Decree On Subsidies For Joint Initiatives Within The Fisheries And Aquaculture Sector

Original Language Title: Bekendtgørelse om tilskud til fælles initiativer inden for fiskeri- og akvakultursektoren

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116849

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Administration

Chapter 3 eligible actions

Chapter 4 Conditions for reimbursement

Chapter 5-eligible expenses

Chapter 6 amendment of the project and entry into commitments

Chapter 7 Calculation of grants

Chapter 8 payment of grants

Chapter 9 obligation

Chapter 10 cancellations and refund of grants

Chapter 11 Force majeure

Chapter 12 remedies

Chapter 13 Criminal provisions

Chapter 14 entry into force The full text of the Decree on subsidies for joint initiatives within the fisheries and aquaculture sector

Under section 3 of the basic regulation. § 2 (1) (8). 3 (a), (d) and (e), section 4, paragraph 2, § 5, article 7, paragraph 4, article 11, paragraphs 1, 2 and 4, section 12 and section 13, paragraph 1, of the lov nr. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be determined pursuant to the authority:

Chapter 1

The scheme's content

§ 1. Ministry of food, agriculture and fisheries within the deposed frameworks promise grants to projects in the fields of fishing and aquaculture sector, which includes:





1) Development of new markets and promotional campaigns.

2) Collective measures.

3) Pilot projects.





(2). Commitments for grants may be given for time-limited projects of common interest with a broader scope than measures that private companies and organizations usually implement. The projects must contribute to increasing the total value of dividends in the fisheries sector and contribute to the promotion of one or more of the following purposes:





1) Sector Development in sustainable environmental and economic direction.

2) Innovation and added value.

3) Marketing and consumption of fish and fishery products.





(3). Commitments for grants can be given to public or private institutions, public authorities, organisations in the fisheries and aquaculture sector as well as for operators.

Chapter 2

Administration

Authorities and control

§ 2. The Ministry for food, agriculture and fisheries, Directorate for Food Business by acting in accordance with this Ordinance.

§ 3. Directorate-General for Food Industries carrying out checks in connection with the Administration after this announcement.

(2). Directorate-General for the Food Profession responsible for conducting the physical the physical control and the subsequent accounting control.

(3). After authorization may be a different Directorate of the Ministry for food, agriculture and fisheries, the physical control and the subsequent accounting control.

(4). To use for checks collected information from other authorities as appropriate.

Grant application

§ 4. Application must be made on a special application form, which can be obtained from the Directorate of Food Business or through the DG's website. Grant application must be submitted in duplicate to the Directorate.

(2). An application must be received before the 1. February, the 1. August and the 1. November. In 2008, however, the application must be received before the 7 respectively. June and the 16. September and the 1. November.

(3). In cases where the last day of the deadline referred to in paragraph 2 is a Saturday, Sunday, Monday, or a public holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter.

(4). When the Directorate receives the application, shall acknowledge receipt and Directorate can in conjunction therewith give permission to launch the project. For projects that are initiated in the period from the 1. October 2007 to the 8. in May 2008, the application is submitted until the 7. June 2008.

Prioritization and decision

§ 5. Directorate-General for the Food Profession prior to appointment by a round of one or several fields of action. The announcement contains a more detailed description for each field of action by which project proposals presented to them, as well as of the priorities which will form the basis for the selection of projects.

(2). Action areas include one or more of the following areas:





1) Experiments with and development of sustainable fishing practices and the sustainable management of fisheries.

2) Development, restructuring and improvement of sustainable aquaculture.

3) Circulation, processing and quality of fisheries and aquaculture products.

4) collaborative projects across the fisheries and aquaculture sector, possibly with the involvement of other parties, with a view to optimizing the value chain or support for knowledge sharing.

5) promotion and campaigns for fisheries and aquaculture products, including with the aim of better nutrition, quality improvement, promotion of environmentally friendly methods and improvement of the fisheries and aquaculture sector's image.

6) Improvement of safety and working environment in the fisheries and aquaculture sector.





(3). After an exchange of views in the Monitoring Committee for the use of the European Fisheries Fund in Denmark may be established other priorities than those referred to in paragraph 2 or these can be customized.

(4). The Directorate may, in accordance with the written consultation of the Monitoring Committee in exceptional cases decide on changes in priorities, deadlines for announcement of priorities and submission of applications.

§ 6. Applications received before the deadline and which meet the conditions for reimbursement referred to in article 6. Chapter 3 and 4 shall be notified to the undertaking after a prioritization on the basis of the announced priorities, see. § 5.

(2). In the selection of projects, emphasis is placed on the extent to which the anticipated effects of the project contributes to the achievement of the objectives of the announced deployed areas.

(3). To use for the assessment of applications for reimbursement for collective measures, see. section 1, paragraph 1, no. 2, as is the innovative character, and grant applications for pilot projects, see. section 1, paragraph 1, no. 3, the Directorate can obtain professional assessments of applications from it in accordance with the Act on subsidies for the promotion of innovation, research and development etc. in food and Agriculture and the fisheries sector reduced Committee (the Innovation Committee).

§ 7. Directorate-General for Food Industries can use this year's appropriation in one filing period or distribute it on the three application rounds.

(2). If the application cannot be accommodated, the Directorate provides commitment grant.

(3). There can be total or partial rejection of the applications with reference to a prioritization of the allocation of the annual budget bill.

(4). Applications that cannot be accommodated only as a result of that the application period for deposed framework are exhausted, be transferred once to the next application period. The requests that have been transferred to a filing period, priority on equal terms with other applications which are received within the application period.

§ 8. After discussion of the Monitoring Committee for the program for the use of the European Fisheries Fund in Denmark, Directorate for Food Industries can possibly establish one or more working groups, which can advise on announcement of action areas, see. § 5.

Chapter 3

Eligible projects

§ 9. Commitments for grants to projects relating to the development of new markets and promotional campaigns can be given to measures in order to implement a policy of quality and value enhancement, to develop new markets, or to implement consumer campaigns for fishery and aquaculture products, including:





1) Certification and labelling of products.

2) Market and consumer surveys.

3) Marketing and information campaigns, including regional, national or transnational promotion for fish and aquaculture products.

4) campaigns for the improvement of fishing products, aquaculture products or the fisheries and aquaculture sector's image.

5) the promotion of products which have been to using environmentally friendly methods.

6) market supply with species that are surplus or which are under-utilized and which are normally discarded or of no commercial interest.





(2). A project for new markets and promotional campaigns may not refer to individual companies ' trade mark, or to a specified country or other geographical area.

§ 10. Commitments on subsidies for collective projects can among other things be given to measures concerning better management of fisheries, collaboration between business and researchers, the promotion of selective fishing practices and the reduction of by-catch, improvement of safety and working environment, openness of the markets in fishery and aquaculture products, food safety, development of aquaculture facilities, investments relating to the production and infrastructure, networking and the exchange of information on best practice, equality between men and women and the formation of producers ' organizations.

(2). Collective projects may also relate to the establishment and restructuring afproducentorganisationer, as well as producer organisations implementing the quality plans.


(3). Projects relating to collective measures should be implemented with the active participation of operators ' organisations in the fisheries and aquaculture sector or other organisations recognised by the Ministry of food, agriculture and fisheries. Projects relating to paragraph 2 may only be carried out by recognised producer organisations.

§ 11. Commitments for grants for pilot projects may be given to acquiring and disseminating new technical knowledge. Pilot projects include the testing of innovative technology, the testing of management plans, etc. for fisheries, development and testing of methods to selectively and careful fishing, including study of the biological and economic consequences.

(2). Pilot projects shall aim to provide useful results and needs to be followed up scientifically. To prepare a technical report on each of the pilot projects that receive grants.

(3). Pilot projects will be implemented by one or more economic operators or organisations in the fisheries and aquaculture sector in partnership with a scientific or technical body. Directorate-General for the Food Profession may designate other bodies to implement pilot projects.

Chapter 4

Conditions for grant

§ 12. It is a condition of grant for a project,





1) that the applicant shall deliver the information Directorate of the food Profession requests for use




proceedings,



2) that the project be completed senestpå the time cited in the application, but not later than 18 months after the date of the undertaking, unless the Directorate shall notify a derogation from here,

3) that undertaking gardens submit final withdrawal request and project report in due time, without prejudice. section 18, paragraph 4,

4) to the project and the investments which have been granted subsidies, provided that it is relevant with respect to its content and purpose is maintained by undertaking gardens for a period of at least five years from the date of the final payment of the contribution, and

5) to cashout request and original accounting documents shall be kept available until 31. December 2021.





(2). The Directorate establishes in undertaking detailed conditions of the undertaking ' s obligation to inform about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers and magazines.

(3). Undertaking gardens are required to submit a report on the project's effects 2 and 5 years after the final payment of the grant. In the undertaking stipulates what information must be provided in the reports.

Chapter 5

Eligible expenses

§ 13. Grants can be given to the actual costs incurred by the bodies or firms involved in the project and which are necessary for the implementation including internal salary for employees in an organization or company as a participant in the project. Cost of external suppliers must be based on information gathered deals or open tender. Indirect costs are eligible costs if they are based on actual costs for the implementation of the project and shall be distributed in proportion to the direct expenditure following a duly justified, fair and equitable method.

(2). Indirect costs can be included with up to 50 per cent of the direct costs.

(3). Eligible expenditure may also include the





1) the cost of the certificate of paid expenses,

2) expenditure on project reporting, and

3) other expenses, as the Directorate of Food Profession assesses to be necessary for the implementation of the investment project.





§ 14. The expenditure eligible for financing may not include





1) expenditure qualifying for other EU-grants,

2) expenditure incurred by the undertaking has paid within the Directorate of Food Industries has given permission to launch the project, see. section 4, paragraph 4, however, the candidate in 2008 get approved expenses paid from 1 October 2007, see. section 4, paragraph 4.

3) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation,

4) expenditure on the purchase of land and buildings and costs connected therewith,

5) expenditure on the purchase of used or refurbished equipment

6) financial, audit, legal and banking costs, unless these are due to demands from undertaking-making authority,

7) costs for investments relating to Office and canteen,

8) expenditure on the purchase of vehicles for external transport, and

9) VAT, unless this definitively borne by undertaking gardens.





Chapter 6

Modification of the project and entry into commitments

§ 15. Modification of a project may be approved by the Directorate-General for Food Business on the condition that the change after the Directorate's assessment is in accordance with the purpose of the project. Application for amendment of a project must be approved by the Directorate before the change is implemented.

(2). Commitment amount cannot be increased in connection with changes in the project.

§ 16. Directorate-General for the Food Profession may on application allow, to another, which, according to section 1, paragraph 2, may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.

Chapter 7

Calculation of the grant

§ 17. Grants under this Ordinance shall be granted up to 100% of the actual costs.

(2). Part of the grant may be replaced by other public funds.

(3). At the announcement of the action areas can simultaneously declared by the reimbursement rate, it is expected that projects can be implemented.

(4). Through the establishment or restructuring of producer organisations may grant to you in section 10, paragraph 2, referred to actions shall be granted for a maximum period of three years following the date of recognition amount equal to:





1) 3 per cent in the first year, 2% in the second year and 1% in the third year of the value of the production marketed through the producer organization.

2) 60% in the first year, 40% in the second year and 20 percent in the third year of the administrative costs of the producer organisation.





(5). Through the implementation of plans for the improvement of the quality of producer organisations production can grant to the in section 10, paragraph 2, referred to projects granted by 60 per cent in the first year, 50 percent the second year and 40 per cent in the third year of the Organization shall bear the costs in connection with implementation of the plan.

Chapter 8

Payment of grants

§ 18. Payment of grants on the basis of the undertaking ' s statement of paid eligible project costs must be documented. Request for payment of the reimbursement shall be made on a special form and be accompanied by a declaration from a registered public accountant or certified public accountant. Forms and form to the auditor's statement are available by contacting the Directorate-General for the Food Profession or through the DG's website.

(2). The request for payment of grants must be submitted to the Directorate through the Fisheries Inspectorate or the on-the-spot food region.

(3). Grants may be paid in up to 3 instalments. The individual instalments must represent at least 20 per cent of the total amount of the undertaking.

(4). Request for final payment must be received by Directorate-General not later than three months after the project is completed. The Directorate may, in exceptional cases, grant a derogation from this deadline. Final withdrawal request must be accompanied by a project report.

(5). The grant is transferred to the undertaking's NemKonto.

Chapter 9

Obligation

§ 19. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, declare to the Directorate of Food Profession about whether conditions for 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, to give the Directorate notice of conditions that can result in cancellation of commitments or repayment of grants under section 20.

Chapter 10

Cancellation and refund of grants

§ 20. Commitment to tilskudbortfalder, if





1) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision,

2) undertaking his duties after fisheries development overrides Gardens section 11 (2)

3) undertaking gardens does not meet his obligation under section 19,

4) the project is not carried out in accordance with the approved application, or

5) conditions for reimbursement are not met.





(2). In the cases referred to in paragraph 1bylist shall take the Directorate of Food Business decision on repayment of grants. By statement of claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) provided the reference interest rate. Interest allowance, however, is at least 50 us $.

Chapter 11

Force majeure

§ 21. Directorate-General for the Food Profession recognizes the following events as force majeure:





1) Expropriation, if such could not be foreseen when the commitment period.

2) A severe natural disaster substantially affects the undertaking's activities.






(2). It is a condition for the recognition of force majeurei concrete cases that the occurred events prevents fulfilment of the obligations, in relation to which invoked force majeure, and that it committed no without disproportionate opofrelser could have secured themselves against this.

(3). The Directorate may, in exceptional cases, recognize other events such as force majeure than those referred to in paragraph 1.

§ 22. If undertaking gardens or his estate would to invoke force majeure, it shall be notified to the Directorate-General for 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 adequate documentation.

Chapter 12

Access to justice

§ 23. Decisions made by the Directorate-General for the Food Profession by virtue of this order can be appealed to the Minister of food, agriculture and fisheries.

(2). The complaint must be submitted through the Directorate. The complaint must be Directorate-General not later than 4 weeks after receipt of the decision, the appeal relates.

(3). The Directorate can resume a case after filed a complaint.

Chapter 13

Criminal provisions

§ 24. Pursuant to section 14, paragraph 1 of the Fisheries Development Act are punishable by fines, which the





1) shall give false or misleading information or conceals information relevant to decisions taken under the Act or the rules laid down in accordance with the law,

2) acts in contravention of the conditions set out in decisions taken under the Act or the rules laid down pursuant to the Act,

3) fails to deliver the documentation and the information to which the person is required to give under the law or regulations in accordance with the law,

4) shall give false or misleading information or conceals information, which the person concerned is obliged to give under the law or the rules laid down in accordance with the law,

5) fails to give access to business premises to the inspection authority, etc., etc., in accordance with article 11, paragraph 1, or

6) fails to deliver or submit material or to provide the inspection authority assistance after the Act § 11 paragraph 2.





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

Chapter 14

Entry into force of the

§ 25. Ordinance shall enter into force on 8 November. May 2008.

(2). Executive Order No. 10 of 12. January 2001 on a financial contribution to the promotion, collective measures and pilot projects, etc. in the fisheries sector is hereby repealed. The notice shall, however, remain applicable to undertakings which have been granted before the entry into force of the present publication.
Directorate-General for Food Industries, the 5. May 2008 his S. C/Steen Pawn