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Royal Decree 254/2016, Of June 10, By Which The Rules For Granting Aid To Cooperation For The Sustainable Supply Of Biomass Under The National Rural Development Programme 2014-2020 Established.

Original Language Title: Real Decreto 254/2016, de 10 de junio, por el que se establecen las bases reguladoras de la concesión de ayudas a la cooperación para el suministro sostenible de biomasa en el marco del Programa Nacional de Desarrollo Rural 2014-2020.

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's doctrine requires the establishment of the regulatory basis for grants by means of a rule of law or royal decree, thus, in its judgment 156/2011, of 18 of In October (FJ 7) states that " in terms of the formal perspective, the subvencional regulation that occupies us must also satisfy the formal requirements of the basic regulations contained in the previously reproduced STC 69/1988, FJ 5. From this formal perspective, it is necessary to start from the fact that in the areas of shared competence in which, as in this case, it is up to the State to establish the basic norms and the autonomous communities the normative development and the implementation of these bases, the implementation of the subsidized programs must be made with the support of the formal law whenever possible, or, in any case, through the regulatory norm of the government that regulates the central aspects of the the legal system of grants, which must include at least the purpose and purpose of the aid, its mode or technical modalities, the beneficiaries and the essential requirements for access ... This criterion regarding the formal coverage of the basic regulation must be demanded, even with greater rigour, in the cases of state subsidies centralized in the material areas in which the Constitution reserves the State This is a basic principle, since this centralised management is an exception which limits the ordinary exercise by the autonomous communities of their powers. "

Taking into account the doctrine of the Constitutional Court, the centralized management of the funds allocated to the grants referred to in this royal decree is foreseen as the most appropriate means to ensure the full effectiveness of the measures within the basic management of the sector, and to ensure the same possibilities of obtaining and enjoyment by their potential recipients throughout the national territory, by establishing a uniform criteria for access to aid, which are essential in this case where the aid is not it is compartmentalized, but extends to the whole of the production system, while at the same time being a necessary means of preventing the total amount of such aid from exceeding the European Union funds allocated to them. In addition, this form of management is supported by the fact that the promotion measures, the implementation of which is intended to achieve this rule, affect the whole of the sector, so they only make sense if their character is maintained. supra-land.

In this respect and in accordance with the established constitutional jurisprudence in the field of public aid, in this royal decree the circumstances that will protect the centralization of the aids are given, according to the "fourth assumption" of the Judgment of the Constitutional Court 13/1992, in its Legal Foundation (8.D) described in the preceding paragraph, thus corresponding to the centralised management, when it is essential to ensure the full effectiveness of the measures of promotion within the basic management of the sector, to guarantee the same possibilities of to obtain and enjoy the same by their potential recipients throughout the national territory, while at the same time being a means necessary to avoid exceeding the overall amount of the funds or appropriations which have been allocated to the sector, (SSTC 95/1986; 152/1988 and 201/1988).

These grants are managed by the Ministry of Agriculture, Food and the Environment, based on Article 149.1.13. of the Spanish Constitution, which attributes exclusive competence to the State on the basis of general coordination of economic activity.

Thus, in the words of the judgment of the Constitutional Court 45/2001, of February 15, " article 149.1.13. of the Spanish Constitution can protect both state norms that set the guidelines and the global criteria The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance in it) ". In short, the State has reserved, by the aforementioned Article 149.1.13, a management competence in which it has basic rules and, likewise, forecasts of actions or singular measures that are necessary to achieve the objectives proposed as part of the organisation of the sector (judgment of the Constitutional Court 117/1992 of 16 September).

This is due to its cross-cutting character, since there is still competition on an economic sub-sector which an autonomous community has assumed to be 'exclusive' in its Statute, this competence does not preclude competition. In order to establish the bases and coordination of this sub-sector, the autonomous exercise of this exclusive competence may be conditioned by State measures, which in the exercise of their own and differentiated competence can be deployed. autonomously on various fields or subjects, provided that the aim pursued responds in fact to an objective of economic planning (judgment of the Constitutional Court 74/2014 of 8 May).

