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Royal Decree 745/2016, Of 30 December, By Which The Royal Decrees, 1075, 1076, 1077 And 1078 Modify / 2014, All Them Of 19 December, Dictated To The Application In Spain Of The Common Agricultural Policy.

Original Language Title: Real Decreto 745/2016, de 30 de diciembre, por el que se modifican los Reales Decretos 1075, 1076, 1077 y 1078/2014, todos ellos de 19 de diciembre, dictados para la aplicación en España de la Política Agrícola Común.

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as well as on the management and control of direct and indirect payments. payments to rural development.

Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and other aid schemes, as well as on the management and control of direct and non-payment payments. payments for rural development, as follows:

One. In Article 3, a new wording is given to points (j) and (k):

" j) '' Novilla '': The female bovine species of the species Bos taurus, from the age of eight months, which has not yet gone.

k) '' Vaca '': The female bovine species of the species Bos taurus that has stopped. "

Two. Article 4 (1) is replaced by the following:

" 1. The budgetary ceiling for direct payments which may be granted for each of the aid schemes referred to in Article 1.1 shall be as set out in Annex II.

Based on the allocation of the amounts under the simplified scheme for small farmers that occurred in 2015, as set out in Chapter IV of Royal Decree 1076/2014 of 19 December 2014 on allocation of basic payment entitlements of the common agricultural policy, and in Title V of this royal decree, the Ministry of Agriculture and Fisheries, Food and the Environment shall establish for each marketing year part of the ceilings The budget of each of the aid lines listed in Annex II has been incorporated into the said scheme. simplified ".

Three. Article 8 is replaced by the following:

" Article 8. Activities excluded.

1. Pursuant to Article 9.2 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013, no direct payments shall be made to natural or legal persons, or groups of natural or legal persons, whose activity, according to the National Classification of Economic Activities (CNAE) or in accordance with the Economic Activities Tax (IAE) corresponds to the codes listed in Annex III.

No direct payments shall be granted if the natural or legal person, or groups of natural or legal persons, exercise control of an associated entity, whose activity according to the CNAE or the IAE corresponds to the codes listed in Annex III. In the case of legal persons or groups of legal persons, no direct payments shall be granted where the legal person or group of legal persons is controlled by an associated entity, whose activity under the CNAE or the IAE corresponds to the codes listed in Annex III.For this purpose, the entity shall be understood as an entity associated with all entities directly or indirectly related to natural and legal persons, or groups of natural and legal persons, by an exclusive control relationship in the form of full ownership or majority ownership.

2. By way of derogation from the above paragraph, such persons or groups of persons shall be deemed to be active farmers, and therefore may be beneficiaries of direct payments, if they provide verifiable evidence showing that they are, for such person or groups of persons, either of the following circumstances, also taking into account these effects, where appropriate, the data relating to the entities associated with them:

(a) That the annual amount of direct payments is at least 5% of the total income from non-agricultural activities in the most recent tax period for which such a test is available.

b) That their agricultural activity is not insignificant, on the basis that their agricultural income other than direct payments is 20% or more of their total agricultural income in the most recent available tax period.

(c) For legal persons or groups of natural or legal persons, who within their statutes are, before the date of completion of the application period, the agricultural activity as their principal social object.

For natural persons, who are discharged from the Special System for Agricultural Workers of Social Security, before the end date of the application deadline.

3. With regard to paragraph 2 (b), where such persons or groups of persons do not have agricultural incomes other than direct payments of 20% or more of their total agricultural income, they may be considered as an active farmer. provided that it is demonstrated that they exercise the agricultural activity laid down in Article 11 and assume the business risk of such activity.

4. The annual amount of direct payments referred to in paragraph 2 (a) shall be the total amount of direct payments received by the farmer in the most recent tax period for which the income from the income is available. of non-agricultural activities. This amount shall be calculated without taking into account the application of Articles 63 and 91.1 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

If the farmer had not applied for direct payments in the most recent tax period for which information on income from non-agricultural activities is available, the annual amount of payments directly referred to in paragraph 2 (a) shall be calculated by multiplying the number of eligible hectares declared in accordance with Article 72.1 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the year of application, by the national average value of the direct payments per hectare in the year in which the has the above information.

This national average value per hectare shall be the result of dividing the national ceiling of Annex II of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 between the total of eligible hectares declared in Spain for that year in accordance with Article 72.1 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013.

For the calculations required in the above checks, the specificities of a tax nature shall be considered on the basis of the legal nature of the applicants.

5. Those beneficiaries who during the processing of the aid of previous marketing years have been included by the Administration in the negative list of beneficiaries and, after submitting their claims, have been excluded from that negative list, may to request, in the context of the single application for the current marketing year, that their situation be reviewed, under the same circumstances as those referred to in paragraph 2, in the previous marketing year, provided that the situation has not changed with with respect to the same, and, if changed, presenting the necessary documentation to justify the new situation ".

Four. Article 9 is replaced by the following:

" Article 9. Determination of agricultural innal reserve of this type of rights, since they are not included in the new European Union aid regulation. Therefore, in the interests of greater legal certainty, it is appropriate to expressly repeal that rule.

In the preparation of this provision, the autonomous communities and representative entities of the sectors concerned have been consulted.

Under the proposal of the Minister for Agriculture and Fisheries, Food and the Environment, with the prior approval of the Minister of Finance and Public Service, in agreement with the State Council, and after deliberation by the Council of Ministers at their meeting on 30 December 2016,

DISPONGO:

Article first. Amendment of Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and other aid schemes,ission Decision 2004 /842/EC of 1 December 2004 on detailed rules for the application by Member States of the authorisation of the marketing of seed belonging to varieties for which an application has been submitted registration in the national catalogue of varieties of agricultural and horticultural plant species, as of 15 March of the year of submission of the application. These varieties shall be admissible only if they have a tetrahydrocannabinol content not exceeding 0,2%. '

Ten. Article 25 is amended as follows:

" Article 25. Beneficiaries and requirements.

They will be entitled to receive the supplementary payment for young farmers, those farmers, whether natural or legal persons, who meet the following requirements:

(a) That they are entitled to a payment under the basic payment scheme and have activated the corresponding payment entitlements.

b) In case the farmer is a natural person:

1. No longer than 40 years of age in the year of filing your first application for basic payment entitlements.

2. The first to be installed on an agricultural holding as responsible for the holding, or which has been installed on that holding, as responsible, in the five years preceding the first submission of an application to the protection of the basic payment scheme. A young farmer shall be deemed to be responsible for the holding if he exercises effective long-term control in respect of decisions relating to the management, profits and financial risks of the holding. For the purposes of this paragraph, the first installation shall be considered from the date of discharge in the social security system corresponding to the agricultural activity to be determined by its incorporation.

3. Having a favourable file for granting the aid of first installation in the field of a Rural Development Program, or certifying that they have a sufficient level of agricultural training, for which determination (a) to meet the criteria of vocational training and professional experience, as provided for in Article 4 (1) (b) of Law 19/1995 of 4 July 1995, to modernise agricultural holdings, which are in accordance with the requirements of the development programmes; rural developed by each autonomous community.

(c) Where the farmer is a legal person or a group of natural or legal persons, irrespective of their legal form:

1. º That effective long-term control over the legal person requesting the supplementary payment for young farmers corresponds to a young farmer, who complies with the provisions of subparagraph (b). A young person, or a group of young farmers, shall be understood to exercise effective control over the legal person when they have the right to decide within that legal person, which requires their participation in the social capital of the person The legal basis is more than half of the total share capital of the company and that it holds more than half of the voting rights within it.

