Notice On The Aid Scheme For Young Farmers

Original Language Title: Bekendtgørelse om støtteordning for yngre jordbrugere

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120675

Overview (table of contents) Chapter 1 Lender

Chapter 2 Application

Chapter 3 the granting of State guarantee for loans

Chapter 4 condition for State guarantee for loans

Chapter 5 Udmålings amount for loans

Chapter 6 joint and several guarantee for the loan

Chapter 7 of the loan mortgage insurance and leading priorities

Chapter 8 Loan types, etc.

Chapter 9 Conversion

Chapter 10 Acquisition, transfer, and decline of the loan

Chapter 11 State guarantee for the loan

Chapter 12 the levying of risk premium

Chapter 13 Administration and control

Chapter 14 Special experts

Chapter 15-access to justice

Chapter 16 Criminal provisions

Chapter 17 entry into force

Annex 1

Annex 2

Annex 3

Annex 4 The full text of the Decree on aid scheme for young farmers

Pursuant to § 4 paragraph 5, Section 4a, paragraph 5, article 5, paragraph 6, § 7, § 7a, section 8, paragraph 1, 3 and 4, section 10, paragraph 5, Article 10a, paragraph 8 and 10, section 13, paragraphs 4 – 8, § 16, § 18, paragraphs 1 and 2, article 19, paragraphs 1 and 2, article 20, paragraph 1, section 22, section 26, paragraph 2, and article 27, paragraph 1, of the law on State guarantees for loans to young farmers, etc. without prejudice to article. lovbekendtgørelse nr. 856 of 25. August 2008, as well as in agreement with the Minister of finance, shall be based on:

Chapter 1

Lender

§ 1. The mortgage companies listed in annex 1 provides warranty in accordance with the law on State loans to young farmers.

Chapter 2

Application

§ 2. Application for a State guarantee for loans to young farmers must be written on a special application form with the assistance of a special expert who is approved by the Food Business Regulation. section 30. The application must be certified by the special experts.

(2). Application for a State guarantee for loans under section 3 shall be filed before the candidate takes up 40 years and be received no later than 10 months after the Danish agency acquisition of agricultural holding. At the time of acquisition shall mean acquisition date in accordance with the documentary evidence.

(3). Application for a State guarantee for loans under section 4 must be filed before the candidate takes up 40 years and within two years after payment of the loan granted under section 3.

(4). Application for a State guarantee for loans under section 5 shall be filed before the candidate takes up 40 years and be received in the finance agency no later than 12 months after the acquisition of the asset, see. section 5, paragraph 2, on the basis of which an application for additional loans, and no later than 7 years after payment of the first loan, see. sections 3 and 4. At the time of acquisition shall mean acquisition date in accordance with the documentary evidence.

(5). Application for authorization under section 15 for entry into joint operation shall be submitted to the finance agency at the same time as the application in accordance with paragraph 2 or 3, or prior to entry in the business community.

(6). Application for authorisation according to article 23, paragraph 1, to take over the loans must be received in the Danish Agency within three months after the property has been taken over to hensidden in undivided bo, by inheritance or zoned in accordance with the provisions of the Act of inheritance.

(7). Application for authorisation according to article 23, paragraph 2, to take over the loans must be received in the Danish Agency within 3 months of it in that provision referred to company has taken over the agricultural holding.

(8). Application for a State guarantee for loans under section 10 of the basic regulation. § 6 of lovbekendtgørelse nr. 728 of 29. June 2004 must be submitted in accordance with the rules thereof in Decree No. 90 of 13. February 2004 on the aid scheme for young farmers.

Chapter 3

Appropriation of State guarantee for loans

Appropriation of State guarantee for loans for first time creation

§ 3. Granted State guarantee for loans in connection with a land user's first purchase of a holding referred to in article 6. § 5 If the conditions referred to in Chapter 4 are met. At first purchase means that the person concerned has not previously as owner has driven any portion of an agricultural holding.

(2). Granted State guarantee for loans in connection with a land user's first purchase, see. (1), (2). paragraph, on a share of at least 20 percent of a holding, if the conditions laid down in Chapter 4 and the condition referred to in paragraph 3 are met. The provision in section 14 shall apply, with the necessary adaptation.

(3). The requirement of economic viability, see. § 12 shall be met by the applicant as well as of all shareholders put together.

(4). The State guarantee amounts to 20 per cent of the portion of the udmålings amount that exceeds 500,000 DKK State guarantee for the loan can be up to a maximum of 24,500,000 DKK meted out

(5). In younger farmer-loan borrower pay a risk premium to the Treasury on 0.70% p.a. of the loan repayments.

Appropriation of State guarantee for tillægslån

§ 4. Borrowers, who acquired the initial start-up the holding referred to in article 6. § 5, after the 8. December 2003, has not submitted an application for loans before the 8. October 2004, and has been meted out loans under section 3, can apply for a State guarantee for a tillægslån of the basic regulation. section 4 (a).

(2). Tillægslån under 200,000 USD shall not be granted.

(3). The applicant shall not be required to apply for a maximum loan.

(4). The borrower pay a risk premium to the Treasury on 0.70% p.a. of the loan repayments throughout the loan term.

Appropriation of State guarantee for additional loans

§ 5. Granted State guarantee for one or more additional loans, see. § 10, until that is achieved maksimumlån of the basic regulation. § 9.

(2). The State guarantee for the loan in accordance with paragraph 1 shall be granted only in respect of the borrower's acquisition of





1) supplementary land,

2) other property for aggregation with the mortgaged property,

3) other property for interoperability with the mortgaged property,

4) stock of other property for interoperability with the mortgaged property,

5) additional members of the mortgaged property, or

6) other agricultural holding after the sale of the mortgaged property and the transfer of the earlier granted loans without prejudice. § 24.





(3). The borrower pay a risk premium to the Treasury on 0.70% p.a. of the loan repayments throughout the loan term.

Chapter 4

Condition of the State guarantee for loans

Requirements for holding

§ 6. Agricultural holding must have a labour needs at least 833 hours per fiscal year is calculated according to the standard hourly rates, see. Annex 2.

(2). The demand for labour needs must be met throughout the loan term.

(3). There can, when exceptional circumstances justify it, be done by way of derogation from the requirement referred to in paragraph 2, shall not exceed, for a period of 2 years. There may be required on the bank guarantee for repayment of the loan, if labour demand is not met by the end of the under 1. paragraph announced deadline.

Economically viable holding;

§ 7. The applicant must demonstrate that the agricultural holding, possessing the necessary production machinery, and that it will ultimately be able to be maintained as an economically viable farm. The requirement also applies to the agricultural holding which the applicant may own a share of stock.

Requirements for the person concerned

Acquire an agricultural holding

§ 8. The applicant must be the owner of an agricultural holding or a share thereof at least 20 per cent.

(2). At an agricultural holding is defined as a farm, used for agriculture, horticulture, nursery grown, fruit-growing, bæravl or greenhouse cultivation, and which includes at least one property that is subject to agricultural duty according to the rules laid down in agricultural legislation.

(3). For holdings that are predominantly used for nursery, fruit-growing, bæravl or greenhouse cultivation, can be done by way of derogation from the requirement referred to in paragraph 2 concerning agricultural duty.

Training requirements

§ 9. The candidate must meet one of the requirements of education laid down in annex 3.

(2). Education requirement in accordance with paragraph 1 shall be deemed to be fulfilled if the applicant has undergone the corresponding training in one of the European economic area other Member countries.

(3). That can be done by way of derogation from paragraph 1, when special circumstances, including the fact that the applicant was prevented from completing the training.

(4). If the applicant establishes itself on a holding before the training is fully completed, and special circumstances, can be done by way of derogation from paragraph 1, up to a period of 2 years from the date of submission of the application for a State guarantee for loans. The loan may be paid against bank guarantee for repayment of the loan, if education requirement is not met by the end of the under 1. paragraph announced deadline.

Equity

§ 10. Applicant's equity must when applying for State guaranteed loans under section 3, and section 5 of the basic regulation. § 3, represent at least 4% of the udmålings base, see. However, section 11.

(2). Equity must be documented by applicant's net asset value determined by a status of a statement in time, the maximum amount may be 12 months preceding the date of the application.

(3). There must be a current status if there since the time of the statement, see. (2) substantial changes in applicant's net worth, and these significant changes are not due to expenses related to the purchase of the agricultural holding, etc., investments or usual transactions in connection with the operation of the agricultural holding.

(4). Status must include all of the applicant's assets and debts. Household and similar as well as held in retirement plans can not be included in this status.


(5). The value of agricultural property is calculated on the basis of the of the lending mortgage lender made the assessment, which should include operating fixtures, fixtures and crew. The value of operating equipment and fixtures, which are not covered by the assessment, is calculated either on the basis of the purchase invoice and after reduction of operational depreciation or on the basis of a specific assessment of the mortgage lending institution. The value of the crew, who are not covered by the assessment shall be determined either in accordance with tax legislation, regulations or on the basis of a specific assessment of the mortgage lending institution. The value of potted plants under culture and container plants are assessed on the basis of a specific assessment of the mortgage lending institution. Other agricultural assets, including stocks, valued according to sales tax legislation rules.

(6). The Danish Agency approves the assessments carried out in accordance with paragraph 5.

(7). Financial assets are assessed for tax legislation rules.

(8). The value of assets in addition to those in paragraphs 5 and 7, shall be fixed as the value mentioned in the trade and vandel, compiled by an independent and knowledgeable assessor that can be approved by the Finance Board.

(9). Debt deducted on the statement of shareholders ' equity, ascertained in accordance with tax legislation rules.

Paragraph 10. Spouse's or samleve's equity calculated as net worth, see. paragraphs 2 to 5 and paragraphs 7 to 9, may be included in the statement of the applicant's equity.

§ 11. For applicants who meet one of the training requirements set out in annex 4, the own funds of the basic regulation. section 10, paragraph 1, represent at least 2 per cent of the udmålings base.

(2). Education requirement in accordance with paragraph 1 shall still be deemed to be fulfilled if the applicant has undergone the corresponding training in one of the European economic area other Member countries.

(3). Education requirement in accordance with paragraph 1 shall be considered as also in the case where the holding mainly intended to be used for agriculture, to be satisfied if the applicant fulfilled the conditions for advanced studies programme as agricultural economist or agricultural technician in accordance with the provisions of article 10, paragraph 2, of Decree No. 12 by 11. January 1991 on State guarantees and interest subsidies, and more by lending to young farmers.

(4). Education requirement in accordance with paragraph 1 shall be considered as also in the case where the holding mainly intended to be used for outdoor horticulture, nursery, fruit-growing, bæravl or greenhouse cultivation to be satisfied if the applicant fulfilled the conditions for advanced studies programme as a horticultural technician in the greenhouse, vegetable or planteskolelinien in accordance with the provisions of article 10, paragraph 2, of Decree No. 12 by 11. January 1991 on State guarantees and interest subsidies, and more by lending to young farmers.

Financial survivability

§ 12. The candidate must demonstrate economic survivability by budgets.

(2). The requirement of economic viability shall be deemed to be fulfilled if, on the basis of the application, any multiannual operational and profit and loss accounts and cash flow forecasts are reimbursed,





1) that the applicant can pay interest on its debt, and paying off

2) to the applicant and, where appropriate, the spouse or common-law partner can achieve positive consolidation, and

3) that the applicant can provide the necessary liquidity for the operation.





(3). Statement of positive consolidation is done on the basis of the applicant and, where appropriate, the spouse or assemble verse total economy, including other income, private consumption and taxes. Inventory is done in accordance with the usual accounting principles, including valuation of crew and supplies, depreciation and calculated tax.

Applicant's employment on the farm

§ 13. Applicant must apply at least 833 hours per fiscal year on the agricultural holding, calculated according to the standard hourly rates, see. Annex 2.

(2). The requirement of employment, see. paragraph 1, must be fulfilled throughout the loan term.

(3). There can, when exceptional circumstances justify it, be done by way of derogation from the requirement referred to in paragraph 2, without prejudice. section 6, paragraph 3.

Operation for its own account and risk

§ 14. Candidate must be self drive agricultural holding at its own expense and risk, see. However, paragraph 2, and section 15.

(2). The requirement even to drive agricultural holding at its own expense and risk shall be deemed fulfilled, irrespective of whether the operation of a portion of the agricultural holding are to be over in a limited liability or anpartsselskab or similar if the requirements for employment and labour needs are met on the remaining part of the agricultural holding. Similarly, by leasing land and rental of operating buildings.

(3). The requirement even to drive agricultural holding at its own expense and risk shall be deemed fulfilled, irrespective of whether the operation of part or all of the agricultural holding, as the applicant is the owner or co-owner of, passed in a partnership, if the applicant meets the requirements for employment and labour needs in the partnership and on the remainder of its holding, see. also § 15 of the operational communities.

(4). By the Danish Medicines Agency's assessment of the Economy at their own expense and risk in accordance with paragraph 2 may be conditions, including whether the borrower on Economy Agency's request is bound to submit trading account on stock or private limited company or partnership for review no later than 6 months after the end of the financial year and that the borrower must give notification, if drafted partnership contract or participate the circle change.

Operational communities

§ 15. There may, after submission of the application, permit, to the agricultural holding which the applicant or borrower is the owner or co-owner of, in whole or in part, is part of a joint operation between agricultural holdings. Operating community must be organized as a personally responsible partnership composed of individuals, and its sole object must be agricultural or horticultural operation. Authorisation may be granted if





1) applicant or borrower's ownership interest of the partnership represent at least 20 per cent, and the applicant or borrower's power at least equivalent,

2) without prejudice to the requirement of economic viability. § 12, achieved by the applicant as well as of all operating community participants together, and

3) there still is at least a labour needs per financial year calculated according to standard hours on the applicant or borrower-owned agricultural holding equivalent to it in § 6, paragraph 1, provided labour needs, calculated on the basis of the production, which takes place on the applicant or borrower-owned agricultural holding.





(2). By an authorisation in accordance with paragraph 1 may be conditions, including whether the borrower on Economy Agency's request is bound to submit stakeholder community management account for review no later than 6 months after the end of the financial year and that the borrower must give notification, if drafted partnership contract or participate the circle change. Furthermore, the provision of conditions that the borrower must give notification, if the owner or the outline conditions in the company referred to in paragraph 3 shall be amended.

(3). Notwithstanding the provisions of paragraph 1, to the partnership only to consist of individuals, however, when special circumstances apply, after submission of the application, authorisation for the applicant or borrower enters into a joint operation, which is organized as a partnership, where one of the participants is a company that has acquired the participating agricultural holding according to the rules in section 20 of the Act on agricultural properties. The authorization may be made conditional on the person concerned in the company satisfies the educational requirement set out in section 9, and that the individuals ' total ownership interest of the partnership constitutes more than 50 per cent and that their rights of control over the partnership at least equivalent.

(4). If the authorisation pursuant to paragraph 1, the applicant or borrower's working time in operating community be taken into account in the fulfilment of it in section 13, paragraph 1, provided for employment requirements.

Chapter 5

Udmålings-base for loans

§ 16. Udmålings-base for loans under section 3 is the actual trading price, as is clear from the documentary evidence, converted to cash trading price after conversion tables, see Council of Mortgage. section 22 (4) of the Ministry of economic and Business Affairs Executive Order No. 262 by 12. April 2005 on mortgage ' valuation and loan measure.

(2). For loans under section 3 corrected the cash trading price for the value of changes in agricultural holding's business assets made by the applicant prior to the time of the application. The value of these changes to certified by the special expert on the separate statement from purchase and sales invoices, see. However, paragraph 5.

(3). The value of the herd can be decomposed as value according to the purchase invoice plus the difference between assessment of the crew and the purchase invoice, if the assessment and purchase invoice includes the same species and number of animals.

(4). Udmålings-base for the loan can not exceed it by an assessment of agricultural holding at the time of application employees cash trade value, see. (6).

(5). The property's cash trading value, see. paragraph 4 shall be valued on the basis of an assessment to borrow efterretning made by the lending mortgage lender. The assessment must be made less than 12 months prior to the date of application and must reflect the property's current condition.

(6). The property's cash trading value, see. paragraphs 4 and 5 shall be approved by the Finance Board.


(7). If the lending mortgage lender is the seller of the property, or for any other reason is disqualified, the cash trading are valued on the basis of an assessment to borrow efterretning, carried out by an assessor accepted by Finance Agency. This assessment will when applying for State guaranteed loans for young farmers would be considered an assessment made by the lending mortgage Department, see. However, paragraph 6.

(8). The cost of the evaluation shall be borne by the applicant.

(9). Through the establishment within the greenhouse cultivation can value of agricultural holding's stock of potted plants under culture at the time of application attributed to agricultural holding's cash trading value at the loan amount. Similar applies to plant schools inventory of container plants. The value of potted plants under culture and container plants are assessed on the basis of a specific assessment of the mortgage lending institution.

Paragraph 10. Through the establishment of a share of stock of an agricultural holding is appointed anpartens cash trade value on the basis of the relative size and anpartens of agricultural holding's total cash trade value.

Paragraph 11. Through the establishment of a share of stock of an agricultural holding can udmålings basis for the loan include the entire agricultural holding, if applicant owns at least half of the agricultural holding, and the remainder is owned by applicant's spouse or common-law partner, the spouse or samleveren meet the conditions for the granting of State guarantees for loans, except that in paragraph 9 referred to training requirements.

Paragraph 12. Udmålings-base for the loan will be reduced by the value of business assets, which the candidate receives or acquires granted aid for investment for other legislation.

Paragraph 13. Udmålings-base for additional loans, see. section 5, is the actual trading price of it in § 5 (2) of the aforementioned asset converted to cash trading price, see. (1). The cash trading price is reduced by the value of the net reductions in section 5, paragraph 2, referred to active until the time of application. Udmålings-base for the loan can not exceed it by an assessment of the acquired asset to borrow efterretning af the lending mortgage lender at the time of application employees cash market value.

§ 17. Notwithstanding the provisions of section 16, paragraph 2, and article 25, paragraph 3, may be accessory that applicant shall transfer to a joint operation, see. § 15, included in the udmålings base of the loan under section 3 If the accessory can be included in the valuation of the applicant's property according to the rules laid down in article 11, paragraph 4, of the law on mortgages and mortgage bonds, etc.

§ 18. Udmålings amount on applications for loans under section 4, on the basis of the acquisition of first-time start-up farm after the 1. January 2006 represents the amount of the value of the payment entitlements provided for in the documentary evidence or in any other document issued in connection with the acquisition of first-time start-up farm. In udmålings base can only enter into payment entitlements relating to the acquired first-time start-up feat. The Danish Agency must approve it in 1. item amount determined.

(2). Loan meted out with 90 per cent of udmålings basis resulting from paragraph 1 of this article, see. However, paragraphs 3 and 4.

(3). The loan can only be meted with 70 per cent of the udmålings the basis that resulting from paragraph 1, if the lending institution's valuation of the agricultural holding, as provided for in the Article 8, paragraphs 1 and 2 is greater than the cash trading price, see. § 8, paragraph 1.

(4). However, together with the ordinary loan can under section 3 measured loans most meted out to an amount equivalent to 30% of the lending institution's valuation of the agricultural holding, as provided for in the § 8 (1) and (2). For the purposes of this calculation can enter with a maximum valuation 25,000,000 us $.

Chapter 6

Joint and several guarantee for the loan

§ 19. If a spouse or assemble verses net worth is included in the statement of the applicant's equity, see. section 10, paragraph 10, to the spouse or samleveren by endorsement on mortgage letter drawing several bail for the loan, or part thereof, subject to article 20. However, paragraph 4.

(2). Meted out the loan under section 16, paragraph 11, to the spouse or samleveren by endorsement on mortgage letter drawing several bail for a portion of the loan equivalent to the spouse's or samleve's stake of the holding, as provided for in the However, paragraph 4.

(3). The Danish Agency may require joint and several guarantee by the co-owners of the operational communities, there are no borrowers for loan, if operating the commune's production is a precondition for the loan likely repayment.

(4). A in accordance with paragraph 1-3 called for joint and several guarantee may be replaced by a bank guarantee for the same amount.

(5). A in accordance with paragraph 1 or 2 required several bail can of Danish Agency released in the period of the loan, if particular circumstances justify it, including in the event of divorce and the like.

Chapter 7

Loan mortgage insurance and leading priorities

§ 20. The loans must be secured by liens on oprykkende in soil properties after the users existing mortgages so that the loans, excluding, where appropriate, without prejudice to article tillægslån. section 4, in the context of the balance outstanding on these mortgages get mortgage security within 95% of the property's cash value, see. § 9, paragraph 3. When special circumstances, can the Danish Agency URf.eks. by operational communities and the like. allow the loans granted on the basis of the State guarantee pursuant to section 3 and section 5 of the basic regulation. § 3, achieves the mortgage security in addition to 95 percent of the cash value of their configuration. It will be a condition to the loan, taken together, get location within 95 per cent of the cash market value of the property and the accessories that are included in the sambelåningen.

(2). Loans granted on the basis of a share of stock of an agricultural holding, which consists of only one property, the mortgage shall be ensured throughout the property. It consists of the applicant-owned agricultural holding of more than one property, the loan is normally secured is guaranteed in all the agricultural holding registered properties in their entirety and in 95 percent of total cash market value of the property, see. § 9, paragraph 3.

(3). Supplementary loan granted under section 4 must know the loan disbursement have mortgage security within 100 per cent of the property's cash market value.

(4). When calculating the loan mortgage security, foregoing mortgage hæftelsers nominal value shall be converted into cash value through the use of Mortgage Council conversion tables, see. section 22 (4) of the Ministry of economic and Business Affairs Executive Order No. 262 by 12. April 2005 on mortgage ' valuation and loan measure. Preceding ejerpantebreve and skadesløsbreve and the like. can only be respected within a denomination that is deemed necessary for the security of existing debt obligations or after agricultural holding conditions reasonable needs for operating credit. Loan oprykkende mortgage law in relation to the preceding ejerpantebreve, skadesløsbreve and similar must be guaranteed. It is a condition for the granting of loans and the retreat of loans that the foregoing mortgage hæftelsers conditions, inter alia. with respect to interest rate, repayment and termination conditions, can be approved.

(5). Loans to finance investments in the property and its operation may be allowed things like with priority prior to the loan in accordance with the law. After the retreat must by law have secured loans security within 95 per cent of the property's cash trading value, see. § 11. When special circumstances, can Finance Agency by operational communities and the like allow loans in accordance with the law, achieves the mortgage security in addition to 95 per cent of the property cash market value. It will be a condition to the loan, taken together, get location within 95 per cent of the cash market value of the property and the accessories that are included in the sambelåningen.

(6). In the case of transfer of loans for new property, see. section 24, shall be secured loan secured in the acquired property as referred to in paragraph 1, and can respect necessary borrowing to finance the acquisition of the property, taking into account the funds freed up by the sale of the previously owned holding.

Chapter 8

Loan types, etc.

§ 21. The loan is granted as a 20-year nominal rate loan and repaid after the annuity principle. The loan may not be included on the index terms and as permanent loans. The loan can only be recorded in Danish kroner or euro.

(2). The measured loans after § 3 and § 4, may be paid as a single loan. This loan must be secured safety within 100 per cent of the property's cash trading value, see. § 8, paragraph 1.

Chapter 9

Conversion

§ 22. The loan can at any time be converted into a new loan with continuing State guarantee. Conversion loan is granted in accordance with the provisions of Chapter 8.

(2). Request for konverteringslån shall be lodged at one of the mortgage credit institutions covered by the agreement on the performance of the younger jordbrugerlån, jf. Annex 1.

(3). The new loan can only constitute an amount equal to the cash value of the balance outstanding on the loan, which will be converted, determined at the time the offer is made for the conversion. Costs associated with the conversion, can not be included in determining the amount of the new loan.

(4). Residual maturity on the new loan may not exceed the residual maturity of the loans, which will be converted, with one turnover.

(5). The new loan must have the same terms and prioritetsmæssige position as the loan that is being converted.

Chapter 10

Acquisition, transfer, and decline of the loan


§ 23. Borrower's surviving spouse acquires title to the mortgaged property by acquisition of hensidden in undivided bo, by inheritance, or acquiring the borrower's surviving common-law partner entitlement on the mortgaged property by inheritance, the spouse or samleveren can obtain permission to take over the loan, if the person concerned satisfies the condition set out in section 12.

(2). A at the borrower's request, formed a public limited company or private limited company no earlier than 7 years after the loan is paid, acquires and taken over a greenhouse cultivation or a nursery in which loan any representations, may be authorised to take over the loan if the original borrower:





1 joint and several guarantee for the loan account),

2) has a majority of votes in the company as the owner of the shares, and

3) as the responsible manager of the company itself carries out the property's operation.





(3). The owner of the original borrower less than 100 per cent of the stock or limited liability capital in the company, referred to in paragraph 2 shall be reduced by a proportionally exceptional loan repayments. The same applies, if the borrower's proportionate share of the stock or limited liability capital decreased later in the loan term.

§ 24. A due amount of the loan may be transferred to a new property on the existing terms if the borrower acquires second agricultural holding or members thereof.

(2). In the case of transfer of the loan amount may not exceed the loan amount it loans could be granted for the establishment of the new property.

§ 25. The loan is due for repayment by change of ownership, see. However, sections 23 and 24.

(2). The loan must be reduced proportionately if the borrower disposes of a share of stock of the mortgaged property.

(3). The loan can be charged proportionally reduced if the property's cash trading value, be reduced by the sale of a portion of the property, and thereby reduced the cash market value would form the basis for a udmålings smaller loans than the balance outstanding on the loan granted.

(4). The loan may be required, if the conditions of labour needs, employment, operation for its own account and risk, as well as for participation in a joint operation are no longer fulfilled.

(5). The loan may be demanded fulfilled if it is taken over by a company, and conditions are no longer fulfilled.

(6). The loan can be repaid if the risk premium required, see. section 4, paragraph 3, and Article 4a, paragraph 3, is not paid in a timely manner.

(7). The loan may be required, if the borrower has submitted false or misleading information or omission of information relevant to decisions taken pursuant to the provisions of the Act relating to title for younger growers establishment or this notice.

(8). The loan may be required if conditions met, made in connection with the grant of the State guarantee for the loan or in connection with the granting of the loan have not been met.

(9). The borrower must give notification to the Economic Agency, if there are conditions, which means that the loan is due in whole or in part, see. paragraphs 1 to 3, or may be required, see. paragraphs 4, 5 and 8.

Paragraph 10. Defaulting borrower conditions in mortgage letter for loan or loan in whole or in part, due to the lending mortgage lender give notification to the Finance Board.

Chapter 11

Government guarantee for the loan

section 26. The loan is guaranteed by the State guarantee in full term. The State guarantee to cover losses on loans if the borrower fails to comply with the obligation to pay back the loan. Losses must be documented by the lending mortgage Department and approved by the Finance Board.

(2). In the event of default as mentioned in paragraph 1, the Danish Agency provide that State guarantee must be canceled in whole or in part, including if the lending mortgage lender has not complied with the obligation to notify under section 25, paragraph 10, unless its importance may be considered less significant.

Chapter 12

Collection of risk premium

§ 27. The lending mortgage lender will charge in connection with the levying of the futures performance in section 4, paragraph 3 and article 4 a, paragraph 3 referred to the risk premium.

Chapter 13

Administration and control

section 28. The Danish Agency shall decide on the granting of State guarantees for loans and take in all the decision after this announcement, see. However, paragraph 2.

(2). Food Business shall take decision on section 30.

section 29. Danish Agency for carrying out checks in connection with proceedings as well as subsequent verification.

(2). The applicant shall maintain operational records during the entire period of the loan.

(3). The applicant is liable to the Agency's request to submit Economy on the profit and loss statement for review no later than 6 months after the end of the financial year.

(4). To use for the checks referred to in paragraph 1 may Finance Agency obtain information with tax authorities and other public authorities.

(5). The Danish agency engaged in section 20, paragraphs 2 and 3 of the basic regulation. Chapter 3, said powers.

Chapter 14

Special experts

section 30. Food Profession may approve persons to request as a special expert to assist applicants to prepare and submit an application in accordance with sections 3-5.

(2). It is a condition of being accepted as a special expert, that the person is





1) Economics consultancy employed in one of the agricultural organisations,

2) certified public accountant or registered accountant, or

3) has an education that corresponds to the requirements applicable to the in no. 1 or 2 persons.





(3). It is furthermore a condition that the person in question has broad experience with and are concerned with the advice of land users in the following areas:





1) compilation of accounts and budgets,

2) investments,

3) funding, and

4) production economy.





(4). It is a further condition that the recipient's client base is of such a size and character, to function as a special expert can be applied in practice.

(5). A revocation of the approval can take place, if the conditions laid down in paragraph 3 or 4, no longer fulfilled, or if the particular experts:





1) not in one year has worked as a special expert

2) shall deliver or contribute to submit false or misleading information in connection with his function as special expert

3) bear witness to something that the person concerned is not aware of or

4) exhibit gross or repeated neglect more often in the course of carrying out its function as a special expert.





(6). Individuals who are approved after Improvement Scheme continues to be approved as special experts, see. (1).

Chapter 15

Access to justice

section 31. Decisions taken by the Danish Agency after this Ordinance may be brought before the Ministry of food, agriculture and fisheries within 4 weeks after the decision is communicated to the applicant, the borrower or his representative.

(2). The complaint must be submitted to the Finance Board.

section 32. Decisions of the Food Business Regulation. section 30, may be brought before the Ministry of food, agriculture and fisheries.

(2). The complaint must be submitted to the Food industry.

Chapter 16

Criminal provisions

section 33. With less higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the





1) for use by the decisions taken under the Act or the rules established pursuant to law, shall give false or misleading information or conceals information of significance for the decision,

2) acts in contravention of the conditions set out in this decision,

3) incidentally fails to give the information to which the person is required to give under the law or this Ordinance,

4) shall give false or misleading information about such conditions,

5) fails to give the Inspector access to the agricultural holding according to article 20, paragraph 2, or

6) fails to disclose or submit material or provide inspection authority assistance after paragraph 20, paragraph 3.





(2). In addition, the punished with a fine, that violates the provisions in the rules of the European Community on matters covered by the law or this Ordinance.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(4). Deemed a violation not to would result in higher penalty than fines, Food Industries indicate that the case can be settled without judicial proceedings. It is a precondition that the who has committed the infringement, declare their readiness within a further time limit may be extended upon request, to pay a fine specified in the manifestation. Paid the fine in a timely manner, or will be the adoption of the recovered or found by location served, lapses further prosecution.

Chapter 17

Entry into force of the

§ 34. The notice shall enter into force on the 1. September 2008.

(2). At the same time repealed Executive Order No. 1200 of 9. December 2005 on the aid scheme for young farmers. The said Ordinance shall continue to apply to applications lodged under the said Ordinance.
Ministry of food, agriculture and fisheries, the 25. August 2008 Eva Kjer Hansen/Soren S Annex 1

Agreement


Pursuant to section 7 and Section 7a of the law on State guarantees for loans to young farmers, etc., see. lovbekendtgørelse nr. 1015 of 9. October 2006, as amended by section 18 of Act No. 316 of 31. March 2007, the Ministry for food, agriculture and fisheries, the 28. November 2007 signed an agreement with DLR Credit a/s, Nykredit a/s, Nordea Mortgage Ltd. and realkredit Denmark a/s with the following content:

§ 1. The Foundation undertakes to provide mortgage loans in accordance with the law on State guarantees in accordance with the Act and the Executive order. Mortgage Foundation undertakes to provide the loan as at least one of the loan types that are possible after publication.

§ 2. For loans granted under the law, paid an administrative contribution, which shall not exceed the weighted average of the rates on other loans to mortgage Foundation's the customer in question.

§ 3. Loans, which are granted State guarantee, due in accordance with the applicable provisions of law and order as well as ordinary mortgage deed conditions, but can not be terminated by the vendor.

§ 4. Mortgage credit Institute may charge fees equal to what applies to the Foundation's other mortgage loans.

§ 5. The Contracting Parties shall conclude a management agreement on the loan, the retreat, relaxation, the collection of risk premium etc., redemption and management of distressed Panther, coverage of losses covered by the State guarantee, etc. Management Agreement will be an integral part of this agreement.

§ 6. This agreement runs until further notice. This agreement may be terminated by either party with six months ' notice.
Annex 2

Standard hourly rates

Cereal crops, etc., number of hours/ha











 





----------area (ha)----------







 





1-9





10-24





25-49





50-99





100







Grain/oilseed rape/seeds/peas, etc.





25





22





20





16





14







Commercial beet/potato 62





47





40





35





35







Foderroer





46





37





37





37





37







Crop rotation grass/of 21





13





10





9





9







Renewable grass 8





6





5





5





5







Brak





3





3





2





2





2











Dairy cows Inc. breeding, hours/årsko (excluding roughage cultivation)









 



----------årskøer----------





 



1-29





30-49





50-69





70-99





100







Hours per årsko





69





52





47





42





37











Slaughter calves, hours/produced slaughter calf (excluding roughage cultivation)









 



----------produced veal calves----------





 



1-29





30







Hours per slaughter calf





10





7











Suckler cows Inc. young animals, hours/årsko (excluding roughage cultivation)











 





----------årskøer----------







 





1-29





30







Hours per årsko 37





29











Sows and piglets, hours/årsso









 





----------årssøer----------







 





1-49





50-99





100-149





150-249





250







Hours per årsso 21





16





14





13





12











Hogs, hours/100 finisher pigs











 





----------Finisher pigs----------







 





1-499





500-1499





1500-2499





2500-3999





4000







Hours per 100 pigs 113





77





52





44





37











Bees, number of hours per hive









 





------------------- bistade -------------------







 





1-5





6-25





26-50





51-80





81-400





> 400







Hours per hive





25





21





17





13





8





4









Other animal husbandry, hours/årsdyr











Horses, hours per breeder 37







Mink, hours per breeding female 2







Get hours per ewe 5







Laying hens, hours per 100 årsdyr 15











Broilers, hours/1000 sourced paragraph.









 





----------sourced paragraph.----------







 





< ½ mill.





>= ½ mill








Hours per 1000 sourced paragraph.





4.6





3.9





















Open air nursery





number of hours/ha/year







Strawberries with even picking 180







Strawberries without even picking 1200







Konsumgulerøder 300







Industrial carrots 25







Cabbage and Chinese cabbage 300







Cauliflower and Brussels sprouts 300







Iceberg lettuce 300







Porrer





850







Kepaløg, såløg 170







Celeriac 350







 



 





Greenhouses hours/m2/year







Grøntsager





1







Cut flowers 1







Large potted plants 2







Small potted 5







 



 





Orchard hours/ha/year







Konsum





320







Industri





120







 



 





Greenery hours/ha/year







Christmas trees and greenery 100







(The average effort per year for the entire production process from the plant up to and including harvesting)





 







Annex 3

Training requirements

Agriculture:

In the event that the holding is intended to be used predominantly for farming, should the candidate have completed:




1) produktionsleder training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural,

2) business operator training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural,

3) agrarøkonom training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural,

4) operator training (green card), see. Notice of the Ministry of Agriculture's secondary education,

5) agrarøkonom training, see. Notice of the Ministry of Agriculture's graduate degree programs, and have completed at least 17-month occupation that corresponds to the rules for traineeships in connection with training for skilled farmer, see. Ministry of Education Decree on training for skilled farmer,

6) agronomist or jordbrugsøkonom training or bachelor's degree within these courses and have completed the internship as indicated under no. 5,

7) jkf training, see. Ministry decree on the vocational college education in the field of agriculture, and have completed the internship as indicated under no. 5,

8) jordbrugstekniker training in the direction of the agricultural technician, see. Notice of the Ministry of education, as well as jordbrugstekniker have completed the internship as indicated under no. 5,

9) landbrugstekniker training, see. Executive Order No. 492 of 3. September 1973 on landbrugstekniker exam by agricultural schools, and have completed the internship as indicated under no. 5, or

10) farmers ' training (' green certificate '), as it was established by the Danish farmers ' associations and family farms.



Outdoor horticulture, nursery, fruit or bæravl:

In the event that the holding is intended to be used predominantly for outdoor horticulture, nursery, fruit-growing, or bæravl, the candidate must have completed:




1) production training, see gartner. Notice of the Ministry of education in the vocational common entrance animals, plants and natural,

2) produktionsleder education and have completed a minimum of 17 months of gainful employment that corresponds to the rules for traineeships in the context of the programme to the grower, see. Notice of the Ministry of education to the grower,

3) hortonom training or bachelor's degree in the field of education, as well as have completed internship as indicated under no. 2,

4) jkf training, see. Ministry decree on the vocational college education in the field of agriculture, and have completed the internship as indicated under no. 2,

5 jordbrugstekniker programme in direction horticultural technician), see. Notice of the Ministry of education, as well as jordbrugstekniker have completed the internship as indicated under no. 2, or

6) gardener training (' gardener subject's green certificate '), as it was established by the Danish Professional gardener Association.



Greenhouse cultivation:

In the event that the holding is intended to be used predominantly for greenhouse cultivation should the candidate have completed:




1) greenhouse gardener training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural,

2) produktionsleder education and have completed a minimum of 17 months of gainful employment that corresponds to the rules for traineeships in the context of the programme to the grower, see. Notice of the Ministry of education to the greenhouse gardener,

3) hortonom training or bachelor's degree in the field of education, as well as have completed internship as indicated under no. 2,

4) jkf training, see. Ministry decree on the vocational college education in the field of agriculture, and have completed the internship as indicated under no. 2,

5 jordbrugstekniker programme in direction horticultural technician), see. Notice of the Ministry of education, as well as jordbrugstekniker have completed the internship as indicated under no. 2, or

6) gardener training (' gardener subject's green certificate '), as it was established by the Danish Professional gardener Association.

Annex 4

Education requirements at reduced capital requirements

Agriculture:

If the holding is intended to be used predominantly for farming, should the candidate have completed:




1) business operator training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural

2) agrarøkonom training, see. Notice of the Ministry of education in the vocational common entrance animals, plants and natural

3) extended operator training (green diploma), see. Notice of the Ministry of Agriculture's secondary education,

4) agrarøkonom training, see. Notice of the Ministry of Agriculture's secondary education,

5) agronomist or jordbrugsøkonom training or bachelor training in these courses,

6) jkf training, see. Ministry decree on the vocational college education in the field of agriculture,

7) jordbrugstekniker training in the direction of the agricultural technician, see. Notice of the Ministry of education, or jordbrugstekniker

8) training» green diploma ', as it was defined by the farmers ' associations, the Danish family farms, Rural youth of Denmark and The Danish Agricultural schools.



Outdoor horticulture, nursery, fruit-growing, bæravl or greenhouse cultivation:

If the holding is predominantly intended to be used for outdoor horticulture, nursery, fruit-growing, bæravl or greenhouse cultivation should the candidate have completed:




1) hortonom training or bachelor's degree in the field of education,

2) jkf training, see. Ministry decree on the vocational college education in the field of agriculture, or

3) jordbrugstekniker programme in direction horticultural technician, see. Ministry of Education Decree on jordbrugstekniker training.