The critical situation in the dairy sector today makes it essential to implement direct support lines, including the possibility of granting de minimis aid to producers in the dairy sector. economic difficulties.

The recent elimination of the system of the milk quota system after 30 years has coincided with a very unfavourable situation in the European milk market, aggravated by the closure of the Russian market and the decline of the imports from third countries, together with production levels above previous years and a reduction in consumption on the domestic market.

However, given the productive diversity of our country, it is not appropriate to grant universal aid for all active producers, but to focus the budgetary effort on those producers who are themselves Idiosyncrasies are currently affected by lower profitability and supporting higher financial burdens.

To determine the target producers of the aid, the most up-to-date profitability data in the profit analysis and production costs Bolletins produced by the Ministry of Agriculture will be used, Food and the Environment (available at http://www.magrama.gob.es/es/ganaderia/temas/produccion-and-markets-ganaders/sectors-ganaders/network-of-farms-tips/bovet/mile/) for the three typical milk-based milk farms in the Network National of Typical Farms (RENGRATI).

Given the urgency of taking measures to address the situation described and the principle of administrative simplification and reduction of charges, the administration will grant these aid, which will consist of a single payment, which will be (a) provide eligible animal for milk producers when they meet the requirements laid down in this Royal Decree.

Thus, to ensure the full effectiveness of the measures within the basic management of the dairy sector, and to ensure the same possibilities of obtaining and enjoyment by their potential recipients throughout the national territory, as well as to have the precise data to prevent the maximum amount of de minimis aid in the agricultural sector from being exceeded, the centralised management of the funds allocated to the grants provided for under this Regulation is envisaged. in this royal decree.

The direct grant of these aids is foreseen, since, according to Article 22.2.c) of Law 38/2003, of 17 November, General of Grants, there are reasons of social and economic interest, for the reasons already exposed.

Depending on the available budgetary resources, the management and granting of the present aid shall be the responsibility of the General Administration of the State, pursuant to the provisions of Article 149.1.13. Spanish. In accordance with the Constitutional Court's doctrine, centralised management is shaping as the most appropriate means to ensure the same possibilities of obtaining and enjoyment by its potential recipients throughout the territory. (a) national, by establishing uniform criteria for access to aid, while at the same time being a necessary means of preventing the overall amount of such aid from exceeding the budgetary resources allocated to the sector, in accordance with the rules of the European Union, and all in conjunction with the special Circumstances surrounding this rule and making it necessary to adopt and manage as agile as possible.

This aid is granted under the "de minimis" aid in the agricultural sector, in accordance with Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the EC Treaty. Treaty on the Functioning of the European Union to de minimis aid in the agricultural sector.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment, prior to the report of the Minister of Finance and Public Administrations, and after deliberation of the Council of Ministers at its meeting of the 25th of September 2015,

DISPONGO:

Article 1. Object and purpose.

1. This royal decree aims to establish the regulatory rules for the direct grant of State subsidies to alleviate the economic difficulties encountered by certain dairy farmers under Regulation (EU) No 1408/2013, by the Commission 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 in the agricultural sector.

2. The purpose of the aid is to enable the conditions for the maintenance of the productive activity for the beneficiary farmers to be maintained.

Article 2. Payee requirements.

1. Producers of milk, who do not submit an express waiver, shall be eligible for such aid provided that:

(a) Be holders of the holdings where the eligible animals will be located, which must be registered in the general register of livestock holdings (REGA) with the type of exploitation "Production and reproduction". At the sub-farm level they shall be classified as bovine holdings with a zootechnical classification of 'reproduction for milk production' or 'reproduction for mixed production'.

Without prejudice to the foregoing, for the purposes of determining the eligibility of animals as provided for in Article 4, animals located in temporary movements to pasture, trade fairs and markets shall be taken into account. provided that they have been properly notified to the Comprehensive Animal Traceability System (STRAN).

b) Hayan made milk deliveries to buyers during the months of April, May, June and July 2015.

(c) During those four months, some of the determined profitability thresholds to be calculated in accordance with Article 3 have not been reached.

2. Beneficiaries should be kept abreast of the tax and social security obligations, and should not have to have any obligation to reinstate in the field of public subsidies.

Article 3. Profitability thresholds.

1. The profitability thresholds shall be set by the determination of an amount corresponding to the balance point for the beneficial profit or profit on the basis of the holding account, as appropriate in each case.

2. The first threshold is calculated as the amount necessary to achieve an effective profit, without taking into account the non-effective costs and the opportunity costs, according to the latest data available in the Benefits and Cost Analysis Bulletins (http://www.magrama.gob.es/es/ganaderia/temas/produccion-and-markets-ganaders/sectors-ganaders/network-of-farms-tipps/bovet/lechero/) relating to the three typical dairy farms of the National Network of Typical Farms (RENGRATI).

3. The second threshold is calculated as the amount necessary to achieve a profit on the basis of the operating account, i.e. the actual benefit minus the non-effective costs (depreciation costs, +/-changes in animal inventory and +/-earnings) and/or capital losses) and without taking into account the cost of the opportunity, according to the latest available data, also in the profit analysis and production costs reports prepared by the MAGRAMA (http://www.magrama.gob.es/es/ganaderia/temas/produccion-and-markets-ganaders/sectors-ganaders/network-of-farms-tips/bovet/milkero/) relating to the three typical dairy farms of the National Network of Typical Farms (RENGRATI).

