The Order Of The Law On The Administration Of The European Community Regulations Concerning Schemes Under The Common Agricultural Policy Is Financed By The European Agricultural Guarantee Fund, Etc. (Support Act)

Original Language Title: Bekendtgørelse af lov om administration af Det Europæiske Fællesskabs forordninger om ordninger under Den Fælles Landbrugspolitik finansieret af Den Europæiske Garantifond for Landbruget m.v. (landbrugsstøtteloven)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131435

Overview (table of contents) Chapter 1 Administration of the market organisations, etc.
Chapter 2 Administration of production levies, etc.
Chapter 3 Chapter 4 Chapter 5 common provisions Chapter 6 penal provisions coming into force, etc., The full text of the Ordinance of the law on the administration of the European Community regulations concerning schemes under the common agricultural policy is financed by the European agricultural guarantee fund, etc. (support Act) is hereby promulgated law on the administration of the European Community regulations concerning schemes under the common agricultural policy is financed by the European agricultural guarantee fund, etc. (support Act) without prejudice to article. lovbekendtgørelse nr. 297 of 28. April 2004 with the changes imposed by section 3 of Act No. 366 of 24. May 2005, § 68 of law No. 538 of 8. June 2006, § 3 of law No. 110 by 26. February 2008, section 41 of Act No. 1336 of 19. December 2008 and § 1 of lov nr. 1513 by 27. December 2009.
The changes imposed by § 27 of the lov nr. 430 of 6. June 2005 and section 33 of Act No. 431 of 6. June 2005, is not included in this consolidation Act, since the amendments concern provisions which are repealed, without prejudice to later. section 41 of Act No. 1336 of 19. December 2008.
Chapter 1 Administration of the market organisations, etc.
§ 1. The Minister of food, agriculture and fisheries is hereby authorized to establish the rules and take the other measures necessary for the application here in the country of the European Community (EC) 's regulations concerning: 1) market organisations for agricultural products, 2) schemes for agricultural products covered by Annex I to the EC Treaty II1) without being covered by a CMO, 3) schemes for products whose manufacture is applied to agricultural goods , 4) information on incomes and business operation in agriculture and 5) measures resulting from the application of the special conversion rates within the common agricultural policy.
(2). The Minister may lay down rules and to implement measures necessary for the application here in the land of the schemes, as in accordance with the regulations referred to in paragraph 1, no. 1-3, are voluntary for the Member States to implement.
(3). The Minister may provide for derogation from the rules in the regulations, in so far as these provides access to them.
(4). The Minister may lay down rules on additional conditions for payment of the amount of aid in accordance with paragraphs 1 and 2 of the above regulations and rules about reduction or cancellation of aid by failure to comply with these additional terms.
(5). The Minister may lay down rules about the support conditions, etc., as well as rules about reduction or cancellation of aid in cases of non-compliance with these conditions, etc. in connection with the use of support here in the land of opportunities for establishing support schemes in accordance with the procedure referred to in paragraphs 1 and 2 regulations.
(6). Agricultural items in this law also includes fruit and horticultural products, like agriculture also includes fruit farming and horticultural community.
(7). With regard to matters falling under the other line Ministers, exercised the powers under this Act by the minister concerned.
§ 2. The Minister of food, agriculture and fisheries shall set up a Committee with the task to advise with regard to the position of the European Community agricultural policy as well as with regard to the organisation of the administration thereof. The Committee consists of 24 members appointed by the Minister.
(2). To the Committee shall be appointed by the Minister for food, agriculture and fisheries, Minister for economic and business affairs 1 2, Danish Industry 2, Danish Professions 2, agriculture & food 7, Danish Nursery 4, Industry Committee for Fruit and vegetables 1, Organic unification and Archipelago (Danish Ecology vendor Association) jointly 1, Council of the labour movement 1, Consumer Council 1, Danmarks naturfredningsforening 1 and Open-air Council 1 member.
(3). May meeting delegate for each of the members. The Minister of food, agriculture and fisheries shall appoint one of the Ministry of food, agriculture and Fisheries representatives in the Committee to the Chairman of the Committee and lay down its rules of procedure. The Committee's secretariat of the Ministry.
§ 3. The Minister of food, agriculture and fisheries can impose on importers, exporters, manufacturers, dealers and trade associations to provide the information necessary in order to meet European Community rules on Member States ' reporting obligations in the agricultural sector.
§ 4. The Minister of food, agriculture and fisheries may lay down rules on the control of compliance with the regulations referred to in section 1 of these regulations, including with the goods, and with companies, which import, manufacture, Distributor, store, transport, processing or exporting such goods, or which constitute a earlier or later led in the sales chain for these products and their constituents.
(2). The controlling authorities have, at any time, if deemed necessary, against proper identification without court order access to any location where the products referred to in paragraph 1 for commercial purposes are located, as well as to any of the undertakings referred to in paragraph 1. The police provide assistance if necessary for that purpose. The Minister of food, agriculture and fisheries by agreement with the Minister of Justice may lay down detailed rules on the subject.
(3). The controlling authorities are entitled to carry out inspection of the goods and take samples of goods without compensation to the extent that it is necessary to examine their nature. The competent authority is also entitled to inspect the undertakings referred to in paragraph 1, inventories, accounting records, other financial material, accompanying documents, prescriptions, analytical material, as well as correspondence, etc., including material that is stored in electronic form. The owners of the undertakings and the persons employed in enterprises must provide the necessary guidance and assistance in the making of the above inspection, and the above material should be on the controlling authorities, the request shall be handed over or sent to the controlling authorities.
(4). The National Audit Office may, where appropriate, together with the European Court of Auditors, under similar conditions as referred to in paragraph 2 inspect the concerned companies ' inventories as well as provided for in paragraph 3, 2. paragraph referred to material which, in the discretion of the authorities concerned is of importance for the auditing control of the administration of the regulations referred to in paragraph 1.
(5). The Minister of food, agriculture and fisheries may lay down rules on the control of the information that will form the basis for provision of benefits or the levying of taxes in accordance with the regulations referred to in paragraph 1.
(6). The receiving services, or who have to pay taxes in accordance with the regulations referred to in paragraph 1, shall keep it in (3), 2. paragraph referred material for at least 5 years from the end of the year in which the grant is received or charge has been paid.
(7). The Minister of food, agriculture and fisheries may lay down rules on the accounting, etc., to be followed by companies in connection with the provision of benefits or the levying of taxes in accordance with the regulations referred to in paragraph 1.
section 4 (a). The Minister for food, agriculture and fisheries can lay down rules about disclosure with naming names of results as well as the nature and scope of sanctions on the basis of the checks carried out pursuant to law or regulations issued pursuant to the law. The Minister may lay down rules about including that the complaint has no suspensive effect.
(2). The Minister may lay down rules on how and in what form companies must make findings in accordance with paragraph 1 available to the public, including the conditions under which companies can be exempted from the obligation to make inspection results available.
(3). The Minister may lay down rules on the form and extent of publication, including publication can be done electronically. The Minister may determine that certain results not to be published.
(4). The Minister may decide that publication should be done on the basis of one of the Minister created a computerised information system for monitoring results. The Minister may at any time, including periodic, pass both stand-alone information such as mass information from information system to an indefinite circle of recipients. Everyone has access to from information system to obtain information, which either have been published or to be published. Access includes both the standalone information as a lot of information.
§ 5. The Minister of food, agriculture and fisheries can lay down rules about full or partial payment of the cost of the administration of the export refund system and in checking with the regulations referred to in paragraph 1.
(2). The Minister of food, agriculture and fisheries may also provide for rules on the partial or total payment of special services which the controlling authorities upon request.
section 5 (a). The Minister for food, agriculture and fisheries may lay down rules to the effect that it shall be a condition for payment of the amount of the aid as provided for in the regulations referred to in paragraph 1, the beneficiary specifies an account in a financial institution, in which the amount of the aid can be inserted.
Chapter 2 Administration of production levies, etc.

§ 6. The Minister of food, agriculture and fisheries may, upon a proposal from the in section 8, paragraph 1, the said boards lay down rules on the payment of taxes of agricultural goods produced in this country, and on payment of the same charges of corresponding agricultural goods imported here into the country, as well as about the extent to which such charges should be refunded for agricultural products, when used as a material in industrially manufactured goods. The charges are part of a produktionsafgifts Fund for each sector, where collection takes place.
(2). Ministry of food, agriculture and fisheries receive from Tax Ministry a share of the funds shall be paid into the State Treasury in accordance with the law on tax on pesticides. The Minister of food, agriculture and fisheries can determine the distribution of funds between 1) Ministry of food, agriculture and fisheries, 2) per thousand tax Fund for fruit farming and horticulture farm, 3) per thousand tax Fund for agriculture) and (4) the Fund for organic farming.
(3). The Minister may direct that the share of the funds referred to in paragraph 2, and which, in accordance with article 3. (2). 1, is the property of the Ministry of food, agriculture and fisheries, to be used for environmental improvement initiatives in the agricultural area, disease prevention and disease control and for controls on the production, processing and marketing of food. The Minister may also determine that a portion of the funds referred to in paragraph 2 shall be applied towards the payment of the cost of supervision of compliance with the regulations referred to in section 1.
(4). The Minister of food, agriculture and fisheries shall draw up detailed rules for payment of the public funds referred to in paragraph 1.
(5). The Minister may permit produktionsafgifts funds, per thousand tax funds and the Fund for organic farming receives other revenue than those referred to in paragraphs 1 and 2 above.
§ 7. Funds are used to finance measures in connection with promotion, research and testing, product development, consulting, education, disease prevention, disease control, animal welfare, control, co-financing of EU programmes and initiatives in addition to the measures that the Minister for food, agriculture and fisheries is authorized. In addition, the funds are used to cover the costs of control over proper use of the funds. In section 6, paragraph 1, the said funds must be used within the sectors in which they are charged. The Minister may also authorize funds shall bear the cost of fees to members of the funds ' boards.
(2). The Minister may allow the alcohol tax funds shall bear the expenses directly to the purpose referred to in paragraph 1 as well as for other general purposes at the whole area for agriculture, horticulture and fruit-growing.
(3). The Minister may impose per thousand tax funds to pay for a system of compensation in connection with the spread of genetically modified material in the cultivation of genetically modified crops. The Minister may lay down detailed rules on the subject.
§ 8. Production and alcohol tax funds and the Fund for organic farming is led by its Board of Directors, appointed by the Minister for food, agriculture and fisheries. The boards shall be appointed for a period of 4 years. Each Board is made up of both representatives of business since as representatives of public interests. The funds ' statutes must be approved by the Minister.
(2). For boards of produktionsafgifts funds pronounce agriculture & food and representative producer organisations and inter-branch organisations, including organic producers, in agreement about 2/3 of each Board members. Consumer Council, Business Council of the labour movement, independent research and the Strategic Research Council pronounce themselves jointly about 1/3 of each Board members.
(3). Boards for Alcohol tax Fund for agriculture and Alcohol tax Fund for fruit growing and horticultural farming shall be composed of six representatives of the business side and of 5 representatives of public interests. Agriculture & Food and representative producer organisations and inter-branch organisations, including organic producers, pronounce themselves in agreement on each Board members from the business side. Consumer Council, Business Council of the labour movement, independent research and the Strategic Research Council shall act jointly on the of each Board members representing the public interest.
(4). To the Board of Directors for the Fund for organic farming, says agriculture & food and representative organic producer organisations and inter-branch organisations themselves in agreement about 2/3 of the members of the Management Board. Consumer Council, Business Council of the labour movement, independent research and the Strategic Research Council pronounce themselves jointly about 1/3 of the members of the Management Board.
(5). The Board must ensure that the management of the funds is in accordance with this chapter, rules established thereunder or the law in General. The Minister of food, agriculture and fisheries can remove a member of the Board, which has contributed to decisions contrary to those provisions.
(6). The Minister of food, agriculture and fisheries may issue orders to the Board to end the relationship, contrary to the provisions of this chapter or rules thereunder, in accordance with the determination.
(7). Decisions of a Board of appeal to the Minister within four weeks after the decision is communicated to the complainant. The Minister may change the Board's decisions, without complaint.
§ 9. Budgets and financial statements for individual funds must be approved by the Minister for food, agriculture and fisheries, on the recommendation of the relevant Board of Directors. The Minister may, however, without the option to make changes to the budgets referred to in article 6, paragraphs 2 and 3, the said funds.