Likewise, the judgment of the Constitutional Court 11/2015, FJ 4, for reference to the judgment of the Constitutional Court 79/1992, of 28 May, FJ 2, has recalled that " the field of agriculture and animal husbandry is of those that its importance tolerates the fixing of guidelines and global criteria of management as well as forecasts of actions or singular measures that are necessary to achieve the proposed objectives within the planning of each sector, highlighting " ... in the field of agriculture and livestock farming, with the specific competence of the autonomous communities ... the State may intervene by virtue of its general powers on the general management of the economy. ""

The doctrine on the use of supra-land as a criterion for the allocation of powers to the State is recalled in the judgment of the Constitutional Court 27/2014 of 13 February, FJ 4, in the following terms: " The use of supra-land as a determining criterion for the allocation or transfer of the ownership of powers to the State in areas, in principle, reserved for the autonomous powers, has, according to our doctrine, character exceptional, so that it can only take place when it is not possible to establish any (i) a connection enabling the exercise of the powers of the regional authority or, in addition to the supra-regional character of the phenomenon which is the subject of competition, the division of public activity against it is not possible, even in this case, that action cannot be exercised either by means of cooperation or coordination mechanisms and, therefore, requires a degree of homogeneity which can only guarantee its attribution to a single holder, necessarily the State, and where necessary use a supra-ordered entity with the ability to integrate competing interests of its partial components, without forgetting the imminent danger of irreparable damage, which places us in the field of state of need (Judgment of the Constitutional Court 102/1995, of June 26, FJ 8) (judgment of the Constiess opportunities.

The ultimate goal of these cooperation projects is to contribute to a sustainable supply of biomass between the food sector agents that receive it or provide it. This supply can be performed horizontally or vertically. In addition, this supply is done in parallel and in a complementary way to the value chain of companies in the sector involved in the production, processing and distribution of foodstuffs or foodstuffs, which entails a benefit to the priority associative entities or supra-regional agri-food SMEs involved.

In relation to the rule range and in line with the established constitutional case law (STC 175/2003, of 30 September) (STC 156/2011, of 20 October) it is necessary for its regulation to be established by royal decree, to the These are basic rules of state competence.

Indeed, from the formal point of view, the High Courttutional Court 35/2012, FJ 5, by quote from the judgment of the Constitutional Court 194/2011, FJ 5) ".

Article 149.1.13. of the Spanish Constitution may in certain cases justify the reservation of executive functions to the State and also permit the use of the superland as a title to the State, but in order that such an assumption can be considered according to the order of competition two conditions must be fulfilled: that it is necessary that the action in question is reserved to the State in order to guarantee the fulfillment of the objective (a) the economic planning pursued, which could not be achieved without such a reserve, and, another side, that the use of the supra-land criterion is justified in the terms of our doctrine, that is, taking into account both the reasons provided and the congruence of the reserve of the function with the rule of the norm.

According to the High Court's doctrine, it is a matter of exercising certain measures of promotion for the cooperation of groups formed by agri-food SMEs whose scope of action is supra-autonomous, of entities priority associations of supra-regional or other legal entities operating beyond the territorial scope which constitutes the limit within which the autonomous communities exercise their powers, the principle of territoriality, In this case, it is essential to ensure that the aid is not compartmentalized, but rather extend to the whole of Spain. The cooperation project and the actions in the area will have a supra-regional approach and, therefore, the centralised management by the Ministry of Agriculture, Food and the Environment ensures the application of uniform criteria. avoiding fragmentation in access to these aids and thus favouring the same possibilities of obtaining and enjoying the potential recipients who are in different autonomous communities but who are integrated into the in a single entity of supra-land scope.

In this way, an adequate application is guaranteed with the same criteria to all the possible stakeholders throughout the national territory and avoid partial or incomplete visions, as when the criterion of a community It will prevail against the rest and will administratively affect operators with no territorial and economic links. It is also intended to avoid overlaps with other regional aid which is granted for the same purposes and which are fully managed by the autonomous communities. The potential beneficiaries of such aid are therefore required to have activity in several autonomous communities, so that the regional powers are not only not affected, but also the objectives of the collaboration between entities is reinforced with this state management support line.

In this sense, it is jointly intended to promote SMEs and agri-food associationism, to break with the current atomization of food industries and to overcome economic and regional borders, through the state of laying the foundations and coordinating the general planning of economic activity and the general power to lay foundations in the field of cooperativism. In this respect, the judgments of the Constitutional Court 72/1983, 44/1984, 165/1985 and 88/1989, which expressly attribute exclusive competence to the State on cooperatives of the supra-regional scope, must be recalled.

The management and implementation of the operations of the program corresponds to the Ministry of Agriculture, Food and Environment, through the Directorate General of Rural Development and Forestry Policy, as set out in the article 7 of Royal Decree 1080/2014 of 19 December 2014 establishing the coordination regime for the management authorities of rural development programmes for the period 2014-2020.

For cooperation operations for the sustainable supply of biomass between agents receiving or providing it, intended for the production of energy in the processing of agri-food products, regulated in the This royal decree, the Directorate General of Rural Development and Forestry Policy has delegated the management and execution of the same in the Directorate General of the Food Industry and the Spanish Agricultural Guarantee Fund (FEGA) jointly, by the relevant delegation agreement dated 30 October 2015.

In general, the groups of beneficiaries applying for this aid will not be able to receive aid for the same purpose in the National Rural Development Program or in the Rural Development Programs of the communities. autonomous, for the period 2014-2020.

With this royal decree, the measures to promote the associative integration of agro-food associative entities of a supra-regional character are continued within the framework of the National Rural Development Program 2014-2020, already adopted by Royal Decree 1010/2015 of 6 November 2015 laying down the regulatory bases for the granting of aid for tangible or intangible investments in the processing, marketing and development of agricultural products, Royal Decree 126/2016 of 1 April 2016 laying down the regulatory basis for the the granting of aid to demonstration activities and information actions and Royal Decree 197/2016 of 13 May 2016 laying down the regulatory basis for the granting of aid to cooperation for joint approaches with for environmental projects and environmental practices in progress, under the 2014-2020 National Rural Development Programme.

This royal decree is issued under the protection of Article 149.1.13 of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic and social activity. Pursuant to Articles 17 and concordant of Law 38/2003 of 17 November, General of Grants, the regulatory bases of these grants are established.

In the procedure for drawing up this royal decree, the Autonomous Communities and the entities representing the interests of the sectors concerned have been consulted.

This is the case for a report from the Delegate Intervention, the Budget Office and the State Attorney in the Department.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of the day June 10, 2016, I have:

Article 1. Object.

This royal decree aims to establish the regulatory basis for the granting, under competitive competition, of grants for financial support to cooperation projects for the sustainable supply of biomass between agents that receive or provide it, for the production of energy in the transformation of the agri-food products. The cooperation shall involve at least two of the following figures, a priority associative entity, a supra-regional agri-food SME or another natural or legal person, the participation of an associative entity being essential Priority or a supra-regional agri-food pyme.

The aid covered by this royal decree is framed in the National Rural Development Programme, financed by the Ministry of Agriculture, Food and the Environment (MAGRAMA) and the European Fund. Agriculture for Rural Development (EAFRD) and regulated by Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and by The repeal of Council Regulation (EC) No 1698/2005. They are in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.

Article 2. Definitions.

For the purposes of applying this royal decree, the following definitions shall apply:

1. Priority asdel to be established in the corresponding call.

2. The applicants ' declaration that no aid financed by the European Agricultural Fund for Rural Development (EAFRD) is in a crisis situation in accordance with Community legislation or to be recovered; according to the model to be established in the relevant call.

3. the applicants ' declaration of failure to receive any incompatible aid, as well as the aid, where appropriate, obtained for the same purpose from public or other public authorities or private, according to the model to be established in the corresponding call. This declaration shall state whether it has participated in ongoing projects related to energy efficiency.

4. th Declaration of applicants stating the sources and amounts of funding requested from public administrations or other public or private entities for the same purpose.

5. The applicants ' declaration on compliance with the requirements of the beneficiaries provided for in Article 4.3.

6. º If the beneficiaries have applied for the Tax Administration to qualify as an entity or private establishment of a social character in accordance with the provisions of Article 20.3 of Law 37/1992 of 28 December 1992, The value added tax must be provided by the document issued for that purpose.

7. The application for aid implies authorization to the Ministry of Agriculture, Food and Environment, to obtain from the Tax Agency and the General Treasury of Social Security, information regarding compliance of the tax and social security obligations. Applicants may, however, expressly refuse consent, and must provide the corresponding certificates together with the application to demonstrate compliance with the tax and social security obligations.

8. º The request for assistance involves authorization to the instructor body to check the identity data of the legal representative of the requesting entity, through consultation with the System of Verification of Data of the Planned Identity in the only Article, paragraph 3, of Royal Decree 522/2006 of 28 April 2006, which suppresses the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its bodies public related or dependent. If the person does not give his consent, he/she must provide a certified photocopy of the corresponding document or identity card, as provided for in the aforementioned article. The power of the applicant, sufficient and subsisting, must be accredited.

b) Documentation regarding the pool:

1. The accredited documentation that the requirements of Article 4 are met.

2. Poders of the representative of the grouping to perform the functions set out in Article 5, granted by all the members of the grouping.

3. Declaration of collaboration in the monitoring and evaluation tasks according to the model set out in Annex III.

4. Information regarding whether any of the members of the group are registered in the Register of Good Practices in the Food Contract, is an operator with the organic production regime or has an environmental certification related to internationally recognised standards.

c) Documentation regarding the cooperation project:

1. The initial report of the cooperation project, in accordance with the model to be included in the call, and which will contain the following minimum information:

1. Title.

2. Objectives.

3. Justification.

4. Brief diagnosis of the starting position of the priority associative entities or SMEs involved in aspects related to the availability of biomass as a by-product or possibilities for the use of biomass in their production processes of food.

5. Geographical scope of action, i.e. autonomous communities where it is to be carried out and could benefit from this cooperation.

6. Branch of activity object of the cooperation project.

7. Working methodology.

8. Human resources and technical means employed. Description in your case of the use of information and communication technologies (ICT).

9. Expected impacts in detail of:

(a) Economic (benefits in and out of the company (s), cost reduction, potential users, increased market share, description of potential beneficiaries ...).

b) Social (job creation in participating and rural enterprises).

c) Environmental.

(d) Expected impacts on energy cost reduction (expressed as a percentage reduction in the cost of energy used per unit produced).

2. The estimated budget of the cooperation project, with a breakdown according to the planned actions and details of the concepts of the expenditure that make up the project and the estimated costs for each performance.

3. Plan of work and schedule of the cooperation project: detailed description of the activities proposed by each of the parties with a calendar of implementation.

3. Any documentation that the applicant considers necessary and precise so that all the selection criteria listed in Annex II to this royal decree can be properly assessed.

Article 12. Instruction of the Valuation Procedure and Commission.

1. The instruction and management of the procedure shall be carried out by the Directorate-General of the Food Industry, which shall carry out as its own initiative as many actions as it deems necessary prior to the submission of the reports in the assessment committee.

2. The assessment of the applications shall be carried out by the instructor.

3. The Valuation Commission shall be composed of:

(a) President: The Deputy Director-General for Industrial Development and Innovation, from the Directorate-General for Food Industry.

b) Vocals: Three officials attached to the General Secretariat for Industrial Development and Innovation, appointed by the Director General of the Food Industry and three officials appointed by the President of the Spanish Fund Agricultural Guarantee. All of them with minimum technical rank or head of section and exercising one of those appointed by the Director General of the Food Industry the function of secretary.

4. The Commission shall specify the outcome of the assessment carried out in a report which it shall forward to the instructor, taking into account the selection criteria set out in Annex II, as provided for in Article 24 of Law 38/2003, of 17 November. The selection criteria will always apply even in cases where the available budget for the measure or call exceeds the demand for funding. Only cooperation projects that exceed a minimum threshold of 30 points will be selected.

