Order APA/981/2003 of 10 April of the Ministry of Agriculture, Fisheries and Food established the rules for the granting of subsidies to entities, companies and professionals, related to production and marketing in the agricultural sector, which provide the Department with information on statistical, accounting and agricultural price data; all taking into account the requirements laid down in the Rules of Procedure for the granting of public grants, approved by Royal Decree 2225/1993 of 17 December 1993.

On the other hand, Royal Decree 376/2003 of 28 March establishing the organic structure of the Ministry of Agriculture, Fisheries and Food has determined that the statistical functions relating to the activities of the The department is to be carried out by the Under-Secretary of Agriculture, Fisheries and Food, through the General Secretariat for Agro-Food Statistics.

The management of the aid provided for in this Order corresponds in its entirety to the General Administration of the State, in view of the fact that its object falls on a matter of exclusive competence of the State, as is the case for state purposes, and for the need to ensure equality in the perception of aid by potential beneficiaries.

This Order is issued in accordance with the provisions of Law 38/2003 of 17 November, General of Grants.

In its virtue, I have:

Article 1. Object.

The purpose of this Order is to establish the regulatory bases and the call, for the year 2004, in competitive competition, of the grants to entities, companies and professionals, related to the production and marketing in the agricultural sector, providing statistical and agricultural price data, for the production of statistical operations, for state purposes, of compulsory completion by the Ministry of Agriculture, Fisheries and Food, to be included in the National Statistical Plan.

Article 2. Beneficiaries.

May be beneficiaries of the grants that are regulated in this Order, the legally constituted entities or companies, as well as professionals related to the agricultural production and marketing, that satisfy the following technical requirements:

To be entities, companies or professionals with implementation in agricultural markets at provincial, regional or national level.

To have the technical capacity to present the data with the formalities required by the European Union legislation, which is applicable in each case.

Article 3. Applications.

1. Applications for grants shall be addressed to the Minister for Agriculture, Fisheries and Food and shall be formalised in the model set out in Annex I to this Order.

2. In the case of first applying for such a grant, an example will be attached to the application with: prices, commercial positions, specifications and, where appropriate, volumes marketed of those products in which you wish to collaborate.

3. Applications shall be lodged before 30 June 2004 in the General Register of the Department or in any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations. Public and the Common Administrative Procedure.

Article 4. Instruction.

1. The authority responsible for the procedure for granting the grants shall be the Deputy Directorate-General for Agri-Food Statistics, the Under-Secretary for Agriculture, Fisheries and Food.

2. Such a sub-directorate shall carry out its own initiative as many actions as it deems necessary for the determination, knowledge and verification of the data under which the motion for a resolution shall be formulated.

The instructor body shall have the power to collect as many reports as it deems necessary to resolve, and may withdraw the hearing procedure, where necessary, in accordance with the provisions of Article 84 of Law 30/1992, 26 November, Legal Regime of the Public Administrations and the Common Administrative Procedure.

3. Instruction activities shall include:

a) Request how many reports are required to resolve.

In view of the file, the instructor will issue a report on compliance with the requirements for access to the grant.

b) Evaluation of applications.

Article 5. Assessment of applications and motion for a resolution.

1. The assessment of the applications shall be carried out by a Valuation Commission. This Commission shall be chaired by the Deputy Director-General for Agro-Food Statistics, and shall form part of it the Head of the Statistical Planning and Methodology Area, the Head of the Agricultural Price and Wage Service, and two Technicians of the Sub-direction. That collegiate body shall be governed by the provisions of Chapter II of Title II of Law 30/1992.

2. The assessment of applications shall be carried out in accordance with the criteria, forms and priorities of assessment set out in this Order.

3. A pre-assessment phase may be established, in which compliance with the conditions imposed to acquire the status of beneficiary of the grant shall be verified.

4. Once the applications have been evaluated by the Valuation Commission, the Commission will issue a report setting out the results of the evaluation.

5. The instructor, in the light of the file, and of the report of the Valuation Commission, shall formulate the motion for a resolution, in which the applicant or the relationship of applicants for which the grant of the grant is proposed shall be expressed, and its value, specifying its assessment and the assessment criteria followed for carrying out the assessment.

Article 6. Criteria for the assessment of applications.

The valuation of the requests will be done by applying the following criteria:

(a) Contribution by the applicant of data relating to representative agricultural products in the geographical area on which it informs.

b) A background result of the supply to this Ministry of data of similar content to those referred to in this Order.

Article 7. Resolution.

1. The subsidies provided for in this Order shall be granted by the Minister for Agriculture, Fisheries and Food or by an organ in which the Minister has delegated this competence.

2. The decision shall be reasoned and shall state the applicant or the applicant's relationship to which the grant is granted, and the amount granted, with the expression of the budgetary programme and credit to which it is charged, expressly stating that: the remaining applications are rejected.

3. The maximum period for resolving the decision of the procedure shall be six months from the date of publication of the Order for the convocation of grants.

4. The decision of the procedure shall be notified to the persons concerned and/or an extract of their contents shall be published in the "Official Gazette of the State", in accordance with the provisions of Articles 58 and 59 of Law 30/1992, of 26 November, of Regime Legal of Public Administrations and of the Common Administrative Procedure, in which the place where the bulletin board is located will be indicated, its entire content, and the period during which such public exposure will have place.

If the amount of the grant awarded, individually considered, is less than 3,000 Euros, the publication in the "Official Gazette of the State" will not be necessary. In this case, the publication of the full content of the Resolution will be made in the bulletin board of the Ministry of Agriculture, Fisheries and Food, for a period of not less than 15 days.

Article 8. Resources.

The resolution referred to in the previous article puts an end to the administrative route. Against that resolution, it may be brought before the very excellent Minister of Agriculture, Fisheries and Food, before the very excellent Minister of Agriculture, Fisheries and Food, within one month, from the day following that of his notice or publication, or be directly challenged before the Office of the Administrative-Administrative of the National Court, within two months, as provided for in Articles 116 and 117 of Law 30/1992, of 26 November, of the Legal framework for public administrations and the common administrative procedure. In no case can both avenues be contested.

Article 9. Financial year to which the data relate.

The grants to be awarded in a given year, for information on statistics and agricultural prices, will be for the data for that year.

Article 10. Amount and limits.

The grants will be awarded on an annual basis, at one time and in proportion to the volume and complexity of the data to be provided. However, for the year 2004, the maximum limit of EUR 2,290 in the amount to be collected per contributor, according to the type of data provided, is established.

Article 11. Payment.

The payment of the grant will be made on the basis of justification, by the beneficiary, of the performance of the activity for which it is granted, and after verifying that the information received corresponds to the content, the the time and form established, that is to say, the payment is conditional on the receipt, in accordance, by the Ministry, of the data provided.

Article 12. Control and refund of quantities.

The control of the fulfillment of the object, conditions and purpose of the grant shall be carried out in accordance with the provisions of Title III of Law 38/2003 of 17 November, General of Grants.

In case it is necessary to reintegrate the amounts received as a grant, the procedure laid down in Title II of the Law referred to in the preceding paragraph shall be followed.

Article 13. Statistical secret.

The individual statistical data provided will be protected by statistical confidentiality, in the terms established by Law 12/1989, of May 9, of the Public Statistical Office.

Additional disposition first. Limit of recipients.

The maximum number of recipients of grants in 2004 may not be higher than that shown in Annex II.

Additional provision second. Applicable rules.

In all that is not provided for in this Order, the provisions of Law 38/2003 of 17 November, General of Grants, as well as the Rules of Procedure for the granting of public subsidies, of 17 of December 1993, as soon as it is not opposed to the provisions of the Act cited above.

Additional provision third. Budgetary implementation.

The funding of grants will be made from the allocations of budget implementation 21.1.1.711A.772 "Analysis and national information of the magnitudes of the sectors".

Repeal Provision.

Order APA/981/2003 of 10 April 2003 laying down the rules for the granting of subsidies to entities, companies and professionals, relating to production and marketing in the Member State concerned, is hereby repealed. agricultural sector, providing statistical, accounting and agricultural price data.

Single end disposition. Entry into force.

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

Madrid, 14 May 2004.

ESPINOSA MANGANA

(SEE IMAGES, PAGE 19258 TO 19259)

ANNEX I

ANNEX II

Territorial distribution of the maximum number of beneficiaries in 2004 (Ministerial Order of .... of 2004, BOE ....)

In statistical and price data by sectors

Fruit and

vegetables

Oilseeds Wine Sheep Oil Pigs Poultry and Eggs

Milk

production Total

Territory

Cereals

Andalusia ..................................... 2 10 2 1 4 2 1 4 3 3 2-34 Aragon ......................................... 4 3--5 4 5 2---23 Principality of Asturias ..................... 1---2---3-6 Illes Balears ...................................--------1-1 Canary Islands .......................................-1----------1 Cantabria ......................................----4----1-5 Castilla y León ............................... 9 2 3--7 3 5 4 2 6-41 Castilla-La Mancha .......................... 4 8 2 5 2 4 3 2 5 2 2-39 Catalonia ....................................... 4 4 3 1 2 11 3 3 8 1 4-44 Extremadura ................................. 2 4-1 2-1 3 1 2--16 Galicia .......................................... 1 1---6-2 2 1 4-17 La Rioja ........................................-1---------1 Madrid ......................................... 2-1--5 2 2 4-5 3 24 Region of Murcia ............................-3-1-1 1 2----8 Navarre ........................................ 1 1---1 1 2---6 Basque Country .....................................--------1---1 Valencian Community .....................-2 -1-1 1 4 2 2-13

Total ............................................ 30 40 11 10 10 47 20 30 36 13 30 3 280