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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Table of Contents

Chapter 1 Content of the scheme

Chapter 2 Administration

Chapter 3 Eligible projects

Chapter 4 Conditions for grants

Chapter 5 Eligible Project Expense

Chapter 6 Amendment of the project and entry into commitments

Chapter 7 Calculation of grants

Chapter 8 Payment of grants

Chapter 9 Notify obligations

Chapter 10 Disposal and repayment of grants

Chapter 11 Force majeure

Chapter 12 Appeal access

Chapter 13 Entry into force

Publication of grants to measures for the protection and development of the aquatic fauna and flora

In accordance with section 3, cf. § 2, nr. 3 (b), 4 (4) (b). 2, section 5, section 7 (4). 4, section 11, paragraph 1. 4, and section 13 (3). 1, in Law No 1. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) shall be adopted according to the authority :

Chapter 1

Content of the scheme

§ 1. In the context of the disclosed framework, the food industry may offer a commitment to initiatives of common interest intended to protect and develop the aquatic fauna and flora at the same time as the aquatic environment is improved.

Paragraph 2. Commitments may be made to public institutions, authorities and organisations in the fisheries sector or self-governing bodies which the Ministry of Food, Agriculture and Fisheries have approved for the purposes of this purpose.

Paragraph 3. Food business may use the allocated frameworks for one application period or distribute it to several application periods.

Chapter 2


Authorities and controls

§ 2. Food business decisions shall take a decision following this notice.

§ 3. The Authority shall carry out checks in connection with the administration following this notice.

Paragraph 2. Food business shall be responsible for the physical checks and the subsequent accounting checks.

Paragraph 3. Under the authority of the Ministry of Food, Agriculture and Fisheries, a different authority may be responsible for the physical checks and the subsequent accounting checks.

Paragraph 4. The people in paragraph 3. 1-3 the control authorities referred to in the case of inspection may, where appropriate, obtain information from other authorities as necessary in accordance with the provisions of the fisheries development law.

Applications for grants

§ 4. Applications for a grant of a grant shall be submitted to the Food Industry on a specific schema which is available by way of a request to the Food Erstice or by the Food Business Homepage.

Paragraph 2. The application may be lodged from 1. Feb and shall be received in Food Erstice at the latest by 1. April of the application wound. However, in 2010, the application may be submitted from the 20. May and shall be received in Food Erstice not later than 20. June 2010. In the case of the Food Industry, additional applications may be set out in the Home Deviation ' s home page no later than 4 weeks before the expiry of the draft application. In the case where last day of the application period is a Saturday, Sunday, Monday or a holiday, the application deadline shall expire on the second weekday (Saturday not counting) that follows thereafter.

Paragraph 3. The Food Industry shall sign on to the receipt and may, in connection with this, permit the implementation of the project.

Prioritizing and decision

§ 5. The Food Erstice shall be committed to grants for applications received before the expiry of the application period and which meet the conditions for grants, cf. Cap. 1 and 3, having a priority on the basis of the projects ' s activities and the expected effects, in accordance with paragraph 1. The ratio of 2 to 4 shall be taken into account in the priority.

Paragraph 2. For projects on the restoration of water running, cf. § 8, nr. 1, in the context of the priority, an assessment of whether the project is expected to contribute within the following areas :

1) Improved spaw-end or reproduction for fish.

2) Improved passage for migratory species.

3) More and better habitats of aquatic fauna and flora.

4) Contributions to the objectives of the Ministry of Food, Agriculture and Fisheries Action Plan for Fish Care.

5) Positive effects for the aquatic plant concerned.

Paragraph 3. For projects within the framework of NATURA 2000, cf. § 8, nr. 2, in the context of the priority, an assessment of the following shall be :

1) Whether the project is expected to contribute to the reduction of the environmental impact of Natura 2000 sites and the optimisation of the exploitation of fisheries and aquaculture resources.

2) Whether or not the fishing activities that are being dealt with in the project have a certain economic or social significance.

3) Whether the project contributes to the knowledge base which forms part of the development of fisheries management in Natura 2000 sites.

Paragraph 4. For projects relating to the direct release of live aquatic organisms, cf. § 8, nr. The third priority shall be given to the priority given to whether the project contributes to the fulfilment of a conservation measure under a Community act.

Paragraph 5. The Fisheries Directorate shall, at the request of the Committee on Fisheries, deliver an opinion on applications relating to the application in section 8 (s). The project type referred to in paragraph 2, including the activities of the projects, shall be eligible.

§ 6. Food business may determine one or more forsagnafs for each project type, cf. Cap. 3. Food business operators may, in this context, establish a financial envelope where the financing is derived from the Finance Bill appropriation of the FDA and from EU co-financing from the European Fisheries Fund, on the one hand a grant framework for funds from the European Fisheries Fund ; European Fisheries Fund for projects co-financed by public funds other than funds from the Ministry of Finance for the implementation of the programme for the development of Danish fisheries and aquaculture.

§ 7. If the application can be accommodated, the Food Business Authority is committed to grants.

Paragraph 2. A full or partial disclaion of applications with reference to a priority shall be given to the grant of a priority of the grant framework for each project type for the period concerned. In addition, food professions may be refused on applications when the Authority assesses the effect of the effect of the project not adequately contributing to the scheme ' s intended purpose.

Chapter 3

Eligible projects

§ 8. Supplements shall be eligible for aid :

1) Projects related to the restoration of water flows, including the alleyway and emerging places of migrant species, and waterways.

2) Projects comprehensive studies for the knowledge-building or development of measures relating to fisheries, which may be included in the efforts to improve the environmental status of Natura 2000 areas where the projects directly include possible ; business fishing activities.

3) Projects relating to the direct release of live aquatic organisms, whether produced in clerical or fished elsewhere, provided that the release is part of a conservation measure in accordance with a Community act.

Chapter 4

Conditions for grants

§ 9. It is a condition of subsidies,

1) the total amount of eligible expenditure on the project shall amount to at least 50,000 kr;,

2) that the necessary authorisations from public authorities are obtained ;

3) to provide for the information requested by the Food and Food Industry, for the purposes of the proceedings,

4) no later than 18 months after the date of the year, the project shall be concluded by no later than 18 months after the date of the date of the date of the date of the date of the date of the date of the date.

5) the tiller holder shall submit final payment request and the project report in good time, cf. Section 15 (3). 3,

6) the project is maintained by the tilt-holder for a period of at least five years from the date of undertaking and

7) the payment application and original accounting documents shall be kept available until 31. December 2021.

Paragraph 2. In the case of detailed rules on the undertaking ' s obligation to inform on the public contribution of the project and to publicise information about the project on the webpage ' s home page or in the relevant state, journals and journals.

Paragraph 3. The Present Sea shall be obliged to submit a report on the project ' s effects 2 and 5 years after the closing down payment of grants. The case shall be determined the information to be given in the reports.

Paragraph 4. In the case of the defendant, the supplementary conditions may be subject to additional conditions for grants.

Chapter 5

Eligible Project Expense

§ 10. Eligible expenditure may include :

1) investment expenditure for the recovery of water flows, including the establishment of spaw-banks and waterways ;

2) expenditure on the preparation of studies in NATURA 2000 areas which are relevant to the fishing industry,

3) expenditure for architectural and engineering fees and other costs for the design ;

4) costs to the attestation of paid expenses ;

5) expenditure on the purchase, production and transport of aquatic organisms in the case of direct release grants ;

6) project reporting costs ; and

7) any other expenditure which the Food Industry considers to be necessary to implement the project.

§ 11. The eligible expenditure may not include :

1) common operating costs,

2) expenditure on which other EU grants are provided under other legislation ;

3) any orifices or installations intended to attract fish ;

4) the expenditure incurred by the Saver prior to the Authority have been authorised by the Authority to initiate the project, cf. Section 4 (4). 3,

5) expenditure relating to activities to which the saver is required to carry out in accordance with other legislation ;

6) financial, auditing, legal and monetary costs, unless these are due to the requirements of the forsading authority,

7) VAT unless this final beaker is finally worn by the saver shaver ; and

8) the purchase of aquaculture facilities for the closure of production.

Paragraph 2. Notwithstanding paragraph 1 1, no. 4, may apply for applications for projects covered by § 8, nr. 3, which shall be submitted in 2010 in the section in section 4 (4). TWO, TWO. a period laid down shall be granted eligible expenditure incurred by the grant of the grant of the grant of the eligible expenditure. April 2010 or later.

Chapter 6

Amendment of the project and entry into commitments

§ 12. Amendment of a project may be approved by the Authority on condition that the change in accordance with the project's purpose is in accordance with the project's objectives. The application for a change to a project must be approved by the Food Industry prior to the implementation of the amendment.

Paragraph 2. The amount of the amount may not be increased in connection with changes to the project.

§ 13. In accordance with the application of Article 1 (1) of the Committee on Food business, another person may, in accordance with paragraph 1, 2 may be a Pressure Shaver shall enter a pledge of grants. The entry into the defendant shall enter into rights and obligations in accordance with the case.

Chapter 7

Calculation of grants

§ 14. In accordance with this notice, the Food Industry may grant a grant of up to 50%. of the eligible expenditure on water-drainage projects, cf. § 8, nr. 1, and for projects that include the statement, cf. § 8, nr. 3. For projects on NATURA 2000, cf. § 8, nr. 2, the subsidy may be up to 100%. of the eligible grant of the eligible expenditure.

Paragraph 2. Allocation for drainage restoration, cf. § 8, nr. 1, and subsidies for the release, cf. § 8, nr. 3, only where the applicant can substantiate that other public funds have been provided on at least the same amount as the grant of this notice shall be granted.

Chapter 8

Payment of grants

§ 15. The payment of grants shall be made on the basis of the account of the attributable to the eligible project expenditure to be documented. The grant of payment of grants must be carried out on a special schema and shall be accompanied by an auditor declaration by a registered or certified auditor. The form and form of the auditor declaration shall be obtained by way of a call to the Food Erstice or the Home Deviation of the Food Business.

Paragraph 2. Deposits may be paid up to two instalments. Each installments shall be at least 20%. of the total amount of the total amount.

Paragraph 3. The end-down payment request shall be in the hands of the Food Industry within three months of the completion of the project. In exceptional cases, a derogation from this period may be granted by the Food Authority. Final payment request must be attached to a projection report.

Paragraph 4. The subsidy is transferred to the tilsagnshavers NemKonto.

Chapter 9

Notify obligations

§ 16. The onset of Tilsagnshaves shall, throughout the period when the conditions for grants are to be met, shall make a declaration to the Food Authority whether the conditions for grants are still to be met.

Paragraph 2. The saver shall be required throughout the period in which the conditions for grants must be fulfilled without undue delay in giving the Food business notification of conditions that may result in a withdrawal of a subsidy or refund of grants after Section 17.

Chapter 10

Disposal and repayment of grants

§ 17. Granltale of supplements will lapse if :

1) the tilt shall have provided false or misleading information or have kept information of significance for the decision of the case,

2) tillies shall override his duties according to section 11 (1) of the Fisheries Development Act. 2,

3) the tilaves do not comply with its notification obligation after section 16,

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

5) the conditions for grants have not been met.

Paragraph 2. In the paragraphs in paragraph 1. 1 in the case of cases, the Food Decision shall decide on the refund of grants. The interest shall be added to the payment of the payment claims. The interest rate supplement shall be calculated from the time the payment is made of the refund for reimbursement, and in the interest rate of late payment, etc. (Interest) provided for the reference rate provided for in addition. However, the interest rates shall be at least 50 kr.

Chapter 11

Force majeure

§ 18. The following events as force majeure are recognized by the Food Business :

1) Expropriation if such an operation could not be foreseen at the beginning of the period of the year.

2) A serious natural disaster which affects the activity of the achavera.

Paragraph 2. It is a condition of the recognition of force majeure, in specific cases, that the events impede the fulfilment of the obligations under which force majeure is invoked and that it did not undergo disproportionate circumstances ; ophes could have secured the opposition.

Paragraph 3. In exceptional cases, food business may recognise other events such as force majeure than those referred to in paragraph 1. 1.

§ 19. If the worshier wishes to invoke force majeure, it shall be notified to the Food Erstice within 10 working days of the date when the Saver Shaver is able to do so. The notification shall be accompanied by adequate documentation material.

Chapter 12

Appeal access

20. Decisions made by the Food Business Authority pursuant to this notice may be subject to the minister of food, agriculture and fisheries.

Paragraph 2. The complaint shall be submitted by the Food Industry, which shall be a food industry within four weeks of the receipt of the decision to which the complaint relates.

Paragraph 3. Food business may resume a case after a complaint has been lodged.

Chapter 13

Entry into force

§ 21. The announcement will enter into force on the 20th. May 2010.

Food business, the 18-18. May 2010

Arent B. Josefsen

/ Steen Bonde