Decree On Subsidies For Measures To Protect And Develop Aquatic Fauna And Flora

Original Language Title: Bekendtgørelse om tilskud til foranstaltninger til beskyttelse og udvikling af den akvatiske fauna og flora

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131970

Overview (table of contents) Chapter 1 Chapter 2 Chapter 3 Administration of scheme content eligible projects Chapter 4 conditions of subsidy Chapter 5 eligible project expenditure Chapter 6 amendment of the project and entry into commitments Chapter 7 Calculation of subsidy Chapter 8 payment of subsidy Chapter 9 obligation Chapter 10 cancellation and repayment of the subsidy Chapter 11 Force majeure Chapter 12 appeals Chapter 13 entry into force of The full text of the Decree on subsidies for measures to protect and develop aquatic fauna and flora in under section 3 of the basic regulation. § 2, nr. 3 (b), section 4, paragraph 2, § 5, article 7, paragraph 4, article 11, paragraph 4, and section 13, paragraph 1, of the lov nr. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) be established under the authority of scheme content: Chapter 1 section 1. Food Business can within the allotted frameworks promise grants to initiatives of common interest intended to protect and develop aquatic fauna and flora while the aquatic environment be improved.
(2). Commitments for grants can be given to public institutions, authorities and organisations in the fisheries sector or self-governing institutions, as the Ministry of food, agriculture and fisheries has approved for the purpose.
(3). Food Industries can apply the available frames in one filing period or distribute it to multiple filing periods.
Chapter 2 Administration authorities and control section 2. Food business 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). After authorization may be another authority under the Ministry of food, agriculture and fisheries, the physical control and the subsequent accounting control.
(4). In paragraphs 1 to 3 shall control authorities need to control can obtain information from other authorities, as necessary, in accordance with the Fisheries Development Act § 12.
Grant application section 4. Application for grant commitments are submitted to Food Profession on a special table, which can be obtained from the food industry or Food business via website.
(2). Application may be submitted from 1. February and must be received in the Food Business by 1. April in the application year. However, the application can be filed in 2010 from the 20. may and must be received in the Food Business by 20. June 2010. Food Industries may provide additional application periods that will be published on the Food Business website no later than 4 weeks before the application deadline. In cases where the last day of the application deadline 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 Industries Announces the commitment of grant for applications received before the deadline and which meet the conditions for reimbursement referred to in article 6. Cape. 1 and 3, after giving priority on the basis of project activities and expected effects, as referred to in paragraphs 2 to 4 shall be taken into account when prioritising relations.
(2). For projects on restoration of watercourses, see. § 8, nr. 1, is included in the context of the priority given to an assessment of whether the project is expected to contribute in the following areas: 1) Improved spawning conditions or reproductive opportunities for fish.
2) Improved passage for migratory species.
3) More and better Habitat for aquatic fauna and flora.
4) contribution to the objectives of the Ministry of food, agriculture and Fisheries action plan for fish care.
5) Positive effects for affected aquaculture facilities.
(3). For projects within the framework of NATURA 2000, see. § 8, nr. 2, are included in the context of the priority given to an assessment of the following: 1) If the project is expected to contribute to reducing the impact on the environment in Natura 2000 areas and optimizing the exploitation of fisheries and aquaculture resources.
2) About the fishing activities covered by the project, has a certain economic or social importance.
3) about the project contributes to the knowledge base, which is included in the development of fisheries management measures in Natura 2000 areas.
(4). For projects relating to direct the release of living aquatic organisms, see. § 8, nr. 3, to be laid in connection with priority emphasis on whether the project contributes to the achievement of a conservation measure in accordance with the terms of a Community instrument.
(5). Fisheries Directorate shall issue at the request of the Food Profession opinion on applications concerning the of section 8, no. 2, referred to project type, including on the activities of the projects are eligible.
§ 6. Food Business can establish one or more undertaking frameworks for each of the project types, see. Cape. 3. Food Business can establish, on the one hand, an undertaking framework, where funding is derived from the Food Ministry's budget appropriation and from EU co-financing from the European Fisheries Fund, on the other hand, an undertaking framework for funds from the European Fisheries Fund for projects co-financed with other public funding than funds from the Ministry of Food Budget appropriation for the implementation of the programme for the development of the Danish fisheries and aquaculture sector.
§ 7. If the application can be accepted providing Food Business commitments for grants.
(2). Food Profession can give whole or partial rejection of the applications with reference to a priority undertaking frames that are set aside for each of the project types for that filing period. Food industries can also refuse the applications when the food Profession believes that the effect of the applied project did not adequately contribute to the scheme's purpose.
Chapter 3 eligible actions § 8. Commitments on subsidies may be granted for: 1) Projects concerning the restoration of watercourses, including migratory species spawning and nursery grounds and migration routes for.
2) comprehensive studies on knowledge building Projects or the development of measures relating to fisheries which can be included in the efforts to improve the State of the environment in Natura 2000 areas, if the projects directly include possible commercial fishing activities.
3) projects for direct restocking of living aquatic organisms, regardless of whether they are produced in hatcheries or fished elsewhere, provided that the release is part of a conservation measure in accordance with the terms of a Community instrument.
Chapter 4 conditions governing grants section 9. It is a condition of grants, 1) to the total eligible cost of the project amounts to at least 50000 DKK, 2) to the necessary authorisations from public authorities achieved 3) that the applicant shall deliver the information that Food Business requests for use of the procedure, 4) that the project be completed at the latest at the time specified in the application, but not later than 18 months after the date of the undertaking unless Food Business shall grant derogations, 5) that undertaking gardens submit final withdrawal request and project report in due time, without prejudice. section 15 (3), (6)) that the project is maintained by undertaking gardens for a period of at least five years from the date of the commitment, and 7) that the withdrawal request and the original accounting documents shall be kept available until 31. December 2021.
(2). 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.
(3). Undertaking gardens are required to submit a report on the project's effects 2 and 5 years after the final payment of the grant. In the undertaking stipulates what information must be provided in the reports.
(4). Food Industries can in the undertaking, establish additional conditions for the grant.
Chapter 5 eligible project costs section 10. Eligible expenditure may include 1) investment costs for the recovery of streams, including the setting up of spawning grounds and migration routes for, 2) expenditure relating to the preparation of studies in NATURA 2000 areas that have an impact on commercial fishing, 3) the cost of the architectural and engineering fees and other costs of the design, 4) the cost of the certificate of paid expenses, 5) the cost of procurement, production and transport of aquatic organisms in connection with reimbursement for direct restocking , 6) the cost of project reporting, and 7) other expenses, such as food Industries assesses to be necessary in order to implement the project.
§ 11. The expenditure eligible for financing may not include 1) General operating costs, 2) expenditure qualifying for other EU grants in accordance with other legislation, 3) arrangements or facilities designed to attract fish, 4) expenditure incurred before the Food Business undertaking gardens have given permission to launch the project, see. § 4 (3)
5) expenditure relating to activities in which the undertaking gardens is committed to implement pursuant to other legislation, 6) financial, audit, legal and banking costs, unless these are due to demands from undertaking-making authority, 7) VAT, unless this definitively borne by undertaking gardens, and 8) acquisitions of aquaculture facilities with a view to closing the production.
(2). Notwithstanding paragraph 1, no. 4, the candidate may, for applications relating to projects subject to section 8, no. 3 made in 2010 in the section 4, paragraph 2 2. sentence stipulated application period, get approved eligible expenditure incurred on or after 1. April 2010 or later.
Chapter 6 amendment of the project and entry into the commitments section 12. 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.
§ 13. Food Profession may on application allow, to another, which, according to section 1, paragraph 2, may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking.
Chapter 7 Calculation of reimbursement section 14. Food Business after this Ordinance can provide a grant of up to 50 per cent of the eligible costs for the projects of river restoration, see. § 8, nr. 1, and for projects involving the deliberate release, see. § 8, nr. 3. For projects on NATURA 2000 see. § 8, nr. 2, grant can cover up to 100% of approved eligible expenses.
(2). Grants for River restoration, see. § 8, nr. 1, and grants for deliberate release, see. § 8, nr. 3 shall be granted only if the applicant can demonstrate that the subsidy granted by other public funds of at least the same amount as grant after this notice constitutes.
Chapter 8 payment of the grants section 15. Payment of grants on the basis of the undertaking ' s statement of paid eligible project costs must be documented. Request for payment of the reimbursement shall be made on a special form and be accompanied by a declaration from a registered public accountant or certified public accountant. Forms and form to the auditor's statement are available by contacting the Food Profession or via Food Business website.
(2). Grants may be paid in until 2 installments. The individual instalments must represent at least 20 per cent of the total amount of the undertaking.
(3). Request for final payment must be Food Business not later than three months after the project is completed. Food Industries can in special cases, grant a derogation from this deadline. Final withdrawal request must be accompanied by a project report.
(4). The grant is transferred to the undertaking's NemKonto.
Chapter 9 obligation § 16. 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 business notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 17.
Chapter 10 cancellations and repayment of grants section 17. 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 fisheries development overrides Gardens section 11 (2), (3)) the undertaking does not comply with his obligation after Gardens § 16, 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 § 18. Food Profession recognizes the following events as force majeure: 1) if such Expropriation could not be foreseen by the undertaking period.
2) A severe natural disaster substantially affects the undertaking's activities.
(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.
§ 19. If undertaking gardens wants 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 is able to do it. the communication must be accompanied by adequate documentation.
Chapter 12 redress section 20. Decisions of 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 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.
Chapter 13 the date of entry into force of § 21. The notice shall enter into force on the 20. May 2010.

Food Industries, the 18. May 2010 Aren't b. Jackson/Steen Pawn