By Royal Decree 368/2005 of 8 April 2005, which regulates the official control of milk yield for the genetic evaluation of bovine, ovine and caprine species, aid was established to subsidise the costs of milk and milk products. which generate the activities of the official dairy control.

At the moment, it is necessary to adapt that regulation to the new rules of the European Union in the field of aid to the agricultural sector, in particular to Regulation (EU) No 702/2014 of the Commission of 25 June 2014, which certain categories of aid are declared in the agricultural and forestry sectors and in rural areas compatible with the internal market pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union.

The aid for milk control is channelled through the regional dairy control centres, with the last beneficiaries being the farmers, who are the ones who receive the aid in the form of subsidised services. provided by third parties, and never as direct cash payments to producers, as provided for in Article 27.2 of Commission Regulation (EU) No 702/2014 of 25 June 2014.

finally, as you would like to see, for budgetary reasons, the allocation of appropriations for the aid provided for in Royal Decree 233/2002 of 1 March 2002, which regulates the recognition of groups, is not to be carried out for budgetary reasons. Articles 5, 6, 7 and 8 of this Regulation should be repealed

regard to producers of live plants and floricultural products and measures to support their establishment and operation.

In the elaboration of this royal decree, the autonomous communities and the most representative entities of the affected sectors have been consulted.

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, according to the State Council, and after deliberation of the Council of Ministers at its meeting on May 29, 2015,

DISPONGO:

Single item. Amendment of Royal Decree 368/2005 of 8 April 2005 regulating the official control of milk yield for genetic evaluation in bovine, ovine and caprine species.

Article 19 of Royal Decree 368/2005 of 8 April 2005 regulating the official control of milk yield for genetic evaluation in bovine, ovine and caprine species is hereby amended as follows:

One. Paragraph 1 is replaced by the following:

" 1. The General Administration of the State, through its budgets, may subsidise the costs incurred by the activities of the official dairy control, under the budgetary implementation for each financial year to be determined in the budget. State generals.

This aid is in line with the provisions of Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union No 193, 1 July 2014, pages 1 to 75.

The aid will be granted in favour of the regional dairy control centres. The aid shall be granted only for activities carried out on the basis of the submission of the application to the competent authority. In any case, the eligible costs shall be supported by clear, specific and up-to-date documentary evidence. Value added tax (VAT) shall not be eligible, except where it is not recoverable for the beneficiary. "

Two. Paragraph 4 is replaced by the following:

" 4. The territorial distribution of the appropriations entered for the purpose in the General Budget of the State in charge of the Ministry of Agriculture, Food and Environment shall be carried out in accordance with the provisions of Article 86 of Law 47/2003, of 26 November, General Budget. For each financial year, it shall be established, in accordance with the available budgetary resources and taking into account, where appropriate, the remaining amounts referred to in Article 6 (2) of that Article, the maximum amount corresponding to each autonomous community. "

Three. Paragraph 7 is replaced by the following:

" 7. The autonomous communities, within the scope of their powers, may supplement the aid from the General Administration of the State, provided that the limits laid down in Article 27.1 (b) of Regulation (EU) No 702/2014 are not exceeded. Commission of the European Parliament of 25 June 2014. Such aid shall not be cumulated with any de minimis aid corresponding to the same eligible costs if such cumulation results in an aid intensity or amount exceeding that limit.

In any case, the holders of the livestock holdings in which the milk check is carried out must comply with the requirements laid down in Articles 13.2 and 13.3 of Law 38/2003 of 17 November 2001. Grants, as well as the following:

(a) Having the status of SMEs in accordance with Annex 1 to Regulation (EU) No 702/2014 of the Commission of 25 June 2014.

(b) Not to be regarded as a firm in difficulty, as defined in the Guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (Communication 2014 /C 249/01, Commission of the European Parliament of 31 December 2014). of July 2014).

(c) Not to be the beneficiaries subject to a pending recovery order following a previous Commission decision that has declared unlawful and incompatible aid with the internal market.

(d) Meet the other requirements set out in Commission Regulation (EU) No 702/2014 of 25 June 2014. '

Four. A new paragraph 10 is added with the following content:

" 10. The granting of the aid covered by this royal decree is conditional upon receipt of the acknowledgement of receipt by the European Commission, of the receipt of the information referred to in Article 9.1 of Regulation (EU) No 702/2014, of the Commission, of 25 June 2014. '

Single additional disposition. Containment of the expense.

The measures provided for in this royal decree will be dealt with with the existing budgetary resources available for each financial year, and will not be able to increase appropriations, remuneration or other personnel costs.

Single transient arrangement. Application.

The provisions of this royal decree shall apply from 31 December 2014, except for the final provision first.

Final disposition first. Amendment of Royal Decree 233/2002 of 1 March 2002 regulating the recognition of producer groups of live plants and floricultural products and establishing measures to support their formation and operation.

Articles 5, 6, 7 and 8 of Royal Decree 233/2002 of 1 March 2002 regulating the recognition of producer groups of live plants and floricultural products and laying down measures to be repealed are hereby repealed. support for its constitution and operation. Such a derogation shall not affect the grants already granted and which are still being implemented, until their completion.

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", with the exception of the first provision, which shall enter into force on 1 January 2016. It shall be forfeited on the date on which Regulation (EU) No 702/2014 of the Commission of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas is no longer applicable. compatible with the internal market pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union.

Given in Madrid, 29 May 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA