Royal Decree 637/2015, 10 July, Which Applies In Spain The Implementing Regulation (Eu) No. 2015/517, From The Commission Of 26 March 2015, Amending Regulation (Ec) No. 595/2004, Whereby The Provisions Of Ap...

Original Language Title: Real Decreto 637/2015, de 10 de julio, por el que se aplica en España el Reglamento de ejecución (UE) n.º 2015/517, de la Comisión, de 26 de marzo de 2015, que modifica el Reglamento (CE) n.º 595/2004, por el que se establecen disposiciones de ap...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7775

By execution of Regulation (EU) No. 2015/517 of the Commission, of 26 March 2015, which amends Regulation (EC) No. 595/2004, which lays down rules for the application of Regulation (EC) No. 1788 / 2003 Council, which establishes a rate in the milk and milk products sector, whose provisions were incorporated to Regulation (EC) 1234 / 2007 Council October 22, 2007, establishes the possibility for the Member States, and in order to reduce the financial burden for producers who must pay a fee for surplus in relation to the period of rate milk 2014/15, decided to collect the amount due according to a staggered payment scheme.

The critical situation facing the dairy sector is essential to make use of the aforementioned possibility, which will allow farmers with financial difficulties coping form stepped to the payment of the fee without interest.

The financial benefit of this staggering constitutes, as provided in the implementing Regulation (EU) No. 2015/517 of the Commission of 26 March 2015, aid de minimis in the agricultural sector, which is granted 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 to de minimis aid in the agricultural sector resulting from applying to the amount that is staggered in 2016 and 2017, exercises the type of base in place as of 1 October 2015 more one percentage point, according to the communication from the Commission concerning the method of fastening of types of reference and update (2008/C 14/02).

Autonomous communities and the representative of the sectors concerned institutions been consulted in the elaboration of this Royal Decree. In addition, it has issued report the Ministry of finance and public administration.

In his virtue, a proposal from the Minister of agriculture, food and environment, according to the Council of State and after deliberation by the Council of Ministers at its meeting of July 10, 2015, HAVE: article 1. Object.

This Royal Decree has by object apply in Spain the regulation of execution (EU) No. 2015 / 517 of the Commission, of 26 of March of 2015, that modifies the Regulation (CE) No. 595 / 2004, by which is established provisions of application of the Regulation (CE) No. 1788 / 2003 of the Council, by which is sets a rate in the sector of it milk and of them products dairy.

Article 2. Staggered payment.

(He payment of the amount in concept of rate dairy, from them buyers and livestock of sale direct that have overwhelmed his fee in the period of rate dairy 2014 / 2015, is shall be of the following way: to) he first payment, by amount of at least one third of the total, will expire to more take the 30 of September of 2015.

(b) the second payment, amounting to at least one third of the total, will expire over the latest September 30, 2016.

(c) the third and final payment, amounting to the remaining amount, shall overcome the latest 30 September 2017.

Article 3. Requirements and obligations.

1 means that all buyer or farmer's direct selling which not indicated its intent against the background Spanish of agrarian guarantee of the Ministry of agriculture, food and environment, before September 1, 2015, or that do not pay only once, before the 30 September 2015, the total amount of rate in the milk and milk products sector welcomes the staggered payment.

2. in the case of payment stepped, them buyers must affect to them producers the amounts entered in identical percentages to those in that have made them income in accordance with the article 2, except agreement express between them parts.

3. in the case of the farmer, in accordance with the provisions of article 4 paragraph 3, to renounce the application of staggered payment, you must pay all of the outstanding amount to the buyer for his entry into the Spanish Fund for agricultural guarantee before the dates laid down in article 2.

Article 4. Minimis aid.

1. the financial benefit will be considered as State aid for the purposes specified in 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 to aid de minimis in the agricultural sector, by the amount corresponding to the outstanding amount from October 1, 2015 , the type of base in force to 1 of October of 2015 more a point percentage, in accordance with the communication of the Commission relative to the method of fixing of those types of reference and update (2008 / C 14 / 02).

2. where a farmer has received for any reason aid de minimis in accordance with the Regulation (EU) No. 1408 / 2013 the Commission, the amount of which reaches 15,000 euros at any time within three consecutive fiscal years, may not qualify for staggered payment.

To these effects, them buyers must collect of them producers a statement responsible with regard to if is found or not in such situation for the purposes of power or not welcome is to the payment stepped and, in case of power welcome is to the same, of the amount corresponding to pay in each exercise.

3. Notwithstanding the provisions in this article, and in paragraph 1 of article 3, the producers may resign at any time to this possibility of payment step, communicating to the Spanish Fund for agricultural guarantee of the Ministry of agriculture, food and environment, before, respectively, on September 15, 2015, of September 15, 2016, or September 15, 2017. In this case, by the Spanish Fund of agricultural guarantee from the Ministry of agriculture, food and environment shall be to demand payment of the amount remaining unpaid in the proportion corresponding to these producers, to be performed by these later than 30 September of the year is relevant to the waiver to the purchaser.

Also, farmers in direct selling may waive at any time this possibility of staggered payment, communicating to the Spanish Fund for agricultural guarantee of the Ministry of agriculture, food and environment, before, respectively, on September 15, 2015, of September 15, 2016, or September 15, 2017. In that case, must pay is the amount that subtract by such livestock of sale direct, to more take the 30 of September of the year in that is appropriate to the resignation.

Article 5. Non-compliance.

Breach of this Royal Decree, and without prejudice to the applicable sanctioning regime, forfeited to the phased payment of the fee, and interest on late payments should be the immediate payment of the outstanding amounts more.

First additional provision. Cost containment.

The measures included in this standard may not assume increased allowance or remuneration of other staff costs.

Provision additional second. Applicable regulations.

In all matters not provided for expressly in this Royal Decree, shall be applied as established in the Royal Decree 754/2005, of 24 June, which regulates the regime of milk rate.

Available end first. Skill-related title.

This Royal Decree is dictates to the amparo of it willing in the article 149.1.13. ª of the Constitution Spanish, that book to the State it competition in matter of bases and coordination of it planning general of it activity economic.

Second final provision. Entry in force.

He present Royal Decree will enter in force the day following to the of your publication in the «Bulletin official of the State.»

Given in Madrid on July 10, 2015.

PHILIP R.

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