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Decree On Subsidies For The Maintenance Of The Modified Dewatering

Original Language Title: Bekendtgørelse om tilskud til opretholdelse af ændret afvanding

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Table of Contents

Chapter 1 Content of the scheme

Chapter 2 Administration

Chapter 3 Commitment and Conditions for Commitment

Chapter 4 Commitment and withdrawal of commitments

Chapter 5 Calculation of grants

Chapter 6 Payment of grants

Chapter 7 Notify obligations

Chapter 8 Disposal and repayment of grants

Chapter 9 Force majeure

Chapter 10 Appeal access

Chapter 11 Penalty provisions

Chapter 12 Entry into force

Publication of subsidies for the maintenance of changes to irrigation

In accordance with section 3, cf. § 2, nr. 4 (c) (c) § 5, section 7 (4), 4, section 11, paragraph 1. 1, 2 and 4, section 12, and 13 (3). 1, in Law No 1. 316 of 31. March 2007 on rural development (rural rural areas) shall be adopted by the authority :

Chapter 1

Content of the scheme

§ 1. The Ministry of Food, Agriculture and Fisheries may, within the framework of the affixed framework, provide a commitment to the owners and tenants of land use. Commitment of grants shall be granted to maintain changes to land that is specifically designated, cf. Section 4 and which have been subject to a commitment to the regulation of the irrigation conditions, as referred to in section 10.

Paragraph 2. For the purposes of this publication, in the case of an agricultural holding, a holding defined in the single payment scheme, cf. the provisions of Article 2 (b) of Council Regulation (EC) No ; 1782/2003.

Chapter 2

Administration

Authorities and controls

§ 2. 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.

§ 3. The Executive Board of the Food Industry shall carry out checks in connection with the administration following this notice.

Paragraph 2. The Directorate-General is responsible for the authorisation of the Minister for Food, Agriculture and Fisheries of the Physical Control, cf. however, section 24.

Paragraph 3. The checks shall be obtained for the purpose of the checks provided by other authorities as necessary.

Specific designated areas

§ 4. The Executive Board of the Food Business Office shall designate the areas of the application for a grant of grants after this notice for the period of the year commensurate on 1. September 2007 or 1. September 2008. In the case of calendar year after 2008, the Directorate shall decide whether or not to be appointed on the grant of a grant of consent for grants following this notice. The areas shall be designated in the areas in particular sensitive areas of agriculture (SFLs) designated under one of the Ministry of Health ' s declarations on subsidies for environmentally-friendly land use measures, which are applicable on 31. December 2006.

Paragraph 2. The Directorate shall publish at the latest at the beginning of an application for an application for a grant from the grant of the area designation applicable to the application period, or in respect of calendar year after 2008 shall publish at the latest publication of 1. February, that applications may not be submitted for grants in the calendar year in question.

Application

§ 5. The application for a commitment to grants must be submitted on a specific schema which is available when it comes to the Executive Board of the Food Industry or the Directorate-General for the Directorate-General.

Paragraph 2. The application shall be accompanied by a mark card on which the applications applied are identified and identified by the same field numbers as in the application. A copy of the marker card shall be used for the application for a single payment of the year in question.

§ 6. The application for a commitment to grants must be submitted to the Executive Board of the Food Industry, which shall commence on the 1 period. September 2007 or 1. September 2008 may be submitted at the earliest of the 20. Feb 2008 and shall be received no later than 1. April 2008.

Paragraph 2. If, for a calendar year after 2008, the areas for the application for a commitment to grants shall be designated, cf. Section 4 may apply for a grant of a grant for the period of the year commenbeginning on 1. September of the calendar year shall be submitted at the earliest date from 1. February of the calendar year and shall be received at the same calendar year no later than the date on which the single payment application expires, and in this notice, the time limit referred to in the Executive Order for direct aid shall be taken in this notice ; farmers under the single payment scheme.

Paragraph 3. The Directorate may, in particular cases, dispose of the dispensers in the cases referred to in paragraph 1. 1 and 2 of the application periods indicated.

§ 7. Where an application is transferred to a new owner or tenant before a decision is taken on grants, the new owner or tenant may enter into the application on condition that a declaration of this is submitted to the Executive Board of It's a food business.

Paragraph 2. The declaration must be submitted on a specific schema which is obtained by means of the directorate or via the directorate's website.

Prioritizing

§ 8. The Executive Board of the Food Safety Board shall give priority to the areas covered. Priority shall be carried out at the level of the field and in such a way that fields covered by an application by or owned by a public institution, a public enterprise or a community of communal, are given priority in other fields. Within each of the two main groups of fields, priority shall be given to the receipt of the applications in the Directorate-General, as previously received applications are preceded by a prior request. In the case of applications received the same date, the fields shall be given priority as a mark size, with a larger field in advance of a small field.

Chapter 3

Commitment and Conditions for Commitment

§ 9. The period of time shall begin a 1. September and the end of the 31. August five years later. One of the worsening wounds begins one. September and 31 are due to expire. August the following year.

Conditions relating to location prior to and at the beginning and mark size of the tilting period

§ 10. Commitment for a subsidy for an area is contingent upon,

1) the area has been designated as an area for which an undertaking may be requested in the application period concerned, cf. § 4,

2) that, for the area under one of the Ministry of Health ' s declarations on subsidies for environmentally friendly land use grants, pledges for a change of afvandation, where the area throughout the period of the grant shall be used for grazing, or pledges for the environmentally friendly operation of the pasture and pausational areas under conditions relating to the irrigation conditions and where the period of the grant period is 1 or 5 years ;

3) the new year period begins at the end of the date referred to in paragraph 1. 2 led to the period of the period,

4) that the area at the beginning of the new period is not part of a project referred to in the Executive Order for the Food Safety Agency for the maintenance and care of wetlands, and that, for the area at the beginning of the new one, the period of time is an obligation to carry out degrazing, suspension or trimming that preclude the fact that the area may be covered by a grant of grants under the Executive Board of the Food Safety Notice on the allowance for the care of grass-; paedials,

5) that, in the case of the area not at the beginning of the new period and with effect, the obligation to set up production as a result of a subsidy under the legislation other than those laid down by any legislation other than those laid down in the case of this Regulation shall be as part of this period the single payment scheme, agreement involving payment for the aforementioned regulation, the service or duty imposed by other legislation,

6) that, in the case of the area, not at the beginning of the new period, and in the case of this type of regulation, the maintenance of the affixing conditions in the area referred to in paragraph 1 shall be the subject of adjustment. the following year, or the affixing conditions which, in the main case, correspond to this, as a result of a grant of grants under the terms of other legislation, agreement involving payment for the aforementioned regulation, service or duty imposed on the basis of other legislation ;

7) that, for the area not having any effect at the beginning of the new period of time, the grant of grants shall be made in accordance with the notice of publication No 2 ; 140 of 10. In March 2005 or previous announcements concerning subsidies for environmentally friendly land use measures, the order of the Regulation shall be published. 84 of 27. 1 January 2005 or earlier notice on the subject of an environmental benefit or notice No ; 893 of 22. September 2005, on subsidies for the environment-friendly operation of wetlands,

8) that, for the area not having effect at the beginning of the new period of time, a commitment to set-aside zones shall be made available for the maintenance of pasture and pauls, for the maintenance of wetlands, for the care of wetlands or to the environment, grants in accordance with the rural area ; and

9) each application field consists of a cohesive area of at least 0,3 ha, unless the field is due to natural limitations, the definition of the areas specially designated, cf. § 4, or the neighbourhood can not be intertwat with other fields.

Paragraph 2. The Executive Board of the Food Safety Board may dispense with the condition referred to in paragraph 1. 1, no. 4, in cases where a area cannot be covered by an undertaking by virtue of the grants referred to in paragraph 1. 1, no. 4, given the nature of the circumstances other than those referred to in paragraph 1. 1, no. 4, indicated when, according to the assessment of the Agency, it provides clear benefits for the environment or nature.

Conditions which must be fulfilled throughout the period of the period

§ 11. Commitment for a subsidy for an area is contingent upon,

1) the existence of the tilting of the holder during the entire period of the year, as the owner or the tenant, operates the area,

2) that the area is not covered by a subsidy system for forestry purposes,

3) that the area not within the period of the enclosure shall be imposed on the obligation to preserve the obligations of peace, apart from the immature peace-making area,

4) that the area is not subject to an agreement or servitut pursuant to the EPA's publication on the criteria for the granting of financial resources for the recovery of wetlands or the Ministry of the Ministry of the Environment ; the notice of recovery of wetlands ; and

5) the affidavices each year in the period of the year shall make a statement that the conditions of the defendant are fulfilled, cf. section 23, and that the declaration is the Executive Board of the Food Industry by the first 1. In August, or in case of 1. August is a Saturday, Sunday, or Monday, the second weekday (Saturday not counting) that follows thereafter.

Paragraph 2. The Executive Board of the Food Safety Board may, in specific cases, dispense from the requirements referred to in paragraph 1. 1, no. 5, set out.

The irrigation conditions and plant-covered and so on during the period of the period

§ 12. Commitments for a grant for a surface shall be conditional upon the marketing conditions of the area throughout the period of the grant period, in accordance with the conditions laid down by the Executive Board of the Food Safety Board and may include changes in relation to : the conditions under which they are in section 10 (1). 1, no. The said commitment, including the conditions for the establishment of ditches.

§ 13. The areas must be laid down as grass or naturai for the whole period of the period.

Paragraph 2. Plant covered at the end of the areas at the end of the section in section 10 (4). 1, no. The following year period shall be maintained at the beginning of the period of time.

Paragraph 3. The one in paragraph 1. 2 cover of plant cover must be maintained throughout the period of the period.

Paragraph 4. Notwithstanding paragraph 1 The following shall apply :

1) In the first paragraph, 2 covered plant cover may be used to conclude other plant species other than those which were at the beginning of the year when it is a plant species that naturally occurred on the areas of the cuisal area.

2) The Executive Board of the Food Safety Board may dispense with the fact that the plant tyre may be amended when the change according to the Agency's assessment is beneficial to nature, the environment and landscape.

3) Areas without sufficient plant cover caused by tramp estimates, with legal access to the public, or which are made by the exchange of animals, are permitted.

4) The Directorate of Diaries may, in exceptional cases, allow the plant-deck to be temporarily not maintained.

§ 14. The year areas shall be allowed throughout the period of the period, however, in the case of the date of application in respect of the clause in paragraph 1. 1 for areas covered by an enacing period starting on 1. September 2007,

1) no fertiliser, except for the fertilizer left of the grassroots livestock ; and

2) shall not be applied to plant protection products.

Paragraph 2. Biodynamic preparations to be used for agricultural holdings approved by the Demeteries shall not be considered to be fertilisers or plant protection products.

Paragraph 3. The Executive Board of the Food Safety Board may, in special cases, dispensers from paragraph 1. 1, no. 2.

Retention of accounts

§ 15. Tax, VAT and operating accounts relating to the grant year for which payment of grants is to be kept shall be kept by the garment holder for at least five years from the date of payment.

Chapter 4

Commitment and withdrawal of commitments

§ 16. The Executive Board of the Food Safety Board may, upon application, permit a commitment to be made to a different kind of undertaking to a different kind under the rural environment programme, if :

1) whereas the transformation involves significant benefits for the environment ; and

2) the existing commitment is substantially increased.

Paragraph 2. Application for paragraph 1 1 may be lodged from 1. February of the year in which the change has been requested and shall be the Executive Board of the Food Industry in the same year no later than the date on which the application for a single payment is due to expire.

Paragraph 3. Application for paragraph 1 1 may not include conversion to undertakings intended for afforestation.

Paragraph 4. The Directorate may, in particular cases, dispose of the dispensary from the one in paragraph 1. 2 specified application period.

§ 17. The Executive Board of the Food Safety Agency may, upon application, permit the deletion of an area to be deleted if it is documented that the area is the subject of land-sharing or public or of the competent authorities, as part of land-use planning.

Paragraph 2. The area shall be deleted from the beginning with effect from the beginning of the year, where the conditions for the defendant are not fulfilled in the case of the whole year.

§ 18. Where the saver shaver is transferred to a new owner or a tenant, with effect before the end of the period, it is a condition that the case may be maintained that the new owner or tenant enters into the ensued with effect from : the time of the transfer of the economic responsibility for the operation of the area and the timely submission of a declaration to the Executive Board of the Authority for the Executive Board of the Authority, the subject of the defendant, in the rights and obligations of the Executive Board ; the defendant.

Paragraph 2. The Manufacturer ' s Declaration must be submitted on a specific schema which is obtained by means of the directorate or via the directorate's website. The Manufacturer ' s declaration must have been received in the Directorate-General not later than the date on which the first date of application for individual payment expires after the time of the transfer of the financial responsibility for the operation of the area. However, if the aforementioned transfer takes place less than eight weeks before the next period of application for individual payment, the manufacturer must, however, have been received in the Directorate no later than eight weeks after the aforementioned transfer. If the specified period for the receipt of the manufacturer of the manufacturer of the manufacturer of the manufacturer is a Saturday, Sunday, Monday or a national holiday, the deadline shall expire on the second weekday (Saturday not counting) that follows thereafter.

