Royal Decree 181/2015, Of 13 March, Amending Royal Decree 1625 / 2011, Of 14 November, Which Establishes The Regulatory Bases Of The Subsidies Aimed At The Promotion Of Spanish Native Breeds.

Original Language Title: Real Decreto 181/2015, de 13 de marzo, por el que se modifica el Real Decreto 1625/2011, de 14 de noviembre, por el que se establecen las bases reguladoras de las subvenciones destinadas al fomento de las razas autóctonas españolas.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2714

By the Royal Decree 1625 / 2011, of 14 November, which establishes the regulatory bases of the subsidies aimed at the promotion of Spanish native breeds, are planned subsidies for the creation or maintenance of herd books, and development of the programme of improvement for these breeds of livestock.

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with the market in application of articles 107 and 108 of the Treaty of Union operation Europe, which has been repealed and replaced to Regulation (EC) No. 1857 / 2006, of the Commission of 15 December 2006 on the application of articles 87 and 88 of the Treaty to state aid for small and medium-sized enterprises engaged in the production of agricultural products and is amending Regulation (EC) No. 70/2001 , which constituted the legal framework in which the compatibility with the law of the European Union's aid regulated by Royal Decree 1625 was inserted / 2011, from 14 November.

Also, be repealed expressly, for legal certainty, given that they will not keep such aid schemes for budgetary reasons, the Royal Decree 949/2009, of 5 June, whereby the regulatory bases of the State subsidies are set to promote the application of the technical processes of the biodigestion of slurry Plan, and the Royal Decree 1724 / 2007 , of 21 December, which establishes the regulatory bases of subsidies aimed at the promotion of systems of production of autochthonous livestock breeds in extensive systems.

The present Royal Decree constitutes basic legislation, while opposed to the fact of that matter is regulated by regulatory standard, then, following the doctrine of the Constitutional Court, in the case of short-term measures, as it is the present case, in addition, obviously technical, is justified the use of standard infralegal.

In the elaboration of this Royal Decree have been consulted the autonomous communities and the most representative of the sectors concerned institutions. They have also issued its mandatory reports the advocacy of the State and the Executive intervention in the Ministry of agriculture, food and environment.

In his virtue, a proposal from the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, and prior deliberation of the Council of Ministers at its meeting of March 13, 2015, have: single article. Modification of the Real Decree 1625 / 2011, of 14 November, which establishes the regulatory bases of the subsidies aimed at the promotion of Spanish native breeds.

The Royal Decree 1625 / 2011, of 14 November, which establishes the regulatory bases of the subsidies aimed at the promotion of Spanish native breeds, is to be re-worded as follows: one. Article 1 adds a new paragraph with the following content: «support conform to the provisions in the 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 internal market in application of 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, of 1 July 2014, pages 1 to 75, and will be in force until December 31, 2020.»

Two. Article 2 is replaced by the following: 'article 2. Beneficiaries.

Be entitled to subsidies referred to in the previous article the organizations or associations of breeders recognized by the autonomous communities that meet the following requirements: to) lack of profit.

(b) be officially recognized for the management of the book or Studbooks of the race or Spanish native breeds, by the corresponding autonomous community.

c) in the event that there are several associations recognized for a same breed, either in the same region or in different autonomous communities, must be integrated into a unique Association of second grade, as set forth in article 13(1) of the Royal Decree 2129 / 2008 of 26 December, which establishes the national programme of conservation, improvement and promotion of livestock breeds to gain access to these supports, mean that Association of second grade the applicant for aid.

(d) comply with the requirements of articles 13.2 and 13.3 of law 38/2003 of 17 November, General grant.

(e) comply with the obligations laid down in article 11 of the Royal Decree 2129 / 2008 of 26 December.

f) have the status of SMEs in accordance with the provisions of article 2(2) and annex 1 to Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.

(g) not to be regarded as company in crisis, in accordance with article 2.14 of Regulation (EU) No. 702/2014, of the Commission of 25 June 2014, and as defined the company into crisis in the Community guidelines on State aid for rescuing and restructuring of firms in difficulty, in accordance with the guidelines on State aid for rescuing and restructuring of non-financial companies in crisis (communication 2014/C 249/01) (, from the Commission of 31 July 2014).

(h) not be subject to an order of pending recovery from a previous decision of the Commission which has been declared an aid illegal and incompatible with the internal market.

«((Asimismo, los requisitos previstos en las letras d), f), g) and h, must also be fulfilled by farming in which the eligible activities are carried out.»

3. Includes a new paragraph 3 in article 3, with the following content: «3. tax on added value (VAT) will not be eligible, except when cannot be recovered for the client.»

Four. Paragraph 2 of article 5 is replaced by the following: «2. also will correspond to these bodies the payment of the subsidy, once activity funded prior justification of the activities carried out and the realization of administrative controls or on the ground that are necessary.» In any case, the eligible costs will be backed by clear, specific and updated documentary evidence.

In accordance with the provisions of the articles 17.3. k) and 34.4 of law 38/2003 of 17 November, advance payment of subsidies of up to 75 per cent of the amount granted, without prior justification, after the signing of the resolution of the concession, and upon request by the interested party may be granted. The remaining amount shall be paid once the subsidised activity, prior justification of the activity for which it was granted, and the realization of administrative controls or on the ground that are necessary."

5. Article 7 is replaced by the following: 'article 7. Compatibility of aid and amounts.

1. grants provided for in this Royal Decree shall be compatible with any others which, for the same purpose and object, may establish other public authorities or other bodies, public or private, national or international, provided that the limits referred to in paragraph 3 are not exceeded.

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

3 the amount of subsidies regulated in this Royal Decree, in no case may exceed, separately or concurrently with other grants or aid from other public authorities or public or private, national or international bodies, intended for the same purpose, the cost of the subsidized activity or the limits in each case in the letters a) and b) of paragraph 1 of article 27 of the Regulation (EU) No. 702/2014 , of the Commission, on June 25, 2014, without prejudice to more stringent limits for each year in the respective call. This aid not be aggregated with no help 'de minimis' corresponding to the same eligible costs if such cumulation results in an intensity or amount of aid of more than the above limit.»

6. In paragraphs 1 and 2, article 8 and article 9 mentions the Environment Ministry of environment and Rural and Marine Affairs, shall be deemed performed to the Ministry of agriculture, food and environment.

7. The second final provision is replaced by the following: «second final provision. Conditionality.

The granting of the aid regulated by Royal Decree is conditioned upon receipt of the acknowledgement of receipt from the European Commission, of the information referred to in article 9(1) of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.

Sole transitional provision. Application.

The provisions of this Royal Decree shall apply from the 31 December 2014.

Sole repeal provision. Repeal legislation.

They are hereby repealed:
to) the Royal Decree 949/2009, of 5 June, whereby the regulatory bases of the State subsidies are set to promote the application of the technical processes of slurry biodigestion Plan.

b) the Royal Decree 1724 / 2007, of 21 December, which establishes the regulatory bases of subsidies aimed at the promotion of systems of production of autochthonous livestock breeds in extensive systems.

Sole final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

You will lose their validity on the date in that it ceases to be applicable 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 internal market in application of articles 107 and 108 of the Treaty on the functioning of the European Union.

Given in Madrid, on March 13, 2015.

PHILIP R.

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