Order On It Currently Stands For Investments In Fishing Ports And Landing Sites

Original Language Title: Order on subsidies for investments in fishing ports and landing sites

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115859

Overview (table of contents) Chapter 1 of scheme contents Chapter 2 Administration Chapter 3 Eligible actions Chapter 4 Conditions for grant's Chapter 5 Eligible project expenses Chapter 6 Changing the project and joined the commitments Chapter 7 Calculation of grant's Chapter 8 Payment of grant's Chapter 9 Duty two notify Chapter 10 Lapse and repayment of grant's Chapter 11 Force majeure Chapter 12 Appeals Chapter 13 Penalties Section 14 Commencement The full text of the Notice of it currently stands for investments in fishing ports and landing sites in accordance with § 3, see. § 2. 1, no. 3, points (c), section 5, section 6, paragraph. 2, § 7, paragraph. 4, § 11 paragraph. 1, 2 and 4, section 12 and section 13 paragraph. 1 of Law No. 1552 of 20 December 2006 on the development of fisheries and aquaculture (fisheries development law) the following authorization: Chapter 1 scheme content section 1. The Ministry of Food, Agriculture and Fisheries within the allocated grants for projects involving investments pledging frames in existing fishing ports and landing sites. PCS. 2. Approval of grants can be given to applicants who carry out projects that are of collective interest of the fishermen or aquaculture producers using a port or landing. PCS. 3. Approval of a subsidy for investments in landing sites, can only be granted on landing sites designated by the Directorate for Food. The landing sites on the list of the Directorate's guidance on the subsidy. Chapter 2 Administration Authorities and control section 2. The Ministry of Food, Agriculture and Fisheries to the Directorate for Food, acting in accordance with this Order. § 3. Directorate for Food shall carry out checks under this Order. PCS. 2. Directorate for Food is responsible for the physical checks and the subsequent accounting controls. PCS. 3. the Directorate of Fisheries and Food Administration can be under the authority entrust the physical checks and the subsequent accounting controls. PCS. 4. For the purpose of control seek information from other authorities as appropriate. Applications for grants section 4. Applications for grants must be made on a special application form obtained from the Directorate for Food, or via the Directorate's website. Applications for grants must be submitted in duplicate to the Directorate through the local fisheries inspectorate. If the investment includes facilities for handling or storage of fishery products, applications must be submitted through the local food region. PCS. 2. The application must be received respectively in the local fisheries inspectorate or the local food region by 31 January and 31 July. In 2008, the application shall be received by the 16 May and 16 September. PCS. 3. In cases where the last day of the deadline under the subsection. 2 is a Saturday, Sunday, Monday or a public holiday, the deadline expires on the second day (Saturday excluded) that follows. PCS. 4. When the directorate receives the application, acknowledge Directorate of receipt and in doing so give the permission to start the project. For projects that are initiated in the period from 1 October 2007 two 29 March 2008, may grant application submitted by 16 May 2008. Priorities and Decision section 5. Grant applications received by the deadline and meeting the conditions for financial contribution subject. Chapter 3-5, communicated commitment by prioritizing on the basis of the projects ' action and expected effects in the following order of decreasing importance: 1) Landing, handling, temporary storage, transport and unloading of seafood, including measures to reduce disc's. 2) Establishment, improvement and protection of the cold chain, quality and auctions. 3) computer equipment and software for the computerized management of fishing activities. 4) catch action upon landing, including sorting and treatment plants. 5) Environmental improvements, including improved waste and wastewater management. 6) Improving the working environment. 7) Safety. 8) crate cleaning systems, tool shed. 9) supply of vessels with fuel, ice, water and electricity supply. PCS. 2. Directorate for Food may be ahead of a round of applications appointment special themes within the Order area which will form the basis for the prioritization of the application round. § 6. Directorate for Food may use this year's allocation in one application period or distribute it on the two application periods. PCS. 2. If the application can be approved, the Directorate promised a grant. PCS. 3. There may be full or partial refusal of applications with regard to the priorities of the economic framework, which is reserved for the system. PCS. 4. Applications which can not be met solely as a result of that, for the period deposed frame is used up, transferred once more on the next application period. The requests are transferred to an application on an equal footing, prioritized period with other applications that are received within the application period. § 7. After discussion by the Monitoring Committee for the program for the use of the European Fisheries Fund in Denmark, the Directorate for Food, possibly an advisory committee. The advisory committee will assist the Directorate of assessments in accordance with section 5. Chapter 3 Eligible projects § 8. Approval of grants can be given to applicants where it can be demonstrated that the project results meet one or more of the following requirements: 1) The project entails a structural adjustment of fishing port which is essential for the development of their area or vital to the port can maintain or increase the landing of fish landing value or quality. The project must be appropriate in relation to the Commission of services to the fishing fleet in the regional context. 2) The project results in a significant improvement of landed fish classification for quality or value per share. unit. 3) The project involves an increase of the value or volume of fish landed. 4) The project involves the improvement of the working environment or the safety of employees working on unloading and sale of fish in the harbor. 5) The project concerns a service improvement for fishermen and fishing vessels using the port. PCS. 2. If only part of the project is crucial in the first paragraph. 2 mentioned results, the grant contribution only to this part of the project. PCS. 3. In applications for environmental investments, the technique involved in the project, to be the best available technology (BAT), see. The Environmental Protection Act, § 3. Chapter 4 Conditions for reimbursement section 9. It is a condition of funding for a project 1) to the total eligible project cost amounts to two least 100.000 DKK, 2) the necessary permits from government authorities is obtained, 3) the applicant shall provide the information Directorate for Food, requests for the use of the procedure, 4) that the project is completed senestpå the hour specified in the application, but no later than 18 months. After the commitment date, unless the Directorate grant an exemption from, 5) that the commitment keeps submitting final payment requests and project report on time, see. § 18 paragraph. 4, 6) to the project and the investments which have received it currently stands maintained by the commitment holder for a period of five years from the date that the least of the final payment of it currently stands, and 7) the payment request and the original records are kept available up to 31 December 2021st PCS. 2. shall lay down in the undertaking detailed conditions on the undertaking's bond two inform the public financing of the project and two publish information about the project to the undertaking's website or relevant newspapers and magazines. PCS. 3. The commitment keeps ice required two submit a report on the project's effects 2 and 5 years after final payment of it currently stands. The commitment, the information to be provided in the reports. § 10. It is also a condition of the grant, the applicant can demonstrate the technical and economic viability of the fishing port and the project after the project is completed. In assessing the economic viability included the following: 1) In the port of last financial year have positive equity, or who has been given a going concern qualification. 2) In the port of the previous three financial years have hatred positive financial results after tax. 3) Information on the port's turnover in the past three years. 4) Expected and future market conditions, market prospects and earnings. § 11. When applying for grants, it is a condition of funding that the applicant submit a development plan for the fishing port, which is based on future needs and the expected development of Danish fishing ports. Chapter 5 Eligible project costs section 12. It currently stands may be granted for investments in fishing ports in existing fishing ports and landing sites, provided the investments are intended to improve the services offered in connection with fishing or aquaculture vessels use of the fishing port or landing or the landing, sales and storage concerns of fishery and aquaculture products in connection with the first stage, including the auction. § 13. Eligible expenses may include 1) the costs of investment in the company, 2) expenses for architectural and engineering fees and other costs related to planning, with a maximum of 10 per cent. of the total eligible costs, 3) cost of certification of expenses paid, 4) the cost of project reporting and 5) other expenses incurred by the Directorate for Food judge to be necessary two implement the investment project. § 14. Eligible expenses may not include 1) expenses, which are subsidized by other legislation, 2) expenses that commitment keeps paid within the Directorate for Food has given permission two launch the project provided. § 4, paragraph. 4. In 2008, the applicant may obtain approval for expenses paid from 1 October 2007, 3) expenditure on activities that commitment keeps ice obliged grant two carry out under other legislation, 4) the purchase of land and buildings and related costs, 5) the purchase of used or refurbished equipment, 6) financing, auditing, legal services and banking costs, unless these are due to demands from the commitment authority, 7) costs for investments in the office and canteen, 8) expenses purchase of vehicles for external transport, 9) VAT unless it definitively borne by the commitment holder, 10) the value of their own work, and 11) leasing and rental. Chapter 6 Changing the project and joined the commitments section 15. Amendment of a project can be approved by the Directorate for Food, on the condition that the amendment by the Directorate assessment is consistent with the purposes of the project. An application for amendment of a project must be approved by the Directorate before the change is implemented. PCS. 2. Commitment amount can not be raised in connection with changes in the project. § 16. Directorate for Food may, upon application, to another, according to § 1. 2, can be committed gardens, joins a commitment of funding. Whoever joins the commitment, enters the rights and bond under the commitment. Chapter 7 Grant calculation section 17. For investment in fishing ports may receive grants under this Order with the following rates: 1) public and semi public facilities may be subsidized up to 50 per cent. of the eligible costs. The project will be financed with public funds to the least equal to the grant under this Order. 2) public and semi public facilities owned by a private port, will receive funding of up to 50 per cent. of the eligible costs. 3) Investments in other than the public or semi-public facilities can be supported with grants of 30 per cent. PCS. 2. Directorate for Food decides whether an investment is public or semi-public. PCS. 3. Within the framework of the paragraph. 1 above and after discussion in the monitoring committee for the program for the use of the European Fisheries Fund in Denmark, the grant rate for each round of applications is adjusted according to the authorization framework for the scheme. Chapter 8 Payment of it currently stands, section 18. Payment of funding is based on the undertaking's list of eligible project receipted costs must be documented. Request for payment of it currently stands should be made on a special form and accompanied by an auditor's certificate from a registered or chartered accountant. Forms and form to the auditor's statement obtained from the Directorate for Food, or via the Directorate's website. PCS. 2. The request for payment of grants must be submitted to the Directorate via the local fisheries inspectorate or the local food region. PCS. 3. Grants may be paid in up to three installments. Each installment must be the least 20 per cent. of the total amount of commitments. PCS. 4. Request for final payment must be the local fisheries inspectorate or the local food region within three months after the project is completed. Administration may in special cases grant exemption from this deadline. Final payment request must be accompanied by a project report. PCS. 5. The grant is transferred two of the undertaking ' s NemKonto. Chapter 9 Notification Bond section 19. The commitment holder shall, throughout the period when the conditions of the grant must be met, to the request declare the Directorate of Food whether the conditions for it currently stands continue to be met. PCS. 2. The commitment keeps ice cream in the period when the conditions of the grant must be obliged grant without undue delay to give the met Directorate message about conditions that could void the commitments or repayment of grant in accordance with section 20. Chapter 10 Loss and recovery of aid § 20. Confirmation of it currently stands, NS 1) the commitment holder has provided false or misleading information or failed to disclose information relevant to the decision, 2) commitment keeps fails fulfill its two bond under the Fisheries Development Act § 11 paragraph. 2, 3) commitment keeps does not fulfill its notification bond under section 19, 4) the project is not carried out in accordance with the approved application or 5) the conditions of the grant are not met. PCS. 2. In accordance with paragraph. One case referred to the Directorate for Food, the reimbursement of the grant. The calculation of the repayment attributed two interest rates of ice. The interest rate premium calculated from the date of notification of the repayment obligation two repay happens with the Act on Interest on Overdue Payments Act (Interest Act) fixed the reference rate. The interest rate spread represents to least 50 USD Chapter 11 Force majeure § 21. Directorate for Food recognizes the following events as force majeure: 1) Expropriation, if not foreseeable at the time of application. 2) A severe natural disaster gravely affecting the undertaking's business. PCS. 2. It is a condition for the recognition of force majeurei case that the events have occurred that prevent compliance with the bond in relation to the force majeure is invoked, and that the commitment is not without disproportionate sacrifices could have secured against it. PCS. 3. The Office may, in exceptional circumstances, recognize other events as force majeure than those referred in paragraph two. 1. section 22. If the commitment holder wishes two invoke force majeure shall be notified in writing of the Food Directorate, within 10 working days after the date when the commitment holder is able to do it. The notification must be accompanied by adequate documentation. Chapter 12 Complaints section 23. Decisions taken by the Directorate of Food under this Order may be appealed to the Minister of Food, Agriculture and Fisheries. PCS. 2. The complaint shall be submitted through the Directorate for Food. The complaint must reach the Directorate no later than four weeks after receipt of the decision two appeal. PCS. 3. The Office may reopen a case after the complaint has been filed. Chapter 13 Penalties section 24. § 14 paragraph. 1, the Fisheries Development Act is punishable by a fine on anyone who provides incorrect or misleading information 1) or withhold information relevant two decisions taken under the Act or pursuant to two statutory regulations, 2) acts contrary to the conditions laid down in decisions taken under the Act or under the Act established for rules, 3) fails two submit the documents and information that are required in accordance with the Act, disclose two or regulations pursuant to the Act , 4) deliver false or misleading information or disclose information that the person fails two has an obligation to give under the law or the rules laid down under the Act. on such matters, 5) fails to provide the control authority, etc., access to services, etc in accordance with § 11. paragraph. 1, or 6) fails to provide or submit materials or to provide the control authority assistance in accordance with § 11 paragraph. 2nd PCS. 2. There may be imposed on companies etc. (legal person) under the rules of the Penal Code Chapter 5. Chapter 14 Entry into force § 25. Executive Order shall enter into force on 29 March 2008. Subsection. 2. Order No. 481 of 2 June 2006 on it currently stands for investments in fishing ports repealed. The notice shall continue to apply for grant applications submitted before 1 October 2007. The Directorate for Food, March 27, 2008 aren't b. Jackson/Steen Pawn