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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...

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By Commission Implementing Regulation (EU) No 2015/517 of 26 March 2015 amending Regulation (EC) No 595/2004 laying down detailed rules for the application of Regulation (EC) No 1788/2003 Council Regulation (EC) No 2171/2007 laying down a levy in the milk and milk products sector, the provisions of which were incorporated into Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing the possibility for the Member States of the to reduce the financial burden on producers who have to pay a surplus levy in the relationship to the milk levy period 2014/15, to decide to receive the amount due under a tiered payment scheme.

The critical situation in the dairy sector makes it essential to make use of this possibility, which will allow producers with financial difficulties to cope with the payment of the tax without interests.

The financial benefit of this step constitutes, as provided for in Commission Implementing Regulation (EU) No 2015/517 of 26 March 2015, de minimis aid in the agricultural sector, which is granted in accordance with the Commission Regulation (EU) No 1408/2013 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 in the agricultural sector resulting from the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union amount that is scaled in the years 2016 and 2017, the type of base in force at 1 October 2015 plus a point percentage, in accordance with the Commission communication on the method of setting the reference and updating rates (2008/C 14/02).

In the elaboration of this royal decree, the autonomous communities and representative entities of the sectors affected have been consulted. The Ministry of Finance and Public Administrations has also issued a report.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 10, 2015,

DISPONGO:

Article 1. Object.

This royal decree is intended to apply in Spain Commission Implementing Regulation (EU) No 2015/517 of 26 March 2015 amending Regulation (EC) No 595/2004 laying down detailed rules for the application of Council Regulation (EC) No 595/2004. application of Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.

Article 2. Escalated payment.

The payment of the milk levy amount by the buyers and the direct sales farmers who have exceeded their quota in the milk-rate period 2014/2015 shall be carried out as follows:

(a) The first payment, in the amount of at least one third of the total, shall be due by 30 September 2015 at the latest.

(b) The second payment, in the amount of at least one third of the total, shall be due by 30 September 2016 at the latest.

(c) The third and final payment, in the amount of the remaining amount, shall be due by 30 September 2017 at the latest.

Article 3. Requirements and obligations.

1. It shall be understood that any purchaser or direct selling farmer who has not indicated his intention against the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Food and the Environment, before 1 January, shall be deemed to have been paid. September 2015, or that it does not pay at one time, before 30 September 2015, the total amount by concept of the levy in the milk and milk products sector.

2. In the case of phased payment, buyers shall have to pass on to the producers the quantities entered in identical percentages to those in which they have made the income in accordance with Article 2, except for the express agreement between the parties.

3. In the event that the farmer, in accordance with the provisions of Article 4 (3), renounces the application of the phased payment, he must pay the entire amount outstanding to the buyer for his income in the Spanish Guarantee Fund. Agricultural before the dates provided for in Article 2.

Article 4. De minimis aid.

1. The financial benefit shall be considered as State aid for the purposes laid down in Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European European Union to de minimis aid in the agricultural sector, for the amount corresponding to the amount to be applied to the outstanding amount on 1 October 2015, the basic rate in force on 1 October 2015 plus one percentage point, according to the Commission communication on the method of setting the reference and updating rates (2008/C 14/02).

2. Where a farmer has received any de minimis aid in accordance with Commission Regulation (EU) No 1408/2013, the amount of which shall be EUR 15,000 in any period for three consecutive fiscal years, may be eligible for tiered payment.

For these purposes, buyers must obtain from the producers a responsible statement of whether or not they are in such a situation for the purposes of being able or not to benefit from the phased payment and, if they are eligible for the of the corresponding amount to be paid for each financial year.

3. By way of derogation from this Article, and in Article 3 (1), producers may at any time give up this possibility of staggered payment by communicating it to the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Food and Environment, prior to, respectively, 15 September 2015, 15 September 2016, or 15 September 2017. In this case, the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Food and the Environment shall require the purchaser to pay the amount of the amount to be paid in the aliquot part corresponding to those producers, who must be carried out by the latter by 30 September of the year in which the waiver is due.

In addition, the direct sales farmers will be able to give up at any time to this possibility of staggered payment, communicating it to the Spanish Agricultural Guarantee Fund of the Ministry of Agriculture, Food and the Environment, prior to, respectively, 15 September 2015, 15 September 2016, or 15 September 2017. In that case, the amount to be paid by such direct selling farmers shall be paid not later than 30 September of the year in which the waiver is made.

Article 5. Defaults.

In case of non-compliance with the provisions of this royal decree, and without prejudice to the applicable sanctioning regime, the right to the phased payment of the fee shall be forfeited, and the immediate payment of the outstanding amounts shall be made. plus interest on the delay.

Additional disposition first. Containment of the expense.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Additional provision second. Applicable rules.

In everything not expressly provided for in this royal decree, it will be applicable to the Royal Decree 754/2005, of 24 June, for which the regime of the milk levy is regulated.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which reserves the State the competence in terms of bases and coordination of the general planning of the activity economic.

Final disposition second. Entry into force.

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

Given in Madrid, July 10, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA