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Real Decree 81 / 2015, Of 13 Of February, By Which Is Established The Bases Regulatory Of Them Grants State Intended To The Groupings Of Defense Health Livestock.

Original Language Title: Real Decreto 81/2015, de 13 de febrero, por el que se establecen las bases reguladoras de las subvenciones estatales destinadas a las agrupaciones de defensa sanitaria ganaderas.

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Improving health quality, commercial agility and profitability of livestock farms require a high level of health that can only be achieved through the collaboration of the sector, both in the fight and eradication of diseases, as in the maintenance and creation of defensive structures in the face of the risk of the emergence and spread of exotic diseases.

Therefore, Article 43 of Law 8/2003 of 24 April on animal health already provides that public administrations, in order to promote the formation of livestock health protection groups, may provide aid lines aimed at subsidising health programmes.

In this regard, by means of Royal Decree 784/2009 of 30 April 2009 laying down the regulatory bases for State subsidies for livestock health protection groups, the aid was granted public health programmes for such groups.

At the moment, it is necessary to update this regulation, adapting it to the new rules of the European Union in the field of aid to the agricultural sector. Legal security reasons advise the approval of a new royal decree, given the number of modifications.

The aid referred to in this provision 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 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.

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 February 13, 2015,

DISPONGO:

Article 1. Object.

1. The purpose of this royal decree is to establish the regulatory basis for the granting of state subsidies, under competitive competition, for livestock health defense groups (ADSG onwards).

2. The purpose of the present aid is to compensate for the costs of actions for the prevention, control, control or eradication of diseases of animals included in health programmes or actions.

3. 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 market within the meaning of Articles 107 and 108 of the Treaty on the Functioning of the European Union, 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, the definitions provided for in Article 3 of Law 8/2003 of 24 April of animal health and in Article 2 of Commission Regulation (EU) No 702/2014 of 25 May 2014 shall apply. June 2014.

Article 3. Beneficiaries and requirements.

1. In compliance with Article 26 (6) and (11) of Regulation (EU) No 702/2014 of 25 June 2014, the Commission may apply for the aid provided for in this royal decree, which is officially recognised by ADSG. autonomous communities, consisting of holdings which comply with the requirements laid down in paragraph 2, which are officially recognised by the autonomous communities and which are registered in the national register of defence groupings livestock health.

2. Livestock holdings integrated into the ADSG officially recognised by the relevant autonomous community shall at least comply with the following requirements:

(a) Halse to the current of the tax and social security obligations, as well as meet the rest of the requirements laid down in Article 13 of Law 38/2003, of 17 November, General of Grants.

(b) In the case of holdings of livestock producers in activity, and holdings having the status of SMEs in accordance with Annex 1 to Commission Regulation (EU) No 702/2014 of 25 June 2014.

(c) The holding is registered in the General Register of Livestock Holdings.

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

(e) that is not a business in crisis as defined in Article 2 of Commission Regulation (EU) No 702/2014 of 25 June 2014 and in the Community guidelines on State aid for rescue and rescue restructuring of firms in difficulty, in accordance with the guidelines on State aid for rescuing and restructuring non-financial firms in difficulty (Commission Communication 2014 /C 249/01 of 31 July 2014).

The applicant ADSG shall also comply with the requirements set out in points (a), (d) and (e) and have the status of SMEs in accordance with Annex 1 to Commission Regulation (EU) No 702/2014 of 25 June 2014.

Article 4. Actions to be awarded.

1. These grants will be used to finance, as provided for in this royal decree, the implementation by the ADSG of the common health programmes and actions, comprising, in relation to the diseases listed in the animal diseases of the World Organisation for Animal Health (OIE), or diseases of animals and zoonoses listed in Annexes I and II to Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 on the laying down provisions for the management of expenditure relating to the food chain, health animal welfare and animal welfare, plant health and plant reproductive material, and amending Council 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 repealing Council Decisions 66 /399/EEC, 76 /894/EEC and 2009 /470/EC, and related expenditure from:

(a) Health controls, diagnostic tests, laboratory analysis or other measures for the detection of animal diseases, including those for the professional performance of ADSG veterinarians. The costs arising from the professional performance of ADSG veterinarians in the sampling or carrying out of diagnostic tests within the framework of the national programmes for the eradication of animal diseases are excluded. receive co-financing from the European Union.

(b) The purchase and administration of vaccines, veterinary medicinal products, biocidal products or other animal health products, including the costs of the professional performance of ADSG veterinarians.

(c) The slaughter of animals or the destruction of hives, in both cases which are ill or suspected to be, including the costs of the professional performance of ADSG veterinarians, excluding expenditure on these concepts in the framework of the national programmes for the eradication of animal diseases which receive co-financing from the European Union.

(d) Expenditure on the destruction of products of animal origin and the cleansing and disinfection of the holding and equipment, including those of the professional performance of ADSG veterinarians, where such measures are in place for the competent bodies of the autonomous community where the ADSG is based, according to the health conditions of the area and the particular characteristics of each Pool.

2. The maximum amount of the costs or losses eligible for the aid shall be deducted from the amounts received in accordance with insurance schemes.

3. The aid shall be granted only for activities carried out on the basis of the submission of the application to the competent authority. In any case, the eligible costs shall be supported by clear, specific and up-to-date documentary evidence. Value added tax (VAT) shall not be eligible, except where it is not recoverable for the beneficiary.

Article 5. Submission of requests.

1. Applications for assistance shall be addressed to the competent body of the autonomous community which has recognised the ADSG, and may be present at any of the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure. They shall be accompanied by at least the following documentation:

(a) The relationship of cattlemen who effectively constitute the ADSG at the time of the application and the operating codes in accordance with Article 5 of Royal Decree 479/2004 of 26 March 2004.

b) Detailed budget of expenditure for which the subsidy is requested. This budget must cover the expenditure envisaged for the effective implementation of the common health programme and must be drawn up by the ADSG veterinarian, or the head of the veterinary surgeon if there is more than one, and signed by the chairman of the ADSG.

(c) Accrediting documentation of the condition of SMBs of ADSG and integrated holdings in the ADSG.

(d) Commitment to compliance with all additional health measures that are available to the competent bodies of the autonomous community where ADSG is radiating, according to the health conditions of the area and the particular characteristics of each Pool.

e) Accreditation of compliance with tax obligations and social security, by the means provided for in Article 22 or, if applicable, 24.4, of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

2. Applications may be submitted annually within the time limits laid down in the respective calls for the autonomous communities and, in any case, before 30 July of each year.

Article 6. Objective criteria for granting the grant.

1. In the award of the grants provided for in this royal decree, the applications will be ordered according to their score, according to the following objective criteria, with a maximum of 100 points:

(a) Applications for ADSG which pool a greater number of holdings and livestock shall be prioritised.

This criterion will be weighted with a maximum rating of 35 points.

(b) Applications for ADSG with more veterinary staff to develop health actions shall be a priority.

This criterion will be weighted with a maximum rating of 15 points.

c) Autonomic assessment: Each autonomous community will have up to 50 points to assess the criteria it considers complementary to those mentioned in the previous section.

2. Notwithstanding the foregoing, the competent authority may provide, in the light of the circumstances in its territory, that the maximum overall amount allocated to the grant beneficiaries shall be apportioned to the beneficiaries of the subsidy. grants.

Article 7. Amount of aid.

1. The amount to be charged for each ADSG shall be a maximum of one hundred per cent of the amount of the budget relating to the eligible actions submitted by the applicant ADGS for the year in question.

2. The total amount of the subsidy charged to the General Budget of the State shall not exceed the total amount of aid to be provided by the Autonomous Communities to support the costs of the ADSG's health programmes under the the budgets of those autonomous communities for the year in which the grant is applied for, or 50 per cent of the total of the aid granted by the competent authority for that purpose in another case.

Article 8. Call, instruction, resolution and payment.

1. The competent bodies of the autonomous community concerned, in accordance with Article 5.1, shall carry out the call for grants, instruct the procedure, grant the grants on a reasoned basis and notify them of the aid. (a) a decision within the time limit set out in the notice which, under no circumstances, may be more than six months after the publication of the relevant call for aid, unless the latter has postponed its effects to 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. The payment of the subsidy shall also be the responsibility of those bodies, after the completion of the activity for which it was granted, as provided for in Article 13, and the carrying out of administrative or on-the-spot checks. that are accurate.

3. Advance payments and credits may be made, subject to the corresponding guarantee schemes for advance payments, in the form and conditions provided for in Articles 45 et seq. of the Rules of Procedure. Law 38/2003, of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July. Account credits may result in split payments which will respond to the rate of execution of the supported actions, with the amount equivalent to the justification presented.

4. The grant decisions shall take account of the available budgetary resources and shall explicitly state which funds come from the general budget of the State.

Article 9. Funding and transfers of funds.

1. The Ministry of Agriculture, Food and the Environment shall transfer to the autonomous communities, except to the Autonomous Community of the Basque Country and the Community of Navarre, given its specific financing arrangements, the quantities which correspond to the payment of the subsidies regulated by this royal decree, in accordance with the available budgetary resources, and in accordance with the provisions of Article 86 of Law 47/2003 of 26 November, General Budget.

2. For each financial year it shall be established, with the available budgetary resources and taking into account, where appropriate, the remaining funds resulting from the completion of each financial year held by the autonomous communities, the maximum amount to be transferred to each community.

Article 10. Duty of information.

Finalized the economic exercise, the autonomous communities will have to submit to the Ministry of Agriculture, Food and Environment, a comprehensive state of the recognized obligations and the payments made until the end of the economic exercise by the grant or managed grants.

Article 11. Cumulation and compatibility of the aid.

1. The grants provided for in this royal decree shall be compatible with any other grants which, for the same purpose and purpose, may be provided by other public or private, national or international authorities.

2. However, the amount of the subsidy, either on its own or in concurrency with another or other aid or subsidies which any other government or public entity or natural or legal person may grant, or from that of the Insurance covering the same subject of the present aid may not exceed the limit of 100% of the amount of expenditure in the eligible actions provided for in Article 26.11 of Commission Regulation (EU) No 702/2014 of 25 December 2014. June 2014. 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.

The concurrent obtaining of aid granted for the same purpose by other public or private, national or international authorities or entities, or payments of insurance schemes covering the same subject and the purpose of the present aid, where the total amount of the grants received by each beneficiary exceeds the cost of all the eligible activity to be carried out for the period concerned, Proportional representation in the amount of the subsidies regulated in this royal decree, up to adjust to that limit.

If the sum of grants or payments by insurance schemes still amounts to an aid intensity exceeding the maximum rate laid down in Article 7 or in the State or European Union rules, it shall be reduced to the above limit.

Article 12. Modification of the resolution and drawback.

1. Any alteration of the conditions under consideration for the grant of the grant, and in any event the concurrent obtaining of subsidies granted by other public or private authorities, national or international, may give rise to the the modification of the grant resolution.

2. Failure to comply with the conditions required for the grant of the grant shall result in the withdrawal of the aid, with the refund, if it has been paid, of the amount collected in the interest of the legally established delay, from the time of your credit.

In the case of partial non-compliances relating to the eligible activities, the proportional reduction of the grants awarded or paid shall be carried out.

Article 13. Justification for compliance.

The beneficiaries of the aid will have to justify the fulfilment of the purpose for which they were granted and the application of the funds received, by the submission of the appropriate supporting documentation, in the maximum period of six months at the end of the activity which is the subject of the grant, in accordance with the procedure laid down by the autonomous community in the manner laid down in Article 30 of Law 38/2003 of 17 November and in the Article 69 of the Rules of Procedure, adopted by Royal Decree 887/2006 of 21 July.

Article 14. Conditionality.

The granting of the aid regulated in this royal decree is conditional on the publication of the request for exemption on the website of the Directorate General of Agriculture and Rural Development of the European Commission, with Article 9.1 of Commission Regulation (EU) No 702/2014 of 25 June 2014 on the website of the European Commission.

Single transient arrangement. Application.

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

Single repeal provision. Regulatory repeal.

Royal Decree 784/2009 of 30 April 2009 laying down the regulatory bases for state subsidies for livestock health protection groups is hereby repealed.

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. Applicable rules.

In all that is not foreseen in this royal decree, the applicable regulations will be contained in Law 38/2003, of 17 November, General of Grants, and in its Regulation approved by Royal Decree 887/2006, of July 21.

Final disposition third. Ability to modify.

The head of the Ministry of Agriculture, Food and the Environment is empowered to amend the maximum time limit for the submission of applications provided for in Article 5.

Final disposition fourth. Entry into force.

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

Given in Madrid, on February 13, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARC√ćA TEJERINA