Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=127496
Overview (table of contents) Chapter 1 of scheme content
Chapter 2 Administration
Chapter 3 eligible actions
Chapter 4 Conditions for reimbursement
Chapter 5 eligible project expenses
Chapter 6 amendment of the project and entry into commitments
Chapter 7 Calculation of grants
Chapter 8 payment of grants
Chapter 9 obligation
Chapter 10 cancellations and refund of grants
Chapter 11 Force majeure
Chapter 12 remedies
Chapter 13 the date of entry into force of The full text of the Decree on grants for projects concerning investment in and demonstration of new processes and technologies on horticultural holdings
Under section 3 of the basic regulation. § 2, nr. 1 (a) (ii). 2 (a), 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:
The scheme's content
§ 1. Ministry of food, agriculture and fisheries within the deposed frameworks promise grants for projects concerning investment in and demonstration of new processes and technologies that contribute to environmentally sustainable horticultural or climatically or to improve the working environment in the nursery, as well as to ensure an economically sustainable horticultural feat.
(2). Commitments for grants can be given to owners and tenants, who runs a primary holding, used for production of flowers in greenhouses, flowers grown in greenhouse vegetables, vegetables in the open, mushroom, Orchard or nursery production.
Authorities and control
§ 2. Ministry of food, agriculture and fisheries at the Food Profession shall take decisions in accordance with this Ordinance.
§ 3. Food Business shall carry out checks in connection with the Administration after this announcement.
(2). Food Industries carries out the physical checks and the subsequent accounting control.
(3). The Danish plant Directorate can conduct physical checks and the subsequent accounting controls, see. section 5 of Decree No. 124 of 26. February 2008 on Danish plant Directorate functions and powers.
(4). To use for checks collected information from other authorities as appropriate.
§ 4. Application for reimbursement shall be submitted to the Food Profession on a special application form, which can be obtained from the food industry or Food Business via website.
(2). Applications for grants must be received in the Food Business by 20. November 2009. An applicant may submit only one application for reimbursement.
(3). Food Business shall acknowledge of receipt of the application and may in this connection grant permission to launch the project.
Prioritization and decision
§ 5. If the in section 1, paragraph 1, deposed framework is not sufficient to commit to all eligible applications, deciding on commitments on the basis of a priority of the applications in accordance with paragraphs 2 to 4.
(2). Applications are prioritized on the basis of expected effects resulting from the implementation of the investment project in relation to the following areas for action in priority order:
1) Reduction of negative effects of pesticide use.
2) Reduction of consumption or leaching of nitrogen or phosphorus.
3) reduction of energy consumption.
4) Reduction of climate gases.
5) Reduction of water consumption.
6) improvement of the working environment for the employees on the agricultural holding.
(3). Applications are prioritized on the basis of the anticipated improved economic results of the primary operation, see. section 6, paragraph 2, as a result of the implementation of the project.
(4). If the application can be approved, provides Food Business commitments for grants.
§ 6. Eligible for grants for projects related to:
1) Investment in new processes and technologies that contribute to environmentally sustainable horticultural climatically or operation, including investments in
a) technologies that contribute to the reduction in the consumption of pesticides,
(b)) energy optimisation,
c) technologies that contribute to the reduction of water consumption and
d) climate-friendly cultivation systems.
2) Investment in new processes and technologies that contribute to improve occupational safety and health in agriculture.
(2). The implementation of the project should result in an improved financial result of the primary agricultural operation.
§ 7. When the investment is completed, undertaking gardens implement demonstration activities whose primary purpose is to demonstrate and disseminate scientific knowledge and practice regarding the use of investment in new processes and technologies, see. § 6.
§ 8. Grants may be awarded to the primary gardeners, who, as owner or lessee operating a primary horticultural holding with an annual labour needs of at least 830 working hours calculated according to standard hourly rates.
Conditions for grant
§ 9. It is a condition of grant for a project,
1) to the total eligible investment expenditure amounts to at least 100,000 DKK, and that the total eligible expenditure for the demonstration of the project amounts to at least 5,000 DKK,
2) that the necessary authorisations from public authorities is achieved,
3) that the applicant shall deliver the information that Food Business requests for use of the procedure,
4) that it is undertaking gardens, which implements the project,
5) that undertaking gardens submit cash out request and project report in a timely manner to the Food Business Regulation. section 17 (4)
6) to investments, which include financial support, maintained for a minimum period of 5 years from the date on which the commitment of the grants is given, and
7) to cashout request associated with the original accounting documents shall be kept available for at least 5 years from the date of payment.
(2). When the project is completed, undertaking the project to Food Profession. debrief gardens The debriefing should include an account of the activities carried out in connection with the project and for the outcome of the project.
(3). Food Profession 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.
(4). Food Industries can in the undertaking, establish additional conditions for the grant.
Eligible project costs
§ 10. The eligible investment costs may include
1) the cost of the investments on the agricultural holding,
2) the cost of the fee for architect, engineer and other consultancy services in connection with the implementation of the project,
3) the cost of the certification of the withdrawal request and for the preparation of the final report,
4) expenditure on the Royal Building Inspector afsyning of the investments, and
5) other expenses, such as Food Industries assesses to be necessary for the implementation of the investment project.
§ 11. The eligible investment costs may not include
1) expenditure on the purchase of used equipment and material,
2) expenditure for the construction and renovation of buildings,
3) the cost of the rental and leasing of equipment and material,
4) the cost of the investment, which provided grants for other legislation,
5) the cost of the investments, which the undertaking gardens is committed to the implementation of the legislation, after the second
6) the cost of financing and banking costs, unless these are due to demands from undertaking-making authority,
7) VAT, unless this definitively borne by undertaking gardens,
8) the cost of the undertaking ' s own work or to pay to the undertaking's personnel in connection with the project, or
9) expenses incurred by undertaking gardens have paid before the Food Business has given permission to launch the project, see. section 4, paragraph 3.
§ 12. The eligible costs for the demonstration of the implemented investments may include
1) expenditure on the purchase of goods and services, including consultancy and other external assistance and contract services,
2) expenditure for the purchase of necessary equipment, etc.,
3) the cost of testing and testing of the subject of the demonstration, provided that the activities are necessary to implement the demonstration and does not entail an added value to the subject-matter of the demonstration,
4) expenses for rent and leasing of equipment, that are directly related to the project,
5) expenditure relating to information and publicity, including the production of information materials and the Organization of open house and presentation of the project,
6) expenditure relating to audits and the preparation of the final report, and
7) other expenditure necessary for the implementation of the project.
(2). Food Profession establishes the value of equipment, etc., that have value after the end of the project. Value offset in the statement of the total eligible costs.
§ 13. The eligible costs for the demonstration of the implemented investments may not include
1) expenditure given other EU-grants,
2) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation,
3) financing and banking costs, unless these are due to demands from undertaking-making authority,
4) VAT, unless this is finally borne by the undertaking gardens,
5) expenses that are normally held by public institutions and public enterprises,
6) General operating expenses not related to the project,
7) the cost of the undertaking ' s own work or to pay to the employees of the undertaking gardens, and
8) expenses incurred by undertaking gardens have paid before the Food Business has given permission to launch the project, see. section 4, paragraph 3.
Modification of the project and entry into commitments
§ 14. Food Profession can approve Amendment to a project if the change after Food Business assessment is in accordance with the project's overall purpose. Food Business must approve the application for a variation of a project before the change is implemented.
(2). Commitment amount cannot be increased in connection with changes in the project.
§ 15. Food Profession may on application allow, to another, which, according to section 1 and section 8 may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.
Calculation of the grant
§ 16. Financial assistance for investments can be up to 40% of the eligible expenditure.
(2). The grant may not be calculated on the basis of a total amount of EUR 5.0 million DKK per company.
(3). The grant to the demonstration of the implemented investments may cover up to 60% of eligible expenditure.
Payment of grants
§ 17. Payment of reimbursement is effected on the basis of the statement of the undertaking's 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 Food Profession or via Food Business website.
(2). Grants to investments may be paid in three installments. The individual instalments must represent at least 20 per cent of the total amount of the undertaking.
(3). Food Business may decide that the advance payment of the last installment on the investment is made, the investment seems a Royal Building Inspector.
(4). Request for final payment in accordance with the implementation of investment and demonstration of investment must be received in the Food Business by 1. June 2012. Food Industries can in special cases, grant a derogation from this deadline.
(5). Food Business transfers the financial contribution for the undertaking's NemKonto.
§ 18. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, declare to the Food Profession about whether conditions for 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, to give Food Profession written notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 19.
Cancellation and refund of grants
§ 19. The commitment of grant shall lapse if
1) conditions under which grants are not fulfilled,
2) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision,
3) the project is not carried out in accordance with the approved application,
4) undertaking his duties after rural overrides Gardens section 11, paragraph 2, or
5) undertaking gardens do not comply with its obligation under section 18.
(2). In the cases referred to in paragraph 1 shall take the Food Business decision on repayment of grants. 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 $.
§ 20. Food Profession recognizes the following events as force majeure:
1) Undertaking's death.
2) Expropriation, if any such expropriation could not be foreseen at the time of the undertaking's receipt of the undertaking.
3) A severe natural disaster substantially affects the areas covered by the project.
(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). Food Industries can in exceptional circumstances as force majeure events recognise other than those referred to in paragraph 1.
(4). If undertaking gardens or his estate would to invoke force majeure, it shall be communicated to the 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.
Access to justice
§ 21. Decisions taken by 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 Food Profession. The complaint must be Food Business not later than 4 weeks after receipt of the decision, the appeal relates.
(3). Food Business can reopen a case, after which is lodged a complaint.
Date of entry into force of
§ 22. The notice shall enter into force on 7 August. October 2009 Food Industries, the 5. October 2009 Aren't b. Jackson/Steen Pawn
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