Executive Order On Supplements To Encourage The Production And Marketing Of Quality Food

Original Language Title: Bekendtgørelse om tilskud til fremme af produktion og afsætning af kvalitetsfødevarer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115036

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Definitions

Chapter 3 Administration

Chapter 4 General conditions for grant

Chapter 5 Information and marketing

Chapter 6 Establishment of travel teams

Chapter 7 investments in agricultural holdings in new technology

Chapter 8 amendment of the project and entry into commitments

Chapter 9 the payment of grants

Chapter 10 obligation

Chapter 11 cancellation and refund of grants

Chapter 12 Force majeure

Chapter 13 appeal

Chapter 14 penalties

Chapter 15 entry into force of The full text of the Executive order on supplements to encourage the production and marketing of quality food

Under section 3 of the basic regulation. section 2, paragraph 1, no. 1, (a) (ii). 2 (a) (ii). 3 (c), section 5, article 7, paragraph 4. section 11, paragraph 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. Ministry of food, agriculture and fisheries within the deposed frameworks promise grants to encourage the production and marketing of quality food, in the following areas:





1) Information and promotion of quality food produced under one of the arrangements referred to in paragraph 2.

2) establishment of the travel team, who can advise on the knowledge to produce and sell quality food under one of the arrangements referred to in paragraph 2.

investments in agricultural holdings 3) Growers in new technologies with the aim of producing quality food under one of the arrangements referred to in paragraph 2.





(2). Schemes relating to the production of quality food schemes under one of the following regulations:





1) Council Regulation (EEC) No 2377/90. 2092/1991 of 24. June 1991 on organic production of agricultural products and methods concerning the indication thereof on agricultural products and foodstuffs.

2) Council Regulation (EC) No 1782/2003. 510/2006 of 20. September 2006 on protected designations of origin and geographical indications for agricultural products and foodstuffs.





Chapter 2

Definitions

§ 2. By producer groups for the purposes of this Ordinance, any organization that is established in order to promote the production and marketing of products produced under one of the in section 1, paragraph 2, referred to schemes and consisting of at least two manufacturers that produce under one of those schemes.

Chapter 3

Administration

Authorities and control

§ 3. ForFødevarer, Ministry of agriculture and fisheries at the Directorate-General for the Food Profession acting under this Ordinance.

(2). The Directorate carries out checks in connection with the Administration after this announcement.

(3). The Directorate carries out the physical checks and the subsequent accounting control.

(4). The Danish plant Directorate may, in accordance with the authority responsible for the physical checks and the subsequent accounting control.

(5). 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 the Directorate of Food Business or through the DG's website.

(2). The Directorate acknowledges receipt and can in this context give permission to launch the project.

(3). The Directorate can use this year's appropriation in one or two application periods within a fiscal year.

(4). Application may be submitted





1) from the 2. January and the Directorate must be not later than 31 December 2006. January, see. However, paragraph 5, and

2) from the 1. July and the Directorate must be not later than 31 December 2006. July.





(5). In 2008 can be submitted from the application 3. March, and the Directorate must be not later than 31 December 2006. March.

Prioritization and decision

§ 5. Decisions on commitments for grants after the chapters 5, 6 and 7 shall be taken on the basis of a priority of applications on the basis of, among other things. an evaluation of the expected effects in relation to participate in any of the operations in section 1, paragraph 2, referred to schemes, development of new products, the promotion of awareness and the marketing of quality food produced under one of those schemes, the total expenditure and the coherence of the planned activities and budget.

(2). By prioritizing the applications can also be emphasis on whether the projects included in the context of local initiatives, including projects nominated by local action groups.

(3). Directorate-General for the Food Profession may allocate the annual marketed frames between projects after chapter 5, 6 and 7.

(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.

(5). At the first round of applications in 2008 can be applied for and granted for project expenses that are paid in 2007.

Chapter 4

General conditions for grant

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





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

2) that the applicant shall deliver the information Directorate of the food Profession requests for use of the procedure,

3) that the project be terminated no later than two years after the date of the undertaking, unless the Directorate shall notify a derogation from here,

4) that the undertaking submitting final withdrawal request in a timely manner to the gardens Directorate, see. Article 21, paragraph 2,

5) to the project and the investments which have been granted subsidies maintained by undertaking gardens for a period of at least five years from the date on which the commitment of the subsidy has been granted, and

6) that undertaking gardens for at least 5 years from the date of payment kept by the withdrawal request and associated original accounting documents.





(2). No later than three months after the end of the project to be undertaking gardens report project to the Directorate. The debriefing should, among other things. contain an account of the activities carried out in connection with the project, and for the outcome of the project.

(3). 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 etc.

(4). Activities may be co-financed from the other side. Applicants must disclose whether they receive grants pursuant to any of the regulations listed in annex I to Commission Regulation No 1974/2006 of 15. December 2006 concerning detailed provisions for the implementation of Council Regulation 1698/2005 of 20. September 2005.

Chapter 5

Information and marketing

§ 7. Subsidies can be granted for project activities in the context of information campaigns, promotion and advertising on the EU internal market. Activities will promote overall knowledge of the production and the placing on the market of products produced under one of the § 1, referred to in paragraph 2, schemes, and may include:





1) Participation in trade fairs and exhibitions as well as organizing trade fairs and exhibitions.

2) PR-actions and advertising through different means of communication or at points of sale.





(2). Directorate-General for the Food Profession can request to receive campaign plans and materials.

§ 8. Subsidies may be granted to producer groups.

(2). Business and industry organisations representing one or more sectors, are not eligible.

§ 9. The following conditions for the grants must be met:





1) All parties in the producer group seeking grants, at the time of application must participate in one of those referred to in article 1, paragraph 2, referred to schemes.

2) all material must correspond to that described in the application.

3) Activities may not be geared towards commercial brands. Project participants ' names and logos and their products may, however, be included as a secondary message.

4) the materials shall not encourage the consumption of a product on grounds of its specific origin, unless the product is covered by the quality regulation, introduced by Council Regulation (EC) No 1782/2003. 510/2006 on the protection of geographical indications and origins. The origin of the product may be indicated, if the origin does not appear as the main message.

5) EU-logo for the scheme in question relating to the production and marketing of quality food products must appear on all materials for awareness-raising campaigns, promotion and advertising.

6) all the parties in the producer group seeking grants, at the time of application must comply with the rules in force with regard to the environment, including work environment, as well as hygiene and animal welfare, as laid down in national law, or as is provided by the European Community.





(2). Directorate-General for the Food Profession shall establish detailed guidelines for the practical application of the EU logos, see. (1). 5.


(3). Grants may not be awarded for costs incurred by the undertaking gardens have paid before the Directorate has given permission to launch the project, see. However, § 5, paragraph 5.

§ 10. Grants to the project can be provided with up to 70 per cent of the eligible costs of the project, see. section 7, paragraph 1.

Chapter 6

Establishment of the travel team

§ 11. Producer groups may be granted subsidies for the establishment of an travel teams that have the power to inform and advise on schemes referred to in article 1, paragraph 2.

(2). Directorate-General for the Food Profession approves travel team's competence to provide information on the production and marketing of quality food, produced in § 1, paragraph 2. Emphasis will be on knowledge of commodity quality, product development and marketing as well as the ability to create competence-building in small businesses.

(3). Costs of establishment of the travel team may include the following costs, provided that the expenditure is necessary in order to establish a travel team:





1) the cost of acquisition of goods concerning office facilities.

2) the cost of travel.

3) expenditure on staff remuneration.

4) expenditure on consultancy.

5) Other expenditure, which after DG's evaluation of the application for a grant for the establishment of an travel team, is needed to establish travel team.





(4). Establishment of travel teams may not be extended beyond a period of three years, unless the Directorate in special cases dispenses with the deadline.

(5). Grants may not be awarded for costs incurred by the undertaking gardens have paid before the Directorate has given permission to launch the project, see. However, § 5, paragraph 5.

§ 12. Grants for the creation of the travel team will be granted up to 100% of eligible expenditure.

(2). Business and industry organisations representing one or more sectors, are not eligible.

Chapter 7

Investments in agricultural holdings in new technology

§ 13. Grants may be awarded to the primary land users, who owns or rents a agricultural holding with an annual labour needs of at least 830 hours worked, and as a participant in one of those referred to in article 1, paragraph 2, referred to schemes.

§ 14. Subsidies may be granted for investments on the agricultural holding in the new technology, which is necessary in order to comply with the requirements set out in section 1, paragraph 2, referred to schemes.

§ 15. The eligible expenses may include





1) expenditure on physical investments in new technology,

2) the cost of the architectural and engineering fees,

3) the cost of testing and test in connection with the investment,

4) expenditure on revisior and preparation of final report

5) expenditure on the Royal Building Inspector afsyning of the project, and

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





§ 16. The expenditure eligible for financing may not include





1) expenditure on the purchase of used equipment and material,

2) the cost of the investments, which have pledged subsidies for other legislation,

3) VAT, unless this definitively borne by undertaking gardens,

4) the value of the undertaking ' s own work or expenses to pay for the undertaking's staff in connection with the project, and

5) expenditure incurred by the undertaking has paid, within the Directorate of Food Industries has given permission to launch the project, see. However, § 5, paragraph 5.





§ 17. Grants for a project can be up to 40% of the total eligible expenses, see. section 15 (1).

Chapter 8

Modification of the project and entry into commitments

§ 18. 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.

§ 19. Directorate-General for the Food Profession may on application allow, to another occurs in a commitment to grant when the person concerned according to Chapter 5, 6 and 7 may be undertaking gardens, with the consequence that the new undertaking gardens assuming rights and obligations after the undertaking for reimbursement.

Chapter 9

Payment of grants

§ 20. Payment of grants on the basis of the undertaking ' s statement of paid eligible expenses, which must be documented. Request for payment of the reimbursement shall be made on a special form and be accompanied by a statement from a State-authorized public accountant or registered public accountant. Form 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). It is a condition for payment of the subsidy that the Directorate has approved rate statements, final statements and final report.

(3). Expenses, as the undertaking has paid from the 1. January 2007, undertaking gardens get approved if the project application, see. § 5, paragraph 5, are submitted in the first round of applications in 2008.

§ 21. Grants may be paid in two instalments, where until the first instalment shall constitute at least 20 per cent and a maximum of 85 per cent of the amount of the undertaking.

(2). Request for final payment must be received by the Directorate of Food Business not later than three months after the project is completed. The Directorate may, in exceptional cases, grant a derogation from this deadline.

§ 22. The grant is transferred to the undertaking's NemKonto.

Chapter 10

Obligation

§ 23. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, make a declaration to the Directorate-General for 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 provide the Directorate-General communication about the conditions that can lead to cancellation of commitments for reimbursement or repayment of grants under section 24.

Chapter 11

Cancellation and refund of grants

§ 24. The commitment of grant shall lapse,





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

2) if undertaking gardens overrides its duties according to § 11 (2)

3) if the undertaking does not comply with his obligation after the gardens of Chapter 10,

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

5) if the conditions for grant commitments are not met.





(2). In the cases referred to in paragraph 1 shall take the Directorate of Food Business decision on repayment of grants. By statement of a claim attributed to that interest. Interest allowance shall be calculated from the time of notification of the repayment obligation to the repayment happens 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 12

Force majeure

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





1) Undertaking's death.

2) Away the lessor's death.

3) the undertaking ' s incapacity to work for a longer period of time.

4) Expropriation, if any such expropriation could not be foreseen when the commitment period.

5) A severe natural disaster substantially affects the areas on the farm.

6) Destruction of livestock buildings on the holding at the accident.





(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 not without relative 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.

section 26. 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 13

Access to justice

§ 27. 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.

(2). The complaint must be submitted through the Directorate. The appeal shall be the Directorate no later than four weeks after receipt of the decision, the appeal relates.

(3). The Directorate can resume a case, after which is lodged a complaint.

Chapter 14

Criminal provisions

section 28. 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 15

Entry into force of the

section 29. The notice shall enter into force on 23 March. February 2008.
Directorate-General for the Food Profession, 21. February 2008 his S. C/Steen Pawn