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Order Apa/981/2003, Of April 10, By Which Establish The Regulatory Bases And The Call For The Year 2003 Of Grants To Institutions, Companies And Professionals, Related To The Production And Marketing In The Agrar Industry...

Original Language Title: ORDEN APA/981/2003, de 10 de abril, por la que se establecen las bases reguladoras y la convocatoria para el año 2003 de las subvenciones a entidades, empresas y profesionales, relacionados con la producción y la comercialización en el sector agrar...

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TEXT

The Order of the Ministry of Agriculture, Fisheries and Food of 22 March 1999, as amended by the Order of 3 March 2000, established the rules for the granting of subsidies to entities, companies and professionals, relating 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 the procedure for the granting of public subsidies, approved by Royal Decree 2225/1993, December 17.

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 Department is performed by the Directorate General of Economic Planning and Institutional Coordination, through the General Secretariat of 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.

Likewise, Article 81 (6) of the Recast Text of the General Budget Law, approved by Royal Legislative Decree 1091/1988, of 23 September, provides that the Ministers will establish the appropriate regulatory bases. for the award 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 2003, in competitive competition, of the grants to entities, companies and professionals, related to the production and marketing in the agricultural sector, providing statistical, accounting and agricultural price data.

Article 2. Beneficiaries.

The legally constituted entities or companies, as well as professionals related to agricultural production and marketing, may be beneficiaries of these grants, which meet the following technical requirements:

1) Collaboration on agricultural price and statistical data:

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.

2) Collaboration on accounting data for the National Agrarian Network Program:

To be a holder of agricultural holding with an average annual sales volume equal to or greater than 15,000 Euros.

Article 3. Applications.

Applications to obtain the grants will be directed to the Minister of Agriculture, Fisheries and Food and will be presented, before 30 May 2003, in the Department's General Register or any of the locations. provided for in Article 38.4 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Applications shall, in each case, be adjusted to the models attached as Annexes I and II to this provision.

In the case of first applying for collaboration in agricultural price statistics (Annex I), an example will be attached to the application with: prices, commercial positions, specifications and, where appropriate, volumes marketed for those products you want to collaborate on.

Article 4. Instruction and motion for a resolution.

The instruction of the procedure will be carried out by the Subdirectorate General of Agro-Food Statistics, of the Directorate-General for Economic Planning and Institutional Coordination. The General Subdirectorate shall have the power to collect as many reports as it deems necessary for the purpose of assessing applications in accordance with the assessment criteria laid down in this standard and in the relevant statistical programmes, as well as to withdraw the hearing procedure, where necessary, in accordance with the provisions of Article 84 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, preparing the corresponding motion for a resolution, in which the relationship between the two applicants for which the grant of the grant is proposed, the amount of the grant and the valuation criteria used.

Article 5. Resolution.

The subsidies provided for in this provision shall be granted by the Minister for Agriculture, Fisheries and Food or by the body which has delegated this competence.

This resolution will be motivated, publishing an extract of its contents in the "Official State Gazette", in which it will indicate the place where the bulletin board is located in which it will be exposed its full content and deadline during which such public exposure will take place.

The decision of the procedure, which will put an end to the administrative route, will express the relationship of the applicants to whom the grant is granted and the amount granted, expressly stating that they will be rejected. other applications.

Article 6. Deadline for the resolution of the procedure and effects.

After the maximum period for resolving the procedure, which will be six months, counted from the day of the publication of this Order in the "Official Gazette of the State", without any express resolution, (a) it shall be deemed to be a disestimatory of the grant.

Article 7. 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.

Given the special technical characteristics of its manufacturing process, the accounting data subject to grant in one year shall be those for the preceding financial year.

Article 8. Selection criteria.

The selection of the submitted requests will be made by applying the following criteria:

1) Collaborators on agricultural price and statistical data:

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

b) Background analysis of supply collaborations, to the Ministry of Agriculture, Fisheries and Food, of data of content analogous to the subject of this Order.

2) Accountants in Accounting Data:

(a) Representativeness of the agricultural holding in relation to the type of holdings predominant in the area in which it is located.

b) Orientation of the productive activity of exploitation towards the market.

c) Analysis of the background of the exploitation in the supply, to the Ministry of Agriculture, Fisheries and Food, of data of content analogous to the object of this Order.

Article 9. 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, the following maximum limits are set in the amounts to be collected per contributor per year, depending on the type of data provided:

Statistics and agricultural prices: 2,206 Euros.

Accounting data: 126 Euros.

Article 10. Payment.

The payment of the grants will be made after checking that the information received corresponds to the content, time and form established.

Article 11. Control.

The control of the fulfillment of the object, conditions and purpose of the grant will be carried out in accordance with the provisions of the recast text of the General Budget Law, approved by Royal Legislative Decree 1091/1988, September 23.

If the amounts received are to be reintegrated into a subsidy, the procedure laid down in Article 8 of the Rules of Procedure for the granting of aid and subsidies shall be followed. This is the case for the public, approved by Royal Decree 2225/1993 of 17 December 1993, and in accordance with the provisions of the current General Budget Law.

Article 12. 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 2003 may not be higher than that shown in Annex III.

Additional provision second. Applicable rules.

The provisions of Articles 81 and 82 of the current General Budget Law and the Rules of Procedure for the granting of public grants, approved in accordance with the provisions of this Order, shall apply in all cases not provided for in this Order. by Royal Decree 2225/1993 of 17 December 1993.

Repeal provision.

The Order of 22 March 1999 laying down the rules for the granting of subsidies to entities, companies and professionals, relating to production and marketing in the agricultural sector, is hereby repealed. to provide statistical, accounting and agricultural price data and the Order of 3 March 2000 amending it.

Single end disposition. Entry into force.

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

Madrid, 10 April 2003.

CANETE ARIAS

ATTACHMENTS:

(SEE IMAGES, PAGES 15974 TO 15976)