Decree On Subsidies For Investment In New Technologies In Food Processing

Original Language Title: Bekendtgørelse om tilskud til investeringer i nye teknologier inden for forarbejdning i fødevaresektoren

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=132752

Overview (table of contents) Chapter 1 purpose and content of the scheme Chapter 2 Definitions Chapter 3 Chapter 4 conditions governing grant Administration Chapter 5 eligible project expenditure Chapter 6 amendment of the project and entry into commitments Chapter 7 obligation Chapter 8 cancellation of commitments and repayment of the subsidy Chapter 9 Force majeure Chapter 10 appeals Chapter 14 entry into force The full text of the Decree on subsidies for investments in new technologies for processing in the food sector under section 3 without prejudice to article. § 2, nr. 2 (b), article 5, article 6, paragraphs 4 and 5, article 7, paragraph 4, article 11, paragraph 4, section 12 and section 13, paragraph 1, of the lov nr. 316 of 31. March 2007 on rural (rural code), shall be established under the authority of the scheme's purpose and content: Chapter 1 section 1. The purpose of the scheme is to support technological development in processing in the food sector in order to strengthen the productivity and value added.
(2). The commitment can be given grants for projects of investment in new technologies for processing of primary agricultural products covered by Annex I to the Treaty, and to strengthen productivity and value added.
(3). Commitments for grants can be given to businesses which process primary agricultural products covered by Annex I to the Treaty.
Chapter 2 Definitions section 2. By technologies news value, for the purposes of this Ordinance the degree of dissemination in Denmark.
(2). Small and medium-sized enterprises are defined in this Ordinance as companies that fall within the definition of small and medium-sized businesses, see. Commission recommendation of 6 May 2003. May 2003.
Chapter 3 Administration authorities and control section 3. Food Business shall take a decision in accordance with this Ordinance.
(2). Food Business shall carry out checks in connection with the Administration after this announcement. On-the-spot checks as part of the administrative control, should be carried out by the Profession, or the Food Business empowers it.
(3). The Danish plant Directorate carries out the physical checks and the subsequent accounting controls, see. Executive order on the Danish plant Directorate functions and powers.
(4). Food business and the Danish plant Directorate can to use for checks to obtain information from other authorities, as necessary, in accordance with § 12 rural.
Grant application section 4. Grant application submitted to Food Profession on a special table that is available via the Food Business website or by contacting the Food Profession.
(2). Application may be submitted from 1. July and must be received in the Food Business by 1. September in the application year. Food Industries may provide additional application periods that will be published on the Food Business website no later than four weeks before the start of the application. In cases where the last day of the filing period is a Saturday, Sunday, Monday, or a public holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter.
(3). Food Business shall acknowledge of receipt of the application and may in this connection grant permission to launch the project.
Prioritization and decision section 5. Food Business shall decide on the undertaking on the basis of a priority of applications according to the following criteria: 1) an assessment of the expected effects in relation to the scheme's purpose, including to a) in the case of new technologies that ensure the introduction of products to the market, where it can credibly, that the products will improve the company's value significantly, b) in the case of new technologies that improve the company's operations significantly, and thus improves the company's added value, and c) in the case of investments that have economic potential and sustainability.
2) an assessment as to whether the budget is proportionate to the planned activities and expected effects.
(2). Food Profession may refuse or partial commitments for applications, if the Food Profession believes that the effect of the applied project did not adequately contribute to fulfill the purpose of the scheme or are not sufficient in relation to the project's total cost.
(3). The assessment pursuant to paragraph 1, the Food Business will place emphasis on whether the application is forwarded with appropriate supporting document proving that the planned activities will lead to the expected effects in relation to the scheme's purpose.
(4). Priority will be given to applications through the use of a points system, as determined by the food industry. The criteria for the points system will be published on the Food Business hjemmesidefør application period.
(5). Food Business by the priority of applications can obtain technical assistance in the assessment of projects.
§ 6. If the Food Profession determines that a project application, which has been applied for grants of more than 1.0 mio. DKK, are of particular importance to a regional industrial development in the specific area, the Food Profession project application for the appropriate growth forum for setting.
(2). For project applications, where growth forums give off setting, the setting will be sent to the Food Business at the latest four weeks after the application is received at the relevant project growth forum.
(3). Food Business shall decide on which of the projects to be financed on the basis of the proposal from the relevant growth forum.
Chapter 4 conditions governing grants section 7. It is a condition of grant for a project to 1) the total eligible cost of the project amounts to at least 300,000 DKK, and do not exceed 5 million. DKK, 2) the necessary permissions from public authorities achieved 3) applicant shall deliver the information that Food Business requests for use of the procedure, 4) project be terminated at the time indicated in the application, but not later than two years after the date of the undertaking, unless Food Business shall grant derogations, 5) undertaking gardens submit cash out request and final project report in a timely manner to the Food Business Regulation. § 12, as well as documentation for setup information sign, 6) the project be maintained for three years from the date on which the project should be completed at the latest, however, at least five years from the date the undertaking, 7) withdrawal request with associated original accounting documents shall be kept available for at least five years from the date of final payment of grants, and 8) undertaking gardens ensures that the supervisory authority has access to the project area in connection with the control.
(2). Food Profession establishes in undertaking detailed conditions about the undertaking's obligations to provide information about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers, journals or the like.
(3). There can be only submitted one application per applicant in an application period.
§ 8. Food Industries can in the undertaking, establish additional conditions for the undertaking, including undertaking gardens is committed to participate in the evaluation of the project.
Chapter 5 eligible project costs section 9. The eligible expenses may include the cost of investments at 1) company, 2) the cost of the fee for architect, engineer and other consultancy services in connection with expenses covered by nr. 1 and 3) the cost of testing and test in connection with the investment.
(2). Food Profession may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, to the Food Industries estimates that the cost is of key importance for the implementation of the project.
§ 10. The expenditure eligible for financing may not include 1) expenditure on the purchase of used equipment and stock, 2) the cost of the construction and renovation of buildings, 3) the cost of the rental and leasing of equipment and supplies, 4) expenditure qualifying for public aid or the aid provided for in other legislation, with the exception of guarantees, surety and the like provided by other public authorities, 5) the cost of the VAT unless this definitively borne by undertaking gardens, 6) the cost of the undertaking ' s own work or to pay to the undertaking's personnel in connection with the project, 7) finance and banking costs, and 8) expenses as incurred, before undertaking gardens Food Industries has given permission to launch the project, see. section 4, paragraph 3.
Calculation of reimbursement section 11. Subsidies can be granted with discounts up to 40% of the total eligible project costs for companies that fall under the definition of small and medium-sized enterprises.
(2). Companies that do not fall under the definition of small and medium-sized enterprises, can obtain a grant of 20 per cent of the total eligible project costs, if your company has less than 750 employees or turnover of less than 200 million. EUR.
(3). The eligible costs may only include the expenditure necessary for the implementation of the project.

(4). Granted there are other public support in the form of warranty, guarantee or similar support for eligible expenditure, reduced subsidies under this Ordinance by an amount equal to the aid element in those grants or guarantees, etc.
Payment of grants section 12. Payment of reimbursement is effected on the basis of the undertaking ' s statement of paid eligible expenses, which must be documented. Request for payment of grants must be submitted 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 through Food Business website or by contacting the Food Profession.
(2). Grants may be paid in three installments. Each installment must represent at least 20 per cent of the total amount of the undertaking.
(3). It is a condition of final payment of subsidies to Food Profession have approved rate statements, final statements and final project report, see. § 7 (1) (8). 5. section 13. Request for final payment must be received in the Food Business within three months after the date on which the project must be completed. Food Industries can in special cases, grant a derogation from this deadline. Request for final payment should, in addition to what is required under section 12 (1) shall be appended to the final project report. Final project report must be submitted on a special form, which is available via the Food Business website or by contacting the Food Profession.
§ 14. The grant is transferred to the undertaking's NemKonto.
Chapter 6 amendment of the project and joining the undertaking § 15. 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.
(3). Request for modification of a project must be received in the Food Business not later than two months before the end of the project period. Food Industries can in special cases, grant a derogation from this deadline.
§ 16. Food Profession may on application allow, to another, which, according to section 1, paragraph 3, may be undertaking gardens, occurs in an undertaking. The occurring in the undertaking, assuming rights and obligations after the undertaking.
Chapter 7 obligation section 17. 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 or repayment of grants under section 18.
Chapter 8 cancellation of commitments and repayment of grants section 18. The commitment of grant shall lapse if 1) conditions under which grants are not complied with, see. sections 7 and 8, 2) undertaking gardens have given false or misleading information, or has concealed information of importance for the decision, 3) the project is not carried out in accordance with the undertaking, 4) undertaking gardens overrides his duties after rural section 11, paragraph 2, or 5) if the undertaking does not comply with its obligation gardens under section 17.
(2). In the cases referred to in paragraph 1 shall take the Food Business decision on repayment of grants. By statement of a claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to the repayment happens 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 § 19. Food Profession recognizes the following events as force majeure: 1) Undertaking's death.
2) Undertaking ' s incapacity to work for a longer period of time.
3) Expropriation, if any such expropriation could not be foreseen at the time of the applicant's receipt of the undertaking.
4) A severe natural disaster substantially affects the areas covered by the project.
5) Destruction of the holding's facilities by accident.
(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.
Chapter 10 appeals section 20. 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 and must be received in the Food Business at the latest four weeks after the receipt of the decision, the appeal relates.
(3). Food Business can reopen a case, after which is lodged a complaint.
Chapter 14 the date of entry into force of § 21. The notice shall enter into force on the 1. July 2010.
(2). Executive Order No. 257 by 31. March 2009 for grants for the promotion of innovation relating to the processing of food and the forestry sector through the development, demonstration and investment should be repealed. The notice shall, however, remain applicable for applications pursuant thereto, has been received in the Food Business in the 1. July 2010, as well as for commitment grants as a result of such applications.

Food Industries, the 29. June 2010 Aren't b. Jackson/Steen Pawn