Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=120711
Overview (table of contents) Chapter 1 purpose of scheme Innovation
Chapter 2 Definitions, etc. related to the innovation scheme
Chapter 3 Administration
Chapter 4 common provisions for the award of grants for projects under the innovation law
Chapter 5 Conditions for reimbursement and reimbursement rates relating to innovation, development and research projects
Chapter 6 Co-financing with other public funds, etc.
Chapter 7 grants for the promotion of special ecological projects
Chapter 8 common provisions on additional costs etc. concerning projects in accordance with chapters 5 and 7
Chapter 9 the payment of grants
Chapter 10 amendment of commitments and transfer of undertakings
Chapter 11 Notification duty
Chapter 12 refund of grants for projects that are being commercialised
Chapter 13 cancellation of and recovery of unduly received subventions
Chapter 14 Force majeure
Chapter 15-access to justice
Chapter 16 Criminal provisions
Chapter 17 entry into force The full text of the Decree on subsidies for the promotion of innovation, research and development, etc. in the food, agricultural and fisheries sector
Under section 3, section 4, section 5, section 11, section 13, paragraphs 4, 5 and 6, section 15, section 16, paragraph 1, article 17, article 19, article 20 and article 21 of law No. 421 of 31. May 2000 on a financial contribution to the promotion of innovation, research and development, etc. in the food, agriculture and fisheries sector (innovation Act), as amended by Act No. 381 of 3. May 2006 and law No. 488 of 17. June 2008, and section 4 of økologilov No. 463 of 17. June 2008 shall be fixed:
The purpose of scheme innovation
§ 1. According to § 1 innovation is the aim of this scheme is to promote food, agriculture and the fishing industry innovation, research and development efforts with a view to contributing to
1) ensure that the food produced is healthy and of high quality,
2) strengthen food, agriculture and fisheries sector's competitiveness,
3) encourage the development of new products, including non-food products, with high innovation content,
4) preserve agricultural and fishing activities, resource base and ensure environmental and animal welfare as well as good working conditions,
5) improve consumers ' opportunities to obtain relevant and reliable information on the characteristics of products and about the conditions under which products are produced, and
6) strengthen innovation capacity in food, agriculture and fisheries sector companies and institutions.
Definitions, etc. related to the innovation scheme
§ 2. The definition of small and medium-sized enterprises follows the definition by the European Commission applying at any time.
§ 3. By a development project means a project, where project activities can usually be commodified immediately after the end of the project.
(2). In application-oriented research activities for the purposes of project activities, where activities can not be commercialized in the short term.
(3). By base-building activities for the purposes of research project activities that are not normally appropriate commercialization in the short and medium term.
(4). By innovation projects means projects, which are not directly performed research or development activities.
(5). By commercialisation means that the results of the project are subject to sale and circulation.
(6). Public and private research institutions also includes experimental institutions.
§ 4. By a project means a project that aims to explore the possibility of formulating a genuine innovation, research or development project.
(2). By an integrated project means a spirit of innovation, research and development project, which includes both primary agriculture and processing and processing of agricultural products, and a spirit of innovation, research and development project, which includes both the primary fishing and processing and processing of fisheries products, see. Innovation § 3, paragraph 2, no. 5 and 6.
§ 5. By a generic campaign purposes industry associations efforts for species of agricultural and fisheries products.
§ 6. By eligible project costs, in this Ordinance referred to as incremental, understood the direct costs, which are necessary for the implementation of a project under the innovation law.
Authorities and control
§ 7. Food Business through leads Innovation Committee decisions, see. § 8, and shall decide on cancellation of commitments for grants and repayment of the grant referred to in article 6. innovation § 17, section 18 and section 19, as well as taking a decision concerning subsidies for the promotion of special ecological projects, see. Chapter 7.
(2). Food Business shall exercise the powers of the Minister for food, agriculture and fisheries for innovation § 13 (2) of the period and derogating from section 16, paragraph 2, on the control, etc.
(3). Food Business shall carry out checks in connection with the Administration after this announcement.
(4). Food Industries can carry out a physical inspection and a subsequent accounting control.
(5). The Danish plant Directorate may, under the authority of the Minister for food, agriculture and fisheries, the physical control and the subsequent accounting control.
(6). To use for checks collected information from other authorities as appropriate.
§ 8. Innovation Committee shall decide on the award of grants for implementation of projects under the innovation section 3 (2), (3) and (4) and section 25, section 28 and section 29 of this Ordinance.
(2). Innovation Committee can obtain professional advice from experts in connection with the decision on the award of grants in accordance with paragraph 1.
(3). The Organic Food industry in connection with Fødevareråd Advisor ecological projects, including projects that can be commercialized in accordance with § 3 innovation, paragraphs 2, 3 and 4.
§ 9. The members of the Innovation Committee is appointed by the Minister for food, agriculture and fisheries. One Member is designated as the representative of the Ministry of food, agriculture and fisheries. (2) members shall be appointed on the recommendation of the Danish agriculture. (2) members shall be appointed on the recommendation of the agricultural Council. 1 member is appointed on the recommendation of the Danish Nursery. 1 member is appointed on the recommendation of the Organic unification. 1 member is appointed on the recommendation of the Council of the labour movement. 1 member is appointed on the recommendation of the Consumer Council. 1 member is appointed on the recommendation of the Danish Industry. 1 member is appointed on the recommendation of the Danish fishermen's Association. 1 member is appointed on the recommendation of the Danish fishing industry and export Association. 1 member is appointed on the recommendation of the Ministry of science, Technology and Development. 1 member is appointed on the recommendation of the economic and business affairs. 1 member is appointed on the recommendation of the Ministry of the environment. six members shall be appointed on the recommendation of the regional growth fora.
(2). The Minister appoints without first setting a Chairman and a Vice-Chairman of the Committee. President and Vice-President are members of the Committee.
(3). Innovation Committee shall be reduced, for periods of 4 years.
§ 10. Food Business shall fulfil the secretariat tasks for Innovation Committee.
(2). Food Business shall fulfil the secretariat functions for The Organic Fødevareråd of the basic regulation. § 4 in the økologiloven.
(3). Food Industries can obtain professional advice from experts with regard to the processing of project applications under the innovation law.
§ 11. Food Profession establishes guidelines for inventories of eligible additional costs for registration of eligible activities and for statements of the net proceeds, after the project period is created in the in section 49, paragraph 1, the said period.
(2). Food Business shall establish guidelines for the implementation of the review of the accounting and financial reporting for the project.
§ 12. The Minister of food, agriculture and fisheries seek professional advice from the Committee concerning the announcement of Innovation themes.
(2). Innovation the Committee shall seek the professional advice from the Organic Fødevareråd on themes in the field of ecology.
(3). Information on announced themes, including application deadlines and procedures, as well as the grant conditions and any monetary framework is done via publication on Food Business website or some form of broad advertising.
Common provisions on the award of grants for projects under the innovation law
Grant applications, etc.
§ 13. There can, on application, be granted commitment grants to owners, tenants and users of agricultural holdings and the Danish business fiskefartøjer, for groups or associations of agricultural holdings and business fiskefartøjer, private companies and trade associations and the like, associations, self-governing institutions, as well as to public and private research institutions.
(2). Grants for ecological projects under Chapter 7 may also be granted to public institutions.
(3). The assessment of the projects, the emphasis is on the project's news value, quality, relevance and impact.
§ 14. Grant application submitted to Food Profession on a special application form, which can be obtained from the food industry.
(2). Businesses and private research institutions must attach financial statements for the last 3 financial years application.
§ 15. If the project is co-financed with other public funds or funds from an EU scheme, the application must include a statement to that effect as well as an indication of how large an amount financial contribution represents.
(2). The application shall be shown separately in the project activities related to building the company's innovation competence referred to in article 6. § 25.
§ 16. When a project application is satisfied in whole or in part, shall be forwarded by the Food Business with a commitment to the candidate.
(2). The candidate must be for Food Industries in writing no later than 4 weeks after receipt of the undertaking to accept, since the undertaking would otherwise lapse.
(3). Food Industries can derogate from the time limit referred to in paragraph 2.
§ 17. If the project is carried out with the participation of more parties, shall be the subject of a project-related cooperation agreement between the parties, and to be among the participants appointed a responsible for project implementation and economy.
(2). The cooperation agreement must be Food Business not later together with the application.
(3). Food Industries can in special cases upon written request to derogate from it referred to in paragraph 2, the time of transmission of the cooperation agreement.
Project duration and requirements for undertaking gardens
§ 18. It is a condition for the award of grants for projects under the innovation law, that the project is carried out within a stated project period not exceeding 5 years from the project's inception.
(2). The project period may not begin at the time when the Committee on Innovation or Food Business has taken a decision in respect of the application.
(3). Food Industries can derogate from the provisions of paragraph 1 and paragraph 2.
§ 19. Undertaking Gardens must participate in an external evaluation of the project, if this appointed for that purpose.
§ 20. Undertaking has an obligation to accompany or let a Deputy accompanying inspection staff and provide the necessary assistance in checking.
(2). The undertaking shall keep the haver tax, VAT and profit and loss accounts and the accounts for the project for 5 years after the project is completed.
(3). Undertaking gardens to be in 5 years after the end of the article 49, paragraph 1, that period keep tax, VAT and profit and loss accounts and accounts relating to the inventory of it in section 49, paragraph 1, referred to nettoprovenue.
Conditions for reimbursement and reimbursement rates relating to innovation, development and research projects
Grants for projects under the innovation Chapter 2.
§ 21. Organic projects under the innovation Act Chapter 3, that can be commercialized, is treated according to the rules laid down in Chapter 2 of innovation and this chapter.
§ 22. Projects under the innovation § 3, paragraph 2, relating to innovation, research and development etc. within the following areas:
1) the primary agricultural sector, with the exception of forestry.
2) the primary fishing industry.
3) Sector concerning processing and processing of agricultural products.
4) Sector concerning processing and processing of fisheries products.
5) the primary agricultural sector in combination with the sector regarding the processing and processing of agricultural products (integrated projects).
6) the primary fisheries sector, including aquaculture, in combination with the sector regarding the processing and processing of fisheries products (integrated projects).
(2). Projects under the innovation section 3, paragraph 3, relating to activities designed to explore the possibilities of formulating innovation projects within the scope of paragraph 1.
(3). Eligible for reimbursement for generic campaigns, see. section 33.
(4). Small and medium-sized enterprises can obtain grants for test marketing, see. section 30.
(5). The demarcation of which of those referred to in paragraph 1, no. 3 and 4, mentioned projects (processing and processing), which can be financed, carried out on the basis of annex I to the EC Treaty i. Grant may then be granted to projects concerning processing and processing of agricultural and fishing products to goods not covered by Annex I where the project relates to the development of products that
1) are by-products resulting from the processing of basic agricultural or fisheries products, and which implies a better use of the basic products, so that the revenue for the products of the relevant basic products increase,
2) are new products that significantly increase the outlets for the basic products concerned, or
3) leads to new outlets of major importance for the basic products in question.
§ 23. The assessment of grants for those in Chapter 2 mentioned developing innovation and research projects be paid particular attention to the following areas of action:
1) New products and production processes.
3) building innovation competence, including the training of skilled labour.
4) Eating quality, traceability and quality assurance.
5) food and nutrition security.
6) food documentation.
7) working environment.
8) Protection of the environment, nature and resource base.
10) animal welfare.
12) application-oriented research.
§ 24. Grants to use pilot studies shall be granted in accordance with the rules that apply to the development or research activities, such as the pilot project relates.
(2). Result of forprojektaktiviteter not being continued in its development or research activities, are considered forprojektaktiviteter as an independent project under the drawback rules, see. §§ 48 and 53.
§ 25. Project activities related to building innovation competence shall be determined in the context of Innovation the Committee's treatment of project applications relating to innovation, research and development under the innovation Chapter 2.
(2). Projects related to the project activities referred to in paragraph 1 shall relate to at least two of the areas of activity, as referred to in the Act on innovation. § 23.
(3). Grants for the activities referred to in paragraph 1 shall be granted in accordance with the same rules as are applicable to grants for the project type, such as activities related to.
(4). By undertaking the project activities that have been defined as activities related to building innovation competence, and the size of the tilskudsdel, which in this context is exempt from repayment of the basic regulation. section 48, paragraph 3, nr. 3.
section 26. Grants may not be awarded to projects under the innovation § 3, paragraph 2, no. 1-4, and to projects under Chapter 7 if the extra costs represent less than 100,000 USD.
§ 27. Small and medium-sized enterprises, which implements a project as a one-man project, can obtain a subsidy of a maximum of 45% and, respectively, 35% of the extra costs involved with that project.
(2). Implemented a project as a collaborative project in which small or medium-sized enterprises or undertakings other than small and medium-sized enterprises (large enterprises) or to public or private research institutions participate, may be to small businesses will be granted subsidies of up to 60 percent and for medium-sized businesses a maximum of 50% of the extra costs involved in the collaborative project.
(3). Grants for development or research projects carried out by undertakings other than small and medium-sized enterprises (large businesses), may be provided with a maximum of 40 percent of the extra costs, if the projects are carried out in cooperation with small and medium-sized enterprises and/or in cooperation with public or private research institutions.
(4). Grants may not be awarded for collaborative development projects, which can be obtained grants under business promotion schemes under rural development programme 2007 – 2013, see. Executive Order No. 1079 of the 3. September 2007 on a financial contribution to the promotion of innovation through the development, demonstration and investment relating to the primary land use and its subsequent amendments, and executive order No. 1080 by 3. September 2007 on a financial contribution to the promotion of innovation relating to the processing of food and the forestry sector through the development, demonstration and investment with subsequent amendments.
section 28. Small and medium-sized enterprises may, for the purpose of preparing a development project under the innovation law obtain grants to pay for the loan of qualified personnel, including for research workers from public and private research institutions, and for the purchase of innovation advisory services.
(2). Eligible for grants to pay for the qualified personnel and the purchase of innovation advisory services in connection with literature searches, obtaining of permits, preparation of documentation, initial experimental studies and solicitation of partners.
(3). Maximum grant for a period of 12 months and a maximum of 200 hours per grant to achieve the candidate. The grant may not exceed 45 per cent respectively for small enterprises and 35% for medium-sized enterprises.
(4). Grants shall not be granted for the preparation of a project application.
(5). It is a condition for the granting of subsidies to
1) loan of qualified personnel or the purchase of innovation advisory services, not later than 1 year after the expiry of the period for which the grant is sought, is prepared and submitted an application for a grant for a project under the innovation law,
2) the period for which the grant may be granted, shall be prior to an upcoming project or project, and it must be documented that the activities are necessary to induce this project, and
3) exists between the applicant and the qualified staff or research employee a specific contract, as are approved by the Food industry.
(6). The applicant must in the application outline what tasks the employee borrowed or innovation Adviser must perform, and what effects are expected.
section 29. Subsidies may be granted to companies and research institutions that establish an innovation network or cluster with a view to exchanging knowledge and experience about specific innovative conditions that can contribute to an innovative solution of one or more specific problems.
(2). Eligible for reimbursement for the extra costs of the creation of an innovation network or cluster, which includes payroll expenses, expenses for rent of the meeting room, the coordination costs, travel expenses, printing of relevant information materials, consulting services, as well as other extra costs is estimated to be relevant in order to establish innovation network or cluster.
(3). Extra costs may not exceed 200,000 USD, and the grant may not exceed 30% of the extra costs.
(4). Grants shall not be granted for the preparation of a project application.
(5). It is a condition for the granting of subsidies to
1) at least five and not more than twelve companies form part of the network,
2) up to a maximum of two research institutions form part of the network,
3) period, which may be financed up to a maximum of 12 months, may constitute
4) the network shall meet at least 4 times during the project period and
5) network continuously documenting the performed activities.
(6). The applicant in the application must explain what problems that must be resolved, as well as for the expected effects of the innovation network or cluster.
(7). Other actors than those referred to in paragraph 1, can participate in the innovation network or cluster, but they are not eligible.
section 30. Grants for test marketing on a limited market may be granted to small and medium-sized enterprises, obtaining grants within the meaning of section 27 (1) and (2), if a test is needed to achieve project results.
(2). Grants for a project for test marketing in accordance with paragraph 1 may be granted for a maximum period of 9 months, there may not be commenced later than one year after the completion of the project, the results of which want to test on the market.
section 31. Eligible for grants for research projects, see. section 22, paragraphs 1, 2 and 5, carried out by public or private research institutions, where projects are carried out in collaboration with companies.
(2). Research institutions for the projects referred to in paragraph 1 shall obtain the following reimbursement rates:
1) Maximum 90% of the extra costs related to project activities, there are base-building research.
2 a maximum of 65 per cent) of the extra costs related to project activities, which are application-oriented research.
(3). The reimbursement rates provided for in paragraph 2 may be waived in the case of project activities in the context of other research activities is assessed necessary to induce a project.
(4). Companies participating in a research project, see. (2) can achieve the malt in § 27 maki, paragraphs 2 and 3, said the reimbursement rates.
section 32. The result of the research projects qualifying for more than 50 per cent of grants, must be published within a time limit which shall be fixed by the Food industry.
(2). For private research institutions that achieve more than 50 per cent of the grants, they apply in section 35, paragraph 2, under the conditions laid down.
Reimbursement for generic campaigns
section 33. Grants can be given to generic campaigns conducted by industry associations and the like in connection with bets for the agricultural and fisheries products of general interest for the whole or parts of the sector or industry concerned, and where special societal interests prevail.
(2). It is a condition for the granting of subsidies in accordance with paragraph 1, that the campaign has news value in relation to the societal priorities, including quality, food safety, environment, nutrition or ecology.
(3). Grants may not be awarded to campaigns, having regard to national origin.
(4). Industry associations and similar applications where one or a few companies dominate, cannot obtain reimbursement for generic campaigns deemed to be included as a regular part of the activities of member companies.
(5). The provision in paragraph 4 may be waived, if the dominant undertaking is part of an industry association that goes beyond the company.
§ 34. Grants for those in § 33 (1) of the abovementioned activities may be granted up to a maximum of 50% of the extra costs.
Co-financing with other public funds, etc.
section 35. Projects under the innovation Chapter 2 and 3 can be co-financed with other public funds in addition to funds from the innovation law by up to 95% of the extra costs in compliance with the conditions set out in point 9 of the Community guidelines on State aid for research, development and innovation (2006/C 323/01).
(2). The conditions referred to in paragraph 1 are the following:
1) the project must relate to products listed in Annex i to the Treaty.
2) the project must be of general interest to the particular sector or sub-sector-specific.
3) information on the project will be carried out and for what purpose, published on the Internet before the project begins. The information must be included with an indication of when the results expected approximately will be available, and where they will be published on the Internet, and it should be noted that the results be made available.
4) the results of the project must be available on the Web for at least 5 years. The information on the Internet will be published not later than the information that may be made available to members of a specific organization.
5) Subsidy granted directly to the company or companies or institutions and the like, which implements the project, and must not involve direct non-project-related grants to a company producing, processing or marketing agricultural products, or act as a price support to producers of such products.
(3). Choose undertaking gardens, to the project and its results not be published in accordance with the conditions referred to in paragraph 2, the project can be co-financed with other public funds in addition to funds from the innovation law, if the total public contribution does not exceed the maximum allowance in accordance with the law, within the meaning of innovation. However, section 32 and section 36, paragraph 4.
(4). Under the same conditions as referred to in paragraph 3 can funds from an EU scheme, which will require national co-financing, included in the project's funding, if the total public contribution does not exceed the maximum allowance in accordance with the relevant EU scheme.
(5). The section 33 referred to projects relating to generic campaigns can be co-financed with other public funds in addition to funds from the innovation law, if the total public contribution does not exceed the maximum allowance.
Grants for the promotion of special ecological projects
§ 36. Grants may be awarded to information activities, the preparation of educational and information materials, teaching and course organisation, field trials, grassroots research and other non-commercial measures that are of particular importance for the development of ecological agricultural production, including non-food.
(2). Supplements can, except for grants under section 37, constitute more than 50% of the extra costs, once the project is implemented by owners, tenants or users of agricultural holdings, groups or associations of owners of agricultural holdings, and similar organizations, self-governing institutions and public and private research institutions, if
1) project only concerns the elaboration of educational or information materials,
2) project concerns information activities, teaching or training organisation,
3) project includes activities in organic agricultural production, which are coordinated under the rural organizations ' Advisory Service,
4) project relating to grassroots research, covering research characterized the effort, which is not implemented in the established research environment,
5) the increased rate is a prerequisite for ensuring the implementation of a project, which is estimated to be of public interest, and where the results of the project will be published as soon as they are available, or
6) special reasons, moreover, justified.
(3). Food Business shall determine the modalities for the disbursement of grants, including concerning the publication of the results of the project.
(4). Grants for private research institutions, see. (2) may be granted under the same conditions concerning publication set out in section 35, paragraph 2.
section 37. Grants may not exceed 50% of the extra costs for projects relating to the use of organic food in institutions.
Common provisions on additional costs etc. concerning projects in accordance with chapters 5 and 7
section 38. Projects additional costs may include
1) payroll costs incurred during the project period to persons who participate in the project,
2) the cost of external consultants,
3) expenditure on external assistance,
4) the cost of materials, including for rent and lease,
5) the cost of the necessary equipment, including for rent and lease,
6) the cost of market research and
7) other expenditure necessary for the implementation of the project.
(2). Grants may not be granted for the following costs:
1) Vat, unless this definitively borne by undertaking gardens.
2) advertising campaigns, see. However, section 30 and section 33.
3) Fixed investment, except for the construction and equipment investment, which are necessary conditions for implementing the project's experimental and development phases.
4) depreciation, general operating and service costs, etc., apart from the share, which is a necessary precondition for the implementation of the project's experimental and development phases.
5) Coverage of lost production for the candidate on the lands or in rooms where the innovation, research and development work carried out.
6) expenditure incurred by the undertaking has held before the start of the project.
7) financing costs in any form.
8) the cost of patenting, which is held by other companies than small and medium-sized enterprises.
(3). If the project is carried out by research institutions, sets out for a project's implementation required indirect common costs such as rents, construction expenses and administration, etc., according to the Finance Ministry's budget guidance.
(4). The sales value of products developed as part of the project, shall be deducted by the inventory of the extra costs.
(5). Food Profession sets the value of the equipment or furniture investments that have a value after the end of the project. The value deducted in the calculation of the extra costs.
Payment of grants
§ 39. Subsidies paid on the basis of statements of the project connected and paid the additional costs.
(2). Grants may be paid in installments for the part of the project period, as the respective rates concerns.
(3). Statements concerning the final installment payment is the final statement of the incremental costs associated with the project.
(4). The final statement shall be appended to a final report that documents the fact that the project is implemented in accordance with the accepted commitments and be Food Business not later than 3 months after the end of the project period.
(5). The time limit under paragraph 4 is for public research institutions 6 months.
(6). It is a condition of payment of an instalment, to Food Profession has approved a cooperation agreement, a possible status report and rate of discharge.
(7). It is a condition of final payment, the Food Business has approved a cooperation agreement, any status reports, the final statement and final report.
(8). Undertaking Gardens must by its external use of and information about the results of the project indicate that the project is developed with innovation grants under the law.
§ 40. Statements, see. § 39, paragraph 1, must be certified by a chartered or certified accountant.
(2). If undertaking gardens is a governmental research institution, must be certified by the financial statements responsible for the institution.
§ 41. Small and medium-sized businesses can request the subsidy paid in up to 4 annual installments. Each installment to be apart from the final installment, as a minimum, be at 10000 kr.
(2). Food Industries can derogate from the limit referred to in paragraph 1.
(3). Other companies and research institutions can request the subsidy paid in up to 2 annual installments. Each installment to be apart from the final installment, as a minimum, be of 50000 kr.
§ 42. Statements of additional costs in connection with projects in which several tilsagnshavere participant, must be submitted together to the food industry.
section 43. Statement of the project related incremental costs shall be made on a separate sheet, which can be obtained from the food industry.
(2). Final report drawn up in accordance with the guidelines set by the Food industry.
(3). In § 40, paragraphs 1-2, mentioned certificates is done by a separate auditor declaration form, which is available on the Agri-Food Industry website.
§ 44. Payment of grants made to the undertaking's NemKonto.
Modification of commitments and transfer of undertakings
§ 45. The commitment of grant may upon written request be changed.
(2). The modification of a project, which has obtained commitments for grants, may not commence until given permission to do so.
(3). Change of commitment grants may not include an increase in the amount of the undertaking.
(4). Request for modification of a project must be received in the Food Business not later than two months before the end of the project period. Food Industries can in special cases, grant a derogation from this deadline.
§ 46. Commitments on subsidies may, in accordance with the written request is transferred to another, which, according to section 13 may be undertaking gardens, with the consequence that the new undertaking gardens assuming rights and obligations after the undertaking for reimbursement.
§ 47. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, make a declaration to the Food Profession about whether conditions for the commitment of the grants continue to be met.
(2). Undertaking gardens is in the whole period in which the conditions for reimbursement must be fulfilled, committed to without undue delay in writing to give the Food Business Notification of conditions that can result in cancellation of commitments or repayment of grants under section 53.
Repayment of grants for projects that are being commercialised
section 48. The project commercially exploited, must grant be refunded.
(2). Repayment may not exceed the subsidy paid to the individual undertaking gardens.
(3). Undertaking gardens are exempt from requirements for a refund, if
1) the amount of subsidy does not exceed 100,000 DKK,
2) small and medium-sized enterprises two earliest project applications under the innovation law after law No. 381 of 3. May 2006 amending innovation Act entered into force on 15. June 2006, and that for both projects separately obtained a subsidy does not exceed DKK, 750,000
3) it grants related to project activities, relating to the construction of the company's innovation competence, or
4) the grants relate to the promotion of special ecological projects, see. Chapter 7.
(4). Food Profession may waive the requirement for reimbursement if reimbursement is granted for an industry association and the like, and if the project result used commercially by a wider audience, without prejudice. innovation § 19, paragraph 4.
§ 49. The establishment of the recovery order is effected on the basis of a statement of the net proceeds, as the result of the completed project has created over a period of 3 years from the end of the project.
(2). By the net proceeds referred to in paragraph 1 shall mean gross revenue, including revenue received from the sale or exploitation of licences and know-how developed during the project, less turnover-related costs.
(3). The inventory shall be carried out on a separate sheet, which can be obtained from the food industry.
§ 50. The statement referred to in article 6. section 49, paragraph 1, must be certified by a chartered or certified accountant, see. However, section 40 (2).
§ 51. The statement must be Food Business not later than 3 years and 3 months after the end of the project, otherwise required grant recovered.
(2). Food Industries can derogate from the time limit referred to in paragraph 1.
§ 52. Supplements will be refunded with interest if not Food Industries have received the refund amount within 30 days after the claim for repayment is made to the undertaking gardens.
(2). Interest amount miscellaneous charges are calculated with an interest rate equal to the discount rate plus a surcharge of 2% Food Profession establishes the 1. January interest rate for 1 year at a time.
Cancellation of and recovery of unduly received subventions
§ 53. Food Business may decide that the commitment to grant will lapse in whole or in part, and to wrongly paid subsidies must be repaid in whole or in part, if
1) undertaking gardens have violated innovation § 17 (1) (8). 1 and 2,
2) undertaking gardens overrides its duty under section 19, section 20 and section 39 (4) Innovation section 16 (2) and (3), or duties pursuant to rules issued pursuant to § 16 innovation (1)
3) undertaking gardens do not meet the condition pursuant to section 28, paragraph 5, no. 1,
4) undertaking gardens does not meet his obligation under section 47, or
5) preconditions for commitments for grants is significantly upset, URf.eks. in a business termination, bankruptcy, sale or transfer of production and sales rights.
(2). The recovery order shall be assigned an interest rate with a rate of interest is established pursuant to the finance law § 5. Interest shall be calculated from the making of the claim for refund.
§ 54. Food Profession recognizes the following events as force majeure:
1) Undertaking's or the project leader's death.
2) Undertaking's or project's lengthy incapacitation.
3) Expropriation, if any such expropriation could not be foreseen when the commitment period.
4) A severe natural disaster, which significantly affect land or facility used in the project.
5) Destruction in case of accident of stables or facility used in the project.
6) A crew used in the project, will be hit by a contagious animal disease that leads to public intervention, and which is governed by Decree No. 954 by 13. October 2005 on lists of infectious diseases to the law on the keeping of animals, annex 3, or an epidemic.
(2). It is a condition for the recognition of force majeure that the occurred events prevents fulfilment of the obligations, in relation to which invoked force majeure, and that undertaking is not without disproportionate opofrelser Gardens could have secured themselves against this.
(3). Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.
§ 55. If undertaking gardens or his estate would to invoke force majeure, it shall be communicated to the Food Industries in writing within 10 working days after the date on which the undertaking gardens or his estate is able to do it. the communication must be accompanied by appropriate documentation.
Access to justice
section 56. Decisions of the Food Profession by virtue of this order can be appealed to the Minister of food, agriculture and fisheries, see. However, paragraph 3.
(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). Decisions referred to in article 6. (1) taken by the Innovation Committee or relies on a recommendation from The Organic Fødevareråd, can only be appealed with respect to legal issues.
§ 57. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who violates section 22 of the Act, as well as the innovation that violate provisions of the rules on matters governed by the Act or this notice.
(2). Food Profession can demonstrate that the case can be settled without court proceedings, if it is considered that the violation will not result in higher penalty than fines. It is a precondition that the who has committed the infringement, pleads guilty in the infringement and declare their readiness to within specified time limit may be extended upon request, to pay a fine specified in the manifestation.
(3). For the indication referred to in paragraph 1 shall act on civil procedures rules concerning requirements for the contents of an indictment and the requirement that a term is not obliged to give an opinion, mutatis mutandis to the expressions from the Food industry.
(4). Paid the fine in a timely manner, or will be the adoption of the recovered or found by location served, lapses further prosecution.
Entry into force of the
§ 58. The notice shall enter into force on the 21. July 2008.
(2). Executive Order No. 865 of 9. August 2006 for grants for the promotion of innovation, research and development, etc. in the food, agriculture and fisheries sector, as amended by Decree No. 1546 by 12. December 2007, is repealed. The Ordinance shall continue to apply to applications that are processed before the Committee 1. July 2008.
The Ministry of food, agriculture, the 15. July 2008 Eva Kjer Hansen/Bjarne Bak Pedersen
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