Decree Amending The Decree On Subsidies For Environmentally Friendly Operation Of Wetlands

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om tilskud til miljøvenlig drift af vådområder

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121251

Decree amending the Decree on subsidies for environmentally friendly operation of wetlands

§ 1

In executive order No. 893 of 22. September 2005 for grants to environmentally friendly operation of wetlands, as amended by Decree No. 1411 of 13. December 2006 and Decree No. 703 of 21. June 2007, shall be amended as follows:

1. In article 2 the following paragraph 3 is added:

' (3). By a new owner or lessor entry into an undertaking for the purposes of this Ordinance also grants an owner's entry at the termination of the lease. '

2. Throughout this notice the words ' Directorate of Food Business ' to: ' Food Business ', ' Directorate ': ' Food Business ', ' Directorate ': ' Food Business ', ' Directorate of Food Business ' to: ' Food Business ' and ' Directorate ': ' Food Business '.

3. section 4 is replaced by the following: ' article 4. Food Business shall take a decision in accordance with this Decree. '

4. § 5, paragraph 1, is replaced by the following: ' Food Business shall carry out checks in connection with the Administration after this notice. '

5. § 6, text heading to section 7 and section 7 is repealed.

6. In section 13, paragraph 1, the words ' without prejudice to article. § 6,«.

7. In paragraph 15 shall be added as paragraph 2:

' (2). Food Industries can in special cases, grant a derogation from the time limit referred to in paragraph 1. '

8. In section 22, the words ' without prejudice to article. section 4, paragraph 2 '.

9. Under section 36 shall be inserted in Chapter 5:

» Reduction and elimination of subsidies

§ 36 a. failure to comply with the conditions for grant commitments may result in reduction of the grant, including in cases where the non-compliance is due to a new undertaking's conditions, and where the grant for that tilsagnsår is to be paid for an earlier undertaking gardens, see. § 39, paragraph 3. Food Business shall, in accordance with the provisions of the Community decision on the size of the reduction.

(2). Joins a new owner or tenant in a commitment to grant, see. § 43, on the basis of a manufacturer switch statement received in Food Profession later than 8 weeks after the date of the transfer of financial responsibility for the operation of the area, ineligibility for the area of the tilsagnsår within which, a manufacturer of switch statement is received. If the time limit of 8 weeks expires on a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follow hereafter. '

10. In section 38 shall be inserted after ' Nemkonto ': ' without prejudice to article. However, section 39 (3) '.

11. In article 39, paragraph 1, shall be inserted after ' subsidies for a tilsagnsår, ': ' to the inspection authority has the necessary access to areas in connection with on-the-spot checks, and '.

12. In article 39, paragraph 2 2. paragraph shall be added after ' expire ': ', which in this order means the time limit specified in the Food Business notice on direct payments to farmers in accordance with the single payment scheme '.

13. In section 39 shall be inserted as paragraph 3 and paragraph 4:

' (3). Application for a grant payout for an area shall be submitted by the undertaking, which upon the expiry of the time limit referred to in paragraph 2 the area as the owner or tenant, driver and registered in the Food Business as undertaking gardens or in the case of a manufacturer change will occur in the undertaking referred to in article 6. section 43. Grants for area shall be paid to the person who submitted the application for grant disbursement.

(4). Notwithstanding the provisions of paragraph 3 shall apply to the producer to switch for a land grant for the area of the undertaking, to be paid to the new undertaking gardens, if this occurred in the undertaking pursuant to a manufacturer switch statement received in Food Profession before 10. September 2008. '

14. Text the heading to § 40 and § 40 shall be repealed.

15. In paragraph 41 shall be added as paragraph 2 and paragraph 3:

' (2). The application must be Food Business not later than 1 January 2006. August in the year in which the change is requested. In cases where the 1. August is a Saturday, Sunday or Monday, expires the deadline for the second working day that follows thereafter. Food Business may, in exceptional cases, dispense with the stated application deadline.

(3). The application can only be met if the changes result in an unchanged or less consumption of resources, undertaking or Food Industries estimates that the changes can be justified in exceptional circumstances on land that could not be foreseen when the undertaking period. '

16. section 43 is replaced by the following: ' § 43. If undertaking an undertaking entrusts gardens area to a new owner or lessee with effect prior to the commitment period, it is a condition of the undertaking can be maintained, to the new owner or tenant farmer joins in the undertaking, with effect from the time of the transfer of financial responsibility for the operation of the area, and the timely submitted producer switch statement to that effect to the Food industry. The occurring in the undertaking, joins the rights, see. However, § 39, paragraph 3, and obligations under the undertaking.

(2). Producer declaration must be submitted on a special switch scheme please contact the Food Profession or via Food Business website. A manufacturer of switch statement must be received in the Food Business not later than the day on which the earliest deadline for application for the single payment expires after the time of the transfer of financial responsibility for the operation of the area. If the transfer takes place less than 8 weeks before the next deadline for applying for the single payment, a manufacturer of switch statement must be received no later than 8 weeks after the Food Profession mentioned transfer. If the specified time-limit for the receipt of Commercial Food producer switch statement is a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follows thereafter.

(3). The new owner or tenant will be at the timely receipt of producer switch statement in the Food Business registered as a new undertaking gardens.

(4). Food Industries can in special cases, grant a derogation from the time limit referred to in paragraph 2. ';

17. section 44 shall be replaced by the following: ' § 44. Undertaking Gardens must, at the request of the food Profession declare whether or not the conditions of commitment grant continues to be met. '

18. section 49 shall be replaced by the following: ' § 49. Joins a new owner or tenant in a commitment to grant, see. § 43, Food Industries can provide that subsidies are paid to an earlier undertaking gardens, to be repaid by the new undertaking in cases where the Food Profession





1) shall decide on cancellation of commitments for grants as a result of the new undertaking's conditions,

2) shall decide on cancellation of commitments for grants as a result of the areas declared in a manufacturer of switch statement, is larger than the land can be determined, and the producer declaration that the new switch undertaking gardens at the onset of the undertaking will be responsible for the size of the areas listed in manufacturer switch statement or

3) notes that paid too much subsidy to a previous undertaking gardens as a result of the new undertaking's conditions. '





19. section 52 shall be replaced by the following: ' § 52. Decisions taken by the Food Profession by virtue of this Ordinance, may be appealed to the Minister of food, agriculture and fisheries.

(2). The complaint must be submitted through the Food Profession. The complaint must be Food Business not later than 4 weeks after receipt of the decision, the appeal relates.

(3). Food Business can reopen a case after the complaint has been lodged. '

§ 2

The notice shall enter into force on 10 June. September 2008.
Food Industries, the 5. September 2008 Aren't b. Jackson/Steen Pawn