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Order Pre / 126 / 2012, Of 20 Of January, By Which Is Set Them Bases Regulatory Of The Concession Of Grants Of The Administration General Of The State To The Subscription Of Them Safe Agricultural Included In Them Plans Annual Of Safe Agricultural...

Original Language Title: Orden PRE/126/2012, de 20 de enero, por la que se establecen las bases reguladoras de la concesión de subvenciones de la Administración General del Estado a la suscripción de los seguros agrarios incluidos en los Planes anuales de Seguros Agrarios ...

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Law 87/1978 of 28 December 1978 on combined agricultural insurance and the Regulation implementing it, approved by Royal Decree 2329/1979 of 14 September 1979, contain the general aspects to be taken into account in the granting of subsidies for the subscription of combined agricultural insurance.

The Annual Combined Agricultural Insurance Plan approved for each financial year by the Council of Ministers Agreement, is configured, as a complement to these bases, by determining in itself, among other aspects, the different percentages. The aid granted to farmers, livestock farmers, aquaculture farmers or forestry producers who ensure their production under the combined agricultural insurance scheme.

The granting of subsidies by the General Administration of the State to the cost of insurance to be paid to insured persons benefiting from the combined agricultural insurance system is considered to be a basic instrument in the development of an agricultural management policy. For this reason, and in order to ensure their effectiveness and equality in the allocation of the benefits among the potential recipients of the aid, these grants must be managed centrally, in accordance with the Court's doctrine. Constitutional collection in the judgment 2012/2005 of 21 July.

In the Combined Agricultural Insurance Plans, the criteria of preference are laid down in the allocation of grants, as laid down in Law 87/1978 of 28 December, of Agricultural Insurance Combined; in Law 19/1995, of 4 July, for the Modernization of Agricultural Holdings, and in Law 45/2007 of 13 December for the Sustainable Development of the Rural Environment, and the role of the "Organizations and Groups" in Community Policy ".

The definition of the risks included in the Combined Agricultural Insurance Plan will be made taking into account the forecasts laid down in the Community Guidelines on State Aid to the Agrarian and Forestry Sector in the on compensation for damage to production or to the means of agricultural production.

In its virtue, on the joint proposal of the Minister of Economy and Competitiveness and the Minister of Agriculture, Food and Environment, I have:

Article 1. Object.

1. The purpose of this order is to establish the regulatory basis for competitive concurrency of the contributions of the General Administration of the State to the payment of the cost of insurance of insured persons who subscribe to insurance corresponding to the lines included in the Annual Plans of Combined Agricultural Insurance approved by the Council of Ministers Agreement, and made public by Resolution of the Undersecretary of the Ministry of Agriculture, Food and Agriculture Environment, and whose policies, technical bases and tariffs comply with the existing legislation on private insurance, in general, and agricultural insurance combined, in particular, and have been supervised by the Ministry of Economy and Competitiveness, as provided for in that legislation.

2. The total estimated total amount of aid for each financial year shall be fixed in the annual call for aid, as approved in the relevant Agrarian Insurance Plan, indicating also the budgetary implementation, according to the General Budget of the State for the year in question. The granting of the aid shall be conditional on the existence of adequate and adequate credit at the time of the decision of the concession.

3. The grants referred to in this rule shall not apply to insurance policies contracted by insured persons who, in accordance with Article 2 of Law No 30/1992 of 26 November 1992, of the General Administration of the European Communities, Public and the Common Administrative Procedure, have the consideration of Public Administrations.

Nor shall they be applicable in insurance policies contracted by large companies and companies engaged in the processing and marketing of agricultural products, in accordance with the provisions of the current Guidelines. Community on State Aid to the Agricultural and Forestry Sector.

For the purposes of identifying large enterprises, account shall be taken of the definition of small and medium-sized enterprises contained in Annex I to Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises, with the exception of cooperative societies and non-profit-making associations, which may be eligible for such subsidies, is its dimension.

4. The aid provided for in this order is compatible with those laid down by the autonomous communities for the subscription of agricultural insurance, provided that the ceiling on aid does not exceed that laid down in the current guidelines. Community on State Aid to the Agricultural and Forestry Sector.

Article 2. Grant application.

1. The formalization of the corresponding policy or insurance contract by the insured, or the taker on your behalf, will have the consideration of the grant application, as long as it is carried out within the subscription periods established by the Ministry Agriculture, Food and Environment and is correctly completed, or has been remedied, if necessary, by the Spanish Grouping of Insurance Entities of Agricultural Insurance Combined, S.A. (hereinafter AGROSECURE), both in respect of the elements of the contract, in accordance with the provisions of the applicable rules, and as regards all the data necessary for the determination of the corresponding subsidy to the subscribed policy.

2. The insured person may waive the grant provided for the insurance contract. To do so, you must enter it in the policy at the time of the contract. The waiver of such a grant shall not be accepted after the policy has been formalised.

3. In the case of renewable insurance policies, the grant application consideration will be granted to the insurance policy initially subscribed, together with the payment receipt of the corresponding annuity. It shall be presumed that the payment of the receipt of the policy constitutes the manifestation of the acceptance of the conditions of insurance and of the concurrency of the requirements for the collection of the corresponding grants.

4. The procurement of the insurance policy constitutes a declaration by the insured party that it meets the requirements of the regulatory rules on subsidies and public aid, in accordance with Articles 13 and 14 of Law 38/2003, of 17 November, General of Grants; which has not been the subject of a firm administrative or judicial resolution of drawback, or which, if necessary, has been made the corresponding income; and that it has the documents that justify the fulfillment of the requirements for the award of grants required in this order, as well as those laid down in the corresponding call.

5. In accordance with the provisions of the second Royal Decree 887/2006's second transitional provision, of 21 July, approving the Regulation of Law 38/2003 of 17 November, General of Grants, in relation to the Resolution of 28 of April 1986 of the General Secretariat of Finance, the policyholders are exonerated from the requirement of filing, at the time of the formalization of the policy, of certification for accreditation of the tax obligations and with the Social Security.

Article 3. Grant percentages.

1. The amount corresponding to the State contribution to the insurance payment shall be determined in the Annual Plan for Agricultural Insurance and in the call for grants.

2. The State contribution to the insurance payment will be made up of five instalments of subsidy, called the following order: "base subsidy", "additional grant for collective procurement", "additional grant according to the characteristics of the insured", 'additional contract renewal grant' and 'additional subsidy for risk reduction practices and productive conditions'.

3. The conditions for access to the different types of subsidy will be determined in the corresponding call, as provided for in the Annual Plans for Agricultural Insurance, taking into account the following:

(a) The "base grant" shall apply to all policies subscribed to.

(b) The "additional grant for collective procurement" shall apply to policies contracted by insured persons integrated into groups consisting of policyholders registered in the State Entity of Agricultural Insurance (hereinafter ENESA).

(c) The "additional grant according to the characteristics of the insured" shall be applied in all policies whose holder complies with the requirements set out in the Annual Plan of Agrarian Insurance and in the call for the grants.

(d) The "additional contract renewal grant" shall apply in those policies the holder of which has contracted insurance for the same production in the year or in the previous two years, in such a way that the policy subscribed to have equal or greater coverage than previous ones.

e) The "additional subsidy for risk reduction practices and production conditions" shall apply to those insurance policies for which any of the requirements to be set out in the Annual Plan are met. In the case of Agrarian Insurance and the call for these grants.

For the purposes of applying the grant percentages established for the "additional grant according to the characteristics of the insured", they may also be eligible for such grant, those insured persons who are persons (a) legal or community goods in which at least 50% of its members or community members comply, individually, with the requirements to be laid down for the receipt of such a grant, and provided that the insured production corresponds to the at least 50% of the total insured, and must be included in the production in the same insurance declaration.

In the case of limited or anonymous companies, it shall also be required that they have as their principal object the exercise of the agricultural activity on the holding of which they are the holders and that the shares or shares of their shareholders are nominative.

4. The grant percentages to be applied in each of the tranches will vary according to the insurance line or modality that the insured has contracted, and will be determined in the corresponding Agrarian Insurance Plan and the call for grants.

5. For insurance policies corresponding to producer organizations and cooperative societies, as well as those contracted by associative entities of farmers, cattlemen, fish farmers and forest owners, for joint insurance of the production of its partners, a single grant will be applied, according to the insurance line, which will be established in the corresponding Agrarian Insurance Plan and in the call for grants.

6. For policies contracted under the comprehensive insurance scheme of the holding, an additional grant shall be applied, provided that the conditions set out in each call are met, if this is established in the corresponding Plan for Agrarian Insurance.

Article 4. Modulation.

1. For the purposes of determining the subsidies in the policies contracted in the Combined Agricultural Insurance Scheme, a modulation coefficient shall be applied to each farmer or farmer defined as that natural or legal person or group of persons. natural or legal entities, irrespective of the legal form of the group or its members, the holding of which is in the Spanish territory, and is the holder of the insurance, for each of the policies it contracts.

2. The modulation coefficients to be applied to each insured person shall be fixed by ENESA on the basis of the total amount of agricultural insurance subsidies received in the last available fiscal year. The specific criteria for the application of this coefficient shall be determined in the relevant call.

3. An amount, to be fixed for each call in accordance with the Annual Plan of Agricultural Insurance Combined, shall be allocated to finance measures for the promotion and dissemination of agricultural insurance. The remaining amount will be included in the budget concept for agricultural insurance subsidies.

4. Funds from modulation intended for actions to support the sector through dissemination and information actions directly directed at farmers, to be carried out by the agricultural and cooperative professional organizations, Members of the General Committee of ENESA shall be regulated by the resolution of the President of ENESA.

Article 5. Criteria for the allocation of grants.

For the application of the grants regulated in this order, the following criteria shall be taken into account:

(a) The subsidy rates applicable in each of the tranches shall be fixed in the call, in accordance with the Annual Plan for Agricultural Insurance Combined. Grants awarded may not exceed the percentages laid down in the existing Community Guidelines on State Aid to the Agricultural and Forestry Sector.

(b) The State contribution to the payment of the cost of insurance corresponding to the supplementary insurance policies and the extension of guarantees, in those lines of insurance in which they are established, shall be determined by following the same criteria used for the allocation of the main insurance grants.

(c) The grant established by collective procurement shall apply to insurance declarations integrated into collective policies, subscribed by cooperatives and their groupings, and by farmers ' organisations and associations, farmers, farmers and forest owners, provided that they are legally constituted and have the legal capacity to contract as a policyholder, by themselves and on behalf of their associates, and are registered in the Register of Tomadores for the collective procurement of agricultural insurance combined, established, effect, in the State Agrarian Insurance Entity.

(d) The percentage of the subsidy shall be applied to the cost of the insurance once deducted, in the form and amounts established, the corresponding allowances and discounts, fixed in the rules governing each insurance line.

e) Corresponding to the taker, in the case of collective policies, or to the insured, in the case of individual policies, the payment of the difference between the cost of insurance and the grants that correspond to AGROSECURE, entity which is responsible for managing agricultural insurance.

(f) The insured person shall, at the time of the hiring, present the policyholder, in the case of collective policies, or possess, in the case of individual policies, the supporting documentation specified in the call for grants.

g) The policyholder, in the case of collective policies, or the insured, in the case of individual policies, shall keep a copy of the documentation referred to for a period of five years from the date of recruitment of the policy, which must be made available to ENESA, if required.

Article 6. Instruction and resolution.

1. The competent authority for the instruction and organisation of the grant award procedure shall be the General Secretariat of ENESA.

2. The President of ENESA, or the Director of ENESA, by delegation, shall decide on the requests made within a period not exceeding six months from the receipt of the request in ENESA.

Resolutions may be consulted by interested parties on the ENESA website.

3. The decision may be brought before the Minister for Agriculture, Food and the Environment within one month.

4. In accordance with Article 17.3.l) of Law 38/2003 of 17 November, the amendment of the resolution may result in any alteration of the conditions under consideration for the grant of the grant.

Article 7. Control, sanctioning regime and reimbursement of subsidies.

1. The insured beneficiaries of the grants are required to provide ENESA and, where appropriate, the Court of Auditors, with all data and information relevant to the due control of the grants.

2. Insured persons, for the purpose of contracting the agricultural insurance policy, authorise ENESA to, if necessary, and in order to verify compliance with the requirements, be able to request the transfer of information to other administrations, by computer or telematic means, whether or not they are aware of their tax obligations, as well as any other information enabling them to certify compliance with the requirements for obtaining the Regulated grants.

In order to improve the system for the control of subsidies, ENESA will also be able to conclude collaboration agreements with the autonomous communities for the exchange of information on contracted policies.

3. Failure to comply with the requirements laid down in this order and other applicable rules shall give rise to the obligation to reintegrate, in whole or in part, the corresponding grants and legal interests, in accordance with the provisions of the Article 37.1 of Law 38/2003 of 17 November.

4. For the purposes of the control of grants, the policyholder, in the case of collective bargaining policies, or the insured person, in the case of individual policies, shall be responsible for administrative infringements in the field of grants and shall be subject to the penalties provided for in Title IV of Law 38/2003 of 17 November.

5. Grants may not be awarded to those who are not subject to the payment of repayment obligations, as provided for in Article 13.2 of Law 38/2003, General of Grants, in accordance with the terms laid down in Article 21 of the Regulation of Development of the aforementioned law, approved by Royal Decree 887/2006, of July 21.

6. The body responsible for the instruction of the sanctioning procedure shall be the Area of Management, Promotion, Control and Inspection of Aid of ENESA, corresponding to the Resolution to its President.

Final disposition first. Call for assistance.

The President of the State Agrarian Insurance Entity or organ to whom he has delegated, shall convene such aid, establishing the grant percentages applicable to each grant tranche, as approved in the Annual Plan. of Agrarian Insurance, as well as the specific requirements for access to each type of grant, and the procedure for controlling them, in accordance with the provisions of the aforementioned Plan.

Final disposition second. Entry into force.

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

Madrid, January 20, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.