Name of law Law amending and supplementing the law on helping farmers Named Bill a bill amending and supplementing the law on helping farmers adopt date 30/04/2014 number/year 2014 Official Gazette Decree No 40/118
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending and supplementing the law on helping farmers, adopted by HLÌI National Assembly on 30 April 2014.
Issued in Sofia on May 10, 2014.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Zinaida Zlatanova
amending and supplementing the law on support to farmers (official SG. 58 of 1998; amend., SG. 79 and 153 of 1998, no. 12, 26, 86 and 113 of 1999 No. 24 of 2000 No. 34 and 41 of the 2001 46/96 and by 2002, no. 18 of 2004, no. 14 and 105 by 2005. , PC. 18, 30, 34, 59, 80, 96 and 108 of 2006, St. 13, 53 and 59 since 2007, PCs. 16, 36, 43 and 100 of 2008, PCs. 12, 32, 82, and 85 of 2009, PCs. 59 by 2010, PC. 8 by 2011, issue. 38 by 2012 and St. 15, 66, 101 and 109 by 2013)
§ 1. In art. 1 point 7 is created:
"7. the implementation of the rural development programme for the period 2007-2013 and of the rural development programme for the period 2014-2020."
§ 2. In art. 10 g al. 2 and 3 are repealed.
§ 3. In art. 11, para. 5 after the word "Fund" is added "is a Government Office which".
§ 4. In art. 14 the following endorsements are added:
1. In paragraph 8. 1 create new item 12 and 13:
"12. up to twenty-five per cent of the amounts resulting from the application of reductions and exclusions, in the implementation of cross-compliance;
13. up to twenty percent of the recovered from beneficiaries as a result of irregularities or negligence amounts in the form of a fixed fee for the costs of recovery; ".
2. in the Al. 2, after the word "Fund" a comma and add "with the exception of the Al. 1, item 12 and 13.
3. a new paragraph. 3:
"(3) the resources of the Al. 1, 12 and 13 shall be expended solely for helping farmers in State aid schemes and other, financed with funds from the national budget. "
§ 5. In art. 19, para. 1 is hereby amended as follows:
1. point 3 is repealed.
2. Point 6 is replaced by the following:
6. Approves the amount of the resources of the national financing schemes; ".
3. In paragraph 7, the words "when it considers that this is necessary ' shall be replaced by" placed by the Executive Director or the Board members ".
§ 6. In art. 27 the following amendments and supplements shall be made:
1. a new paragraph. 4:
"(4) paragraph 3 shall not be applied in respect of recoverable amounts on individual schemes or measures paid by European funds, that no interest shall not exceed the equivalent in LEVs of 100 euros."
2. The current paragraph. 4 it al. 5.
§ 7. In art. 32 make the following amendments and additions:
1. In paragraph 8. 5 in the text before paragraph 1 the word "regulations" shall be replaced by "Decree".
2. a para. 6:
"(6) submission of an application for aid, the application for registration and the application for assistance and the signing of the application and the annexes thereto shall be made in person by the applicant or by his authorised representative with an explicit proxy with notary certified signature. Up″lnomoŝitelât is responsible for all data submitted signed statements and other actions carried out by the authorized person. "
§ 8. Create art. 33A and 33B:
"Art. 33. (1) the Ministry of agriculture and food, creates in the identification system for agricultural parcels a specialized layer "Area in good agricultural condition" which includes areas in good agricultural condition within each physical block, on the basis of the criteria laid down in the Ordinance under art. 40, para. 3. (2) the data in the system for the identification of agricultural parcels, which relate to physical blocks and a specialized layer "Area in good agricultural condition", are updated annually to reflect the real situation and the use of the areas. The scope of a specialized layer shall be approved by an order of the Minister of agriculture and food in the order determined by the Ordinance under art. 30, para. 6. (3) the Ministry of agriculture and food, creates a layer of "permanent grassland" in order to preserve permanent grassland, which is approved by order of the Minister of agriculture and forests, in turn, determined by the Ordinance under art. 30, para. 6.
(4) the layers under para. 3 areas may be declared for helping with direct payments only as permanent grassland.
(5) layer "Area in good agricultural condition" and layer "permanent grassland" are public at the time of submission of applications for support, from 1 March to 9ûni of the year and are announced on the Internet pages of the Ministry of agriculture and food and the State Fund "Agriculture".
Art. 33 (b) (1) the conversion shall be prohibited and by farmers ploughing of permanent grassland, included in the layer "permanent grassland".
(2) the Minister of agriculture and food, may, before 1 March, on an exceptional basis to authorize by order the farmer plowing or conversion of permanent grassland, included in the layer "permanent grassland", which are his property, provided that another area of the holding be converted accordingly into constantly grassed area.
(3) the control of compliance with the Al. 1 shall be exercised by the paying agency, by carrying out checks in accordance with art. 37 or from designated by order of the Minister of agriculture and food officials.
(4) where a farmer or razoral he is permanently grassed area, included in the layer "permanent grassland", without permission, the Minister of agriculture and food, issued an order, which provides that the refund of this area in permanent pasture within 6 months. "
§ 9. Article 41 shall be replaced by the following: "art. 41. (1) farmers who use agricultural area on the basis of a legal basis, can apply for payment under the single payment scheme. Users of agricultural areas can be:
1. their respective owners;
4. the cooperatives, which have been granted property for joint processing;
5. users of agricultural land under art. 37 in, al. 4 or 10 of the law on ownership and use of agricultural land.
(2) the legal basis for the use of agricultural land in the Al. 1 shall be demonstrated by:
1. title deeds, decisions of the municipal offices on Agriculture entered contracts to acquire ownership of lands, or decisions under art. 37, al. 4 of the law on ownership and use of agricultural land;
2. contracts for the lease or rental of agricultural land;
3. contracts for the provision of agricultural land of cooperative for joint processing;
4. orders the array allocation under art. 37 in, al. 4 or 12 of the law on ownership and use of agricultural land;
5. orders of the Minister of agriculture and food or the mayors under art. 37 in, al. 10 of the law on ownership and use of agricultural land;
6. the judgements, in lieu of acts referred to in paragraph 1;
7. licences for grazing under art. 50, item 5 of the law of protected areas with cadastral numbers included in them or the number on the map of the restituted property on the estate.
(3) Applicants for support under para. 1 submit an application under art. 32, para. 1 for the calendar year concerned, the legal basis for the use of these agricultural areas in the municipal offices on agriculture in which the areas. The legal basis for the use of land shall be registered in a specialized software product, created by the Ministry of agriculture and food.
(4) the municipal offices on Agriculture screened the applications for support for the presence of a legal basis under para. 1 for the use of the agricultural areas of the candidates to support, through the specialized software product under para. 3. The municipal offices on agriculture do not introduce the information according to art. 32, para. 4 in the system of art. 31, para. 1 alleged to support agricultural areas, for which the legal basis has been established for their use and when the operator on the ground has not made the contribution at 37 c, para. 7 of the law on ownership and use of agricultural land.
(5) detailed rules for the application of paragraphs 1 and 2. 3 and 4 shall be settled by the Ordinance under art. 32, para. 5.
(6) the registration of the legal basis for the use of agricultural land in accordance with para. 3 takes place in the municipal offices on agriculture in which the areas in the period from 1 October to 15 February of the following year. "
§ 10. In art. 42 following amendments and supplements shall be made:
1. The current text becomes paragraph 1 and the words "after consultation with the European Commission, ' shall be deleted.
2. a para. 2:
"(2) the Minister of agriculture and food approved by order Guide for the application of the statutory management requirements and methodology for the implementation of cross-compliance, as well as changes thereto, and publish them on the website of the Ministry."
§ 11. In art. 43 following amendments and supplements shall be made:
1. In paragraph 8. 1 item 2 is amended as follows:
"2. to support the stated areas are included in specialized layer under art. 33 a, para. 1; ".
2. in the Al. 3:
a) in paragraph 2 the words "the conditions to maintain the land in good agricultural and environmental condition" shall be replaced by the words "requirements for cross-compliance";
(b) in item 4) add "or has stated areas which do not meet the conditions for eligibility for the aid laid down in the Ordinance under art. 40, para. 3 ";
in t. created) 6 and 7:
"6. the stated areas of support are not included in a specialized layer under art. 33 a, para. 1 for the year in question;
7. the applicant for assistance is not a user of the agricultural areas. "
3. Paragraph 5 shall be repealed.
§ 12. In art. the following 44 amendments:
1. The first subparagraph of paragraph 1 shall be repealed.
2. in the Al. 2, after the words "national" top-ups "and is added for specific assistance.
§ 13. In art. 46, para. 1 the words "on an area shall submit an application for the calendar year" are replaced by "State support for the calendar year," and the words "para. 2 "are replaced by" para. 3. "
§ 14. In art. 47, para. 2 make the following amendments and additions:
1. In paragraph 2, the words "para. 2 ' shall be deleted.
2. In paragraph 5, the words "the conditions to maintain the land in good agricultural and environmental condition" shall be replaced by the words "requirements for cross-compliance".
3. point 7 shall be:
"7. the applicant for assistance is not a user of the agricultural areas."
§ 15. Art is created. 49A:
"Art. 49. Who violates the prohibition under art. 33 (b), para. 1 or fails to fulfill the obligation under art. 33 (b), para. 4 shall be punishable by a fine or penalty payment of 500 to 10 000 BGN.
§ 16. In art. 50, para. 1 creating the second sentence: "the offences under art. 49 (a) shall be established with certain acts of the Executive Director of the Fund by certain employees or by an order of the Minister of agriculture and food officials. "
§ 17. In Chapter five "administrative penal provisions" creates art. 52:
"Art. 52. (1) a farmer who in violation of the law get fuel vouchers, is punishable by a fine for individuals in size from 2000 to 5000 BGN, and for legal entities with a proprietary sanction from 5000 to 10 000 LEVs.
(2) a farmer who used: 1. fuel vouchers;
2. gas oil that is purchased with vouchers for fuel, shall be punished with fine – for the natural persons in size from 2000 to 5000 BGN, and for legal entities – with a proprietary sanction from 5000 to 10 000 LEVs.
(3) in the cases referred to in para. 1 and 2, the farmer is obliged to refund the face value of the vouchers received, together with legal interest from the date of their receipt.
(4) the acts of infringements on al. 1 and 2 shall be drawn up by officials from the relevant regional Directorate of the State Fund "Agriculture", which was commissioned to carry out the checks.
(5) the penal provisions shall be issued by the Director of the Regional Directorate of the State Fund "Agriculture" or by officials authorised by him.
(6) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions. "
§ 18. In § 1 of the additional provision establishes that: 52
"52." cross-compliance "are the statutory management requirements and the standards of good agricultural and environmental condition. Cross-compliance includes requirements in the areas of public health, animal and plant health, the environment and animal welfare. "
Transitional and final provisions § 19. (1) farmers, who are entitled to payments under the single area payment scheme in 2014, may receive support under the scheme for redistributive payment. Prerazpredelitelnoto payment shall be provided in the form of excessive payment for first to 30 HA, of which the farmer has received support under the single area payment scheme.
(2) does not receive payment for helping applicants redistributive found that they broke up his holding in order to benefit from it within the meaning of art. 125 article 6 of Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, amending regulations (EC) No 1290/2005, (EC) no 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ , L 30/16 of the 31 January 2009).
(3) application of prerazpredelitelnoto payment shall be settled by the Ordinance under art. 44, para. 2.
§ 20. Paragraph 9 shall enter into force from 1 January 2015.
The law was adopted by the 42nd National Assembly on 30 April 2014 and is stamped with the official seal of the National Assembly.
President of the National Assembly: Mihail Mikov