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Improvement of sanitary quality, the commercial agility and profitability of farming requires a high standard of health that can only be achieved through the collaboration of the sector, the control and eradication of diseases, both in the maintenance and creation of defensive structures at some risk of emergence and spread of exotic diseases.
For this reason, article 43 of the law 8/2003, of April 24, animal health, already has that public administrations, to foster the establishment of groupings of livestock sanitary defence, can enable helplines to subsidize health programmes.
In this sense, through the Real Decree 784 / 2009, of 30 of April, by which is established them bases regulatory of them grants State intended to the groupings of Defense Health livestock, is regulated them supports public to them programs health of these groupings.
Currently, it is necessary to update such regulation, adapted to the time to the new norms of the European Union aid to the agricultural sector. Reasons of security legal advise the approval of a new Royal Decree, given the amount of modifications.
The AIDS referred to in this provision, are in accordance with 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.
He present real decree constitutes normative Basic, without is opposed to this the made of that the matter is adjust by standard regulatory, because, following the doctrine of the Court constitutional, when is try of measures of character cyclical, as is the case present, also, of nature 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 February 13, 2015, HAVE: article 1. Object.
1. the object of this real Decree is set them bases regulatory for the concession of grants State, in regime of concurrency competitive, intended to the groupings of Defense Health livestock (ADSG in forward).
2. the object of the present aid is compensation for the healthcare costs of the actions of prevention, monitoring, control or eradication of animal diseases included in programs or performances.
3. 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» number 193, of 1 July 2014, pages 1 to 75.
Article 2. Definitions.
For the purposes of this Royal Decree shall apply the definitions provided for in article 3 of the law 8/2003, of April 24, animal health, and article 2 of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.
Article 3. Beneficiaries and requirements.
1. in accordance with provisions in sections 6 and 11 of article 26 of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014, may apply for the aid provided for in this Decree the ADSG officially recognized by the autonomous communities, comprising holdings which meet the requirements that are provided for in paragraph 2 , which are officially recognized by the autonomous communities and that are registered in the national registry of livestock sanitary defence groups.
2 farming integrated at the ADSG officially recognized by the corresponding Autonomous Community, shall meet, at least the following requirements: to) be abreast with the Social Security and tax obligations, as well as to serve the remainder of the requirements laid down in article 13 of law 38/2003 of 17 November, General subsidies.
(b) in the case of farms of livestock producers in activity, and that farms have the status of SMES in accordance with Annex 1 of the Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.
(c) that the holding is registered in the General registry of livestock farms.
(d) not be subject farms 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.
(e) that not is concerned of a company in crisis as is defined in the article 2 of the Regulation (EU) No. 702 / 2014, of the Commission, of 25 of June of 2014, and in them guidelines community on aid State of rescue and of restructuring of companies in crisis, in accordance with them guidelines on aid State of rescue and of restructuring of companies not financial in crisis (communication 2014 / C 249 / 01) (, from the Commission of 31 July 2014).
Also, the applicant ADSG shall meet the requirements provided for in the letters to), d) and e), and have the status of SME according to annex 1 of the Regulation (EU) No. 702/2014, the Commission, on June 25, 2014.
Article 4. Performances subject of grant.
1. these grants is go to finance, in them terms provided in this real Decree, the realization by them ADSG of them programs and performances health common, understanding, in relation to them diseases collected in the list of diseases animals of the Organization World of Health Animal (OIE), or them diseases of them animals and zoonoses listed in them annexes I and II of the Regulation (EU) No. 652 / 2014 of the European Parliament and of the Council, on May 15, 2014, which lays down provisions for the management of expenditures relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, and that amending the directives 98/56/EC 2000/29/EC and 2008/90/EC, regulations (EC) No. 178/2002, (EC) No. 882/2004, (EC) No. 396/2005 and (EC) No. 1107 / 2009 of the European Parliament and of the Council and directive 2009/128/EC of the European Parliament and of the Council, and which shall be repealed 66/399/EEC, 76/894/EEC and 2009/470/EC Council decisions (, the costs of: to) the health checks, diagnostic tests, laboratory analysis or other measures of detection of animal diseases, including those of the professional performance of the ADSG vets. The costs of performance of the ADSG veterinarians in sampling or diagnoses within the framework of the national programmes for the eradication of animal diseases which receive cofinancing by the European Union are understood excluded.
(b) the purchase and administration of vaccines, veterinary medicinal products, biocides or other animal health products, including the costs of performance of the ADSG vets.
