supra-regional character of the phenomenon which is the subject of competition, it is not possible to split public activity on it and, even in this case, provided that such action cannot be (a) to be exercised by means of cooperation or coordination and, therefore, require a degree of homogeneity which can only guarantee its attribution to a single holder, necessarily the State, and where it is necessary to have recourse to a supra- ability to integrate competing interests of its partial components, without forgetting the imminent danger of irreparable damage, which places us in the field of state of need (STC 102/1995, 26 June, FJ 8) "(STC 35/2012, FJ 5, by appointment of STC 194/2011, FJ 5)".

Article 149.1.13. EC may, in certain cases, justify the reservation of executive functions to the State and also permit the use of supra-land as a title to the State, but for the purposes of (a) it is possible to be considered in accordance with the competition law two conditions must be fulfilled: that the action in question must be reserved for the State to ensure that the purpose of economic planning is completed; is pursued, which could not be achieved without such a reservation, and, on the other hand, that the use of Supra-land criterion is justified in the terms of our doctrine, that is, taking into account both the reasons provided and the congruence of the reserve of the function with the rule of the norm.

Well, in the present case, territorialization is impossible, since, on the one hand, although the regulatory bases are common to all sectors of production, the calls must be made in a differentiated way. for each of them, brought together as many producers as possible. The aim is to form broad groupings covering the largest possible area of territory capable of positioning the Spanish production sector in a position to compete in the European environment, on a level playing field.

Thus, to ensure the full effectiveness of the measures within the basic management of the sector, and to guarantee the same possibilities of obtaining and enjoyment by their potential recipients throughout the territory In order to avoid the overall amount of European Union and state funds devoted to the sector, the centralised management of the funds allocated to the grants referred to in the budget is foreseen, as well as to avoid the overall amount of the funds allocated to the sector. present standard. This centralised management is also precise, given that, since it is a supra-autonomic option, the administrative activity cannot be divided into several autonomous communities, nor is it possible that this activity will be carried out by means of mechanisms for cooperation or coordination, by requiring a degree of homogeneity in implementation which can only guarantee its attribution to a single holder, which must necessarily be the State. In accordance with the foregoing, by means of this royal decree, pursuant to the provisions of Articles 17 and concordant of Law 38/2003 of 17 November, General of Grants, the regulatory bases of these grants.

For the rest, in relation to the rule of law and in accordance with the established constitutional case-law (STC 175/2003 of 30 September, or STC 156/2011 of 18 October) it is necessary to establish its regulation by means of real This is a basic regulation of state competition. Indeed, from the formal point of view, the Constitutional Court's doctrine requires the establishment of the regulatory bases for grants by royal decree in cases where it is invoked, as is the case here, a basic competence, respecting what is has been given in the name of formal basicality. Thus, in its judgment 156/2011 of 18 October (FJ 7), it is stated that ' with regard to the formal perspective, the subvencional regulation in question must also satisfy the formal requirements of the basic rules contained in the previously reproduced STC 69/1988, FJ 5. From this formal perspective, it is necessary to start from the fact that in the areas of shared competence in which, as in this case, it is up to the State to establish the basic norms and the autonomous communities the normative development and the implementation of these bases, the implementation of the subsidized programs must be made with the support of the formal law whenever possible, or, in any case, through the regulatory norm of the government that regulates the central aspects of the the legal system of grants, which must include at least the purpose and purpose of the aid, its mode or technical modalities, the beneficiaries and the essential requirements for access .... This criterion regarding the formal coverage of the basic regulation must be demanded, even with greater rigour, in the cases of state subsidies centralized in the material areas in which the Constitution reserves the State (a) basic management, since such centralised management is an exception which limits the ordinary exercise by the autonomous communities of their powers. "

This royal decree is dictated by the article 149.1.13. of the Spanish Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

This aid scheme is financed through the National Programme for Rural Development, financed by 80% by the European Union, from the European Agricultural Fund for Rural Development (EAFRD), and the remaining 20% by the European Union. Spanish State, through the Budget of the Spanish Agricultural Guarantee Fund (FEGA).

In the procedure for drawing up this provision, the autonomous communities and the entities representing the interests of the sectors concerned have been consulted, and they have issued their mandatory reports. of the State and the Delegated Intervention.

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 October 7, 2016,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this royal decree is to lay down the rules governing the granting of aid, on a competitive basis, for the promotion of the creation of officially recognised producer organisations in the sector. agricultural area of supra-regional level, as described in measure 9 contained in the 2014-2020 National Rural Development Programme, submitted by the Spanish State to the European Commission in accordance with the provisions of the Regulation (EU) No 1305/2013, of the Parliament and of the Council of 17 December 2013 on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005.

2. The main objective pursued by this measure is to improve the competitiveness of primary producers by integrating them into the a as forecasts of actions or unique measures that are necessary to achieve the proposed objectives within the management of each sector, highlighting that " ... in the field of agriculture and animal husbandry, being the specific competence of the autonomous communities ... the State may intervene by virtue of its general powers on the general management of the economy ".

The doctrine on the use of supra-land as a criterion for the allocation of powers to the State is recalled in STC 27/2014 of 13 February, FJ 4, in the following terms: The principle of subsidiarity is a determining criterion for the allocation or transfer of the ownership of powers to the State in areas, in principle, reserved for the autonomous powers, in accordance with our doctrine, which may only take place " where no connection point allowing the exercise to be established (a) of the autonomous powers or where, in addition to the the call. provided for in Law 39/2015 of 1 October.

The call for support may be sectoral, so that a specific sector is carried out for each sector that has national regulation that allows for the recognition of the OPs, or an understanding of several or all sectors.

2. The application for aid shall be accompanied by the following documentation:

(a) Business plan containing at least the information set out in Article 5 and in Annex II. This business plan shall be reviewed by the instructor body provided for in Article 8, which may request additional clarifications.

b) A statement responsible for not being found incurs the OP in any of the assumptions of article 13.2 and 3 of Law 38/2003, of 17 November, General of Grants, as well as of not having the consideration of company in crisis, no aid financed by the European Agricultural Fund for Rural Development (EAFRD) is to be recovered, according to the model to be set out in the relevant call. However, this declaration shall not include the part concerning compliance with the tax obligations and with social security, which shall be governed by the provisions of the first subparagraph of paragraph 3 of this Article.

(c) a responsible statement of the requesting entity stating that it has not received aid for the same purpose and purpose from the Regional Rural Development Programmes or any other grants; aid, revenue or resources which may be granted by other public authorities, public authorities attached or dependent on them, both national and international, and other natural or legal persons of a private nature, according to a model which set out in the relevant call.

d) Certificate of registration of the producer organisation in the corresponding register of the Ministry of Agriculture, Food and Environment, including the date of recognition of the OP.

e) Documentation showing the status of SMEs under Commission Recommendation 2003 /361/EC of 6 May 2003 on the definition of micro, small and medium-sized enterprises (Official Journal L 124, 20.5.2003

.

(f) Certification issued by the competent authority which has recognised the OP, concerning compliance with the scope of supra-regional action by the requesting entity, in the terms prescribed in Article 2 (b) indicating the autonomous communities in which the OP has members with production activity, for the purpose of assessing the criterion set out in paragraph 1 of Annex III.

(g) Documentation showing the value of the marketed production for the purposes of assessing the criterion set out in paragraph 2 of Annex III. For this purpose, the sum of the total of the production marketed by all the members of the OP in the financial year preceding that of the application shall be deemed to be marketed. The call will specify the required documentation.

