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Decree On Subsidies For Projects Relating To The Processing And Marketing Of Fish, Fishery And Aquaculture Products

Original Language Title: Bekendtgørelse om tilskud til projekter vedrørende forarbejdning og afsætning af fisk, fiskerivarer og akvakulturprodukter

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Table of Contents

Chapter 1 Content of the scheme

Chapter 2 Definitions

Chapter 3 Management and control

Chapter 4 Eligible projects

Chapter 5 Conditions for grants

Chapter 6 Eligible Project Expense

Chapter 7 Amendment of the project and entry into commitments

Chapter 8 Calculation of grants

Chapter 9 Payment of grants

Chapter 10 Notify obligations

Chapter 11 Disposal and repayment of grants

Chapter 12 Force majeure

Chapter 13 Appeal access

Chapter 13 Penalty provisions

Chapter 15 Entry into force

Publication of grants for projects relating to the processing and marketing of fish, fishery and aquaculture products

In accordance with section 3, cf. Section 2 (2). 1, no. 2 (c) 2 (d, section 5, section 6 (4), 2, section 7 (4). 4, section 11, paragraph 1. 1, 2 and 4, section 12, and 13 (3). 1, in Law No 1. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be adopted according to the authority :

Chapter 1

Content of the scheme

§ 1. The Ministry of Food, Agriculture and Fisheries may provide a commitment to projects covering investments in processing and marketing of fish, fishery and aquaculture products within the framework of the marketing framework.

Paragraph 2. Commitment of grants may be granted to undertakings working and desetting fish, fishery and aquaculture products and which implement projects intended for purpose ;

1) to promote the development of the environment and economic sustainable development and to contribute to the production and placing on the market of fish, fishery and aquaculture products of high quality ; or

2) promote the development and modernisation of the undertaking and the adjustment to the changing and market conditions of the supply and market.

Chapter 2

Definitions

§ 2. Micro-enterprises and small and medium-sized enterprises shall be defined in accordance with the Commission ' s recommendation (EC) No, 361/2003 of 6. May 2003.

Chapter 3

Management and control

Agencies

§ 3. The Ministry of Food, Agriculture and Fisheries at the Executive Board of the Food Safety Board shall take a decision in accordance with this notice.

§ 4. The Executive Board of the Food Industry shall carry out checks on this notice.

Paragraph 2. The Executive Board of the Food Safety shall be responsible for the physical checks and the subsequent accounting checks.

Paragraph 3. The FDA may, by the authority, carry out the physical checks and the subsequent financial control.

Paragraph 4. The checks shall be obtained for the purpose of the checks provided by other authorities as necessary.

Applications for grants

§ 5. Applications for grants must be made out in a special application form which is available when it comes to the Executive Board of the Food Authority or via the Directorate-General for the Directorate. Applications for grants must be submitted in two copies to the Directorate-General through the site of the place of food.

Paragraph 2. An application must be received in the Stepborn of the Stepborn Regime by the 31. January and 31. July. However, in 2008, the application must be received by the 161 respectively. May and the 16th. September.

Paragraph 3. In the case of the last day of the application for the period referred to in paragraph 1. 2 is a Saturday, Sunday, Monday or a national holiday, the application deadline expires the second weekday (Saturday not counting) that follows thereafter.

Paragraph 4. When the directorate receives the application, the Directorate shall be given receipt of the application and may, in connection with this, permit the implementation of the project. For projects that have been started in the period from 1. October 2007 to the 29th. In March 2008, applications for grants can be submitted to the site-born-born-born-child before the 16th. May 2008.

Paragraph 5. Notwithstanding the provisions of paragraph 1 4 may, for projects relating to the removal of harmful substances from fishery products, from fish products, which have been initiated in the period from 1. January 2007 to the 29th. March 2008, applications are submitted before the 16th. May 2008.

Prioritizing and decision

§ 6. Applications for grants received before the expiry of the application period and which meet the conditions for grants, cf. Chapters 4 and 5 shall be granted a priority given the priority given to the areas of action and expected effects, taking into account the following considerations :

1) Manufacture of high quality products for niche markets, as well as the production of new products.

2) Quality products and diversity in the supply of congreiors.

3) Projects carried out by micro-and small businesses.

4) Improved work environment.

5) Quality management and quality assurance.

6) New production technology and production processes.

7) Higher value added.

8) Improved crude material exploitation, including in the composition of the raw material.

9) Use of local landings.

§ 7. The Executive Board of the Food Business Authority may apply the year of the year for one application period or distribute it to the two application periods.

Paragraph 2. If the application can be accommodated, the Board shall provide a financial contribution to the Agency.

Paragraph 3. Applications shall be made in full or in part to a reference to a priority given to the financial framework set aside for the scheme.

Paragraph 4. Applications which cannot be met by themselves as a result of the period of the application of the application period shall be transferred once to the second subsequent application. The applications submitted for a period of application shall be given priority on equal terms with other applications received during the application period.

§ 8. After discussion in the Monitoring Committee for the Application of the European Fisheries Fund in Denmark, the Executive Board of the Food Safety Board may set up an advisory committee. The Advisory Committee shall assist the Directorate-General with the assessment of section 6.

Chapter 4

Eligible projects

§ 9. Commitment of grants may be granted to undertakings carrying out projects where it can be demonstrated that the project will result in one or more of the following results :

1) Increment of the added value increment in the company at least 20%.

2) A production increment in the company of at least 20%.

3) A quality improvement that results in higher value per year. produced unit of at least 10%.

4) The use of species and by-products, which are not intended for human consumption.

5) A reduced environmental impact.

6) New technology or innovative production methods.

7) Essential improvement in hygiene, working environment or security.

8) Removing health-harmful substances from fish products.

Paragraph 2. If only a part of the project relates to those referred to in paragraph 1. 1 above results, the grant shall be granted only to this part of the project.

Paragraph 3. In applications for environmental investments, the technology that is part of the project must be the best available technique (BAT), cf. Protection of the environmental protection law.

Chapter 5

Conditions for grants

§ 10. It is a condition of grants to the project,

1) the total amount of eligible expenditure on the project shall be at least 200 000 cranes ;,

2) that the necessary authorisations from public authorities are to be achieved, including environmental approval under the protection of the environmental protection law,

3) the applicant shall provide the information requested by the Executive Board of the Food Industry for the purposes of the proceedings,

4) the project ends at the time indicated on the application, but not later than 18 months. after the date of the day, unless the directorate shall grant a derogation from it,

5) the tiller holder shall submit final payment request and the project report in good time, cf. Section 19 (1). 4,

6) the project and the investments to which aid has been awarded are maintained by the tilt holder for a period of not less than five years from the date of final payment of grants, and

7) the payment application and original accounting documents shall be kept available until 31. December 2021.

Paragraph 2. The Directorate-Board shall lay down in the defendant ' s obligation to provide information on the public co-financing of the project and to publish information on the project on the Savershaw's home page or in relevant journals and journals.

Paragraph 3. The Present Sea shall be obliged to submit a report on the project ' s effects 2 and 5 years after the closing down payment of grants. The case shall be determined the information to be given in the reports.

§ 11. It is also a condition of grants that the applicant can demonstrate technical and economic viability for the company and the project after the project has been completed. The evaluation of economic viability shall include :

1) Whether the company in the last financial year has a positive self-capital, or there is going to be subject to reservations.

2) Whether the company in the previous three financial years has had positive accounting results after taxes.

3) Information about the production and marketing of the company for the last three years.

4) Expected and future outlets, market prospects and earnings.

5) Assessment of raw material supply as a basis for the current and future supply conditions.

Paragraph 2. In the context of start-ups companies, the economic viability of the company according to guidelines has been determined by the Executive Board of the Food Safety Board.

§ 12. The Executive Board of the Food Business Authority may lay down additional conditions for grants.

§ 13. Supplements may only be granted to undertakings with fewer than 750 employees or with a turnover of less than EUR 200 million. In determining whether the company meets this condition, account shall be taken of its possible affinity to a group in the same way as in the European Commission ' s recommendation on the definition of micro-enterprises, small and medium-sized enterprises, cf. § 2.

Chapter 6

Eligible Project Expense

§ 14. Eligible expenditure may include :

1) costs of investment in the undertaking ;

2) expenditure for architectural and engineering fees and other costs for the design ;

3) costs to the attestation of paid expenses ;

4) project reporting costs ; and

5) other expenditure incurred by the Executive Board of the Food Industry to be required to complete the investment project.

Paragraph 2. Deposits to investments may be granted only if the investment relates to fishery and aquaculture products intended to be used and processed for human consumption unless the investment relates solely to treatment, processing and marketing ; of waste from fish and fishery products, or they relate to the elimination of dioxin or other harmful substances.

§ 15. The eligible expenditure may not include :

1) investment in retail investment ;

2) expenditure to be provided under other legislation ;

3) the costs incurred by the FSA before the Executive Board of the Food Business Authority have been granted permission to implement the project, cf. Section 5 (5). 4. However, in 2008, the applicant may have approved expenditure which has been paid from 1 October 2007, cf. Section 5 (5). 4, or the removal of health-hazardous substances from fish farming, cf. Section 5 (5). 4

4) expenditure relating to activities to which the saver is required to carry out in accordance with other legislation ;

5) costs for the purchase of land and buildings and costs associated with it ;

6) expenditure on the purchase of used or renovation equipment ;

7) financial, auditing, legal and monetary costs, unless these are due to the requirements of the forsading authority,

8) investments relating to the office and canteen investments,

9) expenditure on the purchase of vehicles for external transport ;

10) VAT unless this final beaker is finally worn by the saver shaver,

11) the value of its own work and

12) leasing and rental costs.

Chapter 7

Amendment of the project and entry into commitments

§ 16. Amendment of an approved project may be approved by the Executive Board of the Food Safety Board on condition that the change according to the Assessment of the Agency may be in accordance with the project ' s purpose. The application for a change to a project must be approved by the directorate before the change takes place.

Paragraph 2. The amount of the amount may not be increased in connection with changes to the project.

§ 17. The Executive Board of the Food Safety Board may, upon request, permit another person who, according to section 1 (2), may be authorised. 2 may be a Pressure Shaver shall enter a pledge of grants. The entry into the defendant shall enter into rights and obligations in accordance with the case.

Chapter 8

Calculation of grants

§ 18. Deposits after this notice shall be awarded with the following rates :

1) For micro-enterprises and small and medium-sized enterprises, the subsidy may amount to up to 30%. for the eligible expenditure.

2) For other firms, the subsidy may amount to up to 20%. for the eligible expenditure.

Paragraph 2. Within the framework of the provisions referred to in paragraph 1. Paragraph 1 and after discussion in the Monitoring Committee for the Application of the European Fisheries Fund in Denmark may be adjusted in respect of each application round to be adjusted in the light of the appropriation framework for the scheme.

Chapter 9

Payment of grants

§ 19. The payment of grants shall be made on the basis of the account of the attributable to the eligible project expenditure to be documented. The grant of payment of grants must be carried out on a special schema and shall be accompanied by an auditor declaration by a registered or certified auditor. The form and form of the auditor declaration shall be obtained by contacting the Executive Board of the Food Erstice or the Directorate-General for the Executive Board.

Paragraph 2. The request for payment of grants must be submitted to the Directorate-General by means of the site-food-food.

Paragraph 3. Deposits may be paid up to three installments. Each installments shall be at least 20%. of the total amount of the total amount.

Paragraph 4. The end-down payment request must be the step-bearing food registration in the event within three months after the completion of the project. The Directorate may, in exceptional cases, grant a derogation from that date. Final payment request must be attached to a projection report.

Paragraph 5. The subsidy is transferred to the tilsagnshavers NemKonto.

Chapter 10

Notify obligations

20. The onset of Tilsagnshaves shall, throughout the period when the conditions for grants are to be met, shall make a declaration to the Executive Board of the Authority on whether the conditions for grants are still to be met.

Paragraph 2. In the case of Tilsagnshaves, the conditions under which the conditions of grants are to be fulfilled shall be obliged without undue delay to give the Directorate a notice of circumstances which may result in a withdrawal of a subsidy or refund of grants after section 21.

Chapter 11

Disposal and repayment of grants

§ 21. Deferred Offer Commitment, if

1) the tilt shall have provided false or misleading information or have kept information of significance for the decision of the case,

2) tillies shall override his duties according to section 11 (1) of the Fisheries Development Act. 2,

3) the tilt shall not comply with its obligation to be required under Section 20,

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

5) the conditions for grants have not been met.

Paragraph 2. In the paragraphs in paragraph 1. The said case, the Directorate of the Food Safety Board shall take a decision on repayment of grants. The interest shall be added to the payment of the payment claims. The interest rate supplement shall be calculated from the time the payment is made of the refund for reimbursement, and in the interest rate of late payment, etc. (Interest) set the reference rate. However, the interest rates shall be at least 50 kr.

Chapter 12

Force majeure

§ 22. The Executive Board of the Food Business Authority recognises the following events as force majeure :

1) Expropriation if such an application could not be previewed at the time of the application.

2) The Tilsagna's death.

3) A serious natural disaster, which substantially affects the activity of the achavera.

Paragraph 2. It is a condition of the recognition of force majeurei specific cases that the events impede the fulfilment of the obligations under which force majeure is invoked and that it did not undergo disproportionate circumstances ; ophes could have secured the opposition.

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

-23. If the tilaves or his death wishes wish to claim force majeure, this shall be communicated to the Executive Board of the Food Authority within 10 working days after the date of the grant or its death estate is able to do so. The notification shall be accompanied by adequate documentation material.

Chapter 13

Appeal access

§ 24. Decisions made by the Executive Board of the Food Safety Board after this notice may be subject to the minister of food, agriculture and fisheries.

Paragraph 2. The complaint shall be submitted by the Executive Board of the Food Industry, the class shall be the directorate of the directorate within four weeks of the receipt of the decision to which the complaint relates.

Paragraph 3. The Directorate may resume a case after a complaint has been lodged.

Chapter 13

Penalty provisions

§ 25. After paragraph 14, paragraph 1. 1, in the fisheries development law, the penalty shall be punished by fine ;

1) provide false or misleading information or information of the significance of decisions taken under the law or under the rules laid down by the law,

2) acts in breach of conditions laid down in decisions taken under the law or under the rules laid down in the law,

3) failing to provide the documentation and information which the person concerned has a duty to grant under the law or by rules under the law,

4) provide false or misleading information or information which the person concerned has a duty to give in accordance with the law or rules laid down by the law. on such matters ;

5) fail to grant the inspection authority, etc. access to the establishment, etc., in accordance with the provisions of Article 11 of the law. 1, or

6) fail to deliver or submit material or to provide the control authority as provided for in Article 11 (1) of the law. 2.

Paragraph 2. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 15

Entry into force

SECTION 26. Publication will enter into force on the 29th. March 2008.

Paragraph 2. Publication no. 830 of 20. July 2006 on grants for investments relating to the processing, storage and marketing of fish and fishery products are hereby repealed. However, the decision shall continue to apply to applications for grants submitted before the 1. October 2007.

The Directorate for Food Business, the 27th. March 2008 Arentb, Josefsen / Steen Bonde