2. Where several natural persons, including persons other than young farmers, participate in the capital or the management of the legal person, the young farmer shall be in a position to exercise such effective control over long term, individually or in collaboration with other farmers. Where a legal person is individually or jointly controlled by another legal person, the conditions laid down in the preceding subparagraph shall apply to any natural person exercising the control of that other legal person. For these purposes, the reference to the "installation" referred to in paragraph (b) shall be understood to be made for the installation of young farmers exercising control of the legal person. "

Once. Article 26 (1) and (2) are worded as follows:

" 1. The amount of the payment for young farmers shall be calculated, each year, by multiplying the number of payment entitlements the farmer has activated in accordance with Article 16, by a fixed amount corresponding to 25% of the average value of the payment entitlements, on property or on lease, held by the farmer.

For the purposes of calculating the amount quoted in the preceding paragraph, the maximum number of payment entitlements activated to be taken into account shall not exceed 90.

2. The amount of aid for young farmers resulting in accordance with paragraph 1 shall be granted in the form of a supplement to the aid received in each marketing year through the basic payment entitlements.

Twelve. Article 31 (b) is worded as follows:

" (b) To employ seed of one of the varieties listed in the Common Catalogue of varieties of agricultural plant species of the European Union, in the Register of commercial varieties, or which have granted an authorization to on the market in accordance with Commission Decision 2004 /842/EC of 1 December 2004 on the date of 30 March of the year of the submission of the application.

Thirteen. Article 35 (a) is amended as follows:

" (a) Use seed of any of the varieties or species listed in the Common Catalogue of varieties of agricultural plant species of the European Union, in the Spanish Register of commercial varieties, or which are granted a marketing authorisation in accordance with Commission Decision 2004 /842/EC of 1 December 2004 on the date of 30 March of the year of submission of the application. The seeds of species for which there is no catalogue of varieties or are authorised for placing on the market without the need to belong to a particular variety are exempted from this requirement. '

Fourteen. Article 46 (a) is worded as follows:

" (a) Produce sugar beet of one of the varieties referred to in the Common Catalogue of varieties of agricultural plant species of the European Union, in the Register of commercial varieties, or which have been granted a marketing authorisation in accordance with Commission Decision 2004 /842/EC of 1 December 2004 on the date of 30 March of the year of the submission of the application.

Fifteen. Article 49 (2) (b) is worded as follows:

"b) Make a minimum sowing of 22,000 seeds per hectare, or a minimum planting of 20,000 plants per hectare."

Sixteen. Article 50 (2) is amended as follows:

" 2. Contracts may be:

a) A contract to be held between:

1. A selling party, which may be a farmer or a producer organisation defined in accordance with Article 152 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 on the belonging to that farmer (hereinafter, OP).

However, those farmers who have sold their production, or part of it, to the OP as a third party, may be included in the contract in which the PO is listed as a seller.

2. º And a buying part, which will be a transformer.

b) Or a commitment to delivery when the OP also acts as a processor. In this case, where the OP receives raw material from farmers who are not members of the OP for exclusively based on maintenance in the state appropriate ".

Eight. Article 13 (4) is without content.

Nine. Article 14 (9) is replaced by the following:

" 9. In the case of the allocation of agricultural parcels to hemp cultivation, only certified seed of the varieties listed in the Common Catalogue of the varieties of agricultural plant species may be used in the Spanish Register of varieties. (a) commercial, or which have been granted a marketing authorisation in accordance with Commhich each farmer may receive the payment in each year shall be:

Female dairy animals belonging to one of the breeds listed in Annex XIII, or to those breeds of bovine animals which the competent authority in the field determines as being of an eminently milk, equal or equal age greater than 24 months at 30 April of the year of application and registered in the General Register of Individual Identification of Animals (RIIA), as set out in Royal Decree 728/2007 of 13 June.

In order to determine the animals eligible for recovery of this aid, a check shall be made on the animals present on the holding of the applicant on 1 January, another on 30 April and two more checks on intermediate dates. determine, in the period between these two dates, both equal dates for all holdings in Spain. The animals to be computed shall be those present in the four checks carried out. "

Twenty-five. Article 86 is amended as follows:

(a) Paragraph 1 is replaced by the following:

" 1. Farmers who in 2015 have basic payment entitlements, in ownership, usufruct or leasehold, and their total amount of direct payments to be received have not been estimated to exceed EUR 1,250 by 15 October 2015, shall be included automatically by the competent authority in the scheme for small farmers whose activation is set out in Chapter IV of Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment scheme entitlements for agricultural policy (a) common, unless expressly decided not to participate in it, in which case they shall inform the competent authority before 15 October 2015 '.

(b) Paragraph 3 is worded as follows:

" 3. From 2015 onwards, only new farmers may be incorporated into the small-farmer scheme through an assignment, as set out in Chapter IV of Royal Decree 1076/2014 of 19 December 2014 on the allocation of the rights of the small farmers basic payment of the common agricultural policy. "

(c) Paragraph 6 is replaced by the following:

" 6. During their participation in the scheme for small farmers, farmers must declare at least a number of eligible hectares corresponding to the number of rights activated in the year 2015. These hectares may be located in any part of the national territory, except in the Autonomous Community of the Canary Islands, and it is not necessary for the area to correspond to the region in which the allocation was made in 2015. right. "

Twenty-six. In Article 89 (1), two new points (c) and (d) are added, with the following content:

" (c) Cultivation Declared for the purposes of diversification: the one whose presence in a given enclosure may be checked on the spot during the diversification period, as laid down in Article 20.

(d) Another crop: the one which, in the case of arable land, occupies the same enclosure prior to the crop declared for the purpose of diversification in the same year of application, except in the case of crops traditional summer in the autonomous community in question, which will be able to occupy the site later. They may be computed for the purposes of the area of ecological interest laid down in Article 24, as well as for the area-coupled aid provided for in Title IV of this Royal Decree. Autonomous communities modifying the diversification period provided for in Article 20 may also amend the periods for the consideration of other crops, but in no case may it be a post-period crop. summery of the application campaign ".

Twenty-seven. Article 91 (3) is worded as follows:

" 3. The single application, in the case of direct payments, shall be submitted by the holder of the holding as defined in Chapter II of Title II. It must therefore have all the relevant documentation inherent in the normal development of that activity in respect of the different registers and books of holdings established by the relevant applicable rules. Specifically, the applicant must be registered in the registers which the competent authorities have in accordance with Article 6 of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004, on the hygiene of foodstuffs at the time of application ".

Twenty-eight. Article 92 is replaced by the following:

" Article 92. Content of the single request.

1. The single application shall be submitted by electronic means established for the purpose by the competent authorities, except in exceptional cases to be determined by the competent authority, and in which the competent authority shall be responsible for the incorporate in electronic format the application submitted by the farmer.

2. The single application shall declare all agricultural parcels which make up the entire agricultural area of the holding and which are available to the holder of the holding, whether under the ownership, usufruct, leasehold, sharecropping or the allocation of communal areas by a managing body of such areas, including those for which no aid scheme is requested. In the case of area aid measures for rural development programmes, it shall also be necessary to include the non-agricultural area for which aid is requested.

3. For the purposes of identification and location, the agricultural parcels on the holding, as well as the non-agricultural land for which aid referred to in the previous point (hereinafter referred to as 'the first subparagraph'), shall be graphically defined and in digital format. 'graphic declaration'). For this purpose, IT tools based on the technology of the geographical information systems shall be used by the competent authority of the autonomous community to establish. The area declared shall be calculated by such tools on the basis of the geometry of the agricultural parcel and shall be expressed in hectares with two decimal places.

4. The application of the above paragraph shall be done at the latest as follows:

a) From the 2016 campaign, it will be mandatory for all applicants declaring more than 200 ha.

(b) From the 2017 marketing year, it shall be compulsory for all applicants declaring more than 30 ha.

c) From the 2018 campaign, it will be mandatory for all applicants.

In exceptional cases to be determined by the competent authority, where the beneficiary is not able to make the graphic declaration, the delimitation of the agricultural parcels shall be done on paper, and the administration shall proceed to its processing in graphic declaration.

As long as the graphic declaration is not mandatory, the identification of each declared agricultural parcel shall be carried out by means of the identification code of the enclosure or SIGPAC enclosures that integrate it, and the surface shall be indicated in hectares to two decimal places.

For the purposes of verifying the obligations laid down in points (a) and (b), only the eligible hectares, as specified in Article 14 of this royal decree, and non-agricultural areas shall be taken into account. The request for assistance under ruralively meet the above requirement if they have a minimum milk production of 200 litres per producer per year. This shall take account of the deliveries to purchasers made in the period from 1 June of the year preceding the application and 31 May of the year of application and, where appropriate, direct sales of milk made during the year. natural prior to the year of request ".

Twenty-four. Article 78 (4) is worded as follows:

" 4. The aid shall be granted per eligible animal per year. The eligible animals for wangrado">Without prejudice to paragraphs 4.b) of Articles 71 and 74 of this Royal Decree, for applications for aid submitted in 2017, compliance with the requirement of 0,6 lambs or cabritos is to be complied with. breeding female, or, in her case of 80 litres or 200 litres, also per female reproductive, in the case of sheep or goat aid respectively, shall refer to the natural year of application 2017, the period covered by the application being applicable between 1 June of the year preceding the application and 31 May of the year of application, starting with the marketing year 2018 and next. '

Thirty-five. In Annex III, referrals to Article 10 shall be construed as referring to Article 8.

Thirty-six. Annex VII is amended as follows:

(a) In point 15 of paragraph I, the quotation referred to in Article 8 shall be construed as referring to Article 9.

b) A new point 17 is added to paragraph I, with the following content:

" 17. Express declaration in which the farmer manifests that he does not carry out any activity which, according to the National Classification of Economic Entities (CNAE) or according to the Economic Activities Tax (IAE), corresponds to the codes listed in Annex III, is neither controlled by, nor has the control of any associated entity, as defined in Article 8, performing any of these activities. This declaration will be made in relation to the 2015and 2016 campaigns, provided that payments for direct payments have been received in the first two years, and in all cases for the 2017 marketing year. This declaration shall include the NIF of the entities associated with which the farmer is related. '

(c) Paragraph III (4) is replaced by the following:

" 4 The use of the parcels, indicating in any case the cultivated product, the permanent pasture, other forage areas, the fallow and type of the same, the permanent crops, the areas planted with plants Short-cycle foresters, etc. In the case of pasture areas, it shall be indicated whether the parcels are to be produced with grazing, mowing or maintenance by other techniques. In the case of arable land, more than one product per campaign and parcel may be declared, always indicating the crop declared for the purpose of diversification and, where appropriate, another crop, as defined in points (c) and (d) of the Article 89 (1). The applicant shall state in an express manner that the crops and uses, as well as the declared maintenance activities, are truthful and are a true reflection of their agricultural activity. '

(d) Point 4 of paragraph V is replaced by the following:

" 4. In the case of the aid associated with the tomato for industry referred to in Section 7 of Chapter I of Title IV, a copy of the contract concluded with the industry or the delivery undertaking with the OP to be processed, except in the case of: which is not enforceable in accordance with the provisions of the second subparagraph of Article 50 (1). "

e) A new point 5 is added in paragraph V with the following wording:

" 5. In the case of the specific payment for the cultivation of the cotton referred to in Section 8 of Chapter I of Title IV, a copy of the contract of supply to an authorised ginning.

(f) The paragraphs that follow the new paragraph 5 of paragraph V are listed, passing paragraph 5 to be the new paragraph 6 and so on.

Thirty-seven. Annex VIII is amended as follows:

(a) The last paragraph of paragraph I is replaced by the following:

" Furthermore, on the basis of the single application for 2016, fallow areas which are intended to be taken into account as being of ecological interest, must not have been preceded by any nitrogen-fixing crops of the included in the list in the following paragraph, which would have been computed as an ecological interest in relation to the single application of the previous year ".

(b) The first subparagraph of paragraph II is worded as follows:

" Areas of ecological interest shall be considered to be used for the cultivation of the following species of leguminous plants for human or animal consumption: Jewish, chickpea, lentil, pea, beans, lupins, carob, jars, lunch, veza, yeros, alholva, alverja, alverjon, alfalfa, sparceta, zulla, clover, soya and groundnut '.

(c) The last paragraph of paragraph II is worded as follows:

" In particular, on the basis of the single application for 2016, the areas of nitrogen-fixing crops which are intended to be taken into account as being of ecological interest, should not have been preceded by another legume it has been taken into account as being of ecological interest in relation to the single application for the previous year, with the exception of multi-annual fodder leguminous plants for the duration of their cultivation cycle. '

Thirty-eight. A new paragraph is added at the end of Annex XII with the following content:

"In case of application of the second paragraph of Article 50.2.a) .1, certificate of the OP indicating the farmers who market as third parties".

Article 2. Modification of Royal Decree-1076/2014 of 19 December 2014 on the allocation of basic payment regime rights to the Common Agricultural Policy.

Royal Decree 1076/2014 of 19 December 2014 on the allocation of basic payment arrangements for the Common Agricultural Policy is amended as follows:

One. Article 7 (1) is replaced by the following:

" 1. The territorial base of the regions is established on the basis of the productive potential they present, as well as the productive orientation determined in the 2013 campaign for the areas declared in that campaign, or the use reflected in the geographical identification of agricultural parcels (SIGPAC) in 2013 for areas not declared in that marketing year. This territorial basis shall be fixed, before 1 March 2015, in a reference layer on the SIPPAC, a layer to be considered as definitive after the end of the process of allocation of basic payment entitlements in the year 2015. However, in the event of a parcelary concentration resulting from a public action, the autonomous communities shall carry out the necessary actions to ensure proper management in the context of the activation of the payment entitlements. basic pre-allocated on these surfaces ".

Two. Article 17 (c) is worded as follows:

" (c) Severe natural disaster or adverse weather phenomenon similar to natural disaster which has seriously affected the agricultural land of the holding. In order to be eligible, a declaration by the competent authority must be available in the region where the holding is situated which qualifies, first, the destructive event occurring as a natural disaster or a phenomenon climatological equivalent to natural disaster, as defined in Article 2 of Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal determined, broken down by species and by autonomous communities of location of that area."

(c) Paragraph 5 (c) is deleted.

Thirty-four. The first and second transitional provisions shall be abolished, without prejudice to the maintenance of the effects and administrative acts dictated by them, and a new transitional provision shall be added with the following: content:

" Single transient provision. Eligibility of sheep and goat holdings in the 2017 application.

The presentation of this document may be replaced by an authorization to the competent bodies of the Autonomous Communities to obtain directly from the General Treasury of Social Security the certification or information to justify the development of an agricultural activity and the start of the agricultural activity.

3. Farmers who have not had access to the first allocation of basic payment entitlements in 2015 for reasons of force majeure or exceptional circumstances, as provided for in Article 24 (5) of this royal decree:

To these effects, within the causes of force majeure established in Article 17 of this royal decree, they are considered to justify the impossibility of submitting the single application in 2015 as detailed below, the effect of the documentation provided for in each case shall be:

a) Death of the beneficiary or disappearance of the beneficiary.

Certificate of death or denunciation of disappearance, declaration of absence or declaration of death.

b) Long-running capacity of the beneficiary.

Social Security Manager Center Certificate on long-term disability. The applicant may authorise the competent bodies of the Autonomous Communities to obtain certification or information directly from the Social Security Management Centre which justifies the long-term incapacity.

(c) Problems in the processing of the aid application for the 2015 campaign that are not the responsibility of the farmer and have resulted in the failure to submit such an application.

Settlement of the liability insurance by the contributing entity or documentation accreditative to have been compensated by the contributing entity and affidavit on the omission committed by the same.

However, autonomous communities in the field of their competencies may consider other cases of force majeure established in Article 17, as well as the corresponding supporting documentation. "

Article 3. Modification of Royal Decree 1077/2014 of 19 December 2014 regulating the geographical information system for agricultural parcels.

The last table of Annex II to Royal Decree 1077/2014 of 19 December 2014 on the system of geographical information for agricultural parcels is amended as follows:

" Non-agricultural uses

SIGPAC Usage

Description

AG.

Currents and water surfaces.

CA.

.

ED.

.

Forest.

IM.

Unproductive

ZU.

Urban Zone.

EP.

Landscape element ".

Article 4. Modification of Royal Decree 1078/2014 of 19 December 2014 laying down the rules of cross-compliance to be met by beneficiaries receiving direct payments, determined annual premiums for rural development, or payments under certain programmes to support the wine sector.

The second paragraph of BCAM 7 of Annex II.3 to Royal Decree 1078/2014 of 19 December 2014 laying down the rules of cross-compliance to be met by beneficiaries receiving direct payments, determined annual premiums for rural development, or payments under certain programmes to support the wine sector, is amended as follows:

" However, taking into account that the protected landscape elements form part of the eligible area of the agricultural parcel in which they are located, it is considered necessary to define the framework for the application and control of this rule, which shall apply to arable land and permanent crops, and, in cases to be determined by the Autonomous Community, to permanent pasture or other areas. The autonomous communities may also specify the descriptive characteristics of the landscape elements, as well as to modify the limits set out below, in order to take account of their specific landscape features. regional or local, or possible specific cases ".

Single repeal provision. Regulatory repeal.

Royal Decree 1839/1997 of 5 December 1997 laying down rules for the implementation of transfers and transfers of premium rights and for access to national reserves for producers of the sheep and goats and those who keep suckler cows.

Single end disposition. Entry into force and application.

This royal decree will enter into force on January 1, 2017. However, point 25 (a) of the first paragraph shall apply from the year 2015, and paragraph 30 and two of the first paragraph shall apply from 1 January 2018.

Given in Madrid, on December 30, 2016.

FELIPE R.

The Minister of Agriculture and Fisheries, Food and Environment,

ISABEL GARCÍA TEJERINA

mers scheme, as long as they continue to belong to the scheme. Farmers already participating in the scheme for small farmers and receiving payment entitlements from the basic payment scheme will not be able to activate these rights as long as they continue to belong to the small farmers scheme, but if they may give them to another active farmer. "

Nine. Annex V is divided into two paragraphs and is amended as follows:

a) The current content becomes paragraph I, with the following title:

" I. Supporting documentation of applicants to the national reserve in the 2015 and 2016 campaigns. "

b) A new paragraph II is added with the following wording:

" II. Supporting documentation of applicants to the 2017 national reserve.

In general, applicants must present:

1. A detailed list of each and every parcel of their holding in accordance with the provisions of Royal Decree 1075/2014 of 19 December 2014 on the application from 2015 of direct payments to agriculture and livestock and livestock and other support schemes, as well as on the management and control of direct payments and payments to rural development.

2. Any other documentation determined by the competent authority. In particular:

1. Farmers entitled to receive payment entitlements, or to increase the value of existing rights, by virtue of a firm court judgment or a firm administrative act:

Copy of the statement or the firm administrative act.

2. Young farmers, and farmers starting their farming activity:

Document that accredits the date of high social security, corresponding to the agricultural activity that determined its incorp