The reform of the Common Agricultural Policy in 2013 recognised the important role that producer organisations and their associations can play in the concentration of supply, the improvement of marketing, adaptation of production to demand, the optimization of production costs, the promotion of good practices and the management of by-products, among others, thus contributing to strengthen the position of producers in the value chain food.

For these purposes, it was necessary to harmonise, rationalise and extend the existing rules on the definition and recognition of producer organisations and their associations at Community level, in such a way as to ensure that Member States may recognise them at the request of the parties concerned and ensure that they are created at the initiative of the producers and with democratic functioning.

In this way, Chapter III of Title II of Regulation (EU) No 1308/2013 of the Council and of Parliament of 17 December 2013 establishing the common organisation of the markets in agricultural products and repealing the Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, defines and establishes the conditions for the recognition of producer organisations and their associations formed by producers of a specific sector of those listed in Article 1.2 of that regulation, including the cunicultural sector.

Considering the need to balance the value chain in this sector, improving the position of the producer as the weakest link in this sector, it is appropriate to establish the conditions for the the recognition of producer organisations as key elements of cooperation and sectoral development through the implementation of a set of objectives, among which the concentration of the common supply and marketing of the product production of its members, the planning of the supply according to the demand, the optimization of the production costs and, in general, to achieve efficiency gains in the whole chain of production, processing and marketing of rabbit meat, which are desirably transferred to the final consumer.

First of all, this royal decree provides for certain aspects relating to the minimum requirements for recognition, the functions to be carried out by producer organisations in the cunicultural sector, as well as the rules and procedure for recognition. In addition, a national register of producer organisations in the farming sector is established.

These requirements include minimum and maximum thresholds for both minimum marketable production and marketing in common and for producers to be part of the production organisations. Thresholds for the structural characteristics (census, holdings and distribution) and economic particularities of the farming sector.

Subsequently, the royal decree regulates the possibility of outsourcing certain activities other than production, as well as the possible agreements and concerted practices between producer organizations, such as is provided for in Council and Parliament Regulation 1308/2013 of 17 December 2013.

In the elaboration of this royal decree, the autonomous communities and representative entities of the sectors affected have been consulted.

In its virtue, on the proposal of the Minister of Agriculture and Fisheries, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the State Council, and after deliberation of the Council of Ministers at its meeting on 25 November 2016,

DISPONGO:

CHAPTER I

Preliminary Provisions

Article 1. Object.

This royal decree aims to establish the basic regulations applicable to the recognition of producer organizations and associations of producer organizations, hereinafter organizations and associations, respectively, in the cunicultural sector.

Article 2. Definitions.

For the purposes of this royal decree, the definitions included in Article 2 of Royal Decree 1547/2004 of 25 June 2004 laying down rules for the management of the cunicultural holdings shall apply. In addition, the following definitions apply:

(a) Marketing (in common): Tenure with a view to the sale, supply for sale, supply or any other form of pooling in the live animal market of the family "Leporidae", by the producers grouped in the producer organisation and involving the organisation of the offer.

(b) Producer: All natural or legal person, holder of one or more cunicultural holdings.

c) Effective Headquarters: The place where key business and management decisions are made, necessary to direct the entity's activities.

CHAPTER II

Recognition of producer organisations and their associations and minimum requirements for their operation

Article 3. Minimum requirements and requirements of producer organisations.

All legal entities owned or clearly defined by a legal entity, of a civil or commercial nature, constituted exclusively by producers, which are exclusively part of a legal entity, may be recognised as organisations. request that they comply with the requirements laid down in Council and Parliament Regulation (EU) No 1308/2013 of 17 December 2013 establishing the common organisation of the markets in agricultural products and repealing the Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, and in the present case decree, and:

a) They are created at the initiative of producers in the cunicultural sector.

(b) They are constituted and controlled in accordance with democratic statutes, including the obligations and forecasts laid down in Article 153 of Regulation (EU) No 1308/2013 of the Parliament and of the Council of 17 December.

c) Realize the concentration of the common offering and marketing, including direct marketing, of:

1. º More than 65% of the products of its members during the first year of membership of the members to the organization.

2. º More than 70% of its members ' products during the second year of their membership to the organization.

3. º More than 75% of the products of its members during the third year of membership of the organization.

(d) To pursue an improvement in productive efficiency, which is likely to be passed on to consumers, through increased bargaining power, the reduction of the agricultural sector's own risks, access to the market, taking advantage of economies of scale and at least one of the following purposes:

1. Ensure that production is planned and adjusted according to demand, especially as regards quality and quantity.

2. To optimize the joint production costs and the benefits of investments made in response to environmental and animal welfare standards, and to stabilize production prices.

3. Conduct studies and develop joint initiatives in relation to sustainable production methods, innovative practices, economic competitiveness and market developments.

4. Promote technical assistance and provide this type of assistance for the use of environmentally friendly production techniques, as well as practices and production techniques that are respectful of the welfare of the animals.

5. Promote technical assistance and provide this type of assistance for the use of production standards, improve the quality of products and develop products with protected designation of origin, protected geographical indication or covered by a national quality label.

6. Manage by-products and waste, in particular in order to protect the quality of water, soil and landscape and to preserve and promote biodiversity.

7. Contribute to the sustainable use of natural resources and climate change mitigation.

8. Develop joint promotion and marketing initiatives.

9. Promote the technical assistance needed for the use of the future markets and insurance systems.

e) Group a minimum of 25 producers and a maximum of 500, with an annual minimum marketable production of one million animals for sale or slaughter, and a maximum of eight million. The information available in the Comprehensive Animal Traceability System (STRAN) at the time of submission of the application for recognition shall be used to determine this capacity.

(f) Provide sufficient assurance that they can properly carry out the functions set out in points (b) and (c) of this Article, both in terms of duration and effectiveness and delivery of human assistance, material and technical to their associates.

Article 4. Recognition of producer organisations.

1. The recognition of the organisations corresponds to the competent authority of the autonomous community where the effective headquarters of the applicant entity or, where appropriate, the competent authority in the cities of Ceuta and Melilla are located.

2. In order to enable the bodies responsible for the recognition laid down in the previous paragraph to check the requirements of this royal decree and in particular the minimum marketable production laid down in Article 3.1.c), the The Ministry of Agriculture and Fisheries, Food and the Environment will adopt the appropriate channels of communication and coordination with them, preferably by means of telematics.

3. The application for recognition, accompanied by at least the documentation specified in Annex I, shall be submitted in the places to be determined by the Autonomous Communities or the cities of Ceuta and Melilla. In any event, it may be filed in any of the registers and places provided for in Article 16 of Law 39/2015 of 1 October of the Common Administrative Procedure of Public Administrations.

In accordance with the provisions of Law 39/2015 of October 1, interested parties must submit by electronic means the documentation referred to in this royal decree.

4. The body responsible for the recognition of the organisation in accordance with paragraph 1 shall, within four months of the submission of the application, decide, together with all relevant supporting evidence and evidence of the documentation specified in paragraph 3 of this Article, if they grant recognition to the producer organisation.

5. Transnational organisations shall establish their headquarters in the Member State in which they have a significant number of members or a significant volume of marketable production. In the case where the seat is located in Spain, the competent authority where the effective seat of the requesting entity is to be responsible shall be responsible for the recognition of the institution, giving it all the aspects covered by the present application. chapter.

6. Producers who are part of a transnational producer organisation which is not based in Spain, must provide all the documentation and information required at the request of the Member State responsible for the recognition, through the Ministry of Agriculture and Fisheries, Food and Environment's Directorate General for Agricultural Productions and Markets.

7. In the event of a refusal of recognition, the competent authority for the recognition of the producer organisation or association shall inform the Directorate-General for Agricultural Productions and Markets of that decision which, in turn, must inform the European Commission, on the basis of Article 154.4.c) of Council and Parliament Regulation (EU) No 1308/2013 of 17 December 2013.

Article 5. General obligations of the partners of a producer organisation.

1. The partners of an organisation shall undertake to market through that organisation at least 75% of their annual production, with the exception of that production which can be processed and marketed directly by the producer.

2. The members of the institution must join the organization for a minimum of two years, and if they wish to cause a discharge after the end of this period, the member must communicate in writing the waiver of the quality of the member in advance established by the organization. organization.

3. Producers who fail to comply with the minimum period of accession laid down in paragraph 1 of this Article may not apply for discharge in another organisation for a period of one year from the effective date of the discharge.

4. A producer may not be a member of more than one producer organisation in the farming sector, unless he has more than one production unit located in different geographical areas.

5. All casualties caused by a producer organisation shall be communicated by the producer organisation to the competent authority of the autonomous community which recognised it within a period of not more than one month from the time of such discharge.

Article 6. Withdrawal of recognition.

1. By resolution of the competent authority, the recognition shall be declared extinguished in the following cases:

(a) At the request of the institution, without prejudice to the fulfilment of the obligations and commitments arising from its status as a producer organisation and the responsibilities that may arise as a result of the actions carried out during the period in which the institution held the recognition.

b) When the overcome default of the recognition criteria is detected.

2. The verification by the autonomous communities or cities of Ceuta and Melilla of the requirement for the minimum marketable production of recognised organisations shall be carried out on 1 January of each year.

3. In the event that the non-compliance with that requirement is detected, within a percentage that does not exceed 20 percent, the organisation shall have a period of six months to correct the non-compliance. After this time without the failure to go through, the withdrawal of the recognition will be effective.

4. The competent authority for the recognition of producer organisations or their associations shall inform the Directorate-General for Agricultural Productions and Markets of any decision concerning the withdrawal of recognition from the organisation. which, in turn, should inform the European Commission, on the basis of Article 154.4 (c) of Council and Parliament Regulation (EU) No 1308/2013 of 17 December 2013.

Article 7. Associations of producer organisations.

1. Associations of producer organizations may be recognized as associations of all entities with their own legal personality, constituted by organizations recognized in accordance with the provisions of this royal decree, which so request from the competent authority and meeting the requirements of this royal decree.

2. Producer associations may carry out any of the activities or functions of the producer organisations referred to in Article 3 (d)

3. The recognition of the associations corresponds to the competent organ of the autonomous community where it radiates the effective headquarters of the requesting entity or, where appropriate, the competent authority in the cities of Ceuta and Melilla.

4. Transnational partnerships shall establish their headquarters in the Member State in which they have a significant number of members or a significant volume of marketable production. In the case where the seat is located in Spain, the competent authority where the effective seat of the requesting entity is to be responsible shall be responsible for the recognition of the institution, giving it all the aspects covered by the present application. chapter.

5. Producers who are part of an association which is not based in Spain must provide all the documentation and information required at the request of the Member State responsible for the recognition, through the Directorate-General of Agricultural products and markets of the Ministry of Agriculture and Fisheries, Food and the Environment.

Article 8. National registry of producer organisations and associations of organisations.

1. Producer organisations and associations of producer organisations recognised in accordance with this royal decree shall be entered in the national register of producers ' organisations and associations of the farming sector, of the Ministry of Agriculture and Fisheries, Food and Environment, on the basis of the information provided by the Autonomous Communities or cities of Ceuta and Melilla, within the maximum period of one month from their recognition. Changes occurring in the grouping which affect the data in this register, and in particular all the casualties caused by a producer organisation, shall be communicated to the competent authority of the autonomous community by the producer organisations and their recognised associations within the maximum period of one month.

2. The information for the recognised organisations and associations to be sent to the Ministry of Agriculture and Fisheries, Food and the Environment by the competent authorities of the recognition is that established in the Annex II.

3. The competent authorities of the autonomous communities shall communicate to the Ministry of Agriculture and Fisheries, Food and Environment the changes in the information communicated to them by the producer organisations and their associations. recognized by them within the maximum period of one month from the time of the communication of the change by the same.

4. The competent authorities of the autonomous communities, in collaboration with the Ministry of Agriculture and Fisheries, Food and the Environment, shall keep updated in the national register of producer organisations in the livestock sectors and associations of producer organisations the data relating to them.

5. The Ministry of Agriculture and Fisheries, Food and Environment will publish on its website a list of organizations and associations recognized, including at least the following data: registration number, name, community Autonomous city or city of recognition, date of recognition, volume of marketable production, number of members, NIF, address and telephone of the organization's headquarters.

6. The Directorate-General for Agricultural Productions and Markets of the Ministry of Agriculture and Fisheries, Food and the Environment shall be responsible for informing the Commission, by 31 March of each year, of any decision concerning the grant, refusal or withdrawal of recognition from producer organisations, adopted during the previous calendar year, in compliance with Article 154 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 2013.

Article 9. Outsourcing of activities by recognised producer organisations and associations.

1. Producer organisations and associations may outsource any of their activities, other than production, to any undertaking, including subsidiary undertakings, under the conditions laid down in the rules of the Union European. For these purposes, a subsidiary undertaking shall mean a subsidiary undertaking which is directly or indirectly controlled by the organisation or association:

(a) By means of a significant share, exceeding 50% of the share capital or voting rights, or

(b) by the right to appoint or revoke the majority of the members of the administrative body, address or control thereof, or

(c) by the right to exercise a dominant influence on it under a contract concluded with it or a statutory clause thereof.

2. In the case of application of the preceding paragraph, the organisations and associations shall be responsible for ensuring the performance of the outsourced activity and for the control and supervision of the commercial agreement relating to the performance of the activity.

Article 10. Agreements, decisions and concerted practices of producer organisations and associations.

Agreements, decisions and concerted practices carried out by organisations and associations shall be governed in accordance with the provisions of the applicable rules on competition, without prejudice to Article 209 of the Treaty. Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing that agreements, decisions and concerted practices of POs recognised in relation to the production or sale of agricultural products or the use of common facilities for the storage, processing or processing of products Agriculture will be conditioned not to jeopardise the objectives of the CAP.

This Article shall not apply to agreements, decisions and concerted practices involving the obligation to charge an identical price or through which competition is excluded.

CHAPTER IV

Official Control

Article 11. Official control.

The Ministry of Agriculture and Fisheries, Food and the Environment, in collaboration with the autonomous communities, will establish a plan of controls to verify compliance with this royal decree, which will include, among others Aspects:

a) The minimum percentage of administrative and on-the-ground controls to be performed.

b) Guidelines for the implementation of official controls.

(c) The competent authorities of the enforcement of the official controls in each case.

These checks may be compatible with any other checks carried out by the same competent authority and without prejudice to any application of the competition rules.

Single additional disposition. No increase in public spending.

The provisions of this royal decree will not entail an increase in appropriations, salaries, or other personnel expenses. The register provided for in Article 8 shall also be taken up with the budgetary, personal, technical and material resources already available for the Ministry of Agriculture and Fisheries, Food and the Environment.

Final disposition first. Competence title.

This royal decree is issued in accordance with 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 second. Ability to modify.

The Minister of Agriculture and Fisheries, Food and the Environment, in the field of their duties, are empowered to amend the annexes, dates and deadlines set out in this royal decree.

Final disposition third. 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 November 25, 2016.

FELIPE R.

The Minister of Agriculture and Fisheries, Food and Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Minimum documentation to be included in the application for recognition of producer organisations (Article 4 (3))

1. Express authorisation of the managing body to verify the data by reference to the Identity Data Verification System provided for in Article 1 (3) of Royal Decree 522/2006 of 28 April 2006, for which the contribution is deleted of photocopies of identity documents in the administrative procedures of the General Administration of the State and of its related or dependent public bodies, or in its absence, photocopy of the document.

2. Accreditation of the legal representative of the organization.

3. Evidence of the legal personality of the entity.

4. The list of holdings in the holding and the REGA codes of holdings belonging to the producer of the organisation are NIFs.

5. Declaration of the organization regarding the individual commitments of the producers who are members of the organization for at least two years in the organization and of the low communication within the time limit set by the organization.

6. Statement of the organisation regarding compliance with the common marketing requirements for the products of its members.

7. Technical memory describing:

a) The ability of the organization to fulfill the purposes of the producer organization.

b) Description of the efficiencies that the organization's constitution can bring to the production chain, and its potential benefits to the consumer.

c) Technical and personal means to ensure compliance with the objectives described.

8. Copy of the organization's statutes.

ANNEX II

Information about the producer organisations to be submitted by the competent authorities to the Ministry of Agriculture and Fisheries, Food and the Environment (Article 8 (2))

1. The competent authorities of the Autonomous Communities shall transmit to the Ministry of Agriculture and Fisheries, Food and the Environment the following information, each time they recognize a producer organisation, and always within the period maximum of one month since recognition is approved:

a) The record number granted by the stand-alone community, based on the format that is set.

b) Denomination, NIF, legal nature, address, postal code, autonomous community, province, municipality, telephone, fax and e-mail, indication of the animal species it represents.

c) Optional finalities to be pursued by the producer organization.

d) Justification of compliance with the requirement for the common marketing of the products of its members.

e) Recognition date.

f) Date of withdrawal of recognition if applicable.

g) NIF, REGA operating codes of the members of the organization, date of incorporation and/or low in the organization and census provided to the organization.

In the case of associations of producer organisations, instead of paragraph g) the NIF of the producer organisations belonging to the association, date of incorporation and/or low in the association and/or census contributed to the association.

The Ministry of Agriculture and Fisheries, Food and Environment, in collaboration with the competent authorities of the Autonomous Communities, will establish a protocol for the sending of the information by them, which include the description of the structure of the computer file for the submission of the file.