(h) List of the code of the Register of Livestock Holdings (REGA) provided for in Article 3 of Royal Decree 479/2004 of 26 March 2004 establishing and regulating the General Register of livestock holdings, or of the General Register of Agricultural Production as laid down in Article 5 of Royal Decree 9/2015 of 16 January 2015 governing the conditions for the application of the Community rules on hygiene in primary agricultural production holdings of the members of the PO at the time of the application, for the purpose of assessing the criterion set out in paragraph 3 of Annex III.

i) Documentation showing the value of the production marketed jointly by the applicant OP, in the period immediately preceding the application for aid, equivalent in duration and time of year to the deadline of implementation of the first annuity of the business plan for the purpose of assessing compliance with the milestone set out in point 3.b of Annex II and the criterion set out in paragraph 4 of Annex III. The call will specify the required documentation.

j) Bylaws of the requesting entity.

k) Communication from the current account in which the grant will be entered if it is granted.

l) Documentation that accredits the representation of the OP held by the applicant.

m) Pursuant to Article 71 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013, a commitment document from the applicant shall be provided to assist in the monitoring and evaluation of the achievements of the National Rural Development Programme with the following text:

" The undersigned, representative of the applicant for a grant (Company name/entity XXXXXXX), convened by (name of the CONVOCATION) and regulated in its basic aspects by the Royal Decree 350/2016, of 7 of October, declares:

What is known about its obligations under Article 71 of Regulation (EU) No 1305/2013 and therefore undertakes to provide data and any non-confidential information necessary for the analysis of the contribution of the activities it will carry out in a subsidised manner to the objectives and priorities of the National Rural Development Programme, if the grant is granted to it.

That this data and information shall be provided within a maximum period of 15 days, when required by the agencies responsible for the implementation of the National Rural Development Program or the auditors designated by them.

That this input of data and information will be addressed whether it is required in a written form or through a face-to-face or telephone survey. "

3. The application for aid involves the authorization to the Ministry of Agriculture, Food and the Environment and to the FEGA, in order to obtain from the Tax Agency and the General Treasury of Social Security, information regarding compliance with the tax and social security obligations. However, the applicant may expressly refuse consent, and must provide the relevant certificates together with the application.

In addition, the application shall contain the express authorization to the instructor to verify the identity data of the legal representative of the requesting entity, through consultation with the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006 to abolish the provision of photocopies of identity documents in the administrative procedures of the General Administration of the State and its linked or dependent public bodies. If the person does not give his consent, he/she must provide photocopy of the document or identity card, as provided for in the aforementioned article. The power of the applicant, sufficient and subsisting, shall also be accredited.

4. If the documentation provided does not meet the required requirements, the person responsible shall be required to, within 10 working days of the day following the day of receipt of the requirement, remedy the lack or accompany the required documents, with a warning that, if you do not do so, you will be given a withdrawal of the application, upon resolution, in accordance with Article 68 of Law 39/2015 of 1 October.

Article 8. Procedure instruction.

1. The management and instruction of the procedure s the Common Administrative Procedure of Public Administrations.

The time limit for the submission of aid applications shall be that laid down in the relevant call and, if not established, the period of 20 working days from the day following that of the publication of the aid extract from the call in the "Official State Gazette".

The electronic submission of the request for assistance, as appropriate, as well as the additional documentation specified in the respective calls, shall be made in accordance with the terms of, according to the model established in the a corresponding call, and in accordance with the provisions of Article 30 of Law 38/2003 of 17 November.

Payment requests may also be submitted by electronic means.

2. The payment of a single annuity of the business plan of the OP, as set out in Article 6, may be requested only in the same financial year.

3. The time limit for the submission of the application and the supporting documentation for the payment shall be set out in the call for the aid concerned, without prejudice to the following paragraph of the documentation.

4. For the payment request, it will be presented:

(a) Certification of the competent authority which has recognised the OP, relating to the maintenance of the area of supra-regional action of the OP.

