The order APA/981/2003, on April 10, the Ministry of agriculture, fisheries and food, established the rules for the award of grants to institutions, companies and professionals, related to the production and marketing in the agricultural sector, which provide Department information about accounting, statistical data and agricultural prices; all this taking into account the requirements laid down in the regulation of the procedure for the granting of public subsidies, approved by Royal Decree 2225 / 1993 of December 17.
On the other hand, the Royal Decree 376/2003 of 28 March, which establishes the organizational structure of the Ministry of agriculture, fisheries and food, has determined that perform at their statistical functions related to the activities of the Department by the Undersecretary of agriculture, fisheries and food, through the Subdirectorate-General of food and agriculture statistics.
The management of the aid provided for in this order corresponds entirely to the General Administration of the State, in response to its object lies on a field of exclusive competence of the State, as it is the statistics for State purposes, and the need to ensure equality in the perception of aid by potential beneficiaries.
This order is run in accordance with provisions in the law 38/2003, 17 November, General subsidies.
By virtue, I have: article 1. Object.
This order is to establish the regulatory bases and the call, for the year 2004, on a competitive basis, subsidies to companies and professionals, related to the production and marketing in the agricultural sector, to provide statistical and data of agricultural prices, for the elaboration of statistical operations for State purposes, mandatory completion by the Ministry of agriculture Fisheries and food, to be included in the national statistical Plan.
Article 2. Beneficiaries.
They may be beneficiaries of subsidies which are regulated in the present order, the entities or legally constituted companies, as well as professionals related to production and the agricultural commercialization, which meet the following technical requirements: be entities, companies or professionals with implementation in the agricultural markets of provincial, regional or national level.
Have technical ability to present data with the formalities required by the rules of the European Union, that is applicable in each case.
Article 3. Applications.
1. applications for grants shall be addressed to the Minister of agriculture, fisheries and food, and is formalized in the model contained in annex I to this order.
2. in the case of request for the first time this subsidy, will be accompanied to the request an example with: prices, trade positions, specifications and, where appropriate, traded volumes of those products that want to collaborate.
3. the application shall be filed, by June 30, 2004, in the General registry of the Department or any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Article 4. Instruction.
1. the competent body for the instruction of the procedure for granting of subsidies will be the General Sub-Directorate of agricultural statistics, the Undersecretary of agriculture, fisheries and food.
2. this branch held ex officio actions it considers necessary for the determination, knowledge and verification of the data which the motion for a resolution shall be formulated.
The organ instructor shall have power to collect how many reports it deems necessary to resolve, and can evacuate the hearing process, as necessary, in accordance with the provisions of article 84 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3 instruction activities will include: a) request of many reports may be necessary to resolve.
In view of the record, the organ instructor will issue a report on compliance with the requirements to access the subsidy.
(b) evaluation of the applications.
Article 5. Evaluation of applications and motion for a resolution.
1. the evaluation of applications will take place by an evaluation Commission. This Commission shall be chaired by the Assistant Director-General of food and agriculture statistics, and will form part of the head of planning and statistical methodology, the Chief of the service prices and wages agricultural, and two technicians of the FAO. The College is governed by the provisions of chapter II of title II of law 30/1992.
2. the evaluation of requests shall be made in accordance with the criteria, forms and assessment priorities set out in this order.
3. you may set a phase of screening, in which compliance with the imposed conditions will be checked for acquiring the status of beneficiary of the subsidy.
4. once evaluated requests by the Commission's assessment, this will issue a report in which the result of the completed evaluation will be made.
5. the organ instructor, in sight of record, and the report of the assessment Committee, formulate the motion for a resolution, in which is expressed the applicant or ratio of applicants for which proposes the granting of the subsidy, and their amount, specifying their assessment and the criteria followed to carry out.
Article 6. Criteria for assessment of applications.
The evaluation of applications will take place through the application of the following criteria: to) contribution by the applicant's data regarding representative agricultural products in the geographical area over which advises.
(b) the result of a history of collaborations in the supply to this Ministry of content data analogous to those referred to in this order.
Article 7. Resolution.
1 regulated by this order grants will be awarded by the Minister of agriculture, fisheries and food or by a body in which he has delegated this competence.
2. the resolution will be motivated, and should express the applicant or list of applicants who are granted the subsidy, and the amount granted, with expression of the program and budget credit that is booked, by expressly stating that the remaining requests are disclaimed.
3. the deadline to resolve the resolution of the procedure shall be six months from the publication of the order of call for subsidies.
4. the resolution of the procedure shall be notified to the interested parties or a summary of its content will be published in the "official bulletin of the State", in accordance with the provisions of articles 58 and 59 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, which shall indicate the place where you will find the Bulletin Board that will be exposed its entire contents and term during which such public exposure will take place.
If the amount of the subsidy granted, individually considered, is less than $ 3,000, the publication in the "official bulletin of the State" will not be necessary. In this case, the publication of the full contents of the resolution will take place on the Bulletin Board of the Ministry of agriculture, fisheries and food, for a period of not less than fifteen days.
Article 8. Resources.
The resolution referred to in the preceding article puts an end to the administrative procedure. Against this resolution can be brought, with prior and optional character, appeal, before the his Excellency Mr. Minister of agriculture, fisheries and food, within the period of one month, counting from the day following the notification or publication, or be challenged directly before the Chamber of administrative litigation of the Audiencia Nacional, within the period of two months , as provided in articles 116 and 117 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. In any case both ways impugnatorias can synchronize.
Article 9. Financial year to which the data refer.
Subsidies granted in a given year, for information and statistics of agricultural prices, it will be by the data for that year.
Article 10. Amount and limits.
Grants will be awarded on an annual basis, only once and in amounts proportional to the volume and complexity of data to provide. However, establishes, for the year 2004, the maximum limit of 2,290 Euros in quantity to receive partner, depending on the type of data provided.
Article 11. Payment.
The payment of the grant will be held prior justification, by the beneficiary of the activity for which it is granted, and after checking that the information received correspond to the content, time and form established, i.e., such payment is subject to reception, of compliance by the Ministry, of the supplied data.
Article 12. Control and reinstatement of quantities.
Control of compliance with the object, terms and purpose of the grant, be effected in accordance with the provisions of title III of law 38/2003 of 17 November, General subsidies.
Where it is necessary to reinstate the amounts received in respect of the grant, follow the procedure laid down in title II of the law mentioned in the previous paragraph.
Article 13. Statistical confidentiality.
Individual statistical data shall be protected by statistical confidentiality, under the terms established by law 12/1989, of May 9, public statistics function.
First additional provision. Limit of recipients.
The maximum number of recipients of subsidies in 2004 may not exceed as set out in annex II.
Second additional provision. Applicable regulations.
In all matters not provided in this order, shall apply the provisions in the law 38/2003 of 17 November, General of subsidies as well as the rules of procedure for the granting of public subsidies, of December 17, 1993, as does not object to provisions of the aforesaid law.
Third additional provision. Budgetary implementation.
The financing of grants shall be charged to the allocations of budgetary application 21.01. 711A. 772 "analysis and national information of the magnitudes of the sectors".
It is repealed the order APA/981/2003, of 10 April 2003, by which establish the rules for subsidies to institutions, companies and professionals, related to the production and marketing in the agricultural sector, facilitating agricultural prices, accounting and statistical data.
Sole final provision. Entry into force.
This order shall enter into force the day following its publication in the "official bulletin of the State".
Madrid, 14 May 2004.
ESPINOSA MANGANA (see images, pages 19258 to 19259) Annex I annex II territorial distribution of the maximum number of beneficiaries in the year 2004 (Ministerial order of... of... of 2004, BOE...)
Statistical data and price sectors fruits and vegetables oleaginous came oil cattle sheep pig poultry and eggs honey milk means of 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 Canarias ....................................... - 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 Navarra... 1 1-1 1 2-6 Basque country... - 1 - 1 Valencia... - 2 - 1 - 1 1 4 2 2 - 13 Total... 30 40 11 10 10 47 20 30 36 13 30 3 280