4. The profitability thresholds applicable to this aid will be published on the website of the Ministry of Agriculture, Food and the Environment.

Article 4. Eligible animals.

1. The aid shall consist of a single payment and shall be granted per eligible animal.

2. Female animals of the bovine species of milk fitness belonging to one of the breeds listed in Annex XIII to Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments shall be eligible animals. agriculture and livestock farming and other aid schemes, as well as on the management and control of direct payments and payments to rural development, or those races which the competent authority in the field determines as being eminently dairy, age equal to or greater than 24 months on the day following the entry into effect of this real decree and which are registered in the General Register of Individual Identification of Animals (RIIA), as set out in Royal Decree 728/2007 of 13 June, on that date.

3. In order to determine the eligible animals, the competent authority shall make a check of the animals present on the receiving holding on the day following the entry into force of this royal decree, through the register.

Article 5. Amount of the help.

1.A single amount of EUR 300 per eligible animal is established for holdings falling below the threshold provided for in Article 3 (2) and EUR 110 for holdings which are eligible for find below the threshold referred to in Article 3 (3

.

2. The maximum operating aid shall be EUR 10,000.

3. Where the overall amount of aid to be granted exceeds the available credit from the budgets of the Ministry of Agriculture, Food and the Environment, the competent authority for the grant of the subsidy shall be pro rata among the beneficiaries of the maximum overall amount for grants.

Article 6. Instruction, resolution, and payment of the aid.

1. The instruction in the procedure shall be carried out by the Directorate-General for Agricultural Productions and Markets, which, after verifying the requirements laid down in Article 2, shall make a proposal for a provisional resolution, which shall be published in the website of the Ministry of Agriculture, Food and Environment, granting the beneficiaries a period of ten days for:

a) Submit allegations.

b) Register your bank details, in a web link enabled for this purpose, to make the payment at the time.

(c) Submit a responsible declaration stating whether they have received any other "de minimis" aid in the agricultural sector within this fiscal year and in the previous two, as well as, if any, their amount.

d) Submit an express authorization to the Ministry of Agriculture, Food and the Environment, so that it can directly collect the documentation relating to compliance with the tax and social security obligations, or, in its defect, to provide the corresponding certificates.

Expiry of that period without allegations, the proposal shall be deemed to have been accepted.

2. The instructor body will raise the proposed final resolution to the President of the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Food and Environment, which will decide on the granting of the aid.

The deadline for resolving and publishing the resolution will be three months from the entry into force of this royal decree.

The grant resolution will be published in the "Official State Gazette", and against it, which will not end the administrative route, will bring an appeal to the Minister of Agriculture, Food and the Environment. Environment, within a maximum of one month from publication.

3. The payment of the aid shall be made by the FEGA, within the maximum period of one month from the publication in the 'Official State Gazette' of the decision granting the aid, in the current account entered by the producer.

Article 7. Acceptance and resignation.

1. Where the recipient does not express his or her waiver of the decision to grant the aid within 10 days of the publication in the "Official State Gazette" of the aid, the aid shall be deemed to have been accepted.

2. The producer wishing to give up this aid will do so by writing to the President of the Spanish Agricultural Guarantee Fund, which will be presented in the General Register of the Ministry of Agriculture, Food and the Environment, or through any of the places set out in Article 38.4 of Law No 30/1992 of 26 November 1992. The waiver may also be submitted by electronic means in application of Law 11/2007, of 22 June, of electronic access of citizens to Public Services.

Article 8. Compatibility.

In the event that a dairy producer has received any other "de minimis" aid in accordance with Commission Regulation (EU) No 1408/2013 of 18 December 2013, which, together with the amount of the aid, has been received The amount of the aid provided for in this royal decree will be reduced in proportion to the amount of EUR 15,000 in any period within this fiscal year and in the two preceding periods. until the limit of EUR 15,000 is exceeded.

Article 9. Amount and funding.

1. The maximum amount to be granted is EUR 20,000,000.

2. The financing of the aid covered by this royal decree will be carried out under the appropriations of the budget of the Ministry of Agriculture, Food and the Environment, for which budgetary changes will be made. result from, in accordance with the provisions of Law 47/2003 of 26 November, General Budget.

Article 10. Monitoring, control and recovery of aid.

1. The monitoring and control of the aid will be governed by the provisions of Law 38/2003 of 17 November, General of Grants.

2. The payment of the sums received and the interest for late payment from the payment of the subsidy up to the date on which the refund is agreed shall be recovered, in the event of any of the cases provided for in Article 37 of Law 38/2003 of 17 November.

Final disposition first. Implementing rules.

In all that is not foreseen in this royal decree, the provisions of Law 38/2003, of 17 November, and in its Rules of Procedure, approved by Royal Decree 887/2006, of July 21, and in Regulation (EU) No 1408/2013, of the Commission, of 18 December 2013.

Final disposition second. Competence title.

This royal decree is dictated by the exclusive competence in terms of bases and coordination of the general planning of economic activity, which corresponds to the State in accordance with Article 149.1.13. Spanish.

Final disposition third. 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 September 28, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA