Royal Decree 419/2015, 29 May, Amending Royal Decree 368/2005, Of 8 April, Which Regulates The Official Control Of The Milk Yield For The Genetic Evaluation In Bovine, Ovine And Caprine Species, And The Real Decr...

Original Language Title: Real Decreto 419/2015, de 29 de mayo, por el que se modifica el Real Decreto 368/2005, de 8 de abril, por el que se regula el control oficial del rendimiento lechero para la evaluación genética en las especies bovina, ovina y caprina, y el Real Decr...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-6940

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

Currently, it is necessary to adapt this regulation to the new norms of the European Union on aid to agriculture, in particular to Regulation (EU) No. 702/2014, of the Commission of 25 June 2014, by which declare certain categories of agricultural and forestry support sectors and in rural areas compatible with the market in application of articles 107 and 108 of the Treaty of Union operation European.

Helps to control dairy is channeled through centers autonomic control dairy, being the final beneficiaries farmers, who are the recipients of the aid in the form of subsidised services provided by third parties, and never as direct cash payments to the producers, in accordance with article 27.2 of Regulation (EU) No. 702/2014 , of the Commission of 25 June 2014.

Finally, whatever that it is not to proceed, for budgetary reasons, the allocation of appropriations for aid provided for in Royal Decree 233/2002 of 1 March, which regulates the recognition of groups of producers of live plants and floricultural products and support measures are established in its Constitution and operation It should be repealed articles 5, 6, 7 and 8 thereof.

In the elaboration of this Royal Decree have been consulted the autonomous communities and the most representative of the sectors concerned institutions.

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of May 29, 2015, HAVE: single article. Modification of the Royal Decree 368/2005, of 8 April, which regulates the official control of the milk yield for the genetic evaluation in bovine, ovine and caprine species.

Article 19 of Royal Decree 368/2005, of 8 April, which regulates the official control of the milk yield for the genetic evaluation in bovine, ovine and caprine species, is to be re-worded as follows: one. Paragraph 1 is replaced by the following: ' 1. the General Administration of the State, through their budgets, can subsidise costs that generate the control activities official dairy, charged to the budgetary implementation to be determined in the General State budget for each financial year.»

These supports is in accordance to it willing in the Regulation (EU) No. 702 / 2014, of the Commission, of 25 of June of 2014, by which is declare certain categories of helps in them sectors agricultural and forest and in areas rural compatible with the market inside in application of them articles 107 and 108 of the treated of operation of the Union European published in the official journal of the European Union no. 193, of 1 July 2014, pages 1 to 75.

Aid shall be granted in favour of autonomic control dairy centres. Supports only will be awarded for activities conducted after the filing of the application to the competent authority. In all case, those costs eligible will be backed up by evidence documentary clear, specific and updated. «Tax on added value (VAT) will not be eligible, except when non-recoverable for the beneficiary.»

Two. Paragraph 4 is replaced by the following: "4. the territorial distribution of the appropriations entered for this purpose in the General State budget in charge of the Ministry of agriculture, food and environment will be held in accordance with the provisions of article 86 of the Law 47/2003, of 26 November, General budget.» «In his virtue, for each exercise is will establish, in accordance with them availability budget and taking in has, in its case, them remnants to is refers the rule sixth of the paragraph 2 of said article, the amount maximum corresponding to each community autonomous.»

3. Paragraph 7 is replaced by the following: of Regulation (EU) No. 702/2014, of the Commission of 25 June 2014. " These aid not is accumulate with any helps of de minimis corresponding to them same costs eligible if such accumulation gives place to an intensity or amount of it helps upper to the cited limit.

In any case, the owners of cattle farms where dairy, carry out the control shall meet the requirements required by articles 13.2 and 13.3 of law 38/2003 of 17 November, General grants, as well as the following: to) have the status of SMES as defined in annex 1 to Regulation (EU) No. 702/2014 , of the Commission of 25 June 2014.

(b) not be regarded as business in crisis, as defined in the guidelines on State aid for rescuing and restructuring of non-financial companies in crisis (communication 2014/C 249/01, Commission of July 31, 2014).

(c) not be them beneficiaries subject to an order of recovery pending after a decision prior of the Commission that has declared a helps illegal and incompatible with the market inside.

«(d) comply with the other requirements laid down in the abovementioned regulation (EU) No. 702/2014, of the Commission of 25 June 2014.»

Four. It adds a new paragraph 10, with the following content: «10.» «The granting of the aid regulated by Royal Decree is conditioned upon receipt of the acknowledgement of receipt from the European Commission, of the receipt of the information referred to in article 9(1) of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.»

Sole additional provision. Cost containment.

The measures provided for in this Royal Decree will be handled with existing in each fiscal year budgetary availability, and may not assume increase allocations, remuneration, or other staff costs.

Sole transitional provision. Application.

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

Available end first. Modification of Royal Decree 233/2002 of 1 March, which regulates the recognition of groups of producers of live plants and floricultural products and support measures are established by their Constitution and operation.

Repealed articles 5, 6, 7 and 8 of the Royal Decree 233/2002, March 1, that regulates the recognition of groups of producers of live plants and floricultural products and support measures are established by their Constitution and operation. Such repeal shall not affect subsidies already granted and they are still underway, until its completion.

Second final provision. Entry in force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette", except for the first final provision, which will come into force January 1, 2016. Will lose its validity in the date in that leave of be applicable the Regulation (EU) No. 702 / 2014 of the the Commission, of 25 of June of 2014, by which is declare certain categories of helps in them sectors agricultural and forest and in areas rural compatible with the market inside in application of them articles 107 and 108 of the treated of operation of the Union European.

Given in Madrid, the 29 de mayo of 2015.

PHILIP R.

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