5. The functioning of the valuation commission shall be in accordance with the law on the legal status of the collective bodies of the State Public Sector.

The creation and op help request.

1. The aid application shall be submitted by the representative of the group established in Article 5.

2. The request for assistance shall contain the following documentation, without prejudice to the possibility that such documentation may be extended or amended for each annual call:

a) General documentation:

1. º Declaration of applicants not to be taught in any of the assumptions of article 13.2 and 3 of Law 38/2003, of 17 November, according to mo">(a) Carry out an analytical accounting which permits the identification of the revenue and expenditure relating to the performance of the activities, keeping that information available to the competent national authorities and the European Commission for possible checks.

b) Dispose of a single bank account, for the income of the aid and from which they will make all the movements related to the grant.

3. The obligations referred to in the preceding paragraph shall be compatible with the tax obligations resulting, where appropriate, for the income tax of the natural persons of its members.

4. Obligations with respect to the promotion, advertising and information of grants:

(a) During the implementation of a cooperation project, the beneficiaries shall inform the public of the aid obtained from the EAFRD in accordance with the requirements for information and publicity in Article 13.2 and in paragraph 2 of Part 1 of Annex III to Commission Implementing Regulation (EU) No 808/2014 of 17 July 2014 laying down detailed rules for the implementation of Regulation (EU) No 1305/2013 of the European Parliament and of the Council, on support for rural development through the European Agricultural Fund for Rural Development (EAFRD).

(b) The beneficiaries shall undertake to provide the data necessary for the development of indicators and those which, for statistical purposes, may be used for studies relating to technical, economic, labour and social.

(c) The beneficiaries shall undertake to provide all the information necessary to enable the monitoring and evaluation of the cooperation project as specified in Annex III.

Article 16. Payment requests and documentation to be submitted.

1. Payment applications shall be filed with the General Register of the Spanish Agricultural Guarantee Fund on the street Beneficencia, 8, Madrid, or anywhere in the places provided for in Article 38.4 of Law 30/1992, of November 26, according to the model set in the corresponding call.

2. The time limit for the submission of the application for payment and the related documentation shall be as set out in the relevant call.

3. The electronic submission of the application for payment, as appropriate, as well as the additional documentation specified in the respective calls, shall be made in the terms provided for in the call, in accordance with the provisions of the Law 11/2007, June 22.

4. A single payment application shall be submitted for each cooperation project.

5. The actions for which the payment is requested shall be implemented, justified and paid to be eligible.

6. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. However, where the eligible expenditure does not reach 70% of the amount of aid initially approved in the grant decision, no aid shall be paid.

7. For the payment request, it will be presented:

(a) All supporting documentation of all actions carried out in the framework of the cooperation project.

b) A final report of the cooperation project, in accordance with the model to be included in the call, and containing the following minimum information:

1. Title.

2. º Analysis of the situation of departure, objectives and methodology of work.

3. The detailed development of the jobs that have been performed.

4. Results obtained.

5. Conclusions drawn from the results and degree of achievement in terms of cooperation for the sustainable supply of biomass among the beneficiaries, as well as the achievement of the objectives set out in Article 3.

6. Final Recommendations, including:

1. The possibilities of biomass supply for each beneficiary and an estimate of the cost of carrying them out.

2. The final energy saving possibilities for the different processes assessed for each beneficiary and an estimate of the cost of carrying them out.

3. An assessment of the feasibility of implementing the recommendations mentioned in the previous two paragraphs.

4. If viable, the possibility of being financed by the National Rural Development Programme or by the Rural Development Programmes of the Autonomous Communities or by other Union funds or financial instruments or other funds national.

7. A recapitulative financial statement showing the planned and actual expenditure of each of the members of the group related to the corresponding actions, according to the model that is set out in the relevant call.

8. º An executive summary of the points above.

c) An extract from the single bank account.

(d) Invoices and corresponding payment supporting documents, together with the securities, documents or bank statements or accounting statements that ensure the effectiveness of the payment of the entire subsidised activity.

e) A list of invoices, where each invoice is related to its corresponding payment documents and notes in the bank account, according to the model that will be established in the corresponding call. For the purposes of the justification of staff costs, the beneficiary shall provide supporting documents which set out the details of the work actually carried out in relation to the cooperation project.

f) Declaration of not being incourseable in any of the assumptions of article 13.2 and 3 of Law 38/2003, of 17 November, according to model to be established in the corresponding call.

(g) Certificates of being aware of the tax and social security obligations only in the event that more than six months have elapsed since the issue of the certificates required in the application for aid, in accordance with Article 11 (2) (a).

h) Bank details of the account chosen to receive the help.

i) Statement of the requesting entity or organisation stating that it has not received aid for the same purpose and purpose, nor is it engaged in a process of reintegrating grants.

(j) the applicant's statement indicating the sources and amounts of the requested funding from public or other public or private authorities for the same purpose.

k) Statement of the applicants not to have exceeded the temporary and economic limits of the aid established by this royal decree and on the de State aidout in Article 3 of the Regulation (EU) No Commission Regulation (EC) No 1407/2013 of 18 December 2013.

(l) In the same way, in view of the technical justification of the cooperation project, the beneficiary may be asked to provide the means of proof to demonstrate the implementation of the approved cooperation project.

m) Nominates of the contracted staff. In addition, in the case where the procurement is part-time, the amount allocated with the corresponding time tables shall beration project, the content of which is set out in Article 16.7.b) of this royal decree.

e) Keep at the disposal of the control bodies, two copies of the initial report and of the final report of the cooperation project referred to in Articles 11 and 16 of this royal decree, as well as all the documentation supporting the actions carried out in the framework of the cooperation project.

2. The representative of the beneficiary group shall also comply with the following accounting obligations:

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Eligible expense limits

Costs directly related to the operating activities of the cooperation project shall be eligible according to the following limits:

I. Costs of maintaining the recruitment of the technical staff involved as a participant in the cooperation project. Only staff costs up to the level of remuneration fixed for the corresponding professional groups in the single collective agreement for the staff of the General Administration of the State shall be eligible.

Titling

1

Doctor, Licensed, and equivalent.

2

Diplomat and equivalent

3

Bachiller, Multi-purpose Unified Baccalaureate, Higher Technical Professional Training and equivalent

4

Professional Technical Training, Mandatory and equivalent secondary education

5

Certificate of School and equivalent

II. Costs of permanent technical staff of the beneficiary participating in the cooperation project. For the purpose of determining the expenditure of permanent staff of the beneficiary, the applicable hourly rate shall be calculated by dividing the last documented gross annual salary costs of the individual employees who have worked in the project between 1,720 hours.

III. Travel and subsistence costs. Travel, accommodation and maintenance costs shall be subject, where appropriate, to the provisions of group 2 in Royal Decree 462/2002 of 24 May 2002 on compensation for the service, as well as in the Resolution of 2 December 2002. 2005, of the Secretariat of State for Finance and Budget, for which the Agreement of the Council of Ministers of 2 December 2005 is made public, whereby, in compliance with the provisions of the fourth final provision of Royal Decree 462/2002, of 24 May, the amount of the daily allowance in national territory as set out in Annex II is revised.

Euro Cuantia per day

Hosting

Manufacturing

Entire

2.

65.97

37.40

103.37

In case of travel by own vehicle, the eligible amount will be € 0.19 /km travelled in accordance with Order EHA/3771/2005 of 2 December 2005, which reviews the amount of the costs of locomotion and the allowances in the Income Tax of the Physical Persons.

ANNEX II

Selection Criteria

Criteria

Maximum Score

. Requester characteristics (maximum 15 points)

Valuation of the characteristics and structure of the requester

1.1.1.a) In the case of SMEs, if it employs less than 250 and up to 50 people and whose annual turnover is greater than 10 and does not exceed 50 million euros or whose annual balance sheet does not exceed 43 million euros.

2

1.1.2.a) For SMEs, if you employ less than 50 and up to 10 people and whose annual turnover or annual balance sheet is greater than 2 and does not exceed 10 million of euros.

3

1.1.2.b) For priority associative entities, with 2000 or more cooperative partners base.

1.1.3.a) For SMEs, if you employ less than 10 people and whose volume of annual business or whose annual balance sheet does not exceed 2 million euros.

4

1.1.3.b) In the case of entities priority associative partners, with less than 2000 base cooperative partners

1.2 Female presence assessment (paragraphs are exclusionary)

1.2.1 With female presence in the management table with a percentage higher than 15% and as maximum 25%.

2

1.2.2 With female presence in the management box with a percentage greater than 25%.

3

1.3 Assessment of the presence of young people (paragraphs are exclusionary)

1.3.1 With the presence of young people under the age of 35 in the executive board with a percentage of more than 15% and a maximum of 25%.

2

1.3.2 With the presence of young people under 35 years old in the management box with a percentage greater than 25%.

3

1.4 Scope of performance higher than two Autonomous Communities.

tence title.

This royal decree is issued in accordance with the provisions of Article 149.1.13 of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. economic.

Final disposition fourth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, June 10, 2016.

FEL

3

1.5 That the entity is enrolled in the State Register of Good Practices in Food Hiring.

2

2. Characteristics of the cooperation project (maximum 90 points)

2.1 Assessment of the potential for associative integration and/or industrial dynamisation of the cooperation project (maximum 15 points) (the sections are subheadings)

2.1.1 When the potential benefit of the cooperation project exceeds the scope of the participants.

5

2.1.2 When the cooperation project is in the reduction of production costs for the participants.

5

2.1.3 When the cooperation project leads to expectations of higher market shares for participants.

5

2.2 Quality technical and feasibility of the cooperation project, clarity in the definition of objectives and expected results (maximum 10%) points) (paragraphs are submatoriums):

2.2.1 Technical quality and feasibility of the cooperation project.

5

2.2.2 Clarity in the definition of expected goals and results.

5

Contribution to improving energy efficiency, energy saving and conservation of energy environment (maximum 40 points) of the cooperation project (paragraphs are exclusionary):

2.3.1 Cooperation project that is oriented towards a reduction of the cost of final energy used less than or equal to 2% and greater than zero in kWh.

5

2.3.2 Cooperation project which is oriented towards a reduction in the cost of final energy employed less than or equal to 3% and greater than 2% in kWh.

2.3.3 Cooperation Project that is oriented towards a reduction in the cost of the final energy employed less than or equal to 4% and greater than 3% in kWh.

20

2.3.4 Cooperation project that is oriented towards a reduction in the cost of the final energy used above the 4% in kWh.

40

2.4 Employment of new technologies (maximum 5 points):

2.4.1 The cooperation project incorporates the use of new technologies information and communication.

5

2.5 Relation to Climate Change Adaptation or Mitigation Initiatives (maximum 10 points) (paragraphs are subheadings):

2.5.1 or the participants in the cooperation project has an environmental certification related to internationally recognized standards.

5

2.5.2 Any of the participants in the cooperation project is an operator that is a host of the organic production regime.

5

2.6 Valuation economic and social impacts (maximum 10 points) (paragraphs are subheadings):

2.6.1 Project of cooperation linked to job creation in the participants.

5

2.6.2 Cooperation project linked to creating employment in rural environment with influence respect to participants.

5

ANNEX III

Responsible Statement

Based on what is specified in article 11.2.b) .3. º

The declaration responsible for collaboration in the monitoring and evaluation tasks referred to in Article 11.2.b) .3. shall have the following text:

The undersigned, representative of the applicant group of a grant (Company name/entity XXXX), convened by (name of the Convocation) and regulated in its basic aspects by Royal Decree 254/2016, of 10 of June, declares:

Meeting its obligations under Article 71 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development through the European Agricultural Fund Rural development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 and therefore undertakes to provide data and any non-confidential information necessary for the analysis of the contribution of the activities to be carried out in a subsidised manner to the objectives and priorities of the National Programme Rural Development, if the grant is granted.

That this data and information shall be provided within the maximum period of 15 days, when required by the agencies responsible for the implementation of the National Rural Development Program or the auditors designated by them.

That this input of data and information will be addressed whether it is required in a written form or through a face-to-face or telephone survey.