Ordinance To The Law On State Guarantees For Loans To Young Farmers, Etc.

Original Language Title: Bekendtgørelse af lov om statsgaranti for lån til yngre jordbrugere m.v.

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121105

Overview (table of contents) Chapter 1 Purpose

Chapter 2 grant schemes

Chapter 3 title for younger growers establishment

Chapter 4 common provisions

Chapter 5 penal provisions, etc.

Chapter 6 entry into force, etc., The full text of the Ordinance to the law on State guarantees for loans to young farmers, etc.

Hereby promulgated the Act on State guarantee for loans to young farmers, etc., see. lovbekendtgørelse nr. 1015 of 9. October 2006, with the changes arising from § 18 of law No. 316 of 31. March 2007, section 30 of Act No. 523 of 6. June 2007 and by Act No. 487 of 17. June 2008.

Chapter 1

Purpose

§ 1. With the aim to contribute to the sustainable development of rural areas, which especially promotes environmental, economic and socio-cultural conditions, shall be governed by this law framework for a number of arrangements for support to measures under the Danish Ministry of food, agriculture and Fisheries area.

Chapter 2

Grant schemes

§ 2. The Minister of food, agriculture and fisheries can provide grants in connection with





1 investments in agricultural holdings) for improving living, working and production conditions, including in relation to animal welfare and the environment, and to increase agricultural incomes,

2) in-service training of farmers and forest holders and other persons involved in agricultural and forestry activities, with a view to improving professional skills,

3) compensation for production-related disadvantages for land use in specially designated areas,

4) fulfillment of norms concerning the environment, public, animal and plant health, animal welfare and occupational safety,

5) agricultural methods designed to protect the environment, preserve nature or improve animal welfare, including





a) environmentally friendly agricultural measures and

b) organic agricultural production,





6) improvement of processing and marketing of agricultural and forestry products in order to increase the added value and competitiveness of the products,

7) agricultural production methods designed to improve the quality of agricultural products, and promotion of these products,

8) promoting the adaptation and development of rural areas and

9) Community initiative LEADER.





(2). The Minister may lay down rules on





1) measures can be financed,

2) the conditions that must be met in order to obtain reimbursement,

3) size and payment of grants

4) selection, etc. of applications and

5) proportionate reduction of subsidies.





§ 3. The Minister of food, agriculture and fisheries may provide grants under section 2 shall lapse if





1) the beneficiary has made false or misleading information or has concealed information in relation to the merits of the decision,

2) conditions for grants are no longer fulfilled, or

3) beneficiary supercedes its duties in accordance with rules laid down under section 20, paragraph 1, or duties pursuant to article 20, paragraph 3, and § 21.





(2). The Minister may, if the grant shall lapse in accordance with paragraph 1, stipulate that grants must be repaid.

Chapter 3

Support system for younger growers establishment

§ 4. The Minister of food, agriculture and fisheries provide State guarantee for loans financed with mortgage bonds, covered mortgage bonds or special covered bonds for land users, which satisfies the conditions laid down in articles 5 and 10.

(2). The loan must be paid no later than 6 months after the notification of the commitment of the State guarantee for the loan.

(3). In the loan pays borrowers a risk premium. The Minister shall determine the risk premium.

(4). The risk premium referred to in paragraph 3 shall accrue to the Exchequer.

(5). The Minister shall lay down detailed rules concerning the levying of the risk premium.

section 4 (a). The Minister for food, agriculture and fisheries provide State guarantee for loans financed with mortgage bonds, covered mortgage bonds or special covered bonds for land users, which satisfies the conditions laid down in paragraph 10 (a).

(2). The loan must be paid no later than 6 months after the notification of the commitment of the State guarantee for the loan.

(3). In the loan pays borrowers a risk premium. The Minister shall determine the risk premium.

(4). The risk premium referred to in paragraph 3 shall accrue to the Exchequer.

(5). The Minister shall lay down detailed rules concerning the levying of the risk premium.

§ 5. State guarantee, subject to article 20. section 4, shall be granted for loans to farmers, who for the first time establish themselves as self-employed farmers and are under 40 years of age, see. (6).

(2). It is a condition that the person concerned





1) acquires an agricultural holding, including a share of at least 20 per cent of an agricultural holding, see. (6)

2) meets the training requirements, see. (6)

3) meets an equity requirements, see. (6)

4) by budgets proves economic survivability, see. (6)

5) are employed on agricultural holding at least 833 hours per year, calculated on the basis of standard hourly rates, see. paragraph 6, and

6) operates agricultural holding at its own expense and risk, see. (6).





(3). It is a condition that the agricultural holding





1) is economically viable, without prejudice. paragraph 6, and

2) has a needs at least 833 labour hours per year, calculated on the basis of standard hourly rates, see. (6).





(4). Conditions on working time regulation. (2). 5, on the operation for its own account and risk, see. (2). 6, and of having a labour needs at least 833 hours per year, calculated on the basis of standard hourly rates, see. paragraph 3, nr. 2, must be fulfilled throughout the loan term.

(5). The Minister of food, agriculture and fisheries may, when special circumstances, derogate from the conditions laid down in paragraph 2, no. 2 and 6, and paragraph 4.

(6). The Minister shall lay down detailed rules concerning the fulfilment of the paragraphs 1 to 3, said conditions.

§ 6. (Repealed).

§ 7. The Minister of food, agriculture and fisheries can take agreement with one or more mortgage companies that the Foundation provides loans after that law against State guarantees, without prejudice. sections 5 and 10, as well as section 13 (8).

(2). The Minister shall lay down rules concerning the terms and conditions of guarantee provided by the Government, including on the statement and approval of loss on the loan, etc.

(3). The Minister approves rates for the fees and administrative charges for the loan, for which the guarantee is granted according to the law, see. (1).

section 7 (a). The Minister for food, agriculture and fisheries can take agreement with one or more mortgage companies that the Foundation provides loans after that law against State guarantees, without prejudice. section 10 (a).

(2). The Minister shall lay down rules concerning the terms and conditions of guarantee provided by the Government, including on fees and approval of the loss on the loan, etc.

(3). The Minister approves rates for the fees and administrative charges for the loan, for which the guarantee is granted according to the law, see. (1).

§ 8. Udmålings-base for the loan in accordance with § 9 of the basic regulation. section 5, is the actual trading price of agricultural farm converted to cash trading price. The cash trade price shall be corrected for changes in agricultural holding's business assets made before the date of the application. Udmålings basis may not, however, exceed it by a valuation of the agricultural holding made by the lending institution at the time of application and ascertained by the Minister for food, agriculture and fisheries, approved the cash market value. The Minister may lay down detailed rules on conversion of the actual trade price for cash trading price, about correction of the cash business award and on the estimation of the cash market value.

(2). Through the establishment within the greenhouse cultivation can be the value of the holding's stock of potted plants under culture at the time of application attributed to holding udmålings basis in accordance with paragraph 1. The same applies to plant schools inventory of container plants.

(3). Through the establishment of a share of stock of an agricultural holding meted out the loan in relation to the anpartens value. The Minister may lay down rules to the effect that the udmålings base is expanded to 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.

(4). The Minister may lay down rules on the reduction of udmålings base, if the candidate receives the aid or aid granted in accordance with other legislation takes over for investments in the farm business assets.

§ 9. Loans for land users who obtain State guarantee pursuant to section 5, amounts to 20 per cent of the portion of the udmålings amount that exceeds 500,000 DKK Loan can be up to a maximum of 24,500,000 DKK meted out the applicant shall not be required to apply for a maximum loan.

(2). Loans in accordance with paragraph 1 shall be granted as a 20-year nominal rate loan and repaid after the annuity principle. The Minister of food, agriculture and fisheries shall lay down detailed rules concerning the granting of the loan.


(3). The loans must be secured by liens on oprykkende in soil properties after the users existing mortgages, so that loans in connection with the balance outstanding on these mortgages get mortgage security within 95% of the market value of cash, as referred to in their configuration. § 8, paragraph 1. The Minister may, where special circumstances justify it, allow the loans granted on the basis of the State guarantee pursuant to section 5 and section 10 of the basic regulation. § 5, obtains the mortgage security in addition to 95 per cent of the property cash market value.

(4). By loans under this law do alone to whom the loan is granted, to be sustained by mortgage letter as a customer.

§ 10. State guarantee, subject to article 20. section 4, shall be granted for one or more additional loans to a borrower who has not achieved maksimumslån of the basic regulation. § 9, until the maximum loan has been achieved. The applicant shall not be required to apply for a maximum loan. The loan is granted and guaranteed as stated in § 9, paragraphs 2 to 4.

(2). State guarantee for loans under paragraph 1 may only be granted if the borrower within 7 years from the date of the first loan disbursement acquires





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. § 12.





(3). It is a condition of the State guarantee for the loan in accordance with paragraph 1, that the person concerned meet the requirements of § 5 (2). 3-6 and section 5, paragraph 4, under the conditions laid down, and that the agricultural holding fulfils the in clause 5 (3) and (4) under the conditions laid down.

(4). The Minister of food, agriculture and fisheries may, when special circumstances, derogate from the conditions laid down in article 5, paragraph 2, no. 6, and section 5, paragraph 4.

(5). Udmålings-base for loans for which the State guarantee granted in accordance with paragraph 1, are the actual trading price of the asset referred to in paragraph 2 shall be converted into cash trading price. Udmålings basis may not exceed it by an assessment of the acquired asset at the time of application determined cash trade value, see. § 8, paragraph 1. The Minister may lay down detailed rules on conversion of the actual trade price for cash trading price and on account of it in 2. paragraph referred to cash trade value. The Minister may also lay down detailed rules for the granting of State guarantee for loans under paragraph 1, including capital adequacy requirement, see. section 5, paragraph 2, no. 3.

(6). The loan amounts to 20 per cent of the basis, see udmålings. (5).

section 10 (a). The borrower may apply for a tillægslån of the basic regulation. § 4a, if the borrower





1) has acquired the first-time start-up farm, see. § 5, after the 8. December 2003,

2) has not been applied for loans before the 8. October 2004, and

3) have been meted out loans according to the rules laid down in article 8, paragraphs 1 and 2.





(2). The borrower is not required to apply for a maximum loan.

(3). Udmålings amount on applications for loans 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 of establishment of the holding,

(4). Loan meted out with 90 per cent of the udmålings basis, arising from paragraph 3 of the basic regulation. However, paragraphs 5 and 6.

(5). The loan can only be meted with 70 per cent of the udmålings basis, deriving from paragraph 3, if the lending institution's valuation of the agricultural holding, as provided for in the section 8, paragraphs 1 and 2 is greater than the cash market value of the basic regulation. § 8, paragraph 1.

(6). The loan can, however, along with the loans, which are meted out in accordance with § 9 of the basic regulation. § 5, most meted out to an amount equivalent to 30% of the lending institution's valuation of the agricultural holding, as provided for in the section 8, paragraphs 1 and 2. For the purposes of this calculation can valuation after deducting the value of payment entitlements at most conclude with 25 million us $.

(7). The loan must be secured safety within 100 per cent of the property's cash trading value, see. § 8, paragraph 1.

(8). The loan is granted as a 20-year nominal loans and repaid after the annuity principle. Only loans that meted out to at least 200,000 kr Minister of food, agriculture and fisheries shall lay down detailed rules concerning the granting of the loan.

(9). Loans issued pursuant to section 9 of the basic regulation. § 5, and meted out in accordance with paragraph 3, the loans can be paid as a loan, if the measured total loans under section 9 of the basic regulation. section 5 is not paid. The total loans must have mortgage security within 100 per cent of the property's cash trading value, see. § 8, paragraph 1.

Paragraph 10. The Minister may lay down detailed rules for the calculation of the udmålings base and for determination of the loan.

§ 11. The Minister of food, agriculture and fisheries can allow loan reminder back for loans to finance investments in the property and its operation. After the retreat must have mortgage loan security within 95% of the property's cash trading value, see. § 8, paragraph 1. The Minister may, where special circumstances justify it, allow the loan obtain the mortgage security in addition to 95 per cent of the property's cash market value.

§ 12. The Minister of food, agriculture and fisheries can allow the loan to 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 loans referred to in article 6. paragraph 1 shall not exceed the sum of the balance outstanding loans could be granted. The loan can respect necessary borrowing to finance the acquisition. The loan must be secured secured in the acquired property as set out in section 9.

§ 13. The loan can be cashed out at any time in whole or in part.

(2). The loan is due for repayment by change of ownership, see. However, section 14.

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

(4). The loan may be required reduced proportionally if the property's cash trading value, see. § 8, paragraph 1, shall be reduced by the sale of a portion of the property. The Minister of food, agriculture and fisheries may lay down detailed rules on the subject.

(5). The Minister may determine that the loan to be required today if the conditions laid down in article 5, paragraph 4, are no longer satisfied, and if conditions made in connection with the granting of State guarantee, or in connection with the granting of the loan are not met. The Minister may also determine that the loan to be required today if it is taken over by the borrower's spouse or common-law partner or a company under section 14 and conditions are no longer fulfilled.

(6). The Minister may, if the borrower has made false or misleading information or omission of information relevant to decisions taken in respect of the guarantee and the loan, determine that the loan to be required.

(7). The Minister may, if the borrower overrides its obligations under rules issued under section 20, paragraph 1, or duties pursuant to article 20, paragraph 3, and § 21, determine that the loan to be required.

(8). The loan can at any time be converted to a new loan. The Minister shall lay down detailed rules on the subject.

§ 14. The borrower's surviving spouse acquires title to the mortgaged property by acquisition of hensidden in undivided live or by inheritance, or acquires the surviving common-law partner of title of the mortgaged property by inheritance, can the Minister for food, agriculture and fisheries, allow the loan to be taken over by the spouse or samleveren.

(2). Acquires and assumes a limited liability or anpartsselskab a greenhouse cultivation or a nursery in which loan any representations, the Minister may allow the loan to be taken over by the company on the condition that 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 pursuant to paragraph 2 less than 100 per cent of the stock or limited liability capital in the company, the Minister may, however, provide that the loan required reduced with a proportionally exceptional installments. The same applies if the original borrower's proportionate share of the stock or share capital be reduced later in the loan term.

(4). Authorisation in accordance with paragraph 2 can be given no earlier than 7 years after the loan is paid.

(5). The Minister may lay down detailed rules on the conditions under which, moreover, must be met in order to obtain authorization in accordance with paragraphs 1 and 2 to take over the loan.

§ 15. (Repealed).

Chapter 4

Common provisions

Rules of application, etc.

§ 16. The Minister of food, agriculture and fisheries can lay down the rules of application, etc., in accordance with the law and on the administration of the arrangements referred to in the law, including rules on the payment of aid under the law must be made to one of the candidate designated account in a financial institution.

Committee, etc.

§ 17. The Minister of food, agriculture and Fisheries Committee shall set up with representatives of the relevant authorities and non-governmental organisations to carry out supervisory and monitoring functions by the administration of the aid schemes in accordance with the law.

(2). The Minister may establish an Advisory Committee to the aid schemes in accordance with the law.


Powers

§ 18. The Minister of food, agriculture and fisheries can empower an institution under the Danish Ministry of food, agriculture and fisheries, or other governmental institution to exercise its powers in accordance with the law.

(2). The Minister may, with the agreement of the Minister of finance may authorize the Danish Agency to decide on the aid scheme referred to in Chapter 3.

(3). The Minister may lay down rules to the effect that the Municipal Council respectively Regional Council can exercise the Minister's powers relating to the parts of the article 2, paragraph 1, no. 5 (a), and article 2, paragraph 1, no. 8, referred to measures, including establishing rules on the conditions that must be fulfilled for that Councillor respectively Regional Council can exercise the powers. The Minister may make an agreement with the Municipal Council, respectively, Regional Council of Municipal Board's and the Council's participation in the management of measures. The Minister retains its full instructional competence.

(4). The Minister may lay down rules that private organizations can exercise the Minister's powers relating to the parts of the under § 2 (1) (8). 8, and § 2, paragraph 1, no. 9, referred to measures, including establishing rules on the conditions that must be fulfilled for that private organizations can exercise these powers. The Minister may make agreement with private organizations for their participation in the administration of these measures. The Minister retains its full instructional competence.

(5). Bornholm's Municipal Council be equated with regional councils in the situation referred to in paragraph 3.

Complaint

§ 19. The Minister of food, agriculture and fisheries may lay down rules on access to justice, including on complaint period. The Secretary of State may also establish rules for authorities and private organisations access to re-examine a case after the complaint has been lodged.

(2). The Minister may lay down rules on access to appeal against decisions taken pursuant to the authority in accordance with article 18, paragraphs 1 and 2, including the fact that decisions cannot be challenged before the administrative authority.

(3). Decisions taken by a Regional Council, a local authority or a private organisation pursuant to the authority in accordance with the law, may be brought before the Minister.

(4). The Minister may lay down rules according to which decisions are taken by a Regional Council or Municipal Council pursuant to the authority in accordance with the law, an appeal may be lodged solely with regard to legal issues.

(5). The Minister may lay down rules according to which decisions taken on the basis of recommendation by a Regional Council, a local authority or a private organization alone can be appealed, as far as legal issues.

Financing

section 19 (a). The Minister for food, agriculture and fisheries may lay down rules to the effect that the municipalities, regions, other public authorities, private organisations, public funds and private funds non-profit can participate in the financing of the measures referred to in paragraph 2, measures referred to in paragraph 1.

Control, etc.

§ 20. The Minister of food, agriculture and fisheries may lay down rules on control, supervision, accounting and auditing concerning measures, support is provided for by law.

(2). The controlling authority and persons specially authorized, has at any time against proper identification and without court order access to agricultural farms or other businesses operated by a natural or legal person who has received pledges of aid in accordance with the law. In a similar way has the controlling authority and persons specially authorized, access to agricultural holdings or corporate accounts, business books, papers, etc., including material that is stored in electronic form, in order to provide information for the solution of tasks in accordance with the law or to the rules laid down in accordance with the law.

(3). The operating an agricultural holding or other premises, see. (2) to provide the necessary guidance and assistance in the implementation of the checks referred to in paragraph 2, the material needs to be released or sent to the controlling authorities on their request.

(4). For use by the monitoring authority can obtain necessary information with customs and tax administration or other public authorities.

(5). The police shall provide, where necessary, assistance for the implementation of the checks referred to in paragraph 2. The Minister of food, agriculture and fisheries by agreement with the Minister of Justice may lay down detailed rules on the subject.

§ 20 a. the Minister of food, agriculture and fisheries or the Minister authorizes thereof, with other public authorities to obtain the information needed to check compliance with the relevant regulation and the law and the regulations issued pursuant to the Act, among other things, for the purpose of directory interoperation and compilation of information for control purposes.

Accountability of beneficiary

§ 21. The beneficiary must throughout the period in which the conditions for aid in accordance with the law must be met, at the Minister of food, agriculture and fisheries request, see. However, § 18, paragraphs 3-5, declare whether or not the conditions for aid continues to be met.

(2). The beneficiary must throughout the period in which the conditions for the aid provided for in law are to be met, notify the Minister, in accordance with article 3. However, § 18, paragraphs 3-5, if the conditions for aid are no longer met.

Interest rates

§ 22. The Minister of food, agriculture and fisheries may provide grants that must be repaid, without prejudice. § 3, paragraph 2, must be repaid with interest.

(2). The Minister may lay down rules on the calculation of interest under paragraph 1.

Recovery of receivables

§ 23. Arrears collection authority may recover the Treasury claims under section 3 of the basic regulation. section 22, and after the settlement of a pursuant to Chapter 3 granted State guarantee plus interest and costs. Arrears collection authority may recover the amount owed by Lien in order and by deduction of wages, etc. with the person concerned in accordance with the rules on the collection of personal taxes in kildeskatteloven.

(2). The Minister of food, agriculture and fisheries in consultation with tax Minister may lay down rules of procedure in relation to attachment of earnings orders.

§ 23 a. Arrears collection authority may cancel the debts to the public pursuant to section 23 in accordance with the rules in Recovery Act.

section 23 (b). The recovery requirement in connection with grants, which are funded by national funds as well as EU funds, shall become statute-barred in their entirety in accordance with the rules laid down in the regulations in force.

Exclusion

§ 24. The Minister for food, agriculture and fisheries, lay down rules to the effect that an aid candidate in a period can be excluded from the aid provided for in the Act of aid schemes covered by Council Regulation (EC) No 1782/2003. 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund (EAGGF) and amending and repealing certain regulations, as amended by Council Regulation (EC) No 1782/2003. 1783/2003, if the applicant with intent or gross negligence has made false information of importance for the receipt of support after the law's support schemes or other aid schemes referred to in that regulation.

(2). The Minister may, in accordance with the rules laid down in article 14, paragraph 3, of the regulation referred to in paragraph 1 shall lay down rules to the effect that a support applicant under section 2 (1) (8). 3, in a period can be excluded from support.

Compatibility and consistency

§ 25. The Minister for food, agriculture and fisheries, lay down rules that are not at the same time, aid may be granted to one and the same action pursuant to Council Regulation (EC) No 1782/2003. 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund (EAGGF) and amending and repealing certain regulations, as amended by Council Regulation (EC) No 1782/2003. 1783/2003, and in accordance with other Community aid schemes.

(2). The Minister shall lay down rules to the effect that the support for more measures in accordance with the regulation referred to in paragraph 1 can only be combined if measures are linked and are mutually compatible. If necessary, adjust the level of aid.

(3). The Minister shall determine the rules stating that no aid may be granted for a project under section 2 (1) (8). 9, if this project at the same time can obtain assistance under the aid schemes under objective 2 and objective 3 under Council Regulation (EC) No 1782/2003. 1260/1999 on the adoption of the General provisions for the structural funds or from the European agricultural guidance and guarantee fund, guarantee section.

Chapter 5

Criminal provisions, etc.

section 26. Unless a 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) acting in contravention of the conditions set out in this decision,

3) incidentally fails to give information, which the person concerned is required to provide in accordance with the law or the rules laid down in accordance with the law,

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

5) fails to give the Inspector access to the agricultural holding company under section 20 (2)


6) fails to disclose or submit material or to provide the inspection authority assistance pursuant to section 20 (3).





(2). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the regulations or of the terms granted in accordance with the rules. In addition, rules can be fixed penalty of fines for violation of the provisions in the rules of the European Community on matters covered by this law.

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

§ 27. Deemed a violation not to would result in higher penalty than fines, can the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings. It is a precondition that the who has committed the infringement, pleads guilty in the infringement and declare their readiness to within a specified time limit may be extended upon request, to pay a fine specified in the manifestation.

(2). With regard to the indication referred to in paragraph 1 shall act on civil procedures rules concerning requirements for the contents of an indictment and that a term is not obliged to give an opinion, mutatis mutandis.

(3). Paid the fine in a timely manner, or will be the adoption of the recovered or found by location served, lapses further prosecution.

Chapter 6

Entry into force, etc.

section 28. The time of the entry into force of the Act or sections of the Act shall be established by the Minister of food, agriculture and fisheries.

(2). The Minister shall determine the time of the repeal of the following laws or parts thereof:





1) law on support for structural development and agriculture to organic production in the field of agriculture and fisheries, etc., see. lovbekendtgørelse nr. 192 of 26. March 1999, with the exception of section 4 and Chapter 7-10, in so far as the provisions concerned section 4,

2) law on reimbursement for continuing education within the agricultural professions, see. lovbekendtgørelse nr. 318 of 18. May 1989,

3) Law No. 89 of 23. February 1991 on grants for structural projects in the fields of agriculture and

4) law on Windbreak and supplements for læplantning, see. lovbekendtgørelse nr. 17 of 18. January 1996, as amended by Act No. 15 of 14. January 1998, with the exception of Chapter 1 and 3.





(3). In paragraph 2, repealed legislative provisions are still applicable to grants allocated on the basis of applications filed before the time of the cancellation.

(4). For grants, in which the rules laid down in the laws referred to in paragraph 2, in accordance with paragraph 3 remain applicable, the Minister may, after negotiation with the concerned minister to delegate its powers in accordance with the laws of another State authority or institution.

(5). Rules issued under the repealed law provisions in paragraph 2 of this article, shall continue to apply for the grants allocated on the basis of applications filed before the time of the cancellation.

section 29. The Minister of food, agriculture and fisheries shall fix the time of the repeal of law No. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers, as amended by the text annotation nr. 117 ad § 24.24.05 to the budget bill for fiscal year 2000. The law shall, however, continue to apply to farmers who have applied for or been granted loans and grants, see. However, section 32, as well as for the loans and grants made under that law, see. However, § 32, and according to the law on State guarantees and interest subsidies, and more by lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 1186 of 23. December 1994, see. However, section 33, and the Act on lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 96 of 26. February 1981.

(2). For loans in which the rules of the law on State guarantees and interest subsidies, and more by lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 1186 of 23. December 1994 pursuant to paragraph 1 shall continue to apply, the Minister for food, agriculture and fisheries, obtain such information from the Customs and tax administration, which is necessary in evaluating whether loan conditions continue to be met. Arrears collection authority may with interest and costs of recovering receivables after redemption of a Treasury in accordance with the rules referred to in 1. point, granted State guarantee and make deduction of wages, etc. with the person concerned in accordance with the rules for the collection of personal taxes in kildeskatteloven. The Minister of food, agriculture and fisheries in consultation with tax Minister may lay down detailed rules concerning the procedure in connection with lønindeholdelsen, including on penalty of fines for violation of the rules. For offences by companies and other legal persons may be subject to criminal liability in accordance with the provisions of the Criminal Code Chapter 5.

(3). For loans in which the rules of the law on State guarantees and interest subsidies, and more by lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 1186 of 23. December 1994, pursuant to paragraph 1 shall continue to apply, the arrears collection authority carry out lien in order.

(4). For loans in which the rules of the law on State guarantees and interest subsidies, and more by lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 1186 of 23. December 1994, pursuant to paragraph 1 shall continue to apply, the arrears collection authority cancelling debts to the public according to the rules of collection law.

(5). For loans in which the rules laid down in law No. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers pursuant to paragraph 1 shall continue to apply, the Minister for food, agriculture and fisheries, obtain such information from the Customs and tax administration, which is necessary in evaluating whether loan and grant conditions continue to be met. Arrears collection authority may, in accordance with the State of the institution of a repayment in accordance with the rules referred to in 1. point, granted State guarantee recover Treasury owed plus interest and costs by deduction in pay, etc. with the concerned borrower in accordance with the rules for the collection of personal taxes in kildeskatteloven. Similarly, for grants awarded in accordance with the rules referred to in 1. point, and as recovered in accordance with the rules referred to in 1. point the Minister of food, agriculture and fisheries in consultation with tax Minister may lay down detailed rules concerning the procedure in connection with lønindeholdelsen.

(6). For loans in which the rules laid down in law No. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers pursuant to paragraph 1 shall continue to apply, the arrears collection authority carry out lien in order.

(7). For loans in which the rules laid down in law No. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers pursuant to paragraph 1 shall continue to apply, the arrears collection authority cancelling debts to the public according to the rules of collection law.

(8). For loans in which the rules laid down in law No. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers pursuant to paragraph 1 shall continue to apply, the application for supplemental loans have been submitted to the finance agency no later than 31 December. December 2009.

(9). Regulations issued pursuant to the provisions of law, repealed in paragraph 1 shall remain in force for loans and grants allocated on the basis of applications filed before the time of the termination, until they are repealed or replaced by regulations issued pursuant to this Act.

section 30. The provisions of the Act on younger growers establishment, see. Chapter 3, has no effect on farmers, who at the time of its entry into force have applied for or been granted loans and grants in accordance with the law on lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 96 of 26. February 1981, in accordance with the law on State guarantees and interest subsidies, and more by lending to young farmers, in accordance with article 3. lovbekendtgørelse nr. 1186 of 23. December 1994, or pursuant to lov nr. 397 of 14. June 1995 on State guarantee and performance supplements by loans to young farmers.

section 31. (Omitted). 1)

section 32. (Omitted). 1)

section 33. (Omitted). 1)

§ 34. The law does not apply to the Faroe Islands and Greenland.




Act No. 523 of 6. June 2007 amending various legal provisions on limitation of claims, etc. (Changes as a result of a new law on limitation of claims, waiver of time limits complaints by certain purchases of goods Act, etc.), contains in section 30 of the regulations, which relates to section 23 (b). The Act contains in section 47 the following effective determination:



section 47

The law shall enter into force on the 1. January 2008.




Act No. 316 of 31. March 2007 on rural (rural code) contains in Chapter 5 the following provisions for entry into force, etc.:



§ 16. The Minister of food, agriculture and fisheries shall fix the time of the Act or parts of the law's entry into force.

(2). The Minister may, in connection with the fixing of rules under section 3 provide that law or parts of the Act have effect as from the 1. January 2007.

(3). The Minister may, in connection with the bringing into force of this Act in full or in part shall take measures for the total or partial repeal of Chapter 1.2, 4 and 5 of the law on support for rural development (rural subsidy code), see. lovbekendtgørelse nr. 1015 of 9. October 2006.

§ 17. Grants are allocated on the basis of applications filed before the entry into force of this Act shall be treated for the time after the existing rules.





Act No. 487 of 17. June 2008 amending the law on State guarantees for loans to young farmers (Increase of udmålings the basis of the State guarantee, the authority for determining the rate of risk premium, etc.) contains the following entry-into-force provisions:



§ 2

The law shall enter into force on the 1. September 2008.
Ministry of food, agriculture and fisheries, the 25. August 2008 Eva Kjer Hansen/Soren S Official notes 1) relate to other legislation, see. lovbekendtgørelse nr. 1015 of 9. October 2006.