Royal Decree 637/2021, of July 27, which establishes

Article 1 Object and scope of application

1. This royal decree establishes the basic standards for the zootechnical and sanitary management of poultry farms, including the minimum conditions of infrastructure, equipment and management, location, biosecurity and hygienic-sanitary conditions and environmental requirements, which allow an effective and correct development of livestock activity in the poultry sector, in accordance with current regulations on hygiene, animal health, identification and registration, animal welfare, environment and climate change.

2. The provisions established in this Royal Decree shall apply to farms in which poultry are raised or kept for the production of meat, eggs or other productions, as defined in article 2.2, or as breeders for the production of meat, for the production of eggs or other productions, without prejudice to the regulations that are directly applicable to them.

3. To the special livestock farms of dealers or commercial operators and to the concentration centers of animals, defined in annex III of Royal Decree 479/2004, of March 26, which establishes and regulates the General Registry of livestock farms, articles 12, 13, 19.d) and 19.f). 3rd of this Royal Decree will not apply.

4. Articles 6.8, 6.12.d), 6.12.e), 6.12.l), 12, 13 and 19.d) of this Royal Decree will not apply to game bird farms for release or repopulation. .

5. For self-consumption farms as defined in article 2.h) articles 3, 4, 5, 6.1 to 6.10, 6.12, 8, 9, 11, 12, 13, 15, 17, 19.a) to 19.e), 19.f) 3rd and 19.g) of this royal decree.

6. Articles 4, 5.b) to 5.d), 6.2 to 6.5, 6.8, 6.9, 6.12.b) to 6.12.l) 9, 11.2, 11.4, 11.5, 12, 13, 15, 19.b) to 19.e) and 19.g) of this royal decree.

7. Only articles 8, 16, 20 and 21 will apply to slaughterhouses.

8. The following are excepted from the scope of application of this royal decree:

Article 2 Definitions

For the purposes of the provisions of this royal decree, the definitions contained in Law 8/2003, of April 24, in Royal Decree 479/2004, of March 26, and in the Regulation (EU) 2016/429 of the European Parliament and of the Council, of March 9, 2016, regarding communicable diseases of animals and by which some acts on animal health are modified or repealed ("Legisla sobre sanidad animal" ).

1. In addition, it will be understood as:

Article 3 Classification of poultry farms

1. Poultry production and reproduction farms, as defined in section 1 of annex III of Royal Decree 479/2004, of March 26, depending on the activity or activities to which they are dedicated, will be differentiated according to the following zootechnical classification:

2. Each farm will have a single zootechnical classification for registration and identification purposes. However, the competent authorities may authorize more than one classification under the same farm code, when they consider that the biosecurity measures, and where appropriate, the health plan provided for in Annex V are adequate and sufficient to prevent the introduction and spread of contagion of diseases.

3. Poultry production farms for meat will be classified, based on their breeding system, as established in Annex II. In addition, if they are authorized to carry out slaughter on the farm, as established by Royal Decree 1086/2020, of December 9, which regulates and makes certain conditions of application of the provisions of the European Union more flexible. regarding hygiene in the production and marketing of food products and activities excluded from its scope of application are regulated, they must be classified as farms authorized for slaughter on the farm, indicating the authorization number and the maximum authorized slaughter capacity.

4. Poultry production farms for laying will be classified, based on their breeding system, as established in Annex II.

5. Poultry production farms for laying or meat may have more than one rearing system in relation to sections 3 and 4 above, only in the event that the competent authorities consider that the biosecurity measures are adequate. and traceability is ensured.

Article 4 Responsibilities in matters of hygiene, welfare, biosecurity, animal health and training

1. The owners of the farms must comply with the following obligations in terms of hygiene, well-being, biosecurity and health.

2. The owner of the farm will ensure that all the people who work with the birds have adequate and sufficient training, in accordance with the following principles:

However, the competent authorities of the autonomous communities may exempt from this requirement workers who can demonstrate a minimum of 3 years of practical experience in work related to poultry farming, which guarantees a minimum knowledge of the aforementioned matters. in the previous paragraph, without prejudice to what is established in the specific animal welfare regulations in the case of chicken farms for meat production.

Article 5 Conditions on infrastructure, equipment and management

Poultry farms must meet the following minimum infrastructure, equipment and management conditions, without prejudice to the provisions of the rest of the current regulations:

Article 6 Hygienic-sanitary and biosafety conditions of poultry farms

1. The operation of the farm will be based on the principles of hygiene and biosecurity and management by production units of the same age and health status. For this purpose, farms may apply the guides for correct hygiene practices, in accordance with the provisions of Regulation (EC) No.^o 852/2004 of the European Parliament and of the Council, of 29 December April 2004, regarding the hygiene of food products.

2. Farms must have cleaning and handling tools, and clothing and footwear for the exclusive use of the farm, both for staff and visitors.

3. The drinking water supply will be of adequate quality, and must come from the municipal supply network or from other sources. In the latter case, quality controls will be carried out, at least every six months, and if necessary, it will be subjected to treatments in order to guarantee the absence of bird or zoonotic pathogens and the growth of algae. In case of deficiencies in water quality or risk of contamination, the frequency of controls must be increased. Likewise, measures will be adopted so that contamination does not occur through water destined for other uses.

4. Feed intended for animals will be properly labeled and stored in such a way as to prevent their alteration or deterioration and contamination and prevent access to them by domestic or wild animals.

5. The farm will have a safe and protected place, suitably signposted, for the storage of veterinary drugs and medicated feed, as well as for biocidal, phytosanitary and other animal health or cleaning products.

6. They will have a management system for hazardous and non-hazardous waste generated on the farm and, in particular, residues of veterinary drugs and medicated feed, which includes the identification of authorized waste managers to whom which are destined Waste must be managed in accordance with the applicable regulations and in particular, in accordance with the provisions of Law 22/2011, of July 28, on waste and contaminated soils.

7. Farms will operate under the principle of "all in, all out", as defined in article 2.n) of this royal decree, within each production unit. After the transfer or departure of each herd or at the end of each production cycle, the production units and the tools will be properly cleaned and disinfected and a waiting period will be maintained before the introduction of the next batch of animals of at least , 12 days after said cleaning, disinfection, extermination and, where appropriate, disinsection. Likewise, and during this waiting time, the necessary analyzes will be carried out to verify the effectiveness of said operations.

Notwithstanding the foregoing, in those cases in which analytical results are available that demonstrate the effectiveness of the cleaning and disinfection carried out, the waiting time may be reduced to a minimum of seven days.

Farms authorized before the entry into force of this royal decree and that do not operate under the principles of "all in, all out", must completely empty each warehouse at least every 2 years and then adequately clean it. and disinfection, verifying its effectiveness, as described in this royal decree.

In the case of production units with outdoor breeding or production areas and ratites, the necessary hygienic-sanitary measures must be established to achieve sufficient rest for the birds, which allows effective control of infectious and parasitic agents.

8. In the incubation rooms, constant monitoring programs of the facilities and procedures will be applied to quickly detect any failure in the biosecurity measures.

The incubation rooms will be permanently subjected to cleaning and disinfection processes of the facilities.

The aforementioned cleaning and disinfection operations will be routinely recorded and verified.

9. Visits must be limited to what is strictly necessary and effective control of all visits to the farm must be carried out, by recording the date and time of the visit, identifying the persons, specifying those that correspond to veterinarians, and vehicles and place of origin.

10. In the event of the appearance of any of the epizootics provided for in Implementing Regulation (EU) 2018/1882 of the Commission, of December 3, 2018, regarding the application of certain prevention and control standards to categories of diseases enumerated in the list and by which a list of species and groups of species that pose a considerable risk for the spread of said diseases in the list is established, the rules of prevention and control of diseases will be applied in accordance with the established in Regulation (EU) 2016/429 of the European Parliament and of the Council of March 9, 2016.

11. Self-consumption farms and small farms must identify a reference veterinarian to whom they can turn in the event of specific health problems.

12. Poultry farms must comply with the following additional requirements in terms of biosecurity, hygiene and animal health:

Article 7 Poultry welfare conditions

1. The provisions of this royal decree shall be understood without prejudice to the application of Royal Decree 348/2000, of March 10, which incorporates into the legal system Council Directive 98/58/CE, relating to the protection of animals in livestock farms, Royal Decree 3/2002, of January 11, which establishes the minimum standards for the protection of laying hens, and Royal Decree 692/2010, of May 20, for which establishes the minimum standards for the protection of chickens for meat production.

2. All surgical interventions for reasons other than therapeutic or diagnostic and which may result in injury or loss of a sensitive part of the body or alteration of bone structure are prohibited. However, the competent authority may authorize:

The owner will record in the registry book the date on which the intervention is carried out and the name of the person who performs it and their DNI/NIE.

3. It is prohibited to pluck feathers or down from ratites (ostriches, emus and rheas), domestic duck (Anas platyrhynchos), Creole or Barbary duck (Cairina moschata), hybrids of Creole duck and domestic ducks (Anas platyrhynchos ) and domestic geese (Anser anser f. domesticus, Anser cygnoides f.domesticus) and their crosses.

4. When the production units consist of closed warehouses, the maximum and minimum temperatures that occur inside will be controlled daily.

5. All animals reared on the ground must have permanent access to bedding or litter and their caking on the surface must be avoided. Said bedding will be kept in such conditions, throughout the entire breeding period, that injuries to the animals are avoided.

6. All farms must be able to guarantee the supply of water in sufficient quantity and quality, even during supply cuts, including it in the animal welfare plan provided for in the Integrated Management System for poultry farms, as described in includes in section 11 of annex V, the measures implemented for this.

Article 8 Conditions on location and sanitary separation

1. In order to reduce the risk of spreading infectious-contagious diseases in birds, any farm that is installed after the entry into force of this royal decree must respect a minimum distance of 500 meters with respect to the existing poultry farms or with respect to any other establishment or facility that may represent a hygienic-sanitary risk. For these purposes, category 1 and 2 animal by-product transformation plants not intended for human consumption, poultry slaughterhouses, landfills, warehouses and intermediate plants for manure, slurry or sludge stores will be included. sewage treatment plants, water treatment plants, and any other facility where epidemiologically related animals, their carcasses or parts thereof are kept.

As regards manure stores, these distances will not apply if only manure from the farm itself is stored there.

In the case of rearing farms for breeding or breeding birds and multiplication farms, this distance must increase up to 1,000 meters and in the case of selection farms this distance must increase up to 2,000 meters.

For the application to the land of manure, slurry or sewage sludge, the distance of 100 meters will be respected with any exploitation, except with those of selection, multiplication and rearing of breeding or reproductive birds that will be 200 meters, unless appropriate of the farm itself.

Apart from the establishments mentioned in this section, the competent authorities may establish distances to other farms of epidemiologically related species, to zoological centers that house birds or to any other establishment or facility that presents a hygienic-sanitary risk, if they deem it to be. prompt.

2. The measurement, to calculate this distance, will be carried out on a map (topographic distance) and will be carried out taking as a reference the place where the animals are housed closest to the one in which the aforementioned distance is to be established and up to the place referred to, for public roads, in article 13 of Law 38/2015, of September 29, on the Railway Sector, and in article 29 of Law 37/2015, of September 29, on Highways, and until public hydraulic domain established in article 2 of Royal Legislative Decree 1/2001, of July 20, which approves the consolidated text of the Public Water Law.

3. The aforementioned location conditions will also apply to surface extensions for the maintenance of birds carried out by farms that are in operation prior to the publication of this royal decree, so that they can only be carried out if the conditions established in section 1 are respected.

4. The distances referred to in section 1 will be applied reciprocally between farms and other establishments.

5. Exceptionally, and with the corresponding technical justifications, the competent authority may authorize, at most, a reduction of 10% in the minimum distances established by this royal decree, previously analyzing the epidemiological risks of the facility, taking taking into account, at least, the orography of the land, the orientation of the prevailing winds and the biosafety conditions of the facilities, and establishing the complementary measures that it deems appropriate.

In addition, in those cases in which the measurements on the ground exceed the measurements on the plan by more than 30% and there are natural barriers or terrain accidents that minimize the risks of spreading diseases, the competent authority may reduce the distances minimums established by this royal decree in an additional 10% with respect to the previous paragraph.

6. The insular autonomous communities may modulate the minimum distances established by this royal decree based on the characteristics of the areas in which they are located and the additional complementary measures that are established, without in any case being able to reduce them in more than 20%.

7. Likewise, the competent authority of the autonomous community may limit the installation of new poultry farms and their maximum capacity for environmental or health reasons, in areas declared by the autonomous community as having a high livestock density or as vulnerable, under the terms established by Royal Decree 261/1996, of February 14, on the protection of waters against pollution produced by nitrates from agricultural sources.

8. In order to reduce the risk of flooding and, consequently, increase their biosafety conditions, the location of the facilities will take into account the observance, as appropriate, of articles 9 and following of the Hydraulic Public Domain Regulations, approved by Royal Decree 849/1986, of April 6, which develops the preliminary titles, I, IV, V, VI, VII and VIII of the revised text of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20th.

Article 9 Integrated Poultry Farm Management System (SIGE)

1. All poultry farms will have a Comprehensive Poultry Farm Management System (hereinafter SIGE), which will include, as a minimum, the elements detailed in Annex V. The content of the SIGE must be updated, at least , every 5 years and, in any case, whenever the exploitation substantially modifies its facilities or management practices and when there is a change in current regulations that affects its content.

2. The farm veterinarian will prepare those sections of the Comprehensive Poultry Farm Management System related to health, animal welfare, hygiene and biosecurity.

Article 10 Ante-mortem inspection of poultry

1. In order to send poultry for slaughter in the slaughterhouse, a prior inspection must be carried out on the farm, as established in article 5 of Commission Delegated Regulation (EU) 2019/624 of 8 of February 2019, regarding specific rules regarding the performance of official controls on the production of meat and regarding the areas of production and reinstallation of live bivalve molluscs.

2. Obligations derived from the inspection.

3. Likewise, at the request of the farm veterinarian, the competent authority may authorize the slaughter of birds on the farm, in accordance with the provisions established in Article 11 of Regulation (EC) No.^o 1099 /2009, of September 24, regarding the protection of animals during slaughter, and other concordant European and national regulations, at the end of their production cycle, or for zootechnical reasons.

Article 11 Manure management on the farm

1. The provisions of this article shall apply to all poultry farms.

2. The owner of the farm must present a manure management and production plan, included in the SIGE, in accordance with annex V.

3. The owner of the poultry farm is responsible for ensuring the traceability of the manure and accrediting its proper management in accordance with the provisions of this Royal Decree. Likewise, it will provide the competent administrations in the matter, including the environmental one, all the information requested and the inspection actions that they order.

4. Farms that store manure on their farm must cover it in a place whose floor is waterproofed and have a leachate collection system for proper treatment. The manure storage capacity must be sufficient and appropriate to the management foreseen in the manure management and production plan.

5. They must also have structures that prevent the risk of infiltration and contamination of surface and groundwater.

6. Manure may be handled on the farm itself, with the necessary precautions to ensure the protection of human or animal health and the environment, provided that it does not involve mixing with manure from other farms, and provided that the final destination of the same is one of the destinations described in the following sections a) or b):

Article 12 Reduction of emissions in the exploitation

1. Without prejudice to the obligations and deadlines established in other regulations, especially in the consolidated text of the Integrated Pollution Prevention and Control Law, approved by Royal Legislative Decree 1/2016, of December 16, for those exploitations included in its scope of application, of the provisions of the Execution Decision (EU) 2017/302 of the Commission, of February 15, 2017, which establishes the conclusions on the best available techniques (MTD) in the framework of Directive 2010/75/EU of the European Parliament and of the Council regarding the intensive farming of poultry or pigs, and Royal Decree 815/2013, of October 18, which approves the Regulation of industrial emissions and development of Law 16/2002, of July 1, on the prevention and integrated control of pollution, regarding the intensive farming of poultry or pigs:

Alternatively, these farms may reduce their maximum authorized capacity to reduce their level of ammonia emissions to levels equivalent to the percentages established in said section.

2. However, if in view of the annual reports on the evolution of the emission limits set for Spain, deviations from the established reduction path are detected, reduction measures will be adopted for the rest of the species not included in the section 1, in accordance with the provisions of the sixth final provision.

Article 13 Registry of Best Available Techniques (MTDs) in poultry farms

1. To guarantee compliance with the requirements for the reduction of emissions established in article 12 of this standard, the Registry of Best Available Techniques in Exploitations created by Royal Decree 306/2020, of February 11, will be used. which establishes basic regulations for the management of intensive pig farms, and modifies the basic regulations for the management of extensive pig farms.

2. This record will be used to record, both in each farm and in aggregate, the levels of emissions of polluting gases and greenhouse gases, as well as the Best Available Techniques used in each farm to reduce emissions.

3. The owner of the exploitation will notify the competent authority of the autonomous community of the Best Available Techniques, used to reduce emissions of polluting gases and greenhouse gases during the previous year, in accordance with the deadlines established in section 2.f) of the seventh final provision.

4. The competent authorities will update the registration information through the information received in the notifications made by the owners of the farms of hens, chickens and turkeys, in accordance with the provisions of article 19.d).

5. Annually, the competent authorities of the autonomous communities will notify the Ministry of Agriculture, Fisheries and Food, before April 1, a list with information on the Best Available Techniques used by the farms to comply with the provisions of Article 12. For this purpose, the General Directorate of Agricultural Productions and Markets will enable computer procedures for the systematization of the collection of said information.

6. In accordance with the provisions of Royal Decree 818/2018, of July 6, on measures to reduce national emissions of certain air pollutants, the Spanish Inventory System (SEI) will annually prepare and update information on the sector agriculture of the emissions inventory, reflecting in its annual report the evolution of emissions from the poultry sector. To do this, it may take into account the annual information sent by the autonomous communities to the Registry of MTDs. The aforementioned report will be submitted to the Management Board of the livestock sectors created by Royal Decree 306/2020, of February 11, in its article 18. The annual report will be issued, for the first time, before June 30, 2023 .

Article 14 Movement of animals and hatching eggs from poultry farms

1. The intra-community movement of animals affected by this royal decree will be governed by the provisions of articles 124 et seq. of Regulation (EU) 2016/429 of the European Parliament and of the Council, of March 9, 2016, and imports and exports will be governed by articles 229 and following of said Regulation and by the regulations on specific export agreements. Each movement of the animals subject to regulation in this royal decree will be subject, in addition to the provisions of said Regulation and its implementing regulations, to the requirements established by Law 8/2003, of April 24, and by Royal Decree 728/2007, which establishes and regulates the General Registry of Livestock Movements and the General Registry of Individual Identification of Animals.

2. Without prejudice to what is established by the Union regulations on animal health, the movements of animals between the different poultry farms will be carried out in accordance with the provisions of Annex VI.

3. Any other movement that does not appear in annex VI will require the express authorization of the competent authorities.

4. For the movement within the national territory of the animals affected by this royal decree, it must be accredited in the official certificate of national movement that the general and specific requirements that are contemplated in annex VII for each case are met. Said certificate will have a maximum validity, once issued, of five days.

Article 15 Identification of animals and hatching eggs

1. All poultry and hatching eggs that leave a farm will do so in physically or electronically sealed transport devices, so that, to open them, it is essential to destroy the seal and/or its opening is recorded, as well as the reason for its opening.

For these purposes, a transport device shall be understood as any system used to move poultry and hatching eggs between farms or other related facilities, including cages, boxes, trays and elements of transport vehicles that that house the load and that ensures, at all times, a clear separation between animals of different origins.

In the case of transporting day-old chicks in boxes, these may not be sealed. Nor will it be necessary to seal for breeding birds that are transported to other farms for life and they must be identified in any case through a system that allows their origin to be known.

In the event that the transport vehicles used for transfers contain animals from a single origin and with a single destination, it will be sufficient to seal the loading device of the vehicle that houses the birds as a whole.

2. Each cage or device where the animals are transported will carry, in the corresponding seals, an indelible and legible mark that will unequivocally identify the farm of origin of the transported poultry. The brand will indicate the exploitation code in accordance with the structure and in the order established in article 5 of Royal Decree 479/2004, of March 26.

Article 16 Registration of poultry farms

1. The General Registry of Livestock Farms, established in article 3 of Royal Decree 479/2004, of March 26, will contain information on all poultry farms located in Spain. In the case of slaughterhouses, this registry will be understood without prejudice to the provisions of Royal Decree 191/2011, of November 29, on the General Sanitary Registry of food and food companies.

2. The autonomous communities will register in a register the poultry farms that are located in their territorial scope in accordance with the provisions of Royal Decree 479/2004, of March 26, in accordance with the classifications established in article 3 of this royal decree, in which they will record all the data established in annex II thereof, except its sections B.8) and B.10).

3. The registers of the autonomous communities will be computerized and their management system will allow, in any case, that the registrations, deletions and modifications made in them are immediately reflected in the General Register of livestock farms.

4. In the case of chicken farms for meat production, the information regarding the maximum authorized density will be included in the General Registry of Livestock Farms, and in accordance with Royal Decree 692/2010, of 20 May, which establishes the minimum standards for the protection of chickens for meat production and modifies Royal Decree 1047/1994, of May 20, regarding the minimum standards for the protection of calves.

5. Owners of self-consumption farms, as defined in article 2.h), will be obliged to make a prior communication so that they are included in the General Registry of livestock farms.

Article 17 Record book

1. The owners of the exploitations must keep an updated exploitation registry called, hereinafter, the registry book.

2. The record book will be kept manually or computerized, and will be accessible to the competent authority, including the environmental authority, at its request, during the period that it determines and that, in any case, may not be less than three years after the end of the exploitation activity.

3. The registry book will contain, at least, the data included in annex X, without prejudice to any other information established by current regulations.

Article 18 Authorization and registration of new farms, expansion of existing ones or change of zootechnical orientation of existing farms

1. From the entry into force of this royal decree, in order to register the farms in the Register of poultry farms established in article 16, except those for self-consumption, they must have been previously authorized by the competent authority in accordance with the provided in article 36 of Law 8/2003, of April 24. In turn, in order to be authorized, farms must prove compliance with the requirements established in this Royal Decree.

2. For the purposes of the aforementioned authorization, a provisional authorization may be granted depending on the new exploitation installation project, or expansion of the existing one, which will be subject to subsequent verification by the competent authority, which will verify that , once completed, the installation or extension has been carried out according to the project on the basis of which the provisional authorization was granted.

3. Authorizations may be suspended or terminated by the competent authority that granted them, at least in the following cases:

4. An authorization for expansion or change of zootechnical orientation may be granted, provided that the requirements established in this royal decree are met.

5. Without prejudice to what is established in the previous section, the competent authority may grant an authorization to expand or change zootechnical orientation, to farms duly authorized and registered in the General Registry of Livestock Farms prior to entry into force of this royal decree, even if they do not comply with the conditions on location and sanitary separation established in article 8, provided that the expansion of the exploitation or the change of zootechnical orientation does not imply a reduction of the existing distances with the establishments or facilities that may constitute a source of contagion, nor, in the opinion of the competent authority, an increase in health risk.

6. In all cases, the sense of the administrative silence of the requests will be rejecting, in accordance with the provisions of article 24.1, second paragraph, of Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations.

Article 19 Obligations of the owners of the exploitations

Without prejudice to the obligations derived from the application of current regulations, the owners of poultry farms must:

In the event that different breeding systems are used on the same farm, it will be mandatory to indicate the census of each of said systems.

Article 20 On-the-spot controls and coordination mechanisms between competent authorities

1. The competent bodies of the autonomous communities, depending on the powers granted, will carry out the necessary controls, including on the ground, to verify compliance with the conditions and requirements established by this royal decree.

2. The Ministry of Agriculture, Fisheries and Food together with the Ministry for the Ecological Transition and Demographic Challenge, in collaboration with the autonomous communities, will implement coordination mechanisms that ensure a homogeneous application of this royal decree throughout the national territory through the management coordination table created by Royal Decree 306/2020, of February 11. The coordination of the execution of on-the-spot controls will be carried out through a harmonized control program presented by the coordination table itself, which will lay the foundations for the execution of official controls by the competent authorities of the communities. autonomous.

3. Without prejudice to the provisions of Royal Decree 526/2014, of June 20, which establishes the list of notifiable animal diseases and regulates their notification, the autonomous communities that establish programs animal disease control physicians must notify the Ministry of Agriculture, Fisheries and Food:

Article 21 Penalty regime

1. In the event of non-compliance with the provisions of this royal decree, the applicable infractions and sanctions regime will be applied in accordance with the provisions of Law 8/2003, of April 24, on animal health; Law 32/2007, of November 7, for the care of animals, in their exploitation, transport, experimentation and sacrifice, and in Royal Decree 1945/1983, of June 22, which regulates infractions and sanctions in the field of consumer defense and agri-food production.

2. In case of non-compliance with the provisions of articles 6.6, 9, 11, 12, 13 and 19 and concordant of this royal decree, the applicable infractions and sanctions regime will be applied, as appropriate, in accordance with the established in the consolidated text of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20; Law 22/2011, of July 28, on waste and contaminated soils; Law 34/2007, of November 15, on air quality and protection of the atmosphere, or Royal Legislative Decree 1/2016, of December 16.

3. The provisions of the preceding sections shall apply without prejudice to environmental, civil, criminal or other responsibilities that may arise.

First additional provision No increase in spending

The provisions of this royal decree will not mean an increase in public spending

Second additional provision Mutual recognition clause

Goods legally marketed in another Member State of the European Union or in Turkey, or originating in an EFTA State that is a signatory to the EEA Agreement and legally marketed in it, are considered to comply with this provision. The application of this provision is subject to Regulation (EU) 2019/515 of the European Parliament and of the Council, of March 19, 2019, regarding the mutual recognition of goods legally marketed in another Member State and which repeals the Regulation (CE) n.^or 764/2008, or regulation that replaces it.

Third additional provision Applicability of the Council of Europe Recommendations

Without prejudice to the provisions of this standard, the content of the Recommendation regarding domestic ducks (Anas platyrhynchos) adopted by the Standing Committee of the European Convention for the protection of animals on livestock farms on June 22 will apply. of 1999, of the Recommendation relative to Creole or Barbary ducks (Cairina moschata) and hybrids of Creole ducks and domestic ducks (Anas platyrhynchos) adopted by the Standing Committee of the European Convention for the protection of animals kept on livestock farms on June 22, 1999, of the Recommendation regarding domestic geese (Anser anser f. domesticus and Anser cygnoides f. domesticus) and their crosses adopted by the Standing Committee of the European Convention for the protection of animals kept on livestock farms on June 22, 1999. June 1999, of the Recommendation concerning turkeys (Meleagris gallopavo ssp) adopted by the Standing Committee of the European Convention for the protection of animals kept for farming purposes on June 21, 2001, of the Recommendation concerning domestic hens (Gallus gallus) adopted by the Standing Committee of the European Convention for the Protection of Animals kept for Farming Farms on November 28, 1995, and of the Recommendation concerning ratites (ostriches, emus and rheas) adopted by the Standing Committee of the European Convention for the protection of animals in livestock farms on April 22, 1997.

By resolution of the General Directorate of Agricultural Productions and Markets, which will be published in the "Official State Gazette", and through the website of the Ministry of Agriculture, Fisheries and Food, the content of the aforementioned recommendations.

First transitory provision Registration and authorization of exploitations

1. Notwithstanding the provisions of articles 16 and 18, the farms already registered in the registry referred to in article 16, or those already authorized in accordance with article 36 of Law 8/2003, of April 24, will maintain such registration or authorization, without prejudice to the fact that, in the event of expansion of the facilities, article 18 is applicable to them.

2. Likewise, the owners of farms existing prior to the entry into force of this Royal Decree must communicate to the competent authority the necessary data to update their zootechnical classification in the Registry, in accordance with the provisions of article 3. , within the period determined by it and not exceeding 18 months from the entry into force of this royal decree.

3. Likewise, except in the cases provided for in section 2 of the seventh final provision, the owners of existing farms at the time this royal decree comes into force will have a period of six months to adapt to the provisions in this standard, and make the communications in question to the competent authority of the autonomous community, so that it updates the information required with respect to each exploitation.

Second transitory provision Resolution of files in process

The files corresponding to farms in the authorization phase and with respect to which no final decision has been made by administrative means, will be resolved in accordance with the application of the regulations in force at the time of submission of the application.

Notwithstanding this, the competent authority, for the purposes of article 36 of Law 8/2003, of April 24, may apply the provisional authorization provision on the submitted project referred to in article 18.2.

Sole repeal provision Regulatory repeal

1. Royal Decree 1084/2005, of September 16, on the management of meat poultry farming, and Royal Decree 328/2003, of March 14, which establishes and regulates the poultry health plan, are hereby repealed.

First final provision Modification of Royal Decree 692/2010, of May 20, which establishes the minimum standards for the protection of chickens intended for the production of meat and modifies Royal Decree 1047/1994, of May 20, regarding the minimum standards for the protection of calves

One. Sections 1 and 2 of article 6 are worded as follows:

Second final provision Modification of Royal Decree 3/2002, of January 11, which establishes the minimum standards for the protection of laying hens

Article 3.1 is modified as follows:

Third final provision Competence title

The provisions of this royal decree will have the character of basic state regulations, under the provisions of article 149.1.13.ª of the Constitution, which attributes to the State competence over the bases and coordination of general planning of economic activity.

Additionally, articles 4 to 10 are issued jointly under the provisions of article 149.1.16 of the Constitution, which attributes to the State exclusive jurisdiction over the bases and general coordination of health.

Articles 11 to 13, 20.1 and 21 are issued jointly under the provisions of article 149.1, in its 13th, 16th and 23rd rules of the Constitution, which attributes to the State the competence exclusive in basic legislation on environmental protection.

And article 14.1 is issued under the protection of the first paragraph of article 149.1.16.ª of the Spanish Constitution, which attributes exclusive competence to the State in foreign health matters.

Fourth final provision Faculty of modification

The heads of the Ministries of Agriculture, Fisheries and Food, and for the Ecological Transition and the Demographic Challenge are empowered to jointly modify the content of the annexes, for their adaptation to European regulations.

Final provision fifth Faculty of development

The heads of the Ministries of Agriculture, Fisheries and Food and for the Ecological Transition and the Demographic Challenge are empowered to issue the necessary provisions for compliance with the provisions of this royal decree, in particular, for the preparation of a rule relating to the welfare of poultry, in order to fully incorporate the recommendations of the Council of Europe into the internal legal order.

Sixth final provision Safeguard mechanism in relation to national emission limits

1. To guarantee compliance with the requirements for the reduction of emissions established in article 4.3 of Royal Decree 818/2018, of July 6, the Management Board of the livestock sectors will evaluate, annually, the reports on emissions from the poultry sector, as well as the linear trajectory of their evolution.

2. If, in view of the reports corresponding to the years 2023, 2024 and 2025, it is derived from this analysis that there may be a risk of deviation from the linear trajectory established between the emission limits set for Spain for the years 2020 and 2030, the table will propose, before June 1, 2026, the establishment of additional measures to those proposed in article 13 of this royal decree, which must be applied as of December 31, 2026.

Final provision seven Entry into force

1. This royal decree will enter into force the day after its publication in the "Official State Gazette".

2. Notwithstanding the provisions of the previous paragraph: