Key Benefits:
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 take precedence over the rest and will administratively affect cooperation groups 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. Therefore, each of the potential beneficiaries of this aid is required to have an activity which radiating in several autonomous communities, so that the regional powers are not only not affected but the objectives Collaboration between entities is reinforced with this line of state management aids.
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 the operations of cooperation projects for joint approaches with respect to the possible future use of renewable energies, regulated in this royal decree, the Directorate General of Rural Development and Forestry Policy has delegated the management and execution of the same in the General Directorate of the Food Industry and the Spanish Agricultural Guarantee Fund (FEGA) jointly, by means of the corresponding agreement of delegation of date 30 of 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 and the Royal Decree 126/2016 of 1 April 2016 laying down the regulatory basis for the granting of aid to demonstration activities and information actions.
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.
In its elaboration, the mandatory reports of the Delegate Intervention and the State Advocate have been issued, in accordance with the provisions of Article 17 of Law 38/2003 of 26 November.
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 May 13, 2016,
DISPONGO:
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 for joint approaches with respect to environmental projects and environmental practices in progress, aimed at improving energy efficiency through the use of renewable energy. The cooperation shall involve at least two of the following figures, a priority associative entity, a supra-regional SME or other natural or legal person, the participation of a priority associative entity or an SME being essential. supraautonomic.
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.
Article 2. Definitions.
For the purposes of applying this royal decree, the following definitions shall apply:
1. Priority associative entity: that which has been recognized by the Ministry of Agriculture, Food and the Environment, in accordance with the procedure laid down in Royal Decree 550/2014, of 27 June, for which the requirements and the procedure for the recognition of the Priority Associative Entities and for their registration and discharge in the National Register of Priority Associative Entities, provided for in Law 13/2013, of he European Agricultural Fund for Rural Development (EAFRD), according to the model to be set out in the relevant call.
3. The responsible declaration of the applicants for not having received any incompatible aid, as well as the aid, if any, obtained, for the same purpose, from the general government or other entities public or private, according to the model to be established in the relevant call. This declaration shall state whether it has participated in ongoing projects related to energy efficiency.
4. The responsible declaration of the applicants stating the sources and amounts of the requested funding from the public administrations or other public or private entities for the same purpose.
5. ° Statement responsible for applicants regarding 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, shall also 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 responsible for 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, which will contain at least the following information:
1. Title.
2. Objectives.
3. Justification.
4. Brief diagnosis of the starting position of the priority associative entities and/or supra-regional agro-food SMEs participating in aspects of energy consumption.
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 to be used. 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 businesses)
c) Environmental.
(d) Expected impacts on energy efficiency (expressed as a percentage of reduction in the cost of energy used per unit produced).
2. Estimated project development budget, with breakdown based on the planned performances and detail of the spending concepts 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 accurate for the proper assessment of all the selection criteria set out in Annex II.
Article 12. Instruction of the assessment 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 fee 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 will have minimum technical rank or section head. One of them will have the role of secretary.
(c) Secretary: An official appointed by the Director General of the Food Industry, with voice and vote.
4. That committee 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 operation of the commission shall be in accordance with the personal, technical and budgetary means assigned to the body in which it is integrated, as provided for in Article 2.2 of Royal Decree 776/2011 of 3rejudice 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 model to be established in the corresponding call.
2. The responsible declaration of applicants not to be in a crisis situation in accordance with Community legislation or to have no recovery pending any assistance financed by tonal authorities and the European Commission for possible checks.
b) Dispose of a single bank account, for the income of the aid and from which all the movements related to the grant will be made.
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 accordance with the terms of the call, in accordance with the provisions of the Law 11/2007, of 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. Detailed development of the work that has been carried out, including energy audits.
4. Results obtained.
5. Conclusions drawn from the results and degree of achievement of the energy efficiency objectives set out in Article 3.
6. Final Recommendations, including:
1. The final energy saving possibilities for the different processes assessed for each beneficiary and an estimate of the cost of carrying them out.
2. The use of renewable energy from the project 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) Statement responsible for not being incourseable in any of the cases referred to in Article 13.2 and 3 of Law 38/2003 of 17 November, according to the 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) a responsible 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) a responsible statement of the applicant indicating the sources and amounts of the requested funding from public or other public or private authorities for the same purpose.
k) Statement responsible for the applicants for not exceeding the temporary and economic limits of the aid established by this royal decree and state aid de de minimis set out in Article 3 of the Commission Regulation (EU) No 1407/2013 of 18 December 2013.
(l) In addition, 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 be justified.
8. However, additional supporting documentation may be required for the justification of the expenditure incurred.
2. The representative of the beneficiary group shall also comply with the following accounting obligations:
(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 nati A
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 limit of the remuneration fixed for the corresponding professional groups in the Single Collective Agreement for the staff of the General Administration of the General Administration of the Status.
| 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 on the project between 1720 hours.
III. Travel and subsistence costs.
The travel, accommodation and maintenance costs will be subject, where appropriate, to the provisions of group 2 in Royal Decree 462/2002 of 24 May on compensation for the service, as well as on the Resolution of 2 December 2005, by the Secretariat of State for Finance and Budget, which makes the Council of Ministers Agreement of 2 December 2005 public, whereby, in compliance with the provisions of the final provision Fourth Royal Decree 462/2002 of 24 May, the amount of the daily subsistence allowance is reviewed in established national territory in Annex II
.| 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) | |||||
|
appraisal of the characteristics and structure of the | |||||
| 1.1 Employment and Billing Assessment (Paragraphs 1.1.1, 1.1.2 and 1.1.3 and sub-sections are exclusionary. However, the most beneficial situation generated by the participants in the cooperation project will be applied. | 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) In the case of 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 Women's 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 (the sections are exclusionary). | 1.3.1 With the presence of young people under the age of 35 in the executive board with a percentage higher than 15% and at most 25%. |
2 | |||
| 1.3.2 With the presence of young people under the age of 35 in the management box with a percentage greater than 25%. | 3 | ||||
| 1.4 Scope of performance higher ttributes 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, on May 13, 2016. FELIPE R. The Minister of Agriculture, Food and the Environment, ISABEL GARCÍA TEJERIN han two Autonomous Communities. | 3 | ||||
| 1.5 That the entity is enrolled in the State Register of Good Commercial Practices in the Food Contract. | 2 | ||||
| 2. Cooperation project characteristics (maximum 90 points) | |||||
|
2.1 Assessment of the potential for associative integration and/or industrial dynamization of the project cooperation (maximum 15 points) (paragraphs 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 redunts the production cost reduction for the participants. | 5 | ||||
| 2.1.3 When the cooperation project derives from expectations of higher market shares for participants. | 5 | ||||
|
| |||||
| 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 | ||||
| 2.3 Contribution to improving efficiency energy, energy saving, and environmental conservation (maximum 40 points) of the cooperation project (the sections are exclusionary): | |||||
| 2.3.1 Cooperation project that is oriented towards a reduction in the cost of the final energy used less than or equal to 2% and above zero in kWh. | 5 | ||||
|
2.3.2 Cooperation project aimed at reducing the cost of final energy used less than or equal to 3% and greater than 2% in kWh. | 10 | ||||
|
2.3.3 Cooperation project that is oriented to a reduced cost of final energy used less than or equal to 4% and greater than 3% in kWh. | 20 | ||||
|
2.3.4 Cooperation project which is oriented towards a reduction in the cost of the final energy used above 4% in kWh. | 40 | ||||
| Employment of new information and communication technologies (maximum 5 points): | |||||
| 2.4.1 The cooperation project incorporates the use of new information and communication technologies. | 5 | ||||
| 2.5 Relationship with climate change adaptation or mitigation initiatives (maximum 10 points) (paragraphs are submatoriums): | |||||
| 2.5.1 Any of the participants in the cooperation project has a related environmental certification with internationally recognized standards. | 5 | ||||
| 2.5.2 Any of the participants in the cooperation project is an operator with the organic production regime. | 5 | ||||
|
2.6 Assessment of economic and social impacts (maximum 10 points) (paragraphs are subheadings): | |||||
|
2.6.1 Cooperation project linked to job creation in participants. | 5 | ||||
|
| 5 | ||||
ANNEX III
Responsible Statement
Based on what is specified in item 11.2.b.3.
The declaration responsible for collaboration in the monitoring and evaluation tasks referred to in Article 11.2.b.3. shall have the following text:
I, 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 197/2016, 13 of May), 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 a 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.
