Decree On Subsidies For The Recovery Of Damaged Levees And Coastal Protection As A Result Of Storm Surge

Original Language Title: Bekendtgørelse om tilskud til genopretning af ødelagte diger og kystbeskyttelse som følge af stormflod

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=116584

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Administration

Chapter 3 eligible actions

Chapter 4 Conditions for reimbursement

Chapter 5 eligible project expenses

Chapter 6 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 the recovery of damaged levees and coastal protection as a result of storm surge

Under section 3 of the basic regulation. § 2, nr. 4, point (e), section 5, article 7, paragraph 4, article 11, paragraphs 1, 2 and 4, § 12, § 13 (1), and section 16, paragraph 2, of law No. 316 of 31. March 2007 on rural (rural code) be established under the authority:

Chapter 1

The scheme's content

§ 1. The Ministry for food, agriculture and fisheries, may, within a framework of 2 million. DKK promise grants for restoration of damaged levees and other coastal protection as a result of the storm surge.

(2). Commitments for grants can be given to private owners of the land, in which they referred to dikes and other coastal protection is located, and to the dike and kystbeskyttelseslaug.

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.

(2). The Minister of food, agriculture and Fisheries shall authorise negotiated with the Transport Minister Coastal Directorate to make recommendations about the decision on commitments on subsidies, setting for the payment of grants, as well as to conduct physical and accounting checks at the premises after this announcement, see tilsagnshavere. rural law § 11 (1) and (2).

§ 3. Directorate-General for Food Business shall carry out the checks referred to in this notice.

(2). Directorate-General for the Food Profession can conduct physical checks and the subsequent accounting control.

(3). The Danish plant Directorate can conduct physical checks and the subsequent accounting controls, see. section 5 of Decree No. 124 of 26. February 2008 on Danish plant Directorate functions and powers.

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

Grant application

§ 4. Grant application must be submitted on a special form, which can be obtained from Coastal Directorate, Directorate for Food industries or through the above-mentioned Directorate-General website.

§ 5. Grant application must be submitted to the coastal Directorate and be Coastal Directorate-General not later than the 6. June 2008.

Decision and prioritisation

§ 6. When the Directorate of Food Industries has received the grant application with an option on the decision on commitments for aid from Coastal Directorate, Directorate for Food Industries performs a legality, within the Directorate of Food Business shall decide on grant commitments.

(2). By giving priority to projects puts Coastal Directorate emphasis on coastal protection, the importance of the protection of





1) population in the area,

2.) buildings and infrastructure in the area,

3) nature and environment and

4) recreational use of nature, including securing access to and along the coast.





(3). If the application can be accepted, provide the Directorate of Food Business commitments for grants.

Chapter 3

Eligible projects

§ 7. Eligible for grants to repair damage on dikes and other coastal protection as a result of the storm surge. Grants shall be granted only for the repair of damage and not for gain or reinforcement of dikes and other coastal protection.

(2). The damage to be repaired, it must be a result of a storm surge in an area designated by the Council as the storm hit the Storm within the period 1. November 2006 to 31 December 2006. March 2007.

(3). The project must have a significant environmental improvement content.

Chapter 4

Conditions for grant

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





1) that the necessary authorisations from public authorities is achieved,

2) the existence of the necessary permission for coast Protection Act to the coastal protection, to be rectified,

3) that the applicant shall deliver the information Directorate and Directorate of Coastal Food Business requests for use of the procedure,

4) to the planned improvements are implemented in the 15. October 2008, unless otherwise stated in the undertaking,

5) that it is undertaking gardens, which implements the project,

6) that it can be demonstrated that the project is completed,

7) that undertaking gardens submit cash out request and project report in a timely manner to the coastal Directorate, see. Article 12, paragraph 2,

8) to investments, which include financial support, maintained for a minimum period of 5 years from the date on which the commitment of the grants is given,

9) that the withdrawal request with associated original accounting documents shall be kept available for at least 5 years from the date of payment, and

10) that undertaking gardens ensures that the supervisory authority has access to the project area in connection with the control.





(2). Directorate-General for the Food Profession stipulates 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). Directorate-General for Food Industries can in the undertaking, establish additional conditions for the grant.

Chapter 5

Eligible project costs

§ 9. Be granted to investments that are necessary for the implementation of the project.

(2). Grants may not be awarded to the following:





1) expenditure incurred by the undertaking has paid before 1 May 2004. January 2007.

2) value of own and employees ' work. There may, however, be granted reimbursement for salary, if there is a specific project contract of employment for each employee.

3) expenditure given other EU grants.

4) financial, audit, legal and banking costs, unless these are due to demands from undertaking contracting.

5) Vat, unless this definitively borne by undertaking gardens.





Chapter 6

Entry into commitments

§ 10. Directorate-General for the Food Profession may on application allow, to another, which, according to § 1 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

§ 11. In accordance with this Ordinance is granted a subsidy of up to 1/3 of the eligible costs, to a maximum of 0.5 mio. DKK per project.

Chapter 8

Payment of grants

§ 12. Payment of reimbursement is effected 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 and a project report. Form and form to the auditor's statement are available by contacting the Coast Directorate-General, Directorate-General for the Food Profession or through the above-mentioned Directorate-General website.

(2). Withdrawal request and project report must be received in Coastal Directorate no later than 1 month after the project is completed, but not later than 1 month after receipt of the applicant's commitments on subsidies, if that date is later. Directorate-General for Food Industries can in special cases, grant a derogation from the time limit specified.

(3). Coastal Directorate shall issue recommendations to the Directorate-General for Food Business for payment of grants.

(4). Directorate-General for Food Business transfers the financial contribution for the undertaking's NemKonto.

Chapter 9

Obligation

§ 13. 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 in writing to give the Directorate of Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 14.

Chapter 10

Cancellation and refund of grants

§ 14. The commitment of grant shall lapse if





1) conditions under which grants are not fulfilled,

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

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

4) undertaking his duties after rural overrides Gardens section 11, paragraph 2, or

5) undertaking gardens do not comply with its obligation under section 13.






(2). In the cases referred to in paragraph 1 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) fixed the reference rate plus. Interest allowance, however, is at least 50 us $.

Chapter 11

Force majeure

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





1) Undertaking's death.

2) Expropriation, if any such expropriation could not be foreseen at the time of the undertaking's receipt of the undertaking.

3) A severe natural disaster substantially affects the areas covered by the project.





(2). It is a condition for the recognition of force majeure in the case that the instances of events prevents fulfilment of the obligations arising, in respect of which invoked force majeure, and that it committed no without disproportionate opofrelser could have secured themselves against this.

(3). Directorate-General for Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.

(4). 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

§ 16. Decisions taken by the Directorate-General for the Food Profession by virtue of this Ordinance, may be appealed to the Minister of food, agriculture and fisheries, see. However, paragraph 4.

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

(3). Directorate-General for Food Business can reopen a case after the complaint has been lodged.

(4). Decisions taken by the Directorate-General for the Food Profession on the basis of a recommendation from the Coastal Directorate, can only be appealed with respect to legal issues.

Chapter 13

Criminal provisions

§ 17. After rural § 14 is punishable by a fine, 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) acting in contravention of the conditions set out in a decision taken in accordance with the law or the rules laid down in accordance with the law,

3) fails to deliver the documentation and the information to which the person is required to give under the law or the rules laid down 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 the Inspector access to the company, etc. in accordance with § 11 (1), or

6) fails to disclose 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

§ 18. The notice shall enter into force on 25 July. April 2008.
Directorate-General for Food Industries, the 22. April 2008 Aren't b. Jackson/Steen Pawn