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Order Apa/867/2002, Of April 17, Which Facilitated The Allocation Of Reference Quantities Of The Coordinated National Fund Of Milk Quotas And The Complementary To The National Reserve For The Period 2002 / 2003.

Original Language Title: ORDEN APA/867/2002, de 17 de abril, por la que se instrumenta la asignación de cantidades de referencia del Fondo nacional coordinado de cuotas lácteas y de la complementaria de la Reserva nacional para el período 2002/2003.

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TEXT

The purpose of this Order is to apply, for the period 2002/2003, Royal Decree 1486/1998 of 10 July 1998 on the modernisation and improvement of the competitiveness of the dairy sector, as regards the acquisition by the farmers of reference quantities of the coordinated national milk quota fund and the additional allocation of the national reserve.

Royal Decree 1486/1998 establishes in its Chapter II the National Fund of Coordinated Milk Quotas, within the National Reserve, as one of the basic elements of the program of modernization of the sector.

Specifically, in Chapter IV it regulates the reference quantities released in the abandonment programmes, having their subsequent reallocation both through the allocation of the quota fund and the additional allocation of the quota. National reserve, fixing the price of the Fund's share as the weighted average of the allowances paid in the corresponding abandonment programme.

The amounts currently made up of the Fund have been acquired through the compensation scheme implemented during the period 2001/2002 under the Order of 8 June 2001, for which the programme is implemented National of the Dairy Production Abandonment for the 2001/2002 period.

Royal Decree 1486/1998 also provides that the Ministry of Agriculture, Fisheries and Food will determine the procedure for the payment by the producers of the quotas acquired from the Fund, enabling an account to this end. specific.

For its part, its second final provision empowers the Minister for Agriculture, Fisheries and Food to amend the ceilings for the additional allocation, as well as the conditions of the producers for their access. to the Fund.

Royal Decree 1931/1998 of 11 September 1998 extending the time limit for the submission of applications for compensation for the abandonment of milk production for the period 1998/1999 gives the Minister of Agriculture, Fisheries and Food to modify, for short-term reasons, the deadlines and terms provided for in Royal Decree 1486/1998, relating to the submission of applications by individuals.

Finally, and as a novelty against the rules of previous periods, the representative fat or fat content of the quotas allocated for deliveries to buyers in the national fund will be the average of the the quotas abandoned in the 2001/2002 period and shall be weighted in the representative fat content of the beneficiary farmer; all in compliance with Article 3 of Commission Regulation (EC) No 1392/2001 of 9 July 2001, laying down detailed rules for the application of Council Regulation (EEC) No 3950/92 that an additional levy is established in the milk and milk products sector. However, the additional allocations of the national reserve shall not change the representative fat content of the beneficiary farmer.

In the preparation of this Order, the Autonomous Communities and the sectors affected have been consulted.

In its virtue, I have:

Article 1. Object.

The purpose of this Order is to develop Royal Decree 1486/1998 of 10 July 1998 on the modernization and improvement of the competitiveness of the dairy sector as regards the implementation of the coordinated national fund. for milk quotas and for the additional allocation from the national reserve provided for in Article 17 of that standard for the period 2002/2003.

Article 2. Quantity that makes up the Fund and the price.

1. The amount of quota existing in the coordinated national milk quota fund for the period 2002/2003 is increased to 30,199 tonnes and has been fixed in accordance with the provisions of Article 5 of the Order of 8 June 2001, It implements the National Abandonment Programme of Dairy Production for the period 2001/2002.

2. The selling price of the reference quantities of the Fund is set at EUR 0.30/kilogram.

Article 3. Fat content.

The representative fat or fat content of the quotas for deliveries to buyers allocated in the national fund shall be 3,58 per 100, which is the average of the quotas abandoned in the 2001/2002 period and This shall be weighted in the representative fat content of the beneficiary farmer.

Article 4. Beneficiaries.

Cattlemen who wish to obtain, by payment of the corresponding amount, the Fund's allocation of quotas, must meet the following requirements:

(a) Dispose of an allocated quota of less than 400,000 kilograms as of 1 April 2002.

The above limit will be raised to 500,000 kilograms for farmers in an Autonomous Community, in the case that the total quantities that can be applied for, by all livestock farmers who meet the requirements laid down in the This article within the territory of that Autonomous Community is less than the quantities available for the Autonomous Community.

In the case of agricultural processing companies or production cooperatives, with reference quantity allocated in the name of the entity, this limit for access to the quota fund shall be applied after the division of the the quota allocated to the institution by the number of farmers who are the main farmers.

b) Be included in any of the categories of producers listed in Article 34.1 of Royal Decree 1486/1998.

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

(d) Not having transferred reference quantities during the last five periods, including the one in which the application is submitted to the Coordinated Fund.

e) No reference quantities have been given during the last five periods, including the one in which the application is submitted to the Coordinated Fund, unless duly justified by the fact that it has taken place in any of the causes of force Article 42 of the Royal Decree 1486/1998. Any other duly documented cause and thus considered by the competent authority shall also be considered as force majeure.

(f) Haber marketed in the period 2001/2002 at least 90 per 100 of its reference quantity.

g) Meet the health conditions required for the production and marketing of milk and milk products.

Article 5. Applications for reference quantities from the Fund.

1. Cattlemen who meet the requirements of the previous Article and who are interested in obtaining reference quantities from the Fund for the period 2002/2003 shall submit an application to the competent authority of the Autonomous Community of where the holding is situated, containing at least the data contained in the model set out in Annex 2 to Royal Decree 1486/1998, before 14 September 2002.

2. The maximum amount that a farmer can acquire depends on the reference quantity assigned to him on 1 April 2002, so that:

a) If your assigned reference quantity is less than 150,000 kilograms, up to a maximum of 50 per 100 kilograms.

b) If their assigned reference quantity is between 150,000 and 250,000 kilograms, up to a maximum of 50 per 100 of the difference between their quota and 350,000 kilograms.

(c) If their assigned reference quantity is between 250,000 and 400,000 kilograms, up to a maximum of 25 per 100 of the difference between their quota and 500,000 kilograms.

However, regardless of the dairy quota of the farmer, no quantities of less than 5,000 kilograms shall be allocated.

In the case of agricultural processing companies or production cooperatives, with reference quantity allocated in the name of the entity, the limits indicated for access to the quota fund shall be calculated by dividing the quota allocated by the number of farmers to the main title which they integrate and the maximum quantity they can apply for will be the result of multiplying by that number the amount that would correspond to each, according to the previous scales.

Article 6. Processing of the allocations of reference quantities from the Fund.

1. The competent authority of the Autonomous Community, based on the provisions of Article 15.1 of Royal Decree 1486/1998, shall draw up a proposal for the allocation of reference quantities, which shall be notified to the parties concerned and forwarded to the Directorate-General. General of Livestock before 15 November 2002.

2. Within 10 days of receipt of the proposal, the farmers shall enter the amount of the quantities indicated to them in the current account which has been notified to them in the proposal for the allocation of quantities of reference.

3. The competent authority of the Autonomous Community, once the effective income has been checked, shall forward to the General Directorate of Livestock the ratio of the farmers included in the proposal which have not constituted the income, for the purposes of the Decisions to be issued, by withdrawal, in accordance with the provisions of Article 15 of Royal Decree 1486/1998.

Article 7. Resignations.

The waiver of the allocation of these reference quantities shall not have effect after the entry of the quantities corresponding to the quota acquisition.

Article 8. Limits of the supplementary allocation.

1. The maximum limit for the additional allocation in 100 per 100 of the reference quantity acquired from the Fund is fixed by virtue of the rating of the final provision of Royal Decree 1486/1998.

2. These additional allocations from the national reserve shall not change the representative fat content of the beneficiary farmer.

Article 9. Resolution.

The Director General of Livestock will dictate the resolution of allocation of reference quantities from the Fund in conjunction with the allocation of the additional amounts of the National Reserve.

Single end disposition. Entry into force.

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

Madrid, April 17, 2002.

CANETE ARIAS