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Royal Decree 1078/2014, Of December 19, By The Rules Of Conditionality To Be Met By Beneficiaries Receiving Direct Payments Are Established, Certain Annual Premiums Of Rural Development, Or Payments Under Certain Pr ...

Original Language Title: Real Decreto 1078/2014, de 19 de diciembre, por el que se establecen las normas de la condicionalidad que deben cumplir los beneficiarios que reciban pagos directos, determinadas primas anuales de desarrollo rural, o pagos en virtud de determinados pr...

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TEXT

The common agricultural policy, since the 1990s, has progressively integrated the new demands of European society. In this sense, the environment, climate change, public health, plant health and animal welfare and health are conditions of the CAP.

The 2003 CAP reform introduced the concept of conditionality, which included good agricultural and environmental land conditions and the legal requirements for environmental management, public health, animal and animal welfare, and animal welfare.

For the period 2015 -2020, the cross-compliance system together with the "green" direct payments and the rural development measures for the environment constitute a set of measures that allow for more respectful of the environment.

As far as cross compliance is concerned, its scope has been simplified in order to ensure its consistency, by organising the requirements in a single list, grouped by areas and themes, and has been adjusted, given that a A number of requirements were not sufficiently related to the agricultural activity or area of the holding, or concerned more to the national authorities than to the beneficiaries.

Moreover, in the case of farmers participating in the simplified scheme for small farmers, for reasons of simplification, they are exempted from the control system and from the risk of the conditionality. However, this derogation does not affect the obligation to respect the applicable provisions of the sectoral legislation or the possibility of being controlled and sanctioned under that legislation.

Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, repealing Regulations (EC) No 352/78, (EC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 lays down, inter alia, the rules of cross-compliance.

Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down transitional provisions on support for rural development through the European Agricultural Development Fund Rural (EAFRD), amends Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in the financial year 2014 and amends Council Regulation (EC) No 73/2009 and Regulations (EU) No 73/2009, 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards their implementation in the financial year 2014, provides that from 1 January 2015 the provisions on cross-compliance laid down in Regulation (EU) No 1306/2013 should apply.

Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 as regards the integrated system for the management and control and the conditions concerning the refusal or withdrawal of payments and the administrative penalties applicable to direct payments, aid for rural development and cross-compliance, provides for a basis in Title IV of the harmonised for the calculation of penalties resulting from cross-compliance.

The regulation also lays down certain obligations of Member States and farmers in respect of permanent pasture, as in 2015, the rules on cross-compliance include their maintenance.

Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the the integrated management and control system, rural development measures and cross-compliance, lays down the technical and procedural rules for the calculation and implementation of penalties.

In view of the above, it is considered appropriate to repeal Royal Decree 486/2009 of 3 April 2009 and to approve a royal decree to implement the new Community legislation published in this regard.

In the elaboration of this royal decree, the autonomous communities and representative entities of the sectors affected have been consulted.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 19 December 2014,

DISPONGO:

Article 1. Object and scope of application.

This royal decree aims to determine the rules of the conditionality that they will have to comply with:

(a) Beneficiaries receiving direct payments under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 laying down rules for direct payments to the beneficiaries farmers under the aid schemes falling within the framework of the common agricultural policy and repealing Council Regulations (EC) No 637/2008 and (EC) No 73/2009.

(b) beneficiaries receiving the annual premiums pursuant to Articles 21 (1) (a) and (b), 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013, on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.

(c) Beneficiaries receiving payments pursuant to Articles 46 and 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the common organisation of the markets of the European Union agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007.

This regulatory framework will also affect the beneficiaries of the eight rural development measures, under Article 36 (a) (i) (i) (i), (iv) and (v) of Regulation (EC) No 1698/2005 of the European Parliament and of the Council (EC). Council of 20 September 2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD), from the previous period (2007-2013), as well as to beneficiaries who have received the first payment of the premium to grubbing-up and the restructuring and conversion of the vineyard, as provided for in Articles 85 unvicitsand 103 septiciesof Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and laying down specific provisions for certain agricultural products (Single CMO Regulation) in the years 2012, 2013 or 2014.

According to Article 92 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, repealing the Regulations (EC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, the farmers participating in the scheme in favour of small farmers shall be exempt from cross-compliance and, in (a) the system of checks and penalties provided for in Article 8 of Regulation (EC) No 87/868 this royal decree.

Article 2. Definitions.

For the purposes of this royal decree, the definitions contained in Regulation (EU) No 1306/2013, of the European Parliament and of the Council of 17 December 2013, Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 shall apply. Commission Regulation (EU) No 809/2014 of 17 December 2014 and Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down detailed rules for the application of the Regulation (EU) No 640/2014 and (EU) No 809/2014 No. 1306/2013 of the European Parliament and of the Council as regards the integrated management system and control, rural development measures and cross-compliance, as well as the following:

a) Cauce: I see or natural flow of a continuous or discontinuous stream, is the terrain covered by the waters in the highest ordinary grown. The average of the maximum average annual flow rates, in their natural system produced for 10 consecutive years, which are representative of the hydraulic behaviour of the current and which have at least two years, shall be considered as the maximum rate. account for the available hydrological, hydraulic, photographic and cartographic information, as well as the historical references available.

b) Labling the land: Remove the farmland by means of mechanical tools.

c) Labling the land with volteus: Investing the soil of the most superficial layer of the cultivated soil with the aid of plows, putting a part of the land of a lower stratum in a higher stratum.

They are considered to be labors with volteus, among others, with code plough, vernetes, plows of the area, and plows of defonde discs.

d) Margins: the land that borders the channels.

(e) topographical particularities or landscape elements: those characteristics of the terrain such as hedgerows, isolated trees, in rows and in groups, lindes, charcas, lagoons, ponds and natural berets, islands and enclaves of natural vegetation or rock, retention terraces and, where the autonomous community so determines, majanos, small constructions such as dry stone murettes, old palomars or other elements of traditional architecture that may serve as shelter for flora and fauna, with the exception of those buildings that could pose some health risk to the livestock herd or wildlife.

In this sense, it is considered hedge: dense and uniform alignment of shrubs used to fence, delimit or cover areas and land; lindes: stable terrain band that runs parallel to the limit of the agricultural plot and the physically separate; and retaining terraces: dry stone pews, ribazos provided with herbaceous, bushy or tree-lined vegetation, terraces and contour ditches in the case of working at level and live plant barriers perpendicular to the slope which, by controlling the runoff, protects the soil from erosion.

f) Pending: the average slope of the land calculated in a SIGPAC enclosure from a digital elevation model.

g) SIGPAC enclosure: a continuous area of land, geographically delimited, within a plot with a unique and unique alphanumeric reference of those defined within the geographical information system of parcels agricultural (SIGPAC).

h) Land Refining: those conditioning operations of the soil surface of the pews and irrigated lands, aimed at improving the efficiency of water use and facilitating the practice of irrigation, carried out on plots of crops in which irrigation methods are used by gravity, by surface and by flooding.

i) Ribera: side girdles of public channels located above the low water level.

j) Forest areas: area of reference plots or enclosures with forest use (FO) in SIGPAC.

Article 3. Obligations of the beneficiaries of certain aid in respect of cross-compliance.

The beneficiaries referred to in Article 1 shall comply with the cross-compliance rules set out in Annex I to this royal decree and the rules on good agricultural and environmental conditions of the land. established at national level, as defined in Annex II, as well as what is laid down in the autonomous rules for the development of these obligations.

Article 4. Permanent pasture.

For the year 2015, cross-compliance rules will also include the maintenance of permanent pasture.

The farmer or farmer holder of areas under permanent pasture shall comply with the requirements laid down in the European Union legislation, as well as those which, where appropriate, lay down the autonomous communities, to prevent a significant reduction in the total area of permanent pasture.

For this purpose, if the ratio between the area declared under permanent pasture, before the application of the rate of eligibility for pasture defined in Royal Decree 1077/2014 of 19 December 2014, for which the the geographical information system for agricultural parcels, and the total agricultural area, has decreased at national level in 2014 by more than 5%, with respect to the reference ratio established in accordance with Article 3.4 of Regulation (EC) No Regulation (EC) No 1122/2009 of the Commission of 30 November 2009 laying down detailed rules for the development of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated management and control system in the direct support schemes for farmers established by that Regulation, and rules for the development of the Council Regulation (EC) No 1234/2007 as regards cross-compliance in the aid scheme established for the wine sector, beneficiaries who in 2015 apply for aid under the direct payment schemes shall apply for authorisation to convert the land under permanent pasture, with the exceptions provided for in the Article 37 (2) of Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the integrated management and control system and the the conditions for the refusal or withdrawal of payments and the administrative penalties applicable to direct payments, support for rural development and cross-compliance.

In the event that the obligation referred to in Article 3.2 of Commission Regulation (EC) No 1122/2009 of 30 November 2009, that is to say, that the proportion in 2014 has decreased in 2014, cannot be met in 2014. more than 10%, in addition to the previous obligation, beneficiaries who have converted permanent pasture to areas dedicated to other uses and who apply for assistance under any of the direct payment schemes in 2015, shall reconvert land under permanent pasture, subject to the conditions laid down in Article 37.3 of the Regulation Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014.

The two obligations mentioned above will apply only in 2015.

Article 5. Coordination and control of cross-compliance.

1. The Spanish Agricultural Guarantee Fund (FEGA), under the Ministry of Agriculture, Food and the Environment, will be the national authority responsible for the system of coordination of cross-compliance controls, in the sense of the Article 7.4 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

2. The competent bodies of the autonomous communities, as responsible authorities in their territorial area of the control activities, shall designate the appropriate specialized control bodies to ensure compliance with the rules of the cross-compliance referred to in Article 3 of this royal decree.

In accordance with Article 67.2 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014, the paying agency may also be designated to carry out checks on all or some of the requirements, rules, acts or areas of cross-compliance provided that the respective autonomous community ensures that the effectiveness of the controls is at least equal to that achieved when the controls are carried out by a specialised body or body control.

3. The competent authorities for the calculation of the reductions and exclusions referred to in Article 8 shall be the paying agencies of the autonomous communities.

Article 6. Control system.

1. The competent authorities of the autonomous communities shall communicate to the FEGA the specialised control bodies or, where appropriate, the paying agencies which shall exercise that function.

The paying agency responsible for payment of the aid shall communicate to the specialized control bodies in the territorial area in which the holdings are located, the information necessary for the farmers applying for the aid. any of the aid referred to in Article 1 of this royal decree, in order to enable them to carry out the relevant checks.

2. The autonomous communities may carry out administrative checks on the files relating to the beneficiaries to which this royal decree applies, in particular those already laid down in the control systems applicable the requirement, rule, act or scope of the respective cross-compliance, where appropriate methods exist for this, as provided for in Article 96.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

3. The methods to be applied for the selection of the control samples on the ground shall be in accordance with Article 69 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014.

4. With regard to the rules and requirements of the cross-compliance of which it is responsible, the specialised control body or, where appropriate, the paying agency, shall carry out on-the-spot checks on at least one per cent of the beneficiaries referred to in Article 1.

In the case of producer groups referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013, each member of these groups may be considered as as a beneficiary for the purposes of calculating the control sample as specified in the first paragraph.

However, the minimum sample of 1% of beneficiaries to be monitored on the spot can be selected separately from each of the following stocks which have cross-compliance obligations under the Article 92 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013:

(a) Beneficiaries receiving direct payments under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013.

(b) The beneficiaries of the aid provided for in Articles 46 and 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(c) The beneficiaries receiving the annual premium in accordance with Articles 21.1 (a) and (b), 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013.

The minimum control percentage may be achieved within the scope of each specialised control body, or in the field of each act or standard, or group of acts or rules. In cases where the controls are not carried out by the paying agency, this minimum percentage of control, however, can be achieved within the scope of this body.

Where the legislation applicable to acts and rules already sets minimum control rates, those percentages shall be applied instead of the minimum percentage mentioned. Alternatively, it may be decided that any case of non-compliance detected in the course of an on-the-spot check provided for in the legislation applicable to acts and standards, which are carried out outside the sample referred to in the paragraph first, it shall be communicated and shall be followed by the specialised agency for the control of the act or the rule in question.

As regards the obligations of cross-compliance in relation to Royal Decree 2178/2004 of 12 November 2004 prohibiting the use of certain substances having a hormonal or thyrostatic action and substances beta-agonists of use in livestock farming, the application of the specific sampling scope of the surveillance plans, is considered sufficient to meet the minimum percentage requirement referred to in the first subparagraph.

5. By way of derogation from paragraph 4, in order to achieve the minimum control percentage in the field of each act or standard, or group of acts or rules, they may be:

(a) use the results of the on-the-spot checks carried out in accordance with the legislation applicable to the acts and standards for the selected beneficiaries, or

(b) replace the beneficiaries selected by the beneficiaries subject to on-the-spot checks carried out in accordance with the legislation applicable to the acts and the rules, provided that they are beneficiaries of the referred to in Article 1

In such cases, on-the-spot checks shall cover all aspects of the relevant acts or standards as defined in the cross-compliance and the effectiveness of such controls should be at least equal to that achieved when the on-the-spot checks are carried out by the specialised control bodies.

6. The characteristics and extent of the checks shall be in accordance with Article 71 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014.

7. The on-the-spot checks carried out shall be the subject of a control report or report which shall take account of the results of the inspection visit and which shall be in accordance with Article 72 of Implementing Regulation (EU) No 809/2014. Commission of the European Parliament of 17 July 2014. The farmer shall be informed of any non-compliance observed within three months of the date of the on-the-spot check.

8. Where on-the-spot checks, carried out during a marketing year, result in a significant degree of non-compliance in a given act or standard, the following control period shall increase the number of on-the-spot checks to be carried out. (a) to be carried out for that act or standard, as provided for in Article 68.4 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014. Within a specific act, the competent control authority may limit the scope of these on-the-spot checks to the most frequently infringed requirements.

9. If the competent control authority is not the paying agency, the control report and, where requested, the relevant supporting documentation, shall be sent or made available to the paying agency or the coordinating authority within a month after completion.

Where the report does not contain any findings, it may not be sent, provided it is directly accessible, including by electronic means, to the paying agency or the coordination authority within the maximum period of one month. after completion.

Article 7. Control plans.

1. The FEGA, in collaboration with the Autonomous Communities, shall draw up a national plan for cross-compliance checks, in which any aspect deemed necessary for the coordinated implementation of the on-the-spot and on-the-spot checks shall be collected. the administrative checks. This plan shall be drawn up in accordance with the criteria specified in Community legislation and with the rules laid down in Article 6 of this royal decree.

2. The autonomic control plans, adjusted to the general criteria of the national plan, shall be communicated to the FEGA within a maximum of one month of their approval.

Article 8. Application of penalties.

1. In accordance with Article 91 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, where a beneficiary of those referred to in Article 1 of this Royal Decree fails to fulfil obligations of cross-compliance provided for in Article 3, at any time of a given calendar year and the non-compliance in question is directly attributable to the beneficiary who submitted the aid application or the application for payment in that year, apply a penalty.

Such a penalty shall be applied by reducing or excluding the total amount of the payments set out in Article 1, granted or by granting to such beneficiary, in respect of the aid applications it has submitted or submitted, in the course of the calendar year in which the non-compliance has been discovered.

The penalty shall apply only where the non-compliance is the result of an action or omission directly attributable to the beneficiary and is also related to the agricultural activity of the beneficiary or affects the area of its exploitation.

This penalty shall not apply where the non-compliance concerns forest areas, for which no aid has been requested in accordance with Articles 21.1 (a), 30 and 34 of Regulation (EU) No 1305/2013, of the European Parliament and of the Council of 17 December 2013.

The first subparagraph shall apply, in the corresponding terms, to beneficiaries who have failed to fulfil cross-compliance obligations, at any time for a period of three years from 1 January of the year following the calendar year in which the first payment was made, in the framework of the programmes to support the restructuring and conversion of vineyards, or at any time for one year from 1 January of the year following the calendar year in which the payment has been made in the context of the green harvest support programmes referred to in the Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

The calculation and application of penalties shall be in accordance with Articles 39 and 40 of Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 and Articles 73, 74 and 75 of the Regulation of the European Parliament and of the Council of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014.

2. In cases where the land is transferred during the calendar year or years in question, paragraph 1 shall also apply where the non-compliance in question results from an act or omission which can be directly attributed to the person to whom the land was transferred or transferred. However, where the person to whom the act or omission can be directly attributed has submitted an application for aid or a payment application in the calendar year or in the years in question, the penalty shall be applied on the basis of the total amounts of the payments, granted or to be granted to that person.

3. For the purposes of the second subparagraph of Article 99 (2) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, the autonomous community may establish a rapid alert system to be applied, in duly justified cases, non-compliance with minor gravity which has no impact outside the holding and which do not result in effects or the length of stay of the holding is less than one year, which shall not result in a reduction or exclusion. Cases of non-compliance involving direct risks to public health or animal health will always lead to a reduction or exclusion.

In any event, within three months of the date of the on-the-spot check, the farmer shall be informed of the non-compliance and of the obligation to take corrective action unless he has adopted them. immediately. If a subsequent check, within a consecutive period of three calendar years, establishes that the non-compliance has not been remedied within the prescribed period, fixed by the competent authority and may not extend beyond the end of the year following the year in which the verification was carried out, a reduction of at least 1% shall be applied retroactively in respect of the year of the detection of the non-compliance in which the early warning system was applied. The calculation of the penalty shall take into account the reiteration of the non-compliance in the year in which the subsequent control has been carried out. However, a non-compliance which has been corrected by the beneficiary within the time limit shall not be deemed to be a non-compliance for the purposes of reiteration.

4. 25% of the amounts resulting from reductions made for non-compliance with cross-compliance, pursuant to Article 100 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, shall correspond to the autonomous communities in proportion to the amounts retained in each of them.

5. Pursuant to Article 66 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 on the payment of aid in respect of cross-compliance checks, where such controls cannot be carried out, to be concluded before the payment of the annual aid and premiums referred to in Article 92 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013, the amount to be paid by the beneficiary as the result of the penalty shall be recovered in accordance with Article 7 of the Implementing Regulation (EU) No Commission Regulation (EC) No 809/2014 of 17 July 2014 on the recovery of undue payments, or by way of compensation ("offsetting") .

Article 9. Coordination and communications between public administrations.

1. The FEGA, as a coordinating body for paying agencies, shall receive the information provided for in Article 9 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014, of which it shall transfer the European Commission.

2. In order to be able to comply with Article 9.1 (b) of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014, the autonomous communities shall forward to the FEGA by 30 June a report within the prescribed time-limits. corresponding to the previous year, which collects the results of the cross-compliance controls, including the reductions and exclusions applied.

3. In order to enable compliance with the provisions of paragraph 2 of Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014, the autonomous communities shall forward to the FEGA by 15 June 2015 a report with the following options: chosen for the control of the requirements and standards and the specialised control bodies responsible for cross-compliance controls. Subsequent amendments to this information shall be communicated to the FEGA, to inform the Commission without delay.

Single additional disposition. Containment of the expense.

The measures included in this standard will be met with the existing budget allocations, and will not be able to increase allocations or pay or other personnel costs.

Single repeal provision. Regulatory repeal.

Royal Decree 486/2009 of 3 April 2009 laying down the statutory management requirements and the good agricultural and environmental conditions to be met by farmers receiving direct payments in the the common agricultural policy, the beneficiaries of certain rural development aid, and the farmers receiving aid under the restructuring and conversion support programmes and the grubbing-up premium for the vineyard.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which reserves the State the competence in terms of bases and coordination of the general planning of the activity economic.

Final disposition second. Development and modification faculty.

1. The Minister for Agriculture, Food and the Environment is empowered to amend the dates referred to in Article 9.

2. Furthermore, without prejudice to the application of this royal decree, the Minister for Agriculture, Food and the Environment is empowered to lay down, where appropriate, the specific provisions for the application and adaptation of the system of cross-compliance. the specific characteristics of the Autonomous Community of the Canary Islands.

Final disposition third. Entry into force.

This royal decree will enter into force on January 1, 2015.

Given in Madrid, on December 19, 2014.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Legal Management Requirements

Environment, climate change, good agricultural conditions of the land.

Zant_table_izq"> Biodiversity.

Scope

Main Appearance

Requirements

National reference

Water.

RLG 1

Directive 91 /676/EEC of the Council of 12 December 1991 on the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1)

Articles 4 and 5: Compliance with the measures laid down in the action programmes, in agricultural and livestock farms located in areas declared by the Autonomous Community as zones vulnerable.

Royal Decree 261/1996, of 16 February, on protection of waters against pollution caused by nitrates from agricultural sources

RLG 2

Directive 2009 /147/EC, of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7.

Article 3 (1), Article 3 (2) (b) and Article 4 (1), (2) and (4). Preserve the spaces that constitute the natural habitats of migratory, threatened and endangered bird species.

Law 42/2007, of December 13, of Natural Heritage and the Biodiversity.

Royal Decree 1997/1995, of 7 December, establishing measures to help ensure biodiversity through the conservation of natural habitats and wildlife wild

the conservation of natural habitats and of wild fauna and flora

OJ L 206, 22.7.1992, p. 7)

Article 6, paragraphs 1 and 2: Conservation of habitats and species of the Natura 2000 Network.

Law 42/2007, of December 13, of Natural Heritage and the Biodiversity.

Royal Decree 1997/1995, of 7 December, establishing measures to help ensure biodiversity through the conservation of natural habitats and wildlife wild.

Health, Animal Health, and Plant health.

Food security.

RLG 4

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ 2002 L 31, 1.2.2002, p. 1).

Articles 14 and 15, Article 17, paragraph 1 *, and Articles 18, 19, and 20.

Art. 14: Products from the holding intended to be marketed as food must be safe.

Art. 15: Check that livestock farms for food production do not exist or are given to animal feed that is not safe.

Art. 17 (1) (*): Hygiene of food and feed products (developed by Regulations (EC) No 852/2004 and 183/2005, and hygiene of products of animal origin (developed by Regulation (EC) No 853/2004)

The_table_table_izq"> Art. 18: Traceability. Identification of operators who have supplied to a holding feed, food, animals for food production, or substances intended for incorporation into a feed or food and identification of the operators to which the You have supplied your products.

Art. 19 and 20: Responsibilities of feed/food business operators.

Royal Decree 821/2008 of 16 May 2008 governing the conditions for the application of Community legislation in the field of animal health feed hygiene and the general registration of establishments in the animal feed sector is established as regards the obligations arising from the specific Community legislation.

Decree 1311/2012 of 14 September 2012 establishing the framework for action to achieve a use sustainable plant protection products.

Order APA/326/2007 of 9 February laying down the obligations of holders of agricultural and forestry holdings in the field of information recording on the use of plant protection products

RLG 5

Council Directive 96 /22/EC of 29 April 1996, prohibiting the use of certain substances of hormonal and thyrostatic effects and beta-agonists in livestock farming (OJ L 125, 23.5.1996, p.3).

Article 3 (a), (b), (d) and (e) and Articles 4, 5 and 7; Check that there is no exploitation, unless there is information, substances which are not authorised, do not administer such substances to animals (with the exception of exceptions for zootechnical or therapeutic treatments) and do not market animals to which unauthorised substances or products have been supplied to them and in the case for the administration of authorised products which has been met with the time limit prescribed for those products.

Royal Decree 2178/2004 of 12 November prohibiting the use of certain substances having a hormonal or thyrostatic action and beta-agonists of use in breeding livestock

Identification and registration of animals.

RLG 6

Articles 3, 4, and 5.

Art. 3: Registration of pig holdings by Member States.

Art. 4: Conditions of records of holdings of animals of the porcine species.

Art. 5: Requirements for identification and movement of animals of the porcine species.

Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of animals of the bovine, porcine, ovine and caprine species.

Royal Decree 479/2004 of 26 March establishing and regulating the General Register of livestock holdings.

Royal Decree 728/2007 of 13 June establishing and regulating the general register of movements of livestock and The General Register of Individual Animal Identification, modified by:

RLG 7

Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and for the labelling of beef and veal products (OJ L 204, 11.8.2000, p. 1)

Articles 4 and 7.

Art. 4: Requirements and conditions for the eartag of the bovine species.

Art. 7: Requirements and conditions of the passport and the registration of bovine animals.

Royal Decree 1980/1998 of 18 September establishing a system for the identification and registration of bovine animals. the bovine animals.

Royal Decree 479/2004 of 26 March establishing and regulating the General Register of livestock holdings.

Royal Decree 728/2007, 13 of June, for which the general register of livestock movements and the Register is established and regulated general animal identification, as amended by:

Order ARM/687/2009 of 11 March, amending Annex XI to Royal Decree 728/2007

RLG 8

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing an identification and registration system for ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64 /432/EEC. (OJ L 5, 9.1.2004, p. 8)

Articles 3, 4 and 5: Check the correct identification and registration of ovine and caprine cattle.

Royal Decree 479/2004, of March 26, for which you establishes and regulates the General Register of livestock holdings.

Royal Decree 685/2013 of 16 September establishing a system for the identification and registration of ovine and caprine animals caprina.

Royal Decree 728/2007 of 13 June establishing and regulating the general register of livestock movements and the General Register of individual identification of animals

Animal diseases.

RLG 9

Regulation (EC) No 999/2001, of the European Parliament and of the Council of 22 May 2001 laying down provisions for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1)

Articles 7, 11, 12, 13, and 15.

Art. 7: Respect animal feed bans.

Art. 11: Compliance with the notification of transmissible spongiform encephalopathies.

Art. 12: Adoption of measures concerning suspect animals.

Art. 13: Adoption of the measures resulting from the confirmation of the presence of transmissible spongiform encephalopathies.

Art. 15: Puesta on the market of live animals, sperm, their eggs and embryos.

Law 8/2003, of April 24, of animal health: regarding the obligations arising from the provisions of the specific community regulations

Plant protection products.

RLG 10

Plant protection products will be properly used.

Proper use will include the application of the principles of good plant health practices and the compliance with the conditions laid down in the marketing authorisation for the plant protection product and specified on the label.

Law 43/2002 of 20 November on plant health in the concerning the obligations arising out of the provisions of Community legislation specifies.

Welfare.

Animal Welfare.

RLG 11

Articles 3 and 4: Conditions for calf and breeding farms.

Law 32/2007, of 7 November, for the care of animals, on their exploitation, transport, experimentation and slaughter: as regards the obligations arising from the provisions of the specific Community legislation.

Royal Decree 1047/1994 of 20 May 1994 on the minimum standards for the protection of calves

RLG 12

Council Directive 2008 /120/EC of 18 December 2008 on minimum standards for the protection of pigs (OJ 2008 L 47, p. 18.2.2009, p.5)

Articles 3 and 4: Conditions for pig holdings and breeding.

Law 32/2007 of 7 November for the care of animals, on their holding, transport, experimentation and slaughter: as regards the obligations arising from the provisions of the specific Community legislation.

Royal Decree 1135/2002 of 31 October on minimum standards for the protection of pigs

RLG 13

Council Directive 98 /58/EC of 20 July 1998 on the protection of animals on farms livestock (OJ L 221, 8.8.1998, p. 23)

Article 4: Animal husbandry and maintenance conditions.

Law 32/2007, of 7 November, for the care of animals, on their holding, transport, experimentation and slaughter: as regards the obligations arising from the provisions of the specific Community legislation.

Royal Decree 348/2000 of 10 March, incorporating the Directive 98 /58/EC on the protection of animals on holdings livestock

* In their application, in particular, by virtue of:

-Article 14 of R. 470/2009 and Annex of R. 37/2010.

-Regulation (EC) No 852/2004: Article 4 (1) and Annex 1, Part A [11.4 (g), (h), (j); 5 (f) and (h); 6; 111.8 (a), (b), (d) and (e); 9 (a) and (c)]

-Regulation (EC) No 853/2004: Article 3 (1) and Annex III, Section IX, Chapter 1 [1.1 (b), (c), (d) and (e); 1.2 (a) (i), (ii), (iii), (b), (i) and (ii), and (c); 1.3; 1.4; 1.5; II.A, numbers 1, 2, 3, 4; II.B, 1 (a) and (d); 2, 4 (a) and (b)], Annex III, Section X, Chapter 1.1.

-Regulation (EC) No 183/2005: Article 5 (1) and Annex 1, Part A [1.4 (e) and (g); (b) and (e) (b) and (e)); Article 5 (5) and Annex III, numbers 1 and 2; Article 5 (6

.

-Regulation (EC) No 396/2005: Article 18.

ANNEX II

Good Agricultural and Environmental Conditions of the Land

AREA OF ENVIRONMENT, CLIMATE CHANGE AND GOOD AGRICULTURAL CONDITION OF THE EARTH.

1. MAIN ASPECT: WATER

BCAM 1. Creation of protection strips on the banks of the rivers.

In the margins of rivers, lakes, and lagoons, considered from the bank, fertilizers cannot be applied in a strip whose width will be the collection in the Code of Good Agricultural Practices of the autonomous community. In addition, the remaining requirements concerning the conditions for the application of fertilizers to land near watercourses referred to in point A4 of Annex II to Council Directive 91 /676/EEC shall be respected, where appropriate, in those areas. of 12 December 1991 on the protection of waters against pollution caused by nitrates used in agriculture.

For the purposes of the preceding paragraph, the definition of fertilizers in Article 2 (e) of Council Directive 91 /676/EEC of 12 December 1991 shall be considered. Autonomous communities may also consider, in their territorial area, other channels or bodies of water, in particular wetlands, taking into account their agroclimatic and soil characteristics.

In the same way, plant protection products cannot be applied on the margins referred to in a 5-meter-wide strip without prejudice to a further limitation on the label of such products.

These protection strips shall be located in or adjacent to the agricultural parcel so that their long edges are parallel to the edge of the flow or mass of water, and may be made up of riverside vegetation.

In the protective strip in which no fertilizers will be applied, there will be no agricultural production, except in the case of woody crops that are already implanted, since the start could decrease the protection of the margins. The planting of wild flora, grazing or mowing may be permitted, provided that the protection strip remains distinguishable from the agricultural land adjacent to it.

In such areas, the autonomous communities may allow, if necessary, the performance of surface maintenance tasks to prevent the proliferation of pests and diseases that constitute a health risk for the adjacent crops.

Autonomous communities may exempt from compliance with this BCM 1, certain crops with special characteristics or located in specific locations, and should base their decision.

Imagen: img/disp/2014/307/13259_001.png

BCAM 2. Compliance with water use authorization processes for irrigation.

For irrigated areas the farmer must credit his right of use of irrigation water granted by the competent hydraulic administration.

BCAM 3. Protection of groundwater against pollution: prohibition of direct discharges into groundwater and measures to prevent the indirect pollution of groundwater by means of dumping on the ground and filtration to the soil of dangerous substances, as listed in the Annex to Directive 80 /68/EEC of the Council of 17 December 1979 on the protection of groundwater against pollution caused by certain substances dangerous, in its version in force on its last day of validity, to the extent that it is related with the agricultural activity.

The substances listed in List I of Directive 80 /68/EEC, of the Council of 17 December 1979 (Halogenated Organ Compounds and substances which may originate compounds) shall not be directly or indirectly covered by farmers. similar in the aquatic environment, phosphorated organ compounds, organic tin compounds, substances having carcinogenic, mutagenic or teratogenic power in or through the aquatic environment, mercury and compounds of mercury, cadmium and Cadmium compounds, mineral oils and hydrocarbons and cyanides).

Farmers shall not be allowed to obtain, directly or indirectly, the substances listed in List II of Directive 80 /68/EEC of the Council of 17 December 1979 (metalloids, certain metals and their products) in the form of direct or indirect approval. Compounds, biocidal products and their derivatives not listed in List I, substances having a detrimental effect on the taste and/or smell of groundwater, as well as compounds which may cause such substances in the waters, by returning them not suitable for human consumption, organic compounds of toxic or persistent silicon and substances which may originate such compounds in the waters, except those which are biologically harmless or which are rapidly transformed into the water into harmless substances, inorganic compounds of elemental phosphorus, fluorides, ammonia and nitrites.

2. MAIN ASPECT: SOIL AND CARBON STOCK

BCAM 4. Minimum floor coverage.

Arable Crops. In the agricultural areas of secano that are planted with herbaceous winter crops, the soil shall not be tilled, between the date of harvest of the previous harvest and 1 September, date which is set as the reference of the beginning of the chair.

However, in order to favor the implantation of the plant cover with arable crops and for agronomic reasons, such as double harvests, climate and soil typology, it will be possible to establish in certain areas starting dates (i) more adapted to their local conditions, as well as appropriate techniques for working, filtering of standing water and incorporation of organic matter for fertilisation purposes.

Woody crops. In the case of woody crops in slope equal to or greater than 15%, unless the actual slope of the enclosure is compensated by terraces or benches, it is necessary to maintain a minimum width of 1 metre in the streets transverse to the line of maximum slope or on the streets parallel to that line, when the design of the parcel or the irrigation system prevents its establishment in the other direction.

However, at the time when it can compete with the crop or make it impossible to harvest, the cover can be removed by chemical or mechanical methods, and can be incorporated by a superficial work, respecting in any case as set out in the section on woody crops of BCM 5.

The provisions of the preceding paragraph shall not apply in the case of plots of cultivation of a surface equal to or less than one hectare, in the case of irregular or elongated plots of cultivation whose minimum size is in the sense of Transverse to the slope is less than 100 meters at any point of the plot and when, for reasons of maintenance of the traditional productive activity are determined and authorized by the competent administration those techniques of agriculture of conservation that are considered appropriate.

In agricultural parcels which are included in the areas of forest influence, the autonomous communities may lay down the obligation to carve a perimeter strip of the width necessary to serve as Firewall.

No foot of woody crops located in enclosures of a slope equal to or greater than 15 per cent shall not be started, except in areas where this is established and is the subject of replacement authorised by the authority. competent.

In such cases, the rules for their cultural and varietal reconversion and changes in cultivation or exploitation must be respected.

The above paragraphs shall not apply when the actual slope of the enclosure is compensated by terraces or benches.

Fallow land and land without cultivation. Traditional cultivation practices, minimum working practices, or a suitable plant cover shall be carried out either spontaneously or by planting of the best species.

The plots in which the agricultural activity is not carried out must be maintained in accordance with the local regulatory standards of that situation.

BCAM 5. Minimum land management that reflects local specific conditions to limit erosion.

Arable Crops. On surfaces intended for arable crops, the land must not be tilled in the direction of the maximum slope when, in the cultivated areas, the slope is equal to or greater than 15%, except that the actual slope of the enclosure is compensated by terraces or benches. The autonomous communities may set lower limits according to their topographical particularities.

Woody crops. In woody crops, land in enclosures with slopes equal to or greater than 15 per cent shall not be tilled in favour of the slope, unless the actual slope of the enclosure is compensated by terraces or benches, forms are adopted. Special crops such as girdles, minimum working or conservation practices, or a cover for total vegetation of the soil. In the event of the existence of seats, it will be mandatory to avoid any kind of work that affects the structure of the existing slopes. The autonomous communities may set lower limits according to their topographical particularities.

The provisions of the preceding paragraphs shall not apply in the case of plots of crop of a surface equal to or less than one hectare, in the case of irregular or elongated plots of cultivation whose minimum size is Transverse direction to the slope is less than 100 meters at any point in the plot and when, for reasons of maintenance of the traditional productive activity are determined and authorized by the competent administration those techniques conservation agriculture that is considered appropriate. In all cases, the cultivation will be done as quickly as possible to prevent soil from being affected by erosion.

BCAM 6. Maintenance of the level of organic matter in the soil through appropriate practices, including the prohibition of burning of stubble, except for phytosanitary reasons.

No stubble may be burned at all national level unless, for plant health reasons, the burning is authorised by the competent authority, in which case it shall be subject to compliance with the rules laid down in fire prevention, and in particular those relating to the minimum width of a perimeter strip when the land is adjacent to forest land.

When the harvest remains of arable crops and the pruning of woody crops are to be eliminated, in accordance with the rules laid down.

3. MAIN ASPECT: LANDSCAPE, MINIMUM MAINTENANCE LEVEL

BCAM 7. Maintenance of the topographical features and prohibition of cutting edges and trees during the breeding and breeding season of birds.

An alteration of the topographical particularities or landscape elements defined in Article 2 of this royal decree shall not be effected except in the case of the express authorisation of the competent authority.

However, taking into account that the protected landscape elements form part of the eligible area of the agricultural parcel in which they are located, it is considered necessary to define the framework for the application and control of the landscape. rule for certain elements, with the following ceilings being established, which the autonomous communities may modify in a justified manner, taking into account their regional or local landscape features, and possible specific cases.

-Sets of a width of up to 10 m.

-Trees in groups that occupy a maximum surface area of 0.3 ha.

-Lindes a width of up to 10 meters.

-Charcas, lagoons, ponds and natural abbres up to a maximum of 0.1 ha. Cement or plastic deposits shall not be considered.

-Islands and enclaves of natural vegetation or rock: up to a maximum of 0.1 ha.

-Terraces of a width, in horizontal projection, of up to 10 meters.

Imagen: img/disp/2014/307/13259_002.png

However, it is prohibited to cut both hedgerows and trees during the breeding and breeding season of the birds, except for the express authorisation of the environmental authority. The period from March to July shall be taken as a reference, which may be modified in a justified manner by the Autonomous Communities.

Except for the obligation laid down in the first paragraph, the construction of stops for the correction of ramblas, reguers and benches, as well as the operations of the refining of land to be carried out on those plots go to the cultivation of rice and other irrigated crops.