Decree On Grants For Demonstration Projects On The Conservation And Sustainable Use Of Plant Genetic Resources For Agriculture And Food

Original Language Title: Bekendtgørelse om tilskud til demonstrationsprojekter om bevaring og bæredygtig udnyttelse af plantegenetiske ressourcer for jordbrug og fødevarer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123370

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 Criminal provisions

Chapter 14 entry into force The full text of the Decree on grants for demonstration projects on the conservation and sustainable use of plant genetic resources for agriculture and food

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 can, within the framework of the annual finance laws promise grants for demonstration projects on the conservation and sustainable use of plant genetic resources for agriculture and food.

(2). Commitments for grants can be given to museums, private companies, public companies, foundations, associations, organizations, government agencies and local communities.

Chapter 2

Administration

Authorities and control

§ 2. Ministry of food, agriculture and fisheries at the Food Profession shall take a decision 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.

Grant application

§ 4. Application 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). In 2009 can be submitted from the application 6. February and must be Food Business not later than the 24th. March 2009. From 2010 may application filed from the 15. August and must be Food Business not later than 1 January 2006. October of the same year, or in cases where the 1. October is a Saturday, Sunday or Monday, the second weekday (Saturday excluded) that follows thereafter.

(3). Food Industries can in special cases, grant derogations from the application periods referred to in paragraph 2.

(4). Food Business shall acknowledge of receipt of the application and may in this connection grant permission to launch the project.

Prioritization and decision

§ 5. After expiration of the deadline shall take a decision on the undertaking or refusal of Food Business.

(2). Decision shall be taken on the basis of a priority of applications on the basis of an assessment of the project's total cost, and the project's contribution to the overall fulfilment of the purpose of the scheme, see. section 7, paragraph 1, including the conservation of plant genetic resources on-farm and the opportunity to strengthen cooperation within the region. Food Industries can obtain external priorities, for use by professional assessments of the applications.

§ 6. If the application can be accommodated, gives Food Business commitments for grants.

(2). There can be total or partial rejection of the applications with reference to a prioritization of the allocation of the annual budget bill.

(3). 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.

Chapter 3

Eligible projects

§ 7. Subsidies can be granted for projects that can help to increase interest for the plant genetic resources and increase the prevalence of older plant varieties suitable for environmentally friendly operation and for food, and thereby to contribute to the conservation and sustainable use of plant genetic resources for agriculture and food, including increasing diversity in agriculture and to provide a basis for the production of local foods on the basis of locally adapted plant varieties.

(2). Projects should aim to produce, disseminate and propagate the interest for the conservation and sustainable use of plant genetic resources in agriculture, and demonstration and dissemination activities must be geared towards the general public. Each project must be for one or more species and varieties of it in § 8 listed plant material at least





1) demonstration of cultivation, which can help to get assessed and demonstrated it included plant material suitability to organic and other eco-friendly cultivation, and in the case of perennial vegetative-reproduced plants to get established duplicates of existing clone collections or

2) demonstration of the use of the included plant material for food, which can help to get assessed it included plant material fitness for human consumption.





(3). Projects may include activities aimed at the dissemination and distribution of the covered plant material for the use of environmentally-friendly operation. The projects can be based on prior research and pilot projects, but must not contain research or technological development.

§ 8. Plants that can be included in the projects include the following:





1) Grains, in which the variety is not in commercial use, and in which the variety is or can be registered at NordGen.

2) Following perennial vegetative propagated plants, where the variety is not in commercial use, and in which the variety is or can be registered at The Faculty of life sciences causes dissipation, University or Faculty of agricultural sciences, Aarhus University (DJF-ÅU): Apples, pears, plums, cherries, sour cherries, walnut, hazelnut, black currant, raspberries, gooseberries, currants, blackberries, elder, hops, strawberries, rhubarb, Horseradish and Jerusalem artichokes.

3) seed-raised vegetables in the cabbage and root vegetables, where the variety is not in commercial use, and in which the variety is or can be registered at NordGen.





(2). Food Profession can approve projects with varieties of other plant species for food than those referred to in paragraph 1 shall, if





1) the variety is not in commercial use,

2) variety is or can be registered with NordGen, Faculty of life sciences, University of Copenhagen, or causes dissipation DJF-ÅU, and

3) Food Industries estimates that the project can make a significant contribution to the fulfilment of the purposes of the scheme.





Chapter 4

Conditions for grant

Permissions from public authorities, etc.

§ 9. 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 that Food Business requests for use of the procedure,

3) that the project be completed at the latest at the time specified in the application, but not later than three years after the date of the undertaking, unless Food Business shall grant derogations,

4) that undertaking gardens on request shall make a written report of the project status for the Food profession

5) that undertaking gardens submit final withdrawal request and project report in due time, without prejudice. Article 20, paragraph 2,

6) that withdrawal requests associated with the original accounting documents shall be kept available for at least 5 years from the date of the final payment of the contribution, and

7) that undertaking gardens shall ensure that the inspection authority in connection with control has access to areas and activities covered by the project throughout the period in which land is used, and where activities are implemented in the project, and in the case of areas with perennial vegetative propagated plants in until 5 years after the end of the project.





Cultivation of plants, etc.

§ 10. It is a condition of grant for a project, as referred to in section 7, paragraph 2, no. 1 that the plants covered by the project, are grown without the use of fertilisers and plant protection products, except for plant protection products, which is permitted in organic agricultural production in Denmark.

§ 11. Grants for a project, as referred to in section 7, paragraph 2, no. 1, and where the project involves the perennial vegetative propagated plants, are also subject to the following:





1) The perennial vegetative propagated plants are to be placed on land that is owned by public institutions or museums, or on land, as for Food Business assessment increases the probability of a preservation of established plants over the long term.


2) upon termination of the cultivation of plants within a period of five years after the end of the project must notify, in writing, prior to undertaking gardens DJF-ÅU accordingly and ensure DJF-ÅU access to retrieve the plants. If plants die within a period of five years after the end of the project, is undertaking gardens obliged without undue delay in writing to inform DJF-ÅU thereof.





§ 12. 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.

(2). Food Industries can in the undertaking, establish additional conditions for the grant, including on





1) obligation to at the end of the project free of charge to offer one or more institutions shall be determined by the Food Business, and which, among other things. may include DJF-ÅU, sowing of cereals and seeds from the project, unless the undertaking provides evidence that the material referred to the gardens will be used by the undertaking or by other than the gardens mentioned institutions for cultivation,

2) that the project report, see. Article 20, paragraph 2, shall include an assessment of the suitability of the project included plant material for eco-friendly cultivation and for food, and

3) targeting of demonstration and dissemination activities of land users, businesses and the like.





The signing of the undertaking

§ 13. It is a condition of grant for a project, the applicant shall sign the undertaking and shall submit the signed commitments to Food Industries. The applicant can use the digital signature on receipt of signed commitments. The signed commitments must be Food Business not later than 4 weeks after receipt of the applicant's undertaking. Food Industries can in special cases, grant a derogation from this deadline.

Chapter 5

Eligible project costs

§ 14. The eligible project costs may include





1) expenditure on the purchase of goods and services, including consulting and contract services

2) the cost of the rent of equipment, that are directly related to the project,

3) the cost of the training and instruction of personnel who are engaged in the implementation of the project,

4) expenditure relating to information and publicity, including the production of information materials and the Organization of open days for the displaying of the cultivated land and food within the scope of the project,

5) impairment during the period in which the project is being carried out on investments in equipment, that are directly related to the project,

6) the cost of the salaries of staff involved in the project, including salary for the undertaking's own work, in so far as these costs are not usually funded by public institutions, public enterprises or municipal communities,

7) the cost of the implementation of the project, including loss of income by operation of cultivated land covered by the project, travel costs, rental of premises, coordination costs,

8) cost of propagation of plant genetic resources,

9) expenditure on distribution of plant genetic resources in agriculture,

10) the cost of the certificate of paid expenses and

11) expenditure on project reporting, including statements of the project status.





(2). Expenses in accordance with paragraph 1, nr. 5, is eligible in relation to the use of the equipment in the project.

(3). Food Profession may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, that expenditure is essential for the implementation of the project.

§ 15. The eligible project costs may not include





1) expenditure incurred by the undertaking gardens have paid in Food Industries has given permission to launch the project, see. section 4, paragraph 4, however, if such authorisation is not given, the cost, as the undertaking has paid before the signing of the undertaking, the undertaking's

2) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation,

3) expenditure qualifying for aid under other legislation

4 income and expenditure), which relates to the operation of land, and which can be assimilated to Regulation pursuant to other legislation,

5) financing and banking costs, unless these are due to demands from undertaking-making authority,

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

7) expenditure on research and technological development and

8) costs as a result of the rules in the Food Business announcement on cross-compliance.





Chapter 6

Modification of the project and entry into commitments

§ 16. Modification of a project may be approved by the Food Business on the condition that the change in accordance with the Food Business assessment is in accordance with the purpose of the project. Application for amendment of a project must be approved by the Food Profession before the change is implemented.

(2). Commitment amount cannot be increased in connection with changes in the project.

§ 17. Food Profession may on application allow, to another, which, according to § 1 may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.

(2). Application in accordance with paragraph 1 must be submitted on a special form, which can be obtained from the food industry or Food Business via website.

Chapter 7

Calculation of the grant

§ 18. Subsidies may be granted up to 100% of eligible expenditure. The eligible costs may only include the expenditure necessary for the implementation of the project. The commitment of grant may not exceed a commitment amount determined by the Food industry in undertaking for reimbursement.

Chapter 8

Payment of grants

§ 19. 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 or from local government audit. For State institutions, however, that the Declaration made by the project manager and the responsible leadership. Form and declaration form please contact the Food Profession or via Food Business website.

§ 20. Grants may be paid in up to 3 instalments.

(2). Final withdrawal request must be accompanied by a project report and be received in Food Profession within six months after the project is completed. Food Industries can in special cases, grant a derogation from this deadline.

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

Chapter 9

Obligation

§ 21. 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 in writing to give the Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 22.

Chapter 10

Cancellation and refund of grants

§ 22. The commitment of grant shall lapse if





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

2) undertaking his duties after rural overrides Gardens section 11 (2)

3) undertaking gardens does not meet his obligation under section 21,

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

5) conditions for reimbursement are not met.





(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 $.

Chapter 11

Force majeure

§ 23. 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 at the time of the signing of the undertaking of the applicant.

5) A severe natural disaster, which significantly affect land or facility used in 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.


§ 24. 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.

Chapter 12

Access to justice

§ 25. 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 the complaint has been lodged.

Chapter 13

Criminal provisions

section 26. 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 14

Entry into force of the

§ 27. The notice shall enter into force on the 6. February 2009.

(2). The Ordinance shall not apply to applications for entry into commitments etc., which relate to the commitments given pursuant to regulations under the rural development programmes from before 2007 or order No. 249 of 14. April 2008 for grants for demonstration projects on the conservation and sustainable use of plant genetic resources for agriculture and food.

(3). Executive Order No. 249 of 14. April 2008 is repealed. Executive Order No. 249 of 14. April 2008 shall, however, remain applicable to applications for grants received in Food profession before the entry into force of the present publication, for commitments for grants pursuant to the mentioned applications, and for applications for entry into commitments, etc., relating to the above-mentioned commitments.
Food Business, the 3. February 2009 Aren't b. Jackson/Steen Pawn