(c) the slaughter of animals or the destruction of beehives, in both cases sick or suspected of being, including the costs of performance of the veterinarians of the ADSG, excluding expenditure for these concepts in the framework of the national programmes for the eradication of animal diseases which receive cofinancing by the European Union.
(d) the expenses of destruction of products of animal origin and the cleaning and disinfection of the holding and the team, including performance of the ADSG veterinarians, when such measures so have to effect by the competent bodies of the autonomous community where lies the ADSG, according to the sanitary conditions of the area and the particular characteristics of each group.
2. with the maximum amount of the costs or losses that give right to aid amounts received pursuant to insurance schemes shall deduct is.
3. them aid only is granted for activities made starting from the presentation of the request before the authority competent. In any case, the eligible costs will be backed by clear, specific and updated documentary evidence. The tax on added value (VAT) will not be eligible, except when non-recoverable for the beneficiary.
Article 5. Presentation of requests.
1. Requests for assistance shall be addressed to the competent body of the autonomous community that has recognized the ADSG, and may be submitted in any of the places referred to in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. (Must go accompanied of, at least, the following documentation: to) relationship of cattle that constitute effectively the ADSG in the time of the request and of them codes of exploitation in accordance with the article 5 of the Real Decree 479 / 2004, of 26 of March.
(b) detailed budget of expenditure for which the grant is requested. This budget has to contemplate the expenses provided for the effective implementation of the common health programme, and must be prepared by the ADSG vet, or the head of veterinarians if there is more than one, and signed by the President of the ADSG.
(c) documentation supporting of the condition of SMES of the ADSG and of them farms integrated in the ADSG.
(d) commitment to the fulfillment of all additional measures in health have to effect by the competent bodies of the autonomous community where lies the ADSG, according to the sanitary conditions of the area and the particular characteristics of each group.
(e) accreditation of compliance with tax obligations and with social security, by the means indicated in article 22 or, where appropriate, 24.4, the regulation of the law 38/2003, 17 November, General grant, approved by Royal Decree 887/2006, of 21 July.
2. the applications is may present annually in them deadlines established in the respective calls of them communities autonomous and, in all case, before the 30 of July of each year.
Article 6. Objective criteria for granting the subsidy.
(1. it award of them grants planned in this Royal Decree is ordered them requests depending on its score, in accordance with them following criteria objectives, with a maximum of 100 points: to) will be priority them requests of those ADSG that grouped a greater number of holdings and of won.
This criterion with a maximum of 35 points assessment shall be weighted.
(b) shall be priority requests for those ADSG having more personal veterinarian to develop the medical treatment.
This criterion with a 15 point maximum score shall be weighted.
(c) regional assessment: each region will have up to 50 points to assess the criteria deemed complementary referred to in the preceding paragraph.
2. However it earlier, the authority competent may foresee, depending on them circumstances concurrent in its field territorial, that is will proceed to the apportionment, between them beneficiaries of the grant, of the amount global maximum intended to them grants.
Article 7. Amount of aid.
1. the amount to collect for each ADSG will be maximum, 100 percent of the amount of the eligible actions concerning budget presented by the applicant ADGS for the year concerned.
2. the amount total of the grant with charge to them budgets General of the State not may overcome it claims total of them aid intended by them communities autonomous to subsidize them costs of them programs health of them ADSG with charge to them budgets of such communities autonomous for the year in that is request it grant, or the 50 by hundred of the total of it helps granted by the authority competent for such purpose in another case.
Article 8. Call, statement, resolution and payment.
1. the competent bodies of the autonomous community concerned in accordance with article 5(1), shall be the call for grants, teach the procedure, granted subsidies accordingly and shall notify the corresponding resolutions in the term that the effect is set to call for proposals that, in no case shall exceed six months from the publication of the corresponding call of support , except that it postpone its effects at a later date. The assessment of the applications will be made by a collegiate body, in accordance with article 22.1 of law 38/2003 of 17 November.
2. Likewise, will correspond to those bodies payment of the grant, justified once the activity for which was granted, as referred to in article 13, and the realization of administrative controls or on the ground that are accurate.
3 advance payments and credits to account, always subject to the corresponding regimes of guarantees in the case of advance payments, in the form and conditions laid down for this purpose in the articles 45 et seq. of the regulations of the law 38/2003, of 17 November, General grants, approved by Royal Decree 887/2006, of 21 July may be carried out. Fertilizers account can assume fractionated payments that will respond to the pace of implementation of the actions subsidised, paid by amount equivalent to the justification presented.
4. in the resolutions of award of the grant is will have in has them availability budget and is will make recorded expressly what funds come of them budgets General of the State.
Article 9. Financing and money transfers.
1. the Ministry of agriculture, power and environment, will transfer to them communities autonomous, except to the community autonomous of the country Basque and to it community Foral of Navarra given his regime specific of funding, them amounts that correspond for meet the payment of them grants regulated by this real Decree, in accordance with them availability budget, and according to it established in the article 86 of the Law 47 / 2003 , of 26 November, General budget.
2. for each financial year it will be established, with budgetary availability and taking into account, where appropriate, the remnants of funds resulting at the end of each financial year which are held by the autonomous communities, the maximum to be transferred to each community.
Article 10. Duty of information.
Finished the financial year, the autonomous communities shall send to the Ministry of agriculture, food and environment, a comprehensive State of the recognised obligations and payments until the close of the fiscal year by the grant or grants managed.
Article 11. Accumulation and compatibility of the aid.
1. the subsidies provided for in this Royal Decree shall be compatible with any others which, for the same purpose and object, may establish other public administrations or other public or private, national or international bodies.
2. However, the amount of the subsidy, either alone or concurrently with another or other aid or subsidies which can grant any other administration or public body or natural or legal person, or from assurance schemes which cover the same object of present subsidies, shall not exceed the limit of 100% of the amount of expenditure on eligible actions provided for in article 26.11 of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014. These grants will not accumulate with no help of 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.
Concurrent collection of aid granted for the same purpose by other administrations or agencies, public or private, national or international, or payment of insurance schemes covering the same object and purpose of the present aid, where the total amount of subsidies received by each beneficiary exceeds the cost of all eligible activities that will be developed for the period in question It will lead to proportional reduction corresponding in the amount of subsidies regulated by Royal Decree, to adhere to that limit.
If still the sum of subsidies or payments by assurance schemes is an intensity of aid of more than the maximum percentage laid down in article 7 or in the State regulations or the European Union, it will be reduced to the abovementioned limit.
Article 12. Modification of resolution and reinstatement.
1.Toda alteration of conditions taken into account for the granting of the subsidy, and in any case the concurrent obtaining of subsidies provided by other administrations or agencies, public or private, national or international, may give rise to the amendment of the resolution of granting.
2 non-compliance with the requirements for the granting of the subsidy, will result in the revocation of the aid, with the return, if this is paid, from the amount collected increased with the interest of delay legally established, since the time of your subscription.
In case of breaches partial relating to them activities eligible, is proceed to the reduction proportional of the subsidies granted or paid.
Article 13. Justification of the compliance.
Them beneficiaries of them supports must justify the compliance of it purpose for which were granted and it application of them funds perceived, through the presentation of the documentation supporting corresponding, in the term maximum of six months to it completion of it activity object of the grant, in accordance with the procedure that determine it community autonomous between them forms planned in the article 30 of it law 38 / 2003 November 17, and article 69 of the regulation of the aforementioned Act, approved by Royal Decree 887/2006, of 21 July.
Article 14. Conditionality.
The granting of the aid regulated by Royal Decree is conditioned to the publication of the application for exemption on the website of the Directorate-General for agriculture and Rural development of the European Commission, in accordance with article 9(1) of Regulation (EU) No. 702/2014, the Commission, on June 25, 2014, on the website of the European Commission.
Sole transitional provision. Application.
The provisions of this Royal Decree shall apply from the 31 December 2014.
Sole repeal provision. Repeal legislation.
Is repealed the Real Decree 784 / 2009, of 30 of April, by which is set them bases regulatory of them grants State destined to the groupings of Defense Health livestock.
Available end first. Skill-related title.
The present Royal Decree is issued on the basis of article 149.1.13. ª of the Constitution, which attributes to the State the exclusive competence in the field of bases and coordination of the general planning of economic activity.
Available to finish second. Rules applicable.
In all matters not provided for in this Royal Decree, the legislation will be contained in the law 38/2003, 17 November, General grant, and its regulation approved by Royal Decree 887/2006, of 21 July.
Third final provision. Faculty of modification.
Empower the titular person of the Ministry of agriculture, food and environment, to modify the maximum period of submission of applications provided in article 5.
Available to finish fourth. Entry into force.
This Royal Decree shall enter into force the day following its publication in the «official bulletin of the State.»
Given in Madrid on February 13, 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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