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Real Decree 82 / 2015, Of 13 Of February, By Which Is Set Them Bases Regulatory For The Concession Of Them Grants For The Repopulation Of The Exploitation In Case Of Emptied Health In The Frame Of Them Programs National Of Fight, Contro...

Original Language Title: Real Decreto 82/2015, de 13 de febrero, por el que se establecen las bases reguladoras para la concesión de las subvenciones para la repoblación de la explotación en caso de vaciado sanitario en el marco de los programas nacionales de lucha, contro...

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Article 23 of Law 8/2003 of 24 April of Animal Health provides that, after the completion of the emptying and sanitation of the affected holding, the competent body shall supervise the performance of a trace, in if possible, after the repopulation of the holding, with a small number of animals, complying with the rules to be established for each disease. It also determines that repopulation will be authorised once the absence of risk of persistence of the pathogen is verified.

Within this framework, the rules applicable to bovine tuberculosis and brucellosis, ovine and caprine brucellosis, bluetongue and transmissible spongiform encephalopathies, include measures to be taken by the authority. competent in the case of suspicion or confirmation of the disease, the sanitary emptying of the holding, resulting in the subsequent replacement of the slaughtered animals.

Without prejudice to the compensation provided for in our legal system for the compulsory slaughter of animals decided by the competent authority and the lines existing in agricultural insurance, the replacement of Animals on the farms are an additional cost to the farmer on the basis of the particular market price of the animals, and therefore a state aid line should be established to compensate for this additional cost.

For this purpose, Royal Decree 864/2010 of 2 July 2010 was approved, laying down the regulatory bases for the granting of subsidies for the repopulation of the holding in case of sanitary emptying in the framework of the national programmes for the control, control or eradication of bovine tuberculosis, bovine brucellosis, ovine and caprine brucellosis, bluetongue and transmissible spongiform encephalopathies.

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 Article 26 of Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid to be granted in respect of 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.

This royal decree is issued in accordance with the provisions of Law 38/2003 of 17 November, General of Grants, and in the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, dated July 21. In accordance with the distribution of competences between the State and the Autonomous Communities, the decentralized management of the aid is established, corresponding to the autonomous communities its instruction, resolution and payment.

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 day February 13, 2015,

DISPONGO:

Article 1. Object.

1. The purpose of this royal decree is to establish the regulatory basis for the granting, under competitive competition, of subsidies for the repopulation of the holding in the event of a sanitary emptying in the framework of the programmes. national control, control or eradication of bovine tuberculosis, bovine brucellosis, ovine and caprine brucellosis, bluetongue and transmissible spongiform encephalopathies.

2. Animals which at the time of their slaughter are greater than 96 months of age in bovine animals of meat fitness, over 72 months of age in bovine animals of milk fitness or over 5 years of age in sheep or goats, and minor animals of 12 months of age in bovine animals or under 6 months of age in sheep or goats, only up to 5 per cent of the total of these animals may be eligible.

3. In accordance with European Union legislation, once the aid has been called by the autonomous communities, the holdings which have been repopulated by the public health emptying since the publication of the call and those holdings may be eligible for aid. that took him within the previous three years. The aid must be paid within the time limit laid down in the rules applicable to the autonomous communities, and which, in any event, may not exceed 4 years from the date of the repopulation.

4. 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 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.

Article 2. Definitions.

1. 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 Article 2 of Commission Regulation (EU) No 702/2014 of 25 June 2014 shall apply.

2. In addition it shall be understood as:

a) Sanitary emptying: The compulsory slaughter of all animals of the vaccine, ovine or caprine species present on a livestock holding, decreed by the competent authority in the event of suspicion or confirmation in the case Bovine tuberculosis, bovine brucellosis, ovine and caprine brucellosis, bluetongue and transmissible spongiform encephalopathies.

(b) Repopulation: The first introduction of animals of the species vaccine, ovine or caprine species in a livestock holding, after the sanitary emptying of the species and until the establishment of the herd, which shall not exceed the time limit of 12 months from the authorisation of entry of animals following the instructions given to the effect by the competent authority.

Article 3. Beneficiaries.

The aid provided for in this provision may be granted to holders of the livestock holdings in which the sanitary emptying has been carried out, and which have carried out or are to be carried out by the repopulation of the holding, which at least complies with the following requirements:

(a) undertake to maintain both the holding and the animals subject to the aid for a minimum period of two years, except in exceptional cases determined by the competent authority, or by force majeure, or, if they have already carried out the repopulation, maintain that period.

(b) Commit not to carry out the repopulation until a minimum period of quarantine of three months has elapsed, and to ensure that the restocking animals come from qualified holdings, where they have not yet carried out restocking. If it has already been carried out, the quarantine period issued by the competent authority has been complied with and the restocking animals have come from qualified holdings.

(c) Do not have livestock holding the consideration of companies in difficulty, or have it due to the loss or damage caused by the declaration of the disease and the resulting sanitary emptying.

d) Be aware of tax obligations and social security.

e) Be the registered livestock holdings in the register of livestock holdings, as well as have the corresponding record book duly updated.

f) Meet the relevant minimum sectoral regulations for management, welfare, identification, animal health, environment and hygiene.

g) Meet the requirements for the consideration of SMEs in accordance with Annex 1 to Commission Regulation (EU) No 702/2014 of 25 June 2014.

Article 4. Eligible activity.

1. The purchase or lease with the option of purchase, of animals of the vaccine, ovine and caprine species, may be financed for the restocking of the holding.

2. Aid shall be granted for purchases or leases with an option to purchase, made prior to or after the submission of the application, and may be granted for purchases or leases with a multi-annual implementation option provided that it complies with the provisions of Article 57 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006 of 21 July.

Article 5. Submission of requests.

1. Applications for the aid shall be directed to the competent authority of the autonomous community in which the holding which is to be repopulated is to be sent, in any of the places provided for in Article 38.4 of Law No 30/1992, of 26 of November, the Legal Regime of the Public Administrations and the Common Administrative Procedure, or by electronic means, in the form determined by the Autonomous Community, in the terms established by the third, third, final provision of the Law 11/2007, of June 22, electronic access of citizens to Public Services.

2. At least the following documentation shall be accompanied:

(a) Statement responsible for maintaining both the holding and the animals subject to the aid for a minimum period of two years from the date of its acquisition.

(b) Declaration responsible for not carrying out the repopulation until a minimum period of quarantine of 3 months has elapsed since the date of departure for slaughter of the animals under vacuum, or if it has already been repopulated or the quarantine period issued by the competent authority, and that the animals intended for restocking come from or have come from qualified holdings.

(c) A responsible statement that the livestock holding does not have the consideration of companies in difficulty, or that it has acquired such a condition due to the loss or damage caused by the declaration of the disease and the Resulting sanitary emptying.

d) Accreditation to be aware of tax obligations and social security, through the certifications that are regulated in Article 22 of the Regulation of Law 38/2003 of 17 November, General of Grants, approved by Royal Decree 887/2006, of 21 July, in the form established by the autonomous community in the respective convocation. If no provision is made in this respect, it shall be understood that the mere submission of the application entails the authorisation for the granting authority to obtain it directly.

e) Statement responsible for compliance with the relevant minimum sectoral regulations on management, welfare, identification, animal health, environment and hygiene.

(f) Supporting documentation of the condition of the SME of the holding, which may consist of a statement responsible for the management body of the requesting entity.

g) Original or collated copy, certified or authenticated, invoice, pro forma invoice, purchase or lease contract with purchase option of the animals, or contract of identical legal effect.

h) Where appropriate, invoice from the sale to the slaughterhouse or meat industry of the slaughtered animals.

i) where appropriate, a copy of the policy in force of the agricultural insurance for the financial year in question, operating or also covering the guarantee of livestock sanitation.

3. Applications may be submitted annually within the time limits set by the Autonomous Communities in their respective calls.

Article 6. Amount of aid.

1. The maximum amount of aid shall be that resulting from subtracting from the total cost of purchase or lease with an option to purchase the animals, the amounts received as compensation for the compulsory slaughter of the animals, the value of the received in the slaughterhouse or meat industry for the same, and that of the corresponding insurance in case of covering the policy the same object and purpose as that of the aids regulated in this royal decree.

The aid will also be limited to the value of 75 percent of the animals slaughtered. For these purposes, in order to determine the value of such animals, it may be used for each case according to the insurance applicable in the annual Combined Agricultural Insurance Scheme which is established under the provisions of the Article Fifth of Title II of Law 87/1978 of 28 December 1978 on Combined Agricultural Insurance.

In any case, the maximum amount per holding shall be EUR 75,000.

2. The State, through the Ministry of Agriculture, Food and the Environment, will be able to subsidise up to 50%, depending on the available budgetary resources, on the expenditure envisaged or carried out by the Autonomous Communities.

3. The maximum amount of financing from the State budget, through the Ministry of Agriculture, Food and the Environment, for aid resulting from the implementation of this royal decree will be based on the available resources. budget.

Article 7. Procedure and objective criteria for granting aid.

1. The procedure for granting the aid provided for in this rule is that of competitive competition.

Therefore, in granting the grants provided for in this royal decree, applications will be ordered based on their score, according to the following objective criteria:

(a) Having contracted insurance on the lines of insurance provided for cattle, sheep or goats in the Combined Agricultural Insurance Scheme for the financial year in question: 5 points. If you have contracted, additionally, the livestock sanitation guarantee: 5 additional points.

(b) Integrated livestock holdings in a health, cooperative or other associative form in the agricultural sector: up to 5 points, depending on the degree to which each autonomous community is established.

c) Reposition with animals of pure breeds inscribed in the Genealogical Book: Up to 5 points, depending on the gradation established by each Autonomous Community.

In addition, each autonomous community will have up to 10 points to assess the criteria that it considers complementary to the criteria mentioned in this section.

2. In the event that more than one application obtains the same score, the tie in favour of the applicant who has obtained the highest score in paragraph 1 (a) shall be broken, and if the tie persists, the same shall be applied with the same score. (b) and (c).

3. In all cases, the granting of aid will be in line with the provisions of Law 45/2007 of 13 December 2007 for the sustainable development of rural areas, so that priority attention will be given to agricultural professionals, and (a) priority shall be given to those who hold a territorial holding, as laid down in that law, with a total of up to 5 points being allocated to them. For these purposes, it shall be professional farmers and territorial holdings who are in the cases provided for in Article 16 (3) and (4) of that law.

4. In the event that any of the beneficiaries give up the grant, the granting authority shall, without the need for a new call, agree to grant the aid to the applicant or applicants following that in respect of the grant, provided that with the waiver, sufficient credit has been released to address at least one of the denied applications.

Article 8. Call, instruction, resolution and payment.

1. The competent bodies of the autonomous community where the application is submitted shall make the call for grants, instruct the procedure, resolve the aid connection in a reasoned manner, and shall notify the decision in question. the time limit set for the call, which may in no case be more than six months after the publication of the call for aid.

2. The payment of the subsidy shall also be the responsibility of those bodies, after the performance of the activity for which it was granted, as provided for in Article 12, and the carrying out of administrative and on-the-spot checks, shall be justified.

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 decisions to grant grants shall take account of the available budgetary resources and shall expressly state which funds come from the general budget of the State.

Article 9. Territorial distribution of aid.

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 to the Community of Navarre, given its specific financing arrangements, the amounts In order to pay for the payment of the subsidies regulated in this royal decree, in accordance with the available budgetary resources and in accordance with Article 86 of Law 47/2003 of 26 November, General Budget.

Once the objective distribution criteria have been formalized by the Council of Ministers, as well as the resulting distribution, prior to the commitment, the corresponding legal instrument will have to be subscribed or approved. which, subject to a favourable audit by the Delegated Intervention which is competent, shall entail the approval and the commitment of expenditure concerned, all in accordance with the provisions of points 1 and 2 of the third paragraph of the Agreement of the Council of Ministers of 22 February 2013 approving the instructions for the implementation of Article 86 of the General Budget Law.

2. For each financial year, it shall be established, in accordance with the available budgetary resources, and taking into account, where appropriate, the remaining funds resulting from the end of each financial year held by the Communities. standalone, the maximum amount for each stand-alone community.

3. The remaining funds resulting from the last financial year in which the subsidy is to be granted, which are in the hands of the autonomous communities, will be used to make the outstanding obligations and the surplus to be effective. which is not compromised will be reintegrated into the State.

Article 10. Cumulation of aid.

Without prejudice to the provisions of Article 26.13 of Commission Regulation (EU) No 702/2014 of 25 June 2014, the amount of subsidies covered by this royal decree, in no case may be exceeded, in isolation or in concurrency with other grants or aid from other public or private, national or public authorities, national or international, intended for the same purpose, or with the provision of insurance schemes covering the same object and purpose that of the present aid, the cost of the repopulation.

Article 11. Duty of information.

The Autonomous Communities shall forward annually to the Ministry of Agriculture, Food and Environment, before 1 March of each financial year, the data relating to the aid granted in the previous year.

Article 12. Justification for compliance.

The beneficiaries of the aid must justify the fulfilment of the purpose for which they were granted and the application of the funds received, by the presentation of the invoice and proof of their payment, of the purchase or from the lease with an option to purchase the animals, within the time limit set by the competent authority.

Article 13. Compatibility of aid and amendment of the resolution.

1. Any alteration of the conditions taken into account for the grant of the grant may give rise to the amendment of the granting decision.

2. 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 administrations or other public or private entities, national or international. The beneficiary shall be obliged to inform the Administration of the total amount of the other aid received, in order to ensure that as a whole it does not exceed the cost of the subsidised activity, which will determine the modification of the grant resolution. Failure to comply with this obligation shall determine the reimbursement of the grant, as provided for in points (e) and (g) of Article 37.1 of Law 38/2003 of 17 November, without prejudice to any penalties that may be imposed.

Article 14. Non-compliance and drawback.

1. Failure to comply with the requirements for the grant of the grant, in particular non-compliance with the basic legislation on the environment, health, welfare, food or animal identification, irrespective of other Liability in respect of which the beneficiary may have incurred, shall give rise to the loss of the right to the grant granted, with the obligation to reimburse the amounts in his case, received, increased with the interest of legal delay.

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.

2. It shall also refund the amounts received, as well as the requirement of interest for late payment from the time of payment of the subsidy, in the other cases provided for in Article 37.1 of Law 38/2003 of 17 November.

Article 15. Conditionality.

However, the granting of the aid covered by this royal decree is conditional upon the publication of the request for exemption on the website of the European Commission's Directorate-General for Agriculture and Rural Development, in accordance with Article 9.1 of Commission Regulation (EU) No 702/2014 of 25 June 2014 on the website of the European Commission.

Single additional disposition. Provision of information.

The General Administration of the State will make available to the autonomous communities that request it, in compliance with the provisions of Articles 6.2.b) and 9 of Law 11/2007, of June 22, of electronic access of the public services, the data referred to in Article 5.2.d) of this royal decree, in electronic form.

Single transient arrangement. Application.

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

Single repeal provision. Regulatory repeal.

Royal Decree 864/2010 of 2 July 2010 establishing the regulatory bases for the granting of subsidies for the repopulation of the holding in the event of a sanitary emptying in the framework of the national programmes for the control, control or eradication of bovine tuberculosis, bovine brucellosis, ovine and caprine brucellosis, bluetongue and transmissible spongiform encephalopathies.

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 modify the maximum period in which the autonomous communities can set the time limits for the submission of applications to refers to Article 5.3.

Final disposition fourth. Entry into force.

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

Given in Madrid, on February 13, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA