Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 1308/2013, 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007, and Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards the support programmes, trade with third countries, productive potential and controls in the sector The provisions on support programmes which the Member States are required to submit to the Commission are laid down.

The first support program for the Spanish wine sector was applied in Spain between the financial years 2009 to 2013, through Royal Decree 244/2009, of February 27, for the implementation of the measures of the program of support to the sector The Commission has proposed that the Commission should be able to take the necessary steps to ensure that it is able to use its own resources to ensure that it is able to use its own resources. byproducts.

Also, Royal Decree 1547/2011 of 31 October, which regulates the measure of investments in the wine sector support programme, established the rules applicable to the measure of investments from 2012, under the Spanish wine sector support programme 2009-2013.

Royal Decree 548/2013 of 19 July 2013 for the implementation of the measures of the 2014-2018 support programme for the Spanish wine sector, included the set of provisions implementing the support programme for the sector Spanish wine for the implementation of the second Five Year Support Programme presented by Spain to the European Commission for the period 2014 to 2018, continuation of the previous one, of which it is worth noting as new that those measures are eliminated included in the first five-year period for which the period of application of the Union legislation European ended in 2012, as are the distillation of alcohol for the use of mouth and the distillation of crisis, and are included modifications in the conditions of application of the measures of promotion and of restructuring and conversion of vineyards result amendments to Commission Regulation (EC) No 555/2008 of 27 June 2008 operated by Commission Implementing Regulation (EU) No 568/2012 of 28 June 2012 and Implementing Regulation (EU) No 202/2013 of the European Parliament and of the Council of 27 June 2013 on the Commission of 8 March 2013. Consequently, once the validity of the first support programme 2009-2013 expired and considering the modifications indicated, the aforementioned Royal Decrees 244/2009, of 27 February, and 1547/2011, of 31 October, were repealed.

Subsequently, Royal Decree 548/2013 of 19 July 2013 has been amended by Royal Decree 549/2014 of 24 June to include the new provisions on advances in the averages of the national support programmes, Commission Implementing Regulation (EU) No 752/2013 of 31 July 2013 amending Regulation (EC) No 752/2013 as amended by Regulation (EC) No 555/2008

In the framework of the reform of the Common Agricultural Policy (CAP) of 2013, Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets is hereby established. of agricultural products and repealing, inter alia, Regulation (EC) No 1234/2007. The new regulation includes new measures and eligible sub-measures that can be incorporated into the respective National Support Programmes. This royal decree takes the form of a new one with respect to Royal Decree 548/2013 of 19 July 2013, the provisions implementing the new additions to the Support Programme for the period 2014 to 2018, the sub-measure of replanting after grubbing-up. mandatory for health or plant health reasons and the measure of innovation; in addition to the green harvesting measure, which is incorporated into the Programme in view of the need for a preventive instrument for possible situations of imbalance market.

Thus, the new regulation of common organization of the market includes the possibility of financing under the measure of restructuring and reconversion of vineyards, the replanting of vineyards in the case of compulsory grubbing-up produced by sanitary or phytosanitary reasons on the order of a competent authority of the Member State. It is therefore necessary to fix the conditions under which that activity may be applied in Spain.

In addition, this regulation includes the possibility of incorporating the new innovation measure into the support programme, which provides for aid for tangible or intangible investments for the transfer of knowledge or for preparatory operations or pilot studies for the development of new products related to the wine sector or by-products of wine or new procedures and technologies. For the application of this new measure is incorporated in the royal decree a new section.

Finally, given the possibility offered by this regulation, in this royal decree the requirements and conditions of financing in Spain of the harvest measure in green are established, which will be activated by the Ministry of Agriculture, Food and the Environment, on the justified request of one or more autonomous communities, in the event of a market imbalance.

This royal decree is also dictated by Law 24/2003 of July 10, of the Wine and Wine, the object of which is the basic ordination, within the framework of the rules of the European Union, of the vineyard and of the wine, as well as its designation, presentation, promotion and advertising.

In the elaboration of this royal decree, the autonomous communities have been consulted, as well as the most representative entities in the sectors affected.

In its virtue, on the proposal of the Minister of Agriculture, Food and the 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:

CHAPTER I

General provisions

Article 1. Object and scope of application.

This royal decree aims to establish the basic regulation applicable to the following measures included in the Spanish wine sector Support Programme 2014-2018, presented by the Kingdom of Spain to the European Commission in accordance with the provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing the Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007, and in the Regulation (EC) Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards support programmes, trade with third countries, the production potential and the controls in the wine sector:

a) Promotion of markets in third countries.

b) Restructuring and reconversion of vineyards.

c) Removing by-products.

d) Investments.

e) Innovation.

f) Harvest in green.

Article 2. Definitions.

For the purposes of the application of this royal decree, the following definitions shall apply:

(a) Competent Authority: the competent authority of the autonomous community, for the processing, resolution and payment of the aid referred to in this royal decree, in its territorial scope, and the Spanish Agricultural Guarantee Fund, paying agency for the processing, control and payment of the aid referred to in this royal decree at national level. This definition shall not be used for the purposes of the competent authority which has to establish the mandatory starting requirement for sanitary or phytosanitary reasons.

b) Authorized Destiler: any person or group of persons who:

1. Destile wines, fortified wines, by-products of winemaking or any other processing of grapes, and

2. This is authorised by the competent authorities to act within the framework of Article 52 of Regulation (EU) No 1308 of the European Parliament and of the Council of 17 December 2013.

3. º Figure duly registered in the territorial register referred to in Article 40 of the Special Tax Regulation, approved by Royal Decree 1165/1995 of 7 July.

(c) Holder of the vineyard: the person, or group of persons, irrespective of the legal form of the group or its members, which has the planting or replanting rights on the crop, either as a result of a property right, or because it has any other right of disposition on the crop.

(d) Owner: the person or group of persons regardless of the legal form of the group or its members, which holds the title of property on the plot where the vineyard is located.

(e) Viticultor or Cultivator: the person or group of persons, irrespective of the legal form of the group or its members which obtains the annual product of the vineyard either because it is the owner, or because it has been attributed a right of use on the vineyard situated in the national territory.

(f) vineyard parcela: the continuous area of land where a single viticultor cultivates the vine, formed by a set of enclosures with one or more alphanumeric references, represented graphically in the Information System Geographical area of agricultural land, hereinafter SIPPAC.

g) Producer: any person or group of persons, who has produced wine from fresh grapes, grape must, partially fermented grape must or new wine in the process of fermentation, obtained by themselves or purchased, as well as any person, or group of persons, who has by-products resulting from any processing of grapes other than wine-making. This definition shall not apply to investment and innovation measures.

(h) Programme: for the purposes of the market promotion measure of third countries, the set of coherent promotion actions to be developed in one or more third countries, the scope of which is sufficient, is considered to be a programme. to contribute to increasing the information on the products concerned and their marketing.

(i) Action: for the purposes of the promotion measure, action shall be taken to mean any of the information and promotion measures referred to in Article 45 (2) of Regulation (EU) No 1308 of the European Parliament and of the Council; of 17 December 2013, as set out in Annex I to this Royal Decree.

(j) Measure: for the purposes of restructuring and conversion aid, it is understood as a measure the set of operations designed to achieve the restructuring and conversion of a particular vineyard area.

k) Boot: the total elimination of all strains found on a vine-planted surface. This boot includes the removal of both the rootstock and the aerial part of the plant.

l) Operation: for the purposes of the investment and innovation measure, the operational unit, the functional unit of execution, with a defined budget and completion date within each EAGF financial year.

m) Wine enterprise: for the purposes of the promotion measure, it shall be understood as a wine company that produces and markets one of the products listed in Annex II to this royal decree.

n) Transformation: for the purposes of the investment measure, processing shall mean any action taken on grapes, must or wine resulting in a product listed in Annex VII, Part II of Regulation (EU) No 1308/2013 European Parliament and the Council of 17 December.

n) Marketing: for the purposes of the investment measure, the marketing, possession or exposure of the product for sale, delivery or any other form of placing on the market shall be understood.

or) Company: for the purposes of the investment and innovation measure, the enterprise definition in Article 1 of the Annex to Commission Recommendation 2003 /361/EC of 6 May 2003 shall apply.

p) Wine producer: for the purposes of investment and innovation measures, the term 'wine producer' means the undertaking which, under the same legal personality, carries out the activities of winegrowers and processing activities.

q) Wine products: for the purposes of investment and innovation measures, wine products referred to in Part II of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the European Parliament Council of 17 December and which have been produced in the Spanish territory.

r) Products related to wine products: for the purpose of the innovation measure, products related to wine products, the new products to be obtained when used in their products, will be understood the preparation as an ingredient of at least 60% of its composition one or more of the products listed in Annex VII, Part II to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and which have been produced in the territory

s) Development: for the purpose of the innovation measure, the development of the concrete application of the discoveries achieved until the commercial production is started.

t) Research and development centre: for the purpose of the innovation measure, an entity shall be considered as a research and development centre, irrespective of its legal status (public or private) whose main objective is to carry out research and development and the exploitation of the results of the research and development through the teaching, publication or transfer of technology.

u) intangible investment: Investment in assets linked to the transfer of technology through the acquisition of patent rights, licenses, know-how or unpatented technical knowledge.

CHAPTER II

Support measures

Section 1. Promotion in third country markets

Article 3. Scope of application.

In order to improve the competitiveness of Spanish wines, information and promotion measures in third countries of the products referred to in Article 6 may be financed from the budget of the Union. European under the conditions laid down in this Section.

Article 4. Types of actions and duration of programs.

1. The measure referred to in Article 45 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 may include any of the actions and activities listed in Annex I.

2. Such actions shall preferably be carried out within the framework of a programme as defined in Article 2 (h).

3. For each programming period, the programmes may have a maximum duration of three years per beneficiary and country. However, they may be extended for a period not exceeding two years, on request, in accordance with the provisions of Article 8.4.

Article 5. Beneficiaries.

1. They may submit applications for funding of promotion measures in third countries:

a) Wine companies.

(b) Producer organisations, associations of producer organisations and inter-branch organisations as defined in Articles 152, 156 and 157 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December, recognised by the Member State and between its aims, the development of initiatives in the field of the promotion and marketing of wine.

(c) The management bodies of protected designations of origin and protected geographical indications.

(d) The export associations and exporters ' associations, which are exclusively owned by companies in the wine sector.

e) Non-profit associative entities exclusively participated by companies in the wine sector, which have among their purposes the external promotion of wines.

f) The second or subsequent cooperatives that market wines produced by their associated cooperative wineries.

(g) In addition, and in the event of sufficient availability of budget after the approval of the programmes corresponding to the types of beneficiaries indicated above, the beneficiaries may also be considered as beneficiaries. public with legally established competence to develop actions to promote Spanish wines in third country markets.

2. Beneficiaries must demonstrate sufficient technical and financial capacity to meet the requirements of trade with third countries, and means to ensure that the measure is implemented as effectively as possible. They shall also ensure the availability, in quantity and quality, of products to ensure the response to the demands that may be generated as an effect of the promotion.

Article 6. Eligible products and countries.

1. Quality products, intended for direct consumption, detailed in Annex II, may be the subject of the promotion measures, with the possibility of export or new trade outlets in third countries and belonging to one of the of the following categories:

a) Wines with protected designation of origin.

b) Wines with protected geographical indication.

(c) Wines in which the wine grape variety is indicated.

2. They are considered eligible for promotion measures in all third countries, the priority being those referred to in Annex III.

Article 7. Characteristics of actions and programs.

1. The actions and programmes shall be clearly defined by specifying, the country or countries to which they are directed, the types of wines they include, the actions and activities to be carried out and the estimated costs of each of them.

2. The shares will be distributed over twelve-month periods, which will begin on June 1 of each year.

3. The messages shall be based on the intrinsic qualities of the product and shall comply with the rules applicable in the third countries to which they are intended.

4. In the case of wines with a geographical indication, the origin of the product shall be specified as part of the information and promotion campaign.

5. Without prejudice to paragraphs 3 and 4, references to marks may, where appropriate, be part of the message.

6. The collegiate body provided for in Article 19, in order to promote the consistency and effectiveness of the measure, may annually establish guidelines on information and promotion campaigns, which shall be governed by the provisions of this Section.

Article 8. Submission of requests.

1. The persons concerned who fulfil the conditions laid down in Article 5 shall submit their proposals for actions and programmes and the relevant documentation to the competent authority of the autonomous community where the registered office is located. of your company or organization, directly or through any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, before the February 15 of each year.

The electronic submission of the applications will also be accepted in accordance with the provisions of Law 11/2007 of 22 June, of electronic access of citizens to Public Services.

2. The national public bodies, for their part, will submit their applications to the Food Industry Directorate-General of the Ministry of Agriculture and Food, through the same means and under the conditions of the set out in paragraph 1.

3. The actions and programmes presented shall contain at least the information provided for in Annex IV and:

a) Meet the provisions in this section.

(b) To comply with European Union legislation on the products concerned and their marketing.

c) To reflect with sufficient detail all the necessary requirements to enable the assessment of their compliance with the applicable regulations and their quality/price ratio.

d) Specify your own or external media to be counted to develop the intended actions.

4. In the event of an extension of a programme, in accordance with Article 4.3, in addition to the documentation provided for in paragraphs 1 and 3 of this Article, the parties concerned shall submit a report on the results of the first two years of the execution for evaluation. This report shall contain at least information concerning the effects on the target market of the developed programme, as well as detailing the reasons for requesting the extension.

Article 9. Processing of the applications and evaluation of the programmes.

1. The autonomous communities shall examine the applications as to their conformity with this section and, where appropriate with the guidelines drawn up in accordance with Article 7.6, requiring the applicants, if necessary, to the documentation that is accurate and will evaluate them according to the following stages:

(a) Verification phase: compliance with the requirements of points (a) to (f) of Article 4 of Regulation (EC) No 555/2008 of the Commission shall be verified. In addition, it shall be established in particular that the documentation is sufficiently detailed to verify compliance with the requirements of that Article. Requests that do not meet these requirements will not be able to move to the next phase.

(b) Phase of evaluation of the quality of the programmes, the programmes, shall be scored in accordance with the criteria set out in Annex V. Only those programmes which have obtained at least the programme shall be deemed to have been approved. 50% of the total score set in that paragraph.

c) Phase of application of the prioritization criteria, only applicable to programs that have exceeded the previous phase. The score shall be awarded in accordance with the criteria of paragraph 2 of Annex V.

2. The autonomous communities will forward to the Ministry of Agriculture and Food before April 1 the provisional list of actions and programs ordered by points being the final score of each of them the sum of the scores obtained in paragraphs 1 (b) and 1 (c). The documentation of the selected programs (copy of the forms) will be accompanied to them.

3. The Ministry of Agriculture and Food shall examine and assess, in accordance with paragraphs 1 and 2 of this Article, applications submitted by public bodies at national level.

Article 10. National Program Selection Commission.

1. Within the Food Promotion Bureau, approved at the Sectoral Conference on Agriculture and Rural Development on 19 February 2007, and made up of representatives from the Ministry of Agriculture, Food and the Environment and the Autonomous communities, a National Commission for the Selection of Programmes, to be chaired by the Director General of the Food Industry, and four representatives of the Ministry of Agriculture, will be included as members. Food and the Environment designated by the holder of the General Secretariat of Agriculture and Power and a representative for each of the autonomous communities that you want to integrate.

Will act as secretary, with voice and vote, an official of the Food Promotion General Subdirectorate, appointed by the President.

The Commission will be responsible for drawing up, for each EAGF financial year, the final list of actions and programmes to be proposed to the Sectoral Conference on Agriculture and Rural Development for approval.

2. The final list of actions and programmes shall be drawn up in order of punctuation from the provisional lists referred to by the Autonomous Communities.

3. In case of a tie in the scores, the programs with the best price quality ratio will be priority.

4. The Commission may, as appropriate, propose:

a) If the total expenditure provided for in the approved applications does not exceed the budgetary limit initially allocated to this measure:

1. The approval of the list.

2. The approval of the list, subject to the acceptance of certain adaptations which comply with the strategy and guidelines established, where appropriate, by the Committee provided for in Article 19.

b) If the total expenditure foreseen in the approved applications exceeds the budgetary limit initially allocated to this measure:

1. The approval of the list to the limit of the financial tab for the measure.

2. The approval of the list within the limits of the funds available for the program.

Article 11. Resolution.

1. Once approved by the Sectoral Conference on Agriculture and Rural Development, the definitive list of selected actions and programmes and the conditions established for them, the Autonomous Communities or the Spanish Guarantee Fund Agricultural, where appropriate, shall resolve the applications and notify them to the beneficiaries. The maximum period for the resolution and notification of the procedure shall be six months from the day following the end of the time limit for the submission of applications.

After the period of six months without having been notified to the interested parties, they may understand their application in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November, General of Grants.

2. In the case of a positive decision, the beneficiaries shall inform the competent authority of the autonomous community or the Spanish Agricultural Guarantee Fund, where appropriate, within the maximum period of two months, of the acceptance of the decision in the as well as the justification for the lodging of a security, in accordance with the conditions laid down in Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the provision of a guarantee for the application of the system of guarantees for agricultural products, of an amount not less than 15% of the annual funding of the European Union, in order to ensure the proper implementation of the programme.

In the event that the beneficiary, for the relevant EAGF exercise, has several approved programmes, the managing body of the autonomous community may accept the deposit of a comprehensive guarantee to guarantee the amount of all of them, as long as such programs are managed in the same autonomous community.

In the event that the beneficiaries are public bodies, they will be exempt from the requirement of having to deposit the Good Enforcement Guarantee, as provided for in Article 6 (a) of the Implementing Regulation. (EU) No 282/2012 of the Commission of 28 March 2012.

3. The main requirement, in accordance with Article 20 of Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012, shall be the implementation of the actions under the favourable resolution, which shall at least achieve compliance with the 50 100% of the total budget of the programme approved in the Sectoral Conference (unchanged). Below it will be the total execution of the Good Execution Guarantee, in addition to not paying the executed part regardless of the percentage.

4. In the event of withdrawal by a beneficiary whose application would have been the subject of a final decision, the autonomous communities must inform the Ministry of Agriculture, Food and the Environment, before of 1 December of each year, to the effect of being able to dispose of the funds to be released.

Article 12. Modification of actions and programs.

1. Products, activities or costs of actions and programmes shall not be modified unless it is clear that the proposed amendments would achieve better results. Any of these amendments must be notified to the competent authority of the Autonomous Community or to the Spanish Agricultural Guarantee Fund, where appropriate, to verify and, if appropriate, the proposed amendments. that meet the requirements to be eligible.

2. In no case will the approved budgets for the programmes be modified upwards, nor can new countries be included.

3. The Autonomous Communities shall notify the Ministry of Agriculture, Food and Environment before 1 June of each year of the amendments which have been made and which affect the annuities in progress.

4. Amendments affecting non-annual annuities, in the case of multiannual programmes, shall be notified before 15 February of each year to the competent body of the autonomous community for approval, who shall in turn be notified of the changes. communicate to the Ministry of Agriculture, Food and Environment before 1 April.

Article 13. Funding.

1. The financing of the European Union of the actions referred to in Article 4.1 of this Royal Decree shall be carried out in accordance with Article 4 of Regulation (EC) No 1306/2013 and the Council of 17 December 2013, on the financing, management and monitoring of the Community agricultural policy.

2. The financial contribution of the Union to the programmes selected may not exceed 50% of the eligible expenditure. In the two-or three-year programmes, the maximum limit is considered for each year of implementation.

Only a financial contribution of 50 per cent of eligible expenditure shall be granted to those programmes where the implementation is equal to or greater than 75 per cent of the Sectoral Conference approved.

If the execution is between 50 and 75 percent of the budget approved in the Sectoral Conference, the amount of aid for that program will be calculated by subtracting the amount of the budget executed, the aid recognized to the beneficiary in the resolution.

3. The maximum amount of aid per beneficiary shall not exceed 5% of the budget for the measure on the financial statement of the support programme for the financial year concerned. Such limitation shall not apply to the beneficiaries referred to in Article 5 (b), (c) and (f) provided that the programmes submitted are not focused on the promotion of a trade mark.

4. The economic contribution of the beneficiaries may be made from compulsory fees or contributions.

Article 14. Advances.

1. The beneficiary, if not a public body, may submit an application for an advance to the competent body of the autonomous community, which may reach 80% of the amount of the annual European Union contribution.

2. The payment of an advance shall be subject to the lodging of a security in favour of the competent authority of the autonomous community, for an amount equal to 110 per cent of that advance, in accordance with the conditions laid down in Chapter III of the Commission Implementing Regulation (EU) No 282/2012 of 28 March 2012.

Article 15. Payments.

1. A single payment or interim payment of the contribution of the annual European Union may be requested. Applications shall relate to the actions carried out and paid.

2. All payments must be made through a unique bank account dedicated exclusively to this purpose.

3. Applications for interim payments shall be submitted to the competent body of the autonomous community or to the FEGA in the case of public bodies at national level, before the end of the month following that in which each period expires. Four months from June 1.

The interim payments and the payment of the advance provided for in Article 14 shall not exceed 80% of the total contribution of the European Union as a whole.

4. Once the shares of each annuity are finalized, and before 1 July, the beneficiary may request payment of the balance of the aid to the competent organ of its autonomous community or to the Spanish Agricultural Guarantee Fund, if any.

5. The Autonomous Community or the Spanish Agricultural Guarantee Fund shall, where appropriate, make the payments within a maximum of 75 days from the full receipt of the payment request.

6. In order to be considered admissible, payment applications shall be accompanied, at least, by:

(a) A summary report of the actions broken down into activities with the corresponding budgetary amount and the final cost of each of them, and an assessment of the results obtained that can be verified at the date of the report.

(b) invoices and other supporting documents for payments made. In the case of shares whose execution is subcontracted to service providers, an invoice must be provided from the service provider and proof of the actual payment.

(c) The bank account of the account referred to in paragraph 2 of this Article in which it is possible to verify the payment of the justified payments by the invoices referred to in point (b).

7. The payment shall be subject to the presentation of audited accounts and audit reports of accounts made by a legally recognised auditor or audit firm or, failing that, to the verification of conformity by the audit firm. autonomous community of invoices and documents referred to in paragraph 6.

8. In addition, in the light of the technical justification of the actions, the beneficiary may be asked to provide the means of proof to demonstrate the performance of the promotional actions.

9. The costs of staff of the undertaking engaged in the promotion activities may be considered eligible. The general costs of the beneficiary shall also be eligible, provided that these costs are entered in a specific item of the programme's summary budget. The conditions for the eligibility of such expenditure are those laid down in Annex VII to this royal decree.

10. The costs referred to in Annex VIII to this royal decree may not be considered eligible.

Article 16. Release of warranties.

1. The security referred to in Article 14 shall be released where the autonomous community has recognised the definitive right to receive the advance payment.

2. The security referred to in Article 11 shall be valid until the balance is paid and shall be released when the competent authority of the autonomous community agrees to cancel it.

Article 17. Controls.

1. The competent bodies of the Autonomous Community and the Spanish Agricultural Guarantee Fund shall, where appropriate, carry out an annual control plan on the basis of a risk analysis which shall include at least 20 per cent of the programmes paid in the year previous.

2. The control shall be aimed at checking in general accounting:

a) The accuracy of the information provided with the payment request.

b) The reality and regularity of invoices presented as supporting documents.

c) The accuracy of the presented bank statement.

(d) No aid referred to in Article 20 (c) (iii) of Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development through the European Agricultural Fund for the purposes of the European Agricultural Fund for the Rural Development (EAFRD), Article 16.2 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing the Council Regulation (EC) No 1698/2005 or Article 2.3 of Council Regulation (EC) No 3/2008 of 17 December 2008 on the December 2007 on information and promotion actions for agricultural products on the internal market and in third countries.

3. The results of the checks carried out under the annual control plan shall not affect the degree of compliance with the programme.

Article 18. Verification of the material.

The beneficiaries of the aid will have to ensure the conformity of the information and promotion material developed in the framework of the programmes both with the European Union legislation and with the legislation of the third country in the the program is developed. To this end, the beneficiary shall submit to the competent autonomous community or the Spanish Agricultural Guarantee Fund, where appropriate, a responsible declaration indicating the conformity of the said material and the compliance with the implementing rules. corresponding.

Article 19. Evaluation and monitoring committee of the measure.

1. A Committee for the Evaluation and Monitoring of the Promotion Measure, hereinafter referred to as the Committee, shall be set up within the framework of the Food Promotion Bureau approved at the Sectoral Conference on Agriculture and Rural Development on 19 February 2007. four representatives of the Ministry of Agriculture, Food and the Environment, appointed by the head of the General Secretariat of Agriculture and Food, shall be composed of a representative for each of the autonomous communities that they wish to integration, a representative of the ICEX Spain Export and Investments, appointed by the President of the body, a representative of the Spanish wine federation and one of the agri-food cooperatives and one representative of each representative OPAS.

2. The Committee shall be chaired by the Director-General of the Food Industry and shall act as an official of the General Secretariat for Food Promotion, appointed by the President, who shall act with a voice but without a vote. In case of absence, vacancy or illness, the President shall be replaced by the Vice-President, who shall be an official with the level of Deputy Director General, appointed by the holder of the General Secretariat of Agriculture and Food.

It will be serviced by personal, technical and budgetary means of the organ in which it is integrated.

3. The functions of the Committee shall be:

a) Elaboration of the strategy and guidelines provided for in Article 7.

b) Tracking the execution and evaluation of actions and programs.

c) Proposal for actions and programs of general interest.

d) Propose priorities for products and target countries.

4. The Committee shall meet regularly on the basis of needs or at the request of its members. To this end, it shall be informed, in relation to each of the programmes, of the timing of the actions envisaged, of the reports of the activities carried out, and of the results of the checks carried out.

5. The Committee shall adjust, in its operation, as provided for in Chapter II of Title II of Law 30/1992 of 26 November.

Article 20. Reports.

1. The autonomous communities shall draw up an annual report on the results of the programmes and checks carried out before 1 November of each year to the evaluation and monitoring committee for the measure provided for in Article 19.

2. The Ministry of Agriculture, Food and the Environment shall annually carry out a general report of the programmes accompanied, where appropriate, by proposals for modification of the measure.

Section 2. Restructuring And Reconversion of vineyards

Article 21. Scope of application.

1. Aid for the restructuring and conversion of vineyards referred to in Article 46 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 shall apply to vineyards intended for production of grapes for winemaking.

Article 22. Beneficiaries.

1. Aid for the restructuring and conversion of vineyards, winegrowers whose vineyards are intended for the production of grapes for wine-making, may be accepted.

2. It shall not be possible for beneficiaries to contravene existing rules on vineyard plantations for any of the vineyard areas on their holding.

Subsection 1. Restructuring and reconversion of vineyards through plans

Article 23. Eligible activities.

1. Support for restructuring and conversion of vineyards may be granted only for one or more of the following activities:

a) Reimplantation of vineyards.

b) Reconversion varietal.

c) Improvement of vineyard management techniques.

2. They shall not be eligible for this aid scheme:

(a) The normal renovation of the vineyards that have reached the end of their natural cycle, understood as the replanting of the same plot of land with the same variety of wine grapes and according to the same " method of culture ".

(b) The areas which have benefited from this aid for the restructuring and conversion of vineyards in the last ten years, except for the change of the glass to the back or to another driving system. The period shall be counted from the date on which the beneficiary applied for the final payment of the aid for that area or the settlement of the balance in the event of an advance payment.

(c) The grubbing-up and planting of vineyards planted under a grant of new plantings granted under Article 2.2 of Royal Decree 1472/2000 of 4 August 2000 on the production potential of wine-growing products, until 10 years after the planting.

d) The day-to-day management operations of a vineyard.

Article 24. Plans for restructuring and conversion of vineyards.

1. The scheme for restructuring and conversion of vineyards will take effect through the restructuring and conversion plans, which will contain the corresponding measures to be carried out. The plans may be annual or multi-annual with a maximum duration of five years, without in any case extending beyond the financial year 2018.

2. The plans for restructuring and conversion of vineyards will be collective. However, the autonomous communities may accept individual plans where their specific circumstances so advise. The minimum number of winegrowers who may constitute a collective plan for the restructuring and conversion of vineyards shall be 20. The autonomous communities may reduce the minimum number of winegrowers to five, in those areas where, due to their special characteristics, the number cited for carrying out the collective plans cannot be reached.

3. The collective restructuring and conversion plans shall be carried out in the framework of an agreement concluded between the participating growers.

Article 25. Presentation of the plans for restructuring and conversion of vineyards.

1. Winegrowers wishing to benefit from a plan for the restructuring and conversion of vineyards to be financed by the European Union must submit a corresponding application to the competent body of the autonomous community in which they are located the areas to be restructured or reconverted, either directly or through any of the places provided for in Law 30/1992, of 26 November, before the date to be determined by the competent body.

The electronic submission of applications as provided for in Law 11/2007 of June 22 will be accepted.

2. The winegrowers shall, together with the application, provide the draft plan, which shall contain at least the following information:

a) Objectives pursued by the plan.

b) Plan location and identification.

c) Identification of the winegrowers that integrate it, if the plan is collective.

d) Localization and characteristics of the parcels, initial and restructured (varieties, formation systems, planting framework, etc.), with the contribution of the identification of the SIGPAC enclosures of the parcels that make up the plan.

e) Planting rights to be included in the project by specifying the replanting rights on or off the farm.

f) Cost study and expected timing of implementation and financing of the measures.

In those cases where the winegrower does not own the surface or holder of the vineyard that is to be restructured or reconverted, the owner's authorization and, where applicable, the owner will be required.

Article 26. Requirements for the plans.

1. The total area restructured or converted into the framework of a plan for the restructuring and conversion of vineyards shall be at least 10 hectares for the collective plans and 0,5 hectares for the individual plans.

By way of derogation from the previous paragraph, the autonomous communities may establish upper or lower limits provided that in the latter case the average size of the vineyard plots in that community is less than 0,2 hectares.

2. The vineyard plot, once restructured or converted, will have to be at least 0.5 hectares. However, this limit may be lower if the number of parcels, after the completion of the restructuring and conversion plan, is less than 80 per cent of the number of initial parcels, or if the average size of the vineyard plots for a Autonomous community is less than 0.1 hectares. It may also be less than 0,5 hectares if it is adjacent to another parcel of the same holder or winegrower.

In cases where the measure is limited to over-grafting or a change of glass to a shoulder or to another driving system, the minimum surface area shall be the initial one.

3. The maximum area of approval shall be 25 hectares per viticultor and year. However, autonomous communities may reduce the maximum area to be restructured or reconverted by winegrower and year.

4. The use of certified rootstocks shall be compulsory for all plantations, except those located in the Autonomous Community of the Canary Islands. In order to receive the aid, the invoice presentation of the approved nursery or trader and the proof of payment is necessary.

Article 27. Approval of the plans.

1. The autonomous communities shall process the applications and shall require the applicant, where appropriate, to submit the documentation or information to be addressed, or the relevant additional information.

The autonomous communities will resolve the requests for the plans submitted, without the approval of any future commitment of expenditure by the Administrations, within the maximum period of six months from the completion of the deadline for submission of applications.

After the six-month period has not been notified to the interested parties, they may understand their request, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November.

2. In the approval by the autonomous communities of the plans for restructuring and reconversion of vineyards, the collective plans will be priorities for the individual plans, and within those will be priority those that have more holdings of shared ownership in accordance with Law 35/2011 of 4 October. In addition, the Autonomous Communities will be able to establish other priority criteria.

Article 28. Initial allocation of funds.

1. The autonomous communities shall forward to the Ministry of Agriculture, Food and Environment, before 15 September each year, the financing needs for the following financial year in accordance with Annex IX.

2. Once known, the financial resources for the restructuring and conversion of vineyards for each financial year, the Sectoral Conference on Agriculture and Rural Development, taking into account the information submitted by the Autonomous Communities provided for in the previous paragraph, shall agree on the initial allocation of funds for each Autonomous Community. This allocation shall be made taking into account, in any event, the area of vineyard and the need to restructure certain vineyards as a result of the non-adequacy of their production to the market, without prejudice to subsequent reallocation of funds to be made, where appropriate, in accordance with Article 30.

Article 29. Definitive approval of the measures.

1. Once agreed, in accordance with Article 28.2, the allocation of funds for the restructuring and conversion of vineyards, for each autonomous community and for each financial year, the autonomous communities shall carry out a definitive approval of the measures. which shall be financed in each financial year.

2. The final approval shall be deemed to be the payment decision made by the autonomous community after the beneficiary has requested payment of the aid in accordance with Article 34.

Article 30. Reallocation of funds between autonomous communities.

1. No later than 20 June each year, the autonomous communities shall send to the Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture, Food and the Environment, the declaration of payments made by the agency. (a) the payment of the financial year in progress, referred to as of Friday of the week immediately preceding the date of 20 June, in accordance with Annex X.

2. Where the payments communicated, in accordance with the preceding paragraph, by an autonomous community, exceed 90% of their initial financial allocation agreed in accordance with Article 28.2 for the financial year in question and if the autonomous community has needs of funds until 15 October of the current financial year, in excess of the amounts paid to the date provided for in paragraph 1, such needs may be met in the case of funds not used by other communities autonomous. The requirements shall be communicated in accordance with the provisions of Annex XI.

3. Where the payments communicated by an autonomous community in accordance with paragraph 1 are less than 90% of their initial allocation, a reallocation of the initial funds granted to that autonomous community shall be carried out in accordance with the Article 28.2, adjusting them to the payment made and communicated in accordance with paragraph 1.

4. Unused funds shall be distributed among the autonomous communities with needs, which comply with paragraph 2, in accordance with the criteria agreed in accordance with Article 28.2.

Article 31. Deadline for completion and payment of the measures.

The communication of the application for payment referred to in Article 34 by a beneficiary must be made until 31 July 2018, without in any event the payment of the measure extending beyond the financial year 2018.

Article 32. Calculation of the aid.

1. Aid may be granted for:

a) Comer to the viticulturists participating in the plan for the loss of income derived from the application of the plan.

b) Participate in the costs of restructuring and reconversion of vineyards.

2. Compensation to winegrowers for loss of income shall be granted for up to two years. The compensation will be 25 percent of the average value of the grapes of the last three campaigns in the territorial area where the plots to restructure or reconversion are located, which the autonomous community will have to define. The Autonomous Communities may establish that this compensation takes the form of coexistence of old and new vines during two campaigns.

By way of derogation from the foregoing paragraph, they shall not be entitled to compensation for loss of income those areas restructured with the contribution of an ungenerated replanting right from the implementation of the restructuring.

When the operation carried out on a vineyard parcel is over-grafted or the transformation of the vessel to the back or to another driving system, compensation shall be granted for loss of revenue for that area for a campaign.

3. Participation in the costs of restructuring and reconversion of the vineyard may be carried out only for the operations listed in Annex XII, and operations shall not be financed in isolation, with the exception of over-grafting or change. The invention relates to a glass-to-shoulder or other driving system. Operations with secondhand material will also not be eligible.

The participation in the costs of restructuring and reconversion of the vineyard will be the result of applying the percentage set out in Article 46 (6) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, for the collective plans, and 15 per cent lower for the individual plans, to the maximum amounts established for each of the operations listed in Annex XII. The amount collected shall in no case be higher than that resulting from the application of those percentages on the expenditure actually incurred and credited by invoice and supporting evidence for all operations which have not been executed by the beneficiary himself. The autonomous communities may provide, for their territorial scope, the application of a percentage lower than that laid down in Article 46 (6) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and not to apply the grant of any of the operations referred to in Annex XII.

In the case of transactions executed with their own means, for the determination of the amounts of aid other than the purchase of material, and for which no proof of payment is available, the communities They shall comply with the provisions laid down in Article 8.2 of Commission Regulation (EC) No 555/2008 of 27 June 2008.

Start costs will not be financed on those areas where replanting rights are not generated in the implementation of the restructuring plan and the start-up has been made prior to the plan application.

4. In order to determine the amount of aid to which a winegrower is entitled to restructure and convert a vineyard area, the autonomous communities shall carry out a measurement of the restructured parcel and, where appropriate, of the parcel the method referred to in Article 75 of Commission Regulation (EC) No 555/2008 of 27 June 2008 shall be applied.

5. The subrogation of the rights and obligations arising from the approval of the plan may be authorised where at least the following requirements are met:

a) In case of change of plot:

1. No operations that have not been requested and approved in the original will not be approved in the new plot.

2. º All operations will be paid on the new plot.

(b) In the case of authorising the subrogation to a new winegrower, the new winegrower must assume the commitments acquired by the winegrower to which the plan was approved in the subrogated plots.

6. Except for reasons of force majeure or exceptional circumstances as set out in the second paragraph of Article 2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 and in cases of expropriation, areas covered by the plans for restructuring and conversion of vineyards in accordance with this royal decree, a minimum period of ten years must remain in cultivation for the following marketing year in which the payment was requested. Their non-compliance will require the beneficiary of the aid to return the aid received for the benefit of the relevant legal interests.

Article 33. Advances.

1. By way of derogation from Article 34, the participants in the plans may request a maximum advance of up to 80 per cent of the aid approved if they meet at least the following conditions:

a) When the execution of the measure for which the advance is requested has begun. For these purposes, it is considered that such execution has begun when the planting has been started or the purchase invoice of the plant has been provided and the payment of the plant has been paid by bank, or is shown or verified. Any other operation of an irreversible nature.

(b) Where a security has been lodged for an amount equal to 120 per cent of the advance of the approved aid.

2. Without prejudice to Article 31, where advances are granted, it shall be compulsory to implement the measure before the end of the second marketing year following the granting of the advance. In the event of failure to implement the measure within the prescribed time-limits, the winegrower shall reimburse all the advance which has been granted to him plus the legal interest corresponding to the payment of the advance, unless the areas concerned have been paid. are considered to be in an area which has suffered a natural disaster recognised by the competent authorities or the planned operations cannot be carried out due to phytosanitary problems certified by an accredited body. In such cases, the period of execution of the measure may be adapted for the non-return of the advance, and if the measure is implemented by 31 July 2018, the balance shall be paid.

The winegrower, in order to be entitled to the aid, must have executed 80 percent of the area for which he charged the advance. In the event of failure to reach the established percentage, it shall reimburse all advance payment which has been granted to it plus the corresponding legal interest from the time of payment of the advance, except for reasons of force majeure or exceptional circumstances.

3. Once the measure for which the advance was granted has been implemented, the autonomous communities will determine the definitive aid to which the winegrower is entitled, for which the restructured or converted areas will be measured according to the the method referred to in Article 75 of Commission Regulation (EC) No 555/2008 of 27 June 2008. If the wine grower has received a higher advance than he is entitled to, it shall reimburse the difference between the anticipated advance and the corresponding aid, plus the corresponding legal interest from the moment of payment. of the advance, except for reasons of force majeure or exceptional circumstances.

If the aid to which the viticultor is entitled is higher than the advance payment granted to him, he shall be entitled to the recovery of the difference, without in any case the total aid is higher than the one initially requested.

4. Failure to comply with the obligation to carry out the operations for which an advance has been granted shall be regarded as a minor infringement as provided for in Article 38.1 (g) of Law 24/2003 of 10 July of the vineyard and wine.

Article 34. Payment of the aid to the beneficiaries.

1. After the completion of each measure, the beneficiary shall submit an application or communication for payment of the aid to the competent body of its autonomous community.

2. Such a request or communication shall be accompanied, at least, by the invoices and supporting documents of the payments made by the beneficiary.

3. The aid shall be paid in accordance with the calculation laid down in Article 32 of this Royal Decree and once it is established that the measure has been implemented and is in line with the approved plans.

4. If the winegrower does not carry out the restructuring or conversion in at least 80 per cent of the area for which the aid was approved in the plan, he shall not be entitled to it. It shall also not be paid for unrealised operations. In the event that a winegrower does not execute the operations for which the aid was approved, it shall be considered as a minor infringement as provided for in Article 38.1 (g) of Law 24/2003 of 10 July, and shall be sanctioned in accordance with the provisions of the established in Article 42.1 of that law, except for reasons of force majeure or exceptional circumstances.

5. The autonomous community shall issue a payment resolution, and make the payment to the beneficiary within a maximum of six months from the date of the payment resolution.

6. Measures of plans submitted under Regulation (EC) No 1493/1999 of the Council of 17 May 1999 establishing the common organisation of the market in wine shall not be financed from the 2014 to 2018 Support Programme.

Subsection 2. Planting Of Vineyards after compulsory grubbing-up for sanitary or phytosanitary reasons on the order of the competent authority

Article 35. Scope of application.

Support for replanting may be granted to winegrowers who have been required to start a vineyard area for health or plant health reasons for the establishment of the competent authority of the community. (a) on the basis of the publication of this royal decree, provided that such compulsory grubbing-up has been complied with with the provisions of Council Directive 2000 /29/EC and Law 43/2002 of 20 November of plant health.

Article 36. Requirements for the measure.

1. This measure must be run before June 1 of the following campaign that was requested.

2. The use of certified rootstocks shall be compulsory for all replanting, except those located in the Autonomous Community of the Canary Islands. In order to receive the aid, the invoice presentation of the approved nursery or trader and the proof of payment is necessary.

Article 37. Submission and requirements for requests.

1. Interested parties who wish to avail themselves of this aid must submit the application to the competent authority of the autonomous community where the area is compulsorily grubbed up for health or plant health reasons, directly or through any of the places provided for in Law 30/1992, of 26 November, prior to 1 February of the previous year to which the replanting is intended to be carried out.

The electronic submission of applications as provided for in Law 11/2007 of June 22 will be accepted.

The request must contain at least the following information:

a) Operations to perform.

b) Surface to replant, indicating the location and characteristics of the parcels, initials and endings (varieties, formation systems, planting frame, etc.), with input of the identification of the SIGPAC enclosures the plots.

(c) Supporting documentation that the competent authority has required the competent authority to be removed due to sanitary or phytosanitary reasons.

d) Replanting rights to be used.

e) Cost Study.

2. The maximum area for which the aid is requested shall not exceed the area which was compulsorily uprooted for health or plant health reasons.

Article 38. Processing of requests and allocation of funds.

1. The autonomous communities shall process the applications and shall require the applicant, where appropriate, to submit the documentation or information to be addressed, or the relevant additional information.

2. The autonomous communities shall forward to the Ministry of Agriculture, Food and Environment before 1 May the financing needs for replanting for health or plant health reasons for the following financial year in accordance with the Annex XIII.

3. The Sectoral Conference on Agriculture and Rural Development shall agree on the financial allocation for the following financial year in accordance with the needs reported in the preceding paragraph. This allocation shall take account of the fact that total expenditure for replanting for health or plant health reasons for an exercise may not exceed 15% of the total expenditure for the measure for the restructuring and conversion of vineyards in the same year. exercise. In the event that the available budget does not cover all applications, priority shall be given to those which come from holdings of shared ownership in accordance with Law 35/2011 of 4 October.

4. Once the financial allocation has been agreed, the autonomous communities will resolve the applications and notify the beneficiaries. The maximum time limit for resolution and notification shall be six months after the end of the deadline for the submission of applications.

5. After that period has not been notified to the parties concerned, they may understand their application, in accordance with the provisions of Article 25.5 of Law 38/2003 of 17 November.

Article 39. Calculation of the aid.

1.Assistance may be granted to participate in the costs of replanting, by operations of: soil preparation, plant and planting, driving system, disinfection and individual protection of plants against rabbits in the time of planting, not being able to finance operations in isolation except for plant and planting operation.

In no case will the boot operation be financed or be granted compensation for loss of income.

2. The participation in the costs of replanting shall be the result of applying the percentage set out in Article 46 (6) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 to the maximum amounts collected in Annex XII established for the eligible operations. The amount collected shall in no case be higher than that resulting from the application of those percentages on the expenditure actually incurred and credited by invoice and supporting evidence for all operations which have not been executed by means of their own.

In the case of transactions executed by their own means, for the determination of the amounts of aid other than the purchase of material and for which no supporting evidence is available, the communities These amounts shall be justified in a justified manner, in accordance with Article 8.2 of Commission Regulation (EC) No 555/2008 of 27 June 2008.

3. To determine the amount of aid to which a beneficiary is entitled to replant for health or phytosanitary reasons, the autonomous communities shall carry out a measurement of the restructured plot and, in their Case, of the plot grubbed up in accordance with the method referred to in Article 75 of Commission Regulation (EC) No 555/2008 of 27 June 2008.

Article 40. Request for payment and payment to beneficiaries.

1. After the completion of the measure, the beneficiary shall submit an application or communication for payment of the aid to the competent authority of the autonomous community, before 1 June of the marketing year in which the aid was implemented. replanting.

2. Such request or communication shall be accompanied by at least the invoices and supporting documents of the payments made by the beneficiary.

3. The aid shall be paid in accordance with the calculation laid down in Article 38 of this Royal Decree, after it has been established that the measure has been implemented and is in accordance with the approved application.

4. If the winegrower does not carry out the measure in at least 80 per cent of the area for which the aid was approved, he shall not be entitled to it. It shall also not be paid for unrealised operations. In the event that a winegrower does not execute the operations for which the aid was approved, it shall be considered as a minor infringement as provided for in Article 38.1 (g) of Law 24/2003 of 10 July, and shall be sanctioned in accordance with the provisions of the established in Article 42.1 of that law, except for reasons of force majeure or exceptional circumstances.

5. Except for reasons of force majeure or exceptional circumstances as set out in the second paragraph of Article 2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 in cases of expropriation, areas eligible for replanting for health or plant health reasons in accordance with this royal decree, a minimum period of 10 years shall be kept in cultivation for the following marketing year in which the payment was requested. Their non-compliance will require the beneficiary of the aid to return the aid received for the benefit of the relevant legal interests.

6. The autonomous community shall issue a payment resolution, and make the payment to the beneficiary within a maximum of six months from the date of the payment resolution. In no case shall the payment of the aid be extended beyond the financial year 2018.

Subsection 3. Common provisions for the restructuring and conversion of vineyards

Article 41. Conditionality.

If it is found that a beneficiary, at any time during a period of three years from 1 January of the calendar year in which the first payment was made under this Section, has not respected in its exploitation of the statutory management requirements and the good agricultural and environmental conditions referred to in Articles 91, 92, 93, 94 and 95 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the amount of the aid, in case the non-compliance is due to an action or omission attributable directly to the the beneficiary, shall be reduced or cancelled, partially or wholly, depending on the seriousness, extent, persistence and repetition of the non-compliance, and the beneficiary shall reintegrate it if appropriate, in accordance with the provisions set out in those provisions. For the purposes of this cross-compliance control, the autonomous communities shall have up-to-date information on the alphanumeric references SIGPAC of all the parcels forming part of the beneficiary's holding.

Article 42. Communications.

1. The autonomous communities shall forward to the Ministry of Agriculture, Food and the Environment before 15 November each year, and in respect of the preceding financial year, an annual report on the on-the-spot checks carried out. in the case of restructuring and conversion of vineyards and containing at least the information referred to in Annex XIV.

2. The autonomous communities shall forward to the Ministry of Agriculture, Food and Environment before 15 November each year, and in respect of the preceding financial year, an annual report on the implementation of the restructuring scheme and conversion of vineyards, including, where appropriate, a report of replanting after compulsory grubbing-up for health or plant health reasons.

3. The autonomous communities shall notify the Ministry of Agriculture, Food and the Environment before 1 May of each year of the list of harmful organisms in the case of the application of the replanting measure for health or plant health reasons. are covered by that measure, as well as a summary of the strategic plan that you have established to act against them.

4. The autonomous communities shall provide the Ministry of Agriculture, Food and the Environment with information annually on the costs of the operations carried out for which the aid has been paid, on the basis of a sample of supporting documents payment, in order to review and where appropriate to update the amounts set out in Annex XII.

Section 3. Removal of by-products

Article 43. Scope of application.

1. Producers shall be obliged to dispose of the by-products obtained in processing. However, producers who do not produce more than 25 hectolitres of wine or must on their premises in the wine year concerned shall not be obliged to withdraw the by-products.

2. The obligation to eliminate the by-products of vinification or any other processing of grapes by the delivery of the by-products for distillation to an authorised distiller, or by carrying out a process, may be partially or wholly fulfilled. withdrawal under control as provided for in Article 51. Without prejudice to paragraph 1, the autonomous community may lay down the obligation to eliminate all by-products produced in its region by distillation.

Article 44. Requirements for the by-products removed.

1. The minimum volume of alcohol contained in the by-products removed must be:

(a) 10 per cent of the volume of alcohol contained in the wine produced obtained by direct vinification of the grapes. Autonomous communities may reduce the percentage of the volume of alcohol contained in by-products to 7 per cent for white wines with a protected designation of origin from their territorial scope, provided that it is justified by the system of elaboration of the impossibility of reaching 10 percent, and that its performance in wine does not exceed the limits established by the corresponding Regulatory Board.

(b) 5 per cent of the volume of alcohol contained in the product produced, for wine producers from must or new wine in processing.

2. If the percentages set out in paragraph 1 are not reached, producers who have made the wine-making process must supply a quantity of wine from their own production in order to reach the above percentages.

3. In order to determine the volume of alcohol which the by-products must have in relation to that of the wine produced, the following natural alcoholic strengths of wine shall apply in the different wine-growing zones, as laid down in the Commission Regulation (EC) No 555/2008 of 27 June 2008:

a) 9.0 percent for the CI zone.

b) 9.5 percent for the CII zone.

c) 10 per cent for the CIII zone.

4. The minimum content of pure alcohol of the by-products of the wine to be removed shall be as follows:

(a) Orujos of grapes: 2,8 litres of pure alcohol per 100 kilograms.

b) Wine lias: 4 litres of pure alcohol per 100 kilograms.

5. Deliveries of the by-products must be carried out:

(a) A distiller authorised in the case of caterpillars and lees.

(b) By delivering wine to an authorised distiller or to a vinegar manufacturer, pursuant to Article 23 (2) of Commission Regulation (EC) No 555/2008 of 27 June 2008. In the case of producers who deliver wine to a vinegar factory, the quantity of alcohol contained in the wines delivered shall be deducted from the quantity of alcohol to be delivered in order to comply with the obligation laid down.

Article 45. Authorization of distillers.

1. Distillers must be authorised by the competent authority of the autonomous community on whose territory the distillation facilities are located, to act within the framework of Article 51 of Regulation (EU) No 1308/2013 of the European Parliament. European and Council meetings of 17 December.

2. The authorisations shall be valid as long as they are not expressly withdrawn or the distiller has renounced them. However, distillers must inform the competent authority, before the start of each wine year, of their intention to extend or suspend their cooperation in the marketing year, and to declare that they have complied satisfactorily. the requirements laid down in the European Union legislation during the previous marketing year.

In the event of an application for this extension, the competent authority shall confirm the authorisation, if appropriate, by communicating this circumstance to the parties concerned.

3. The distiller who suffers a variation in relation to the conditions under which the authorisation was granted shall immediately inform the competent authority.

4. The autonomous communities shall forward to the Spanish Agricultural Guarantee Fund before 1 September of each marketing year the ratio of the authorized distillers working together with this aid scheme, indicating the direction in which they are located. facilities.

Article 46. Deadline for delivery to distillation.

The deadline for delivery of the by-products to an authorized distiller will be June 15 for each campaign.

Article 47. Aid for the distillation of by-products.

1. Aid shall be granted to authorised distillers which transform the by-products obtained into national territory, delivered for distillation into raw alcohol with an alcoholic strength of at least 92 per cent.

2. The distillation operations shall be completed by 15 July of the wine year concerned at the latest.

3. The amount of aid payable to distillers authorised by the distillation of the by-products is as follows:

a) 1,100 €/per 100 vol. /hl for raw alcohol obtained from pomace; and

b) 0,500 €/per 100 vol. /hl for raw alcohol obtained from wine and lees.

4. As compensation for the transport and collection costs of the by-products, the distiller shall pay the producer the following amounts when the latter proves that he has incurred such expenditure:

a) 0.571 €/per 100 vol. /hl for the delivered caterpillars.

b) 0,400 €/per 100 vol. /hl for the wine and lees delivered.

5. The alcohol obtained from the distillation of by-products for which aid has been granted shall be used exclusively for industrial or energy purposes in order to avoid distortions of free competition.

Article 48. Requests for help.

1. The application for aid shall be submitted between 16 October and 20 July of each marketing year for the alcohol obtained during the marketing year, before the competent authority of the Autonomous Community where the distillation facilities are located. or through any of the means provided for in Article 38.4 of Law 30/1992 of 26 November.

The electronic submission of applications as provided for in Law 11/2007 of June 22 will be accepted.

2. Applications shall be submitted in accordance with a model containing at least the data set out in Annex XV and accompanied by at least the following documentation:

a) Proof of distillation of the by-products.

(b) Relation of deliveries of raw materials by producers who have given origin to the alcohol obtained.

c) Proof of payment by the distiller to the producer of the transport costs, or the waiver of the payment to be made.

(d) Where appropriate, the justification for the destination of the alcohol obtained in accordance with Article 50.

If, after verification of the data contained in the application, the existence of false data is verified, which in no case can be considered to be errors or subsable defects, the application shall not be considered admissible to receive no aid for this measure without prejudice to the instruction of the infringement procedure as provided for in Article 39.1 (d) of Law 24/2003 of 10 July.

Article 49. Payment of the aid to the distiller.

1. No aid shall be paid for the volume of alcohol contained in the by-products exceeding 10 per cent of the alcoholic wealth of the wine produced at national level.

2. The authorised distiller may receive an advance of 60 per cent of the aid for the volumes requested, provided that it justifies:

(a) You have made the payment of at least the equivalent percentage of the amounts established for the transport to the producer, where the producer has made it, or submits the waiver of the payment to the producer.

(b) that the alcohol obtained from the distillation for which the aid is requested has been destined for energy or industrial purposes or has been denatured, as provided for in Article 50.

However, if the supporting documents are not available, a security equal to the amount of the advance plus 20 per cent shall be required.

Where an advance with a guarantee has been paid, it shall be released when the supporting documents referred to above are available.

3. For each marketing year, and once the quantities actually delivered to the distillation for which the aid is applied for and the quantity of wine produced are known, the volume of the alcohol for which the aid is requested shall be checked. products delivered with the alcoholic wealth of wine produced at national level.

4. Where the quantity of alcohol for which aid is applied for in a particular marketing year exceeds 10 per cent of the alcoholic wealth referred to in the preceding subparagraph, the aid shall be reduced on the basis of the rate of overrun. The Spanish Agricultural Guarantee Fund shall fix the rate of reduction, in such a way as to ensure that the budgetary expenditure does not exceed that which would have been achieved if the maximum amount entitled to aid has not been exceeded.

5. Once the final amount of the aid has been established, the competent authority shall pay the corresponding aid or the balance in the event of an advance payment, in any event before 16 October of the following year.

6. Before such payment is made, it shall be established that the authorized distiller has made, where appropriate, the payment to the producer of the entire transport expenditure which corresponds to it, reduced, if applicable, in the same proportion to the of the aid provided for in paragraph 4.

In the event of no justification for such payment, the authorised distiller shall return the advance amounts together with the relevant interest or the security presented by that amount shall be forfeited.

7. If at the time of payment of the balance of the aid has not been presented the proof of the alcohol's destination by the distiller, the guarantee shall be extended for the outstanding amount of payment increased by 20 per cent.

8. In the event of non-submission of such an extension of the guarantee, the authorised distiller shall return the advance amounts together with the relevant interest or the security presented by that amount shall be forfeited.

9. In any event, the authorized distiller must send the proof of the destination of the alcohol obtained to the competent authority before 31 January of the following year; otherwise the authorized distiller must reintegrate the the amounts received together with the interest of the items for which the security lodged by that amount has not been justified or shall be forfeited. The Ministry of Agriculture, Food and the Environment may extend the date indicated when the market situation so requires.

10. However, for the purpose of calculating the alcohol to be reached, the percentages of loss in accordance with Article 50 shall be taken into account.

Article 50. Justification for the destination of the alcohol obtained.

1. The alcohol resulting from the distillation to which aid has been granted shall be used for industrial or energy purposes only in order to avoid distortions of competition.

The authorised distiller shall provide the competent authority with proof of this destination within the maximum period of 10 working days after the end of the departure of each lot, a certificate of daily departure of the alcohol, mentioning at least the quantity and volume of the alcohol which has come out and the identification of the producer, as well as a copy of the electronic administrative document provided for in Article 29.B of the Excise Regulation, approved by Royal Decree 1165/1995 of 7 July 1995 with the stamp of the recipient accepting the the product and the written commitment of the recipient to use that alcohol exclusively for these purposes.

2. The following percentages of loss, including in points (e) and (g) of Article 90.1 (e) and (d) and (e) of Article 90.2 of the Regulation, shall be accepted in the justification for the purpose of the alcohol resulting from the distillation of aid. Regulation of Excise Duties, approved by Royal Decree 1165/1995 of 7 July:

a) 0.50 per cent of the amounts of alcohol stored per quarter of storage as a loss of alcohol due to evaporation.

(b) 0,50 per cent of the quantities of alcohol removed from storage as a loss of alcohol due to one or more land transport.

3. It may be considered that the alcohol obtained has had an industrial or energy use if it has been denatured, in accordance with the provisions of the Excise Regulation, approved by Royal Decree 1165/1995 of 7 December 1995. July, with a product preventing the use of the product for uses other than industrial or energy.

In any case, the competent authority shall obtain from the authorized distiller information on the final destination of this denatured alcohol.

Article 51. Removed under control.

1. A controlled withdrawal procedure may be used for the disposal of by-products when the competent authority is notified that it is to be eligible for this disposal system, by submitting a detailed project.

The project must contain the reference to the product type and a detailed description of the proposed procedure for the withdrawal. The conformity of the environmental authority with regard to the provenance of such a withdrawal shall also be provided, where the autonomous community considers it necessary.

The controlled withdrawal operation must be authorised by the competent authority, which shall establish the conditions for the withdrawal of the controlled withdrawal, and which must be notified to the producer.

2. The removal of the lees, if not sent to distillation, may be considered to have been carried out where they have been denatured in such a way as to make it impossible for them to be used in the wine-making process and for their delivery to third parties. corresponding records.

3. The minimum content of pure alcohol of the by-products to be removed shall be as set out in Article 44.4.

4. This authorisation does not exempt from the tax obligations laid down in the rules of excise duty where the products for which the controlled withdrawal is authorised are subject to those obligations.

Article 52. Penalties.

The failure to deliver the by-products to the distillation or completion of the withdrawal under control shall be regarded as a minor infringement within the meaning of Article 38 (j) and (k) of the Treaty. Law 24/2003, July 10.

Section 4. Inversiones

Article 53. Scope of application.

In order to improve the overall performance of wine sector companies and their adaptation to market demands, as well as to increase their competitiveness, financial support will be granted to tangible investments or intangibles in wine processing and infrastructure facilities, as well as marketing structures and instruments, including in order to improve energy saving, global energy efficiency and sustainable processes.

Such investments shall relate to the production, marketing or both of the wine products listed in Annex VII, Part II of Regulation (EU) 1308/20013 of the European Parliament and of the Council and which have been produced on Spanish territory.

Article 54. Beneficiaries.

1. Undertakings engaged in the processing or marketing of wine products or both activities at the same time may be eligible for the investment measure.

The company must have initiated the development of such activities prior to the date of submission of the aid application or initiate it with the execution of the investment project prompted by the request for assistance.

However, in the case of applicants whose activity is, or claims to be, only the marketing of wine products, they shall satisfy, as appropriate, the following requirements:

(a) In the case of an undertaking already in business, at least 80% of its turnover in the last financial year shall come from the marketing of wine products.

(b) If this is an undertaking whose business is to be initiated by the implementation of the investment project, the aid application must be committed to at least 80% of its annual turnover during the period of Durability of investments proceeds from the marketing of wine products.

In any case, the beneficiary of the aid must be the final responsible for the project's financing, so that the investment expenditure must be borne in its accounts.

2. The maximum rate of aid referred to in Article 62.1 of this Royal Decree shall apply to:

(a) micro and small and medium-sized enterprises as defined in Commission Recommendation 2003 /361/EC of 6 May 2003;

(b) all companies in the case of the Autonomous Community of the Canary Islands.

The maximum rate of aid referred to in Article 62.1 shall be reduced to 50% for undertakings which are not covered by Title I, Article 2 (1) of Recommendation 2003 /361/EC with less than 750 employees or the volume of which of business is less than 200 million euros.

The maximum rate of aid referred to in Article 62.1 shall be reduced to 25% for undertakings which are not covered by Title I, Article 2 (1) of Recommendation 2003 /361/EC with 750 or more employees and the volume of which Business is equal to or greater than 200 million euros.

3. In order to determine the number of employees and the turnover of applicants other than micro or small and medium-sized enterprises, the same calculation criteria as set out for those in Recommendation 2003 /361/EC of the European Parliament and of the Council Commission.

4. The company must demonstrate economic viability.

Regardless of the above, those companies in which one of the following circumstances concur cannot be beneficiaries of this aid:

(a) Where the applicant company is in a crisis situation, as defined in the Community guidelines on State aid for rescuing and restructuring firms in difficulty, in accordance with the Guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (Communication 2014 /C 249/01 of the Commission of 31 July 2014).

(b) Where the applicant company is in the process of applying for the declaration of a voluntary tender, it has been declared insolvent in any proceedings, found to be in competition, unless the applicant has acquired the effectiveness of an agreement, to be subject to judicial intervention or to have been disabled according to Law 22/2003, of July 9, Bankruptcy, without the end of the period of disablement fixed in the judgment of qualification of the contest.

(c) Where it is not established that the applicant company is aware of its tax and social security obligations, as well as its obligations for reimbursement of subsidies.

Article 55. Durability.

Beneficiaries will have to maintain investment as provided for in Article 50.5 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

In addition, the durability will be required of the acquirers, in the cases of transmission of the productive activity and of the infrastructures linked to the same object of the aid and must be credited with the competent authority that this circumstance is known and accepted by the acquirers. Otherwise, any alleged drawback would be payable on the original beneficiary of the aid.

Article 56. Eligible actions, operations and expenditure.

1. Actions relating to tangible or intangible investments described in Annex XVI shall be admissible.

2. Eligible expenditure shall be those referred to in Article 17 of Commission Regulation (EC) No 555/2008 of 27 June 2008 in paragraphs (a) and (b) of Article 17 of Regulation (EC) No 555/2008, and up to 8% of the general expenditure linked to those paragraphs in point (c). General, flat-rate or unforeseen items are not eligible.

3. The expenditure described in Annex XVII shall not be considered eligible.

4. The eligible costs of assistance submitted with an aid application shall meet the following criteria for cost restraint:

(a) In general, the aid applicant must provide at least three offers from different suppliers, prior to the contraction of the undertaking for the work, the provision of service or the delivery of the goods, unless, due to its special characteristics, there is no market sufficient number of entities performing, providing or providing for them, provided that they are in any of the following circumstances:

1. In the case of civil works expenditure, where the amount of eligible expenditure excluding VAT, equals or exceeds EUR 50 000.

2. In the case of expenditure on the purchase of machinery, facilities, supplies and services, where the amount of eligible expenditure, excluding VAT, is equal to or exceeds EUR 18,000.

The choice between the tenders submitted, which must also be provided in conjunction with the application for payment, shall be made in accordance with the criteria of effectiveness and economy, and the choice must be expressly justified when it is not the case most advantageous economic proposal.

(b) Regardless of the above, the expenditure affected by the provisions of Annex XVI.2 may not exceed the maximum allowable amounts considered, so that if the maximum amounts are exceeded in an investment project, the excess will be considered non-eligible expenditure.

In cases of modification of the eligible investment approved in a grant grant, it must be ensured that any new expenditure complies with the provisions of point (a), as well as the above limits are not exceeded. in point (b), it is necessary to record such checks in the processing of the corresponding payment applications.

In addition to the above, the Autonomous Communities will be able to establish more requirements that will result in a greater guarantee of cost moderation.

Article 57. Characteristics of the projects.

1. Investment projects shall be clearly defined by specifying the actions/operations and detailing the concepts of expenditure that make up each operation and the estimated costs of each operation, while respecting the moderation of costs such as Article 77 of Regulation (EC) No 555/2008 is established and, in the case of investments in marketing to be made in other EU countries, different from Spain, the exact location of the investment shall be indicated.

2. Investment projects may be annual or multi-annual, so that the same grant decision may be used to justify operations to be justified to the competent authority in different EAGF exercises, with the following: limitations:

(a) With regard to operations approved for a given EAGF exercise, the beneficiary's justification to the competent authority shall be made before 30 April of that EAGF year, if the Other more restrictive deadlines may be provided for by the competent authority of the Autonomous Community.

(b) In any case, the payment of the aid here shall be made before the end of the EAGF 2018 financial year.

Failure to comply with these deadlines for reasons attributable to the beneficiary may cause the aid to be granted without effect.

3. Investments may not commence prior to the submission of the aid application, except for the expenditure referred to in Annex XVII, 5, (a) and (b), which may be taken into consideration from the 12 months before the date of application.

The initiation of the operations of the investment project prior to the resolution does not imply any commitment on the part of the administration to grant the aid.

Article 58. Submission of requests.

1. Interested parties who meet the required conditions shall submit their request to the competent authority of the autonomous community where the establishment is located where the investment is to be carried out.

However, in the case of a marketing project in another Member State, applications must be addressed to the competent body of the autonomous community where the tax domicile of the applicant is located.

Applications shall be filed directly or through any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, before 1 February of each year. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

However, the Autonomous Communities may provide, for applications in their field of jurisdiction, that both the submission of those applications, and the notifications resulting from them, are made, exclusively or partially by electronic means.

The case must include all the data in the investment project. Both the application model and the corresponding documentation can be established by the autonomous community.

The application may also include the corresponding request for certification of the non-starter of the investment at the time of filing.

2. Investment projects shall, in any event, comply with the provisions of this royal decree and the European Union rules on the investment measure, as well as other applicable legislation and contain, at least the following information: allow your assessment in competitive concurrency: company general information, economic, financial and social information, business information, and technical information.

On the website of the Ministry of Agriculture, Food and the Environment, a form model will be published for information purposes, which allows the development of the requested information, without prejudice to the forms each Autonomous Community considers it appropriate to use for the same purpose, in the field of its competences.

3. The projects submitted shall be sufficiently developed to enable them to be assessed in accordance with the rules and their technical and economic feasibility, in accordance with the criteria set out in Annex XVIII.

Article 59. Processing of requests.

1. The Autonomous Communities shall examine applications as to their compliance with this royal decree and shall require the applicant, where appropriate, to submit the documentation or information to be addressed, or the relevant additional.

2. In accordance with the assessment criteria set out in Annex XVIII, the Autonomous Communities shall draw up an interim list of the selected investment projects prioritised and shall forward it to the Ministry of Agriculture, Food and Agriculture. Environment before 1 May, in electronic form, in accordance with Annex XIX of this royal decree. The documentation set out in Annex XIX shall be accompanied by the documentation.

3. On the basis of the provisional lists of investment projects selected by the Autonomous Communities, the Directorate-General for Food Industry will draw up the proposal for a definitive list and submit it to the Sectoral Conference on Agriculture and Rural Development, taking into account the budgetary allocation available for the EAGF exercise and the reserve of funds needed for the following financial years.

4. Those investment projects which do not reach a minimum of 13 points shall not be included in the proposal for a definitive list.

5. For the resolution of scoring situations which may be presented in the drawing up of the final list referred to in the preceding paragraph, the following priority criteria shall be taken into account in the order shown:

1. First, those investment projects whose applicant is a host to the APA/180/2008 Order of 22 January, or a priority associative entity recognised in agreement with the Royal, will be a priority. Decree 550/2014 of June 27, for the development of the requirements and the procedure for the recognition of the Priority Associative Entities and for their registration and discharge in the National Register of Priority Associative Entities, provided for in Law 13/2013 of 2 August, to promote the integration of cooperatives and other Agri-food associative entities.

2. If the status of a tie still persists, those investment projects whose applicant is a cooperative will be a priority.

3. If the tying situation still persists, those investment projects whose applicant is an SME will be a priority.

Article 60. Resolution.

1. Once informed by the Sectoral Conference of Agriculture and Rural Development the definitive list of the selected investment projects, the autonomous communities will dictate the corresponding resolutions and notify the beneficiaries. The maximum period for the resolution and notification of the procedure shall be six months from the day following the end of the time limit for the submission of applications.

The autonomous community will issue the corresponding reasoned refusals to those cases where the request for aid and the resources that are provided are dismissed. After a period of six months has not been notified to the parties concerned, the parties may understand their application in accordance with Article 25.5 of Law 38/2003 of 17 November.

The resolutions shall indicate the amount of investments considered eligible, the aid granted and the approved implementation schedule.

2. In the case of a positive resolution, within two months of the notification of the granting decision, the beneficiary shall provide the following documentation to the competent body of the relevant autonomous community:

a) An express acceptance of the terms of the grant award.

(b) A document proving the deposit, before the competent authority of the autonomous community, of a guarantee of good execution, in accordance with the conditions laid down in Implementing Regulation (EU) No 908/2014, of the Commission of 6 August 2014, for an amount of 15% of the amount of Community funding, in order to ensure the proper implementation of the project.

3. The obligation, in accordance with Article 23 of Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014, shall be to achieve the final objective of the investment project, with a compliance of at least 70 per cent of the initial budget total approved by resolution of the competent body, provided that the investments made are operational.

4. The Autonomous Community shall inform the Ministry of Agriculture, Food and Environment before 1 December of each year of the acceptances, resignations or withdrawal that have occurred within the procedure, to the effect of have the funds to be released, if any.

Article 61. Modification of investment projects.

1. The beneficiary may request the modification of the operations provided for in an investment project before 1 February of the EAGF financial year approved in resolution.

2. Any modification of the approved investment project involving a change of beneficiary, time limits, variation of the planned operations or schedule of execution, as well as of any specific conditions indicated in the grant resolution, require the prior authorisation of the competent body of the autonomous community following the submission of the relevant application.

In any case, the conditions and limitations outlined below shall be taken into account for their eligibility.

a) No modifications will be supported that alter the project's end goal.

(b) No amendments involving a change of beneficiary shall be accepted or approved unless the new one is the result of a merger process or a transformation of the type of company, the conditions under consideration are not altered. for the granting of the aid and the new beneficiary is required to be durable as provided for in Article 55.

(c) No amendments shall be admissible which involve non-execution under the conditions laid down at least 70% of the initially approved eligible investment.

(d) Changes involving a transfer of payments from one EAGF to another may be authorised by the Autonomous Communities. Where the approval of a modification is to result in an increase in the amount approved for the Autonomous Community in one or more EAGF exercises, the Food Industry Directorate-General shall be asked to draw up a proposal and the submit to a binding report of the Sectoral Conference on Agriculture and Rural Development taking into account the available budgetary allocation.

3. Irrespective of the provisions of this Article, the competent authority of the autonomous community may, exceptionally, approve amendments to the grant decision which do not comply with the conditions laid down in the preceding paragraphs, cases of force majeure or exceptional circumstances within the meaning of Article 31 of Council Regulation (EC) No 73/2009 of 19 January 2009.

4. The amendments which result in an increase in the budgets approved for the investment projects will not result in an increase in the grant.

5. The modifications which result in a decrease in the approved budgets will result in the proportional reduction of the subsidy granted with the following consequences:

(a) The beneficiary maintains its obligation to deposit a good execution guarantee on the basis of the amounts calculated on the initial grant award.

(b) If the grant of a grant had been the subject of a payment resulting from a grant advance, the managing body of the autonomous community concerned shall, where appropriate, initiate the refund procedure, unless the beneficiary has already submitted a valid payment claim that amounts to an amount of aid equal to, or higher, the amount of the advance grant.

6. If changes affecting the score given in accordance with the procedure described in Article 59.2 have been altered, the competent authority of the autonomous community shall reevaluate the application, determining the number of your new score.

The new valuation thus granted as a result of the review should be compared with the final list of selected investment projects reported by the Sectoral Conference on Agriculture and Rural Development. their original grant award was included.

In order to ensure that the economic terms of the grant grant do not exceed those in that list, the grant grant may be reduced, and may be left without effect. in its entirety.

7. The autonomous communities shall communicate the amendments subject to authorisation which have been produced to the Ministry of Agriculture, Food and the Environment before 1 April of the relevant EAGF exercise.

Article 62. Funding.

1. The maximum rates of aid provided for in Article 50 (4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council shall apply to the contribution of the European Union.

2. For investments in other countries of the European Union, their location will be taken into account to determine the percentage of aid.

Article 63. Advances.

1. The beneficiary may submit to the competent authority of the autonomous community an application for an advance which may be granted in accordance with Article 19 (2) of Commission Regulation (EC) No 555/2008 of 27 June 2008.

2. The payment of an advance shall be subject to the establishment of a bank guarantee or equivalent guarantee in favour of the competent authority of the autonomous community for an amount equal to 110 per cent of that advance, in accordance with the conditions laid down in the provided for in Commission Regulation (EC) No 555/2008 of 27 June 2008 and Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014.

3. In order to estimate an application for an advance, it will be essential for the recipient of the grant to grant the request to have accepted the grant and the guarantee of good execution in the terms provided for in this case. decree. The time limit for submitting the application for an advance payment shall be one month from the date following that in which the implementation of those two requirements is established.

In addition, it will be a requirement for the payment of the advance to prove that the applicant company is aware of its tax and social security obligations, as well as its obligations for reimbursement of subsidies.

4. In accordance with Article 19 (2) of Commission Regulation 555/2008 of 27 June 2008, the beneficiaries will have to justify the expenditure of the total amount of the advance on the implementation of the operation or the project two years after its implementation. payment.

5. The autonomous communities shall notify the Ministry of Agriculture, Food and Environment before 1 December of the list of projects they have requested and the amount of the project.

6. The payment of the balance of the aid shall, where appropriate, be deducted from the advance received.

Article 64. Payments.

1. Payments for transactions, which shall be considered as partial payments, may be requested and must meet the same requirements as the final payment.

2. The final payment application shall be accompanied by at least the following documentation:

a) Valued execution memory, with the expense, invoice, and payment ratio ratio. In addition, the execution memory shall include the relationship of the existing differences between the intended and the work, and where appropriate the justification for the exceptional or force majeure.

(b) The beneficiary's statement on the non-application or perception of any other aid for the same investment nor is it immersed in a grant recovery process.

c) Responsible statement regarding the bank account in which the grant income is requested, when this account is not matched with the single account.

(d) In the case of acquisition of buildings, a certificate of an independent valuer duly accredited, or of a duly authorized public body or body, in which the price is credited, must also be provided. the purchase does not exceed the market value, breaking down the value of the land at market prices.

e) Accounts or accounting documents of equivalent probative value, in respect of expenditure, and accreditation of payments.

f) The bank extract from the single account through which payments have been made.

g) Any other documentation required by mandatory regulations, as well as that indicated in the grant resolution in order to prove any of the circumstances or requirements necessary to grant the aid.

3. All payments of the investment project made by the applicant from the date of submission of the aid application shall be made through a single bank account dedicated exclusively for this purpose, except for the expenditure indicated as provided for in points (a) and (b) of Annex XVII.1, in which case there shall be documentary evidence to serve as an audit trail sufficient to permit its control.

4. Payment of the aid shall be subject to the presentation of the investment accounts, as verified by an auditor or audit firm entered in the Official Register of Auditors or, failing that, to the verification by the autonomous community of the invoices and documents mentioned above. This verification shall include at least one on-site inspection for each aid file.

5. The beneficiary shall be entitled to the aid once it has been confirmed that one or more of the operations provided for in the approved application have been carried out and checked on the ground, except in cases of force majeure or circumstances. exceptional within the meaning of Article 2.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

6. If checks are checked that the objective of the investment project has not been met or that at least 70 per cent of the investment budget initially approved has not been implemented, in both cases for reasons other than those of force greater or exceptional circumstances, which must be adequately justified by the recipient of the aid and accepted by the competent authority, shall be required to refund the amounts paid plus interest and shall be forfeited security of good execution.

7. A request for payment may only be considered favourably where the situation of the beneficiary in respect of his or her tax obligations and social security is credited, as well as the reimbursement of subsidies.

Article 65. Release of warranties.

1. The guarantee of good execution shall be valid until the payment of the balance and shall be released when the competent authority agrees to cancel it, after administrative verification and on the ground that the investment project has been carried out, the final objective of the project has been reached, at least 70 percent of the budget initially approved in investments considered to be operational has been implemented and the situation of the beneficiary in respect of its tax obligations is accredited and in the face of social security, as well as the reimbursement of subsidies, except in cases of force majeure or exceptional circumstances within the meaning of Article 2.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

2. The advance guarantee shall be released when the autonomous community has recognised the definitive right to receive the aid in accordance with Article 19 of Commission Regulation (EC) No 555 /2008 of 27 June 2008. In case of no right to the aid, the repayment of the advance amounts shall be required, with the interest generated, or the security shall be forfeited.

Article 66. Assessment and monitoring of the measure.

1. The Ministry of Agriculture, Food and Environment will exchange information, by electronic means, with the Autonomous Communities and the sector to ensure the monitoring of the measure and to promote the proper functioning of the measure.

For these purposes, a database shall be established which shall include the data of the applications in the competent bodies of the Autonomous Communities, which are listed in Annex XX.

2. The autonomous communities shall forward to the Ministry of Agriculture, Food and Environment before 1 November each year, and in respect of the preceding financial year, an annual report on the outcome of the investment projects and the controls performed.

The Ministry of Agriculture, Food and Environment, with the information provided by the Autonomous Communities through the database mentioned in the previous paragraph and the annual reports of the previous paragraph, carry out an annual general assessment report, accompanied where appropriate, by proposals for amendments.

Section 5. Innovation

Article 67. Scope of application.

In order to improve the marketing and competitiveness of wine products, support will be given to tangible or intangible investments for the development of new products, procedures and technologies, related to the products described in Annex VII, Part II to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and which have been produced in the Spanish territory.

Article 68. Beneficiaries.

1. Applications for the financing of the innovation measure may be submitted by undertakings which at the time of the application are producers of the products referred to in the previous Article and the wine producer organisations, recognised in accordance with Article 152 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 developing new products related to the wine or by-products of wine or new products procedures and technologies for the development of wine-growing products.

The projects of the beneficiaries will necessarily have the participation of research and development centers. These centres must prove that they have not received other grants for the same purpose.

2. The applicant shall demonstrate economic viability, except where it is a recognised wine producer organisation in accordance with Article 152 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and is a statutory non-profit organization.

3. Applicants in which one of the following conditions is present may not be eligible for this aid:

(a) Where the applicant is in a crisis situation, as defined in the Guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (Communication 2014 /C 249/01 of the European Parliament and of the Council) Commission, of 31 July 2014).

(b) When in the process of having applied for the declaration of a voluntary tender, it has been declared insolvent in any proceedings, found to be in competition, unless it has acquired the convention, to be subject to judicial intervention or to have been disabled under Law 22/2003, of July 9, without the end of the period of disablement fixed in the judgment of qualification of the contest.

(c) Where it is not established that the applicant is aware of its tax and social security obligations, as well as its obligations for reimbursement of subsidies.

Article 69. Eligible actions and expenditure.

1. Support shall be granted for tangible or intangible investments intended for the transfer of knowledge and/or for the conduct of preparatory and/or pilot studies.

2. Projects for the development of:

shall be considered eligible:

(a) New wine products related to the wine sector or by-products of wine.

(b) New procedures and technologies for the development of wine-growing products.

3. They shall be considered eligible:

(a) Expenditure on foreign personnel, including expenses of researchers, technicians and other auxiliary staff, as long as it is dedicated to the project.

b) Equipment and material expenses, to the extent and during the period in which it is used for the project.

c) Facility adaptation expenses, to the extent that they are used for the project for the duration of the project.

(d) General expenses directly linked to the project up to a maximum of 20%.

4. In the case of companies forced to sell corporate tax, the eligible costs must be accounted for in their fixed assets.

5. The expenditure described in Annex XXI shall not be eligible for consideration.

Article 70. Characteristics of the projects.

1. Projects must demonstrate that a previously achieved discovery is applied and that the products, procedures or technologies used by the applicant are improved.

2. Investment projects may be annual or multi-annual, so that the same grant decision may be used to justify operations to be justified to the competent authority in different EAGF exercises, with the following: limitations:

(a) With regard to operations approved for a given EAGF exercise, the beneficiary's justification to the competent authority shall be made before 30 April of that EAGF year, if the Other more restrictive deadlines may be provided for by the competent authority of the Autonomous Community.

(b) In any case, the payment of the aid here shall be made before the end of the EAGF 2018 financial year.

Failure to comply with these deadlines for reasons attributable to the beneficiary may cause the aid to be granted without effect.

Article 71. Submission of requests.

1. Interested parties who meet the required conditions shall submit their request to the competent authority of the autonomous community where the establishment is located where the investment is to be carried out.

Applications shall be filed directly or through any of the means provided for in Article 38.4 of Law 30/1992, of 26 November, before 1 February of each year. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

However, the Autonomous Communities may provide, for applications in their field of jurisdiction, that both the submission of those applications, and the notifications resulting from them, are made, exclusively or partially by electronic means.

The file must include all the data in the innovation project. Both the application model and the corresponding documentation can be established by the autonomous community.

The application may also include the corresponding request for certification of the non-starter of the investment at the time of filing.

2. Projects shall, in any event, comply with the provisions of this royal decree and the European Union legislation on the measure of innovation, as well as the other applicable legislation.

3. Projects shall be sufficiently developed to enable them to be assessed in accordance with the rules and in accordance with the criteria set out in Annex XXII.

Article 72. Processing requests.

1. The Autonomous Communities shall examine applications as to their compliance with this royal decree and shall require the applicant, where appropriate, to submit the documentation or information to be addressed, or the relevant additional.

2. In accordance with the assessment criteria set out in Annex XXII, the Autonomous Communities shall draw up an interim list of the selected projects and shall forward it to the Ministry of Agriculture, Food and the Environment. before 1 May, in the electronic format, in accordance with Annex XXIII of this royal decree. The documentation of the selected projects listed in Annex XXIII shall be accompanied by the documentation.

3. On the basis of provisional lists of projects selected by the Autonomous Communities, the Food Industry Directorate-General will draw up the proposal for a definitive list and submit it to the binding report of the Sectoral Conference. Agriculture and Rural Development, taking into account the budgetary allocation available for the EAGF exercise and the reserve of funds needed for the following financial years.

Those innovation projects which at the valuation stage do not reach a minimum of 12 points will not be included in the definitive list proposal.

4. The following priority criteria shall be taken into account for the resolution of the scoring situations which may be presented in the drawing up of the final list referred to in the preceding paragraph, in the order shown:

1. First, those investment projects whose applicant is a host to the APA/180/2008 Order of 22 January or a priority associative entity recognised in accordance with the Royal Decree shall be a priority. 550/2014, of June 27.

2. If the status of a tie still persists, those investment projects whose applicant is a recognised wine producer organisation in accordance with Article 152 of Regulation (EU) No 1308/2013 shall be a priority. European Parliament and the Council of 17 December 2013.

3. If the tying situation still persists, those investment projects whose applicant is a cooperative will be a priority.

4. If the tying situation still persists, those investment projects whose applicant is an SME will be a priority.

Article 73. Resolution.

1. Once informed by the Sectoral Conference on Agriculture and Rural Development of the final list of selected innovation projects, the autonomous communities will dictate the relevant decisions and notify the beneficiaries. The maximum period for the resolution and notification of the procedure shall be six months from the day following the end of the time limit for the submission of applications.

The autonomous community will issue the corresponding reasoned refusals to those cases where the request for aid and the resources that are provided are dismissed. After a period of six months has not been notified to the parties concerned, the parties may understand their application in accordance with Article 25.5 of Law 38/2003 of 17 November.

The resolutions shall indicate the amount of investments considered eligible, the aid granted and the approved implementation schedule.

2. In the case of a positive resolution, the beneficiary shall provide the following documentation within two months of the notification of the granting decision to the competent authority of the relevant autonomous community:

a) An express acceptance of the terms of the grant award.

(b) A document proving the deposit with the competent authority of the autonomous community of a guarantee of good execution, in accordance with the conditions laid down in Commission Implementing Regulation (EU) No 908/2014 6 August 2014, amounting to 15 per cent of the amount of Community funding, in order to ensure the proper implementation of the project.

3. The obligation, in accordance with Article 23 of Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014, will be to achieve the final objective of the project, with a compliance of at least 70% of the total budget approved by the Commission. Resolution of the competent body.

4. The Autonomous Community shall inform the Ministry of Agriculture, Food and Environment before 1 December of each year of the acceptances, resignations or withdrawal that have occurred within the procedure, to the effect of have the funds to be released, if any.

Article 74. Modification of projects.

1. The beneficiary may request the modification of the operations provided for in an innovation project before 1 February of the EAGF exercise approved in resolution.

2. Any modification of the approved innovation project involving a change of beneficiary, time-limits, variation of the planned operations or timetable of implementation, as well as of any specific conditions indicated in the grant resolution, require the prior authorisation of the competent body of the autonomous community following the submission of the relevant application.

In any case for eligibility, the following conditions and limitations shall be taken into account.

a) No modifications will be supported that alter the project's end goal.

(b) No amendments involving a change of beneficiary shall be accepted or approved unless the new one is the result of a merger process or a transformation of the type of company, the conditions under consideration are not altered. for the granting of the aid.

(c) No amendments shall be admissible which involve non-execution under the conditions laid down at least 70% of the initially approved eligible investment.

(d) Changes involving a transfer of payments from one EAGF to another may be authorised by the Autonomous Communities. Where the approval of a modification is to result in an increase in the amount approved for the Autonomous Community in one or more EAGF exercises, the Food Industry Directorate-General shall be asked to draw up a proposal and the submit to a binding report of the Sectoral Conference on Agriculture and Rural Development taking into account the available budgetary allocation.

3. Irrespective of the provisions of this Article, the competent authority of the autonomous community may, exceptionally, approve amendments to the grant decision which do not comply with the conditions laid down in the preceding paragraphs, cases of force majeure or exceptional circumstances within the meaning of Article 31 of Council Regulation (EC) No 73/2009 of 19 January 2009.

4. The amendments which result in an increase in the budgets approved for the investment projects will not result in an increase in the grant.

5. The modifications which result in a decrease in the approved budgets will result in the proportional reduction of the subsidy granted with the following consequences:

(a) The beneficiary maintains its obligation to deposit a good execution guarantee on the basis of the amounts calculated on the initial grant award.

(b) If the grant of a grant had been the subject of a payment resulting from a grant advance, the managing body of the autonomous community concerned shall, where appropriate, initiate the refund procedure, unless the beneficiary has already submitted a valid payment claim that amounts to an aid amount equal to or greater than the advance grant amount.

6. If changes affecting the score given in accordance with the procedure described in Article 72.2 have been altered, the competent authority of the autonomous community shall reevaluate the application, determining the number of your new score.

The new valuation thus granted as a result of the review should be compared with the final list of selected investment projects reported by the Sectoral Conference on Agriculture and Rural Development. their original grant award was included.

In order to ensure that the economic terms of the grant award do not exceed those in that list corresponding to the new score, the grant grant may be reduced, and may be left without effect in its entirety.

7. The autonomous communities shall communicate the amendments subject to authorisation which have been produced to the Ministry of Agriculture, Food and the Environment before 1 April of the relevant EAGF exercise.

Article 75. Funding.

The maximum aid rates provided for in Article 51 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council shall apply to the contribution of the European Union.

Article 76. Advances.

1. The beneficiary may submit to the competent authority of the autonomous community an application for an advance which may be granted in accordance with Article 19 (2) of Regulation (EC) No 555/2008.

2. The payment of an advance shall be subject to the establishment of a bank guarantee or equivalent guarantee in favour of the competent authority of the autonomous community, of an amount equal to 110 per cent of that advance, in accordance with the conditions laid down in the provided for in Commission Regulation (EC) No 555/2008 of 27 June 2008 and Commission Implementing Regulation (EU) No 908/2014 of 6 August 2014.

3. In order to estimate an application for an advance, it will be essential for the recipient of the grant to grant the request to have accepted the grant and the guarantee of good execution in the terms provided for in this case. decree. The time limit for submitting the application for an advance payment shall be one month from the date following that in which the implementation of those two requirements is established.

In addition, it will be a requirement for the payment of the advance to prove that the applicant company is aware of its tax and social security obligations, as well as its obligations for reimbursement of subsidies.

4. In accordance with Article 19 (2) of Commission Regulation 555/2008, the beneficiaries shall be required to spend the total amount of the advance on the implementation of the project two years after their payment.

5. The autonomous communities shall notify the Ministry of Agriculture, Food and Environment before 1 December of the list of projects they have requested and the amount of the project.

6. The payment of the balance of the aid shall, where appropriate, be deducted from the advance received.

Article 77. Payments.

1. Payments for transactions, which shall be considered as partial payments, may be requested and must meet the same requirements as the final payment.

2. The final payment application shall be accompanied by at least the following documentation:

a) Valued execution memory, with the expense, invoice, and payment ratio ratio. In addition, the execution memory shall include the relationship of the existing differences between the intended and the work, and where appropriate the justification for the exceptional or force majeure.

(b) The beneficiary's statement on the non-application or perception of any other aid for the same investment nor is it immersed in a grant recovery process.

c) Responsible statement regarding the bank account in which the grant income is requested, when this account is not matched with the single account.

(d) Invoices or accounting documents of equivalent probative value, in respect of expenditure, and accreditation of payments.

e) Banking extract from the single account through which payments have been made.

(f) Any other documentation required by mandatory regulations, as well as the documentation indicated in the grant resolution in order to prove any of the circumstances or requirements necessary to grant the aid.

3. All project payments made by the applicant from the date of submission of the aid application must be made through a single bank account dedicated exclusively for this purpose.

4. Payment of the aid shall be subject to the presentation of the investment accounts, as verified by an auditor or audit firm entered in the Official Register of Auditors or, failing that, to the verification by the autonomous community of the invoices and documents mentioned above. This verification shall include at least one on-site inspection for each aid file.

5. The beneficiary shall be entitled to the aid once it has been confirmed that one or more of the operations provided for in the approved application have been carried out and checked on the ground, except in cases of force majeure or circumstances. exceptional within the meaning of Article 2.2 of Regulation 1306/2013 of the European Parliament and of the Council of 17 December 2013.

6. If checks are checked that the objective of the investment project has not been met or that at least 70 per cent of the investment budget initially approved has not been implemented, in both cases for reasons other than those of force greater or exceptional circumstances, which must be adequately justified by the recipient of the aid and accepted by the competent authority, shall be required to refund the amounts paid plus interest, and shall be forfeited the guarantee of good execution.

Only a request for payment may be considered favourably where the beneficiary's situation with respect to its tax obligations and social security obligations, as well as the reimbursement of grants, is credited.

Article 78. Release of warranties.

1. The guarantee of good execution shall be valid until the payment of the balance and shall be released when the competent authority agrees to cancel it, after administrative verification and on the ground that the project has been carried out and the implementation of at least 70 percent of the budget initially approved in projects considered operational and the situation of the beneficiary in respect of its tax obligations and the Social Security, as well as for the reimbursement of grants, except in cases of force majeure or exceptional circumstances within the meaning of the Article 2.2 of Regulation No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

2. The advance guarantee shall be released where the autonomous community has recognised the definitive right to receive the aid in accordance with Article 19 of Commission Regulation (EC) No 555/2008 of 27 June 2008. In case of no right to the aid, the repayment of the advance amounts shall be required, with the interest generated, or the security shall be forfeited.

Article 79. Assessment and monitoring of the measure.

1. The Ministry of Agriculture, Food and Environment will exchange information electronically with the Autonomous Communities and the sector to ensure the monitoring of the measure and to promote the proper functioning of the measure.

For these purposes, a database shall be established which shall include the data of the applications in the competent bodies of the Autonomous Communities, which are listed in Annex XXIV.

2. The autonomous communities shall forward to the Ministry of Agriculture, Food and Environment before 1 November each year, and in respect of the preceding financial year, an annual report on the outcome of the innovation projects and the controls performed.

The Ministry of Agriculture, Food and Environment, with the information provided by the Autonomous Communities through the database mentioned in the previous paragraph and the annual reports of the previous paragraph, carry out an annual general assessment report, accompanied where appropriate, by proposals for amendments.

Section 6. Harvest in green

Article 80. Scope of application.

1. In order to avoid market crises and to regain the balance of supply and demand in the wine market, the Ministry of Agriculture, Food and the Environment may decide before 15 April each year on request. duly justified by one or more autonomous communities, to grant aid for the green harvest referred to in Article 47 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on one or more of the the whole of the national territory.

The Ministry of Agriculture, Food and the Environment, based on an analysis of the market situation, will determine, among others, the maximum area that may be entitled to the green harvest aid to withdraw from the market a volume of production on the basis of average yield per hectare, as well as the coefficient referred to in Article 87.3, which may not exceed 50 per cent.

2. Green harvesting shall mean the total destruction or elimination of bunches of grapes when they are still immature, so that the yield of the plot is reduced to zero, without the possibility of grapes being harvested in the vineyard plot. object of the help.

Article 81. Beneficiaries.

1. Wine growers whose vineyards are intended for the production of grapes for wine-making shall be eligible for aid for the harvest in green.

2. It shall not be possible for beneficiaries to contravene the rules in force in the field of vineyard plantings for any of the areas of vineyard on their holding, as in the case of compulsory declarations under Article 18 of the Treaty. Commission Regulation (EC) No 436/2009 of 26 May 2009.

Article 82. Eligibility requirements.

1. Applications for complete plots for wine-growing grapes may be eligible for aid for the green harvest only. Applications shall be made for a minimum area of 0,3 hectares or more.

2. It shall not be eligible for aid for the green harvest on the same surface for two consecutive marketing years, or vineyard plots planted in the three marketing years preceding that in which the green harvest aid is requested.

3. The green harvest may be performed manually, mechanically and chemically.

Article 83. Submission of requests for help.

1. Where the decision is taken in accordance with Article 80.1, the aid application shall be submitted between 15 April and 15 May to the competent authority of the autonomous community where the vineyard parcels are situated on request. to harvest in green, directly or through any of the places provided for in Law 30/1992, of November 26. The electronic submission of applications shall also be permitted in accordance with the provisions of Law 11/2007 of 22 June.

2. The winegrowers shall, together with the aid application, provide at least the following information:

a) Localization and plot on which you want to harvest green.

b) The average yield of the plot on which the green harvest is to be carried out considering the average of the last three campaigns. Where the specific production of the parcels covered by the aid application is not known, the average yield shall be calculated taking into account the total production declared according to the type of wine in which the parcel concerned is located. aid application, divided between the total area declared for that type of wine. This total production according to the type of wine corresponds to that declared according to the breakdown of vineyard data set out in Table B of Annex II b to Royal Decree 1303/2009 of 31 July 2009 on compulsory declarations in the wine sector and by The amendment of Royal Decree 1244/2008 of 18 July 2008 governing the potential for vineyard production.

c) The variety of grapes and the type of wine produced according to the harvest declaration of the previous marketing year.

d) Shape of green harvesting: own resources or per company.

3. The competent authority of the autonomous community shall forward to the Ministry of Agriculture, Food and the Environment before 1 June the information on the applications submitted after the eligibility conditions have been verified. For each application the minimum data in Annex XXV shall be submitted.

Article 84. Priority criteria.

In the case where the total requested area or the estimated volume of withdrawal wine exceeds the estimates laid down by the Ministry of Agriculture and Food as referred to in Article 80, the priority to applications involving a further potential withdrawal of wine, and within them to those which come from holdings of shared ownership in accordance with Law 35/2011 of 4 October.

Article 85. Acceptance of requests.

1. Once agreed by the Sectoral Conference on Agriculture and Rural Development, the budgetary availability for a particular exercise for the harvest measure in green, the Ministry of Agriculture, Food and Environment will communicate to the autonomous communities before 1 July applications for which there is budgetary availability.

2. The autonomous communities will resolve the requests and notify them to the stakeholders.

3. In order to enable the appropriate checks to be carried out, the beneficiaries shall inform the competent authority of the date of implementation of the harvest in green, which may be considered as a request for payment of the aid. The implementation of the green harvest by the beneficiary must be carried out before 20 July.

Article 86. Controls.

1. In accordance with Article 12.1 (b) of Commission Regulation 555/2008, checks shall be carried out before 31 July of each year.

2. For the purposes of compliance with Article 12.1 (a) (iii) of that Regulation, the autonomous communities shall ensure that the areas concerned are maintained in good vegetative condition, that the environmental provisions are complied with and Plant health plants.

Article 87. Calculation of the aid.

1. The green harvest aid shall be calculated by adding compensation for the direct costs of destruction or removal of the bunches of grapes and another for the loss of income linked to the destruction or elimination of bunches of grapes, It should be aligned with the provisions of Article 14 of the Regulation.

2. The autonomous communities which provide for this aid in accordance with Article 80.1 of this royal decree shall set a compensation for the loss of income which shall be calculated as 25 per cent of the average value of the grapes of the three Last campaigns in the territorial area where the plot of vineyard object of the harvest in green is located, that the autonomous community will have to define.

3. The autonomous communities which provide for this aid in accordance with Article 80.1 of this royal decree shall fix a maximum amount per hectare of the direct costs of destruction or removal of the bunches of grapes for each of the elimination, manual, mechanical or chemical forms. The autonomous communities may decide that the green harvest may be carried out with their own means, in which case the amounts to be applied shall be calculated on the basis of an exact calculation of the actual costs of each type of operation.

Compensation for direct costs of destruction or removal of bunches of grapes will be the result of applying the coefficient to be fixed by the Ministry of Agriculture, Food and the Environment to the maximum amount established by the Autonomous Community. The amount collected shall in no case be higher than that resulting from the application of the said coefficient on expenditure actually incurred and credited by means of invoice and proof of payment where the green harvest has not been carried out by the beneficiary itself.

4. The autonomous communities which provide for the aid in accordance with Article 80.1 shall send to the Ministry of Agriculture, Food and Environment, together with the application referred to in that paragraph, the quantities laid down in the paragraphs 2 and 3 of this Article.

5. In order to determine the amount of aid for the green harvest of a vineyard area, the autonomous communities shall carry out a measurement of the plot in which the green harvest has been carried out in accordance with the method referred to in Article 75 of the Regulation (EC) No 555/2008.

6. Aid shall not be paid in the event of total or partial loss of production before the date of harvest in green as a result of a natural disaster.

For the purposes of the previous paragraph, it will be considered that there has been a natural disaster when due to weather conditions such as frost, hail, rain or drought, more than 30% of the production will be destroyed. calculated as the annual average for a given farmer during the preceding three-year period or a three-year average based on the previous five years excluding the highest figure and the lowest figure.

Article 88. Payment of the aid to the beneficiaries.

1. The aid shall be paid for the amount calculated in accordance with Article 87 and once it has been established on the ground that the measure has been properly implemented.

2. The autonomous community shall issue a payment resolution and make the payment to the beneficiary within a maximum of six months from the date of the payment resolution.

Article 89. Penalties.

In the event that a viticultor does not execute the green harvest on approved plots, it will be considered a minor infringement as provided for in Article 38.1.g of Law 24/2003 of July 10, and will be sanctioned in accordance with the provisions of Article 42.1 of that law, except for reasons of force majeure or exceptional circumstances.

Article 90. Communications.

The Autonomous Communities shall forward to the Ministry of Agriculture, Food and Environment before 15 November each year and in respect of the previous year, a report on the implementation of the green harvest containing at least the information contained in Annex XXVI.

Article 91. Conditionality.

If it is found that a beneficiary, at any time during a period of three years from 1 January of the calendar year in which the first payment was made under this Section, has not respected in its exploitation of the statutory management requirements and the good agricultural and environmental conditions referred to in Articles 91, 92, 93, 94 and 95 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the amount of the aid, in case the non-compliance is due to an action or omission attributable directly to the the beneficiary, shall be reduced or cancelled, partially or wholly, depending on the seriousness, extent, persistence and repetition of the non-compliance, and the beneficiary shall reintegrate it if appropriate, in accordance with the provisions set out in those provisions. For the purposes of this cross-compliance control, the autonomous communities shall have up-to-date information on the alphanumeric references SIGPAC of all the parcels forming part of the beneficiary's holding.

CHAPTER III

Control and payment of the aids

Article 92. Controls.

1. The control actions shall be carried out in accordance with the rules of the applicable European Union and in this royal decree. As regards the measure for the restructuring and conversion of vineyards, it shall be applied in particular as laid down in Article 81 of Commission Regulation (EC) No 555/2008 of 27 June 2008. For investment measures, it shall be as provided for in Chapters I and II of Title V of Commission Regulation (EC) No 555/2008 of 27 June 2008 on the implementation of the measures.

2. The autonomous communities shall articulate the control measures necessary to ensure compliance with the measures provided for in a general control plan drawn up by the Spanish Agricultural Guarantee Fund in coordination with them. In the case of the restructuring and conversion of vineyards, the general plan referred to shall take into account the vineyard register of the autonomous community concerned.

3. In addition to the general control plan to be established, the competent authorities may develop as many control actions as they consider necessary.

4. For area-related aid, administrative and on-the-spot checks shall be established taking into account the general principles of the integrated management and control system provided for in Regulation (EU) No 1307/2013. European Parliament and the Council of 17 December 2013

Article 93. Payment.

The granting and payment or refusal of the aid referred to in this royal decree corresponds to the competent authority of the autonomous community where the aid is presented.

The aid covered by this royal decree will be financed from the European Agricultural Guarantee Fund.

Article 94. Undue payments and penalties.

1. The beneficiary shall reintegrate the undue payments together with the interest, as laid down in Article 97 of Commission Regulation (EC) No 555/2008 of 27 June 2008. The interest rate to be applied will be the rate of delay set out in the corresponding State General Budget Law.

2. Failure to comply with the provisions of this royal decree shall be punished, subject to the instruction of the sanctioning procedure, as provided for in Articles 37 to 45 of Law 24/2003 of 10 July, and Articles 52 to 69 of Law 38/2003, 17 November.

Article 95. Communication on advances.

1. For advances granted in the promotion measure in third country markets under Article 14, the beneficiary shall make each year the paying agency before 31 July together with the application for payment of the balance of the annuity. corresponding, a statement of the expenses to be justified, the use of the advances in the corresponding annuity and the confirmation of the remaining balance of the unused advance. That statement of expenditure justifying the use of advances shall be made for the first time for the claims for balance relating to annuity 2014.

2. In the case of advances granted in the product distillation measure in accordance with Article 49, the beneficiary shall make each year the paying agency before 20 July, together with the request for payment of the balance, a statement of expenditure. to justify the use of the advances in the relevant EAGF and the confirmation of the remaining balance of the unused advance. That statement of expenditure justifying the use of advances shall be made for the first time for the balance requests for the EAGF 2014 financial year.

3. In the case of advances granted for the restructuring and conversion of vineyards, pursuant to Article 33, the beneficiaries shall communicate each year to the paying agency before 31 October a statement of expenditure justifying the use of the of the advances until 15 October, and the confirmation of the remaining balance of the advances not used on 15 October. That statement of expenditure shall be made for the first time before 31 October 2015.

4. For advances granted to the investment measure, pursuant to Article 63, the beneficiaries shall communicate each year to the paying agency, before 31 October, a statement of expenditure justifying the use of the advances up to 15%. and the confirmation of the remaining balance of the advances not used on 15 October. That statement of expenditure shall be made for the first time before 31 October 2015.

5. For advances granted to the innovation measure, pursuant to Article 76, the beneficiaries must notify each year to the paying agency before 31 October of a statement of expenditure justifying the use of the advances up to 15% of the The remaining balance of the advances not used on 15 October. That statement of expenditure shall be made for the first time before 31 October 2015.

6. The paying agencies of each autonomous community shall forward to the FEGA the information communicated on the basis of the preceding paragraphs before 20 January for referral to the European Commission.

7. For the purposes of Article 27.1 (a) of Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 on the release of the security, the evidence of the right to final grant to be submitted shall be the last declaration of costs and the confirmation of the balance referred to in paragraphs 1 to 5.

Article 96. Compatibility of the aid.

The funds of the National Support Programme shall not be financed by the measures that are included in the Rural Development programmes under Regulation (EC) No 1698/2005 of the Council of 20 September 2005 and of the Regulation 1305/2013 on support for rural development, information and promotion operations for agricultural products on the internal market and in third countries as set out in Article 2.3 of Regulation (EC) No 3/2008 of the Council of 17 December 2007 and the measures set out in Commission Regulation (EC) 1040/2002 of 14 December 2007 June 2002 laying down detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant health and repealing Regulation (EC) No 2051/97, or other measures financed by financial instruments of the European Union. However, for the investment measure and as provided for in Article 59.1, the investment commitments adopted since 1 July 2014 for the products referred to in Annex XIb to Regulation (EC) No 1234/2007 of the European Parliament and of the Council Council, of 22 October 2007, shall be financed exclusively from the funds of the Support Programme for the Spanish wine sector.

In no case will this aid be accumulated or supplemented by other national aid or by the autonomous communities dedicated to the same purpose.

Single additional disposition. Means and containment of expenditure.

The establishment and functioning of the Commission provided for in Article 10, and of the Committee governed by Article 19, shall not entail an increase in expenditure, and shall be taken into account with the personal and material resources existing in the Directorate-General. Food Industry General of the Ministry of Agriculture, Food and Environment.

Likewise, the rest of the measures provided for in this royal decree will not be able to increase appropriations, salaries or other personnel costs.

First transient disposition. Restructuring and conversion of vineyards.

With regard to the restructuring and reconversion of vineyards, the financial years 2014 to 2018 will be paid for the measures completed at 31 July 2013, and which have not been paid before 15 October 2013, to which The requirements and conditions will be set out in Royal Decree 244/2009 of 27 February 2009 for the implementation of the measures of the Spanish wine sector support programme.

The measures approved and not finalised at 31 July 2013 shall be settled or paid out of the financial years 2014 to 2018, in accordance with the amounts and operations set out in Annex XII to this Royal Decree. The Autonomous Communities may determine that they are executed in accordance with the requirements and conditions laid down in this royal decree.

In the cases described in the previous two paragraphs, the European Union's contribution to the costs of restructuring and reconversion of vineyards will not exceed 75% in the convergence regions according to the classification of the Regulation (EC) No 1083/2006 and 50% in the other regions.

Second transient disposition. Investments.

The fourth section of this royal decree will not apply to applications submitted before 1 February 2015, to which the fourth section of Royal Decree 548/2013 of 19 July 2013 will apply for the application of the measures of the 2014-2018 support programme for the Spanish wine sector.

Transitional provision third. Innovation.

Applications submitted from 1 February 2014 until the entry into force of this royal decree for the development of new products, procedures and technologies as provided for in Article 49 of the Royal Decree 548/2013 of 19 July 2013, which refers to Annex XV, paragraph B, shall be construed as being submitted for the measure of innovation in accordance with the provisions of the fifth section of this royal decree.

Repeal provision. Regulatory repeal.

Royal Decree 548/2013 of 19 July 2013 is hereby repealed for the implementation of the 2014-2018 support programme measures for the Spanish wine sector.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13. of the Constitution which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity, except for the first section of Chapter II, which is issued under the provisions of Article 149.1.10. of the Constitution which confers exclusive competence on the State in matters of foreign trade.

Final disposition second. Ability to modify.

The Minister of Agriculture, Food and the Environment is empowered to amend both the amounts referred to in Article 32 and the Annexes to this royal decree when such amendments are required. as a result of European Union legislation. In addition, it may amend the dates and deadlines contained in this provision.

Final disposition third. Duty of information.

The Ministry of Agriculture, Food and the Environment and the Autonomous Communities will, preferably by electronic means, provide the information necessary to facilitate the monitoring of the provisions referred to in the this royal decree.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official Gazette of the State", with the exception of Annex XVIII on valuation criteria in the investment measure, which will enter into force on 1 February 2015.

Given in Madrid, on December 19, 2014.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

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