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Royal Decree 347/2003, Of 21 March, Which Regulates Milk Quota Management System.

Original Language Title: Real Decreto 347/2003, de 21 de marzo, por el que se regula el sistema de gestión de cuota láctea.

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TEXT

As a result of the Berlin Agreement on the agricultural section of Agenda 2000 and, in particular, on the reform of the common organisation of the market in milk and milk products, Regulation (EC) No 1364/2000 was adopted. Council Regulation (EC) No 1256/1999 of 17 May 1999 amending Council Regulation (EC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector, applicable from 1 January 1992, April 2000.

This regulation extends the milk quota regime for eight new 12-month periods, until 1 April 2008, increases the overall guaranteed quantities of Member States, strengthens the position of the Member States, active producers and extends the degree of subsidiarity of the Member States in certain aspects related to the regulation of individual transactions between individuals.

On the other hand, the judgments of 15 February 2001 and 95/2001 of 5 April 2001, handed down by the plenary of the Constitutional Court in the relevant conflicts of jurisdiction, which they attribute to the Court, have been taken into consideration. State the competence to adopt the final resolution of the allocation of quotas from the national reserve, and to the autonomous communities where they do not come from the national reserve.

Also, the experience acquired in the management and the structural evolution found in the sector induce to propose certain reforms in order to adapt the mechanisms of restructure currently in force to the current situation of the sector. In this respect, it has been considered appropriate to amend the requirements and limits for the allocation of quota from the coordinated national milk quota fund, extending the possibilities for producers to participate. It also clarifies aspects relating to time limits and ways of dealing with other management procedures which seek to better coordinate and treat producers in all the autonomous communities and, therefore, better compliance with the requirements of the supplementary levy scheme.

The parliamentary agreement is also included in relation to the extension of the categories of producers who can acquire untied quota from the holding.

Finally, it is necessary to consider that the national legislation referring to the dairy sector currently in force suffers from a regulatory dispersion that makes it extremely difficult to study, consult and understand. The fact that part of it, moreover, has been repealed in certain articles is aggravating this situation. This results in the need for a collection and codification of the rules, which is also addressed to this provision.

As a conclusion, and for reasons of simplification of the rules already mentioned, it is appropriate to repeal, on the other hand, certain obsolete provisions today, and to adapt the precepts in them contained in the current circumstances. This is the case with Royal Decree 1888/1991 of 30 December 1991 establishing a plan for the reordering of the milk and milk products sector and of Royal Decree 324 /1994 of 28 February laying down rules for the management of milk and milk products. of the milk and milk products sector and of the supplementary levy scheme, as well as of Royal Decree 2230/1994 of 18 November 1994 laying down rules for the allocation of reference quantities of milk from the reserve national.

On the other hand, it is also appropriate to repeal provisions which, without being obsolete, must be adapted to the aforementioned reform of Agenda 2000. This is the case with Royal Decree 1486/1998 of 10 July 1998 on the modernisation and improvement of the competitiveness of the milk sector and Royal Decree 174/1998 of 16 February 1998 laying down general rules for the distribution of certain milk products. reference quantities integrated into the national milk quota reserve.

In the process of drawing up this provision, the autonomous communities have been consulted, as well as the sectors affected.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, after the approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on 21 March 2003,

DISPONGO:

CHAPTER I

Objective and Basic Provisions

Section 1.

Article 1. Object.

This royal decree is intended to regulate the system of management of the milk quota in Spain.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

(a) Milk: the product from the milking of one or more cows.

b) Other dairy products: cream, butter and cheese, especially.

(c) Producer: the farmer, natural or legal person or group of natural or legal persons whose holding is situated in the Spanish territory, selling milk or other milk products directly to the consumer, or deliver to a buyer.

(d) Exploitation: the set of production units managed by the producer and located in the Spanish territory. Each production unit shall have the corresponding operating code in accordance with Royal Decree 205/1996 of 9 February establishing a system for the identification and registration of bovine animals, swine, ovine and caprine animals, or applicable standard, where applicable.

(e) Buyer: the undertaking or group, duly authorised by the legislation in force in the supplementary levy scheme, to buy milk or other milk products from the producer to treat or transform them, or, where appropriate, to cede to one or more companies that treat or transform milk or other dairy products.

(f) Delivery: any sale or disposal of milk or other milk products by the producer to an authorised purchaser, irrespective of who carries out the transport.

g) Direct sale: free sale or disposal of milk or milk equivalent sold directly to consumption, as well as milk or milk products converted into milk equivalents, sold or transferred free of charge without the mediation by a treating or processing company of milk or other milk products.

(h) Dairy quota: the individual reference quantity of milk, expressed in kilograms and linked to a fat content expressed as a percentage, allocated to each holding. This may be divided, where appropriate, into a quantity for delivery and another quantity for direct sale. For each holding, there shall be no more than one reference quantity for delivery to buyers and, where applicable, a reference quantity for direct sales to consumption.

i) Period: the one that begins on April 1 of each year and ends on March 31 of the following year.

(j) Use of the part of milk quota for direct sale: where, under the quota allocated in this respect, the producer places milk or other milk products directly on the consumer, or when he carries out temporary disposals of this part of the quota.

k) Use of the part of the milk quota for delivery: where, from the quota allocated in this respect, the producer makes deliveries to an authorised purchaser or temporary disposals of this part of the quota.

l) Force majeure cases.

For the purposes of this royal decree, the following cases will be considered:

1. A severe natural disaster that has significantly affected exploitation.

2. The accidental destruction of the resources for the feeding of livestock or of the buildings of the farm destined for dairy cows.

3. The death or slaughter of a significant part of the herd of dairy cows as a result of an officially declared epizootic or which is the subject of national eradication programmes.

m) Exceptional cases.

For the purposes of this royal decree, the following cases will be considered:

1. The temporary incapacity or permanent invalidity of the holder of the quota, if he were responsible for the exploitation, in accordance with the provisions of the recast text of the General Law of Social Security, approved by Real Legislative Decree 1/1994 of 20 June.

2. No other duly substantiated and substantiated cause affecting the production capacity of the producers concerned and the competent authority so considers.

n) Professional farmer: the one defined in Article 2.5 of Law 19/1995, of 4 July, of Modernization of Agricultural Holdings.

n) Young farmer: the person who has been 18 years of age and has not served 40 years, and exercises or intends to pursue agricultural activity, in accordance with the definition laid down in Article 2.7 of Law 19/1995.

o) associative holdings: those which, as laid down in Article 6 of Law 19/1995, take one of the following legal forms:

1. Cooperative societies or agricultural processing societies.

2. º civil, labor or other commercial companies that, in case they are anonymous, their actions must be nominative, provided that more than 50 percent of the social capital, if it exists, belongs to partners that are professional farmers. These companies shall have the sole purpose of exercising agricultural activity on the holding of which they are holders.

Article 3. Allocation of milk quotas.

1. The milk quota for each holding shall be equal to the quantity allocated to 1 April 2003, updated, where appropriate, by the Directorate-General for Livestock of the Ministry of Agriculture, Fisheries and Food or the competent body of the Community autonomous in which the exploitation, for each of the periods, according to the established in this royal decree and so that the sum of the individual milk quotas of the same nature does not rebase, for each of the periods, the quantity Council Regulation (EEC) No 3950/92 of 28 December 1992 laying down detailed rules for the application of Council Regulation (EEC) No 3950/92 of 28 December 1992 an additional levy is established in the milk and milk products sector.

2. The General Directorate of Livestock will make allocations and updates of milk quotas due to:

(a) Variations of the overall guaranteed quantity for Spain as a Member State, in application of European Union legislation.

(b) Transfers of unlinked quotas from the holding between producers of different autonomous communities provided for in Article 38 of this royal decree.

(c) The allocation of quotas from the national reserve provided for in Section 1 of Chapter III.

3. The competent bodies of the autonomous communities shall communicate to the producer and the Directorate-General for Livestock, before 15 March each period, the quota updates not included in paragraph 2. carry out the communication to the buyers and the Spanish Agricultural Guarantee Fund (FEGA) for the purposes of the payment of the additional fee. Any modification communicated to the General Directorate of Livestock after that date shall not be taken into account for the purpose of the additional fee clearance of the period in question.

4. Producers shall notify the buyer or authorised buyers to whom they make their deliveries of any change in their quota.

