percentage in relation to the amount paid) 1 0-177.000 45 percent up to 250 percent.






2 177.001-250,000 25 percent to 150 percent.






3 > 250,000 30 per cent according to the leftovers in the strata Nos. 1 and 2.





2 five per cent of the total number of assignable share payment will be used for youth in 2005 requesting an official aid provided for in chapter II of title II, 'Installation of young farmers', of Regulation (EC) No. 1257 / 1999 of the Council of 17 May 1999 on support for rural development from the European Fund of orientation and agricultural guarantee (EAGGF) and amending and repealing certain regulations.

The allocation of these amounts shall be subject to the aforementioned official aid. To each assignment against payment shall be a free supplementary allocation of up to 250 percent of that.

3. the part of the assignable amount payment to all farmers in each stratum that could overrun because the amount of quota requested were minor revert to the other layers in the following order of priority: young people who meet the conditions set forth in the preceding paragraph and stratum numbers 1, 2 and 3.

4 associative farms which referred to Article 2d) of Royal Decree 347/2003, of 21 March, will locate in the stratum number 2 If, after dividing the quota assigned to April 1, 2005 the number of farmers to main title that integrate them, gets less than 250,000.

With other holdings shall be similarly, but in these the maximum number of farmers to main title which may be considered for this purpose will be two. For these purposes, will be considered farmers to main title the spouse and relatives of the first degree of the individual holder of a holding which, without being farmers professionals, working on the farm and meet the other requirements set forth in article 2.6 of law 19/1995, of 4 July, modernisation of agricultural holdings, to be regarded as farmers to main title.

Article 8. Scale of scoring of applications.

Applications will be evaluated according to the following scoring scale: to) two points for all or any of the following circumstances in any of the last five periods prior to the period 2005 / 2006: 1 purchasing quota for separate transfer of the holding.

2nd receiving Fund allocation.

3rd not have received allocation of the Fund after having requested and meet the requirements laid down in the relevant invitation to participate.

(b) two points for all or any of the following circumstances: 1 be associative or family farm having at the time of submitting the application, consideration of priority, in accordance with the requirements of articles 4 to 6 of law 19/1995, of 4 July. The accreditation of the condition of priority exploitation will take place as provided in article 16.3 of the aforementioned law.

2. be farmer to main title in the beef sector.

For associative operations, it will be necessary that at least 50 per cent of its members are farmers to main title in the beef sector to score according to this criterion.

(c) one point for being a holding located in all or some of the following areas: 1 mountain areas, as provided for in article 18 of Regulation (EC) No. 1257 / 1999 of 17 May 1999 Council.

2nd other disadvantaged areas or areas with specific difficulties, such as defined in articles 19 and 20 of Regulation (EC) No. 1257 / 1999 of 17 May 1999 Council.

3rd island territory.

(d) a point for being a holding situated in an area with few alternatives to the production of milk or vocation dairy signified by more than 30 percent of the final milk production in the final agrarian production provincial or insular.

(e) two points for all or any of the following circumstances: 1 member and have delivered all the milk produced from April 1, 2005, to a cooperative or agrarian society of transformation, engaged in the marketing or processing of milk, which is authorized as a buyer of milk in the additional levy in the milk quota regime.

2 be an associative operation of the referred in Article 2d) of the Royal Decree 347/2003, of 21 March.

f) a point by having the young farmer status, as defined in article 2.n) the Royal Decree 347/2003, of 21 March.

In the case of associative holdings, will require that more than 50 percent of its members are young farmers to rate it according to this criterion.

(g) one point for having obtained, in any of the five years immediately preceding the date of application of the Fund, all or any of the official aid laid down in the following standards: 1 chapter II of title II, 'Installation of young farmers', of Regulation (EC) No. 1257 / 1999 of 17 May 1999 Council.

(2nd article 3.1. to) of the Royal Decree 613/2001 of 8 June, for the improvement and modernization of production of farm structures.


((3rd paragraphs d), g) and h) of article 3(2) of the Royal Decree 117/2001 of 9 February, which establishes the basic rules of investment promotion for the improvement of the conditions of processing and marketing of agricultural products, forestry and food.

(h) one point for being a woman.

In the case of associative holdings, will require that more than 50 percent of its members are women to score under this criterion.

(i) a point to meet all the requirements laid down in article 6.

Article 9. Application and processing.

1. Requests for allocation of quota through the Fund will be directed to the Secretary General of agriculture and food. They will be presented to the competent body of the autonomous community in which is situated the holding of the applicant or any of the places set out in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

Requests shall contain the minimum information listed in annex II and shall be submitted within the period of 20 working days from the entry into force of this Royal Decree.

2. proven once the fulfilment of the requirements in article 6, the competent body of the autonomous community where the exploitation of the applicant will assess and sort applications according to the scale laid down in article 8.

3. the organ competent autonomous community shall forward to the Ministry of agriculture, fisheries and food, within a maximum period of two months from the entry into force of this Royal Decree, the data concerning applications submitted, including those that do not meet established requirements, with concise indication of the reason for the proposed refusal and requests given by desistidas in application of article 71.1 of the law 30/1992 , 26 November.

Article 10. Assignment.

1. the allocation of amounts from the Fund shall be by decision of the Secretary General of agriculture and food, in which the total amount allocated to each applicant with the specification, where appropriate, the free supplementary amount granted from the national reserve to receive farmers, according to the percentages set out in article 7 shall be established.

2 in the event that, within each stratum, the sum of the fees requested from the Fund exceeds the total maximum available, the assignable quantity is determined by the attribution to each point of a quantity, in kilograms, obtained by dividing the entire amount assignable to that stratum between the sum of points that receive requests by producers included in it.

To determine the assignable share associative operations, referred to in Article 2d) of Royal Decree 347/2003, of 21 March, will multiply the points by the number of farmers to main title that integrate them, up to a maximum of three.

Article 11. Allocation of the quantities from the national programme 2004 / 2005.

1 the competent bodies of the autonomous communities may be proposed to the General Secretary of food and agriculture the individual allocation of the quantities referred to in article 5.1. to) between the producers of their territorial scope which meet the requirements set out in article 6. Such amounts shall be distributed between the autonomous communities in proportion to the amount indemnified in each of them, in accordance with the order APA/2811/2004 of August 4.

These amounts will be distributed in the following way: to) the 50 per cent will be allocated to producers, against payment of an amount of € 0.50 per kilogram.

(b) the other 50 percent will be subject to additional free allocation and consideration of the national booking fee. This amount will be identical to the acquired against payment of the Fund under this article.

2. the quantities which, within the time limit set in article 9.3, non-proposal by the competent body of the autonomous communities shall be allocated in accordance with article 10.

3 the competent bodies of the autonomous communities: to) determine the data to be included in the request, which shall be dealt with as provided for in paragraphs 1 and 3 of article 9.

(b) they will appreciate, classified, and scored, in the way you determine and requests in accordance with the criteria and strata deemed appropriate.

4. these proposals will be subject to allocation, in accordance with article 12, together with the amounts that result in application of the procedure referred to in article 10.

Article 12. Resolution.

1. the General Secretary of food and agriculture shall adopt the corresponding resolutions that authorize or approve requests accordingly and notify stakeholders within the period of five months from the entry into force of this Royal Decree.

Its effectiveness will depend on effective income the amount due by the beneficiaries, within the period of 10 working days since receiving the resolution.

2. the article 29.4 of the Royal Decree 347/2003, of 21 March, will not apply in this call.

3 not be assigned no amount of the Fund, upon payment, exceeding the requested, nor any amount, including the complementary quantity free, less than the requested.

4. the assigned amounts shall take effect in the period 2005 / 2006, except those amounts certified deliveries and, where appropriate, direct sales declared by the beneficiaries of the programme established in chapter I so far do effective abandonment, that will have effects in the period 2006 / 2007.

Sole additional provision. Exclusions of direct aid to the dairy sector.

In the case of transfers for all the fee during the period 2005 / 2006, unrelated exploitation, shall share the available to March 31, 2006 transferer, for the purpose of Royal Decree 543/2004, of 13 April, which regulates certain direct Community aid to the dairy sector for the years 2004, 2005 and 2006 It is of zero kg.

In the case of unrelated partial transfers of the holding during the period 2005 / 2006, the available quota shall be reduced in proportion to certified deliveries or direct sales declared by the transferor at the time of a transfer.

First final provision. Skill-related title.

This Royal Decree is issued under cover of the exclusive jurisdiction attributed to the State article 149.1.13. ª of the Constitution in terms of bases and coordination of the general planning of economic activity.

Second final provision. Supplementary application of the Royal Decree 347/2003, of 21 March, which regulates the management of milk quota system.

The Royal Decree 347/2003, of 21 March, which regulates the management of milk quota system, shall apply in all what is consistent with provisions of this Royal Decree, as well as all aspects not covered by it.

Third final provision. Faculty of development.

It allows the Minister of agriculture, fisheries and food to adopt, in the field of its competences, many provisions are necessary for the development and implementation of provisions of this Royal Decree, as well as to extend their terms and to modify its annexes.

Likewise, it empowers the Minister of agriculture, fisheries and food to modify up to a 50 percent, following a hearing to the autonomous communities and to the sectors concerned, the percentages of allocation for each of the designated strata in article 7, provided that the volume of share from the national programme organised by Royal Decree is significantly lower than the volume of fee requested at the bottom.

Fourth final provision. Entry into force and temporary effect.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

It shall apply until 31 March of 2006, inclusive, without prejudice to their applicability with respect to all actions, procedures and remedies carried out under its auspices and derivatives of it. However, the only additional provision will be in force until the end of the entry into force of the Royal Decree 543/2004, of 13 April.

Given in Madrid, on 27 May 2005.

JUAN CARLOS R.

The Minister of agriculture, fisheries and food, ELENA ESPINOSA MANGANA annex I annex II

Related Laws