The raw or raw tobacco sector has an organizational framework that has contributed, to a large extent, to a better adaptation of the supply to the demand for raw tobacco, in quantity and quality; to adequate remuneration for the tobacco leaf; as well as to circumvent illicit trade.

The various Community aids in this sector have been, to a large extent, the vector for the establishment of this high level of integration. However, the successive reforms of the Common Agricultural Policy (CAP) have, in particular in the case of this sector, pursued their increased market orientation through a gradual decline in the level of Community support. Thus, from 2015 onwards, the possibility of granting aid associated with tobacco cultivation in the framework of the direct payments system of the first pillar of the CAP disappears.

This new situation makes it more appropriate than ever to support the maintenance and improvement of the sectoral management achieved by applying to this sector the provisions relating to producer organisations and their associations listed in 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 1037/2001 and (EC) No 1234/2007.

On the basis of this regulation, the recognition and purposes of the tobacco producers ' organizations and their associations are established in this royal decree, with a transitional provision to give the possibility to the groups of tobacco producers existing in 2014, under national law, to be recognised as producer organisations under the new rules.

It is also regulated by this royal decree that an organization or association of tobacco producers ' organizations, which meets minimum requirements for representativeness, can extend to others operators a given agreement, decision or concerted practice, within the constituency or economic constituencies in which it operates. This provides for a procedure for defining such constituencies, as well as for the extension of rules.

Another of the key aspects that have contributed to the organization of the sector is the fact that, for the perception of the various aids in force at each moment, the conclusion of contracts written for the delivery of the tobacco between the production and first processing stages. The procurement has provided stability and guarantee for the commercial exit of the production of raw tobacco, and has contributed to the qualitative improvement of the tobacco leaf, due to the requirement of minimum requirements and the remuneration of the tobacco based on the qualitative level.

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 gives the Member States the option of making all deliveries, on their territory, of a certain agricultural product to which the regulates, they are the subject of a written contract.

Taking into account all of the above, it is stated in this royal decree that the transactions of raw tobacco in our country, between the phases of production and the first transformation, will be carried out through contracts. in writing between the parties, for which the minimum content of the parties is laid down. In addition, contracts must be communicated to the competent authorities so that they can be followed up by the sector.

In relation to the latter, this royal decree provides for a chapter on the communication of information to the competent authorities, which must be transferred to the European Commission under Regulation (EC) No 2095/2005 Commission Decision of 20 December 2005 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the communication of information on tobacco. In order to obtain the data, the collaboration of the first processing companies, through the provision of the information on deliveries, prices and stocks of raw tobacco, will be essential.

On the other hand, bearing in mind that the provisions relating to producer organisations and their associations are contained in this royal decree and that no provision of the regulated by the former is in force the common organisation of the market in tobacco, in which the aid scheme was linked to guarantee thresholds and processing quotas and the premium was settled through the first processing undertakings, the Royal Decree 684/2002 should be repealed, of 12 July, on the regulation of the raw tobacco sector.

This royal decree has been submitted to the autonomous communities and affected sectors.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 21 November 2014,

DISPONGO:

CHAPTER I

Preliminary Provisions

Article 1. Object.

This royal decree aims to establish the basic rules applicable in the raw tobacco sector in respect of:

a) Recognition of producer organizations and their associations.

(b) The extension of the rules to all operators in the raw tobacco sector operating within the economic constituencies which, for each case, are determined.

c) The contractual relationships between the primary and first transformation stages of production.

(d) The notification of information in accordance with Commission Regulation (EC) No 2095/2005 of 20 December 2005 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 on the refers to the communication of information on tobacco.

Article 2. Definitions.

For the purposes of this royal decree the following definitions apply:

(a) Raw tobacco or raw tobacco: Unworked, and waste thereof, falling within CN code 2401 of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the tariff common customs.

(b) Crude tobacco producer: Any natural or legal person who uses raw tobacco and, after his/her curing, delivers it in the framework of a cultivation contract for its first processing.

c) First raw tobacco processing: the set of operations performed on the tobacco leaf after its curing, prior to delivery to the manufacturing industry for inclusion in tobacco products.

(d) Delivery of raw tobacco: the transfer of raw tobacco to a third party, by a producer under a cultivation contract, with a destination for its first transformation into facilities enabled for that purpose.

e) Groups of varieties of raw tobacco: those listed in Annex I of this royal decree.

CHAPTER II

Organizations of raw tobacco producers and their associations

Article 3. Purposes and requirements of producer organisations.

1. All entities with their own legal personality, or a clearly defined part of a legal entity, which so request and meet the requirements laid down in this Regulation, shall be recognised as producer organisations in the raw tobacco sector. 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 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and in this royal decree.

2. Producer organisations shall be constituted on the initiative of their members and shall have at least the following purposes:

a) Concentring the offering and marketing of its members ' products, including direct marketing.

b) Ensure that production is planned and adjusted according to the demand, especially in terms of quality and quantity. To this end, they shall lay down common rules for the notification of production, production and marketing, in particular as regards the quality of tobacco and the use of sustainable cultivation and curing practices.

In addition to these, organisations may pursue one or more of the purposes set out in Article 152 (1) (c) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. 2013.

3. Tobacco producer organisations may not engage in the business of first processing.

4. The organisations shall group a minimum quantity of marketable production of 400 tonnes of raw tobacco, corresponding to a minimum cultivation area of 100 hectares and a minimum number of 75 producers. However, in the isolated production regions of Castilla y León, Navarra and the Basque Country, the minimum marketable quantity shall be 35 tonnes of tobacco, corresponding to a minimum cultivation area of 14 hectares and a number of minimum of 5 producers.

Article 4. Recognition of producer organisations.

1. The recognition of producer organisations shall be:

(a) To the competent body of the autonomous community, where the geographical scope of the entity does not exceed that of an autonomous community. However, where the geographical scope of the institution exceeds that of an autonomous community and at least 90% of the growing area of the members of the institution is located therein, the recognition shall also correspond to the body competent for that Autonomous Community.

b) To the Ministry of Agriculture, Food and Environment, in other cases.

2. Applications for recognition, accompanied by at least the documentation referred to in Annex II, shall be submitted in the places to be determined by the Autonomous Communities, where appropriate, or in the register of the Ministry. Agriculture, Food and the Environment, before the Directorate General of Agricultural Productions and Markets, when this is the competent body to resolve. In any event, they may be present in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In the application model, the corresponding warnings regarding personal data shall be entered in accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

In addition, when the General Directorate of Agricultural Productions and Markets is competent, the electronic submission of applications through the electronic headquarters of the Ministry of Agriculture, Food and the Environment will be accepted. Environment, as provided for in Law 11/2007, of June 22, of electronic access of citizens to Public Services.

3. The competent body:

(a) It shall give a reasoned decision, granting or refusing recognition within the maximum period of four months from the date of entry of the application into the register of the body responsible for processing. Where the competent body is the Directorate-General for Agricultural Productions and Markets, it may be brought against the relevant decision, which shall be brought before the Secretary-General for Food and Agriculture, within the maximum period of one month. from your notification or publication.

b) Realize, in accordance with an annual control plan, controls to verify compliance by producer organizations of the provisions of this royal decree, without prejudice to the request for cooperation interadministrative with other administrations where necessary.

c) In the event that it depends on an autonomous community, it will inform the Ministry of Agriculture, Food and Environment, through the Directorate General of Agricultural Productions and Markets, by electronic means, of all a decision on the granting, refusal or withdrawal of recognition to an organisation, within a maximum of one month from the date of the relevant administrative act. The information to be submitted is detailed in Annex III. The Ministry of Agriculture, Food and the Environment shall inform the European Commission, in compliance with Article 154 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

4. Recognised producer organisations shall notify the competent authority of any changes that take place in them and which affect the conditions under which it was recognised.

Article 5. Withdrawal of recognition.

1. The competent authority which has issued the judgment of recognition of a producer organisation shall declare that recognition to be extinguished, subject to the appropriate procedure, in the following cases:

(a) Where the institution itself so requests, without prejudice to the fulfilment of the obligations and commitments arising from its status as a producer organisation and the responsibilities that may arise as a result of the the results of the actions carried out during the period in which the institution held the recognition.

b) When the requirements for recognition are no longer met.

(c) Where irregularities are detected in the implementation of the measures referred to in Chapter III of this Royal Decree.

2. However, in the event of non-compliance with the requirements relating to the minimum marketable production, the minimum crop area and the minimum number of producers, the organisation shall have a period of one year to remedy that non-compliance, after which the withdrawal of the recognition shall be effective if the non-compliance persists.

3. Furthermore, in the event of irregularities in the implementation of the measures referred to in Chapter III of this Royal Decree, the decision to withdraw recognition shall assess the extent, severity and persistence of such failure, May, in mild cases, be replaced by a proportionate administrative penalty to repair the damage caused.

Article 6. Statutes and democratic control.

1. Producer organisations in the raw tobacco sector shall have a statute setting out their purposes and regulating their operation, in accordance with Article 153 of Regulation (EU) No 1308/2013, of the European Parliament and of the European Parliament. Council of 17 December 2013 and, in particular, to ensure that the associated producers have the democratic control of their organisation and of the decisions it takes.

2. The statutes shall also include an obligation for its producer members to market the entire production of tobacco, prepared in accordance with common rules, through the producer organisation.

Article 7. Basic rules of accession.

1. A producer of raw tobacco may only belong to a producer organisation. The minimum period of accession shall be one year.

2. The statutes shall indicate the body competent in the organisation to decide on the ups and downs of the tobacco producing members.

3. They shall also include provisions ensuring that producer partners who wish to give up their status may do so, after having taken part, at least one year after their accession to the producer organisation, to the condition that they are notified in writing at least one month in advance. These provisions shall apply without prejudice to national laws or regulations which are intended to protect the organisation of producers or their creditors in certain cases against the financial consequences of which the may be derived from the loss of a member, or prevent the departure of a member during the financial year.

Article 8. Associations of producer organisations.

1. They shall be recognised as associations of producer organisations in the raw tobacco sector, all entities formed by producer organisations recognised in accordance with the provisions of this royal decree, which have own legal personality, which so request and which meet the requirements set out in this royal decree.

2. Associations of producer organisations shall be constituted on the initiative of the organisations and may carry out any of the purposes of the producer organisations referred to in Article 3.

3. The provisions on recognition of producer organisations and withdrawal of recognition, as provided for in Articles 4 and 5 respectively, apply mutatis mutandis the recognition of associations of organisations of producers.

Article 9. State registration of organizations and associations of organizations of raw tobacco producers.

1. The Ministry of Agriculture, Food and Environment, the Ministry of Agriculture, Food and Environment, the State Register of organizations and associations of organizations of raw tobacco producers, is hereby established.

2. In this register they shall consist of the entities so recognised by the Directorate-General or by the Autonomous Communities, their name, registered office and contact elements.

3. This Register, which will be set up in a computerised database, will be published through the Ministry of Agriculture, Food and Environment's website.

CHAPTER III

Extension of the rules

Article 10. Parameters that define the economic constituencies.

1. The economic constituencies for production and homogeneous marketing, as referred to in Article 164 (2) of Regulation (EC) No 1308/2013, of the European Parliament and of the Council of 17 December 2013, shall be defined by means of following parameters:

a) Group or groups of raw tobacco varieties affected by the constituency.

(b) homogeneous production and marketing conditions of the group or groups of raw tobacco varieties for which the division is established.

c) Geographical delimitation of the constituency, defined with the relation of the municipal terms it covers.

Article 11. Establishment of economic constituencies.

1. Applications for the establishment of economic constituencies shall be submitted by an organisation or association of recognised producer organisations which is representative, and may cover municipalities located in one or more of the regions. autonomous communities provided that the homogeneity of the conditions for the production and marketing of the group or groups of varieties to which it affects is justified.

2. For an organisation or association of producer organisations to be considered representative within the economic area in which it operates, it shall represent, in respect of the group or groups of varieties to which it affects, at least:

a) Two-thirds of the total production volume.

b) And more than 50% of the producers.

3. The establishment of an economic division shall be the responsibility of the competent body which has issued the decision to recognise the organisation or association of producer organisations which it requests, in accordance with the provisions of the Article 4 (1).

4. Applications, accompanied by at least the documentation referred to in Annex IV, shall be submitted in the places to be determined by the autonomous communities, where appropriate, or in the register of the Ministry of Agriculture, Food and the Environment, before the Directorate General of Agricultural Productions and Markets, when this is the competent organ to resolve. In any event, they may be present in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In the application model, the corresponding warnings regarding personal data shall be entered in accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

In addition, when the General Directorate of Agricultural Productions and Markets is competent, the electronic submission of applications through the electronic headquarters of the Ministry of Agriculture, Food and the Environment will be accepted. Environment, as provided for in Law 11/2007, of June 22.

5. The competent body:

(a) It shall draw up the census of producers referred to in Article 12 of this Royal Decree. Where the geographical scope of the constituency exceeds that of an autonomous community, the census shall be drawn up in collaboration with all the autonomous communities concerned.

(b) It shall give a reasoned decision on the establishment or not of the constituency within the maximum period of six months from the date of entry of the application into the register of the body responsible for processing. Where the competent body is the Directorate-General for Agricultural Productions and Markets, it may be brought against the relevant decision, which shall be brought before the Secretary-General for Food and Agriculture, within the maximum period of one month. from your notification or publication.

c) In the event that it depends on an autonomous community, it will inform the Ministry of Agriculture, Food and Environment, through the Directorate General of Agricultural Productions and Markets, by electronic means, of all a decision on the establishment or amendment of a constituency within a period of not more than one month from the date of the relevant administrative act. The information to be submitted is detailed in Annex V. The Ministry of Agriculture, Food and the Environment shall inform the European Commission, in compliance with Article 164 of Regulation (EU) No 1308/2013, of the European Parliament and of the Council of 17 December 2013.

Article 12. Census of producers operating in an economic constituency.

For the purposes of determining the representativeness of an organisation or association of recognised producer organisations, in the field of an economic area, in accordance with Article 11 (2), the body A census of producers operating in that economic area shall be drawn up by the competent authority for the establishment of an economic division. The census shall include all producers in the group or groups of varieties for which the division is established, which exercise their activity in the geographical area of the census.

Article 13. Amendment of an established economic constituency.

For the modification of an already established economic constituency, the provisions for the establishment of the same in this royal decree will apply.

Article 14. Extension of rules in economic constituencies.

1. An organisation or association of recognised producer organisations which is considered representative in the economic area in which it operates, in accordance with Article 11 (2) of this Royal Decree, may request that some of the the agreements, decisions or concerted practices agreed within the framework of that entity are binding on other operators, individual or grouped, operating in that constituency and not belonging to the organisation or association, for a period limited to the intended purpose.

2. The organisation or association of producer organisations applying for an extension of rules shall have the necessary means to ensure compliance with the rules to be imposed in the geographical area of the constituency.

3. The rules for which an extension may be applied to other operators shall have one of the objectives and comply with the conditions laid down in Article 164 (4) of Regulation (EC) No 1308/2013 of the European Parliament and of the Council. Council of 17 December 2013, in particular as regards compliance with the competition rules.

4. Applications for the extension of rules, accompanied, at least, by the documentation referred to in Annex VI, shall be submitted to the competent authority which issued the decision on the establishment of the economic division to which it applies, in accordance with the Article 11 (3) of this royal decree. In any event, they may be present in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In the application model, the corresponding warnings regarding personal data shall be entered in accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

In addition, when the General Directorate of Agricultural Productions and Markets is competent, the electronic submission of applications through the electronic headquarters of the Ministry of Agriculture, Food and the Environment will be accepted. Environment, as provided for in Law 11/2007, of June 22.

5. The competent body:

(a) Examine the application for the extension of the rules submitted, verifying the accuracy of the documentation provided, the representativeness of the requesting entity, as well as the consistency of the rules to be extended and their adequacy to the Article 164 (4) of Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(b) It shall give a reasoned decision declaring or not binding the rules for all the producers in the constituency concerned for the period requested, within the maximum period of six months from the date of entry of the application into the register of the body responsible for processing. Where the competent body is the Directorate-General for Agricultural Productions and Markets, it may be brought against the relevant decision, which shall be brought before the Secretary-General for Food and Agriculture, within the maximum period of one month. from your notification or publication.

c) In the event that it depends on an autonomous community, it will inform the Ministry of Agriculture, Food and Environment, through the Directorate General of Agricultural Productions and Markets, by electronic means, of all a decision on the extension of the rules, within a maximum of one month from the date of the corresponding administrative act. The information to be submitted is detailed in paragraph 1 of Annex VII. The Ministry of Agriculture, Food and the Environment shall inform the European Commission, in compliance with Article 164 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(d) In compliance with Article 164 (5) of Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, it shall bring to the attention of producers the rules which have been imposed by mandatory character, by means of its full inclusion in the Official Journal or Bulletin, in which the information referred to in paragraph 2 of Annex VII shall be collected.

Article 15. Obligations of the entity promoting the extension of standards.

1. The organisation or association of recognised producer organisations which promotes an extension of standards shall immediately inform the competent authority of any changes to the conditions in force in the the time of approval of that rule extension. The competent body shall take appropriate measures, if necessary, to cancel, after the relevant procedure, the extension of the approved standard.

2. The monitoring and monitoring of compliance with agreements which are the subject of an extension of rules shall be carried out by the organisation or association of recognised producer organisations promoting the same, through a procedure established by its governing bodies. It may also report to the competent judicial and administrative bodies, non-compliances and actions contrary to the extent of the rules imposed.

Article 16. Coordination in the extension of standards between producer organisations and their associations and inter-branch organisations.

Where an extension of the standard promoted by an organisation or association of producer organisations is being applied in the area affected by an economic area, pursuant to Article 164 of Regulation (EC) No 2054/2009, 1308/2013 of the European Parliament and of the Council of 17 December 2013 and of this royal decree, or of an interbranch organisation, in accordance with that Regulation or with Law 38/1994 of 30 December 1994 on the Agri-food interbranch organisations may not be authorised in such geographical areas other extensions of rules that match, are contrary to, distort or distort the application of which is already authorized, during the period of the extension.

CHAPTER IV

Provisions common to Chapters II and III

Article 17. Accumulation of administrative procedures.

In accordance with Article 73 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the competent body may accumulate the procedures of recognition of an organisation or association of producer organisations and/or the establishment of an economic constituency and/or the establishment of an extension of rules, in a single administrative act.

CHAPTER V

Contractual relations in the raw tobacco sector

Article 18. Mandatory procurement.

All deliveries of raw tobacco which take place in Spain, between the stages of primary production and first processing, shall be the subject of a written contract between the parties, in accordance with the provisions of the Article 168 of Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and in this Chapter.

Article 19. Minimum contract requirements.

1. The contract shall be signed before 31 March of each calendar year and shall include at least the provisions laid down in Annex VIII. Contracts shall be made by variety.

2. All elements of the contract must be freely negotiated by the parties and known prior to the signature.

3. Any substantial modification of the terms of the contract, in any of the elements set out in Annex VIII, shall be the subject of an additional written clause to be attached to the contract.

4. Three copies of each contract must be signed, a copy held by each of the signatory parties and a third copy must be sent by the first processing company to the competent body for registration in accordance with the provisions of the Article 21. Copies of the contracts entered into must be kept for at least two years after the end of the contract. These obligations shall be reflected in the contract.

Article 20. Exception for cooperatives.

In the event that a producer delivers raw tobacco to a cooperative of which he is a partner, it will not be necessary to formalize in writing an individualized contract, provided that the statutes or agreements of the cooperative establish, prior to the delivery of the tobacco, provisions with similar effects to those set out in the previous Article.

Article 21. Duty of information.

1. The third copy of the contract referred to in Article 19 (4) shall be submitted by the first processing undertaking within 15 working days after the date of its conclusion, except in the case of force majeure. duly accredited:

(a) The competent body of the autonomous community in which the first tobacco processing takes place.

b) Or, in the case of a first transformation outside the national territory, to the competent authority of the autonomous community where the delivery of the tobacco takes place.

2. The provisions of the preceding paragraph shall mutatis mutandis to the contractual amendments referred to in Article 19 (3), for which the prescribed period of 15 working days shall be counted as from the subscription of the additional clause.

Article 22. Controls.

The competent body referred to in Article 21 shall carry out, in accordance with an annual control plan, controls to verify compliance with the provisions of this Chapter.

CHAPTER VI

Information Communication

Article 23. Declaration of the first processing undertakings.

Not later than 10 July of the year following the year of the harvest, the first tobacco processing undertakings operating in Spain shall forward the following information to the competent authority referred to in Article 21. for varieties and groups of varieties referred to in Annex I:

(a) Net quantity delivered in tonnes. The reference quantities to be used for calculation shall be as set out in Annex IX.

b) Average price, excluding taxes and fees, paid to farmers;

(c) Stocks in their power, in tonnes, at the end of June of the year following the year of the corresponding harvest;

d) Area in hectares contracted by farmers.

e) Number of farmers who have made deliveries.

Article 24. Communications from the Autonomous Communities.

1. For the current harvest, the autonomous communities shall seek and communicate by electronic means to the Ministry of Agriculture, Food and the Environment, by 20 July of the year of the harvest, the following information: broken down by varieties and groups of varieties referred to in Annex I:

a) Estimated area in hectares.

b) Estimated production in tonnes.

2. For the previous harvest, the autonomous communities shall collect and communicate by electronic means to the Ministry of Agriculture, Food and the Environment no later than 20 July of the year following the year of that harvest. information broken down by varieties and groups of varieties referred to in Annex I:

a) Number of first-transform enterprises.

b) Number of farmers who have made deliveries.

c) Surface in hectares.

d) Quantity delivered in tonnes.

e) Average price, excluding taxes and fees, paid to farmers.

(f) Stocks in tonnes, held by the first processing undertakings, at the end of June of the year following the year of the corresponding harvest.

CHAPTER VII

Sanctioning Regime

Article 25. Infringements and penalties.

The violations committed against the provisions of this royal decree will be sanctioned in accordance with the provisions of Royal Decree 1945/1983 of 22 June, which regulates the violations and sanctions in the field of defense of the consumer and of agri-food production, and, where appropriate, in Law 38/1994 of 30 December, as well as in the state or regional regulations of implementation.

Single additional disposition. No increase in public spending.

The establishment of the Register provided for in Article 9 and its operation shall be in accordance with the material and personal means existing in the Ministry of Agriculture, Food and the Environment.

Also, the measures included in this rule will not be able to increase the amount of appropriations or salaries or other personnel costs.

Single transient arrangement. Groups of tobacco producers recognised for the 2014 harvest.

1. In accordance with the provisions of Article 154 of Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on groups of producers of raw tobacco recognised for the 2014 harvest, before 1 January 2013, 2014, which comply with the conditions referred to in Article 3, and which demonstrate to the competent body in each case their intention in that regard, shall be recognised as producer organisations from 1 January 2015.

2. When the body responsible for the recognition is an autonomous community, it must communicate to the Directorate General of Agricultural Productions and Markets of the Ministry of Agriculture, Food and Environment, the list of tobacco producers who have been recognised as tobacco producer organisations in accordance with Article 4 (3) (c).

Single repeal provision. Regulatory repeal.

The following provisions are repealed:

(a) Royal Decree 684/2002 of 12 July 2002 on the regulation of the raw tobacco sector.

(b) Without prejudice to the application as appropriate of the rules in force at the time of the birth of the respective legal situation, Articles 48 and 51, and paragraphs I, II and III of Annex IX to Royal Decree 202/2012, January 23, on the implementation from 2012 of direct payments to agriculture and livestock.

(c) The Order of 12 May 1993, of the Ministry of Agriculture, Fisheries and Food, which regulates the recognition of the Crudo Tobacco Producers ' Groups, in accordance with Article 12 of Regulation (EEC) No. 2.075/92of the Council of 30 June.

(d) The Order of the Ministry of Agriculture, Fisheries and Food of 15 February 1994 establishing the Register of Groups of Crudo Tobacco Producers, recognized in accordance with Regulation (EEC) 2.075/1992of the Council, dated June 30.

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 the activity. economic.

Final disposition second. Ability to modify.

The Minister of Agriculture, Food and the Environment is empowered to adapt to the requirements of the Community legislation the annexes and the dates and deadlines of this royal decree.

Final disposition third. Entry into force.

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

Given in Madrid, on November 21, 2014.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Variety groups

The groups of varieties of raw tobacco to be taken into account, for the purposes of Chapters III and V of this royal decree, are:

1. Group I: Hot-air cured tobacco: cured tobacco in ovens in which air circulation, temperature and hygrometric grade are controlled, in particular Virginia;

2. Group II: Air-cured (light air-cured), air-cured tobacco: air-cured tobacco, covered, not allowed to be fermented, in particular Burley;

3. Group III: Air cured black tobacco (dark air-cured): air-cured, covered tobacco, which is left to be fermented before being placed on the market, in particular Fermented Burley and Havana;

4. Group IV: Fire-cured tobacco: fire-cured tobacco, in particular Kentucky.

ANNEX II

Minimum documentation to be submitted for application for recognition as an organization or association of crude tobacco producers ' organizations

1. Express authorisation to the competent authority to verify the data by consulting the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006, for which the the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or pending public bodies, or in its absence, photocopy of the document.

2. Accreditation of the legal representative of the organisation or association of organisations.

3. Evidence of the legal personality of the entity.

4. Relationship of the NIF to the holder of the holdings, indicating the location of the holdings.

In the case of a partnership, this relationship will be differentiated by each of the member producer organizations.

5. Certified copy of the statutes of the organization and the minutes of the assembly, governing council or administration, or other competent body of the requesting entity, accrediting the adoption of the agreement in which the decision is made to request the recognition as an organisation or association of producer organisations.

6. Supporting documentation of the requirements referred to in Article 3 (4

.

ANNEX III

Information to be communicated by the Autonomous Communities to the Ministry of Agriculture, Food and Environment (MAGRAMA) regarding the granting, refusal or withdrawal of recognition to an organization or association of producer organisations

A) Concession of recognition.

-Denomination of the recognized organization or association and, if applicable, legal figure that it holds (SAT, cooperative, etc.).

-The number of partners.

-A surface that groups together with an indication of its location.

-marketable production that groups together.

-Date of the resolution and organ that dictates it.

-Also, in the case of a total or partial estimation of an administrative or administrative appeal, of the entity concerned, information on the scope of the estimate.

B) Denial of recognition:

-The name of the requesting entity.

-Reason for the denial of recognition.

-Date of the resolution and organ that dictates it.

-Also, in the case of a total or partial estimation of an administrative or administrative appeal, of the entity concerned, information on the scope of the estimate.

C) Recognition Withdrawal:

-The name of the organization or association to which the recognition is withdrawn

-Reason for the recognition withdrawal.

-Date of the resolution and organ that dictates it.

-Also, in the case of a total or partial estimation of an administrative or administrative appeal, of the entity concerned, information on the scope of the estimate.

ANNEX IV

Minimum documentation to be submitted for application for the establishment of an economic constituency

a) Identifying data of the requesting entity.

b) Variety or varieties for which the establishment of the constituency is requested.

c) Detailed relationship of municipal terms that would cover the constituency, on paper and computer support.

(d) Memory justifying the homogeneity of the production and marketing of the variety or varieties for which the constituency is intended to be established.

(e) Data on the volume of tobacco produced by the organisation or association of organisations and other information demonstrating the representativeness referred to in Article 11 (2), in support of paper and in support computer. In the event that the applicant is an association of producer organisations, this information shall be presented broken down by organisations, in the same format for all, in addition to totalised.

ANNEX V

Information to be communicated by the Autonomous Communities to the MAGRAMA about the establishment of economic constituencies

a) Variety or varieties for which the constituency is established.

b) Memory justifying the homogeneity of the production and marketing of the group or groups of varieties for which the constituency is intended to be established; and the representativeness of the organisation or organisations applicants.

c) Detailed relationship of the constituent municipal terms of the constituency, distributed by Autonomous Communities, if any.

(d) Map in the above mentioned municipal terms and the community or autonomous communities covering the constituency, indicating the number of producers and the volume of production, by autonomous community in their case, of the group or groups of varieties for which the constituency is established.

e) Date of the resolution of establishment of the constituency and organ that dictates it.

(f) Also, in the case of a total or partial estimation of an administrative or administrative appeal, of the entity concerned, information on the scope of the estimate.

ANNEX VI

Minimum documentation to present for the request for a rule extension

(a) The number and identification of the producers of the group or groups of varieties for which the rules are intended to be extended, which exercise their activity within the constituency and which are associated with the applicant entity, referred to at the time of the request.

(b) Certificate of the minutes of the assembly, governing board or administration, or other competent body of the requesting entity, accreditable to the adoption of the application for extension of rules, including the full text of the same. Such an agreement shall include the procedure for monitoring and monitoring compliance with the extent of the rules to be carried out by the institution.

c) Justive and economic memory that is based on the requested rule extension.

d) The rules that you intend to enforce.

e) The date from which you want the rules and the extension application period to be enforced.

(f) Where the period of application is multiannual, the commitment of the institution to submit annually, to the competent authority referred to in Article 11 (3), the information to enable verification of compliance of the conditions of representativeness laid down in Article 11 (2), during the term of the extension of the rules.

ANNEX VII

Information to communicate by Autonomous Communities to the MAGRAMA about the extent of rules and information to be made public

1. Data to be communicated by the Autonomous Communities.

a) The group or groups of varieties to which the rule extension affects.

b) The rules imposed.

c) The affected economic area, with a detailed relationship of the municipal terms that it includes.

d) Certification of the representativeness level of the extension promoter entity.

e) The duration of the rule extension.

f) Date of the resolution and organ that dictates it.

g) Also, in the case of a total or partial estimation of an administrative or administrative-administrative appeal, of the entity concerned, information on the scope of the estimate.

2. Information to be made public.

The competent authority which has established a standard extension shall, at least, collect the information referred to in points (a), (b), (c), (e), (f) and (g) of the previous paragraph in an official publication.

ANNEX VIII

Minimum content of tobacco contracts regulated in Article 19

For each harvest, crude tobacco contracts shall contain at least the following items:

1. Identification of the parties.

2. The precise location of the tobacco production: province, municipality and identification of the plot according to the Geographic Information System of Agricultural Parnels (SIGPAC) regulated by Royal Decree 2128/2004, of October 29, for which I know regulates the geographical information system for agricultural parcels.

3. The area of the plot in question, the continuous area of the land being understood by "plot" with a unique alphanumeric reference represented graphically in the SIGPAC.

4. The variety or varieties of tobacco covered by the contract.

5. The purchase price, excluding taxes and fees, to be paid for the delivery, which must:

-Being fixed and listed in the contract and/or

-Calculating by combining several factors established in the contract, which may include market indicators reflecting changes in market conditions, the quantity delivered and the quality or composition of the product delivered.

6. The quantity and quality that can or should be delivered and the schedule of deliveries.

7. The duration of the contract. An indefinite duration contract with a termination clause will be accepted.

8. The conditions of payment: time limits and procedures. Pickup or delivery modes.

9. Applicable rules in case of force majeure.

ANNEX IX

Reference Wetties for the calculation of the net amount delivered referred to in Article 23

	Variety Group	Reference humidity degree
Virginia	I	16
Burley E.	II	20
Burley F.	III	22
	22
	IV	22	Centro_table_body "> 22