Article 4. National database of milk quotas.

1. The Ministry of Agriculture, Fisheries and Food shall establish a database where all the individual milk quotas allocated individually are reflected, as well as the modifications and updates of the quotas of all producers.

2. The Autonomous Communities shall supply the General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food with the information necessary for the corresponding update of the database.

Section 2. Quota Withdrawal

Article 5. Withdrawal of the quota.

1. Where, for two consecutive periods, a producer does not use at least 70% of its quota in each of them, it shall definitively lose the percentage of unused quota in any of the two periods, which shall be added to the reserve with effect from 1 April of the period following those considered. However, it shall not lose that quota in the cases of force majeure and duly justified exceptional cases referred to in Article 2 (l) and (m) and which have been communicated to the competent body of the respective autonomous community in the producer is aware of them and, in any case, before the end of the second period.

2. By way of derogation from paragraph 1, where a producer does not use its quota for a period of 12 months, the quota shall be added provisionally to the national reserve from the beginning of the following period during which it may not be object of transfer, temporary assignment, transfer or abandonment. Such integration shall become final after the end of that second period without the producer having used its quota.

The producer will recover the quota in its entirety and with the same original rights and obligations in the event that it restarts production before the end of the second period and makes deliveries or direct sales of 70 percent. or more than the milk quota allocated to it at the beginning of the preceding period:

The producer will recover the share portion used with the same original rights and obligations in the event that it restarts production before the end of the second period and makes deliveries or direct sales below the 70 percent of the milk quota that was allocated to the beginning of the previous period.

3. The competent authority of the autonomous community where the holding of the producer shall dictate, before 30 September of the period in which the withdrawal has full effect, the decisions relating to:

(a) Those producers whose quota is to be definitively added to the national reserve for not having used their quota for two consecutive periods.

(b) Those producers who, pursuant to paragraph 1, have to lose part of their quota.

(c) Those producers whose share of the quota is to be added to the national reserve pursuant to the third subparagraph of paragraph 2.

4. The accounting for withdrawals shall be made independently between the two possible components of the milk quota, i.e. direct sales to the consumer and delivery to buyers.

5. The Ministry of Agriculture, Fisheries and Food shall communicate to the Autonomous Communities, for the purposes of the application of the withdrawal of quotas, the total deliveries of each of the producers whose holding is based in their respective fields. territorial.

CHAPTER II

Compensated abandonment

Section 1. National Abandonment Programs

Article 6. Object.

1. The Ministry of Agriculture, Fisheries and Food may implement national programmes for the abandonment of milk production by granting an economic allowance in order to serve as a reordering element for the purpose of to stimulate the modernisation of the sector and its suitability for competitiveness requirements.

2. The abandonment shall affect the whole milk production and the producer must make a commitment in the application to make it effective before the end of the period in which it is granted. The compensation to each producer shall be granted for the individual milk quota, both for deliveries to buyers and for direct sales, excluding that received free of charge from the national reserve, which is allocated on 1 April of the concession period, weighted, in the case of delivery to buyers, at 3.64 per cent of fat.

3. Of the total amount of compensation paid in each period for national abandonment programmes, 80% will be allocated for allocation, in the following period, to other producers through the coordinated national milk quota fund. set out in Section 2. of Chapter III.

Article 7. Call for programmes.

1. The Minister for Agriculture, Fisheries and Food shall convene by ministerial order the national abandonment programmes, determining the time limit for the application, the maximum overall amount to be compensated, the amounts of the compensation per kilogram of abandoned quota and the maximum individual quota provided for in Article 8.1.a).

2. The distribution of the resources financed by the Ministry of Agriculture, Fisheries and Food among the Autonomous Communities shall be carried out in accordance with the provisions of Article 153 of the recast text of the General Budget Law, adopted by Royal Decree No 1091/1988 of 23 September 1988.

Article 8. Beneficiaries.

1. Producers who meet the following requirements may apply for compensation:

a) Have quota allocated at the beginning of the period that does not exceed the individual maximum amount set on each call.

b) Not having requested temporary transfers, transfers, or transfers during the period.

c) to be free from commitments arising from any aid which it receives or has received, intended for its milk holding, from those referred to in Royal Decree 204/1996 of 9 February on structural improvements and modernisation of agricultural holdings, or in Royal Decree 613/2001 of 8 June, for the improvement and modernisation of the production structures of agricultural holdings.

2. Producers who have received quotas from the national reserve, by direct allocations or as supplementary allocations through the coordinated national milk quota fund, may request the abandonment of their production, although the quotas referred to above shall not be compensated and shall be reinstated to the national reserve, unless the said quotas have been applied to them as provided for in Article 22 (5).

3. The producers who hold the quota for which the compensation for abandonment covered by this royal decree is granted and meet the necessary conditions may be eligible for the aid referred to in Chapter IV of Title II. Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and amending certain provisions of the European Agricultural Guidance and Guarantee Fund (EAGGF) regulations.

Article 9. Requests.

The applications for compensation for abandonment shall be addressed to the competent authority of the autonomous community where the applicant's holding is based and must contain at least the data contained in the model provided for in the Annex I.

Article 10. Processing and resolution.

1. The processing and settlement of applications and the payment of compensation, where appropriate, shall be the responsibility of the competent bodies of the autonomous community on whose territory the applicant's holding is situated.

2. The autonomous communities shall communicate to the Directorate-General for Livestock, within a maximum of two months from the day following the end of the application period, the number of those meeting the requirements laid down in the Article 8 and the total amount to be compensated for the distribution of financial resources provided for in Article 7 (2).

3. Where the financial resources allocated to an autonomous community in accordance with Article 7 are less than the sum of the allowances corresponding to the applications validly submitted in that Community, the following shall be followed: order of priority, after ordering them from less than the largest allocated quota, or based on the criteria that each Autonomous Community establishes:

(a) Environmental reasons that require the closure of the holding.

b) Difficulties in adapting to the requirements of Royal Decree 1679/1994 of 22 July 1994 laying down the health conditions for the production and placing on the market of raw milk, treated milk Heat and dairy products.

c) The oldest producer.

4. The producer will not be able to recover the abandoned quota after his request for definitive production abandonment has been favourably resolved.

5. For the purpose of the General Administration of the State to have sufficient time to provide the information necessary for the proper fulfilment of the obligations arising from the additional levy scheme in the milk and milk products sector, reasons for coordination, the Autonomous Communities shall resolve and notify requests for abandonment by 1 March of the application period.

Article 11. Controls.

1. In the event that the abandonment is not effective within the prescribed period, the competent authority of the autonomous community, without prejudice to Article 50, shall not pay the compensation to the producer, the quota being integrated into the reserve national.

2. A national control plan for each period will be approved within the milk quota coordination table in order to verify that all the beneficiaries of the abandonment programmes in the respective geographical areas have actually abandoned the plan. the production of milk, once the corresponding compensation has been paid.

3. The national control plan shall include any aspect deemed necessary for the coordinated implementation of the controls, both administrative and on the ground.

4. It is up to the competent bodies of the autonomous communities to carry out the monitoring activities of the national milk production abandonment programmes regulated by this royal decree.

5. Failure to comply with the abandonment commitments will result in the recovery of the amounts received, with the requirement of interest for late payment from the time of payment of the compensation, remaining in the national reserve of the abandoned quota.

Section 2. Autonomic Abandonment Programs

Article 12. Abandonment programs funded by the Autonomous Communities.

1. The autonomous communities may establish compensation programs for the production of dairy products, carried out within their respective territories and compensated by their own financial resources.

The quotas thus compensated will go to the national reserve and will be assigned individually by the respective autonomous communities among the producers of their geographical scope.

2. The quantities thus allocated shall have the inherent nature of their consideration of quantities from the national reserve, and may not be transferred or transferred for abandonment and shall be reintegrated into the reserve. national in the event that the producer transfers its quota in whole or in part.

However, in the event that the autonomous community decides to make a non-direct allocation, if not equivalent to the collection in Section 2. of Chapter III, the quantities of quota allocated to producers after payment of the the amount fixed shall be lost at the time of payment, the condition of quantities from the national reserve.

3. The respective autonomous communities shall allocate among the producers of their geographical scope and in conjunction with the quantities referred to in paragraph 1 the following quantities:

(a) The amounts reintegrated into the national reserve pursuant to paragraph 2.

The cases of transfers of quotas linked to holdings are exempted from the provisions of the preceding paragraph, provided that the same holding was the same holding as the previous producer, with the quota being of the national reserve subject to the requirements of origin.

(b) The quantities allocated individually by means of this Article which, because they have not been used for two consecutive periods or pursuant to the third paragraph of Article 5.2, must be added to the national reserve, provided that it has not been applicable to them as set out in Article 22 (5

.

4. Without prejudice to the above paragraphs, the quotas allocated from the national reserve shall be such that they shall lose such a nature and shall be released from the limitations laid down in paragraph 2 of this Article where the the conditions laid down in Article 22 (5

.

CHAPTER III

National Reserve

Article 13. Amounts constituting the national reserve.

In the national reserve and as part of the overall guaranteed quantity for Spain, quotas which are not subject to or no longer subject to an individual allocation are integrated, in general, and in particular:

(a) Those from the withdrawal of quotas to producers.

(b) The quotas from the abandonment programmes of dairy production.

c) Those from resignations.

d) Recovered in quota transfers between producers in application of this royal decree.

e) Those arising from possible increases granted to Spain by the European Union.

Article 14. Assignment.

Quotas integrated into the national reserve may be allocated in the following ways:

(a) By means of the corresponding calls for direct allocation, to those producers who so request, the quotas referred to in Article 13 (a), (c), (d) and (e) shall be allocated as laid down in the Section 1 of this chapter.

In addition, 20% of the compensation payments from the national abandonment programmes, the non-indemnified quotas from these, as well as the surplus quotas, will also be allocated by the said procedure. after the completion of the allocation process through the coordinated national milk quota fund, as set out in Article 30.5.

(b) 80% of the quotas from national abandonment programmes shall be allocated by the coordinated national milk quota fund.

(c) By means of the allocation procedure which each autonomous community establishes shall be allocated the quotas from the autonomous programmes of abandonment referred to in Article 12.

d) In compliance with court rulings or administrative resolutions.

Section 1-Direct allocation of quotas from the national reserve

Article 15. Calls for distribution.

For the purposes of paragraph 1 of the previous Article, the Minister for Agriculture, Fisheries and Food may establish the corresponding calls by ministerial order setting out the quantities to be distributed, the amounts to be retained to address potential claims and the time limit for the submission of applications.

Article 16. Requirements.

Only applicants who meet the following requirements may receive quota allocations from the national reserve:

(a) Not having received the final abandonment programmes for milk production, financed from European Union, national or regional funds.

b) Not transferring quota for the last three periods.

(c) That direct deliveries and sales of milk and milk products (including temporary disposals) of the last period shall be at least 90% of the quota allocated therein. For the assessment of compliance with this requirement, the cases of force majeure and exceptional cases, as referred to in paragraphs (l) and (m) of Article 2, shall not be considered.

(d) complying with the quality requirements of milk, in accordance with Royal Decree 1679/1994, in at least one of the three months preceding the date of the start of the application period, in respect of germ content, somatic cells and the presence of added water, and during the six months prior to that date as regards the presence of residues of pharmacologically active substances.

e) Not to have waived the allocation of quota from the last national reserve call.

(f) In the event of a request for a quota for the coordinated national milk quota fund in the same period or in the previous period, not to have failed to comply with the obligation to deposit the corresponding amount within the time limit set in this royal decree.

g) Not having been excluded from the allocation of quotas from the national reserve for a false or incorrect statement of gross negligence in any of the last three calls.

h) Not having been excluded from the official livestock sanitation programmes for reasons attributable to the person concerned.

i) That, in none of the three years preceding that for which the allocation of the national reserve quota is requested, the person concerned has been punished for the presence in his livestock or the exploitation of residues of substances prohibited under Royal Decree 1373/1997 of 29 August 1997 prohibiting the use of certain substances having a hormonal or thyrostatic action and beta-agonists of use in the rearing of livestock, or of substances or products not authorised or authorised substances or products, but in illegal possession on their holding.

(j) Not having been punished for a very serious failure in any of the three years preceding that for which the reserve allocation is requested, for non-compliance with the basic rules laid down for food and animal welfare and in particular Royal Decree 3454/2000 of 22 December 2000 establishing and regulating the coordinated comprehensive programme for the surveillance and control of transmissible spongiform encephalopathies of animals and the Royal Decree Directive 98 /58/EC of 10 March 2000 on the approximation of the laws of the Member States relating to the protection of animals on livestock holdings.

k) Not having been sanctioned for a very serious lack in any of the three periods prior to the application for the quota of the national reserve, in matters of animal identification.

l) Not to be the holder of the holding in retirement.

Article 17. Submission of requests and documentation.

1. Applications for quota allocation from the national reserve, addressed to the Director-General of Livestock, shall be submitted to the competent authority of the autonomous community in which the holding of the applicant or any of the applicant's the places laid down in Article 38.4 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. The formalisation of the application shall be made on the models containing at least the data set out in Annex II and within the time limits set for that purpose.

Article 18. The scoring scale of the requests.

The submitted applications will be valued according to the following score scale:

(a) Three points for being the holder of a family or associative agricultural holding which, on the date of the start of the period of submission of the application for a quota from the national reserve, has the consideration of priority in accordance with the requirements laid down in Articles 4 to 6 of Law 19/1995.

The accreditation of the condition of priority exploitation for these purposes shall be carried out in the manner provided for in Article 16 (3) of that law.

(b) Two points for holding the status of a professional farmer as defined in Article 2.n.

This score will be incompatible with obtaining the three points provided for in paragraph (a).

(c) Three points for having obtained, in one of the five years immediately preceding the date of the application for quota allocation, any official assistance provided for in the following numbers 1, 3, 3 or 4. if they relate to the

2.

1. The one provided for in Article 3 (1) (a) of Royal Decree 613/2001.

2. º. Those in this same line can be obtained in accordance with the provisions of Chapter II of Title II, "Installation of Young Farmers", of Regulation (EC) No 1257/1999.

3. The ones provided for in paragraphs (d), (g) and (h) of Article 3.2 of Royal Decree 117/2001 of 9 February laying down the basic rules for the promotion of investments for the improvement of the conditions of processing and placing on the market of agricultural, forestry and food products.

4. º Any other aid of the same nature granted under the legislation repealed by the provisions mentioned above.

(d) Three points for the status of a young farmer as defined in Article 2.n.

e) Two points for not receiving assignment in the immediately preceding call, having requested it and meeting the requirements.

(f) Two points for the holding in a disadvantaged area or for specific environmental limitation, as referred to in Chapter V of Title II of Regulation (EC) No 1257/1999.

Associative holdings may obtain the score of paragraphs (b) and (d) when at least 50 percent of the members that integrate them comply with the condition established in each of them.

g) A point for having bought quota via transfer over the last two periods.

h) A point to be integrated into a dairy control core

i) A point of being the holder of a livestock holding qualified as B3 or free of brucellosis, B4 or officially free of brucellosis, T3 or officially tuberculosis-free, as intended Royal Decree 2611/1996 of 20 December 1996 on the regulation of national programmes for the eradication of animal diseases.

j) A point of being a member of a cooperative for the marketing of milk which is authorised as a purchaser of milk in the system of the supplementary levy or economic management groupings.

k) A point if the applicant's holding belongs to a health care pool of milk cattle.

l) A point for being registered in a protected designation of quality or geographical indication or similar relative to milk or milk products.

(m) A point of belonging to an associative exploitation of those referred to in Article 2 (o) that is dedicated to the marketing of milk or milk products and that this objective is expressly stated in its statutes.

n) A point in the case that the producer is a woman. If this is an associative exploitation, at least 50 per cent of the members of the association are women (female farmers).

Article 19. Processing.

1. The competent authority of the autonomous community where the applicant's holding shall assess and classify applications in accordance with the criteria laid down in Articles 17 and 18.

2. The autonomous communities shall forward to the Ministry of Agriculture, Fisheries and Food within a maximum of three months, after the end of the period for the submission of applications, the data relating to all applications submitted, including those which do not comply with the requirements laid down in Article 16, with succinct indication of the reason for the proposal for refusal and the grounds for filing them pursuant to Article 71 of Law No 30/1992.

Article 20. Allocation procedure.

1. The General Directorate of Livestock of the Ministry of Agriculture, Fisheries and Food will make the allocation of the quota of the national reserve, ordering for this the requests from the highest to the lowest score.

2. Where the quantity of quota requested exceeds the availability of the national reserve, the quantities to be allocated to each holding shall be limited as follows:

(a) All applications shall be scored in accordance with the scale set out in Article 18 and shall be ordered according to the score reached.

b) Depending on the availability of the quota to be distributed, the Ministry of Agriculture, Fisheries and Food shall establish the minimum score for the allocation of the national reserve, as well as the quantity in kilograms of quota assignable for each point obtained.

c) Accepted applications will receive the allocation of quota from the national reserve corresponding to them according to their total score, with the following limitations:

1. No higher than requested amounts will be allocated.

2. No more than 200 per cent of the starting quota of the holding concerned shall be allocated.

3. No more than 120 thousand kilograms of quota per holding shall be allocated.

4. No less than five thousand kilograms of quota will be allocated.

3. In the case of two or more applicants having the same score, preference shall be given to producers who are in the following circumstances, in the order cited:

a) Be a priority exploitation holder.

b) To have requested amounts from the national reserve in the previous call and not to receive them for lack of availability.

(c) Ostend the status of a professional farmer as defined in Article 2 (n).

(d) Having obtained, in one of the two years immediately prior to the date of the application for quota allocation, any official assistance provided for in Article 18.3.

e) For their age, giving priority to the associative holdings of the oldest and the oldest, and then to the physical persons of the youngest age.

Article 21. Resolution.

1. The Director General of Livestock shall dictate the decisions corresponding to the requests for the allocation of the national reserve. After 12 months from the end of the time limit for the submission of applications without the express decision being given and notified, they may be deemed to be estimated.

2. The General Directorate of Livestock shall forward to each Autonomous Community a list of the quotas allocated to producers whose holding is located in their territory.

Article 22. Limitations applicable to allocated quotas.

1. The quotas allocated to producers from the national reserve may not be the subject of transfer or transfer or compensation for abandonment, and shall be reintegrated into the national reserve in the case of a total or partial transfer of their quota.

2. The beneficiaries of the national reserve's quota allocation undertake not to transfer or temporarily cede quota for three periods from the period in which the allocation was received.

3. Except as provided for in the preceding paragraphs, the cases of transfers of quotas linked to holdings, provided that they are the same holding held by the previous producer, the quotas coming from the reserve national subject to the requirements of origin.

4. By way of derogation from paragraph 2, temporary transfers may be authorised for the part of the quota which at that time is not allocated as a national reserve, in exceptional cases as defined in paragraphs (l) and (m) of Article 2.

5. The quotas allocated from the national reserve shall be such as to be such as to be free from the limitations laid down in paragraph 1, after four periods have elapsed since their allocation, counting as the first period in which the the producer received the assignment.

Article 23. Waiver of milk quotas received from the national reserve.

1. The producers of milk quotas in the reserve may waive all the amounts received, by writing to the Director General of Livestock, without any avoidance of the commitments inherent in the resolution. favourable to the request for a milk quota from the national reserve referred to in Article 22 (2

.

2. The waiver shall affect the entire period and shall have effect from the beginning of the reporting period.

Section 2. Coordinated National Milk Quota Fund

Article 24. Coordinated national milk quota fund.

1. Within the national reserve, the so-called coordinated national milk quota fund, hereinafter referred to as the 'Fund', is provided with 80% of the compensation quota, from the national abandonment programmes which had been carried out during the period prior to, as provided for in Article 6.2.

2. 50% of the quota referred to in the preceding paragraph shall be allocated to producers who so request, after payment of an amount equal to the average amount of the compensation paid for each kilogram of the quota abandoned in the programme national abandonment of the previous period. The remaining 50% shall be allocated to producers who have acquired the Fund's shares, as an additional allocation, as set out in Article 31.

3. The total amount of quota that will be allocated to the Fund in each period will be distributed among the different Autonomous Communities, to the sole effects of individual allocation to producers according to the basic criteria established in this royal decree, by the agreement adopted at the relevant sectoral conference.

4. The fat content allocated to the Fund, or representative fat of the Fund, shall be the weighted average of the fat content of the quotas abandoned in the national abandonment programme of the previous period.

Article 25. General criteria for the convening of the Fund.

The Minister of Agriculture, Fisheries and Food shall establish for each period in which it is determined and by ministerial order:

a) The deadline for submitting applications.

b) The amount of milk quota allocated to the Fund.

c) The maximum individual dairy quota from which the Fund cannot be accessed.

(d) The modification, if any, of the strata and percentages of allocation for each of the strata set out in Article 29 (1).

e) Those other aspects that are considered necessary for allocation process sorting.

Article 26. Requirements.

Applicants wishing to obtain, by payment of the corresponding amount, the allocation of the Fund's shares shall meet the requirements set out in Article 16. In addition, for those who are assigned a quota to 1 April of each period, the quota may not exceed the maximum for each call to be drawn up in accordance with the provisions of Article 25 (c).

In cases of associative holdings as defined in Article 2 (o), this limit for access to the Fund shall be applied after the quota allocated to the institution is divided by the number of farmers. main ones that integrate them.

Article 27. Submission of requests and documentation.

1. Producers interested in obtaining quotas from the Fund shall submit an application, addressed to the competent authority of the autonomous community in which the applicant's holding is located, to that body or to any of the places established in the Article 38.4 of Law 30/1992.

2. The formalisation of the application shall be made within the time limits set for this purpose and shall contain at least the data set out in the model set out in Annex III.

3. Applications shall be accompanied by the relevant documentation.

Article 28. Allocation criteria.

1. The competent authority of the autonomous community in which the applicant's holding shall assess and classify the applications and shall, in the manner in which it is determined, specify the criteria which it considers necessary from among those referred to in Article 1 (1). continuation:

(a) Those laid down in Article 18, with the exception of that referred to in paragraph 5.

b) You have requested amounts from the Fund in previous periods and, despite meeting all the requirements, have not received allocation.

2. In the case of two or more applicants having the same score, preference shall be given to producers who are in the following circumstances, in the order cited:

a) Be a priority exploitation holder.

b) To have requested amounts from the national reserve in the previous call and not received for lack of availability of that.

(c) Ostend the status of a professional farmer as defined in Article 2 (n).

(d) Having obtained, in one of the two years immediately prior to the date of the application, any official assistance provided for in Article 18.3.

e) For their age, giving priority to the older associative farms, and then to the physical persons of the youngest age.

Article 29. Limitations for the assignment.

1. The maximum amount that a producer can acquire will depend on the quota allocated to 1 April of each period, so that:

a) If you have no allocated quota, up to a maximum of 75 thousand kilograms.

b) If your allocated quota is less than 150 thousand kilograms, up to a maximum of 50 percent of that.

c) If your allocated quota is between 150 thousand and 250 thousand kilograms, up to a maximum of 50 percent of the difference between your quota and 350 thousand kilograms.

d) If your allocated quota is between 250 thousand and 400 thousand kilograms, up to a maximum of 25 percent of the difference between your quota and 500 thousand kilograms.

In cases of associative holdings as defined in Article 2 (o), the limits indicated for access to the Fund shall be calculated by dividing the quota allocated by the number of farmers to the main integrate, and the maximum amount they can request will be the result of multiplying by that number the amount that would correspond to each, according to the previous scales.

2. Applications from producers who have been allocated quantities from the Fund in the period immediately preceding that of the application shall be excluded, except where the total of the quantities available for allocation is greater than those requested by all producers who meet the requirements laid down.

3. No higher than requested quantities will be allocated.

4. Quantities of less than five thousand kilograms of quota shall not be allocated.

Article 30. Processing and resolution.

1. The convening, processing and resolution of the procedure shall be the responsibility of the competent bodies of the autonomous community on whose territory the applicant's holding is situated.

2. The competent authority of the autonomous community shall give the relevant decision, which shall notify the persons concerned with an indication of the date from which, within one month, the parties must deposit the corresponding amount in the form of to determine the Ministry of Agriculture, Fisheries and Food. The resolution will condition its effectiveness to the cash income of the corresponding amount.

3. For the purpose of the General Administration of the State to have sufficient time to provide the information necessary for the proper fulfilment of the obligations arising from the additional levy scheme in the milk and milk products sector, reasons for coordination, the Autonomous Communities shall resolve and notify the Fund's requests within the maximum period of two months from the end of the deadline for the submission of applications.

4. The Autonomous Communities shall communicate to the Directorate-General of Livestock of the Ministry of Agriculture, Fisheries and Food any changes in their quota, for the purposes of updating the Article 4 database.

5. After the allocation procedure has been completed in each autonomous community, in the event that quotas are over, they will be reintegrated into the national reserve for direct allocation under Section 1 of this chapter.

Article 31. Supplemental allocation.

1. The competent authority of the autonomous community shall assign to producers who have obtained the Fund's quota the additional quota provided for in Article 24 (2) and the amount of the quota allocated to the Fund referred to above. in Article 25.b).

2. The amount of additional quota to be allocated shall be identical to the amount of quota acquired from the Fund.

3. The supplementary quota allocation resolution shall be made in conjunction with that of the allocation of the quota acquired to the Fund.

4. The additional allocations shall not change the representative fat content of the beneficiary producer.

Article 32. Limitations applicable to allocated quotas.

1. The additional fee received by virtue of the acquisition of the Fund shall be taken into account by the national reserve and shall be subject to the same limitations as for the national reserve referred to in Article 22 (1), as well as to the application of the provisions of paragraph 5 of that Article.

2. The beneficiaries of the Fund are subject to the same limitations as the beneficiaries of the national reserve and are those set out in Article 22 (2) to (4

.

Article 33. Resignations.

1. In the event that the producer does not make the income within the prescribed period, it shall be understood that he shall waive the allocation, which shall be notified to him by means of the appropriate resolution, excluding any allocations from the national reserve, as well as amounts from the Fund, during the period in which this circumstance occurred and the following.

2. The allocation of quotas requested from the Fund may not be waived after the entry of the amounts corresponding to the acquisition of quotas.

CHAPTER IV

Quota Movements

Article 34. Modifications of the fat content.

The fat content corresponding to the quota which is temporarily transferred or transferred shall be linked to it and shall be integrated in a weighted manner with the fat content corresponding to the quota of the acquirer or transferee, respectively.

The fat content of the quotas for the direct sales case will be 3.80 percent.

Section 1. Quota Transfers

Article 35. Transfers of quotas linked to holdings.

1. Transfers of shares linked to the holding shall be deemed to be the sale, lease and change of ownership of a holding by inheritance or those produced between rightholders or co-owners, in the cases where the available quota is transfer to the producer who takes over the holding.

2. The provisions of the preceding paragraph shall apply in the case of mergers of two or more existing holdings with the aim of creating a single holding, as well as in the cases of early cessation of agricultural activity, carried out in the protection of the provisions of Chapter IV of Title II of Regulation (EC) No 1257/1999.

3. In the case of the sale of the holding, the transmission shall comprise all the elements that integrate it, with particular reference to surfaces, buildings, animals, installations and all equipment.

4. In the case of leasing, for the purposes of this Article, the existence of a contract formalised in public deed shall be required in which the reasons for its termination, as well as the conditions of the contract, are expressly specified. termination, with particular reference to the destination of the quota in these cases. The lease shall also affect the whole of the components of the holding and shall have a minimum duration of five years.

5. In all cases, the share of the quota that is not transferred with the holding shall be incorporated into the national reserve.

Article 36. Transfers of unlinked quotas from the holding within each autonomous community.

1. Transfers of quotas without the corresponding transmission of the holding referred to in Article 8 (d) of Regulation (EEC) No 3950/92 shall be designed to improve the structure of milk production within the territory of each of the Member States. the Autonomous Communities.

2. Transfers of unlinked quotas from the holding shall be subject to the following conditions:

(a) The transfer producer of quotas must be free of commitments arising from any aid which it receives or has received, for the purposes of its milk holding, from those referred to in Royal Decree 204/1996, or in the Royal Decree 613/2001, except in exceptional cases as defined in paragraphs (l) and (m) of Article 2 of this royal decree.

(b) The transfer of quota of deliveries to buyers shall be made for the whole of the individual quota allocated by the producer who transfers in this concept if it is equal to or less than 50 thousand kilograms.

In the event that the quota for delivery to buyers assigned to the producer was higher than the one indicated and decided not to transfer the whole of that to continue with the production of milk, at least it will have to retain a quota in that concept of 50 thousand kilograms or 50 per cent of the quota allocated for delivery to buyers where it is greater than 100 thousand kilograms.

The above mentioned quotas for delivery to buyers will apply to the quotas allocated for direct sales.

(c) The producer who has acquired unconnected shares of the holding may not transfer or temporarily cede both his or her previous share of the transfer, until three periods have elapsed. from its acquisition, counting as the first period the one in which it acquired. However, it may be temporarily ceded in exceptional cases as defined in paragraphs (l) and (m) of Article 2.

(d) In the case of company dissolutions, the target of the quota shall be that agreed by the interested parties. Where the consignee is a producer other than the original holding, he shall in no case receive any quota of that allocated to the company from the national reserve. Producers who, as a result of the dissolution, receive a quota, may not transfer or temporarily cede their pre-dissolution quota as well as that acquired by the latter, until two periods have elapsed since their acquisition, counting as the first period that in which you acquired.

The case of segregation of one or more members of an associative holding, with the added requirement of compliance with the provisions of paragraph (a) of this paragraph, shall be subject to the same criterion and conditions as the quantities of quota to be retained by the original company.

e) The transfer of unlinked quotas from the holding may not be effected by leasing or other related legal figures.

(f) For each additional fee period only one transfer may be carried out for each transferor, although this may be done in favour of one or more acquirers.

Article 37. Regional considerations for transfers of unlinked quotas from the holding within each Autonomous Community.

1. Without prejudice to the foregoing Article, each autonomous community may, in the exercise of its powers, extend the conditions to which transfers of unconnected shares of the holding shall be subject, in respect of requirements to be met by the transferor, acquirer or amounts transferred.

2. Furthermore, each autonomous community, within the scope of its powers, may deduct a maximum of 20% in favour of the national reserve from the amount to be transferred in such a way that the amount actually allocated to the acquirer in question transfer is the percentage remaining.

Article 38. Transfers of the unlinked quotas from the holding between producers of different autonomous communities.

In the case of transfers of quotas without the corresponding transfer of the holding provided for in Article 8.e of Regulation (EEC) No 3950/92, in order to improve the structure of milk production on the holding or to contribute to the extension of production, in addition to the requirements set out in Article 36, the following conditions shall be met:

(a) The transfer producer of quotas must be free of commitments arising from any aid which it receives or has received, for the purposes of its milk holding, from those referred to in Royal Decree 204/1996 or in the Royal Decree 613/2001.

(b) The amount to be transferred shall be deducted 20% in favour of the national reserve, whereby the amount actually allocated to the acquirer under the transfer shall be 80 per cent remaining. This deduction shall apply to such transfers which are recorded in the period 2003/2004. In the 2004/2005 and successive period, the percentage to be applied will be 15%.

Article 39. Time limit for making the quota transfers.

1. For the purposes of the payment of the additional fee for each period, only the quotas of producers who have submitted, in the form provided for and between 1 April and 30 November of that quota period, shall be updated. communications or quota transfer authorization requests.

2. By way of derogation from the preceding paragraph, in the case of death, retirement or early termination of the former holder produced between 1 December and 31 March of each current period, and provided that both the former and the A transfer declaration containing at least the data set out in Annex IVa shall be submitted to the same buyer or buyers, but the quotas for the purposes of the additional fee shall not be reported. update until the beginning of the following period.

Article 40. Procedure for processing transfers linked to the holding.

1. A transfer declaration signed by the acquirer and the transferor, or by the heirs, where appropriate, containing at least the data contained in the document shall be submitted to the competent authority of the autonomous community for processing. Annex IV accompanied by the following documents:

(a) Photocopy of the national identity document or the tax identification number of the producer transferring or the heirs, if any, and of the acquirer.

(b) Certificate of the purchaser or purchasers with the quantities of milk and milk products delivered by the producer transferring from 1 April of the period for which the entry into force of the transfer is requested until the date of their registration, containing at least the data set out in Annex V.

(c) Statement of the producer who transfers, in the case of direct sales, indicating the quantities of milk and milk products sold by him since 1 April of the period for which the entry into force is requested; effect of the transfer until the date of its registration, containing at least the data set out in Annex VI.

d) Documentary justification for the cause of the transfer.

(e) Supporting documentation for the consideration, where appropriate, of the exceptional causes provided for in paragraphs (l) and (m) of Article 2.

(f) The competent authority of the autonomous community where the transfer of the transfer shall be notified to the persons concerned by the holding of the transferor, by communicating to the General Directorate of Livestock (a) to the effect of the updating of the database referred to in Article 4.

g) The General Directorate of Livestock shall carry out the relevant communications to the FEGA and to the buyers for the purposes of Article 3.4.

Article 41. Requests for authorization of transfers disconnected from the holding.

1. Transfers between cattlemen from the same autonomous community.

For the purposes of updating the quotas in the case of transfers of quota referred to in Article 36, the transferor or heirs shall, where appropriate, direct the competent body of the autonomous community where the a request for a transfer, signed by the producer and the producer, which contains at least the data set out in Annex VII, together with the following documents:

(a) Photocopy of the national identity document or the tax identification number of the producer transferring or the heirs, if any, and of the acquirer.

(b) Certificate of the purchaser or purchasers with the quantities of milk and milk products delivered by the producer transferring from 1 April of the period for which the entry into force of the transfer is requested until the date of their registration, containing at least the data set out in Annex V.

(c) Statement of the producer who transfers, in the case of direct sales, indicating the quantities of milk and milk products sold by him since 1 April of the period for which the entry into force is requested; effect of the transfer until the date of its registration, containing at least the data set out in Annex VI.

(d) Supporting documentation for the consideration, where appropriate, of the exceptional causes provided for in paragraphs (l) and (m) of Article 2.

e) Any other document that the stand-alone community deems necessary.

2. Transfers between farmers in different autonomous communities.

(a) Applications for transfers of quotas provided for in Article 38 addressed to the Directorate-General for Livestock shall be submitted to the competent authority of the autonomous community where the holding of the transferor, or in the other places provided for in Article 38.4 of Law No 30/1992, in accordance with the model which is established and which contains at least the data set out in Annex VIII, accompanied, in addition to the documentation provided for in the paragraphs (a), (b), (c) and (d) of the preceding paragraph, by a report of the autonomous community of the transferor compliance with the requirement laid down in paragraph (a) of Article 38.

(b) The competent body of the transferor's autonomous community shall send the original of the application files, as well as computer support, to the Directorate-General of Livestock, before 15 January of each period. containing the records of those, according to format and modality to be established within the table for the coordination of milk quotas.

Article 42. Resolution and notification of the authorisations of transfers disconnected from the holding.

1. In the case of transfers between farmers in the same autonomous community, the competent authority shall give the appropriate decision, authorising or giving reasons for the transfer requested, and shall notify the producers concerned thereof, communicating to the General Directorate of Livestock the modifications of quotas which they have made, for the purposes of updating the database referred to in Article 4. The General Directorate of Livestock shall carry out the relevant communications to the FEGA and to the buyers for the purposes of Article 3.4.

2. In the case of transfers between farmers from different Autonomous Communities, the General Directorate of Livestock will dictate the corresponding resolution, authorizing or rejecting the requested transfer, and will notify those affected. In case the resolution is estimated, the General Directorate of Livestock will update the reference quantities, communicating it to the Spanish Agricultural Guarantee Fund, to the autonomous communities and to the buyers. corresponding.

Article 43. Rate settlement in certain transfer cases.

1. As a general rule, certified deliveries and, where appropriate, direct sales declared by a transfer producer at the time of a transfer, provided that they do not exceed their quota, excluding that from the national reserve, shall be deemed to be available for the purpose of the settlement of the additional fee for the period.

2. In the case of transfers governed by Article 35, carried out as a result of inheritance, or change of ownership of the total of the quota to a single acquirer, the deliveries made by the transferor within a period shall be counted against the acquirer as long as they both make such deliveries to the same buyer, throughout the period.

3. In the case of transfers of quota linked to the holding, communicated by the presentation of Annex IVa to the autonomous community between 1 December and 31 March of each period, as a result of retirement, death or (a) the former holder of such dates, and provided that the transferor and the acquirer carry out their deliveries of milk and milk products to the same buyer or buyers, shall refer the supplies of the acquirer or acquirer of the exploitation of the transferor's or transferors ' quota, once it has been established through the documentation provided by the interested parties that the communication of the aforementioned transfer has occurred.

Article 44. Limitations.

The producer who has transferred all or part of his/her individual quota will not be able to obtain shares during the same period by means of transfer or temporary transfer. In addition, the producer who has acquired quotas may not, in the same period, make transfers, except in exceptional cases provided for in paragraphs (l) and (m) of Article 2, duly justified and documented.

Section 2. Quota Temporary Sessions

Article 45. Object of the temporary disposals.

Milk producers, with individual quota available for deliveries to buyers or for direct sales, may temporarily cede to other producers the share of those which they are not to use in the period in question. Such transfer shall only be valid for the said period.

Article 46. Processing of temporary disposals.

1. Applications for the authorisation of temporary transfers agreed between donor producers and acquiring or transferee producers shall be sent to the competent authority of the autonomous community where the holding of the transferor is located before 1 January. February of each year, and shall contain at least the data set out in Annex IX.

2. The competent authority of the autonomous community where the transferor's exploitation will dictate the corresponding resolution, communicating to the General Directorate of Livestock the modifications of quotas that come, for the purposes of updating the base of data collected in Article 4.

3. The General Directorate of Livestock shall carry out the relevant communications to the FEGA and to the buyers for the purposes of Article 3.4.

Article 47. Limitations.

1. Milk producers who make temporary transfers of their quota for two consecutive periods shall not be allowed to carry out transfers for the following period, except for duly justified exceptional reasons provided for in the paragraphs (l) and (m) of Article 2.

2. Applications for temporary disposal shall not be processed in which the total of the quantity to be transferred, together with the quantities allocated for sale to buyers and for direct sales, is less than five thousand kilograms.

3. The transferor producer shall undertake during that period not to carry out:

a) Transfers to a third party of the given quotas.

b) Compensation requests for compensation.

(c) Acquisition of quotas for unlinked transfers from the holding after the submission of the transfer request.

d) Acquisition, by temporary assignment, of quotas.

4. The transferee producer must commit during that period not to:

a) Share transfers, except for transfers made by inheritance within the same holding.

b) Compensation requests for compensation.

c) Temporary sessions of your quota.

5. Quantities from the national reserve may not be subject to temporary disposal.

Section 3. Quota Transfers

Article 48. Object and limitations of quota transfers.

1. Where a producer intends to adjust the quota allocated to temporary or final changes affecting the marketing of milk production on his holding, he may carry out transfers between the part of his quota which corresponds to him. for delivery and the share of the quota for direct sale, or vice versa.

2. A producer's quota transfers can be:

a) Temporary: those that are effective during the period for which they are requested.

(b) Definitive: those that imply the definitive modification of the applicant's quota and consequently of the overall guaranteed quantity allocated to Spain in Article 3 of Regulation (EEC) No 3950/92.

3. In the same period, the quantities transferred shall not be subject to temporary transfer or transfer.

Article 49. Processing of quota transfers.

1. Requests for transfers of individual quotas of direct sales to deliveries to buyers, or vice versa, shall be directed, duly justified and documented, to the competent body of the autonomous community where the holding of the producer is based, before 31 December of each period in the case of the definitive transfers, and 1 March of each period in the case of temporary transfers and in the model containing at least the data set out in Annex X.

2. The competent authority of the autonomous community where the exploitation of the applicant shall dictate a decision authorising or refusing the transfer, notifying the parties concerned, and shall inform the Directorate-General of Livestock of any changes to the quotas to be carried out for the purposes of updating the database referred to in Article 4.

3. The General Directorate of Livestock shall carry out the relevant communications to the FEGA and to the buyers for the purposes of Article 3.3.

4. In the case of definitive transfers, the deadline referred to in Article 3.3 is advanced to 15 February. The resolution of such transfers shall be subject to approval by the European Union.

5. Where a producer with a quota available for direct sales has not used it in its entirety, in contrast to the quota available for deliveries to buyers, the producer shall be deemed to meet the objective conditions. which justify the need for the transfer of the surplus quantities, unless expressed by the contrary, lodged before 31 March. This case shall apply only to producers whose direct sales declarations are submitted in time.

CHAPTER V

Defaults

Article 50. Defaults.

For everything established in this royal decree, in the event of non-compliance, it will apply the provisions of Article 98 of Law 50/1998 of December 30, of fiscal, administrative and social measures, without prejudice to the the responsibilities of any order that may be derived, in particular those related to the application of the additional levy.

First transient disposition. Transfers of unlinked quotas from the holding.

Producers with unlinked quota acquisitions from the holding made prior to the entry into force of this royal decree will be eligible for the provisions of Article 36.2.c.

Second transient disposition. Limitations of the allocated quotas from the national reserve.

The amounts from the national reserve allocated prior to the entry into force of this royal decree shall apply to them as set out in Article 22.5.

Transitional provision third. Quota transfers with exploitation.

The lease transfers from the holding which are in force at the date of entry into force of this royal decree and which will expire without any possibility of resumption under similar conditions or in situations which produce comparable legal effects, in the absence of an agreement between the parties, the available quotas of the holdings concerned shall be transferred, in whole or in part, to the producers who are going to exploit them, taking into account the interests legitimate parties, in accordance with the laws in force.

Transitional disposition fourth. Quotas from the national reserve allocated under Royal Decree 1192/2000 of 23 June 2000.

Notwithstanding the provisions of Article 7 (2) of Royal Decree 1192/2000 of 23 June 2000 laying down rules for the individual allocation of reference quantities from the national reserve increase in milk quota, farmers who expressly renounce the quantities allocated under the aforementioned royal decree will be able to benefit from the provisions of Article 23 of this royal decree.

Single repeal provision. Regulatory repeal.

How many provisions of equal or lower rank are opposed to this royal decree, and in particular:

(a) Royal Decree 1888/1991 of 30 November establishing a programme for the management of the milk and milk products sector.

(b) Royal Decree 1319/1992 of 30 October 1992 laying down specific rules for the application of the additional levy scheme in the milk and milk products sector, with the exception of Articles 3 and 4 and paragraphs 1 and 3 of Article 5.

(c) Royal Decree 324/1994 of 28 February 1994 laying down rules governing the milk and milk products sector and the supplementary levy scheme, with the exception of Articles 3, 7 and 8.

(d) Royal Decree 2230/1994 of 18 November establishing rules for the allocation of additional reference quantities of milk from the national reserve.

e) Royal Decree 174/1998 of 16 February laying down general rules for the distribution of certain reference quantities integrated into the national milk quota reserve.

(f) Royal Decree 1487/1998 of 10 July 1998 amending Royal Decree 174/1998 of 16 February 1998 laying down general rules for the distribution of certain reference quantities integrated into the reserve national milk quotas.

(g) Royal Decree 1486/1998 of 10 July on the modernisation and improvement of the competitiveness of the dairy sector, with the exception of Chapters V and VI. The reference to Articles 13 of Royal Decree 324/1994 and 25 of Royal Decree 1888/1991, made in the last paragraph of Article 21 (4) of Royal Decree 1486/1998, will be replaced by the reference to Article 5 of this royal decree.

Final disposition first. Milk quota coordination table.

1. It shall be set up, under the Ministry of Agriculture, Fisheries and Food, and with the composition and duties to be determined by the Ministry of Agriculture, a table for the coordination of milk quotas.

2. Representatives from the Ministry of Agriculture, Fisheries and Food and the autonomous communities that voluntarily decide to join it will participate in the table.

3. The coordination bureau shall be responsible in particular, and without prejudice to the tasks entrusted to it, of the following tasks:

a) Propose the system of operation of the database collected in Article 4.

(b) Approval of the national control plan provided for in Article 11.

(c) Study and assessment of the functioning and impact of the provisions of Article 38 (b), in order to propose, if necessary, any corrective measures deemed appropriate.

d) Promote the harmonisation of the actions of the Autonomous Communities in order to achieve a proper implementation of the milk quota management system.

4. The operation of the coordination table will not entail any increase in public expenditure and will be met with the material and personnel resources available in the Ministry of Agriculture, Fisheries and Food.

Final disposition second. Competence title.

This royal decree is dictated by the exclusive competence conferred on the State by Article 149.1.13. of the Constitution on the basis and coordination of the general planning of economic activity.

Final disposition third. Faculty of development.

The Minister of Agriculture, Fisheries and Food is empowered to adopt as many provisions as are necessary for the implementation and development of the provisions of this royal decree, and in particular, to establish the system of operation of the database provided for in Article 4, as well as for the amendment of the Annexes.

Final disposition fourth. Entry into force.

This royal decree will enter into force on April 1, 2003.

Dado en Madrid, a 21 de marzo de 2003.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX I

Request for compensation for definitive abandonment of dairy production

Request Period

Identification of the holder

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Banking data for transfer compensation income.

Financial Entity.

Bank code; branch code; control; account number.

Total Allocated Quota (Kg).

Allocated share of the national reserve (Kg).

Indemnable Quota (Kg).

The fat content of the allocated quota (%).

Exposes what:

Know the conditions and limitations set forth in this royal decree, as well as in the corresponding order of the counseling by which the procedure is established to request the definitive abandonment of the production dairy.

Meet and agree that the personal data contained in the application will be included in the automated and used fiche-ros according to the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

Commits to:

Submit to the controls carried out by the competent authority to verify that the conditions for the definitive abandonment of milk production are met.

Waive any allocation of a reference quantity from the national reserve.

Cash the abandonment before the end of the period in which you are granted.

Minimum documentation to accompany abandonment requests.

Any documentation deemed necessary by the competent body to prove that the essential requirements for the abandonment of the aid are fulfilled, in particular that it is free from commitments resulting from aid to the Milk holding, as set out in Article 8.c) of this royal decree.

Any documentation deemed necessary by the competent body to justify the consideration of priority criteria set out in Article 10.3 of this royal decree.

ANNEX II

Request for quantities from the national reserve

Request Period

Identification of the holder

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Quantity requested for delivery to buyers.

Quantity requested for direct sales.

Exposes what:

Know the conditions and limitations set forth in this royal decree, as well as the corresponding order of the counseling by which the procedure for requesting quota from the national reserve is established.

Meet and agree that the personal data contained in the application will be included in the automated and used fiche-ros according to the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

The applicant, holder of the resented exploitation, commits to:

That the quantities allocated from the national reserve may not be transferred or transferred temporarily or in compensation for abandonment, and shall be reintegrated into the national reserve in the case of a total transfer or partial.

Do not transfer or temporarily cede quota for the following three periods, counted from the time you receive the assignment, even if you have waived it.

Minimum documentation to accompany national reservation requests.

Any documentation that the competent authority of the Autonomous Community deems necessary to demonstrate compliance with the essential requirements to qualify for the assignment.

Any documentation which the competent authority of the Autonomous Community deems necessary to justify obtaining a score for certain criteria belonging to the scale set out in Article 18 of this Royal decree.

ANNEX III

Request to the Coordinated National Dairy Quota Fund

Request Period

Identification of the holder

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Total quota allocated for deliveries to buyers (Kg).

Total quota allocated for direct sale (Kg).

The fat content of the allocated quota (%).

Price per Purchased Kilogram (€/Kg).

Quantity of quota to purchase from the National Coordinated Dairy Quota Fund (both for delivery to buyers and for direct sale).

Quantity that you request as a supplemental allocation from the national reserve (both for delivery to buyers and for direct sales).

Exposes what:

Know the conditions and limitations set forth in this royal decree, as well as in the corresponding order of the counseling by which the procedure is established to request the acquisition of quotas to the Fund national.

Meet and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Data Protection Personal Character.

Commits to:

That the amounts obtained as an additional allocation of the national reserve may not be subject to temporary transfer or transfer or to compensation for abandonment, and shall be reintegrated into the national reserve in the case of total or partial transfer.

Do not transfer or temporarily cede quota for the following three periods, counted from the time you receive the assignment, even if you have waived it.

Make the corresponding income from the value of the proposed quota as allocation, in the form determined by the Ministry of Agriculture, Fisheries and Food.

Minimum documentation to accompany acquisition requests to the national fund.

Any documentation that the competent authority of the Autonomous Community deems necessary to demonstrate compliance with the essential requirements to qualify for the assignment.

Any documentation deemed necessary by the competent body to justify obtaining a score for certain criteria pertaining to the scale established in this royal decree or, where appropriate, to the established priorities in the call order of the corresponding stand-alone community.

ANNEX IV

Operating quota transfers (T-1)

Identification of holders, transferor and acquirer

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Quantity of quota for delivery to buyers object of transfer (Kg).

Quantity of quota for direct sales object of transfer (Kg).

Fat content of the amount transferred for delivery to buyers (%).

Reason for the transfer.

Indication of whether the transferor and acquirer deliver to the same buyer, in the terms set out in Article 43 (2).

Marketing of milk and dairy products from the transferor.

The amounts specified below must match the certificates extended by the buyers and, if applicable, the transferor's declaration for direct sales. Milk or equivalent marketed milk should be specified in the current period by the transferor. It should be made clear that for the current period the period in which the transfer is to take effect is understood.

The acquirer and transferor (or heirs, in the case of inheritance) communicate the quota transfer with the holding for update in the database and expose that:

They know the conditions and limitations set forth in this royal decree on the transfer of quota linked to the holding.

Know and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

Buyer-certified deliveries and, where applicable, declared direct sales, provided that they do not exceed the transferor's share, will be considered as a quantity available for this purpose for the purposes of clearing the supplementary period, except where the provisions of Article 43 (2) apply.

ANNEX IV BIS

Exceptional quota transfer case with exploitation (T1 BIS)

Identification of holders, transferor and acquirer

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Cause that motivates the exception: death, retirement, or early termination of the former holder.

The date the cause occurs; it must be between 1 December and 31 March of the current period.

Quantity of quota for delivery to buyers object of transfer (Kg).

Quantity of quota for direct sales object of transfer (Kg).

Fat content of the amount transferred for delivery to buyers (%).

The acquirer and transferor (or heirs, in the case of death) communicate the quota transfer with the holding for update in the database from the following period and expose that:

They know the conditions and limitations set forth in this royal decree on the transfer of quota linked to the holding.

They know the exceptional procedure for this type of communication set out in Article 43 (3).

Both the former holder and the new holder have made their deliveries of milk during the present period to a single buyer.

Know and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

The new holder commits to:

Do not change the buyer for the remainder of the period.

ANNEX V

Certification of milk or dairy deliveries (1)

Don/Dona .............................................................................................., with the number of tax identification .................................................., as the legal representative of the company named .................................................., with tax identification code ........................................., approval number as buyer ........................

For the purposes of the provisions of Royal Decree 347/2003 of 21 March 2003 governing the milk quota management system.

DECLARES THAT:

Know the intent of the certificate requester to qualify for the purpose of the certificate's destination.

CERTIFY THAT:

Don/Dona .............................................................................................., with the number of tax identification ................................................................, has given to this company milk and/or milk products in milk equivalent during the periods indicated, the following quantities:

Previous Period Period Previous

Quantity of milk delivered (kg)

Fat content (%)

Amount delivered corrected by fatty content (kg)

(1) In this common attachment model, the purpose of the certificate destination is added below:

-For abandonment request

-For quota fund request

-For request for transfers

-For Temporary Cession Request

In ................... to .... of ....................... of 20 ...

ANNEX VI

Statement of sales of milk and/or dairy products made directly by the producer (1)

Don/Dona ............................................................................................, with tax identification number ......................................., with registered office in ..........................................., locality ....................................................... province .........................................................

As a dairy farmer with a share for direct sale and for the purposes of Royal Decree 347/2003 of 21 March, for which the milk quota management system is regulated.

DECLARES THAT:

You have directly marketed milk and/or milk products in milk equivalent during the periods indicated:

Period In Progress: (kg)

Previous period: (kg)

It also states that the above data are true, and that it is willing to submit to the controls required and to provide the documents and supporting documents related to them deemed necessary by the competent authorities.

(1) In this common attachment model, the purpose of the certificate destination is added below:

-For abandonment request

-For quota fund request

-For request for transfers

-For Temporary Cession Request

In ................... to .... of ....................... of 20 ...

ANNEX VII

Quota transfers without exploitation within the Autonomous Community (T-2)

Identification of holders, transferor and acquirer

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the farms, source, and target

Name

Identification Codes

Address

Postal Code

Location

Localization

Province

Quantity of quota for delivery to buyers object of transfer (Kg).

Quantity of quota for direct sales object of transfer (Kg).

Fat content of the amount transferred for delivery to buyers (%).

Marketing of milk and dairy products from the transferor.

The amounts specified below must match the certificates extended by the buyers and, if applicable, the transferor's declaration for direct sales. Milk or equivalent marketed milk should be specified in the current period by the transferor. It should be made clear that for the current period the period in which the transfer is to take effect is understood.

The acquirer and transferor request the unlinked quota transfer from the holding for update in the database and expose that:

They know the conditions and limitations set forth in this royal decree on the transfer of unlinked quota from the holding.

Know and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

Buyer-certified deliveries and, where applicable, declared direct sales, provided that they do not exceed the transferor's share, will be considered as a quantity available for this purpose for the purposes of clearing the supplementary period.

ANNEX VIII

Transfer of quota without exploitation between producers of different Autonomous Communities (T-3)

Identification of holders, transferor and acquirer

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the farms, source, and target

Name

Identification Codes

Address

Postal Code

Location

Localization

Province

Quantity of quota for delivery to buyers object of transfer (Kg).

Quantity of quota for delivery to transferred buyers after deduction (Kg).

Quantity of quota for delivery to buyers passing to the national reserve (Kg).

Quantity of quota for direct sales object of transfer (Kg).

Quantity of quota for direct sales transferred after deduction (Kg).

Amount of direct sales quota to the national reserve (Kg).

Fat content of the amount transferred for delivery to buyers (%).

Marketing of milk and dairy products from the transferor.

The amounts specified below must match the certificates extended by the buyers and, if applicable, the transferor's declaration for direct sales. Milk or equivalent marketed milk should be specified in the current period by the transferor. It should be made clear that for the current period the period in which the transfer is to take effect is understood.

The acquirer and transferor request the unlinked quota transfer from the holding for update in the database and expose that:

They are aware of the conditions and limitations set forth in this royal decree on the transfer of the unlinked quota of the holding between farmers of different autonomous communities.

Know and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

Buyer-certified deliveries and, where applicable, declared direct sales, provided that they do not exceed the transferor's share, will be considered as a quantity available for this purpose for the purposes of clearing the supplementary period.

ANNEX IX

Quota temporary lease

Identifying the headlines, transferor and transferee

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the farms, source, and target

Name

Identification Codes

Address

Localization

Province

Quantity of quota allocated for delivery to buyers (Kg).

Fat content of such quota (%).

Quantity of quota for delivery to buyers object of temporary lease (Kg).

Amount of quota allocated for direct sales (Kg).

Quantity of quota for direct sales object of temporary lease (Kg).

Marketing of milk and dairy products from the transferor to the date of the application.

The amounts specified below must match the certificates extended by the buyers and, if applicable, with the transferor's declaration for direct sales. Milk or milk equivalent marketed in the current period must be specified by the transferor until the date of the application. It should be clear that for the current period the period in which the transfer is to enter into force is understood.

The acquirer or transferee and the transferor request the authorization of the temporary assignment of the above mentioned quotas, for the period of 12 months of additional fee and expose that:

They know the conditions and limitations set forth in this royal decree on the temporary cession of quotas.

Know and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of Personal Character Data.

ANNEX X

Quota Transfers

Identification of the requester.

Name and name or social reason

NIF/CIF

Date of birth

Home

Postal Code

Location

Province

Identification of the exploitation.

Name

Identification Code

Address

Postal Code

Location

Localization

Province

Transfer character: temporary (for which period) or definitive (from which period).

Motivation for the transfer.

Address of the transfer.

Amount to be transferred: it will be indicated if it is of the total quota allocated for each nature (VI or VD), or the amount expressed in Kg, in the event that it is transferred only part of the quota allocated for each nature (VI or VD).

Fee for delivery to previous buyers for transfer.

Share for direct sales prior to the transfer.

Fee for delivery to buyers after transfer.

Share for direct sales after transfer.

Requester exposes that:

Know the conditions and limitations set forth in this royal decree on the transfer of quotas.

Meet and agree that the personal data contained in the application will be included in automated files and used in accordance with the provisions of the Organic Law 15/1999, of December 13, of Data Protection Personal Character.