Real Decree 849/2015, 28 September, Establishing The Regulations For The Direct Award Of 'de Minimis' Aid Intended To Compensate For The Economic Difficulties In The Dairy Sector.

Original Language Title: Real Decreto 849/2015, de 28 de septiembre, por el que se establecen las normas reguladoras para la concesión directa de ayudas "de minimis" destinadas a compensar las dificultades económicas en el sector lácteo.

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10396

The critical situation facing the dairy sector currently makes it essential to implement direct support lines, among which there is the possibility of granting aid «de minimis» to the producers in the sector with economic difficulties.

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

However, the productive diversity of our country, is not suitable to grant universal aid for all producers in active, but focus the budgetary effort on those producers who are currently affected by a lower profitability by its own idiosyncrasies and higher financial burdens to bear.

Determine producers objective of aid will be used for the data of profitability more updated bulletins analysis of benefits and costs of production which made the Ministry of agriculture, food and environment (available in (http://www.magrama.gob.es/es/ganaderia/temas/produccion-y-mercados-ganaderos/sectores-ganaderos/red-de-granjas-tipicas/vacuno-lechero/) relating to the three typical farms of cow's milk from the national network of typical farms (RENGRATI).)

Given the urgency of the measures taken to confront the situation described and the principle of administrative simplification and reduction of burdens, the Administration granted ex officio these AIDS, which consist of a one-time payment that will be awarded per eligible animal to producers of cow's milk when they fulfil the requirements laid down in the present Royal Decree.

Thus, to ensure the full realization of the measures within the basic management of the dairy sector, and to ensure the same opportunities of obtaining and enjoy by its potential recipients throughout the national territory, as well as to provide accurate data so that it exceeds the maximum amount of aid de minimis in the agricultural sector provides centralized management of the funds allocated to the grants referred to in this Decree.

It envisages direct aid, given that, in accordance with article 22.2. c) law 38/2003 of 17 November, General grant, are social, and economic interest for the reasons already exposed.

Depending on budget availability, the management and granting of these subsidies will correspond to the General Administration of the State, pursuant to article 149.1.13. ª of the Spanish Constitution. In accordance with the doctrine of the Constitutional Court, the centralized management is emerging as the most appropriate means to ensure identical chances of obtaining and enjoy by its potential recipients in all the national territory, by establishing uniform criteria for access to subsidies, being at the same time a means necessary to avoid that the global amount of such aid exceeded budgetary availability for the sector According to the regulations of the European Union, and all of this in conjunction with the special circumstances that surround this standard and which make it necessary to its adoption and management of the more agile way.

This aid is granted on the basis of «de minimis» aid in the agricultural sector, in accordance with the Regulation (EU) No. 1408 / 2013, of the Commission of 18 December 2013, concerning the application of articles 107 and 108 of the Treaty on the functioning of the European Union «de minimis» aid in the agricultural sector.

In his virtue, a proposal from the Minister of agriculture, food and environment, following a report of the Minister of finance and public administration, and prior deliberation of the Council of Ministers at its meeting of September 25, 2015, have: article 1. Object and purpose.

1. this Royal Decree is to establish regulatory standards for the direct award of State subsidies to alleviate the economic difficulties faced by some dairy producers, within the scope of Regulation (EU) No. 1408 / 2013, of the Commission of 18 December 2013, concerning the application of articles 107 and 108 of the Treaty on the functioning of the European Union «de minimis» aid in the agricultural sector.

2. the purpose of the aid is to enable the conditions which enable the maintenance of productive activity for farmers beneficiaries.

Article 2. Requirements of the beneficiaries.

1 will be beneficiaries of such aid producers of cow's milk, which present no express waiver, provided that: a) are holders of farms where will be placed the eligible animals, which must be registered in the general register of livestock operations (REGA) with the type of exploitation 'Production and reproduction'. At the level of subexplotacion must be classified as farms of cattle with a zootechnical classification of «reproduction for production of milk» or «playback for mixed production».

Without limiting the foregoing, for the purposes of determining the eligibility of animals pursuant to article 4, the animals located in temporary movements to pastures, fairs and markets, provided that they had been suitably notified to the Integral system of traceability Animal (SITRAN) shall be taken into account.

(b) they have made milk deliveries to buyers during the months of April, may, June and July 2015.

(c) not reached during those four months some certain profitability thresholds that are calculated in accordance with article 3.

2. beneficiaries must be aware of tax obligations and Social Security, and they must not have pending any obligation to refund public subsidies.

Article 3. Threshold of profitability.

1. the threshold of profitability will be fixed through the determination of an amount corresponding with the point of balance to the cash or the benefit according to trading account, as appropriate in each case.

2. the first threshold is calculated as the amount required to achieve an effective benefit, without taking into account the non-effective costs and opportunity costs, according to the latest data available in the bulletins from analysis of benefits and costs of production which produces the MAGRAMA (http://www.magrama.gob.es/es/ganaderia/temas/produccion-y-mercados-ganaderos/sectores-ganaderos/red-de-granjas-tipicas/vacuno-lechero/) relating to the three typical farms beef of the national network of typical farms (RENGRATI) milk.

3. the second threshold is calculated as the amount required to reach a profit according to trading account, i.e. the effective benefit less non-effective costs (costs of depreciation, +/-changes in inventory of animals and +/-gains or capital losses) and without taking into account opportunity costs, according to the latest data available, also in the bulletins of analysis of benefits and costs of production which produces the MAGRAMA (http://www.magrama.gob.es/es/ganaderia/temas/produccion-y-mercados-ganaderos/sectores-ganaderos/red-de-granjas-tipicas/vacuno-lechero/) relating to the three typical farms beef of the national network of typical farms (RENGRATI) milk.

4. applicable to aid profitability thresholds shall be published on the website of the Ministry of agriculture, food and environment.

Article 4. Eligible animals.

1. the aid will consist of a single payment, and shall be granted per eligible animal.

2 will be eligible animals of bovine milk fitness females belonging to any of the breeds listed in annex XIII of the Royal Decree 1075 / 2014, of 19 December, on the implementation from 2015 of the direct payments to agriculture and livestock and other aid schemes, as well as on the management and control of direct payments and rural development payments , or those races determined by the competent authority as of fitness eminently dairy, age equal or greater than 24 months the day following the entry into force of this Royal Decree and are registered in the General Register of Individual identification of animals (RIIA), as established in the Royal Decree 728/2007 , 13 June, at that date.

3. to determine the eligible animals, the competent authority will make a check of the animals present in the perceptual exploitation on the day following the entry into force of this Royal Decree, through the register.

Article 5. Amount of aid.

1. establishes a unique amount of 300 euros per eligible animal to those farms that are below the threshold laid down in article 3, paragraph 2, and 110 euros for those farms that are below the threshold laid down in article 3, paragraph 3.

2. the maximum aid per holding shall be EUR 10,000.

3. when the overall amount of aid granted exceed the available credit on the budgets of the Ministry of agriculture, food and environment, the competent authority for the grant of the subsidy shall be the apportionment among the beneficiaries of the maximum overall amount earmarked for subsidies.
Article 6. Instruction, resolution and payment of the aid.

1 the statement of the procedure will be done by DG productions and agricultural markets, which, subject to verification of the requirements laid down in article 2, will formulate a proposal for a provisional resolution, which will be published on the website of the Ministry of agriculture, food and environment, granting to beneficiaries within ten days for: to) appeals.

(b) register your bank details, a link on the web-enabled to the effect, for payment at the time.

(c) submit a responsible declaration that do record if they have seen any other aid «de minimis» in agriculture within this fiscal year and the previous two, as well as having received the amount.

(d) submit a permission expresses the Ministry of agriculture, food and environment, so that directly seek the documentation relating to the compliance with tax obligations and Social Security, or, failing that, provide the relevant certificates.

Within this period without allegations, means accepted the proposal.

2. the instructor body rise final resolution that proceed to the President of the Spanish Fund of guarantee agrarian of the Ministry of agriculture, food and environment, which shall decide on the granting of aid.

The period to resolve and publish the resolution shall be three months from the entry into force of this Royal Decree.

Resolution of award will be published in the «Official Gazette», and against it, that it will not end the administrative channels, will fit appeal of appeal to the Minister of agriculture, food and the environment, within a maximum period of one month after its publication.

3. the payment of the aid will be held by the FEGA, within a maximum period of one month from the publication in the «Official Gazette» of the resolution of granting of the aid, the current account recorded by the producer.

Article 7. Acceptance and resignation.

1. the perceiver, failing his resignation to the resolution of granting of aid, within the period of ten days following the publication in the "Official Gazette" of the same, the aid shall be accepted.

2 producer wishing to renounce this aid will do it by writing to the President of the Spanish fund agricultural guarantee, which will be presented in the General registry of the Ministry of agriculture, food and environment, or through any of the places set out in article 38.4 of law 30/1992, of 26 November. The resignation may also be made by electronic means pursuant to law 11/2007, of 22 June, electronic access of citizens to public services.

Article 8. Compatibility.

In the event that a producer of cow's milk received by any other aid «de minimis» according to Regulation (EU) No. 1408 / 2013, of the Commission of 18 December 2013, which, together with the amount which might be entitled to by virtue of article 5, would exceed the amount of 15,000 euros in any period within this fiscal year and the previous two the amount of the aid provided for in this Royal Decree shall be reduced proportionately to not exceed the said limit of 15,000 euros.

Article 9. Amount and financing.

1. the maximum grant amount is EUR 20,000,000.

2. the financing of the aid regulated by the present Royal Decree will be made with appropriations from the budget of the Ministry of agriculture, food and environment, whose effects will be budget changes resulting from, in accordance with the provisions in the Law 47/2003, of 26 November, General budget.

Article 10. Monitoring, control and reinstatement of aid.

1. tracking and monitoring of aid will be governed by provisions to this effect in the law 38/2003 of 17 November, General subsidies.

2 proceed to the reinstatement of perceived quantities and the demand of the interest on arrears corresponding from the moment of the payment of the grant to date the origin you remember of the reinstatement, in the course of producing any of the cases set out in article 37 of law 38/2003 of 17 November.

First final provision. Applicable regulations.

In all matters not provided for in this Decree, shall apply as provided by the law 38/2003, 17 November, and in its rules of procedure, approved by Royal Decree 887/2006, of July 21, and in the Regulation (EU) No. 1408 / 2013, of the Commission of 18 December 2013.

Second final provision. Skill-related title.

This Royal Decree is issued under cover of the exclusive competence in matters of bases and coordination of the general planning of economic activity, which corresponds to the State in accordance with article 149.1.13. ª of the Spanish Constitution.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on September 28, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA