Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations sets out the basic rules applicable to the recognition of fruit and vegetable producer organisations As a result of Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific provisions for the fruit and vegetables sector, certain aspects of the Directives are amended as follows: 2001 /112/EC and 2001 /113/EC and Regulations (EEC) No 827/1968, (EC) No 2200/1996, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1682/03 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 and Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of the provisions of the Regulations No 2200/1996, (EC) 2201/1996, (EC) No 1182/2007 of the Council, in the fruit and vegetables sector.

The number of amendments to which Commission Regulation (EC) No 1580/2007 of 21 December 2007 had submitted, led the Commission, for the sake of clarity, to incorporate all the provisions into a new Regulation. and proceed with its repeal. For this reason, Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in the fruit and vegetables and fruit and vegetables sectors and in the of processed fruit and vegetables.

On the other hand, Royal Decree 1337/2011 of 3 October, which regulates the funds and operational programmes of the fruit and vegetable producer organisations, develops the provisions relating to fruit and vegetables. referred to in Regulations (EC) No 1234/2007 and (EU) No 543/2011

On 20 December 2013, Regulation (EC) No 1234/2007 was repealed and replaced by Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the European Union the markets for agricultural products and for which Regulations (EEC) No 972/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007 are repealed. Chapter II of Title I and Chapter III of Title II of Part II of this new Regulation provide for aid to the fruit and vegetables sector respectively through the operational programmes and funds, and the rules to which it is they have to adjust the producer organisations and associations thereof, as from their entry into force on 1 January 2014.

Both chapters are being supplemented by the Commission pursuant to Articles 173 to 175 and 227 to 229, by means of delegated acts and implementing acts in accordance with the ordinary procedure laid down for this purpose. However, on the one hand, Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 has introduced new elements both in the recognition of producer organisations and in their programmes and funds. Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 and (EU) No 1308/2013 of the European Parliament and of the Council by amending Regulation (EU) No 499/2014 of the European Parliament and of the Council Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 concerning the fruit and vegetables sectors In the case of vegetable and fruit and vegetables, it has also introduced new aspects relating to producer organisations in the fruit and vegetables sector, and to their programmes and operational funds, which enter into force on the basis of immediate, and others on January 1, 2015. For these reasons, and as soon as the Commission does not adopt delegated acts to replace Commission Implementing Regulation (EU) No 534/2011 of 7 June 2011, it is necessary to adapt our national legislation to the new rules of the European Union.

Among the changes introduced by the above regulations are the conditions under which a producer organisation can outsource its activities, the establishment of measures to prevent abuse of power, the penalties to be imposed in case of non-compliance with the recognition criteria, and the associations of producer organisations of fruit and vegetables may constitute an operational fund. Commission Regulation (EU) No 499/2014 of 11 March 2014 complements, in addition, parts of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 201 which were previously covered by Regulation (EC) No 1308/2013. 1234/2011, such as the conditions under which producers in an organisation may market their products outside the organisation.

On the other hand, Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, repealing Regulations (EC) No 1306/2013, (EC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, in Article 60 thereof, provides for an circumvention clause, which excludes from obtaining any of the benefits provided for in the legislation (a) sectoral agriculture to natural or legal persons who have artificially created the conditions required to obtain these advantages, contrary to the objectives of that legislation. For this reason, by virtue of the experience acquired and the result of the audits carried out both by the Delegated Interventions of the General Intervention of the State Administration and by the audit services of the Commission, it is It is necessary to introduce in the Royal Decree 1972/2008 of 28 November a series of definitions and clarifications, in addition to allowing the recognition of clearly defined parts of legal persons, and to establish the way to compute (a) producers in order to verify the minimum number of them required; whereas it is adapted to new requirements of European Union legislation.

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

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

DISPONGO:

Article 1. Amendment of Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations.

Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable organisations is amended as follows:

One. The following Article 1a is

:

" Article 1a. Definitions and use of terms.

1. For the purposes of this Royal Decree, the terms used in Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the common organisation of the markets in agricultural products and the Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007 and in Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EEC) No 234/79, (EC) No 234/79, application of Council Regulation (EC) No 1234/2007, in the fruit and vegetables and in the processed fruit and vegetables shall have the same meaning when used in this royal decree.

In addition, it will be understood, with respect to a producer organisation, as:

(a) "Producer aggregator member" means any legal person who is a member of the organisation, or is a member of the company chain of any of its members, not the holder of the holding of products for which the organisation This is, or is to be recognised, the members of which are the producers of any of these products.

(b) "non-producer member" shall mean any member of the organisation, or of the company chain of one of its members, who is not a producer according to the definition of a farmer given in Article 4.1.a) of Regulation (EU) No 1307/2013 European Parliament and the Council of 17 December 2013 laying down rules for direct payments to farmers under the aid schemes falling within the framework of the common agricultural policy and for which it is repeal Council Regulations (EC) No 637/2008 and (EC) No 73/2009 of the products for which the The organisation is, or will be, recognised for more than three years. In duly justified situations, this period may be raised by the Autonomous Communities.

However, and pursuant to Article 21 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, producer aggregators shall not be considered as non-producer members.

(c) "Offer concentration": Compliance with the minima laid down in Article 5.1 of this Royal Decree, and the provisions of Article 160 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013.

(d) "Fusion in respect of Article 29 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011": Fusion, absorption, or integration of an organisation with another, or other, producer organisations, giving place for a single organisation to replace the merged, absorbed, or integrated, respectively; which shall be disqualified as producer organisations in the same act of merger, absorption or integration.

Similarly, the same effects and under the same conditions as in the preceding paragraph shall be considered to be the cases in which an entity of a second or a later grade, the associated entities of which are producer organisations, is recognised as a producer organisation.

2. For the purposes of this Royal Decree and the fulfilment of the requirement of the democratic functioning laid down in Article 31 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, the term ' actions of the producer organisation referred to in that Article, shall refer to the "social capital of the producer organisation". '

Two. Article 2 is replaced by the following:

" Article 2. Requirements and body competent for recognition.

1. Pursuant to Article 19 (2) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is established that in order to be able to apply for and obtain recognition as a producer organisation, for the purposes of the Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 the following requirements shall be met:

(a) either to be an entity with legal personality according to the Spanish legal order, or to be a section of a cooperative created within the framework of the regulatory regulation of this type of entity, or a group of producers of a processing agricultural company which has products other than fruit and vegetables and which constitutes a section meeting the same requirements as those laid down for the cooperative sections in the specific legislation which regulates them, respecting their own;

b) Having its registered office, or effective address, within the Spanish geographical scope.

(c) Be constituted exclusively by producers of the products for which recognition is sought, except in the cases and under the conditions set out in Article 3 of this royal decree.

When the recognition is requested as a producer organization, the condition of being constituted by producers must be accredited by the presentation of the documentation that justifies that each of the producers which are to be part of the organisation produced in the reference period preceding the year of recognition.

(d) to have a statute, or an internal rules of procedure in the case of the sections referred to in (a), raised to public writing, to regulate its operation, the formulas for the adoption of all types of agreements; voting rights of members, and which comply with the provisions of Section I of Chapter III of Title II applicable to the fruit and vegetables sector and Article 160 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 Commission Regulation (EU) No 43/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 73/2011 of 7 June 2011 present royal decree.

The statutes of the producer aggregator members shall meet all the requirements set out in the preceding paragraph and shall be consistent with those of the producer organisation.

(e) To request recognition from the relevant competent body, by means of the application accompanied, at least, by the documentation listed in Annex III.

(f) In the case of being a section, pursuant to Article 31 (3) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is also available that:

1. The operation of the section must be governed by statutes or rules of procedure of internal rules which, among other matters, establish the prohibition for the section to adopt agreements contrary to the law, to the the statutes of the entity to which it belongs, or the general interest of that entity.

2. The statutes of the cooperative or the agricultural processing company to which the section belongs must establish that the decisions relating to the recognition, the functioning and the actions as an organization of producers, including those concerning the submission and implementation of operational programmes and the establishment of operational funds provided for in Articles 32 and 33 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, will be directly adopted by the assembly of the section, and that they will not be suspended or modified by that cooperative or agricultural processing company.

3. º The accounting of the entity to which the section belongs must allow the activity of the section to be differentiated.

4. For the purposes of the calculations derived from Articles 5 and 9 of this royal decree:

i. The share capital of the section shall be the sum of the share capital allocated to each of its members as referred to in the following paragraph.

ii. The share capital that shall be attributed to each member of the section shall be the one resulting from applying to the capital of the entity to which the section belongs, the coefficient of participation that it holds in the value of the marketed production of the same, determined in accordance with Articles 50 and 51 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, during the reference period provided for in Article 3 of Royal Decree 1337/2011 of 3 The European Council of the European Union, the European Commission, the European Commission, the European Commission, the European fruit and vegetables.

iii. The capital of the section thus determined shall be five years. However, where an operational programme is present, that capital shall be recalculated at the time of its preparation.

g) In the case of a trading company, the shares or shares shall be nominative. This requirement shall be extended to all producers in the company chain of the members of the organisation, who have such legal form.

2. In order to be able to verify the limits laid down in Articles 5 and 9 of this Royal Decree, all producer organisations must keep a record of their members, producers and non-producers, in a separate manner. some of others. The book will collect from each member at least: the name, the number of tax identity, the date of the high in the organization, if it is a producer or aggregator of producers along with the productive members of the organization, the voting rights it has in the takeover of each type of organization's decisions indicating the parameter according to which they are established, their percentage in the organization's share capital, and, if applicable, the date of the organization's decline.

Of the producer members who are legal persons the book of registration must also collect the legal form it possesses, the company chain that constitutes it for each person who is part of it: the type of the person who owns, his name, his tax identification number, if he is a producer of the products for which the organization is recognized together with his productive agents, the date of discharge and in his case the low, the social capital and the voting rights together with the parameter according to which they are established, with respect to the entity of the which is a head of social capital.

3. Pursuant to Article 60 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, it is available that the no producer organisation which has obtained the recognition requirements by creating artificial situations. In particular, cases where a member or shareholder has a disproportionately high percentage of the organisation's surface or production shall be analysed.

4. The recognition of producer organisations shall be the responsibility of the competent body to determine the autonomous community where the registered office of the institution requesting recognition is based. That body shall also be responsible for the competence to carry out the on-the-spot checks, and the effects of the results thereof, as laid down in Article 154 (4) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council. European Union and the Council of 17 December 2013, without prejudice to inter-administrative cooperation with other administrations where necessary. '

Three. Article 3 is replaced by the following:

" Article 3. Non-producer members.

Pursuant to Article 30 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is available that:

(a) Only non-producer members may be admitted to organisations which are cooperatives, agricultural processing companies, or sections of the two, provided that they are unable to vote on arrangements relating to operation such as: the organisation of producers, and arrangements concerning the operational programmes and funds set out in Articles 32 and 33 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013. This should be included in its statutes.

(b) aggregating members who are cooperatives or agricultural processing companies may also have non-producing members, under the same conditions as in the previous case.

(c) In producer organisations and aggregator members of producers, who have non-producer members, the components of their governing bodies shall be chosen exclusively by their producer members. "

Four. Article 5 is replaced by the following:

" Article 5. Minimum number of members and marketable production value.

1. Pursuant to Article 154.1 (b) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013, a producer organisation shall have the minimum number of members to be recognised as a producer organisation. producers and the minimum value of marketable production set out in Annex II to this Royal Decree, determined in accordance with the following paragraph.

2. Pursuant to Articles 19 (2) and 21 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is established that only for the purposes of compliance with the number of members set out in the previous paragraph, only the producers of the products for which the recognition is requested, or is held, shall be considered; and the calculation of the number of members shall be carried out as follows:

(a) Producer members who are non-related natural persons as provided for in Article 9.4: Each shall compute as one.

b) Members who are legal persons:

1. No. Those who are producers: each one will compute as one, if more than 50 percent of its share capital, directly and/or indirectly, is in the possession of natural persons who have not been computed as producing members by virtue of of point (a), or have been used to compute another producer member under this paragraph.

In case there are several members of this type who at the end of their corporate chain are integrated by matching natural persons, the order in which the provisions of the preceding paragraph will apply in each of them will be the one that choose the producer organization.

2. º Those who are producer aggregators will not compute, and instead will:

i. The partners of the aggregator member who are the physical producers: Each shall be counted as one with the same conditions as set out in point (a), provided that it has not already been computed, or has been used for the computation of a member under the (b) .1. °

ii. The partners of the aggregator member who are legal persons producing: Each one shall compute as one if more than 50 percent of its share capital, directly and/or indirectly, is in the possession of natural persons who have not already been counted as producer members pursuant to the preceding paragraphs, have been used for the calculation of another producer member under point (b) .1, or have been used to compute another producer member under this paragraph.

In the event that there are several shareholders of this type who at the end of their corporate chain have matching physical persons, the order in which the provisions of this paragraph will be applied in each of them will be the one chosen by the producer organisation.

iii. The members of the aggregator member who are the producing legal persons: shall proceed as in the aggregator members, in accordance with the provisions of this paragraph 2. º until the time when there are no aggregator members in the chain societaria.

(c) A natural or legal person may only be computed or taken into account for the computation in legal persons, one time only.

3. Each and every producer of a producer organisation, in order to be considered as such, shall be liable for the business risk of the holding of which they are holders, and shall keep the supporting documentation the provision of the competent body for the recognition of the producer organisation of which it is a party. '

Five. The following Article 5a is

:

" Article 5a. Value of marketable production in case of no marketing justification for recognition purposes.

1. For the purposes of Article 154.1.b of Regulation (EU) No 1308/2013, the value of marketable production shall be calculated on the same basis as the value of the marketed production provided for in Articles 50 and 51 of Regulation (EU) No 543/2011 and Article 2 of Royal Decree 1337/2011 of 3 October regulating the funds and operational programmes of fruit and vegetable producer organisations.

2. Pursuant to Article 24 (2) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is provided that only where the applicant institution of the recognition does not have the documentation certifying the value of the of the marketed production of one, several, or all of its members, due to a natural disaster, the value of the entity referred to in the preceding paragraph may contain theoretical calculations to incorporate the value, or the volume, of the production of the members affected by such a disaster.

In these cases, the value of the member's affected production, or members, will respond to the average value of the average values in each of the three years preceding the application for recognition; obtaining the average of each year from the average values of the price and performance of the area where the productive members of the product or products for which the recognition applies are located. Such securities shall be certified by the competent bodies of the autonomous communities in which they are located. "

Six. Article 6 is replaced by the following:

" Article 6. Structure and activities of the producer organisation.

1. A producer organisation shall have the material and human resources necessary to comply with the specific purpose of pursuing those laid down in Article 152 (1) (c) (i), (ii) and (iii) of Regulation (EU) No 139/2014. 1308/2013 of the European Parliament and of the Council of 17 December 2013 and to market the production of its producer members. In particular, as referred to in Article 23 (a), (b), (c) and (d) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011. However, in the placing on the market of products destined for industry, or which do not require compliance with marketing standards, the means referred to in point (b) may not be available.

2. A producer organisation may be outsourced provided that it complies with the provisions of Article 155 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and Article 27 of the Implementing Regulation (EU) No 543/2011 of the Commission of 7 June 2011 and in the following paragraphs of this Article.

3. Such externalisations shall be approved by the general assembly of the organisation, or the equivalent body depending on the type of legal personality it possesses and, except in the cases referred to in paragraph 7 of this Article, be translated into written commercial agreements, which include at least the following aspects:

a) The identification of the parties;

b) the services that are contracted, described in a precise and clear manner, together with the cost of the same, the way of payment, and the fact that the producer organisation will be responsible for ensuring the execution of the contracted services, and shall assume control and supervision of the management of the agreement;

(c) the power of the producer organisation to provide mandatory instructions on the contracted services and to terminate the contract in the event of non-compliance with the obligations of the institution contracted;

(d) clauses whereby the contracted entity undertakes to submit in writing to the producer organisation the information which enables it to assess and exercise actual control over the outsourced activity or activities; setting out the type of information and the time limits for referral. If the outsourced activity is the marketing, this information must include, of the commercial transactions carried out by the entity of the service, the type of product to be sold, the distribution channel, the quantity and price;

(e) in the event that the services detailed in Article 23.b) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 relating to the collection, classification, storage and/or storage of the services are outsourced the production of its members, the service provider shall provide the procedure by which it shall identify the products of the organisation during the contracted process;

f) the duration of the contract.

4. In the cases referred to in point (e) of paragraph 3 above, the organisation may sell its production to the service provider whenever the competent authority in the recognition of the relevant autonomous community authorises this type of sales, after verification that the producer organisation in question complies with all recognition requirements.

5. Where a producer organisation outsources the processing of one or more products to an entity, other than one of its members, or a subsidiary of its own which complies with the conditions laid down in Article 50.9 of Regulation (EU) No 543/2011 of the Commission of 7 June 2011, must be complied with, in addition:

a) The product must remain at all times under the ownership of the producer organization.

b) Once the product has been transformed, the producer organisation shall carry out the marketing, having the necessary means to do so.

(c) In no case shall the organisation be able to sell a processed product to the same entity that made the transformation or to entities involved in it.

6. The justification for the payment of the outsourced services shall be supported by the relevant documentation. After the end of the marketing year, producer organisations shall report on compliance with the trade agreement referred to in paragraph 3, which shall, for a period of five years at least, be maintained.

7. Where the outsourcing is carried out to a subsidiary of its subsidiary which complies with the conditions laid down in Article 50 (9) of Commission Regulation (EU) No 543/2011 of 7 June 2011, or to a second-degree cooperative to which the organisation, the agreement referred to in paragraph 3, may be replaced by an action protocol. This protocol shall contain at least the system which will enable the organisation to exercise effective control over the outsourced activity, allowing it to give instructions and to act where and when necessary in accordance with its own interest and that of its members.

8. Producer organisations shall inform the competent authority of the autonomous community which has granted it recognition of changes in externalisations which may affect compliance with the provisions of paragraph 1 and 2 of this Regulation. Article.

9. For externalisations whose objective is to resolve short-term and unforeseeable situations during a campaign, the approval by the general assembly of the organisation, as set out in paragraph 3 of this Article, shall not be required.

10. All the provisions of this Article for producer organisations shall apply mutatis mutandis to associations of producer organisations which outsource their activities. However, the activities carried out by an association of producer organisations on behalf of the organisations which constitute it shall not be considered to be externalisations, provided that they are activities for which the association. "

Seven. Article 7 is replaced by the following:

" Article 7. Minimum period of accession.

1. Pursuant to Article 22 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, the minimum period of accession of producer members who are part of a producer organisation is hereby provided for in Article 22 of Regulation (EU) No 543/2011. Determined shall be three years. However, producer organisations may provide for a shorter period for their members, provided that they are permitted by their statutes and are not less than one year.

The time limit set by an organisation for its members shall be adopted by all producer members of the producer aggregators who are part of it.

Producer members whose minimum membership period is less than three years:

1. No, they shall not appear in the book referred to in Article 2 of this royal decree, but in a separate book of the same characteristics as the members with a duration of less than three years.

2. º shall not compute for the purposes of the minima set out in article 5.1 of this royal decree.

3. The value of the production may not represent more than 20 percent of the value of the total production of the organization, and the amount exceeding that percentage must be considered as purchases from third parties.

4. No more than 20 percent of the total members of the organization can be assumed.

5. Neither they nor their holdings may be in these circumstances of membership in an organization more than two years out of six.

2. Pursuant to Article 22 (2) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, the period of prior notice is provided for members who are producers to submit in writing their resignation to the Commission. Member quality shall be established by the organisation itself together with the date on which such resignation takes effect. Such time limits shall be set with general criteria which avoid discrimination and shall not exceed six months.

3. Where the producer organisation has an operational programme as referred to in Article 33 of Regulation (EU) 1308/2013 of the European Parliament and of the Council of 17 December 2013, no producer member, of any level, may be discharged from the obligations arising from such a programme, during the implementation of the programme, unless authorised by the organisation. '

Eight. Article 8 is replaced by the following:

" Article 8. Direct sales of the producer members.

Pursuant to Article 26a of Commission Implementing Implementing Regulation (EU) No 543/201 of 7 June 2011, it is established that producer organisations may authorise their members to take part in the implementation of the implementing Regulation. to sell directly on their holdings or out of them up to 10% of the volume of their production per campaign of each of the products for which the organisation has been recognised to final consumers, to satisfy their personal needs, provided that the entity has a control system that ensures compliance with the that limit. "

Nine. Article 9 is replaced by the following:

" Article 9. Democratic control of the producer organisation.

1. Pursuant to Article 31 (1) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, no natural or legal person may hold direct or indirect control of more than 34 per cent of the total of voting rights in any type of decision of the producer organisation; nor more than 49 per cent of the total social capital of the organisation, directly and/or indirectly.

2. In order to verify the limit of voting rights, voting rights must be accumulated with respect to the producer organisation that a natural person has directly, or through legal persons where they have voting rights. some majority participation throughout the entire society chain.

A shareholder shall be deemed to have majority holding in an entity if it holds 50 percent or more of the voting rights of the entity or of the share capital.

3. Similarly, in order to determine whether it meets the limit laid down on social capital, in the event that a natural or legal person appears more than once in the company chain, the percentages of the social capital held by it must be cumulated. in respect of the producer organisation, both direct and indirect.

4. In order to comply with the limits laid down in paragraph 1, it shall be presumed that there is a link between natural persons, legal persons, or natural persons with legal persons or vice versa, and their voting rights and their rights must be cumulated. social capital as if they belong to a single natural or legal person for the purpose of preventing the percentages referred to in paragraph 1 from being exceeded, in the following cases, unless there is a clear proof that there is a liability differentiated from the business risk of the holding from which they are holders, in defence of the respective interests, as required by Article 5.3 of this royal decree:

1. º In the case of pupil regarding legal or judicial guardian;

2. In the case of co-ownership of the legal person's share capital, such as the inheritance and community of assets, with respect to the co-owners of each other;

3. º In the case of minor direct descendants with respect to one or both parents who have parental authority;

4. º In marriages, with respect to the spouses of each other. In the case of holdings under Law 35/2011 of 4 October on the shared ownership of agricultural holdings, the representation of the holding in the organisation by the woman or man shall be subject to the provisions of the Article 4 of that law.

For these purposes, producer organisations shall inform the relevant competent bodies in the recognition of the cases of related entities which are part of their producer organisation.

5. The formula for the adoption of agreements and the criteria for the establishment of voting rights for all legal persons who are part of the producer organisation, as part of their company chain, must be included in the by statute or in the rules of procedure governing each legal person.

6. For the purposes of determining the democratic functioning, the producer organisation shall provide the competent body with the recognition both of its book and of the statutes or rules of procedure, and of the entities forming part of it. its corporate chain, and any other information or documentation that accredits the composition, decision-making, voting rights, and the shareholding in each of them. "

Ten. Article 11 is replaced by the following:

" Article 11. Regular checks on the conditions for recognition and non-compliance with recognition controls.

1. Pursuant to Article 154.4.b) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and Article 106 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, in the context of the verification of the application for aid for the implementation of an operational programme, the body responsible for the recognition of the producer organisation shall carry out an on-the-spot check at the premises of the organisation of producers in order to ensure compliance with the recognition criteria. This control shall be carried out on a sample representing at least 30% of the total aid applied for in each autonomous community for the implementation of operational programmes laid down in Article 33 of Regulation (EU) No 1308/2013. European Parliament and the Council of 17 December 2013.

2. Producer organisations which have not been controlled under the previous paragraph shall be subject to on-the-spot checks on the recognition criteria, at least once every five years.

3. The result of each control shall be a comprehensive report on the results obtained and shall be carried out in accordance with Article 114 of Commission Implementing Regulation (EU) 543/2011 of 7 June 2011. '

Once. The single additional provision is worded as follows:

" Single additional disposition. References.

The references that the unmodified part of the Royal Decree 1972/2008, of 28 November, will make to members of the producer organisation, will be understood to be made to the members of the same; those that make to the Regulation (EC) n. Council Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the common organisation of the market in milk and milk products (OJ L 347, 20.12.2013, p. 1). by the Commission of 21 December 2007, shall be construed as being made to the relevant articles of the Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011. '

Article 2. Amendment of Royal Decree 1337/2011 of 3 October on the regulation of the funds and operational programmes of fruit and vegetable producer organisations.

Royal Decree 1337/2011 of 3 October, which regulates the funds and operational programmes of fruit and vegetable producer organisations, is amended as follows:

One. Article 10 (2) is amended as follows:

" 2. If the withdrawn product is intended for free distribution, charitable organizations and institutions may request the final recipients for a symbolic amount.

Payment in kind may be allowed provided that such payment exclusively compensates for processing costs and that the competent body ensures that the processed product is actually intended for consumption by the referred to. "

Two. Article 14 (2) is amended as follows:

" 2. The amendments referred to in points (a), (b), (c) and (f) of the preceding paragraph, and those of point (h) involving the abolition of investments or concepts of expenditure, may be carried out without prior authorisation provided that they are communicated by the organisation. of producers to the competent body at least 15 calendar days before their execution. "

Three. Article 17 is worded as follows:

" Article 17. Presentation.

Under Article 62 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, it is available that:

1. An association of producer organisations may submit operational programmes, both partial and total, if it is recognised as such in accordance with the rules in force, and provided that such programmes have been approved by the general assembly. of the association of producer organisations, or of the section if it is organised in sections, or by an equivalent body, depending on its legal personality.

The total operational programme of a producer organisation association shall be the programme presented, managed and fully implemented by the association of producer organisations.

A partial operational programme of an association of producer organisations shall mean the set of measures and actions included in the operational programmes of the producer organisation comprising an association of producers. producer organisations, which account for only part of those contained in the individual operational programmes of the producer organisation, and which are to be implemented by the association of producer organisations.

2. These programmes shall be submitted to the competent body within the time limit laid down in Article 7, adjusted, mutatis mutandis, to Annex VIII and shall apply to them:

(a) To the total operational programmes: "Mutatis", the provisions of Chapter IV.

b) To partial operational programmes: The provisions of this royal decree for measures, actions, actions, investments, and concepts of expenditure of the operational programmes of producer organisations.

3. In the case of a partial operational programme, producer organisations belonging to the association of producer organisations submitting a partial operational programme shall submit an individual operational programme to the competent body. which corresponds to them, specifying and accounting in them the measures and actions of the programme of the association of producer organisations, and indicating the association of producer organisations for which they will be implemented. However, it shall not be necessary for them to be accompanied by the complete documentation corresponding to them.

4. The partial operational programmes of the associations of producer organisations shall comply with the provisions of Article 8.2.3., except for environmental objectives and aspects, with the exception of the programmes. individual operations of the producer organisations of which they are a party, those who are required to comply with the requirements for the approval of the operational programmes established by both the European Union and the present royal decree. "

Four. Article 18 is worded as follows:

" Article 18. Funding.

1. The total operational programmes of the associations of producer organisations shall be financed through the operational funds set up with the financial contributions of the association itself through its members in accordance with the set out in Article 32 (1) (a) (ii) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 and managed as laid down in Article 4 of this Royal Decree for the operational funds of producer organisations. However, members who do not have the status of producer organisation under Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 shall not be directly eligible for aid to the operational program.

2. In the event that the association of producer organisations has an operational fund, either the total or partial operational programme, the financing shall be approved annually by the general assembly of the association of producer organisations. producers, or of the section if it is organised in sections, or by an equivalent body, depending on its legal personality. The contributions of the members shall be established in accordance with Article 53 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, understanding where producers are saying: producer organisation, and where it says producer organisation: association of producer organisations.

3. In the case of partial operational programmes of associations of producer organisations without operational funds, the contributions of producer organisations from a producer organisation association shall proceed with the following: exclusively of operational funds which are approved by the competent bodies for each annuity.

4. For the purpose of financing their partial programmes, associations of producer organisations without operational funds shall constitute an economic fund with the contributions of its members, which shall be managed in accordance with the provisions of the Article 4 of this royal decree for the operational funds of producer organisations.

5. Before 15 September of each year the associations of producer organisations shall communicate to the competent body the amount of the operational fund or the economic fund of the programme to be carried out in the following year, adjusted to the provisions of the Annex IX to this royal decree, if applicable, together with the application for modifications for uninitiated annuities.

6. In the case of partial operational programmes, the communication set out in paragraph 5 shall also be made by the producer organisations of the association of producer organisations and shall be composed of the documentation referred to in paragraph A) and points 1, 3, 3, 4 and 5 of Annex II to this Royal Decree. '

Five. Article 19 is amended as follows:

" Article 19. Modifications to the programs.

The modifications of the operational programmes of the associations of producer organisations shall be governed by:

(a) In the case of amendments for annuities not commenced, Articles 13 and 15 shall apply mutatis mutandis. In the case of partial operational programmes, they shall also apply to member producer organisations.

(b) In the case of amendments during the current year, Articles 14 and 15 shall apply mutatis mutandis. In the case of partial operational programmes, member producer organisations shall only be subject to Article 14.3. "

Six. Article 20 is worded as follows:

" Article 20. Decision by the competent body on the programmes and their modifications.

1. The competent authority shall inform the association of producer organisations of the decision taken on its partial operational programme or of its amendments by 15 December of the year of its submission in accordance with the provisions of the Article 64 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011.

In the case of partial operational programmes the communication shall be carried out in sufficient time to enable it to be taken into account for the approval of the operational programmes, or their modifications, of the Member producers by the relevant competent bodies. For these purposes, these decisions must be forwarded at the same time as the associations of producer organisations to those bodies. In the latter case, they shall be submitted together with a reasoned report justifying the decision taken and a copy of the programme.

If the decision taken by the competent body on the partial operational programme of the association of producer organisations, or its amendments, is approved, the relevant resolution shall be contain, at least:

(a) A summary table of measures, with the actions, actions, investments and expenditure concepts of each of them, indicating their cost, their timing of financing, the holder, and, where appropriate, the place of location.

(b) The total cost of the implementation of the programme for the following year and the form of financing of the programme, indicating in a relationship: all members of the association of producer organisations, the name of the each, its tax identification number, whether or not it is a producer organisation, its value of marketed production, and its economic contribution in absolute and percentage value.

(c) The estimated amount of the Community financial assistance for each member producer organisation to finance the operational programme of the association of producer organisations in the following year.

2. Subsequently to the decision on the partial operational programme of the association of producer organisations, or their amendments, the competent bodies concerned shall decide on the programmes and operational funds of the organisations of the Member producers of the same, indicating in their resolutions the annual amount corresponding to the participation in the operational programme of the association of producer organisations, detailed by measures and actions.

3. In the event that some or some of the individual operational programmes, or their amendments, are not approved by the competent body, the association of producer organisations shall accordingly adapt their partial operational programme as follows: change in the current year, so that the amounts initially intended for participation in the programme of the association of producer organisations are maintained in the other individual operational programmes. "

Seven. Article 21 is worded as follows:

" Article 21. Request for assistance in case of total operational programmes.

1. In the total operational programmes of the associations of producer organisations, that association shall submit an application to the competent body where the registered office is situated.

2. The associations of producer organisations shall be the ones to present the relevant supporting account referred to in Article 24. "

Eight. Article 22 is worded as follows:

" Article 22. Request for assistance in case of partial operational programmes.

1. In the case of partial operational programmes of associations of producer organisations, requests for assistance shall be submitted by those associations in the event of an operational fund, or by the organisations of individual producers if they do not have it, before the competent body where they radiating the registered office of the same.

2. Associations of producer organisations in the event of an operational fund, or organisations of individual producers where they do not have an operational fund, shall be responsible for submitting the relevant supporting account referred to in Article 1 (2). Article 24 on the partial operational programme to the competent body. '

Nine. Article 23 (1) (b) is amended as follows:

" (b) Partial aid payments corresponding to amounts already spent, as referred to in Article 72 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, may be submitted three times up to 31 December 2011. October of the current annuity provided that the amount requested does not amount to less than 20 percent of the approved operating fund aid. "

Ten. Article 27 (2) is amended as follows:

" 2. Within one month of the date referred to in Article 7, the body responsible for the approval of this operational programme may require the competent bodies of the autonomous communities referred to in the preceding paragraph to information necessary to carry out the issuance of the decision referred to in Article 64 of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011. In particular, this information may refer to:

(a) In the case of investments in the operational programme, the corresponding reports showing that these investments have not been initiated before the first of January following the presentation of the said programme operation.

(b) that such investments comply with the conditions laid down in Article 5.6 of Council Regulation (EC) No 1698/2005 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD). This, in respect of the corresponding Rural Development Programmes for each of the autonomous communities concerned, in particular as regards the criteria determining the source of financing for investments through development funds Rural or funds from specific European Union provisions relating to the fruit and vegetables sector within Regulation (EC) No 1234/2007. '

Once. Point (f) of paragraph 1 of Annex I is amended as follows:

" (f) In accordance with Article 50 (11) of Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011, compensation payments from insurance on the production of goods received under the provisions of Article 50 (1) of Regulation (EU) No 543/2011 from:

1. Polices hired, as a policyholder, by the producer organization.

2. Applications formalised by producer members to collective policies, provided that the producer organisation receives the amount of compensation. "

Twelve. The following additional provision is added:

" Single additional disposition. Repeal of Regulation (EC) No 1234/2007.

References to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of the agricultural markets and laying down specific provisions for certain products agriculture (Single CMO Regulation) shall be construed as references to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the common organisation of the markets of agricultural producers and the Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1037/2001 are repealed. 1234/2007. "

Thirteen. The title of Annex III is amended as follows:

" ANNEX III

Format of the operational program projects to be submitted by the producer organizations and the total operational programs to be submitted by the associations of producer organizations "

Fourteen. The title of Annex VIII is amended as follows:

" ANNEX VIII

Format of partial operational program projects of producer organizations ' associations

Single transient arrangement. Adaptation of producer organisations.

Producer organisations must adapt to the provisions of this Royal Decree, taking into account the entry into force of this Royal Decree and the dates of implementation laid down in the third final provision.

However, producer organisations which are to adapt their recognition in such a way that the section of a cooperative or a group of producers of a processing agricultural company constituting a section becomes a the organisation of producers, pursuant to Article 2.1, shall be adapted to this royal decree by 1 April 2015, without prejudice to the time limits laid down in Commission Delegated Regulation (EU) No 499/2014, of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 16 March 2014 supplementing Regulation (EU) No 1308/2013 European Parliament and the Council, amending Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 on the fruit and vegetables and processed fruit and vegetable sectors.

Once adapted, the organizations must communicate the changes they have adopted, with this object, to the body of the autonomous community competent in their recognition. The maximum period for carrying out this communication shall be 20 January 2015, except for the producer organisations referred to in the preceding paragraph, the period of which shall be 20 April 2015.

Producer organisations which meet the recognition requirements without having to make any adaptation shall also inform the competent body within the same time limits as set out in the paragraph previous.

Final disposition first. Adaptation to the Regulations of the European Commission.

The provisions of this Royal Decree and the Royal Decrees 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations and 1337/2011 of 3 October on the the funds and operational programmes of the fruit and vegetable producer organisations shall be without prejudice to the application of the implementing regulations or delegated acts of the European Commission which are in application of the provided for in Articles 173 to 175 and 227 to 229 of Regulation (EU) No 1308/2013 of 17 December 2013. However, the Minister of Agriculture, Food and the Environment is enabled to amend the three royal decrees by ministerial order to make the necessary adjustments to their agreement with the aforementioned regulations. the Commission.

Final disposition second. Competence title.

This royal decree is of a basic regulation and is dictated 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.

Final disposition third. Entry into force.

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

However, the following modifications that are operated by Article 1 of this royal decree in the Royal Decree 1972/2008, modified by this royal decree, will apply from January 1, 2015:

(a) The contents of the records established in Article 2 (2).

b) Article 3.

(c) Form of computation of the members as set out in Article 5 (2).

(d) Article 6 (3), (6), (7), (8) and (9

.

(e) Article 7 (1).

(f) The limit of the voting rights set out in Article 9 (1), in the case of producer organisations whose legal personality is that of a cooperative.

(g) The social capital limit laid down in Article 9 (1). However, in producer organisations which are implementing an operational programme on 17 May 2014, this limit shall apply after the end of the operational programme.

(h) Article 9 (4).

Given in Madrid, on November 21, 2014.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA