Overview (table of contents) Chapter 1 Purpose and content
Chapter 2 Organization and administration
Chapter 3 Allocation of grants, etc.
Chapter 4 cancellation and refund of grants
Chapter 5 accountability and control, etc.
Chapter 6 Delegation and redress
Chapter 7 penal provisions, etc.
Chapter 8 entry into force, etc., The full text of the law on green development and demonstration program
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
Purpose and content
§ 1. The law's purpose is sought item taken through a research and innovation efforts, which are organised in a green development and demonstration programme in the field of food, agriculture, fisheries and aquaculture area. The programme shall be known as GUDP.
(2). Under GUDP grant for projects contributing to a competitive and sustainable food and non-food production, including contributing to the development of vocational potentials, growth, employment, the working environment and further development of a market-driven organic sector, while ensuring a high level in the following areas:
1) Climate, environmental and nature protection.
2) animal welfare.
3) food safety and health.
(3). Grants, see. paragraph 2, shall be granted to
1) development and demonstration projects, as well as to research projects that create the basis for the implementation of development and demonstration projects,
2) promote active cooperation between public and private actors and
3) reinforcement of the interaction between GUDP and international programs on food, agriculture, fisheries and aquaculture area.
Organisation and administration
§ 2. The Minister of food, agriculture and fisheries shall appoint a Board of GUDP. The Board consists of a Chairman and seven members.
(2). Four members of the Board shall be appointed on the recommendation of the Minister for economic and business affairs, respectively, Minister of the environment, the Minister of science, technology and development, as well as the Minister for climate and energy.
(3). The Management Board shall be appointed for a period of four years with the possibility of genudpegning.
§ 3. Ministerenfor food, agriculture and fisheries, the Secretariat shall make available to the Board of GUDP.
(2). The Minister shall determine the Board's rules of procedure.
(3). The Minister may lay down rules about the Board's access to the delegation to President and Secretariat, including on matters of urgency.
§ 4. The Management Board shall draw up proposals for the strategy for the GUDP regarding challenges and utilization of potentials in the development of a competitive and sustainable food, agriculture, fisheries and aquaculture sector. The Management Board shall draw up proposals for an action plan for concrete action points under GUDP, including established quantifiable targets and indicators for the effort. The action plan serves as the basis for the Board's call for project applications within the Act's purposes.
(2). The Board obtains in connection with specific ecological research efforts aimed at creating the basis for the implementation of development and demonstration projects on the ecology of the area, setting about the focus areas, etc., from the Board of the International Centre for Research in organic agriculture and food systems, called ICROFS.
(3). The Minister of food, agriculture and fisheries approves the Board's proposal for a strategy and action plan.
§ 5. The Board shall seek the professional advice of the Danish Strategic Research Council research in accordance with the law on research advice, etc., the Board of Directors may also obtain technical advice from the Danish Strategic Research Council research regarding other project applications in accordance with the law on research advice, etc.
(2). The Board shall seek professional advice concerning the ecology of the area with The Organic Fødevareråd of the basic regulation. § 4 in the økologiloven.
(3). The Board of the GUDP obtains recommendation from the Board of the ICROFS concerning applications for reimbursement for ecological research activities.
(4). The Board shall seek the prior preparation of draft strategy and action plans, advice from relevant authorities and stakeholders in the fields of food, agriculture, fisheries, aquaculture and environment sector.
§ 6. The Board advises the Minister for purposes of the act within the food, agriculture and fisheries on relevant initiatives, including those related to combating barriers to the implementation of new knowledge and competitive and sustainable technology in the fields of food, agriculture, fisheries and aquaculture area.
(2). The Board may, within the Act's purpose to advise on arrangements for reimbursement, which may be granted by the Minister pursuant to the Act and the Fisheries Development Act rural district.
(3). The Minister may lay down rules about the Board's advice in accordance with paragraph 2.
§ 7. The Board shall give its recommendation to the Minister of food, agriculture and fisheries concerning organisation of study costs, evaluation and impact assessment of interventions, etc. within the Act's scope as well as the dissemination of the results of the effort.
§ 8. Ministerenfor food, agriculture and fisheries, lays down rules for the implementation of the law and whether
1) accounts and audit relating to projects for which there is given the commitment of grant,
2) publication of results of the projects given the commitment of grant,
3) disbursement of grants and contributions granted under law,
4) evaluation of GUDP and
5) development of annual report.
The award of grants, etc.
§ 9. The Management Board shall decide on the basis of the action plan, see. § 4 (1) of the decision on the use of the appropriation provided for in the annual finance acts, and a resolution on the convening of the project applications.
(2). Ministerenfor food, agriculture and fisheries sets out, among other things. in accordance with the EU's rules on State aid rules for granting ´ of project grants, including the grant conditions and maximum reimbursement rates.
(3). The Minister may lay down rules on grants for projects that can achieve on its own after other legislation, including that which can not be co-financed under this Act.
§ 10. The Board of Directors shall decide about the commitment of grants for development and demonstration projects as well as research projects that create the basis for the implementation of development and demonstration projects.
(2). For the purpose of determining whether to grant the Board of Directors shall make commitments provided an assessment of the fulfilment of the Act's purpose, project proposal's novelty, professional quality, impact, relevance, social and professional terms, as well as organizational matters.
(3). The Board publishes in connection with calls for project applications the maximum grant rates shall be applicable to the projects, which summons relate. However, section 9, paragraph 2. The Board also publishes the criteria under paragraph 2 are included in the assessment of individual project grant applications.
§ 11. Commitments for grants under section 10 may be given to projects implemented by
1) owners, tenants and users of agricultural holdings, commercial fishing and aquaculture facilities,
2) private companies and trade associations and the like,
4) self-governing institutions,
5) public and private research institutions and
6) groups or associations of the under nr. 1 – 5 mentioned parties.
§ 12. The Board of Directors may promise grants for projects that promote cooperation between public and private actors, as well as to projects that strengthen the interaction between GUDP and international programmes and activities, which relate to the law's scope.
(2). The Board of Directors may make contributions to international programmes in the field of research, development, innovation and demonstration, if the Board believes that the cooperation will be beneficial for the development of the Danish food, agriculture, fisheries and aquaculture sectors, and is satisfied that the funds will be distributed in an open competition and after a professional quality assessment, see. However, paragraph 3.
(3). The Board's allocation of funds for the forums, which leads and manages international programs, see. paragraph 2, shall be authorised by the ministerenfor food, agriculture and fisheries with respect to the size of the funds, the legal framework for the International Forum's allocation of resources, its general authorisation conditions and its financial reporting and auditing.
§ 13. It is a condition of obtaining commitments for grants in accordance with the law, that the project or activity is not commenced before that is promised.
Cancellation and refund of grants
§ 14. The Minister of food, agriculture and fisheries shall lay down rules to the effect that the subsidy must be repaid in whole or in part in cases where the beneficiary on the basis of the grant has achieved a commercial earnings.
§ 15. Grants under this law shall lapse if
1) the beneficiary has made false or misleading information or has concealed information in relation to the merits of the decision,
2) conditions for grants are no longer fulfilled, or
3) beneficiary supercedes his duties pursuant to law or the provisions laid down in pursuance of the law.
(2). The Minister of food, agriculture and fisheries may lay down rules on the reimbursement of paid grants and decide on the lapse of subsidies in accordance with paragraph 1.
(3). Grants, which must be repaid, without prejudice. (2) must be repaid with interest. Interest allowance shall be calculated from the time of notice of repayment, the repayment is done, and with the reference rate plus, there set out in renteloven. Interest allowance, however, is at least 50 us $.
Accountability and control, etc.
§ 16. The beneficiary must throughout the period in which the conditions for reimbursement under the law or regulations issued pursuant to the Act must be met, notify the Minister of food, agriculture and fisheries, if the conditions for allowance are no longer fulfilled.
(2). The beneficiary must throughout the period in which the conditions for reimbursement under the law or regulations issued thereunder must be met, at the Minister's request, declare whether or not the conditions for grants continue to be fulfilled.
§ 17. The Minister of food, agriculture and fisheries or the Minister authorizes it, have at any time against proper identification without court order access to sites owned or operated by a natural or legal person who has received commitments for grants in accordance with the law. In a similar way, the Minister or the Minister authorizes it, access to accounts, business books, papers, etc., including material that is stored in electronic form, in order to provide information for the solution of tasks in accordance with the law or to the rules laid down in accordance with the law.
(2). The one that has received the commitment of grant, shall, at the request of the Minister or the Minister authorizes it, provide the necessary guidance and assistance in the implementation of the control, and the material referred to in paragraph 1 shall be handed over or are submitted to the Minister or the Minister authorizes it, when requested.
(3). The police shall provide, where necessary, assistance for the implementation of the checks referred to in paragraph 1. The Minister of food, agriculture and fisheries can be negotiated with the Minister of Justice establishing rules accordingly.
(4). The Minister of food, agriculture and fisheries may lay down rules on the control of projects qualifying for reimbursement in accordance with the law.
§ 18. The Minister of food, agriculture and fisheries or the Minister authorizes it, at other public authorities can obtain the information needed to check compliance with the law and the regulations issued pursuant to law, for the purpose of directory interoperation and compilation of information for control purposes.
Delegation and redress
§ 19. Assign the Minister for food, agriculture and fisheries of its powers under the law to an authority under the Ministry, the Minister may lay down rules on access to complain about the Authority's decision, including whether to appeal cannot be brought before another administrative authority, and on the Authority's access to reopen a case, after a complaint has been filed.
(2). Decisions of the Board of GUDP in accordance with the law or in accordance with regulations issued under the law can only be appealed to the Minister in respect of legal issues.
Criminal provisions, etc.
§ 20. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine, the
1) shall give false or misleading information or conceals information relevant to decisions taken in accordance with the law, and moreover shall give false or misleading information or conceals information, which the person concerned has an obligation to submit pursuant to section 16 and section 17, paragraph 2.
2) acting in contravention of the conditions set out in a decision taken in accordance with the law,
3) fails to disclose or submit the documentation or provide the information, including information and documentation, etc., stored in electronic form, by the person concerned shall be obliged to furnish or submit pursuant to section 16 and section 17, paragraph 1,
4) fails to give the Inspector access to fishing vessels, agricultural holdings, research institutions or enterprises et al., who have received commitments for grants in accordance with the law, in accordance with article 3. section 17, paragraph 1, or
5) fails to provide the inspection authority guidance and assistance in the implementation of controls under section 17, paragraph 2.
(2). In regulations issued under the law, can be fixed penalty of fines for violation of the provisions of the regulations or of the conditions which shall be determined pursuant to the rules.
(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Entry into force, etc.
§ 21. The Minister of food, agriculture and fisheries shall fix the time of the Act or parts of the entry into force of the Act and can including provide that parts of the law may come into force at different times.
(2). The Minister shall determine the time of the repeal of law No. 421 of 31. May 2000 on a financial contribution to the promotion of innovation, research and development, etc. in the food, agriculture and fisheries sector (innovation law).
(3). Applications filed before the date of repeal of the law referred to in paragraph 2, will be treated in accordance with the preceding rules in force.
§ 22. The law does not apply to the Faroe Islands and Greenland.
Given at Marselisborg Palace, 27. December 2009 Under Our Royal hand and Seal MARGRETHE r./Eva Kjer Hansen