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Royal Decree 702/2016, Of 23 December, By Which Modify The Regulatory Bases Of The Granting Of Aid To The Associative Integration And Industrial Revitalization, Established In The Royal Decree 1010 / 2015, 6 November; Royal Decree...

Original Language Title: Real Decreto 702/2016, de 23 de diciembre, por el que se modifican las bases reguladoras de la concesión de ayudas a la integración asociativa y la dinamización industrial, establecidas en el Real Decreto 1010/2015, de 6 de noviembre; Real Decreto ...

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TEXT

Since the end of 2015 and throughout the year 2016, a number of basic provisions for the regulation of aid co-financed for support in the context of rural development have been adopted for the integration of associations and the industrial dynamisation.

First of all, directed at the promotion of investments, the Royal Decree 1010/2015 of 6 November, establishing the regulatory bases for the granting of aid to material or intangible investments, was approved. processing, marketing and development of agricultural products in the framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character.

On the other hand, aid for the transfer of knowledge, by means of Royal Decree 126/2016 of 1 April, laying down the regulatory bases for the granting of aid to demonstration activities and actions For the promotion of the integration of agri-food associative entities of a supra-regional character and Royal Decree 312/2016 of 29 July 2016, for the promotion of the integration of agro-food associative entities of a supra-regional nature, the regulatory basis for the granting of aid for support for training actions professional and acquisition of competences under the 2014-2020 National Rural Development Programme, for the promotion of the integration of agri-food associative entities of a supra-regional character.

Finally, in the area of cooperation, Royal Decree 197/2016 of 13 May establishing the regulatory bases for the granting of aid to cooperation for joint approaches with respect to projects environmental and environmental practices in progress, in the framework of the National Rural Development Programme 2014-2020 and Royal Decree 254/2016 of 10 June, laying down the regulatory bases for the granting of aid for cooperation for the sustainable supply of biomass under the 2014-2020 National Rural Development Programme.

Following the experience gained in the implementation of the National Rural Development Programme, and in compliance with Article 11 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on The European Agricultural Fund for Rural Development (EAFRD) has been able to modify certain details of the associative integration measures, in order to achieve greater efficiency in the achievement of the objectives of the European Agricultural Development Fund (EAFRD). Law 13/2013 of 2 August promoting the integration of cooperatives and other entities The association of the agri-food character and, consequently, the integration objectives provided for in the State Plan of Association Integration 2015 -2020, developed in the development of this Law. These amendments are contained in the abovementioned Regulation within the annual so-called "measures" (such as the introduction or elimination of measures, changes in the description of measures or transfers of funds, inter alia) and of a purely nature administrative or drafting that do not affect the implementation of the policy or the measures.

The modification of the 2014-2020 National Rural Development Programme has been approved by the Commission Implementing Decision of 30 August 2016 approving the amendment of the National Rural Development Programme for Rural Development. Spain for the purpose of granting aid from the European Agricultural Fund for Rural Development. This royal decree, therefore, comes to adapt the texts of the regulatory bases in a consequent manner to the new redactions introduced.

In summary, it is worth noting that, in the case of sub-measure 1.1 in support of vocational training and the acquisition of skills by means of the changes introduced, the recipients of the training and all staff involved in the eligible expenditure have been considered, the minimum number of hours of the courses has been reduced and the maximum amount of aid has been increased. With regard to sub-measure 1.2 in support of demonstration activities and information actions, the wording of the objectives has been clarified, the amounts of aid have been unified and increased and all staff have been taken into account. involved in the costs of travel within the eligible costs. As regards the sub-measure 4.2 of investments in the processing and marketing of agricultural products, there have been drafting adjustments in relation to the type of aid. Finally, in the case of sub-measures 16.5 and 16.6 in support of cooperation projects, a new beneficiary has been included, the economic interest groups, the supra-regional character of the cooperation has been limited, the economic interest groups have been adjusted. the maximum duration of the aid has been increased, the amount of the maximum subsidy has been increased and the application of the State aid scheme has been taken into account in greater detail.

On the other hand, and taking advantage of this essential modification of the national regulatory texts, improvements are made in the drafting of these texts to facilitate their understanding by the applicant of the aids and their application by the administration, improving and nuanced redactions, correcting errata or adding new incites.

