By Royal Decree 1625/2011 of 14 November laying down the regulatory bases for subsidies for the promotion of indigenous Spanish breeds, aid for the creation or the creation of a Community plant for the production of maintenance of genealogical books, and development of the improvement program for the aforementioned breeds of livestock.

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the internal market pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union, which has repealed and replaced by Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of the Articles 87 and 88 of the Treaty on State aid for small and medium-sized enterprises engaged in the production of agricultural products and amending Regulation (EC) No 70/2001, which constituted the regulatory framework in which the the compatibility with the European Union law of the aid covered by Royal Decree 1625/2011 of 14 November.

Likewise, they are expressly repealed, for legal certainty, since these aid schemes are no longer to be maintained for budgetary reasons, Royal Decree 949/2009 of 5 June establishing the regulatory bases of the State subsidies to promote the implementation of the technical processes of the Purin Biodigestion Plan and Royal Decree 1724/2007 of 21 December establishing the regulatory bases for subsidies for the promotion of systems for the production of indigenous livestock breeds in extensive regimes.

The present royal decree constitutes basic regulation, without the fact that the matter is regulated by regulatory rule, since, in accordance with the doctrine of the Constitutional Court, in the case of measures of The use of an infralegal rule is justified, as is the case in point, as is the case in point.

In the elaboration of this royal decree, the autonomous communities and the most representative entities of the sectors affected have been consulted. They have also issued their mandatory reports on State Advocacy and Delegate Intervention in the Ministry of Agriculture, Food and the Environment.

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, and after deliberation of the Council of Ministers at its meeting of the March 13, 2015,

DISPONGO:

Single item. Amendment of Royal Decree 1625/2011 of 14 November laying down the regulatory bases for subsidies for the promotion of indigenous Spanish breeds.

Royal Decree 1625/2011 of 14 November laying down the regulatory bases for subsidies for the promotion of Spanish indigenous breeds is hereby amended as follows:

One. In Article 1, a new paragraph is added with the following content:

' 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, and shall be in force until 31 December 2020. '

Two. Article 2 is replaced by the following:

" Article 2. Beneficiaries.

The aid referred to in the previous Article may be eligible for aid organisations or associations of farmers recognised by the autonomous communities which meet the following requirements:

a) Profit for profit.

b) Be officially recognized for the management of the Book or Genealogical Books of the Spanish race or indigenous races, by the corresponding autonomous community.

c) In the event that there are several recognized associations for the same race, either in the same autonomous community or in different autonomous communities, they must be integrated into a single second-degree partnership, according to Article 13 (1) of Royal Decree 2129/2008 of 26 December 2008 establishing the National Programme for the Conservation, Improvement and Promotion of Livestock Breeds, in order to be able to access these aids, shall be the second the applicant for the aid.

d) Meet the requirements required by Articles 13.2 and 13.3 of Law 38/2003 of 17 November, General Grant.

e) Meet the obligations laid down in Article 11 of Royal Decree 2129/2008 of 26 December 2008.

(f) Having the status of SMEs in accordance with Article 2.2 and Annex 1 to Commission Regulation (EU) No 702/2014 of 25 June 2014.

(g) Not having regard to a business in difficulty, in accordance with Article 2.14 of Commission Regulation (EU) No 702/2014 of 25 June 2014, and as defined by the undertaking in difficulty in the Community guidelines on State aid for rescuing and restructuring firms in difficulty, in accordance with 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 July 2014).

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

The requirements set out in points (d), (f), (g) and (h) shall also be met by the livestock holdings in which the eligible activities are carried out. '

Three. A new paragraph 3 is included in Article 3, with the following content:

" 3. Value added tax (VAT) shall not be eligible, except where it is not recoverable for the beneficiary. "

Four. Article 5 (2) is replaced by the following:

" 2. The payment of the subsidy shall also be the responsibility of those bodies, after the activity has been completed on the basis of the activities carried out and the administrative or on-the-spot checks required. In any case, the eligible costs shall be supported by clear, specific and up-to-date documentary evidence.

In accordance with Articles 17.3.k) and 34.4 of Law 38/2003 of 17 November, advance payment of aid of up to 75% of the amount granted, without prior justification, may be granted after the signature of the decision of the concession, and upon request by the party concerned. The remaining amount shall be paid after the completion of the subsidised activity, after justification for the performance of the activity for which it was granted, and the carrying out of the necessary administrative or on-the-spot checks. "

Five. Article 7 is replaced by the following:

" Article 7. Amount and compatibility of the aid.

1. The grants provided for in this royal decree will be compatible with any other that, for the same purpose and purpose, could establish other public or private, national or international authorities, always the limits referred to in paragraph 3 are not exceeded.

2. However, the total amount of the subsidy, which shall be used to finance the costs incurred in carrying out the actions provided for in Article 3, with funds from the general budget of the State, shall not exceed a maximum of 60 000 euros by race and annuity.

3. The amount of subsidies covered by this royal decree, in no case may be exceeded, in isolation or in competition with other grants or aid from other public or private, national or international public or government authorities, for the same purpose, the cost of the subsidised activity and the limits laid down in each case in points (a) and (b) of Article 27 (1) of Commission Regulation (EU) No 702/2014 of 25 June 2014, without prejudice to more stringent limits foreseen for each year in the respective convocation. Such aid shall not be cumulated with any 'de minimis' aid corresponding to the same eligible costs if such cumulation gives rise to an aid intensity or amount exceeding that limit. '

Six. In Article 8 (1) and (2) and in Article 9, the words to the Ministry of the Environment, and the Rural and Marine Environment, shall be understood as being made to the Ministry of Agriculture, Food and the Environment.

Seven. The second final arrangement is replaced by the following:

" Final Disposition Second. Conditionality.

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 information referred to in Article 9.1 of Regulation (EU) No 702/2014, of the Commission, of 25 June 2014.

Single transient arrangement. Application.

The provisions of this royal decree will apply from December 31, 2014.

Single repeal provision. Regulatory repeal.

Repealed:

(a) Royal Decree 949/2009 of 5 June laying down the regulatory basis for State subsidies to encourage the implementation of the technical processes of the Purin Biodigestion Plan.

(b) Royal Decree 1724/2007 of 21 December laying down the regulatory bases for subsidies for the promotion of systems for the production of indigenous livestock breeds in extensive schemes.

Single end disposition. Entry into force.

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

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 the Rural areas compatible with the internal market pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union.

Given in Madrid, on March 13, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA