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Order Apa/956/2005, Of 30 March, Which Establishes The Regulatory Bases Of The Subsidies To Organisations And Associations Of Breeders For Conservation, Selection And Promotion Of Livestock Breeds Pure.

Original Language Title: ORDEN APA/956/2005, de 30 de marzo, por la que se establecen las bases reguladoras de las subvenciones destinadas a las organizaciones y asociaciones de criadores para la conservación, la selección y el fomento de las razas ganaderas puras.

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The current objectives of the Community Agricultural Policy aim to create a sustainable framework for the development of rural areas and to ensure the conservation of the environment, creating and promoting These are alternative sources of resources, including animal genetic resources, which in our country integrate a large number of native breeds of great value, of production animals, which must be supported and preserved. The need to characterise, conserve and improve animal genetic resources has become a national and international priority, making it necessary to establish policies that will enable sustainable development of these resources and their rational utilization, as well as the establishment of aid lines that take into account the particularities and needs of different resources, through the associations and organizations of livestock farmers, as a fundamental instrument for their recovery and improvement. The associations and organizations of officially recognized cattlemen are the ones that manage the genealogical books, they execute the programs of selection and the control of the yields and they develop other activities, in order to favor the diffusion of the the results obtained and the marketing of the animals and their products, making it possible to achieve greater efficiency of the production systems and greater viability of livestock farms, with the gradual implementation of innovative programmes and of new technologies. In accordance with the foregoing, in accordance with the provisions of Articles 17 and concordant of Law 38/2003 of 17 November, General of Grants, the regulatory bases of the grants are established for the promotion and support of the activities carried out by the aforementioned organisations and associations, whose scope of action is higher than that of an Autonomous Community. On the other hand, and given the amount, necessarily adjusted, of the budgetary funds allocated to these grants, the territorialisation or distribution of funds between the Autonomous Communities is a difficult task, which is why it is makes it essential to manage them by the General Administration of the State, to ensure the full effectiveness of the measures within the basic management of the sector and to guarantee the same possibilities for obtaining and enjoying of its potential recipients throughout the national territory and to guarantee the application the national programme, in line with the framework for regulation of the national programme, provided for in the zootechnical rules for the various livestock species, while avoiding the overall amount of the funds being exceeded. State dedicated to the sector. This aid is in line with the provisions of Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid for small and medium-sized enterprises (SMEs). production, processing and marketing of agricultural products. This Order is issued in accordance with the provisions of Law 38/2003 of 17 November, General of Grants, and in the Rules of Procedure for the granting of State aid and grants, approved by Royal Decree 2225/1993, The Court of Justice held that the Court of Justice held that the Court of Justice of the European Court of Justice held that the Court of Justice In the processing of this Order the representative entities of the sector and the Autonomous Communities have been consulted. In its virtue, I have:

Article 1. Object.

The purpose of this Order is to establish, on a competitive basis, the regulatory basis for grants to breeders ' associations and organisations of pure livestock breeds for the promotion of actions for the conservation, selection and promotion of breeds of livestock production.

Article 2. Deadline for implementation of the actions.

The activities to be funded shall be carried out from the submission of the application to 31 October, including each financial year.

Article 3. Beneficiaries.

The organisations and associations of breeders of pure livestock breeds whose scope of action is higher than an Autonomous Community may be eligible for the aid provided for in this provision. Requirements: (a) Not for profit.

b) That they are found in the current of the tax obligations and with the Social Security. (c) which are officially recognized in accordance with the requirements of the zootechnical regulations of the various livestock species. (d) comply with the requirements of Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises.

Article 4. Aid lines.

The activities that will be financed by this Order will be those that develop the associations and organizations of breed breeders for the characterization, conservation, selection and dissemination of the livestock breeds, as determined by the lines of aid which are laid down for the agricultural and livestock sectors and which are developed in the following Articles.

Article 5. Technical support for the agricultural sector.

The eligible activities in this field will be: a) Education and training in zootechnical matters: Aid for the holding of courses in subjects related to the rules of each race and with the conservation programmes or selection. It may include the costs of organising the training programme and the travel and subsistence costs of the participants. The publication and distribution of publications and training on the Internet will also be considered eligible.

b) Organisation of competitions, auctions, national and international exhibitions and fairs and the costs of participation in such activities: Associations and organisations must submit, for approval and drawing up of the official calendar, the proposals for tests, competitions, auctions, exhibitions and fairs to be carried out during the financial period and those to be attended, with the indication of the participating races, the dates and the places of celebration. The following concepts will be financed: participation rights (quotas, tuition fees or other concepts required by the organizing entity for participation), transport and travel expenses, costs of publications and rental of facilities.

Article 6. Aid to the livestock sector.

The eligible activities in this field will be: a) Creation and maintenance of genealogical books. -They may include: Expenses by the premises or offices for the management of the book.

Acquisition of media and office equipment, including computers and computer equipment. Recruitment and expenditure of technical and administrative staff. Other expenditure directly linked to the creation and maintenance of the herd book: Registration of livestock, registration and identification of animals in the registers, qualification of players, controls of covering and parries, tests of paternity, genetic studies and publications.

(b) Tests to determine the performance of livestock. -Activities linked to the performance of tests for the control of meat performance of livestock and the organisation of tests may be financed. for the selection of young horses for plans for the improvement of equine breeds in accordance with the maximum amount laid down in Article 9.1.B (b).

(c) Tests to determine the genetic quality of livestock. -Aid shall be used to cover expenditure relating to the implementation and development of the tests carried out in the selection schemes and improvement plans for livestock. the pure breeds. The following activities may be financed, which shall be linked to the officially approved conservation or selection scheme:

Elaboration and implementation of improvement plans and selection schemes.

Conducting genetic analyses to detect and prevent genetic or chromosomal alterations affecting the production or reproduction indices. Implementation and development of the methods of qualification, assessment and genetic evaluation of animals, including the material and personal means necessary for their achievement. Activities linked to the selection or conservation programmes.

(d) Aid for investment in testing centres, breeding centres and holdings.-Eligible expenditure may be considered as those relating to the construction or improvement of immovable property and the acquisition of resources exclusively for the development of tests for the selection and control of the yield of animals submitted for genetic evaluation, within a selection scheme, as well as investments in holdings for the implementation of the of innovative techniques or practices in the field of animal husbandry and the purchase of animals recorded in genealogical books and semen of high genetic quality.

Article 7. Zootechnical regulations.

With regard to the line of aid for genetic quality or livestock performance, the actions to be financed must comply with the provisions of the following zootechnical rules for the various species or, where appropriate, those other than those amending or replacing them: Decision 86 /130/EC of 11 March laying down the methods for the control of yields and the assessment of the genetic value of animals of the bovine species of selected breed the reproduction and Decision 94 /515/EC of 27 July amending the previous one.

Decision 90 /256/EC of 10 May 1 March 1 laying down the methods for the control of yields and the assessment of the genetic value of pure-bred breeding sheep and goats. Decision 89 /507/EC of 18 July laying down the methods for the control of yields and the assessment of the genetic value of pure-bred breeding pigs. Order APA/1018/2003 of 23 April laying down the basic requirements for selection schemes and performance checks for the genetic evaluation of pure-bred equidae. Order APA/201/2004 of 5 February, approving the basic Regulation of the testing of young horse selection for plans for the improvement of equine breeds.

Article 8. Objective criteria for granting and weighting them.

In the grant of the grants provided for in this Order, priority will be given to those applications that are more appropriate to the criteria for granting, in order of decreasing order, which are then established: 1. priority is given to the organisations or associations of breeders of indigenous breeds, according to the classification of the Official Catalogue of the Races of Spain, established by Royal Decree 1682/1997 of 7 November, which updates the Catalogue Razas de Ganado de España.

Within the category of indigenous breeds, which will maintain priority over all breeds of the Official Catalogue, aid for breeds classified as breeding breeds will preferably be directed to the (i) selection and control programmes for yields and aid for breeds classified as endangered, will cover primarily the costs of breeding books and the implementation of conservation programmes. Consideration shall be given to the progress and degree of implementation of the basic criteria laid down by the zootechnical regulations of the relevant species and breeds, and in particular those actions framed within a conservation scheme or officially approved selection. 2. The relevance of the proposal in relation to the set of requests and the extent of the zootechnical, productive and social interests of the requesting entity, in terms of the degree of dissemination of the activity, according to the number of cattlemen and animals and their territorial distribution, as well as in relation to the information collected, in quality and quantity, for processing and application in the schemes. 3. The capacity of the breeders ' organisation or association to develop the actions to finance and effectiveness of the measures applied by the applicants in order to achieve the objectives and to allow for optimal results, as well as the degree of implementation of the subsidy applied for in previous years.

Article 9. The amount and compatibility of the aid.

1. The grants shall be compatible with any other public administration, public authorities attached or dependent on them, both national and international, and other natural or legal persons of private nature. However, the amount of the subsidy, either on its own or in concurrency with another or other aid or subsidies which any other public administration or entity or natural person or legal person referred to in the preceding paragraph may grant, may not exceed the total cost of the activity covered by the grant, nor the limits laid down in Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to aid (a) State aid for small and medium-sized enterprises engaged in the production, processing and marketing of (a) Technical support for the agricultural sector: (a) Education and training in zootechnical matters: Aid of up to EUR 3 000 per organisation of farmers, by the Member States, and by the Member States. costs arising from the organisation of courses and other training activities.

b) Concourses, auctions, exhibitions and fairs: Aid of up to 100,000 euros per organization of breeders, for the organization of cattlemen and participation in them.

B) Aid to the livestock sector:

(a) Creation and maintenance of genealogical books: The following maximum amounts are set, with a limit of EUR 700,000 per breed and breed organisation: EUR 2 per animal which in the period covered by the subsidy is enrol for the first time in the genealogical book.

EUR 5 per animal which has been positively qualified and which is registered in the main section, within the time limit for the submission of applications and EUR 10 for each animal in the main section which has been qualified during the period of the grant. For autochthonous breeds at risk of extinction, the above amounts may be doubled if the available budgetary resources permit. Notwithstanding the above, up to 100 per cent of the administrative costs relating to the activities of the herd book may be covered.

(b) Tests to determine the yield of livestock: For the control of meat yield in tests for offspring in the bovine species, a maximum amount of EUR 60 per female subject to control is established yields, which have had some descendants of that same pure breed in the period under financing, with a maximum of EUR 2000 per holding and in the case of individual valuation in a test centre, the amount shall be up to EUR 200 per animal rated. Half of these amounts will be applied to breeds of ovine and porcine species.

For the testing of young horses for performance control and other selection tests, the maximum amount per organisation of the tests shall be EUR 12,000 per test and in the case of final tests, if Prior classification and budgetary availability, this amount may be doubled. Notwithstanding the above, up to 70 per cent of the costs of the tests carried out for the determination of the performance of the livestock may be covered.

(c) Tests to determine the genetic quality of livestock: up to 70 per cent of the costs of tests carried out for the determination of the genetic quality of livestock may be covered.

(d) Aid for investment in testing centres, breeding centres and holdings: up to 40 per cent of the costs relating to investments in testing, breeding and deployment centres may be financed. innovative practices in the breeding of animals and the purchase of high quality animals and their semen.

2. If the total amount of aid requested exceeds the limit on the available budget, the maximum overall amount allocated to the grants shall be apportioned among the beneficiaries.

3. In any event, if the expenditure actually incurred was lower than the initially budgeted or other aid was obtained, which, in addition to those received under this Order, exceeds the financing rates, the (a) a deduction of the aid proportional to that granted in the relevant decision, and may, provided that there is budgetary availability, adjust the amounts to bring them into line with the applications received, activities shall be justified, as provided for in Article 14 of this provision.

Article 10. Instruction and collegiate body.

1. The instruction of the procedure corresponds to the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food. The assessment of applications, in accordance with the criteria laid down in Article 10 of this Order, shall be carried out by the collegiate body provided for in this paragraph and constituted by: (a) President, the Deputy Director General of Media Livestock Production.

b) Vocals: a representative of the General Intervention of the State Administration, two representatives appointed by the Federation of Select Livestock Associations (FEAGAS) and two officials of the General Media Subdirectorate Livestock Production. (c) Secretary: an official of the General Subdirectorate of Livestock Production Means, appointed by its holder.

2. Following the assessment of the case-file, the body referred to shall issue a report on it and shall, together with the dossier, raise the matter to the instructor body which, in the light of all the documentation received, shall raise the proposal for a resolution to the body. competent to do so or shall notify the parties concerned, where appropriate, of a proposal for a provisional decision, duly reasoned, giving an unextendable period of 10 days for the submission of claims, after the completion of which the Proposal for a final resolution.

3. In accordance with Article 27 of Law 38/2003, it is expressly provided that, where the amount of the grant of the provisional motion for a resolution is lower than the amount of the application submitted by the beneficiaries, may request the reformulation of the application from the beneficiary, in order to adjust the commitments and conditions to the grant.

Article 11. Resolution.

1. Applications for aid shall be determined by the holder of the Ministry of Agriculture, Fisheries and Food or, by delegation, by the appropriate body, in accordance with the provisions of Order APA 3119/2004 of 22 September of the Powers of the Ministry of Agriculture, Fisheries and Food.

2. The maximum period for issuing and notifying the decision shall be six months from the date of publication of the corresponding call for each year. The time limit has elapsed without having been notified to the parties concerned by the express decision. understand the request. 3. The decision shall be notified to the persons concerned in accordance with Articles 58 and 59 of Law 30/1992. The full content of the resolution shall also be set out in the bulletin board of the Ministry of Agriculture, Fisheries and Food. 4. The decision referred to in this Article ends the administrative route, and may be brought against the Administrative Court of Appeal before the Administrative Board of the National Court, within two months, without prejudice to the interposition, where appropriate, of a replacement, on a preliminary and a provisional basis, with the Minister for Agriculture, Fisheries and Food within one month.

Article 12. Obligations of the beneficiaries.

The beneficiaries of this aid will be obliged to: (a) Credit the performance of the actions which have been the subject of a grant, in accordance with the provisions of this Order.

b) To incorporate in a visible and easily readable form in the promotion and advertising material of the activity a logo of the Ministry of Agriculture, Fisheries and Food that allows to identify the origin of the grant. (c) To provide information as required by the Ministry of Agriculture, Fisheries and Food or the Court of Auditors and to submit to the checks and financial control measures necessary to be carried out by the inspection bodies competent. (d) to justify, as appropriate, the procedures for obtaining from its associates the express authorization for the transfer to the Administration of his personal data, for the purposes of the activities and the grants provided for in the the present provision. (e) To comply with the procedure for the distribution and application of the aid, in addition to the fact that it is in line with the zootechnical rules and the criteria of this provision, in order to cover the costs of the organisations themselves, they have an impact on the farmers themselves, to encourage and facilitate their participation and their permanence in the plans for the improvement of the breed in question. (f) Dispose of the accounting records, completed records and other documents duly audited, in the terms required by the commercial and sectoral legislation applicable to the beneficiary in each case, in order to guarantee the appropriate exercise of the powers of verification and control.

Article 13. Payment advances.

In accordance with Articles 17.3 (k) and 34.4 of Law 38/2003, payment advances may be made for the aid, on the basis of the justification for the activities under aid, subject to the provision of the aid. the beneficiary of a bank guarantee, of indefinite duration, in the same amount as the advance payment, and is made available to the Ministry of Agriculture, Fisheries and Food.

Article 14. Justification for the grants.

1. Once the grant applications have been resolved, the beneficiaries are obliged to accredit, with original documentation and two copies, before 1 November each year, to the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food, the performance of the activity which has been the subject of the grant, by means of a supporting memory, the minimum contents of which will be: (a) Identification of the beneficiary, with the indication of those recipients who have received a portion of the aid or incentives to participate in the activities provided for in this provision.

(b) the relationship and summary of the evidence of the performance of the activity, for which the financing is requested, relating to the amounts provided for in Article 9. Where other expenditure relating to the activities of Articles 5 and 6 and with the limitations provided for in Article 9 are included in the application, a summary of the expenditure which has been financed shall be incorporated, with an indication of its cost, with the supporting documents or any document with legal validity enabling the purpose of the grant to be accredited. Expenditure shall be credited by means of invoices and other documents of equivalent probative value, valid in commercial law or administrative efficiency, the reality of which may be established in a timely manner by the Administration. VAT shall be considered eligible expenditure, except where it is eligible for recovery by the beneficiary. c) Results obtained by the performance of the activity, quantified and valued, as well as the dissemination of the activity.

2. By way of derogation from the above paragraph and, in relation to the amounts referred to in Article 9 (1), where the production of invoices cannot be justified by the contribution of invoices, it may be carried out through the certification or certification, where appropriate, issued for those concepts and for such purposes, by a race inspector appointed by the Ministry of Agriculture, Fisheries and Food.

Article 15. Payment of the aid.

Once the activity has been justified, the grant will be paid.

Frated payments may be made over the course of the year, which will respond to the rate of execution of the supported actions and which will be paid for an amount equivalent to the justification presented.

Article 16. Amendment of the resolution.

Any alteration of the conditions under consideration for the grant of the grant may result in the modification of the grant decision. Also, if the expenditure actually incurred is lower than the initially budgeted, the resolution shall be amended and a deduction of the aid proportional to that granted in the relevant resolution shall be made, there is budgetary availability, readjustment of the amounts to bring them into line with the applications received, the activities of which must be justified, as set out in Article 14.

Article 17. Non-compliance and drawback.

If the beneficiary of any of the grants provided for in this Order fails to meet the deadlines, commitments and conditions provided for in this provision, regardless of other responsibilities in which it could have been It would lose the right to the grant granted, with the obligation to reimburse the amounts already received, increased with the interest of legal delay.

Likewise, the recovery of the amounts collected will be carried out, as well as the requirement of interest for late payment from the payment of the grant, in the cases referred to in Article 37.1 of Law 38/2003.

Single transient arrangement. Financial period for aid to associations for livestock farmers and trials for the selection of young horses in the year 2005.

By way of derogation from Article 2 of this provision and for the financial year 2005, the financing shall be subject to the aid lines for associations and organisations, relating to all livestock farmers and selection tests for young horses which appear in the respective calendars approved by the General Directorate of Livestock and which are to be held during the year 2005.

Final disposition first. Competence title.

This Order is issued under the exclusive State competence in the field of bases and coordination of the general planning of economic activity referred to in Article 149.1.13.

Final disposition second. Supplementary rules.

In all that is not provided for in this Order, the applicable legislation will be contained in Law 38/2003 and in the Rules of Procedure for the granting of public subsidies, approved by Royal Decree 2225/1993, of 17 of In December, the law does not object to the law.

Final disposition third. Entry into force.

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

Madrid, 30 March 2005.

ESPINOSA MANGANA