The reform of the common agricultural policy of the European Union, adopted in June 2003, has been developed through different regulations. Council Regulation (EC) No 1782/2003 of 29 September laying down common rules for direct aid schemes in the framework of the common policy and establishing certain aid schemes for the farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EC) No 235/1999 and (EC) No 2529/2001, brings together a number of direct payments currently received by farmers under different schemes in a single payment scheme. The single payment scheme provides for a single operating aid, calculated on the basis of the amounts received by the farmer in a reference period, and not subject to the production of any specific product. Commission Regulation (EC) No 795/2004 of 21 April 2004 lays down detailed rules for the application of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 laying down common rules for the the direct aid schemes under the common agricultural policy and certain aid schemes for farmers are introduced. Article 120 of Law 62/2003, of 30 December, of Fiscal, Administrative and Social Order Measures, provides for the application throughout the territory of the entire territory at national level of the method of application of the payment scheme. (a) only, as referred to in Articles 66 to 69 of Regulation (EC) No 1782/2003. The scheme will apply from 1 January 2006. The option of Article 70 of Regulation (EC) No 1782/2003 was exercised by the Spanish Government, communicating to the European Commission, before 1 August 2004, the non-application of the the single payment scheme for the seed sector and the Autonomous Community of the Canary Islands. Regulation (EC) No 795/2004 in Article 12.1 of Regulation (EC) No 795/2004 gives Member States the power to initiate the development of the single payment scheme by identifying potential beneficiaries eligible for aid, as well as the establishment of the amounts and the number of hectares of the reference period in accordance with the systematic calculation laid down in Regulation (EC) No 1782/2003, in the year preceding the first year of application of the single payment scheme. In order to update the existing data on those potential beneficiaries, and before laying down the rules for the provisional recognition thereof, it is necessary for the parties concerned to have an initial period of time during the which are aware of the existing data and can provide the public authorities with any amendments that have been made. This Order is dictated by the nature of basic regulations, given their cyclical nature and their urgent nature, in order to facilitate, prior to the start of the first period of application of the single payment scheme, an updated knowledge of the situation. The Autonomous Communities and the representative bodies of the sectors concerned have been consulted in the preparation of this provision. In its virtue, I have:

Article 1. Object.

The purpose of this Order is to update the data and identification of the farmers referred to in Article 33 of Council Regulation (EC) No 1782/2003 of 29 September laying down common provisions applicable to direct aid schemes under the common policy and certain schemes for the support of farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1452/2001, (EC) No 1452/2001, 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2529/2001, in order to proceed to the provisional establishment of the reference amounts and the number of hectares referred to in Article 34 (1) (a) and (b), as well as, where appropriate, to know the necessary elements for establishing the provisional payment entitlements in accordance with Article 12.2 of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the application of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 laying down common rules (a) to apply to direct aid schemes under the common agricultural policy and to introduce certain aid schemes for farmers.

Article 2. Definitions.

The definitions of Regulation (EC) No 1782/2003 and those of Regulation (EC) No 795/2004 shall apply for the purposes of this Order.

Article 3. Identification of farmers for inclusion in the single payment scheme for the purposes of the allocation of payment entitlements not from the national reserve.

1. In accordance with Regulation (EC) No 1782/2003, the farmers referred to in Article 33.1.a of this Regulation may be eligible for the single payment scheme, which in the reference period would have received direct payments for one of the aid schemes referred to in Annex VI to Regulation (EC) No 1782/2003.

2. All farmers, who fulfil the other conditions and conditions laid down in the single payment scheme, may also benefit from the holding or part of a farmer in the preceding paragraph for the following reasons: circumstances:

(a) By actual inheritance or early inheritance, in accordance with the provisions of Article 33.1.b) of Regulation (EC) No 1782/2003 and 13 of Regulation (EC) No 795/2004.

Early inheritance takes place when the holders of the holding relent or have transferred the same, or part thereof, for free and for "inter-living" acts to persons who succeed them as heirs in the exercise of the agricultural activity and its rights. In any case, the user is considered to be included. (b) there has been a change in the personality or the name of the person, whether individual or grouped natural persons or legal persons, in accordance with Article 33.2 of Regulation (EC) No 1782/2003 and 14 of Regulation (EC) No 795/2004. (c) mergers or divisions of such mergers or divisions have occurred, in accordance with Article 33.3 of Regulation (EC) No 1782/2003 and 15 of Regulation (EC) No 795/2004. (d) they have obtained a holding or part thereof as a result of the sale and sale of the payment entitlements in accordance with Article 17 of Regulation (EC) No 795/2004.

3. In addition, all farmers whose production, throughout the reference period, has been affected by exceptional difficulties, in accordance with Article 40 of Regulation (EC) No 1782/2003, may be eligible for the scheme.

Article 4. Identification of the farmers for inclusion in the single payment scheme for the purposes of the allocation of the payment entitlements of the national reserve.

For the purposes of the allocation of payment entitlements of the national reserve, the following situations shall be considered: 1. Farmers who are in a special situation as laid down in Article 42.4 of the Regulation (EC) No 1782/2003 and Articles 18 to 23a of Regulation (EC) No 795/2004 and listed below: Dairy producers in accordance with Article 19 of Regulation (EC) No 795/2004.

Farmers who receive land from a deceased or retired farmer and who have them leased to a third person during the reference period, in accordance with Article 20 of Regulation (EC) No 795/2004. Farmers who have made investments or acquired land in accordance with Article 21 of Regulation (EC) No 795/2004. Farmers who have leased or acquired leased land in accordance with Article 22 of Regulation (EC) No 795/2004. Farmers who participated in national production reorientation programmes in accordance with the provisions of Article 23 of Regulation (EC) No 795/2004. Farmers entitled to receive payment entitlements or to increase the value of existing rights for court judgments or firm administrative acts in accordance with Article 23a of Regulation (EC) No 795/2004.

2. Farmers who have started their agricultural activity after 31 December 2002, or in 2002, but without receiving direct aid that year and continue to carry out the activity, except in justified cases of force majeure, in accordance with the provisions of the Article 42.3 of Regulation (EC) No 1782/2003.

3. Farmers who are in areas for restructuring or development programmes relating to some form of public intervention in accordance with Article 42.5 of Regulation (EC) No 1782/2003.

Article 5. Calculation of the reference amount.

The provisional reference amount shall be calculated for the farmers identified in Article 3 of this Order, in accordance with Articles 37, 40 and 62, as well as in Annex VII to Regulation (EC) No No 64/2014. 1782/2003.

Article 6. Farmers who have started the activity during the reference period.

1. Where a farmer has commenced agricultural activity during the reference period, he shall inform the Autonomous Community of the data listed in Model 1 of the Annex on the dates laid down in Article 11 of the Annex. this Order, in order to establish the reference amount, and the number of hectares, where appropriate, depending on the calendar year or years during which the agricultural activity has been carried out in the reference period, and shall also prove that has exercised the agricultural activity from that date up to the time of communication except for any of the causes of force majeure laid down in Article 7 of this Order.

2. If the farmer who starts the agricultural activity in the reference period is, in addition, in one of the conditions laid down in Article 3.2.a), or in Article 4, or in Article 7 of this Order, the hectares and reference amounts as provided for in Articles 13.4 and 18.2 of Regulation (EC) No 795/2004.

Article 7. Farmers in exceptional difficulties.

1. Farmers whose production, during the reference period, has been affected by cases of force majeure or exceptional circumstances, occurring before or during the said period, shall communicate to the Autonomous Community competent on the dates referred to in Article 11, at least the data set out in Model 2 of the Annex in order to calculate the reference amount and the number of hectares corresponding to it, depending on the years of the reference period not affected by these events. The force majeure or exceptional circumstances in the cases referred to in points (a) and (b) of paragraph 3 of this Article shall not be taken into account when the CAP has been applied for and obtained by another holder for the same period. exploitation and period.

2. In the event that the entire reference period has been affected by force majeure, the reference period shall be applied as the reference period from 1997 to 1999. 3. Cases of force majeure or exceptional circumstances shall be considered as follows:

a) Death of the farmer or disappearance of the farmer.

b) Long-term employment of the farmer. (c) a serious natural disaster which has seriously affected the agricultural land of the holding. (d) Accidental destruction of livestock premises on the basis of the accidental exploitation or loss of animals. (e) Epizootia which has affected a part or all of the farmer's livestock. (f) compulsory slaughter under a programme for the eradication of animal diseases.

4. Paragraphs 1 and 2 of this Article shall also apply to farmers who have ceased to receive direct payments during the reference period as a result of having been subject to environmental commitments, commitments related to the grubbing-up of hop plantations and programmes for the reacquisition of tobacco quotas in accordance with Article 40.5 of Regulation (EC) No 1782/2003.

Where the measures referred to in the preceding paragraph cover the reference period and the period referred to in paragraph 2, a reference amount shall be established in accordance with objective criteria and in such a way as to (i) a guarantee of equal treatment between farmers and the avoidance of distortions of competition and of the market.

Article 8. Sales contracts.

1. Where, after the beginning of the reference period, there is a contract of sale as referred to in Article 17.1 of Regulation (EC) No 795/2004, the seller shall request the establishment of the payment entitlements in accordance with the provisions of Article 17 (1) of Regulation (EC) No 795/2004. provided for in Article 17.3 of that Regulation, unless the buyer requests, on behalf of the seller and with the explicit authorisation of the seller, the allocation of the hectares and reference amounts corresponding to the contract, including his request a copy of the same, with the data and the documents referred to in Model 10 of the Annex to the Order.

2. Similarly and in the case of the purchase of production units by sheep and goat producers or suckler cows, an application must be submitted with the data and documents referred to in Model 11 of the Annex to this Regulation. Order. 3. The establishment of the hectares, production units and amounts corresponding to the reference period, of the contracts referred to in the preceding paragraphs, shall be conditional upon the provisional and definitive establishment of the aid and without prejudice to Articles 46.3 and 42.9 of Regulation (EC) No 1782/2003.

Article 9. Reference period.

The reference period shall be the reference period laid down in Article 38 of Regulation (EC) No 1782/2003, adjusted in accordance with Annex VII thereto, and shall cover the calendar years 2000, 2001 and 2002.

However, pursuant to Article 37 of that Regulation, the reference period for the aid scheme for olive oil shall comprise the marketing years 1 9 9 9/2 0 0 0, 2000/2001, 2001/2002 and 2002/2003, according to Article 62 thereof. in the dairy premium and the additional payments shall be used the individual reference quantity available on the holding as at 31 March 2006, and in accordance with Annex VII, in the case of flax and hemp, the number of hectares for which the granted a payment in the years 2001 and 2002.

Article 10. Number of hectares.

Each farmer shall be calculated a number of hectares, which shall be the average of the total of hectares which during the reference period have resulted in one of the direct payments referred to in Annex VI to Regulation (EC) No 1782/2003, including forage area.

Article 11. Data communications and updates.

1. The Autonomous Communities shall communicate to the farmers referred to in Article 3.1 the data on the single payment, in any of the possible ways that enable the farmer to know his own data, including the possibility of access to the Register or to the databases.

2. Where a farmer has received payments for aid from Annex VI to Regulation (EC) No 1782/2003 in several Autonomous Communities, the Autonomous Community shall be deemed to be competent for the communication of the information in paragraph 1. in which the sum of the reference amounts has a higher value. 3. The effect of the fact that, at the time, the farmers are eligible for the single payment scheme, those of Article 3 of this Order, except those of paragraph 1 whose circumstances have not changed, shall communicate to their respective Community Autonomous, in the models which it establishes, the data and documents listed in the Annex to this provision or other supporting documents, for each of the situations in Article 3 which are expressed in it, before the date determined by the Competent Autonomous Community and in any case before 15 July 2005, without prejudice to the provisions of the Article 33 (2) and (3) of Regulation (EC) No 1782/2003 for changes in the name and legal status, mergers and divisions, and in Article 15 (3) of Regulation (EC) No 795/2004, as well as in Article 17 (1) of Regulation (EC) No 795/2004. this Regulation for the purchase of payment entitlements. In addition, the farmers in Article 3 (1), who shall appreciate errors or inaccuracies in the communication referred to in paragraph 1 of this Article, shall request, from the competent authority, the rectification of the erroneous data or inexact within that period. 4. For the purposes of calculating the provisional duties, the farmers of Articles 6 and 7 shall communicate to their respective Autonomous Community the data and documents listed in the Annex to this Regulation. a provision or other supporting documents before the date determined by the same and in any case before 15 July 2005. 5. Those farmers who are considered to be included in some or some of the situations referred to in Article 4 shall communicate to the competent Autonomous Community their data and circumstances by accompanying the supporting documents, the effects of their identification, irrespective of the application at the time, before the date to be laid down, the allocation of the reference amounts and the payment entitlements from the national reserve, after the decisions have been taken corresponding to the same in the single payment scheme. 6. The communication of amendments proposed by the farmers shall be verified by the competent authority and the data on the single payment shall be modified if appropriate. 7. The provisional update of the single payment data on the basis of the data provided and justified by the data subjects and verified by the competent authority, as it is not final, shall not be subject to appeal, without prejudice the right to request, at any time, the rectification of the erroneous or inaccurate data and to request, at the appropriate time, the allocation of payment entitlements, as well as the single payment aid which it considers to be applicable to it.

Single additional disposition. Application exceptions.

This Order shall not apply to the seed sector and to the Canary Islands, in accordance with the exceptions permitted by Article 70 of Regulation (EC) No 1782/2003.

Final disposition first. Competence title.

This Order is issued in accordance with the provisions of Article 149.1.13. of the Constitution which gives the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, April 15, 2005.

ESPINOSA MANGANA

Here are several images in the original. See the PDF document for this disposition.