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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=115023

Overview (table of contents) Chapter 1 of scheme content

Chapter 2 Administration

Chapter 3 Commitment period and conditions for undertakings

Chapter 4 amendment of commitments and entry into commitments

Chapter 5 Calculation of grants

Chapter 6 payment of grants

Chapter 7 obligation

Chapter 8 cancellation and refund of grants

Chapter 9 Force majeure

Chapter 10 appeals

Chapter 11 sanctions

Chapter 12 entry into force The full text of the Decree on subsidies for the maintenance of the modified dewatering

Under section 3 of the basic regulation. § 2, nr. 4 (c), section 5, article 7, paragraph 4, article 11, paragraphs 1, 2 and 4, section 12 and section 13, paragraph 1, of the lov nr. 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 owners and tenants of agricultural holdings. Commitments for grants given to maintenance of altered drainage on land, there are specially designated, without prejudice. § 4, and which has been covered by pledges of grants with regulation of drainage conditions, as referred to in section 10.

(2). At an agricultural holding for the purposes of this Ordinance a holding, as defined in the single payment scheme referred to in article 6. Article 2, point (b) of Council Regulation (EC) No 1782/2003. 1782/2003.

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.

§ 3. Directorate-General for Food Industries carrying out checks in connection with the Administration after this announcement.

(2). The Danish plant Directorate carries out under the authority of the Minister for food, agriculture and fisheries, the physical checks referred to in article 6. However, section 24.

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

Specially designated areas

§ 4. Directorate-General for the Food Profession designates areas of application for the grant after this Ordinance for undertaking an undertaking period starting on 1. September 2007 or the 1. September 2008. For calendar year after 2008, the Directorate determines whether to be designated areas for applying for the grant after this Ordinance commitments. The land is designated within the particularly sensitive agricultural areas (SFL-areas), who is appointed pursuant to any of the Food Ministry's notices about grants for eco-friendly agricultural measures, which are in force on 31 December 2000. December 2006.

(2). The Directorate publishes the latest at the beginning of the application period for applying for grants the land designation, a commitment that is applicable to the application period, or in respect of the calendar year after 2008 shall publish by 1. February, that there can be lodged applications for grant commitments during that calendar year.

Application

§ 5. Applications for grants must be submitted on the commitment of a special form, which can be obtained from the Directorate of Food Business or through the DG's website.

(2). The application must be accompanied by a parcel map, in which the land applied for is traced and identified with the same mark numbers, as in the application. To be used with a copy of the field map, which is used for application for single farm payment that year.

§ 6. Application for commitment grants must be submitted to the Directorate of Food Business. Application for a commitment period starting on 1. September 2007 or the 1. September 2008, may be submitted at the earliest from the 20. February 2008 and must be received no later than the 1. April 2008.

(2). If, for a calendar year after 2008 be designated areas for applying for reimbursement, as referred to in commitment. § 4 application for commitment can supplement for a commitment period starting on 1. September of the calendar year shall be submitted at the earliest from 1. February in the calendar year and must be received no later than the same calendar day on which the deadline for application for the single payment expires, thus in this order means the time limit specified in the Directorate's notice on direct aid to farmers in accordance with the single payment scheme.

(3). The Directorate may, in exceptional cases, grant derogations from the referred to in paragraphs 1 and 2 above application periods.

§ 7. If an applied area is transferred to a new owner or tenant, before the decision on commitments on subsidies, the new owner or tenant enter into application on condition that a statement to that effect shall be submitted to the Directorate-General for Food Industries.

(2). The Declaration must be submitted on a special form, which can be obtained from the Directorate-General or via the DG's website.

Priority

§ 8. Directorate-General for the Food Profession gives priority to the applied areas. Priorities are implemented on mark level and thus, to select who is the subject of an application from or owned by a public institution, a public corporation or a municipal community, priority for other fields. Within each of the two main groups of select priority after receipt of applications in the Directorate, as previous applications received prior to the later. For applications that are received on the same date, priority fields after mark size, since a larger mark prior to a minor mark.

Chapter 3

Commitment period and conditions for undertakings

§ 9. Commitment period begins a 1. September and end on 31 December 2005. August five years later. A tilsagnsår begins a 1. September and expires on 31 December 2006. August the following year.

Conditions concerning the location, relationship before and in the commitment period and mark size

§ 10. Commitments for grants for an area is subject





1) that the land is designated as an area for which the commitment may be applied for grants in that application period referred to in article 6. section 4,

2) that for the area under one of the Food Ministry's notices about grants for eco-friendly agricultural measures pledged subsidies for modified dewatering, where area throughout the period used for grass production, undertaking or commitment subsidies for environmentally friendly operation of grass and natural areas with conditions concerning the drainage conditions, and where the undertaking period are on 1 or 5 years,

3) that the new undertaking period begins at the end of the in no. 2 listed undertaking period,

4) that the area bounded by the beginning of the new commitment period not part of a project, as referred to in the Directorate of Food Business announcement about grants for the maintenance and care of the wetlands, and that for the area at the beginning of the new commitment period in the absence of an obligation to implement grazing, time, or trimming that excludes that area can be covered by the commitments for grants under the Directorate of Food Business announcement about reimbursement for the care of grass and natural areas ,

5) that for the area is not at the beginning of the new commitment period and with effect within this obligation exists for the procurement of production as a result of commitments for grants pursuant to provisions of law other than the single payment scheme, agreement involving the payment of the said regulation, easement or duty imposed pursuant to other legislation,

6) that area is not at the beginning of the new commitment period and with effect within this existence of regulation, which ensures maintenance of the drainage conditions, there was on the area shown in the nr. 2 listed undertaking period, or drainage conditions that in the main proceedings correspond thereto, as a result of commitments for grants pursuant to other legislation, agreement involving the payment of the said regulation, easement or duty imposed pursuant to other legislation,

7) that, for the area not with effect at the beginning of the new undertaking period commitments for grants pursuant to bekendtgørelse nr. 140 by 10. March 2005 or earlier notices about grants for eco-friendly agricultural measures, Decree No. 84 of 27. January 2005 or earlier publication on environmental conditional grants or order No. 893 of 22. September 2005 for grants to environmentally friendly operation of wetlands,

8) that, for the area not with effect at the beginning of the new undertaking period commitment subsidies for set-aside buffer zones, for the care of grass and natural areas for maintaining wetlands, wetland or to the environment to health care conditional grant in virtue of rural law and

9) that the individual applied for mark is composed of a contiguous area, representing at least 0.3 ha, unless battlefield because of natural boundaries, delimitation of the specially designated areas, see. section 4, or neighbouring divisions cannot be combined with other fields.





(2). Directorate-General for the Food Profession can dispense with the condition set out in paragraph 1, no. 4, in cases where an area cannot be covered by the commitments for grants pursuant to in paragraph 1, no. 4, stated notices due to factors other than those listed in paragraph 1, no. 4, indicated when the following Directorate assessment present a clear benefit for the environment or nature.

Conditions that must be met throughout the period of the undertaking

§ 11. Commitments for grants for an area is subject





1) that undertaking gardens throughout the period of the undertaking which owns or rents driver area


2) that the area is not within the undertaking period covered by a grant scheme for forestry,

3) that the area is not within the undertaking period has imposed the duty, apart from fredskovs plants fredskovs responsible for providing land,

4) that the area is not in effect within the period covered by the undertaking agreement or easement pursuant to the Ministry of the environment Decree on criteria for the allocation of financial resources for the restoration of wetlands or the Ministry of the environment Decree on the restoration of wetlands, and

5) that undertaking gardens each year of the commitment period shall give its declaration to the effect that the conditions for the undertaking fulfilled, see. section 23, and that the Declaration is the Directorate of Food Business not later than 1 January 2006. August, or in cases where the 1. August is a Saturday, Sunday or Monday, the second weekday (Saturday excluded) that follows thereafter.





(2). Directorate-General for the Food Profession can, in exceptional cases, dispense with the in (1). 5, specified period of time.

Drainage conditions and ground cover, etc. on the undertaking period

§ 12. Commitments for grants for an area shall be subject to the conditions in the catchment area of the entire undertaking period are in accordance with the terms thereof, which shall be determined by the Directorate-General for Food Industries, which may include changes in relation to the conditions laid down in article 10, paragraph 1, no. 2, stated commitments, in particular the conditions for the establishment of grøble render.

§ 13. The undertaking areas must be designated as a grass or natural areas throughout the period of the undertaking.

(2). The ground cover on the land at the end of the section 10, paragraph 1, no. 2, stated commitment period must be maintained by undertaking period.

(3). The plant cover referred to in paragraph 2 must be maintained throughout the period of the undertaking.

(4). Notwithstanding paragraph 3, the following shall apply:





1) in the plant cover indicated in paragraph 2 of this article may conclude other plant species than those included by undertaking period, in the case of plant species that naturally has arrived on the undertaking areas.

2) Directorate-General for the Food Profession can dispensers so that ground cover can be changed when the change after the Directorate's assessment is an advantage for nature, environment and landscape.

3) Areas without adequate plant cover that has arisen as a result of footpaths with lawful access to the public, or which is made up of animal bills, are allowed.

4) Directorate-General may, in exceptional cases, allow the plant covered temporary is not maintained.





§ 14. The undertaking areas must throughout the undertaking period, however, counted from the date of the application in respect of the provision in no. 1 for areas subject to a commitment period starting on 1 January. September 2007,





1) not supplied fertilizer, except for the manure left behind by grazing livestock, and

2 not supplied) plant protection products.





(2). Biodynamic preparations to be used on agricultural holdings is authorized by this Ordinance shall be deemed associated Demeter not as fertilizer or plant protection products.

(3). Directorate-General for Food Industries can in special cases, grant derogations from paragraph 1, no. 2.

Storage of accounts

§ 15. Tax, VAT and profit and loss accounts that relate to the tilsagnsår that the disbursement of subsidies happens, shall be kept by the undertaking for at least 5 years from the date of disbursement gardens at the time.

Chapter 4

Modification of commitments and entry into commitments

§ 16. Directorate-General for the Food Profession may on application allow, that a commitment to grant is converted to another type of undertaking under the rural development programme, if





1) transformation entails significant benefits for the environment, and

2) the existing commitment is significantly reinforced.





(2). Application in accordance with paragraph 1 may be lodged from 1. February in the year in which the change is desired, and must be the Directorate of Food Business not later that same year, at the latest on the day on which the deadline for application for the single payment expires.

(3). Application in accordance with paragraph 1 may not include conversion to commitments on subsidies for afforestation.

(4). The Directorate may, in exceptional cases, dispense with the application period referred to in paragraph 2.

§ 17. Directorate-General for the Food Profession may on application allow, to an area shall be deleted by the undertaking, if it be proved that the land is the subject of land consolidation or public or approved by the competent authority intervention in the context of spatial planning.

(2). The area of the undertaking shall be deleted with effect from the beginning of the tilsagnsår, where the conditions of the undertaking is not fulfilled for the whole undertaking this year.

§ 18. If undertaking an undertaking entrusts gardens area to a new owner or lessee with effect prior to the commitment period, it is a condition of the undertaking can be maintained, to the new owner or tenant farmer joins in the undertaking, with effect from the time of the transfer of financial responsibility for the operation of the area, and the timely submitted producer switch statement to that effect to the Directorate-General for Food Industries. The occurring in the undertaking, assuming rights and obligations after the undertaking.

(2). Producer declaration must be submitted on a special switching schema, which can be obtained from the Directorate-General or via the DG's website. A manufacturer of switch statement must be received in the Directorate no later than the day on which the earliest deadline for application for the single payment expires after the time of the transfer of financial responsibility for the operation of the area. If the transfer takes place less than 8 weeks before the next deadline for applying for the single payment, a manufacturer of switch statement must be received in the Directorate no later than 8 weeks after the said transfer. If the specified time-limit for the receipt of the Directorate's producer switch statement is a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follows thereafter.

(3). The new owner or tenant will be at the timely receipt of producer switch statement in the Directorate registered as a new undertaking gardens.

(4). The Directorate may, in exceptional cases, grant a derogation from the time limit referred to in paragraph 2.

§ 19. If there is a change of the requirements laid down by the Directorate of Food Business announcement on cross-compliance, the Directorate may determine that the undertaking can only be maintained if the undertaking is to be adapted. If such an adjustment is not accepted by undertaking gardens, lapse the undertaking without requiring repayment of grants disbursed.

Chapter 5

Calculation of the grant

§ 20. The annual subsidy represents 850 DKK per hectare.

§ 21. If the total subsidies for environmentally friendly agriculture for an area exceeds the amount that can be co-financed by the European Union, can supplement for maintaining changed drainage for land be reduced so that the total subsidies for environmentally friendly farming of the area does not exceed the amount that can be co-financed by the EU. By the total subsidies for environmentally friendly agriculture means all subsidies for environment-friendly agriculture in accordance with article 39 of Council Regulation (EC) No 1782/2003. 1698/2005 on support for rural development by the European agricultural fund for rural development, all subsidies for environmentally friendly agriculture under Chapter VI (agri-environment and animal welfare) of Council Regulation (EC) No 1782/2003. 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund, as well as all grants for environmentally friendly agriculture under Council Regulation (EEC) No 2377/90. 2078/92 on environment-friendly production methods in agriculture, as well as for natural care.

(2). The materiality of the reduction of subsidies in accordance with paragraph 1, the grants were included in the calculation, be supplements before deductions as a result of any sanctions in accordance with the relevant provisions.

(3). Non-compliance with the conditions for grant commitments may result in reduction of the grant. Directorate-General for Food Business shall, in accordance with the provisions of the Community decision on the size of the reduction.

(4). Joins a new owner or tenant in a commitment to grant, see. section 18, on the basis of a manufacturer switch statement, received in the Directorate-General for the Food Profession later than 8 weeks after the date of the transfer of financial responsibility for the operation of the area, ineligibility for the area of the tilsagnsår within which, a manufacturer of switch statement is received. If the time limit of 8 weeks expires on a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follows thereafter.

Chapter 6

Payment of grants

§ 22. Directorate-General for the Food Profession shall pay the financial contribution once a year. The grant will be paid normally during the period from the 1. September until 31 December 2006. January of the preceding tilsagnsår.

(2). The grant is transferred to the undertaking's NemKonto.

§ 23. It is a condition for the payment of grants for a tilsagnsår, that for that tilsagnsår has submitted an application for the grant payment, where the undertaking gardens





1) has declared that all the conditions of the undertaking are met, and

2) has reported the information requested to use for the calculation and payment of the grant.






(2). Application for grant disbursement shall be submitted on a special form, which can be obtained from the Directorate of Food Business or through the DG's website. Applications must be received in the Directorate-General on the undertaking each year no later than the day on which the deadline for application for the single payment expires. For commitments for grants for a commitment period starting on 1. September 2007, application for grant disbursement of 1. tilsagnsår, however, only be received in the Directorate no later than 4 weeks after receipt of the applicant's undertaking.

§ 24. The rules in the Directorate of Food Business announcement of cross-compliance shall apply to applications for grant disbursement.

Chapter 7

Obligation

§ 25. Undertaking gardens throughout the period of the undertaking, on request, declare 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 undertaking period, without undue delay, without prejudice to the obligation. However, article 18, paragraph 2, in writing, to provide the Directorate-General communication about the conditions that can lead to cancellation of commitments for reimbursement or repayment of grants.

Chapter 8

Cancellation and refund of grants

section 26. Commitments for grants for an area 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 his duties after rural section 11 (2)

3) if the undertaking does not comply with its obligation gardens under section 25, or

4) if they are in § 10, section 11, section 12 and section 14 stated conditions for grant commitments have not been fulfilled, including the fact that an undertaking is transferred to another area, without that occurs in the undertaking.





(2). Directorate-General for the Food Profession may decide that the commitment to grant for an area, if the lapse in section 13 and section 15 stated conditions for grant commitments have not been fulfilled.

(3). In the referred to in paragraphs 1 and 2 shall take a decision on the repayment of grants Directorate.

§ 27. Directorate-General for the Food Profession may on application allow, that a commitment to grant will lapse without claims for refund of previously paid allowance if





1) definitively ceases agricultural gardens business undertaking, and there have been settled for at least 3 years of the commitment period for the area concerned,

2) agricultural holding by sale or lease is transferred to a new owner or tenant or any agricultural undertaking land holding is transferred to a new owner or tenant, and agricultural holding, incidentally, reduced to two hectares or less, and

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





(2). If permission is given under paragraph 1, and undertaking gardens later again personally or via a company or another legal entity start agricultural activities, the Directorate may require repayment of an amount equal to the refund claim, there had to be raised, if that were not authorised in accordance with paragraph 1. The claim attributed to interest rates, see. section 30.

(3). Companies and other legal entities, which have pledged grants, may not be authorized in accordance with paragraph 1.

(4). The Directorate may, in exceptional cases, grant derogations from the provisions of paragraph 1, nr. 2, and paragraph 3. The Directorate can make a derogation from the provision in paragraph 3 that all participants in the legal entity undertakes to discontinue definitively with agricultural activities.

section 28. Joins a new owner or tenant in a commitment to grant, see. section 18, and the Directorate of Food Business shall then decide on the cancellation of commitments for grants as a result of the new undertaking's conditions, can the Directorate provide that subsidies are paid for undertaking land to former tilsagnshavere, must be repaid by the new undertaking gardens.

section 29. If, pursuant to section 16 is authorized, that an undertaking be transformed into another commitment under the rural development programme, and the new commitments will then lapse, Directorate for Food Industries can provide that paid subsidies pursuant to the previously announced commitments for grants for the maintenance of the modified drainage must be repaid, including subsidies paid to former tilsagnshavere. However, grants may not be recovered, if the circumstances that have led to the cancellation of the new undertaking, is found after the elapsing of 5 years from the beginning of the commitment period for the commitments which were converted.

section 30. 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 9

Force majeure

section 31. 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.

7) the undertaking's crew will be hit by an epidemic of an infectious animal disease or resulting in public interventions and which are covered by it pursuant to the law on keeping of animals issued list of diseases to be combated, because they are of considerable social and economic importance.

8) change of conditions on undertaking land where the change after the Directorate's assessment is caused by nature and can be prolonged.





(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). The Directorate may, in exceptional cases, recognize other events such as force majeure than those referred to in paragraph 1.

section 32. 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 10

Access to justice

section 33. Decisions made by the Directorate-General for the Food Profession by virtue of this order can be appealed to the Minister of food, agriculture and fisheries.

(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.

Chapter 11

Criminal provisions

§ 34. 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 12

Entry into force of the

section 35. The notice shall enter into force on the 20. February 2008.

(2). The Ordinance shall not apply to the applications for exemption, etc., which relate to the commitments given pursuant to regulations under the rural development programmes from before 2007.
Directorate-General for Food Industries, the 14. February 2008 Aren't b. Jackson/Steen Pawn