(b) a responsible statement of the requesting entity stating that it has not received aid for the same purpose and purpose from the Regional Rural Development Programmes or any other grants; aid, revenue or resources for the same purpose and purpose, which may be granted by other public authorities, public authorities attached or dependent on them, both national and international, and other natural or legal persons private nature, depending on the model to be established in the relevant call.

(c) A statement responsible for not being found incurs the OP in any of the assumptions of Article 13.2 and 13.3 of Law 38/2003 of 17 November, according to the model to be established in the corresponding call.

(d) If more than six months have elapsed since the issue of the certificates to be aware of the tax and social security obligations or of their verification, as provided for in Article 7.3, the Submission of the application for payment implies the authorisation to the Ministry of Agriculture, Food and Environment and to the FEGA, in order to obtain from the Tax Agency and the General Treasury of Social Security, information relating to the compliance with the tax and social security obligations. However, the applicant may expressly refuse the consent, and the corresponding certificates must be provided together with the application for payment.

e) An update of the number of farms and the members of the OP.

f) Presentation of a memory where the degree of achievement of the annual milestones indicated in the business plan for the annuity for which the payment is requested is valued, according to the annuities whose extension will be established in the call for assistance. The costs associated with the implementation of the business plan should be reflected annually in this memory, with a view to its contribution to the achievement of the objectives set out in the business plan.

g) A final memory that allows to assess the degree of final compliance of the objectives presented, in the case of the payment request corresponding to the last annuity.

h) A certification issued by an independent audit registered in the Official Register of Auditors of the Ministry of Economy and Competitiveness, in which the degree of compliance of the business plan is verified the corresponding annuity set out in Article 6 for which the payment is requested and which also reflects the value of the production marketed during the period and duration of the annuity of the business plan preceding that in which it was requests the payment.

i) A single account certificate in which to make the aid income.

j) Documentation to justify the fact that the beneficiary is still adjusting to the definition of SMEs.

However, the FEGA may require additional supporting documentation, for duly justified reasons.

Article 12. Graduation of the payment.

1. The aid shall be subject to compliance with the annual milestones of the business plan, which shall be justified annually by the delivery of the memory and certification of the independent audit referred to in Article 11.

2. The amount of the aid to be received shall be established on the basis of the degree of compliance with the set of milestones set out in the business plan. To determine this degree of compliance, the level of compliance of each milestone shall be taken into account, considering the weighting of each milestone to the objectives of the business plan, as provided for in paragraph 5 of Annex II.

According to the above, the amount of the help will be set as follows:

(a) It shall be required to charge 100% of the grant awarded, a degree of compliance with the business plan submitted with the application for at least 80%.

(b) If the degree of compliance is less than 50%, it is understood that the necessary conditions have not been met and, therefore, the aid granted is not justified, and the payment shall not be made.

c) If the degree of compliance is greater than or equal to 50% and less than 80% the aid will be reduced proportionally.

3. Upon completion of the business plan, the final payment shall be subject to the degree of final compliance with the objectives presented, on the basis of the final memory presented by the beneficiary and the independent audit report of the beneficiary. In any case, the same graduation as in paragraph 2 shall apply.

4. The provisions of this Article shall always be without prejudice to cases of force majeure or exceptional circumstances within the meaning of Article 2.2 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

Article 13. Business plan modifications.

1. Any modification of the business plan shall be communicated to the EFGA, the entity of the aid, for the relevant decision.

In any case, the following conditions and limitations shall be taken into account for their eligibility:

a) No modifications will be allowed to alter the final objective of the Business Plan.

b) No modifications that result in a change of beneficiary will be accepted.

(c) No amendments affecting compliance with the requirements of the beneficiaries set out in Article 4 shall be permitted, nor shall they entail a reduction in the score obtained on the valuation criteria below 13 points.

(d) No amendments shall be permitted to extend the period of implementation of the Business Plan or to increase the amount of aid approved for each annuity of the Business Plan.

2. The beneficiary may request the amendment up to two months before the deadline for the submission of payment applications.

3. Beneficiaries may request the modification of their business plan, provided that it does not entail a significant deviation from the milestones that impact more than 10% of each final target to be achieved, and not more than once in each execution period.

4. Irrespective of the provisions of this Article, the FEGA may, exceptionally, approve amendments to the grant resolution which do not comply with the conditions s has postponed its effects to a later date, in which case it shall be six months after that date.

7. The resolution of the aid will be communicated to the National Database of Grants, in accordance with Articles 18 and 20 of Law 38/2003, of 17 November.

Article 11. Requests for payment, time and justification.

1. Payment applications shall be filed with the FEGA, in the General Register of Beneficencia Street, n. 8, Madrid, or any place provided for in Article 16.4 of Law 39/2015 of 1 Octoberin appropriations, remuneration, or other personnel costs.

Final disposition first. Applicable rules.

In all cases not provided for in this royal decree, Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on Regulation (EU) No 1306/2013 of the European Parliament and of the Council shall apply. of 17 December 2013, and its implementing and implementing rules, as well as Law 38/2003 of 17 November, and its Rules of Procedure, adopted by Royal Decree 887/2006 of 21 July.

Final disposition second. Competence title.

This royal decree is dictated by the provisions 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 the activity. economic.

Final disposition third. Ability to modify.

The Minister of Agriculture, Food and the Environment is empowered to amend Annex I in order to update its content.

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 October 7, 2016.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Producer organizations

1. Royal Decree 1972/2008 of 28 November on the recognition of fruit and vegetable producer organisations.

2. Royal Decree 1363/2012 of 28 September 2012 regulating the recognition of milk producer organisations and inter-branch organisations in the dairy sector and establishing their conditions of employment.

3. Royal Decree 969/2014 of 21 November 2014 regulating the recognition of producer organisations, the extension of rules, contractual relations and the communication of information in the raw tobacco sector.

4. Royal Decree 233/2002 of 1 March 2002 regulating the recognition of producer groups of live plants and floricultural products and establishing measures to support their formation and operation.

5. Royal Decree 970/2002 of 24 September on the recognition of groups of producers of potatoes for consumption, not intended for the fertilising industry, and a number of measures to support them are laid down.

ANNEX II

Business Plan

The Business Plan should include at least the following aspects:

1. Presentation and definition of the activity of the Organization of Producers, or memory of its activity, detailing, in particular the actions that the OP carries out or, where appropriate, intends to carry out, in the field of innovation and improvement of the environment environment.

2. Description and number of holders of agricultural holdings belonging to the producer organisation.

3. Enumeration and planning of the objectives to be achieved by the OP, which will have to understand at least the one provided for in Article 4.3. The planning of these objectives shall be carried out by the establishment of a series of partial, annual, objective and quantifiable milestones, in accordance with the following conditions:

a) A minimum of 3 milestones and a maximum of 5, quantifiable and easy to measure by objective indicators that allow to estimate, with a numerical rule, the degree of compliance of the same for each annuity of the Business plan. The Business Plan will have a maximum duration of five annuities, the extension of which will be established in the corresponding call for aid.

(b) At least, an increase in the volume or value of the production jointly marketed by the OP at a minimum rate of 5% in respect of the immediately preceding annuity shall be recognised as a milestone. For the first annuity of the Plan, that percentage shall be calculated in respect of the value declared in the aid application, as laid down in Article 7.2. (i) For all other annuities the calculation shall be made on the basis of the volume or value of the marketed production at the same duration and time of year of the annuity of the business plan of the year in which the payment is requested, and the year before.

(c) As provided for in point (a), at least two additional milestones which are of an annual, objective and quantifiable nature, such as the following or others, shall be included:

1. ° Percentage increment of the number of members.

2. The completion of joint actions by all members of the OP, other than joint marketing, especially those that contribute to the objectives of innovation and improvement of the environment.

3. Integration into an Association of Producer Organisations, recognised in accordance with the provisions of Article 156 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the the common organisation of the markets in agricultural products is hereby established and Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 shall be

.

4. An annual indicative schedule of the actions to be undertaken will be included, with the programming of the milestones to be achieved, the approximate budget for each annual stage and at the end of the implementation of the Plan.

5. In addition, the percentage or weighting, over a total of 100, of the contribution of each milestone set annually, shall be given to the objectives of the Business Plan.

6. Forecasts for the marketing of the OP (annual and at the end of the Plan). This forecast should be worth at least EUR 1 million. In the case of the dairy sector, when the Plan is finalised, this amount must be 100% of the production of the members.

7. Plan of organization and management of the OP.

8. Economic and financial plan.

9. Expected human resources.

10. Market Studies and Marketing Plan.

ANNEX III

Selection Criteria

1. Number of Autonomous Communities in which members participating in the OP are deployed (maximum 10 points):

a) Between 2 and 4 Autonomous Communities: 5 points.

b) Between 5 and 6 Autonomous Communities: 7 points.

c) Equal to or greater than 7 stand-alone communities: 10 points.

2. Value of marketed production (maximum 10 points):

a) Between 1,000,000 € and 7,000,000 €: 5 points.

b) Between € 7,000,001 and € 13,000,000: 7 points.

c) Equal or greater than € 13,000,001: 10 points.

3. Number of holdings to integrate OP (maximum 10 points):

Your unit of measurement is variable to take into account the reality of different sectors.r the terms and conditions laid down in Law 19/2013 of 9 December of transparency, access to public information and good government.

Furthermore, the provisions laid down in the rules on information and advertising, as detailed in Annex III to Commission Implementing Regulation (EU) No 808/2014, shall be complied with as a co-financed action by the Commission. the EAFRD.

Single additional disposition. Containment of the expense.

The provisions of this royal decree will not entail an increase So:

-Equal to or less than 50: 1 point.

-Between 51 and 100: 2 points.

-Between 101 and 300: 3 points.

-Between 301 and 600: 4 points.

-Between 601 and 900: 5 points.

-Between 901 and 1,200: 6 points.

-Between 1,201 and 1,500: 7 points.

-Between 1,501 and 1,800: 8 points.

-Between 1,801 and 2,100: 9 points.

-Equal or greater than 2,101: 10 points.

Therefore the minimum score will be 1 point and the maximum score of 10.

4. Business Plan breadth and depth (maximum 10 points):

(a) Increase in the volume or value of production jointly marketed by the OP in a percentage greater than 5%: 4 points will be allocated to the business plan, which provides for a further increase at the end of the plan, and 0 points to the which does not provide for an increase of more than 5%, and the remainder shall be allocated proportionally.

b) Increase in number of members by a percentage greater than 5%: 2 points will be allocated to the business plan which provides for a further increase at the end of the plan, and 0 points to which it does not provide for an increase of more than 5%. The remainder will be scored proportionally.

c) Realization of joint actions by all members of the Organization of Producers, other than joint marketing, especially those that contribute to the objectives of innovation or improvement of the environment environment:

1. A maximum of 2 points will be allocated to joint actions contributing to the objective of innovation or improvement of the environment, provided that, in the case of the environment, the actions are not the necessary ones. by the regulations. If no joint actions were presented in this field, or these were irrelevant at the discretion of the assessment committee, the score obtained would be zero points.

2. º 1 point shall be allocated for the integration of the OP into a recognised Association of Producers ' Organisations (AOP) as provided for in Article 156 of Regulation (EU) 1308/2013, of the European Parliament and of the Council of 17 December 2013. In case the OP was not integrated into an AOP, it would receive zero points for this concept.

3. A maximum of 1 point will be allocated for other joint actions, provided that they are particularly relevant and have a clear impact on the activity of the OP. If no joint actions were presented in these areas, or these were irrelevant at the discretion of the assessment committee, the score obtained would be zero points.