For all of the above, the present royal decree is issued in accordance with the principles of necessity, proportionality effectiveness, legal certainty and transparency as set out in Article 129 of Law 39/2015 of 1 October 2015. Common Administrative Procedure for Public Administrations. In this regard, this amendment is necessary and effective in implementing the amendment of the National Programme and it is therefore necessary to make these changes to the regulatory bases of the aid contained therein. The amendments are translated into greater flexibility in the implementation of the sub-measures and the management of the grants for the administration is improved. It is also proportional because this amendment is limited exclusively to incorporating the changes of the National Rural Development Programme into the already published regulatory bases, as well as certain changes resulting from the implementation of the The Commission has been in the process of being able to take the necessary measures to ensure that the Community's national legislation is not the same as the one in which it has been adopted. the obligations and rights of the managed. Finally, in accordance with the principle of transparency, the applicant's guides will be developed for each of the sub-measures in order to allow for better access and easier compression to potential beneficiaries.

As for the changes introduced in the regulatory bases, in the case of Royal Decree 1010/2015 of 6 November, improvements and clarifications are included as regards the definition of the action, the non-starter act, the expenses eligible, at the date of the audit report, to the documentation to accompany the application or the modification of the investment projects. The penalty for non-compliance with the deadline for filing the payment application is described. A new provision is also included to bring the regulatory bases into line with the new legal framework for the common administrative procedure. Finally, the wording of Annex II "Maximum and Limitation Modules" and Annex III of "Assessment Criteria" is improved and a new Annex IV containing the content of the applicant's collaborative engagement document in the monitoring and evaluation of the National Rural Development Programme.

For Royal Decree 126/2016, of April 1, the modifications come to clarify the list of objectives that must be covered with the program of demonstration and information, it is explained in more detail which expenses are eligible in the costs of travel accommodation and maintenance costs for all staff involved, the maximum aid ceiling is amended and Annex I is adapted to the content of point 2, and point 3 is deleted as unnecessary.

With respect to Royal Decree 197/2016, of 13 May, it is amended to delimit the supra-autonomous concept of cooperation, to include as beneficiaries to the Economic Interest Groups, to increase the maximum limit of aid for the cooperation project and the penalty for non-compliance with the deadline for the submission of the payment application is described. Identical amendments are made to Royal Decree 254/2016 of 10 June.

In Royal Decree 312/2016, of July 29, article 2 of "Definitions" is amended to extend the recipients of the training through the term leaders, has reduced the minimum number of hours of the courses Training (as a result of which is also amended from paragraph 4 of Annex I), the eligible expenditure is extended as regards the costs of travel, accommodation and maintenance of all the staff involved and the aid limits, a penalty for failure to comply with the time limit for the submission of the payment application and amending Annex I to extend the maximum hourly grant to the teaching staff and to clarify the wording of point 3.

As a general modification, which affects all the actual decrees a new article has been collected on graduation criteria and possible defaults and consequently, the article concerning the payment application is modified.

This royal decree is issued under the protection of 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 and pursuant to Articles 17 and concordant of Law 38/2003 of 17 November, the regulatory bases for these grants are established.

In the procedure for drawing up this royal decree, the provisions of Law 50/1997 of 27 November, of the Government, in Law 39/2015 of October 1, Law 38/2003 of 17 November, General de Grants, and in Royal Decree 887/2006 of 21 July, approving the Regulation of Law 38/2003, of 17 November, General of Grants and have been consulted the Autonomous Communities and the representative entities of the interests of the sectors concerned.

Also, a report has been obtained from the Delegate Intervention, the Office of the Budget and the State Attorney in the Department.

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, and after deliberation by the Council of Ministers at its meeting of the December 23, 2016,

DISPONGO:

Article first. Amendment of Royal Decree 1010/2015 of 6 November establishing the regulatory basis for the granting of aid for tangible or intangible investments in the processing, marketing and development of agricultural products Framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character.

Royal Decree 1010/2015 of 6 November establishing the regulatory basis for the granting of aid for material or intangible investments in the processing, marketing and development of agricultural products in the Framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character, is amended as follows:

One. Article 2 (3), which reads as follows:

" 3. Take action: the functional unit of execution, with a budget defined within the investment project, composed of one or more expense concepts. "

Two. Article 6 (6) is worded as follows:

" 6. No aid shall be granted for investments initiated prior to the submission of an aid application, except for the cases referred to in paragraph 24 of Annex I, or for the failure of the relevant non-commencement act, where appropriate. For these purposes, the commencement of the construction work or the first undertaking legally binding on the investment shall be considered to be the beginning of the investment. In the case of real investments amounting to more than EUR 18,000, the instructor shall, after the assessment of the application, draw up the minutes of non-commencement for the evidence that the application has not been initiated. Such minutes shall not generate legitimate expectations for the grant of a grant, in such a way that it does not affect the meaning of the resolution of the aid application or generate the right to reimbursement or compensation of any kind. The non-starter act may be requested by the entity, provided that the documentation of Article 11.6 and 11.8 has been submitted to the administration. "

Three. Article 8 is amended as follows:

(a) Paragraph 1 (d) is replaced by the following:

"d) Elaboration and placement of a poster or information plate in compliance with article 15.4 of this royal decree."

(b) Paragraph 4 is worded as follows:

" 4. Expenditure arising from the audit report required by Article 16.6 (i) and the expenditure referred to in Article 11 (11) (b) shall be eligible for eligible expenditure, without exceeding 4% of the eligible expenditure. The date of the audit report required by Article 16.6.i) may be later than the date of closure of the execution period, but prior to the date of the application for payment. '

(c) Paragraph 5 (b) is worded as follows:

" (b) The choice between the tenders submitted, which shall be provided together with the aid application, and before the delivery of the goods or the contracting of the undertaking for the provision of the service, shall be made in accordance with criteria of effectiveness and economy, with the explicit justification for the choice, by means of the supporting document referred to in Article 11 (8), where it is not the most advantageous economic proposal. "

Four. Article 11 is amended as follows:

(a) Paragraph 6 is read as follows:

" 6 Investment project for which the help is requested, which will contain at least the following information:

a) Products that contemplate the investment.

b) Location of the investment (address and coordinates where applicable). The land tenure regime or the facilities where the investment is to be made must be accredited.

c) Forecast to create jobs with investment, with attention to gender equality and the promotion of young people.

d) The investment project will be clearly defined, specifying its actions and detailing the concepts of expenditure that make it up and the estimated costs of each of the actions, differentiating the two periods of execution, if any. In the case of investment projects involving the implementation of technical projects, the documents, plans, specifications and budget documents shall at least be included.

e) Detailed description of the project in which it is expressed in a reasoned manner as the investment project improves the performance of the requesting priority associative entity, expressly and in a reasoned manner Investments contribute to achieving one of the objectives set out in Article 6.7, specifying the target markets for the products and their share. It will also describe the extent to which the Best Available Techniques have been taken into account in the investment project and will be referred to the Best Available Techniques document in which they appear.

f) Study to prove the economic viability of the investment by means of a report prepared and subscribed, by third person, independent of the applicant, entitled competent. The relevant call shall establish a model of declaration for the purpose of crediting the independence between the signatory of that study and the applicant entity of the grant.

g) Schedule of implementation of the actions envisaged for each of the two implementation periods referred to in Article 6.3, where appropriate, specifying the dates for the start and end of the implementation, as well as the budget intended for each of them. Where such a timetable is amended, it shall be communicated to the Food Industry Directorate-General at least 15 days before the amendment proposed for approval by that Directorate-General occurs.

h) The following text:

" This project is being drafted in order to be financed under the 2014-2020 National Rural Development Programme, financed by the Ministry of Agriculture and Fisheries, Food and Environment (MAPAMA) and the Fund. European Agricultural Rural Development (EAFRD).

The project also includes a departure for signaling of the EAFRD contribution to its financing, in case it is finally selected. ""

(b) Article 11 (10) is worded as follows:

" 10. If the beneficiary has applied for the Tax Administration to be classified as a private entity or establishment in accordance with the provisions of Article 20.3 of Law No 37/1992 of 28 December 1992 on the Tax on Value Added, it must provide the document issued to the effect by it. "

c) A new section is added with the number 16.

" 16. Collaborative commitment document for the monitoring and evaluation tasks as set out in Annex IV. '

Five. Article 14 (3) is worded as follows:

" 3. Amendments involving non-execution shall not be permitted under the conditions laid down at least 70% of the eligible investment initially approved in the decision to grant the aid. The amendments involving a reduction in the eligible expenditure will result in the corresponding reduction of the grant awarded.

Regardless of what is mentioned in this article, the FEGA may exceptionally approve modifications to the grant resolution, upon a proposed modification by the instructor, that do not conform to the conditions referred to in the preceding paragraphs, in 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 on financing, management and monitoring of the common agricultural policy, which will result in the repeal of Regulations (EC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008. '

Six. Article 16 is amended as follows:

(a) Paragraph 3 is worded as follows:

" 3. The time limit for the submission of the payment application and the related documentation shall be set out in the relevant call. Failure to comply with this deadline for reasons attributable to the beneficiary shall result in a penalty of 1% of the aid per working day of delay in the submission of the payment application or the related documentation. '

(b) Paragraph 5 is worded as follows:

" 5. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. "

Seven. A new article 24 is included with the following content:

" Article 24. Graduation criteria for possible defaults.

The graduation criteria for possible defaults will be applied to determine the amount that the beneficiaries will eventually receive and will be as follows:

1. Failure to comply with the requirements of the beneficiaries laid down in Article 5, the requirements of the investment projects laid down in Article 6 or the obligations of the beneficiaries laid down in Article 15 shall mean the loss of entitlement to the recovery of the aid or the recovery of the aid.

2. Where the total implementation of the project does not reach 70% of the initially approved eligible investment, no aid shall be paid.

3. Where a performance has not been fully implemented, the level of implementation shall be assessed and the amount of the grant shall be proportional to that level, provided that the total implementation of the project complies with the above. '

Eight. Annex II is amended as follows:

(a) Paragraph I is replaced by the following:

" I. Urbanization.

Only investments in plot closure, esplaned and firm with the following limitations will be permitted:

-In closures the maximum eligible perimeter shall be the equivalent (equal value) to double the new eligible built area, with a maximum allowable cost of € 30 /m, including the unique elements.

-On esplanades and firm the maximum atdible surface will be equal to the new eligible built area, with a maximum allowable cost of 25 €/m2, including all elements and concepts. "

(b) Paragraph IV, paragraph 1, is read as follows:

" 1. In the case of offices, toilets, changing rooms, dining rooms and other premises and equipment for eligible personnel, the eligible area shall be assessed in accordance with the number of workers in the facilities to be used.

In particular, for the set "offices + other premises (meeting rooms/areas without defining functionality)" are set 20 m2/facility worker, 3 m2/worker in case of toilets, 3 m2/worker for the changing rooms, 1.5 m2/worker for the eaters and 5 m2/worker in the case of laboratory/workshops. In any case, areas which do not reach the limits laid down may be compensated for in the above areas, provided that these limits are not exceeded as a whole. "

(c) Heading 4 of paragraph IV is worded as follows:

" 4. In any case, investments in all these concepts will be accepted in the measure and with the characteristics in which they are credited which contribute to improving the overall performance of the company. "

d) Paragraph V is replaced by the following:

" V. Other expenses

For project and address fees, architects, engineers and advisors will be allowed at most 10% of the total eligible amount.

Prior to calculation, the following correction coefficients will be applied:

Amount of Investment Considered Eligible (Euro)

300.001-600,000

Coefficient *

to 150,000

1

150.001-300,000

600.001-3,000,000

3,000,000

0.1

(*These coefficients will be applied for each tranche of the investment).

For the purposes of calculation, the budgets in assets considered ineligible shall not be taken into account. The result shall be rounded by default in the centenas. In any case, the project and address must be carried out by a competent technician.

Costs in technical and economic feasibility studies, as well as environmental impact assessment, where applicable, shall be admissible whenever the study is submitted with the application and is signed by professional competent, in any case the maximum allowable amount of EUR 1,700 for each of the two concepts. These shall not be eligible if the project and management fees are subsidised at a higher amount. '

Nine. Annex III is worded as follows:

(a) Paragraph 1.4.1 is amended as follows:

"1.4.1 Not having been a beneficiary of the NPNR investment measure in the same budget period EAFRD."

(b) Paragraph 2.1.3 is amended as follows:

"2.1.3 In the case of investments involving the transfer of the facilities from the interior of an urban area to a rural area (outside the urban area)."

Ten. A new Annex IV is added with the following wording:

" ANNEX IV

Commitment document

The collaborative engagement document in the monitoring and evaluation tasks referred to in Article 11.16 shall have the following text:

The undersigned, representative of the applicant for a grant (Company name/entity XXXX), convened by (name of the CONVOCATION) and regulated in its basic aspects by Royal Decree 1010/2015, of 6 of November, declares:

Meeting its obligations under Article 71 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development through the European Agricultural Fund Rural development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 and therefore undertakes to provide the data and all the non-confidential information necessary for the analysis of the contribution of the activities to be carried out in a subsidised manner to the objectives and priorities of the National Programme Rural Development, if the grant is granted.

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

That this input of data and information will be addressed whether it is required in a written form or through a telephone, in-person, form via e-mail or web-based forms. "

Article 2. Amendment of Royal Decree 126/2016 of 1 April 2016 laying down the regulatory basis for the granting of aid to demonstration activities and information actions, in the framework of the 2014-2020 National Rural Development Programme for the promotion of the integration of agri-food associative entities of a supra-regional character.

Royal Decree 126/2016, of April 1, establishing the regulatory bases for the granting of aid to demonstration activities and information actions, under the National Rural Development Programme 2014-2020, for the promotion of the integration of agri-food associative entities of a supra-regional character, is amended as follows:

One. Article 5 is amended as follows:

(a) Points (c) and (d) of paragraph 3 are worded as follows:

" c) To disseminate marketing forms that seek to internationalize products from priority associative entities.

d) Make known tools to ensure the efficiency of the cooperative society from a financial point of view. "

(b) Paragraph 1 (a) of paragraph 4 is read as follows:

" 1. a performance in which it is implemented, tested, evaluated and disseminated actions, methodologies or approaches that are new or unknown and which could be applied elsewhere in similar circumstances, within the scope of the agri-food associationism, in relation to the activities developed by the EAP.

The activity can take place in one of the following installations:

i. A priority associative entity or one of its cooperatives.

ii. Research, innovation or development centres.

iii. Exhibition and conference centres (e.g. agricultural and livestock fairs).

iv. Agricultural holdings. "

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

"f) Costs of travel, accommodation and maintenance of (own or outsourced) staff involved in the performance of the performance and of the assistants."

Three. Article 8 (2) is worded as follows:

" 2. The maximum aid ceiling is EUR 8,000 per share or activity. "

Four. Article 15 (4) is amended as follows:

" 4. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. "

Five. A new Article 23 is added, with the following content:

" Article 23. Graduation criteria for possible defaults.

The graduation criteria for possible defaults will be applied to determine the amount that the beneficiaries will eventually receive and will be as follows:

1. Failure to comply with the requirements of the beneficiaries laid down in Article 4, the content of the Demonstration and Information Programme provided for in Article 5 or the obligations of the beneficiaries laid down in Article 14; will result in the loss of entitlement to the recovery of the aid or the recovery of the aid.

2. Where the total implementation of the Demonstration and Information actions does not reach 70% of the grant initially approved, no aid shall be paid. If the degree of execution is less than 100% but greater than or equal to 70%, the aid shall be reduced proportionally according to the percentage not executed. '

Six. Annex I is amended as follows:

(a) The wording of paragraph 2 is worded as follows:

" 2. Transport, accommodation and maintenance costs. "

(b) Paragraph 3 is deleted.

Article 3. Modification of Royal Decree 197/2016 of 13 May establishing the basis for the granting of aid for cooperation for joint approaches to projects environmental and environmental practices in progress, in the framework of the 2014-2020 National Rural Development Programme.

Royal Decree 197/2016 of 13 May establishing the basis for the granting of aid for cooperation for joint approaches to environmental projects and environmental practices in the European Union. In the framework of the 2014-2020 National Rural Development Programme, it is amended as follows:

One. Article 1 is replaced by the following:

" Article 1. Object.

This royal decree aims to establish the regulatory basis for the granting, under competitive competition, of grants for financial support to cooperation for joint approaches with respect to environmental projects and environmental practices in progress, aimed at improving energy efficiency through the use of renewable energy. Cooperation shall involve, by the formation of a grouping or through membership of a grouping of economic interest, at least two of the following figures, a priority associative entity, an SME or other natural person or legal, the participation of a priority associative entity or an SME being essential.

The aid regulated by this royal decree of bases is framed in the National Program of Rural Development, financed by the Ministry of Agriculture and Fisheries, Food and Environment (MAPAMA) and the Fund European Agricultural Rural Development Fund (EAFRD) and regulated by Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005. '

Two. Article 2 is amended as follows:

(a) Paragraphs 2 and 3 are worded as follows:

" 2. Small and medium-sized agri-food business (hereinafter 'SME'): that micro-enterprise, small or medium-sized enterprise defined according to its staff and turnover or annual balance sheet, in accordance with the recommendation of the Commission 2003 /361/EC of 6 May, which has an agro-food and industrial economic activity (Royal Decree 475/2007 of 13 April, approving the National Classification of Economic Activities 2009, CNAE-2009). Only SMEs developing agro-food industrial activities of products listed in Annex I to the Treaty on the Functioning of the European Union (TFEU) shall be included, except for fishery and aquaculture products listed in the Annex. Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the market in fishery and aquaculture products and amending Regulations (EU) No 1379/2013 and (EU) No 1379/2013 (EC) No 1184/2006 and Council Regulation (EC) No 1224/2009 and repealing Regulation (EC) No 104/2000 Tip.

3. Beneficiary: in accordance with Article 11.3 of Law 38/2003 of 17 November, General of Grants to each of the members of the grouping which is constituted for the realization of a project of supra-regional cooperation, which must be made up of at least two of the following figures, with a location in different autonomous communities, a priority associative entity, an agri-food SME or another natural or legal person, participation of a priority associative entity or an SME. The economic interest groups described in Law 12/1991 of 29 April of Economic Interest Groups, composed of at least two of the former figures and possessing a character, shall also be considered to be potential beneficiaries. supraautonomic. "

b) Paragraph 7 is replaced by the following:

" 7. Cooperation project: collaborative and joint action, carried out by a group of beneficiaries, consisting of an analysis and evaluation that aims at the study of possible improvements to be implemented in the associative entities priority or agri-food SMEs in the energy consumption aspects of their processes related to the processing of food products. The cooperation project shall conclude, using reference values and measurements, in a series of precise and economically evaluable recommendations relating to energy efficiency. "

Three. Paragraphs 1 and 2 of Article 3 are worded as follows:

" 1. The aim of the cooperation project is to study possible improvements to be made in the priority associative entities or agri-food SMEs in the energy consumption aspects of their processes related to the processing of food products. The cooperation project shall conclude, using reference values and measurements, in a series of precise and economically evaluable recommendations relating to energy efficiency.

2. The use of renewable energy in the agri-food sector by priority associative entities and/or agri-food SMEs participating in the cooperation will be assessed as an additional objective. "

Four. Article 9 (2) is worded as follows:

" 2. The ceiling for maximum aid per project of cooperation is EUR 60,000. "

Five. Article 11 (2) is amended as follows:

(a) The wording of heading 1 (c) is replaced by the following:

"1. The initial report of the cooperation project, which will contain at least the following information:"

(b) Paragraph 1 (4) of point (c) is worded as follows:

" 4. Brief diagnosis of the starting position of the priority associative entities or agri-food SMEs involved in energy consumption aspects. "

Six. Article 16 is amended as follows:

(a) Paragraph 2 is worded as follows:

" 2. The time limit for the submission of the application for payment and the related documentation shall be as set out in the relevant call. Failure to comply with this deadline for reasons attributable to the beneficiary shall result in a penalty of 1% of the aid per working day of delay in the submission of the payment application or the related documentation. '

(b) Paragraph 6 is worded as follows:

" 6. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. "

(c) The wording of paragraph 7 (b) is amended as follows:

"b) A final report of the cooperation project containing the following minimum information:".

Seven. A new Article 24 is added, with the following content:

" Article 24. Graduation criteria for possible defaults.

The graduation criteria for possible defaults will be applied to determine the amount that the beneficiaries will eventually receive and will be as follows:

1. Failure to comply with the requirements of the beneficiaries laid down in Article 4, the characteristics of the cooperation projects provided for in Article 6 or the obligations of the beneficiaries laid down in Article 15, will result in the loss of entitlement to the recovery of the aid or the recovery of the aid.

2. Where the total implementation of the project does not reach 70% of the grant initially approved, no aid shall be paid. If the degree of execution is less than 100% but greater than or equal to 70%, the aid shall be reduced proportionally according to the percentage not executed. '

Article 4. Amendment of Royal Decree 254/2016 of 10 June establishing the regulatory basis for the granting of aid for the sustainable supply of biomass in the framework of the 2014-2020 National Rural Development Programme.

Royal Decree 254/2016 of 10 June establishing the regulatory basis for the granting of aid for the sustainable supply of biomass in the framework of the National Rural Development Programme 2014-2020, is amended as follows:

One. Article 1 is replaced by the following:

" Item 1 Object.

This royal decree aims to establish the regulatory basis for the granting, under competitive competition, of grants for financial support to cooperation projects for the sustainable supply of biomass between agents that receive or provide it, for the production of energy in the transformation of the agri-food products. In cooperation, at least two of the following figures, a priority associative entity, an agri-food SME or another, will be involved, either through the formation of a grouping or through membership of a grouping of economic interest groups. natural or legal person, the participation of a priority associative entity or an agri-food SME being essential.

The aid regulated by this royal decree of bases is framed in the National Program of Rural Development, financed by the Ministry of Agriculture and Fisheries, Food and Environment (MAPAMA) and the Fund European Agricultural Rural Development Fund (EAFRD) and regulated by Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December on support for rural development through the European Agricultural Fund for Rural Development (EAFRD) and for the repeal of Council Regulation (EC) No 1698/2005. They are in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to aid for the de minimis. "

Two. Article 2 is amended as follows:

(a) Paragraphs 2 and 3 are worded as follows:

" 2. Small and medium-sized agri-food business (hereinafter 'SME'): that micro-enterprise, small or medium-sized enterprise defined according to its staff and turnover or annual balance sheet, in accordance with the recommendation of the Commission 2003 /361/EC of 6 May, which has an agro-food and industrial economic activity (Royal Decree 475/2007 of 13 April, approving the National Classification of Economic Activities 2009, CNAE-2009). Only SMEs developing agro-food industrial activities of products listed in Annex I to the Treaty on the Functioning of the European Union (TFEU) shall be included, except for fishery and aquaculture products listed in the Annex. Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the market in fishery and aquaculture products and amending Regulations (EU) No 1379/2013 and (EU) No 1379/2013 (EC) No 1184/2006 and Council Regulation (EC) No 1224/2009 and repealing Regulation (EC) No 104/2000 Tip.

3. Beneficiary: shall be deemed in accordance with Article 11.3 of Law 38/2003 of 17 November to each of the members of the grouping which is constituted for the purpose of carrying out a project for supra-regional cooperation provided for in Article 1, which must be composed of at least two of the following figures, with a location in different autonomous communities, a priority associative entity, an SME or another natural or legal person, the participation of a priority associative entity or an SME. The economic interest groups described in Law 12/1991 of 29 April, composed of at least two of the former figures and possessing supra-regional character, shall also be considered as potential beneficiaries. '

b) Paragraph 5 is replaced by the following:

" 5. Cooperation project: collaborative and joint action, carried out by a group of beneficiaries, consisting of an analysis and evaluation that aims at the study of possible improvements to be implemented in the associative entities Priority or agri-food SMEs in the areas related to the sustainable supply of biomass. The cooperation project shall conclude, using reference values and measurements, in a series of precise and economically evaluable recommendations relating to this supply and energy efficiency. '

Three. Article 9 (2) is worded as follows:

" 2. The ceiling for maximum aid per project of cooperation is EUR 60,000. "

Four. Article 11 (2) is amended as follows:

(a) The wording of heading 1 (c) is amended as follows:

"1. The initial memory of the cooperation project that will contain the following minimum information:"

Five. Article 16 is amended as follows:

(a) Paragraph 2 is worded as follows:

" 2. The time limit for the submission of the application for payment and the related documentation shall be as set out in the relevant call. Failure to comply with this deadline for reasons attributable to the beneficiary shall result in a penalty of 1% of the aid per working day of delay in the submission of the payment application or the related documentation. '

(b) Paragraph 6 is worded as follows:

" 6. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. "

(c) The wording of paragraph 7 (b) is amended as follows:

"b) A final report of the cooperation project containing the following minimum information:"

Six. A new Article 24 is added, with the following content:

" Article 24. Graduation criteria for possible defaults.

The graduation criteria for possible defaults will be applied to determine the amount that the beneficiaries will eventually receive and will be as follows:

1. Failure to comply with the requirements of the beneficiaries laid down in Article 4, the characteristics of the cooperation projects provided for in Article 6 or the obligations of the beneficiaries laid down in Article 15, will result in the loss of entitlement to the recovery of the aid or the recovery of the aid.

2. Where the total implementation of the project does not reach 70% of the grant initially approved, no aid shall be paid. If the degree of execution is less than 100% but greater than or equal to 70%, the aid shall be reduced proportionally according to the percentage not executed. '

Article 5. Modification of Royal Decree 312/2016, of July 29, establishing the regulatory bases for the granting of support for training actions professional and acquisition of competences under the 2014-2020 National Rural Development Programme, for the promotion of the integration of agri-food associative entities of a supra-regional character.

Royal Decree 312/2016 of 29 July establishing the regulatory bases for the granting of aid for the support of vocational training actions and the acquisition of competences under the National Programme Rural Development 2014-2020, for the promotion of the integration of agri-food associative entities of a supra-regional character, is amended as follows:

One. Article 2 (3) is worded as follows:

" 3. Leader: member (holder or alternate) of the Governing Council of the priority associative entity in the year in which the grant is requested. Alternate members of the Rector Board and the leaders of the base entities of the priority associative entities may also be considered as leaders. In no case, the leaders of the base entities may assume more than 50% of the total number of students. "

Two. The first subparagraph of Article 6 (3) (b) is worded as follows:

"b) Training and learning activities: training courses with a minimum duration of 50 hours and related to the following aspects:"

Three. Article 8 (1) (e) is worded as follows:

"e) Costs of travel, accommodation and maintenance of staff and students, motivated by the achievement of didactic journeys provided for in the Training Programme."

Four. Article 9 (2) is worded as follows:

" 2. The maximum help limit per Training Program is:

a) By workshop: maximum of 1,000 euros per student participant.

b) For training and learning activities: maximum EUR 6,500 per pupil to be trained.

c) By training: maximum of 3,500 euros per student participant. "

Five. Article 15 (2) (a) is worded as follows:

" (a) Ensure that the recipients of the training actions are exclusively leaders and managers of priority associative entities, alternate members of its Governing Council and the leaders of the institutions of basis, as defined in Article 2 and by the documentation of Article 16.6.d). '

Six. Article 16 is amended as follows:

(a) The following paragraph is added at the end of paragraph 2:

"Failure to comply with this deadline for reasons attributable to the beneficiary shall result in a penalty of 1% of the aid per working day of delay in the submission of the payment application or the related documentation."

(b) Paragraph 4 is worded as follows:

" 4. The payment shall be made on the basis of justified and proven performance of the supported actions and the total expenditure of the actions. "

(c) Paragraph 5 (k) is worded as follows:

"k) Statement that 50% of the leaders of the base entities of the total number of students have not been exceeded, according to the model that will be established in the corresponding call."

(d) Paragraph 6 (d) is worded as follows:

" (d) List of registered students and justification for their membership, as a manager, leader or alternate member of the Governing Council of a priority associative entity recognised under Royal Decree 550/2014 of 27 June, or leaders of their base entities. "

Seven. A new Article 24 is included, with the following content:

" Article 24. Graduation of defaults.

The graduation criteria for possible defaults will be applied to determine the amount that the beneficiaries will eventually receive and will be as follows:

1. Failure to comply with the requirements of the beneficiaries laid down in Article 5, the content of the training programme provided for in Article 6 or the obligations of the beneficiaries laid down in Article 15 shall entail the loss of the right to the recovery of the aid or the recovery of the aid.

2. Where the total implementation of the training programme does not reach 70% of the grant initially approved, no aid shall be paid. If the degree of execution is less than 100% but greater than or equal to 70%, the aid shall be reduced proportionally according to the percentage not executed. '

Eight. Annex I is worded as follows:

(a) Paragraph 1 is worded as follows:

" 1. Coordination costs and teaching staff.

Within this heading, you will differentiate between the coordinator and the teaching staff of the course, and it can be a single person who performs both functions.

For the purposes of this royal decree, the coordinator will be understood to be responsible for the organizational aspects of the training activity in question, from the beginning to the delivery of the corresponding documentation in the Directorate General of the Food Industry. The grant of the costs of the own coordination activities will be € 300 per workshop, € 600 per training activity and € 300 for learning or training.

It will be understood by teaching staff, the person in charge of the distribution of the different didactic units from which the workshops are composed, and the learning and training activities. In this case the maximum grant will be 90 €/hour. "

(b) The wording of paragraph 3 is worded as follows:

" 3. Transport, accommodation and maintenance costs. "

(c) Paragraph 4 is worded as follows:

" 4. Expenditure arising from the subscription of accident and civil liability insurance.

Workshops: 200 €.

Training and learning activities:

-50-hour course: 400 €.

-More than 50 hours course: 550 €.

-"Coaching" (no duration specified): 200 €. "

Single transient disposition. Processing of previous requests.

Requests for assistance submitted prior to the entry into force of this standard shall be processed and resolved in accordance with the rules of procedure in force at the time of application.

Single end disposition. Entry into effect.

This royal decree will enter into force on January 2, 2017.

Given in Madrid, on December 23, 2016.

FELIPE R.

The Minister of Agriculture and Fisheries, Food and Environment,

ISABEL GARCÍA TEJERINA