Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007 provides for the first purchasers to declare monthly before the competent authority the quantity of raw milk delivered to them in the preceding month.

The European Commission must take into account the market signals for decision-making and in order to do so, it needs to have information on the volumes of milk delivered, so it is necessary to adopt a provision for ensure that the first purchasers communicate such information to the Member States on a regular basis and that they inform the Commission thereof.

The system of monthly declarations, linked to the obligation of contracts between the first buyers and the producers in the milk sector in accordance with Royal Decree 1363/2012 of 28 September, for which the regulates the recognition of the organizations of milk producers and interbranch organizations in the dairy sector and establishes their conditions of employment, allows to provide greater transparency to the sector, to have information about the evolution of the market, performing analysis of the sector in short space of time as well as support for the management and control of direct aid to farmers under the common agricultural policy; in order to ensure that all milk produced by farmers is declared, the annual declarations are laid down for cattlemen marketing milk or milk products directly to the consumer (direct sales).

The enforcement of these declarations is already established in the current national legislation for the beef sector. As regards the first buyers of milk and milk products, such an obligation is regulated by Royal Decree 754/2005 of 24 June 2005, which regulates the milk levy scheme. As regards the first purchasers of milk and milk products from sheep and goats, this obligation is laid down in Royal Decree 115/2013 of 15 February on declarations to be made by purchasers and producers of milk and products. Sheep and goat dairy.

The disappearance of milk quotas allows this system of declarations to be regulated in a uniform manner for the entire dairy sector. This joint regulation contributes to the simplification and unification of all declarations in this area.

By this royal decree a unified information system is created in the dairy sector, which will include a register of the first buyers, the information of all the contracts between the first buyers and producers in the dairy sector in accordance with Royal Decree 1363/2012 of 28 September, as well as information on the mandatory declarations of deliveries, regulated in this royal decree.

In order to provide information on all the raw milk marketed in Spain, producers are also obliged to sell directly to the consumer, for direct use of all or part of their production or for the production and sale of milk products on the holding itself, to provide the annual information concerning the quantities produced on their holding.

It is necessary to coordinate the activity of the General Administration of the State and the competent bodies of the Autonomous Communities by means of a provision establishing the minimum data to be contained in the monthly declarations. in order to have a uniform information in the territory of the State.

The unified information system in the dairy sector will be attached to the Ministry of Agriculture, Food and Environment, which will be responsible for its coordinated operation. This, in collaboration with the Autonomous Communities, will establish the technical protocols necessary for the proper functioning of the system.

The first buyer, or the producer in case of direct sale, are responsible for the duly updated maintenance of the data in the contents, and for their accuracy and accuracy.

The Ministry of Agriculture, Food and the Environment will use the information contained in the system for the submission to the European Commission of all the information required by the Community regulations on monitoring the markets of milk.

The competent authorities may establish their IT systems in such a way that buyers can make their declarations in accordance with this royal decree.

The unified information system in the dairy sector will be accessible to all the competent bodies of the Ministry of Agriculture, Food and the Environment, and the Autonomous Communities, as well as to producers and the first buyers, for the information they are responsible for and without prejudice to the rules in force for the protection of personal data.

The system of penalties for compulsory declarations in the milk sector, together with an amendment to the existing one in the field of compulsory procurement, is provided for in the additional seventh provision of the currently in advanced processing, Project of the Law of Denominations of Origin and Protected Geographical Indications of territorial scope supra-autonomic.

In the elaboration of this royal decree, the autonomous communities and representative entities of the sectors affected 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 prior deliberation of the Council of Ministers at its meeting on 24 April 2015,

DISPONGO:

Article 1. Object.

The present royal decree has as its object:

a) Regular the system of mandatory declarations to be made:

i. For the first buyers of raw milk from cow, sheep or goat in the development of the provisions of Article 151 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the organisation common market in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007.

ii. For producers of raw milk and dairy products from cows, sheep and goats in Spain which directly direct the consumer to all or part of their production or to produce dairy products on the holding.

b) Develop the Unified Dairy Information System.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions shall apply:

(a) Raw milk: The milk of cow, sheep or goat which has not been heated to a temperature of more than 40 ° C or subjected to treatment having equivalent effect.

(b) Producer: Any natural or legal person or any group of persons producing and marketing raw cow, sheep or goat milk directly to the first purchaser or making direct sales from their holding to the consumer of milk or milk products from cow, sheep or goat.

c) Weight/volume of milk: For the purposes of determination in volume units of the different milk types, the following weight/volume equivalence shall be used:

1. For cow's milk: 1,030 kilograms = 1 liter.

2. For sheep's milk: 1,036 kilograms = 1 liter.

3. For goat's milk: 1,032 kilograms = 1 liter.

(d) First buyer: Any natural or legal person or group of persons who buys raw milk from cow, sheep and goat producers for:

1. Third to collect, packaging, storage, cooling, or transformation, even if you do so on behalf of a third party, or

2. º sell it to one or more companies that treat or transform milk or other dairy products.

They shall have the consideration of the first purchaser, for the purposes of the mandatory monthly declarations, the livestock cooperatives and the agricultural processing companies which market the milk of their members by mandate, must be registered in accordance with the provisions of Article 4.

Article 3. A unified information system for the dairy sector.

1.The Unified Dairy Information System (INFOLAC) is created that contains:

a) The registration of all the first buyers operating in the dairy sector in Spain.

(b) The information of all contracts between the first buyers and producers in the milk sector in accordance with Royal Decree 1363/2012 of 28 September 2012 on the recognition of organisations of milk producers and interbranch organisations in the dairy sector and their conditions of employment are established, and

c) The information of the mandatory milk declarations in accordance with this royal decree.

2. The unified information system in the dairy sector will be attached to the Ministry of Agriculture, Food and Environment, which will be responsible for its coordinated operation and will be managed in a decentralized manner by the communities. autonomous, in the form provided for in this royal decree.

3. The Ministry of Agriculture, Food and the Environment, in collaboration with the Autonomous Communities, will update the technical protocols necessary for the proper functioning of the computer applications.

Article 4. First buyer registration.

1. All first buyers of cow, sheep and goat milk must be registered in the register of buyers established for this purpose and shall be part of the information system set out in Article 3.

The registration shall be carried out by the competent authority of the autonomous community in which the headquarters of the effective address of the buyer is located.

2. The registration shall be made by reference to the competent authority of the autonomous community of the application for registration in the register before the start of the activity, which shall contain at least the data included in Annex I.

3. The application for registration shall be accompanied by the following documentation:

1. Deed proof of the buyer's tax identification number issued for evidence by the Tax Administration or, in the case of natural persons, the identity document and authorization for verification in the data verification and consultation service of the Ministry of Finance and Public Administrations.

2. Deproof of the tax identification number of the legal or voluntary representative issued for constancy by the tax administration or, in the case of natural persons, the identity and authorization document for verification in the verification and data consultation service of the Ministry of Finance and Public Administrations.

3. Certificate of discharge in the Census Employers, Professionals and Reholders in the headings concerning cattle, sheep or goat farms, dairy industries or marketing of milk or milk products correspond, according to the coding of activity contained in the rates of the Tax of Economic Activities.

4. In the case of the companies included in the scope of the consolidated text of the Law of Capital Companies, approved by Royal Legislative Decree 1/2010, of July 2: Photocopy, or with the character of authentic, of the writing of the constitution and its amendments, and updated certificate of the commercial register of all the seats made to the institution.

5. In the case of cooperatives, a certificate issued by the official register of cooperatives that collects all registered movements and the updated composition of the governing council, or, where appropriate, a certificate issued by the President of the Governing Council, which shall include the updated composition of the Governing Council, as well as original, or copy with the character of the authentic one, of its statutes.

6. In the case of cooperatives to which the exception referred to in Article 12 of Royal Decree 1363/2012 applies, the statutes or agreements of the cooperative in which the mandatory elements are contained must have the contract.

7. In the case of other legal persons, other than the former, a certificate issued by the governing body, or a person who is the governing body, that collects the updated composition of members, partners or components of the entity, and the updated composition of the governing body if it is not a one-off, as well as original, or a copy of the authentic character, its statutes or the entity's founding document.

8. Certificate of being aware of all tax obligations and social security.

4. The competent authority of the autonomous community shall register the applications in which all the information completed with the documentation referred to in the previous paragraph is included.

5. The competent authority shall forward to the purchaser, once registered, the keys for access to the information system established pursuant to Article 3 for the completion of the mandatory monthly declarations of milk deliveries and the registration of the contracts.

6. All the first buyers of cow, sheep and goat milk already registered as such operators by the Ministry of Agriculture, Food and the Environment by 31 March 2015 will be automatically incorporated into the new buyer registration.

First buyers who start their business after 31 March 2015 will have to register in this register of buyers; for this purpose they will apply for registration in accordance with the provisions of paragraphs 2 and 2. 3.

7. Any changes to the data provided for registration in the register shall be communicated to the competent authority within the maximum period of the following 15 days following their amendment.

8. The first buyer already registered to cease the activity will have to urge the registration. It may also be carried out on its own initiative, after notification to the person concerned, for inactivity over a calendar year.

Article 5. Declaration of contracts.

1. All contracts concluded between first buyers and producers must be registered in the computerised system provided for in Article 3, under the conditions laid down and within the time limit laid down in Article 16 of the Royal Decree. 1363/2012, of September 28, and always before the delivery of the milk object of the contract.

2. The computer system shall automatically assign, once the contract has been recorded or the cooperative or associative agreement, an identification code of the same.

Article 6. Mandatory declarations of deliveries and direct sales of milk.

1. In the first 20 days of the month, all the first buyers of raw milk from cows, sheep and goats must submit the declaration, by means of the computerised procedures laid down for this purpose, where all the quantities of raw milk are accounted for. raw milk supplied by the producers in the month immediately preceding, even if no deliveries have been made in which case, the amount reflected shall be '0'.

2. That declaration shall contain at least the information set out in Annexes II, III and IV.

3. For the purposes of the completion of the said Annexes, the equivalent weight/volume of milk laid down in Article 2 of this royal decree shall be used.

4. All deliveries of milk must be linked to a contract, registered in accordance with Article 5 of this royal decree, and must include in the declaration the identification code of the contract to which it is made reference in Article 5.5.

5. Producers who direct to the consumer all or part of their production or produce dairy products from cows, sheep or goats on the holding (direct sale) are obliged to incorporate in the first 20 days of January of the year. the following year, an annual declaration for each of the species, where appropriate, by means of the computerised procedures established for the purpose or by any of the means provided for in Article 38.4 of Law No 30/1992 of 26 November 1992 Legal framework for public administrations and the common administrative procedure, or by means of procedures to be laid down by the competent authority for the purposes of accounting for the quantities of milk produced on the holding in the calendar year immediately preceding the date of direct sale. That declaration shall contain at least the information set out in Annex V.

6. The competent bodies of the autonomous communities shall make available to the Ministry of Agriculture, Food and the Environment, through the established IT application, the information contained in the declarations to which they relate. the preceding paragraphs with the content and format available for this purpose.

7. The first buyers and producers shall keep all supporting documents for deliveries for a calendar year for at least two years from the end of the year to which they correspond. This documentation shall be made available to the competent authority and shall be sent to the competent authority when requested in order to verify the accuracy of the information contained in the system.

8. The Spanish Agricultural Guarantee Fund shall communicate to the European Commission the monthly supply data for cow's milk before the 25th of the month following that in which they are referred.

Article 7. Control plan.

1. The Ministry of Agriculture, Food and the Environment will coordinate with the autonomous communities, through the appropriate coordinating body, the elaboration of a control plan, from which all the first buyers of the raw milk from cow, sheep or goat and producers.

The competent authorities of the autonomous communities shall carry out official controls on producers and first buyers, whose holdings, or headquarters of the effective management, respectively, are located in their territory. territory.

2. The competent bodies of the autonomous communities shall forward information on the results of the official controls carried out to the Ministry of Agriculture, Food and Environment by the system established for this purpose.

Article 8. Sanctioning regime.

1. The violations against the provisions of this royal decree will be sanctioned in accordance with the law that regulates the system of penalties in the field of compulsory declarations and contracts in the milk and milk sector. dairy products, without prejudice to any civil, criminal or other order that may be held.

2. The competent authority shall be as provided for in Article 26 (1) and (2) of Law 12/2013 of 2 August of measures to improve the functioning of the food chain; and in the field of compulsory declarations, it shall be the competent authority. the effect of the autonomous community in which the application referred to in Article 4 was submitted.

Single additional disposition. Containment of the expense.

The measures included in this royal decree will be met with the existing budget allocations, and will not be able to increase the amount of appropriations or salaries or other personnel costs.

First transient disposition. Milk levy.

Notwithstanding the provisions of the Single Derogation Provision, the Royal Decree 754/2005 of 24 June, which regulates the milk levy scheme, will be applicable in so far as it does not object to the present royal decree until the the completion of the management, control, settlement, payment and collection actions for the 2014-2015 milk-rate period.

Second transient disposition. Mandatory milk declarations.

1. Notwithstanding the provisions of the Single Derogation Provision, as soon as the Unified Dairy Information System provided for in Article 3 is not operational, the system of communication of the milk and milk products shall apply. declarations of deliveries for bovine, ovine and caprine animals in the relevant rules.

It will be communicated to those interested in the operation of the aforementioned database, through the publication of an announcement on the website of the Ministry of Agriculture, Food and Environment in the livestock sector.

2. The first buyers of ewe and goat milk which have made declarations for all or part of the years 2013 and 2014 shall provide the competent authority with the documentation set out for that purpose in Article 4 of this Royal decree, within six months of the entry into force of the decree.

Single repeal provision. Regulatory repeal.

The following rules are repealed:

(a) Royal Decree 115/2013 of 15 February on declarations to be made by buyers and producers of milk and milk products from sheep and goats.

(b) Royal Decree 754/2005 of 24 June 2005 on the rule of the milk levy scheme.

Final disposition first. Competence title.

This royal decree is issued under the terms of Article 149.1.13 of the Constitution, which attributes to the state exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition second. Ability to modify.

The head of the Ministry of Agriculture, Food and the Environment is authorized to dictate how many provisions are necessary to modify the annexes and dates contained in this royal decree in order to Compliance with European Union legislation.

Final disposition third. Entry into force and application.

This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State", and shall apply from 1 April 2015.

Given in Madrid, on April 24, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX

BUYER REGISTRATION RECORD REQUEST

COW MILK BUYER

SHEEP MILK BUYER

GOAT MILK BUYER

D.

Locality:

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Municipality:

NIF:	Home on:
on own name/representing:
With NIF:	Locality:
Province:	Postal Code:
Phone: Fax: email:
And with installations on:
Locality and province	street and number	Code Postal

REQUESTS: Registration in the register of buyers of cow, sheep and goat milk referred to in this royal decree regulating the compulsory declarations to be made by the first buyers and dairy farmers and dairy products from cow, sheep and goat.

COMMITS:

To keep the commercial documentation and supporting information available to the competent authority for at least two years from the end of the year to which they correspond.

To present on the regulatory dates the declarations to be determined.

To submit to controls and to provide all documents, supporting documents and/or data related to milk deliveries.

DOCUMENTATION THAT YOU PROVIDE:

-Photocopy photocopy or with the authentic character of the buyer's NIF, or authorization for verification in the Verification and Data Consultation Service of the Ministry of Finance and Public Administrations.

-Certified photocopy or the authentic character of the NIF of the legal or voluntary representative or authorization for verification in the Verification and Consultation Service of the Ministry of Finance and Administrations Public.

-Certified photocopy or the authentic character of the document that accredits the legal or voluntary representation, if any.

-Certificate of high in the Tax of Economic Activities in the epigraps concerning cattle, sheep or goat farms, dairy or milk-based industries or dairy products.

-In the case of the companies included in the scope of the recast of the Law of Capital Companies, approved by Royal Decree Legislative 1/2010, of July 2: photocopy photocopy, or with the character of authentic, of the Articles of incorporation and their amendments, and updated certificate of the commercial register of all the seats made to the institution.

-In the case of cooperatives, a certificate issued by the official register of cooperatives that collects all registered movements and the updated composition of the governing council, or, if applicable, certificate issued by the president the governing council to collect the updated composition of the same, as well as original, or copy with the character of the authentic one, of its statutes.

-In the case of cooperatives to which the exception referred to in Article 12 of Royal Decree 1363/2012 applies, the statutes or agreements of the cooperative in which the mandatory elements are contained must have the contract.

-In the case of other legal persons, other than the former, a certificate issued by the governing body, or a person who is the governing body, that collects the updated composition of members, partners or components of the entity, and the updated composition of the governing body if it is not a one-off, as well as original, or a copy of the authentic character, its statutes or the entity's founding document.

-Certificate of being aware of all tax obligations and social security.

In................. a.......... of............... of 201.. .

Signature and stamp of the entity Competent Authority of the Autonomous Community

ANNEX II

MONTHLY COW MILK BUYER STATEMENT

YEAR:

	MES:

BUYER IDENTIFYING DATA:

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP	C. AUTONOMOUS

IDENTIFYING DATA FROM THE PRODUCER MAKING THE DELIVERIES

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP

(*)

Delivered litres	Contract No 1
Liters delivered	Contract # 2	PRICE

FAT MEDIA³

(% to two decimal places)

MEDIA PROTEIN4 (%to two decimal places)	TOTAL AMOUNT PAID5 (€ with two decimal places)

¹ The contract number to be assigned by the contract database will be entered when the contract is registered.

² Fixed, variable, mixed.

³ Percentage (%) of fat: It is the amount of fat that is part of the milk composition, expressed as a percentage by weight, with two decimals The average of the weighted fat is indicated corresponding to the month in question according to the information contained in the official analysis bulletins.

⁴ Percentage (%) Protein: It expresses the protein content of the milk. The average protein corresponding to the month in question shall be indicated according to the information contained in the official analysis bulletins. In any case, with two decimal places.

⁵ Amount paid to the producer: It will be the amount paid to the producer exclusively for the purchase of milk, taking into account bonuses and penalties for quality or other concepts and excluding the tax on the Value Added or Indirect General Tax Canarian.

(*) Only fill in the information for two contracts when one of them ends before the last day of the month.

ANNEX III

MONTHLY STATEMENT OF SHEEP MILK BUYERS

YEAR:

	MES:

BUYER IDENTIFYING DATA:

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP	C. AUTONOMOUS

IDENTIFYING DATA FROM THE PRODUCER MAKING THE DELIVERIES

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP

(*)

Litres delivered (A)

Contract No. 1
Liters delivered	Identifier # contract 2	PRICE

monthly value of grade8 (% to two decimal places)	Total amount paid9 (B) (€ with two decimal places)	Average amount (€/L)10 (B/A) (€ with two decimal places)	11 (€ with two decimal places

⁶ The contract number to be assigned by the contract database will be entered when it is registered.

⁷ Fixed, variable, mixed.

⁸ Grade: percentage point of dry cheese cheese (ESQ) of fat plus protein, of each litre of sheep's milk and goat. This value can be referred to in hectolitres, which is the percentage value in 100 litres of milk. The weighted monthly average of the purchases of milk for the month in question shall be indicated in the official analysis bulletins.

⁹ Total amount paid to the producer: It will be the amount paid to the producer exclusively for the purchase of milk, taking into account bonuses and penalties for quality or other concepts and excluding the tax on the Added Value or the Indirect Canarian General Tax

¹⁰ The average amount paid in euro/litre will be the result of dividing the total amount paid between the amount of litres delivered.

¹¹ Price by grade: Price for each percentage point of dry cheese extract (ESQ), fat and protein, referred to a liter of milk. Price per hectare: Price per percentage point of dry cheese cheese (ESQ), fat and protein, referred to 100 liters of milk.

(*) Only fill in the information for two contracts when one of them ends before the last day of the month.

ANNEX IV

GOAT MILK BUYER MONTHLY STATEMENT

YEAR:

	MES:

BUYER IDENTIFYING DATA:

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP	C. AUTONOMOUS

IDENTIFYING DATA FROM THE PRODUCER MAKING THE DELIVERIES

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP

(*)

Litres delivered (A)

Contract No. 1
Liters delivered	Identifier # contract 2	PRICE

average value of grade3 (% to two decimal places)	Total amount paid4 (B) (€ with two decimal places)	Average amount (€/L5 (B/A) (€ with two decimal places)	6 (€ to two decimal places

¹ The contract number to be assigned by the contract database will be entered when it is registered.

² Fixed, variable, or mixed.

³ Grade: percentage point of dry cheese cheese (ESQ) fat plus protein, of each litre of sheep's milk and goat. This value can be referred to in hectolitres, which is the percentage value in 100 litres of milk. The weighted monthly average of the purchases of milk for the month in question shall be indicated in the official analysis bulletins.

⁴ Total amount paid to the producer: It will be the amount paid to the producer exclusively for the purchase of milk, taking into account bonuses and penalties for quality or other concepts and excluding the tax on the Value Added or the Indirect General Tax Canarian.

⁵ The average amount paid in euro/litre will be the result of dividing the total amount paid between the amount of litres delivered.

⁶ Price by grade: Price for each percentage point of dry cheese extract (ESQ), fat and protein, referred to a liter of milk. Price per hectare: Price per percentage point of dry cheese cheese (ESQ), fat and protein, referred to 100 liters of milk.

(*) Only fill in the information for two contracts when one of them ends before the last day of the month.

ANNEX V

DIRECT SALES SUMMARY SHEET

Mandatory annual declaration of milk marketed by producers

YEAR:

MILK TYPE: COW GOAT SHEEP GOAT Goat

PRODUCER IDENTIFICATION:

DNI/NIF

NAME AND NAME OR SOCIAL REASON	ADDRESS	LOCALITY	MUNICIPALITY	CP
TELEPHONE	FAX

LITRES OF MILK FOR DIRECT SALE

(It includes milk sold directly to the consumption and litres of milk processed in dairy products)

APRIL

	months	LITROS
MARCH
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER