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Royal Decree 2128 / 2004, Of 29 October, Which Regulates The Farming Land Geographical Information System.

Original Language Title: Real Decreto 2128/2004, de 29 de octubre, por el que se regula el sistema de información geográfica de parcelas agrícolas.

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Since its establishment in 1993 under Regulation (EEC) No 3508/92 of the Council of 27 November 1992, the integrated administration and control system has been composed, inter alia, of declarations or 'area' aid applications and an alphanumeric system for the identification of agricultural parcels drawn up from drawings, cadastral documents, other cartographic references of aerial photographs or spatial images, or of others supporting references.

The parcel identification system, as referred to in Article 2 of Regulation (EEC) No 3508/92, has been based in Spain on the existing cadastral reference for the entire national territory, which has permitted the performance of administrative control of all surfaces declared with computer media and their location on the ground by cadastral mapping.

During the years of operation of the integrated management and control system, the European Commission has assessed the effectiveness of the system and highlighted the difficulties encountered in carrying out administrative checks on the areas declared and, in particular, the costs and time limits necessary to address the anomalies in the declarations.

In order to resolve these problems and in accordance with the experience gained in a number of Member States, Council Regulation (EC) No 1593/2000 of 17 July 2000 amending Regulation (EEC) No 3508/92 establishes an integrated management and control system (IACS) of certain Community aid schemes, requires the creation of a digital graphic system for the identification of agricultural parcels, using information technology geographic.

As a result, on 1 January 2005 each Member State must have a graphical database of all digitised crop plots, with a precision equivalent, at least, to a mapping of 1:10,000.

Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct aid schemes in the framework of the common agricultural policy and establishing certain common rules for the aid schemes for farmers and for which various regulations are amended, repeals Regulation (EEC) No 3508/92, but contains, in Article 20, the same obligations in relation to the system for the identification of agricultural parcels. The detailed rules for implementing the Regulation as regards the integrated management and control system are laid down in Commission Regulation (EC) No 796/2004 of 21 April 2004.

Article 23 (3) of Regulation (EC) No 1782/2003 provides that each Member State shall appoint an authority responsible for the coordination of controls established in the field of the integrated management and control system. The competent authority in Spain to carry out such coordination is the Spanish Agricultural Guarantee Fund (FEGA), in accordance with the provisions of Article 3.6 of Royal Decree 1441/2001 of 21 December 2001 approving its status. It is also responsible for monitoring the actions of the autonomous communities in the area of their competence, with a view to ensuring the harmonised application of Community legislation in the national territory, as well as the monitoring of the harmonised application in the national territory of the controls and penalties which, as a result of the Community rules, must be applied by the autonomous communities in accordance with their powers.

Also, Commission Regulation (EC) No 2366/1998 of 30 October 1998 laying down detailed rules for the application of the system of aid for the production of olive oil develops the characteristics of the the geographical information system provided for in Article 2.1 of Council Regulation (EC) No 1638/1998 of 20 July 1998.

In order to establish the framework for technical, financial and administrative collaboration for the generation of the geographical information system for agricultural parcels throughout the national territory, agreements have been formalized collaboration between the State and the Autonomous Communities.

This royal decree aims to establish the basic criteria to ensure the proper functioning of the geographical information system for agricultural parcels as a tool for the use of agricultural parcels in the management of Community aid, being the identifying basis for any type of aid related to the area.

This system generated from the available rustic cadastral information incorporates the necessary elements to facilitate the management and control of the Community aid. In order to ensure an efficient use of public resources and to improve the service to farmers, the necessary coordination with the information contained in the real estate registry is foreseen.

This royal decree is dictated by the habilitation contained in article 149.1.13.a of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of general planning. of economic activity.

In its processing, it has been submitted to the autonomous communities and representative entities of the affected sectors.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day of 29 October 2004,

D I S P O N G O:

Article 1. Object.

This royal decree establishes the rules of application in Spain of the system of geographical information of agricultural parcels (SIGPAC) and its use as an instrument of management in the framework of the integrated management and control system and other aid schemes related to the area of the common agricultural policy.

Article 2. Using the SIGPAC.

1. The system of identification of agricultural parcels provided for in Article 20 of Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules shall be the system for the identification of agricultural parcels as from 1 January 2005. (a) to apply to direct aid schemes under the common agricultural policy and to introduce certain schemes to assist farmers and to amend various regulations for the purposes of managing and controlling the aid provided for in the aid scheme, as well as for aid schemes where the parcels are to be identified, therefore the only reference basis for the identification of agricultural parcels in the framework of the common agricultural policy.

2. However, exceptionally, in areas where the use of SIPPAC is not possible due to the existence of territorial modifications or other duly justified reasons, the autonomous communities may determine the use of the SIPPAC. temporary, in those areas, from other official identification of parcels, for all aid schemes in which they need to be identified.

Article 3. Nature and legal nature of the SIPPAC.

1. SIGPAC is a public register of an administrative nature, dependent on the Spanish Agricultural Guarantee Fund and the Consejeries with powers in the field of agriculture of the autonomous communities, which contains information on the plots of land which may benefit from Community aid related to the area and has graphic support for the land and parcels and areas with defined agricultural uses or uses.

2. SIGPAC is configured as a database with the technical characteristics defined in Annex I, which contains a digitised cartographic image of the entire national territory, consisting of aerial orthoimages and a geographical delimitation of each plot of land with its individual reference and the attributes corresponding to its geometry and agricultural use, which may be:

a) Centralized in the Ministry of Agriculture, Fisheries and Food. The information will reside on the server of the Ministry of Agriculture, Fisheries and Food, which will make it available to the Autonomous Communities and users in the form that is determined, and to which the management and maintenance of the system computer.

b) Distributed among the Autonomous Communities. In this case, the information will reside in the servers of the autonomous communities, corresponding to the Ministry of Agriculture, Fisheries and Food management and maintenance of the central computer system, and to the autonomous communities, the management and maintenance of your own systems.

c) Mixed. In this case, some autonomous communities shall participate in the option referred to in subparagraph (a), while others shall take part in the option referred to in subparagraph (b), although the decision may be taken after the entry into operation of the system.

3. In all cases, the information will be updated via terminals available in the Autonomous Communities which will be responsible for managing and exploiting the information concerning their territory.

4. Regardless of the system adopted, the information contained in the SIPPAC is unique, allowing this, at all times, to consult updated data from all the national territory. The selection of a given option should allow the maintenance of a continuous graphical system to ensure the quality of the information contained and its uniformity throughout the Spanish territory.

Article 4. Definitions.

For the purposes set out in this royal decree, the following definitions shall apply:

a) Parcela: a continuous surface of the terrain with a unique alphanumeric reference represented graphically in the SIGPAC.

(b) Enclosure: a continuous area of land within a parcel with a single agricultural use of those defined in Annex II.

Article 5. Integration of the olive geographical information system to the SIPPAC.

1. The computerised graphical basis, with the individual location of the olive trees and the area of the olive-growing areas of the olive-growing geographical information system, shall be integrated into the SIPPAC.

2. SIGPAC shall, for this purpose, replace the geographical information system for olive cultivation, once this operation has been made available to the autonomous communities.

3. From that time on, the tasks conferred by Royal Decree 286/2002 of 22 March 2002 on the aid for the production of olive oil to the Standing Committee for the Management and Maintenance of the System of the European Community Geographical information shall be developed by the respective autonomous community, in accordance with the provisions of Article 6 of this royal decree.

Article 6. System of operation and maintenance of the SIPPAC.

1. The autonomous communities are responsible for the operation and maintenance of the SIGPAC in its territory. To this end, they shall establish appropriate measures for:

(a) Assist producers in their use, by providing the necessary information for agricultural parcels so that they can properly fill in the area's aid applications.

b) Understanding and resolving claims that may be raised by producers on their content.

c) To incorporate the updates of agricultural uses and the system of operation of the enclosures into the database, the modifications by reallocation of the enclosures of a plot and those relating to the olive trees and their characteristics.

2. The Spanish Agricultural Guarantee Fund will coordinate the proper functioning of the SIPPAC, to guarantee the homogeneity of its exploitation and the maintenance by the autonomous communities, through the coordination table of the SIGPAC to be refers to Article 7.

It shall also adopt the measures necessary for the proper incorporation, for the purposes of its use as from 1 January 2006, of the information relating to nuts provided for in Article 6.3 of the Regulation. (EC) No ) No 796/2004 of 21 April 2004 laying down detailed rules for the application of cross-compliance, modulation and the integrated management and control system provided for in Regulation (EC) Noor 1782/2003.

Article 7. SIGPAC coordination table.

1. The coordination bureau of the SIPPAC (hereinafter referred to as the coordination bureau) is hereby established as a collegiate body, attached to the Spanish Agricultural Guarantee Fund through its president, for the coordination of all works related to the exploitation and maintenance of the SIPPAC, exchange of information and incorporation of technological innovations that are required for its best functioning.

2. It also corresponds to the coordination table:

a) To know the agreements and agreements signed between the Ministry of Agriculture, Fisheries and Food and the Autonomous Communities with public or private entities on the disposal of data from the SIPPAC, according to the criteria (a) to the effect of the Sectoral Conference on Agriculture and Rural Development.

b) Agree, on a proposal from the Autonomous Communities, on the form and conditions for updating the SIGPAC, by approving the system renewal plan, including updating of ortho-photos, parcelary modifications, thematic layers of agricultural uses and how much information should be regularly updated.

c) Approve, on a proposal from the Ministry of Agriculture, Fisheries and Food or Autonomous Communities the incorporation of new information in the graphic base, as well as the application of the innovations or technological processes in the system, modification of conditions or access regime, or data processing.

d) To know the projects of general provisions that are dictated in the development of this royal decree.

e) The realization of how many functions are accurate for the best fulfillment of their purposes.

3. The coordination bureau shall be composed of responsible persons appointed by the competent authorities, in accordance with the following composition:

a) President: the President of the Spanish Agricultural Guarantee Fund.

b) Vice-President: The Subdirector General of Regulatory Harmonization and Integrated System of the Spanish Agricultural Guarantee Fund.

c) Vocals:

1. A representative for each of the autonomous communities that decide to integrate.

2. Two representatives of the Spanish Agricultural Guarantee Fund, appointed by its President.

3. The Deputy Director-General for Information and Communications at the Ministry of Agriculture, Fisheries and Food.

4. A representative of the Directorate-General of Agriculture, of the Ministry of Agriculture, Fisheries and Food, appointed by the head of the aforementioned management centre, with the rank of deputy director-general.

5. A representative of the Directorate-General for Rural Development, of the Ministry of Agriculture, Fisheries and Food, appointed by the head of the aforementioned management centre, with the rank of deputy director-general.

6. A representative of the Deputy Secretary of Agriculture, Fisheries and Food, appointed by the head of the aforementioned management centre, with the rank of deputy director-general.

7. A representative of the General Directorate of the Catastro, Ministry of Economy and Finance, with rank of deputy director general.

(d) Secretary: an official of the Spanish Agricultural Guarantee Fund, appointed by its President.

4. In case of absence, vacancy, illness or other causes, the vice president shall replace the president.

5. The coordination bureau of the SIPPAC may decide on the assistance of experts, with a voice but without a vote, and set up the working groups it deems appropriate for the best performance of its tasks.

6. The legal system, as not provided for in this royal decree, shall be in accordance with the rules contained in the matters of bodies governed by Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations. and the Common Administrative Procedure.

Article 8. Collaboration between public administrations.

1. For the development of the actions provided for in this royal decree, the framework for technical, financial and administrative collaboration between the FEGA and the autonomous communities, in particular as set out in Article 7.2.b) and c), shall be established.

2. Likewise, the information contained in the SIGPAC will be coordinated with that of the Real Estate Catastro, especially by means of the expression of the cadastral reference of the buildings belonging to the agricultural parcels and the formulas of collaboration, both technical and financial, between the FEGA and the General Directorate of the Catastro, in order to maintain the appropriate coherence between the data available on both systems.

ADDITIONAL DISPOSITION

Unica. Use of the vineyard register and coordination with SIGPAC.

1. Without prejudice to Article 2, for area-related aid in the wine sector, the vineyard register may be used as a parcel identification system.

2. By way of derogation from the preceding paragraph, in the regular updates of the vineyard register which occur after the entry into operation of the SIPPAC, the graphic and alphanumeric identification information of the SIGPAC shall be provided. plots for this system.

TRANSIENT PROVISIONS

First. Implementation of the SIGPAC.

The implementation of the SIGPAC will be carried out in a gradual manner and will be carried out in accordance with the planning established by the coordination table, with its full operational status guaranteed on 1 January 2005.

Second. Particularities of the adequacy of the geographical information system for olive cultivation to SIGPAC.

By way of derogation from Article 5, in those autonomous communities in which the provision of the geographical information system for olive cultivation is prior to the entry into operation of the SIGPAC, the functions there Those of the Standing Committee for the Management and Maintenance of the Geographic Information System shall be developed by the Autonomous Community from the date of making available to the olive-growing geographical information system.

Third. Implementation of the SIPPAC in the Autonomous Community of the Canary Islands.

By way of derogation from Article 2, in the Autonomous Community of the Canary Islands, taking into account the uniqueness of the outermost region, other parcel identification systems may be used until 1 January 2006. for the set of specific aid for this Autonomous Community not covered by Title IV and Annex V to Regulation (EC)1782/2003.

FINAL PROVISIONS

First. Competence title.

This royal decree is dictated by the habilitation contained in article 149.1.13.a of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of general planning. of economic activity.

Second. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to dictate the provisions required for the development of this royal decree and, in particular, to make amendments or updates to the annexes. required.

Third. Entry into force.

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

Given in Madrid, 29 October 2004.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

ELENA ESPINOSA MANGANA

ANNEX I

SIPPAC technical features

I. Characteristics of the database

1. Graphic information. The graphic information of the SIPPAC is composed of the geographical delimitation referenced from each plot of land, which shall contain one or more enclosures classified with one of the uses referred to in Article 4, superimposed on a digital photographic images obtained by ortorrectification of aerial photographs or satellite images, which meet the standards required for a mapping of minimum scale 1:5,000, providing a continuous view of territory of the entire national territory.

2. Alphanumeric information. The alphanumeric database contains the following minimum information for each of the enclosures: identification codes, measured surface, perimeter, SIPPAC surface, assigned usage code, detected incidents in the subdivision and irrigation coefficient (only in enclosures with earable land use), as well as the number of olive tree olive plots and their identifying characteristics (additional olive trees, replacement or historical olive trees with the right to help).

II. Characteristics of the computer system

The functional model of the SIGPAC responds to a centralized or distributed data architecture whose updating is done from terminals or local systems located in the autonomous communities, according to the same technical and security requirements.

The computer system manages all the graphical and alphanumeric information indicated in section I.

1. Basic functions that the computer system allows:

a) Consultation of the information by all the actors of the sector-farmers, collaborating entities and public administrations-through the computer systems ready to the effect. This query can be made through local copies or directly from the Internet.

b) Updating the database, either by directly editing or replacing the information from the installed systems in the autonomous communities, subject to the necessary security requirements.

c) Export of information from the database, from a specific area of the territory, in different formats, producing files that are transmitted through the communications system, with the corresponding requirements of security.

2. Security system:

a) Consta a security system based on the user-password pair, for functions that involve updating data, designed to allow, in the future, the implementation of digital identity certification systems user.

b) You have access control mechanisms to allow each user to assign their acting capabilities.

(c) The Ministry of Agriculture, Fisheries and Food and the Autonomous Communities shall ensure the security and integrity of the information and the system of authorisation and access to the system. In any case, the identity of the author of any modification must be known and the date on which it was made, in addition to having access to the information at any given date.

3. Communications system. The communications model is based on the use of an extranet or internet depending on the type of user and the functions attributed. The security requirements of the communications system will be high. Those requirements shall be defined by the Ministry of Agriculture, Fisheries and Food.

a) Extranet: network based on private circuits, and/or virtual private networks on public circuits, which allow to maintain the single database, interconnecting the different information systems that constitute the SIGPAC. Enables the transfer of data relating to query and update processes, in an agile and secure way.

b) Internet: a network used for database queries by end users.

ANNEX II

Uses defined in the SIGPAC

Forest

No

Inverters and Low Crops plastic

No

Arable

Frutal-Vineyard Association

-Fruit Association

No

No

Zant_table_izq"> citrus (*)

Outline

Waterstreams and water surfaces

Edifications

Huerta

Unproductive

No

No

No

No

Arable Earth

Yes

Vials

No

censored zone

Concentrated zone not reflected in the ortho (**)

(1)

Zone

No (2)

(*) The use of "citrus" SIGPAC will only be allocated on those plots marked as such in a citricola GIS.

(**) This use may be used when there is a parcelary concentration in an area of a municipal term and an updated ortho-photo that reflects that concentration cannot be counted.

(1) In these zones there may be different uses of land, that is, there is the possibility of being or not considered as arable land or having or not grazing by grazing.

(2) If an urban area includes parcels with a crop declaration of which a sufficiently clear sketch is provided, the parcels shall be recorded with their corresponding use of SIGPAC.