Paragraph 3. The new owner or tenant shall remain in timely receipt of the manufacturer shift declaration in the directorate, registered as new tilt-holder.

Paragraph 4. The Directorate may, in particular cases, dispose of the dispensary from the one in paragraph 1. 2 specified time limit.

§ 19. Where changes are made to the requirements set out by the Executive Board of the Food Safety Executive Order on the cross-compliance, the directorate may decide that the defendant can only be maintained if the case is adjusted. If such an adjustment is not accepted by the Pressshaver, the defendant shall lapse without the need to repayment of previously paid subsidies.

Chapter 5

Calculation of grants

20. The annual grant is 850 kr. per ha.

§ 21. If the total amount of aid for environmentally friendly agriculture for an area exceeds the amount which may be co-financed by the EU, subsidies for the maintenance of changing the area of the area may be reduced in such a way as to ensure that the total amount of aid for environmentally friendly agriculture is reduced, the area does not exceed the amount which may be cofinanced by the European Union. The total amount of aid for environmentally friendly agriculture is understood to be all subsidies for environmentally friendly agriculture pursuant to Article 39 of Council Regulation (EC) No 2. EUR 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development, all subsidies for environmentally friendly agriculture under Chapter VI (environment-friendly agriculture and animal welfare) of Council Regulation (EC) No 149/2001 (EC) No 149/2001. The 1257/1999 support for rural development from the European Agricultural Guidance and Guarantee Fund, as well as all subsidies for agri-environmental agriculture under Council Regulation (EEC) No (EEC) No (EEC) No (EEC) No (EC) No (EC 2078/92 on environmentally-friendly farming methods, and of natural care.

Paragraph 2. In the calculation of a reduction in grants under paragraph 1. 1 in the calculation of the grants included in the calculation shall be grants before deduction resulting from any penalties provided for in the relevant provisions.

Paragraph 3. Failure to comply with the conditions under which grants may be granted may result in a reduction in the subsidy. The Executive Board of the Food Safety Board shall, in accordance with the Community ' s provisions, take a decision on the amount of the reduction.

Paragraph 4. Inserts a new owner or tenant in a commitment to grant, cf. Article 18, on the basis of a manufacturer ' s replacement declaration received in the Executive Board of the Food Authority more than eight weeks after the date of the transfer of the economic responsibility for the operation of the area, the grant of the area of the year shall be suspended for the year ; the level of the manufacturer ' s change ' s declaration. If the eight-week period expires on a Saturday, Sunday, Monday or a national holiday, the deadline shall expire on the second weekday (Saturday not counting) that follows thereafter.

Chapter 6

Payment of grants

§ 22. The Executive Board of the Food Business Agency shall pay the subsidy once a year. The amount of the subsidy shall be paid normally during the period from 1. September to the 31. January for the preceding year.

Paragraph 2. The subsidy is transferred to the tilsagnshavers NemKonto.

-23. It is a condition for the payment of grants for a grant year that for the undertaking concerned have been submitted for the grant of the grant of the grant of the grant, where the tilashis ;

1) has declared that all the conditions for the defendant are fulfilled ; and

2) report the information required for the calculation and payment of the subsidy.

Paragraph 2. Applications for grant payments shall be submitted in a special form to be submitted by way of a request to the Executive Board of the Food Industry or via the Directorate-General. The application must be received in the Directorate-General at the latest on the date on which the application for a single payment is due to expire. In the case of a grant for a grant for the period of the year commentening on 1. September 2007, the application for a grant payment shall be made for 1. the following shall, however, be received within the Directorate no later than four weeks after receipt of the indicnet.

§ 24. The rules of the Executive Board of the Food Safety Executive Order for cross-compliance shall apply to applications for grant payment.

Chapter 7

Notify obligations

§ 25. The Present Sea must, throughout the whole period of the time of request, submit a declaration to the Executive Board of the Food Authority whether the conditions for pledges are still fulfilled.

Paragraph 2. The saver shall be obliged to do so without undue delay, cf. without undue delay. however, section 18 (2). 2, in writing, in writing, to inform the Directorate-General of matters which may result in a withdrawal of a commitment to grant or repayment of grants.

Chapter 8

Disposal and repayment of grants

SECTION 26. Commitment for a subsidy for an area lapses,

1) where the tilaves have given false or misleading information or have kept information of significance for the decision of the case,

2) whose worship shaver shall override his duties according to section 11 (4) of the rural area. 2,

3) the tilt of tilt does not comply with its obligation to be required under section 25, or

4) if they are not fulfilled in sections 10, section 11, section 12 and section 14, including that a land area is transferred to another, without the person concerned entering the indictators.

Paragraph 2. The Executive Board of the Food Authority may decide that a grant of a grant for an area may lapse if the conditions under Clause of 13 and section 15 are not met.

Paragraph 3. In the paragraphs in paragraph 1. In the case of cases 1 and 2, the Directorate shall take a decision on the refund of grants.

§ 27. The Executive Board of the Food Authority may, on the basis of the application, permit a grant of a grant to lapse without the payment of any repayment of previously paid grants, if :

1) the tilt shall end with land use permanently and at least 3 years of the period of the year for which the area concerned is to be processed,

2) the agricultural holding at the time of sale or transfer shall be transferred to a new owner or a tenant or all of the land holding the holding may be transferred to a new owner or tenant, and the farm of land is reduced to 2 hectares or thereunder, and

3) it is likely that entry into the ensued by the new owner or tenant is not possible.

Paragraph 2. Where the authorisation of paragraph 1 shall be granted. 1, and the saver later again, personally or vía et company or other legal entity commences, the directorate may require a refund of an amount equal to the repayment claim which would have been raised if there is no such assurance ; were obtained in accordance with paragraph 1. 1. The call shall be paid on interest, cf. -$30.

Paragraph 3. Companies and other legal entities which are committed to grants may not obtain authorization under paragraph 1. 1.

Paragraph 4. The Directorate may, in special cases, dispose from the provisions of paragraph 1. 1, no. 2, and paragraph 1. 3. The Board of Direqutorate may make a derogation from the provision in paragraph 1. 3 that all participants in the legal entity undertake to end the end of land use.

§ 28. Inserts a new owner or tenant in a commitment to grant, cf. Section 18, and in the case of the Directorate of the Food Safety Board of the Food Industry, then a decision on the withdrawal of an undertaking by the new tilating rate, the directorate may decide that grants paid to the areas to the former Undertakers shall be able to grant a grant, shall be repaid by the new tilt shaver.

§ 29. If, pursuant to section 16, consent is granted for a commitment to another undertaking under the rural area programme and the new undertaking subsequently lapses, the Executive Board of the Food Authority may decide to grant subsidies under the terms of the aid ; previously announced commitments on subsidies to the maintenance of the change shall be repaid, including grants paid to earlier insoiors. However, a refund may not be required if the conditions resulting from the loss of the new undertaking have been determined after the period of five years from the beginning of the period of the undertaking which was reestablished.

-$30. 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) provided for the reference rate provided for in addition. However, the interest rates shall be at least 50 kr.

Chapter 9

Force majeure

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

1) The Tilsagna's death.

2) The death of abducts.

3) The versagna's incapacity for longer.

4) Expropriation if such expropriation could not be foreseen at the beginning of the year period.

5) A serious natural disaster which substantially affects areas on the holding.

6) Devastation of stables on the holding by accident.

7) The herd of the savior is hit by an epizootic disease or by an infectious animal disease, which is subject to the list of animal diseases covered by the Law on the Lists of Animal Lists, because they are of major importance ; socioeconomic importance.

8) Amendment of the conditions in the area of the year, where the change according to the assessment of the Agency has been caused by nature and may be prolonged.

Paragraph 2. It is a condition of the recognition of force majeure, in 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.

§ 32. 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 10

Appeal access

§ 33. Decisions taken by the Executive Board of the Food Business Authority pursuant to this notice may be subject to the Secretary of State 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 Executive Board of the Food Business Authority may resume a case after a complaint has been lodged.

Chapter 11

Penalty provisions

§ 34. After the rural area, Clause 14 is punished by fine by the person who :

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

2) acts in breach of conditions laid down in a decision taken pursuant to the law or by virtue of the rules laid down by the law,

3) failing to provide the documentation and the information which it is obliged to provide under the law or by rules laid down by 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,

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

6) refrain from extraditing or submitting material or to provide the inspection 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 12

Entry into force

$35. The announcement will enter into force on the 20th. -February 2008.

Paragraph 2. The notice shall not apply to applications for derogations, etc. relating to undertakings given in accordance with the regulations under the rural areas programmes from before 2007.

The Directorate for Food Business, the 14th. February 2008 Arentb, Josefsen / Steen Bonde