Ordinance Amending The Ordinance On Environmental Conditional Grants

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om miljøbetinget tilskud

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121249

Ordinance amending the Ordinance on environmental conditional grants

§ 1

In executive order No. 84 of 27. January 2005 on environmental conditional grants, as amended by Decree No. 1105 of 21. November 2005, Executive Order No. 47 of 30. January 2006, Decree No. 1480 of 14. December 2006, Executive Order No. 701 of the 21st century. June 2007 and Decree No. 40 of 29. January 2008, shall be amended as follows:

1. Everywhere in this notice, the words ' the Directorate of Food Business ' to: ' Food Business ', ' Directorate ': ' Food Business ', ' Directorate ': ' Food Business ', ' Directorate of Food Business ' to: ' Food Business ' and ' Directorate ': ' Food Business '.

2. In article 3, paragraph 3, the following is inserted as a 2. item:




» Food Business may, in exceptional cases, dispense with the in (1). 8, that period. '



3. In section 10, paragraph 2, 1. 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 '.

4. Article 11 shall be replaced by the following: ' article 11. 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, section 14, paragraph 5, 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.

(5). 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. '

5. In article 12, paragraph 3, shall be inserted after ' Nemkonto ': ' without prejudice to article. However, section 14, paragraph 5 '.

6. In article 12 shall be added as paragraph 6 and paragraph 7:

' (6). Non-compliance 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. section 14, paragraph 5. Food Business shall, in accordance with the provisions of the Community decision on the size of the reduction.

(7). Joins a new owner or tenant in a commitment to grant, see. § 11, 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. '

7. In section 13 shall be added as paragraph 8:

» (8). Notwithstanding paragraph 1, grants paid for undertaking land, formed by barjords stripes, insect ramparts and located on a similar mark, which is in fact used as referred to in paragraph 1, when the said undertaking areas in accordance with the single payment scheme rules are to be considered as part of an eligible mark in the calendar year in which the undertaking is paid for, the year ends. Similarly for areas with non-food crops, as referred to in paragraph 3. '

8. In article 14, 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 '.

9. In section 14 is inserted as paragraph 5 and paragraph 6:

' (5). Notification and declaration 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. § 11. Grants for area shall be paid to the person who has submitted the notification and Declaration.

(6). Notwithstanding the provisions of paragraph 5 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. '

10. section 19, paragraph 1, is replaced by the following: ' Joins a new owner or tenant in a commitment to grant, see. § 11, 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. '





11. Article 24 is replaced by the following: ' article 24. 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