Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-2050
Article 23 of the law 8/2003, of April 24, Animal health, has, after emptying and sanitation of the affected farm tasks, the competent authority will oversee the realization of a trace, if possible, prior to the repopulation of the farm, with a small number of animals, in accordance with standards established for each disease. Also, determines that the repopulation is authorized a time proven the absence of risk of persistence of the agent pathogen.
Within this framework, the regulations applicable to tuberculosis and bovine brucellosis, ovine and caprine brucellosis, Bluetongue and transmissible spongiform encephalopathies, admiring, as measures that can adopt the competent authority in case of suspicion or confirmation of the disease, health emptying of exploitation, resulting in the subsequent replenishment of slaughtered animals.
Without prejudice to compensation provided for in our legislation for the compulsory slaughter of animals determined by the competent authority and existing in the agricultural insurance lines, replacement of animals on farms represents an additional cost to the farmer on the basis of the market price of specific animals, so it is necessary to establish a State aid to offset the additional cost.
For this, is approved the Real Decree 864 / 2010, of 2 of July, by which is set them bases regulatory for it award of them grants for the repopulation of the exploitation in case of emptied health in the frame of them programs national of fight, control or eradication of the tuberculosis bovine, brucellosis bovine, brucellosis sheep and goats, language blue and encephalopathies spongiform communicable.
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 of article 26 of 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.
This real Decree is dictates of conformity with it willing in it law 38 / 2003, of 17 of November, General of grants, and in the regulation of the law 38 / 2003, of 17 of November, General of grants, approved by Royal Decree 887 / 2006, of 21 of July. In accordance with the distribution of powers between the State and the autonomous communities, is set the decentralised management of aid, corresponding to the autonomous communities education, resolution and payment.
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 after deliberation by 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, in regime of concurrency competitive, of grants intended to the restocking of it exploitation in case of emptied health in the frame of them programs national of fight, control or eradication of the tuberculosis bovine, brucellosis bovine, brucellosis sheep and goats, language blue and encephalopathies spongiform communicable.
2 animals that at the time of their sacrifice are over 96 months of age in cattle meat, older than 72 months of age in fitness dairy cattle or older than 5 years in ovine or caprine livestock, and animals under 12 months of age in cattle or less than 6 months of age in ovine or caprine livestock they may only be grant up to 5 per cent of the total of these animals.
3. in accordance with the normative of the Union European, a time convened it helps by them communities autonomous, may welcome is to it same them holdings that made it repopulation by emptied health from it publication of it call, and those that it took within them three years earlier. Aid shall be paid within the period to provide for the applicable legislation of the autonomous communities, and that, in any case, it may not exceed 4 years from the date of the repopulation.
4. 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 no. 193, of 1 July 2014, pages 1 to 75.
Article 2. Definitions.
1. to them effects of this Royal Decree, will be of application them definitions planned in the article 3 of the law 8 / 2003, of 24 of April, of Health Animal, and in the article 2 of the Regulation (EU) No. 702 / 2014 of the Commission, of 25 of June of 2014.
2 also means as: a) sanitary drain: the compulsory slaughter of all animals present in a cattle vaccine, ovine or caprine species, decreed by the competent authority in case of suspicion or confirmation therein of bovine tuberculosis, bovine brucellosis, ovine and caprine brucellosis, Bluetongue and transmissible spongiform encephalopathies.
(b) afforestation: the first introduction of animal vaccine, ovine or caprine in a livestock farm, after health it and up to the formation of the flock emptying, which may not exceed the period of 12 months since the authorization of pets instructions laid down for that purpose by the competent authority.
Article 3. Beneficiaries.
They may benefit from the aid provided for in this provision the owners of farming which has been the health draining, and that they have made or will make the restocking of the holding, which at least meet the following requirements: to) commit themselves to maintain both exploitation as animals aim of the grant for a minimum period of two years except in exceptional cases determined by the competent authority, or force majeure, or, if they have already made the repopulation, keep them said term.
(b) commit themselves not to proceed with the repopulation until after a minimum period of quarantine for three months, and that restocking animals come from holdings qualified health, when they have not even made the repopulation. If already taken it out, that is has completed the period of quarantine issued by the competent authority, and that restocking animals have come from qualified health farms.
(c) not have cattle consideration of companies in crisis, or have it due to loss or damage caused by the Declaration of the disease and the consequent health emptying.
(d) be aware of the tax and Social Security.
(e) be livestock farms registered in state high in the register of livestock farms, as well as having the corresponding duly updated record book.
(f) comply with the corresponding minimum sectoral legislation in the area of management, welfare, identification, animal health, environment and hygiene.
(g) the requirements for consideration of SME according to annex 1 of the Regulation (EU) No. 702/2014 of the Commission of 25 June 2014.
Article 4. Eligible activity.
1. may be object of financing the purchase or the lease with option of buy, of animals of them species vaccine, sheep and goats, for the restocking of it exploitation.
2. them aid is granted to them shopping or leases with option of buy, made with previously or after to the presentation of the request, and may grant is to shopping or leases with option of buy of execution multiannual whenever is meets with it established in the article 57 of the regulation of it law 38 / 2003, of 17 of November General grant, approved by Royal Decree 887/2006, of 21 July.
Article 5. Submission of applications.
1. Requests for assistance shall be addressed to the competent body of the autonomous community where the exploitation, which will be the subject of repopulation, 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, or by electronic means , in the form that determine the community autonomous, in them terms established by the disposal end third, 3, of the law 11 / 2007, of 22 of June, of access electronic of them citizens to them services public.
2 must be accompanied, at least the following documentation: a) responsible Declaration to maintain both the holding and the animals object support for a minimum period of two years from the date of purchase.
(b) responsible statement not to proceed with repopulating until after a minimum period of 3 months quarantine from departure date to sacrifice animals object vacuum, or that if it has already been repopulated is accomplished or quarantine term issued by the competent authority, and that animals intended for restocking come or have come from qualified health farms.
(c) statement responsible for express of that the exploitation livestock not has the consideration of companies in crisis, or of that has acquired such condition due to them losses or damage caused by the Declaration of the disease and the emptied health consequent.
(d) accreditation to be aware of the tax and Social Security, through the certifications that are regulated in article 22 of the regulation of the law 38/2003, 17 November, General grant, approved by Royal Decree 887/2006, of July 21, on the way to establish the autonomous community in the relevant invitation to participate. Of not establish is available to the respect, is means that the mere presentation of the request entails it authorization to the organ awarding it get of form direct.
(e) statement responsible for compliance with the corresponding minimum sectoral legislation in the area of management, welfare, identification, animal health, environment and hygiene.
(f) supporting documentation status of SME of exploitation, which may consist of a head of the governing body of the requesting entity declaration.
(g) original or copy collated, certified or authenticated, invoice, invoice pro forms, contract of purchase or lease with option to purchase of the animals, or contract of identical legal effect.
(h) in its case, invoice of the sale to slaughterhouse or industry meat of the animals slaughtered.
(i) where applicable, copies of the policy in force of the safe agriculture of which concerned in exploitation or exercise that also cover the guarantee of livestock sanitation.
3. Requests may be submitted annually within the deadlines established by the autonomous communities in their respective announcements.
Article 6. Amount of aid.
1. the maximum aid amount will be the result of subtracting the total cost of acquisition or lease with option to buy, of animals, the amounts received by way of compensation for the compulsory slaughter of animals, the value perceived in the slaughterhouse or meat by the same, and the corresponding insurance should cover the policy the same object and purpose that the aid regulated by Royal Decree.
Also, the support is limited to the value of the 75 per cent of them animals slaughtered. To these effects, to determine the value of these animals, you can go to corresponding in each case depending on the applicable insurance annual combined agricultural insurance plan established under cover to the fifth article of the title II of law 87/1978, of 28 December, combined agricultural insurance.
In any case, the amount maximum by exploitation will be of 75,000 euros.
2. the State, through the Ministry of agriculture, food and environment, may subsidize to the 50 percent, depending on them availability budget, of the expenditure planned or made by them communities autonomous.
3. the maximum amount of the funding in the budgets of the State, through the Ministry of agriculture, food and environment, for the aid deriving from the application of this Royal Decree will depend on budgetary availability.
Article 7. Procedure and objective criteria of granting of the aid.
1. the aid provided for in this standard procedure is competitive.
That is why, in the granting of subsidies foreseen in this Royal Decree, be ordered requests according to their score, in accordance with the following objective criteria: to) have contracted insurance operation in the insurance lines scheduled for bovine, ovine or caprine livestock in the Plan of combined agricultural insurance for the year in question : 5 points. If you have contracted, in addition, livestock sanitation warranty: 5 additional points.
(b) livestock integrated grouping of health defense, cooperative or other associative form of the agricultural field: up to 5 points, depending on gradation that each autonomous community set.
(c) replenishment with purebred animals registered in the stud book: up to 5 points, depending on gradation that each autonomous community set.
In addition every autonomous community will have up to 10 points for rating the criteria deemed complementary to the criteria mentioned in this paragraph.
2 in the event that more than one application obtains the same score, will break the tie in favour of the applicant who has obtained the highest score in the letter a) of paragraph 1, and if you persist the tie will act similarly with the letters b) and (c)).
3. in all them cases, in the concession of aid is will attend to it established in the law 45 / 2007, of 13 of December, for the development sustainable of the half rural, so is will provide an attention preferential to them professional of it agriculture, and of them primarily to which are holders of an exploitation territorial, according to it established in it cited law , assigning is for both concepts a total of 5 points as a maximum. To these effects, will be farmers professional and holdings territorial which is are in the alleged planned in them paragraphs 3 and 4 of the article 16 of this law.
4. in the event that any beneficiary renounce the grant, the awarding body agreed, without a new call, grant support to the applicant or applicants following that score, provided with resignation sufficient credit is released to address at least one of denied requests.
Article 8. Call, statement, resolution and payment.
1. the competent bodies of the autonomous community where the application is submitted will make the call for grants, teach the procedure, resolve accordingly on the support connection, and shall notify this resolution within the period which the effect is set to the call, that in no case shall exceed six months from the publication of the call for aid.
2. also will correspond to such bodies payment of the grant, justified once the activity for which it was granted, as provided in article 12, and the realization of administrative checks and on-the-spot.
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 resolutions of the grants shall take into account budgetary availability and shall be expressly indicated what funds are derived from the General State budget.
Article 9. Territorial distribution of aid.
1. the Ministry of agriculture, food and environment will transfer to the autonomous communities, except to the autonomous community of the Basque country and the Comunidad Foral de Navarra given its specific regime of funding, the corresponding quantities to cater for the payment of subsidies regulated by Royal Decree, in accordance with budgetary availability and pursuant to article 86 of law 47/2003 , of 26 November, General budget.
Once formalized by the Council of Ministers the objective distribution criteria, as well as the distribution resulting, prior to commitment, must subscribe or approved the corresponding legal instrument which, upon favorable by the delegate intervention resulting competent control, will involve approval and commitment of expenditure, in accordance with the provisions of the third paragraph , points 1 and 2, of the agreement of Council of Ministers of 22 of February of 2013 by which is approve them instructions for the application of the article 86 of the Act General budget.
2. for each exercise is will establish, in accordance with them availability budget and taking in has, in its case, them remnants of them funds resulting to the end each exercise budget that is are in power of them communities autonomous, the quantity maximum corresponding to each community autonomous.
3. the remnants of funds resulting in the latest financial year in which it is to be granted the subsidy, that are held by the autonomous communities, will be used to enforce the outstanding obligations and the remaining that were not committed are refunded to the State.
Article 10. Accumulation of aid.
Without prejudice to provisions of article 26.13 of Regulation (EU) No. 702/2014 the Commission, June 25, 2014, the amount of subsidies regulated in this Royal Decree, in no case shall exceed, separately or concurrently with other grants or aid from other public administrations or entities, public or private, national or international, intended for the same purpose , or with the coming of regimes of assurance that cover the same object and purpose that the of the present aid, the cost of the repopulation.
Article 11. Duty of information.
Them communities autonomous shall forward annually to the Ministry of agriculture, food and environment, before the 1 of March of each exercise, them data relating to them aid granted the year previous.
Article 12. Justification of compliance.
The beneficiaries of subsidies must justify the fulfillment of the purpose for which they were granted and the application of the collected funds, upon presentation of the invoice and receipt of your subscription, the purchase or leasing with option to buy, of the animals, in the term established for this purpose the competent authority.
Article 13. Compatibility of the aid and modification of the resolution.
1. all alteration of them conditions dyed in has for the award of the grant may give place to the modification of the resolution of concession.
2. them grants planned in this Royal Decree will be compatible with any others that, for the same purpose and object, could establish other administrations public u others entities public or private, national or international. The beneficiary shall be required to communicate to management the total amount of other aid received, to ensure that as a whole they do not exceed the cost of the subsidised activity, which in his case will determine resolution of granting modification. The breach of this obligation will determine the reimbursement of the grant, in accordance with the letters e) and g) article 37.1 of law 38/2003 of 17 November, without prejudice to the sanctions that could go.
Article 14. Breach and returned.
1 failure to comply with the requirements for the grant of the subsidy, particularly non-compliance with the basic legislation in the field of environment, health, wellness, food or animal identification, irrespective of other responsibilities which the beneficiary would have incurred will result in the loss of the right to the granted subsidy, with obligation to reimburse amounts where appropriate perceived, increased with legal interest.
In case of breaches partial relating to them activities eligible, is proceed to the reduction proportional of the subsidies granted or paid.
2. in addition, proceed the reinstatement of perceived quantities, as well as the requirement of the interest of delay from the moment of the payment of the grant, in other cases provided for in article 37.1 of law 38/2003 of 17 November.
Article 15. Conditionality.
However, the granting of aid regulated by this 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 of the Commission, on June 25, 2014, on the website of the European Commission.
Sole additional provision. Supply of information.
The General State administration shall make available to the autonomous communities that request them, in accordance with provisions in the articles 6.2. b) and 9 of law 11/2007, of 22 June, citizens electronic access to public services, the data referred to in article 5.2. d) of the present Royal Decree, in electronic form.
Sole transitional provision. Application.
It willing in this Royal Decree shall be of application from the 31 of December of 2014.
Sole repeal provision. Repeal legislation.
Is repealed the Real Decree 864 / 2010, of 2 of July, by which is set them bases regulatory for it award of them grants for the repopulation of the exploitation in case of emptied health in the frame of them programs national of fight, control or eradication of the tuberculosis bovine, brucellosis bovine, brucellosis sheep and goats, language blue and encephalopathies spongiform communicable.
First final provision. 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.
Second final provision. Applicable regulations.
In all it not intended in this real Decree, the normative applicable will be the contained in the law 38 / 2003, of 17 of November, General of grants, and in its regulation approved by Real Decree 887 / 2006, of 21 of July.
Third final provision. Faculty of modification.
Empower the titular person of the Ministry of agriculture, food and environment, to modify the maximum period that the autonomous communities may establish deadlines for the submission of applications referred to in article 5(3).
Available to finish fourth. Entry in force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on February 13, 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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