The need for a restructuring plan for the dairy sector is born out of the two circumstances: the current situation in which the milk quota is located in Spain and the new single payment scheme decoupled from the (i) production, derived from the reform of the common agricultural policy of the European Union, the CAP.

The first circumstance, the milk quota in Spain, is a limited and scarce commodity, so it must be distributed properly. The flexibility of the quota system as regards the transfers provided for in Royal Decree 347/2003 of 21 March, which regulates the system for managing the milk quota, has led to the disappearance of a large number of farms. Even so, currently 71 percent of the farms have a lower-than-national average size, which is 177,000 kilograms, and of those, 54 percent does not reach 75,000 kilograms of quota.

Hence, it is necessary to initiate a reordering process which, without substantially altering the current allocation of the quota, will allow certain quantities to be redistributed in order to improve the competitiveness of an appropriate number of viable holdings of small and medium size. This need has been appreciated by the Congress of Deputies in the non-law proposal adopted on 15 March 2005, calling on the Government to approve a national plan for the reordering of the dairy sector, which will strengthen the have an appropriate territorial base, acceptable hygienic-sanitary conditions and an appropriate size to ensure their economic viability, by providing them with milk quotas at affordable prices.

The ground for implementing this plan has been prepared by Royal Decree 313/2005 of 18 March, amending Royal Decree 194/2002 of 15 February, laying down detailed rules for the application of the aid for the supply of milk and milk products to school pupils, and Royal Decree 347/2003 of 21 March for regulating the milk quota management system, and repealing Royal Decree 313/1996 of 23 February 1996, which provides for the provision of milk and milk products rules on the supplementary declarations to be made by the purchasers of milk and dairy products. Royal Decree 313/2005 of 18 March provides for extraordinary calls for the coordinated national fund for milk quotas in which the recovered quotas can be used in the national abandonment programmes carried out in the the same period of quota and facilitates the continued existence of a high level of social security for producers who abandon milk production in the framework of a programme of abandonment. Since 9 April 2005, the Commission has been freezing applications for the transfer of unlinked quotas from the holding in order to curb the price rise which farmers must pay on the market for milk quotas. acquire.

The second factor determining this plan is the reform of the CAP, which is essentially intended for the dairy sector, in two texts: Council Regulation (EC) No 1782/2003 of 29 September 2003 on the (a) the establishment of common rules applicable to direct aid schemes in the framework of the common agricultural policy and establishing certain schemes for the aid to farmers and amending certain Council Regulation (EC) No 1788/2003 of 29 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 1788/2003 provides for a levy in the milk and milk products sector. These rules lay down the new single payment scheme, decoupled from production, in which most of the direct aid from the CAP is integrated.

Spain has opted for a transitional period, so that the new single payment scheme will be introduced in 2006. Since that year, the dairy premium covered by Regulation (EC) No 1782/2003 and Royal Decree 543/2004 of 13 April, which regulates certain Community direct aid to the milk sector for the years 2004, 2005 and 2006, shall be paid with (a) the scheme. This implies that both the premium and the additional payments to be paid from the year 2006 will be linked to the quota which the producer will have at each moment and will be fixed according to the amount corresponding to the milk quota available for the holding on 31 March 2006.

From that point on, quota acquisitions will not carry the built-in dairy aid, which is going to be a turning point for the sector. This can lead to distortions between the allocatees of milk quotas as opposed to the allocation of the single payment entitlements, as would be the case if these rights were to be allocated to farmers who subsequently divested from their quota in successive programmes of Abandonment compensation.

The plan approved by this royal decree will serve to carry out a state-wide public policy to correct the deviations that the free market has caused in the structure of the milk-producing sector. This is a concrete and immediate action, since 2005 is the last year in which a redistribution of quota associated with a dairy premium can be carried out, and is designed to enable the producer to successfully face the new scenario. created by the reform of the CAP.

The aim of this action will be to ensure that the largest possible number of dairy farms remain in the sector, as a sectoral strategy to achieve a strong and viable sector and to contribute to maintenance. of the rural environment and the occupation of the territory. It is intended to support, among others, holdings located in areas of productive vocation, with a territorial base suitable for the production of milk that ensures its competitiveness and sustainability. In addition, the plan aims to provide transparency to the market and to reduce the price that farmers have to pay for the purchase of more quota, so that it is affordable for all farms that need it.

The plan is based on two pillars. The first consists of a national program for the abandonment of dairy production, financed through the General Budget of the State, with which the national reserve will be fed and for which the purchase of quotas will be temporarily replaced. on the market.

Quotas to be recovered will be spread through the coordinated national milk quota fund, which is the second pillar of the plan. The national reserve is the only mechanism to be used by the State to distribute certain quota amounts and to reorder the sector according to general economic policy criteria. Thus, the quotas will be allocated on common criteria, so that the necessary support can be given to the holdings which are judged to be preferential irrespective of the territory in which they are located.

However, in order not to disappoint the expectations that may have been created following the implementation of the national abandonment programme of the 2004/2005 period, the autonomous communities that so wish will be able to distribute among their producers. 80% of the quantities recovered in their territory under that programme.

The restructuring plan for the dairy producer sector is approved under the State competence provided for in Article 149.1.13. of the Constitution, on the basis and coordination of the general planning of the activity. economic. In accordance with the Constitutional Court's doctrine, this competence may cover particular provisions or measures, or even a detailed planning by the State, where this is essential for the attainment of the objectives of the Treaty. proposed in the management of an economic sector.

The plan meets those requirements, as it is an instrument that collects the precise elements for the execution of the actions that it provides. Thus, the plan is the plasmation of a decision of economic policy that has an indubitable impact on the economic activity of the dairy producing sector, since it aims to guarantee the maintenance of the activity in the regions producers and avoid the impoverishment and depopulation of large areas of the territory, especially those that do not have other alternatives to dairy production. The plan also affects the economic activity of this sector by its way of execution, since in order to carry it out, the State will intervene in the market as an actor of purchase and sale.

The plan not only has a broad scope, which transcends purely economic, having significant social and environmental implications, but has a national dimension, because it responds to a supra-regional objective, such as is to correct the territorial imbalances that have led to 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 unitary action of the State in the whole of the territory, given the need to ensure a uniform treatment that allows the proposed end to be met. This unitary action is based, on the one hand, through the establishment of a single decision-making criteria for resolving applications submitted to the national abandonment programme and the coordinated national milk quota fund which is call for this plan. The establishment of unique criteria for the redistribution of quotas is essential to ensure the uniform treatment of applications, so that all interested parties who meet the requirements laid down in this standard can benefit from the abandonment programme or the allocation of quotas through the coordinated national fund, whichever is the autonomous community in which they reside.

Secondly, the unitary action of this plan is articulated through the reservation to the State of its execution, including resolution and payment, as a necessary measure to ensure the full effectiveness of the redistribution of quotas and the (a) the right to the right to benefit from the provision of the right to the right of access to the right of access to the right of access. The description of these circumstances should be stopped as they help to explain to a large extent the need for centralised management of the plan. The application as from 1 April 2006 of the single payment scheme for CAP aid, in which the aid to be received by each producer will be calculated on the basis of the quota allocated to it on 31 March 2006, and the fact that it is 2005 the penultimate year in which dairy farmers will be able to receive the premium and additional payments provided for in Royal Decree 543/2004 of 13 April, which regulates certain Community direct aids to the milk sector for the years 2004, 2005 and 2006, turn the months until then into a unique and unrepeatable opportunity to produce a reordering of the quota market as the intended one.

The plan can only be successfully implemented if the General Administration of the State manages its two phases in a row, ensuring not only a single interpretation of the requirements and the weighting criteria for the The Commission has been in the process of setting up a European Council of European Union (EU) countries. The limited time available for the implementation of the plan and the enormous amount of management it will generate does not allow the procedures provided for in Royal Decree 347/2003 of 21 March, or even shortening its deadlines, to be applied in this case. actions that make them, which are the distribution of funds or quotas, according to the cases, through an agreement of the sectoral conference of agriculture and rural development and the processing, resolution and payment or delivery of quotas by the communities Autonomic requires a considerably greater time than available to run this project.

It should be noted, however, that the State is entitled, under the jurisdiction of Article 149.1.13. of the Constitution, to resolve the dossiers for the allocation of quantities from the reserve national, as the Constitutional Court has stated in several of its judgments, as well as to manage, by way of exception, grants for the promotion of objectives raised in matters on which it has a generic competence intervention, provided that there are a number of circumstances described in the Court's doctrine Constitutional. This doctrine is applicable to the management by the General Administration of the State of the national program of abandonment of dairy production included in this plan, in which, for the reasons already pointed out, this management is indispensable for ensure the full realisation of its objectives and the same possibilities of access to the compensation offered, whatever the place in which the beneficiary is operated. Its implementation by the General Administration of the State ensures that the implementation of the plan does not absorb more budgetary resources than those destined for this purpose.

The exceptional character 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 its execution.

The uniqueness of the actions contained in the plan also requires the replacement of some of the regulatory provisions of the national abandonment programmes and the coordinated national milk quota fund in the Royal Decree. 347/2003, of 21 March, for other exceptional forecasts for this plan. Among them, the call for both actions, which is normally carried out by the Minister of Agriculture, Fisheries and Food, and the definition of several of the elements that integrate them, due to the importance of the objective of national economic policy. pursued and the desirability of adapting certain precepts to the specific needs and purposes of this plan, are carried out by a regulatory standard with the rank of royal decree. As far as it does not contradict that plan and in the aspects not covered by it, it will continue to apply, even during the period of application of this royal decree, Royal Decree 347/2003, of 21 March.

In the process of drawing up this royal decree, the autonomous communities have been consulted, as well as the representative entities of the sectors concerned.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 27 May 2005,

DISPONGO:

Article 1. Object and scope of application.

The purpose of this royal decree is the establishment of a plan for restructuring the dairy producing sector, which will be implemented in the future, in order to reorder and improve the competitiveness of this sector so that it can deal with the new requirements arising from the reform of the common agricultural policy.

Its scope is the entire territory of the State, except the Autonomous Community of the Canary Islands and the Cities of Ceuta and Melilla.

CHAPTER I

National abandonment program

Article 2. Call.

1. In accordance with Article 6 (1) and (2) of Royal Decree 347/2003 of 21 March, which regulates the milk quota management system, a national voluntary, definitive and compensation scheme is called for. for milk production, for the purpose of its implementation during the 2005/2006 supplementary levy period.

2. The financing of the aid for this national abandonment programme will be carried out under the budget concept 21.21.412B.775.03, "Plan of Management of the Dairy Sector ", of the General Budget of the State for the year 2005, or, where appropriate, from the budget concept that comes from the budgets of the Ministry of Agriculture, Fisheries and Food for the year 2006.

3. In this call, there will be no limits to participation on the basis of the individual quota available on 1 April 2005.

Article 3. Requirements, amounts and obligations.

1. They may apply for compensation for abandonment by all producers who have a quota allocated to 1 April 2005, except for those who have applied for a temporary assignment during the 2005/2006 period.

2. For the purposes of calculating the compensation, account shall be taken of the transfers of quota referred to in Article 35 of Royal Decree 347/2003 of 21 March 2003, communicated until the entry into force of this royal decree and those requested, in accordance with Articles 36 and 38 of that royal decree, until 8 April 2005, which had been authorised before the end of the period of resolution and notification provided for in Article 4.2.

3. The compensation shall be EUR 0,50 for each kilogram of compensation payable.

However, according to the age of the applicants at the time of entry into force of this royal decree, the compensation shall be increased to the following amounts:

a) EUR 0.55 for applicants who have been 56 years old.

(b) EUR 0.60, for applicants who have been 60 years of age.

(c) EUR 0,70 for applicants who have completed 64 years.

In order for the associative holdings to benefit from the provisions of paragraphs (a), (b) and (c) above, more than 50% of their members shall comply with the conditions laid down in them.

4. The producer must make the total abandonment of production effective with the submission of Annexes V and VI to Royal Decree 347/2003 of 21 March within a maximum period of 15 working days from the date of notification of the decision granting it. compensation.

Article 4. Processing, resolution and payment.

1. The applications, addressed to the Secretary-General for Agriculture and Food, shall be submitted to the General Register of the Ministry of Agriculture, Fisheries and Food or any of the places laid down in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Applications shall be formalised in the model set out in Annex I within one month of the entry into force of this royal decree.

2. The Secretary-General for Agriculture and Food shall give the relevant decisions authorising or giving reasons for the request and shall notify the parties concerned within three months of the entry into force of this Regulation. decree.

3. The Ministry of Agriculture, Fisheries and Food shall pay the compensation for any interested party whose application has been favourably resolved and has complied with the commitments resulting from it.

CHAPTER II

Coordinated national milk quota fund

Article 5. General aspects of the call for the fund.

1. In accordance with Article 24a of Royal Decree 347/2003 of 21 March 2003, an exceptional call is made for the fund for the period 2005/2006, with an amount including:

(a) 80 percent of the compensation fee in the program executed under the APA/2811/2004 Order of 4 August, for which the national program for the abandonment of milk production is implemented for the period 2004/2005. These amounts are in the national reserve.

b) Other amounts of the national reserve at the time of entry into force of this plan.

c) The quota recovered in the abandonment program set out in Chapter I.

2. The quota amounts included in the fund will be distributed as follows:

(a) A part shall be allocated to producers who so request, after payment of an amount of EUR 0.50 per kilogram.

(b) The remainder shall be the subject of free additional allocation and shall be taken into account in the national reserve.

This amount shall include the stocks described in paragraph 1.b) and the part that is recovered from the national abandonment programme set out in Chapter I that is not intended for the pre-payment allocation. This amount shall be, as a minimum, compensation at prices exceeding EUR 0,50 in accordance with Article 3.3 (a), (b) and (c).

Article 6. Requirements.

1. Applicants who wish to obtain the allocation of shares of the fund shall be holders of a livestock holding in the territory included in the scope of this royal decree and shall meet the following requirements:

(a) Not having received the final abandonment programmes for milk production, financed from European Union, national or regional funds.

b) Not having transferred quota during periods 2 0 0 3/2 0 0 4, 2004/2005 or 2005/2006.

c) Since April 2002, the person concerned has not been punished for failing to meet the quality requirements of milk in accordance with Royal Decree 1679/1994 of 22 July 1994 laying down health conditions for the applicable to the production and placing on the market of raw milk, heat-treated milk and milk products.

(d) That since April 2002, the person concerned has not been punished for the presence in his livestock or the exploitation of residues of prohibited substances under the Royal Decrees 1373/1997 of 29 August, or 2178/2004, of 12 November, which prohibits the use of certain substances having a hormonal or thyrostatic action and beta-agonists of use in livestock farming, nor has it been sanctioned by the presence of substances or products in their livestock or authorised or of authorised substances or products, but in illegal possession on their holding.

e) That since April 2002, the person concerned has not been punished for a very serious lack of compliance with Royal Decree 3454/2000 of 22 December, establishing and regulating the coordinated comprehensive surveillance and control programme of the transmissible spongiform encephalopathies of animals, or Royal Decree 348/2000 of 10 March, incorporating Directive 98 /58/EC on the protection of animals on livestock holdings in the legal order.

2. Applications shall not be excluded from producers to whom quantities have been allocated from the fund in the period 2004/2005.

3. Only one application per holding shall be permitted to participate in this call.

4. The beneficiaries of this fund will not be compensated for any of the quotas allocated in this call for the fund, including the previous payment, in the event that they are engaged in a abandonment programme in the next five periods, unless the cases of force majeure and exceptional cases referred to in paragraphs (l) and (m) of Article 2 of Royal Decree 347/2003 of 21 March 2003 are duly justified and duly justified.

Article 7. Strata of dispatchable requests and quantities.

1. In order to determine the maximum amount to be allocated to applicants, three strata are established on the basis of the quota range allocated on 1 April 2005, including those which do not. For each stratum, two percentages are set:

(a) One, indicating the amount, of the total allocable prior payment, intended for the set of cattlemen of that stratum.

b) Other, which indicates the free complementary amount each farmer will receive from that stratum, in relation to the amount paid.

stratum	Quota interval (kgs)	Presignable payment (percentage of total, discounted quantity allocated as to item 7.2)	Quantity supplemental (percent relative with the amount paid)
1	0-177,000	45 percent	Up to 250 percent.
2	177.001-250,000	25 percent	Up to 150 percent.
3	250,000	30 percent	Depending on the leftovers in the strata n.os 1 and 2.

2. Five per cent of the total eligible quota will be allocated to young people applying for official assistance in 2005 under Title II, Chapter II, 'Facility for young farmers', of Regulation (EC) No 22004/ of the European Parliament and of the Council. Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations.

The allocation of these quantities shall be subject to the granting of the official aid referred to above. A free supplementary allowance of up to 250 per cent of that allowance will be paid to each pre-payment allowance.

3. The part of the amount allocable prior to payment to the set of cattlemen of each stratum which could be exceeded because the quantity of quota requested is lower will revert to the other strata by the following order of priority: young people who satisfy the conditions set out in the preceding paragraph and strata numbers 1, 2 and 3.

4. The associative holdings referred to in Article 2 (o) of Royal Decree 347/2003 of 21 March may be located in the stratum No 2 if, after dividing the quota allocated to 1 April 2005 between the number of farmers in title The main ones that integrate them, you get a figure of less than 250,000.

With the other holdings, the same shall apply, although in these holdings the maximum number of farmers in the main title which may be considered for this purpose shall be two. For this purpose, the spouse and first-degree family members of the natural person holding a holding who, without being a professional farmer, work on the holding and who fulfil the other conditions shall be taken into account as farmers. requirements laid down in Article 2.6 of Law 19/1995 of 4 July for the modernization of agricultural holdings to be considered as a principal farmer.

Article 8. The scoring scale of the requests.

The submitted applications will be valued according to the following score scale:

a) Two points to meet all or any of the following circumstances in any of the last five periods prior to the 2005/2006 period:

1. º Haber acquired fee for untied transfer of the holding.

2. º Haber received allocation from the fund.

3. º Not having received fund allocation after having requested it and meeting the requirements set out in the respective call.

b) Two points to meet all or any of the following circumstances:

1. To be a family or associative agricultural holding which, at the time of filing, has the consideration of priority, in accordance with the requirements laid down in Articles 4 to 6 of Law 19/1995, of 4 of July. The accreditation of the priority holding condition shall be carried out in the manner provided for in Article 16.3 of that law.

2. Being a major farmer in the beef sector.

In the case of associative holdings, it will be necessary for at least 50% of its members to be farmers in the main beef sector to score according to this criterion.

c) A point of being a holding located in all or any of the following zones:

1. Mountain areas, as provided for in Article 18 of Council Regulation (EC) No 1257/1999 of 17 May 1999.

2. Other less-favoured areas or areas subject to specific difficulties as defined in Articles 19 and 20 of Council Regulation (EC) No 1257/1999 of 17 May 1999.

3. Island Territory.

d) A point of being a holding located in an area with few alternatives to milk production or milk vocation meant by a participation of more than 30 percent of the final milk production in the Provincial or island agricultural final production.

e) Two points to meet all or any of the following circumstances:

1. No member and have given all the milk produced since 1 April 2005 to a cooperative or agricultural processing company engaged in the marketing or processing of milk, which is authorised as a purchaser of milk in the system of the supplementary milk quota levy.

2. Being an associative exploitation of those referred to in Article 2.o) of Royal Decree 347/2003, of 21 March.

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

In the case of associative holdings, it will be necessary for more than 50 percent of its members to be young farmers to score according to this criterion.

(g) A point for obtaining, in any of the five years immediately preceding the date of the application for the fund, all or any of the official aid provided for in the following rules:

1. Chapter II of Title II, "Installation of young farmers", of Council Regulation (EC) No 1257/1999 of 17 May 1999.

2. Article 3.1.a) of Royal Decree 613/2001 of 8 June for the improvement and modernisation of the production structures of agricultural holdings.

3. Paragraphs (d), (g) and (h) of Article 3.2 of Royal Decree 117/2001 of 9 February laying down the basic rules for the promotion of investments for the improvement of processing and marketing conditions of agricultural, forestry and food products.

h) A point for being a woman.

In the case of associative holdings, it will be necessary for more than 50 percent of its members to be women to score according to this criterion.

i) A point to meet all the requirements set out in Article 6.

Article 9. Request and fulfillment.

1. Requests for quota allocation through the fund will be directed to the Secretary General of Agriculture and Food. They shall be submitted to the competent authority of the autonomous community in which the holding of the applicant or in any of the places laid down in Article 38.4 of Law 30/1992 of 26 November of the Legal Regime of the Public administrations and the Common Administrative Procedure.

Applications shall contain the minimum data set out in Annex II and shall be submitted within 20 working days of the entry into force of this royal decree.

2. Once compliance with the requirements laid down in Article 6 has been verified, the competent authority of the autonomous community in which the applicant's holding shall assess and classify the applications according to the scale laid down in the Article 8.

3. The competent authority of the autonomous community shall forward to the Ministry of Agriculture, Fisheries and Food within a maximum of two months from the entry into force of this royal decree, the data relating to all applications submitted, including those who do not comply with the requirements laid down, with a brief indication of the reason for the proposal for refusal and the requests which have been made in accordance with Article 71.1 of Law No 30/1992 of 26 November 1992.

Article 10. Assignment.

1. The allocation of amounts from the Fund shall be made by means of a resolution of the Secretary-General for Agriculture and Food, in which the total quantity allocated to each applicant shall be established with the specification, if any, of the free additional quantity from the national reserve to be received by the farmers, in accordance with the percentages set out in Article 7.

2. Where, within each stratum, the sum of the quotas requested from the fund exceeds the maximum available total, the amount allocated shall be determined by allocation to each point of an amount, in kilograms, as a result of dividing the whole amount allocated for that stratum between the sum of points received by the applications submitted by the producers included in it.

In order to determine the quota allocated to the associative holdings, as referred to in Article 2 (o) of Royal Decree 347/2003, of 21 March, the number of farmers shall be multiplied by the number of farmers in the main integrate, up to a maximum of three.

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

1. The competent bodies of the autonomous communities may propose to the Secretary-General for Agriculture and Food the individual allocation of the quantities referred to in Article 5 (1) (a) among producers in their territory which comply with this Regulation. the requirements set out in Article 6. These quantities shall be distributed among the autonomous communities in proportion to the amount of compensation in each of them, in accordance with Order APA/2811/2004 of 4 August 2004.

These quantities will be distributed as follows:

(a) 50% shall be allocated to producers, subject to payment of an amount of EUR 0,50 per kilogram.

b) The other 50 percent will be subject to free supplemental allocation and will have the consideration of national reserve quota. This amount shall be identical to the previous payment of the fund under this Article.

2. The quantities which, within the time limit laid down in Article 9.3, are not proposed by the competent authority of the autonomous communities shall be allocated in accordance with Article 10.

3. The competent bodies of the Autonomous Communities:

(a) End the data to be included in the application, which shall be processed as set out in Article 9 (1) and (3).

(b) They shall assess, classify and rate applications in the form they determine and in accordance with the criteria and strata they deem appropriate.

4. These proposals shall be allocated in accordance with Article 12 together with the amounts resulting from the procedure referred to in Article 10.

Article 12. Resolution.

1. The Secretary-General for Agriculture and Food shall give the relevant decisions authorising or giving reasons for the application and shall notify the parties concerned within five months of the date of entry into force of this Regulation. decree.

Their effectiveness will be conditional upon the cash being paid by the beneficiaries, within 10 working days of receipt of the decision.

2. Article 29.4 of Royal Decree 347/2003, of 21 March, will not apply to this call.

3. No amount of the fund shall be allocated, upon payment, in excess of the requested amount, or any total amount, including the complimentary amount, less than the requested amount.

4. The quantities allocated shall take effect in the 2005/2006 period, with the exception of those quantities corresponding to certified deliveries and, where appropriate, direct sales declared by the beneficiaries of the abandonment programme established in the Chapter I so far as to make cash the abandonment, which will have effects in the period 2006/2007.

Single additional disposition. Exclusions from direct aid to the dairy sector.

In the case of transfers for the entire quota in the 2005/2006 period, unrelated to the holding, the transferor's share available at 31 March 2006, for the purposes of Royal Decree 543/2004, of 13 May 2006, shall be understood as April, for which certain Community direct aid to the milk sector is regulated for the years 2004, 2005 and 2006, is zero kilograms.

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

Final disposition first. Competence title.

This royal decree is dictated by the exclusive competence conferred on the State by Article 149.1.13. of the Constitution on the basis and coordination of the general planning of economic activity.

Final disposition second. Application of Royal Decree 347/2003 of 21 March 2003 regulating the system of management of milk quotas.

Royal Decree 347/2003, of 21 March, which regulates the system of management of milk quota, will be applicable in all that does not oppose the provisions of this royal decree, as well as in all aspects not regulated by the.

Final disposition third. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to adopt, in the field of his powers, how many provisions are necessary for the development and implementation of the provisions of this royal decree, as well as for extend its deadlines and amend its annexes.

The Minister of Agriculture, Fisheries and Food is empowered to modify up to 50 percent, after hearing the autonomous communities and the sectors affected, the percentages of allocation for each of the the strata referred to in Article 7, provided that the quota volume from the national abandonment programme called for by this royal decree is significantly lower than the quota volume requested from the fund.

Final disposition fourth. Entry into force and temporary validity.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

It shall apply until 31 March 2006, including, without prejudice to its applicability in respect of all the actions, procedures and resources made under its protection and derivatives thereof. However, the only additional provision will be in force until the end of the validity of Royal Decree 543/2004 of 13 April.

Given in Madrid, on May 27, 2005.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

ELENA ESPINOSA MANGANA

ANNEX I

ANNEX II