(2). The Minister shall draw up detailed rules for funds for the preparation of budgets and accounts, as well as on the management and auditing. The funds ' financial statements must be audited by chartered or registered accountants.
(3). Each Fund creating a separate website on the Internet. The Minister shall lay down detailed rules on the funds ' disclosure of budgets and accounts, as well as application deadlines, application procedures, etc.
(4). The Minister shall lay down detailed rules on the funds ' evaluation of the effect of the measures include financial support to, see. § 7.
(5). The Minister shall lay down the detailed rules for the granting of compensation funds for animal or plant diseases.
§ 10. Any shall, at the request of the Minister for food, agriculture and fisheries notify the information deemed necessary in connection with the collection and use of funds referred to in section 6.
(2). The Minister of food, agriculture and fisheries may lay down rules on the control of this information.
(3). The Minister of food, agriculture and fisheries may lay down rules on the accounting, etc., to be followed by companies in connection with the collection and use of funds referred to in section 6.
(4). The controlling authorities have, at any time, if deemed necessary, against proper identification without court order access to any business or organization, who must pay the charges in accordance with section 6. The police provide assistance if necessary for that purpose. The Minister of food, agriculture and fisheries by agreement with the Minister of Justice may lay down detailed rules on the subject. The controlling authorities are entitled to inspect the relevant companies ' or organizations ' inventories, business books, moreover, financial material, accompanying documents, prescriptions, analytical material, as well as correspondence, etc., including material that is stored in electronic form. The owners of the undertakings or organisations and in enterprises or organisations employed persons must provide the necessary guidance and assistance in the making of the above inspection, and the above material should be on the controlling authorities, the request shall be handed over or sent to the controlling authorities.
§ 11. Members of a Board of Directors in carrying out their duties intentionally or negligently has added a Fund, is liable to replace this damage.
(2). The provision in paragraph 1 applies also to auditors. Is a firm of Auditors is elected auditor is both the company and the Auditor, auditors who audit is entrusted, liable.
(3). The compensation may be reduced when this is reasonable having regard to the degree of fault, damage size and circumstances in General.
(4). Resolution on the construction of legal proceedings against members of the Board of Directors, audit firms or accountants may be taken by the Board or the Minister of food, agriculture and fisheries.
§ 12. The Minister of food, agriculture and fisheries shall communicate at each expiry of a financial year of the Folketing set up committees, which means there are concluded in funds and how the funds are used.
Chapter 3 (repealed) Chapter 4 common provisions § 20. Amounts fixed by regulation, or which are covered by the rules laid down pursuant to this Act and which is not paid in a timely manner to the charging authority, attributed, unless otherwise provided by regulation, an annual interest rate equal to the rate established in accordance with section 5 of the Act, interest from the due date to count. The applied interest, however, is at least 50 us $.

(2). Unless otherwise provided by regulation, conferred on the amounts unduly received sums not repaid before the expiry of a deadline set by the paying authority, the interest rate referred to in paragraph 1 from the deadline. It applies, however, only if the authority while requiring repayment gives notification of the obligation to pay interest.
§ 21. (Repealed) section 22. The Minister of food, agriculture and fisheries can lay down rules, under which certain decisions or dispositions in accordance with section 1, paragraph 1, no. 1, 2 and 3, as well as (2) regulations may be made by specific industry associations or by certain associations of producers. These decisions may be referred to the Minister within four weeks after the decision is communicated to the complainant. The decision shall contain information concerning appeals procedure and about the deadline for doing so. The Minister may change the decision without complaint.
(2). The Minister may transfer its powers under the law to an institution under the Ministry or other government institution. The Minister may, in connection with this, lay down rules on access to complain about this regulatory decisions, including whether to appeal not to be able to be brought before another administrative authority and on the Authority's access to reopen a case after the complaint has been lodged.
section 22 (a). The Minister for food, agriculture and fisheries or the Minister authorizes thereof, with other public authorities to obtain the information needed to check compliance with the relevant provisions of the regulation, the law and the regulations issued pursuant to the Act, among other things, for the purpose of directory interoperation and compilation of information for control purposes.
Chapter 5 penal provisions § 23. The one to use for decisions taken in accordance with the regulations referred to in paragraph 1, in accordance with the provisions of this chapter 2 in relation to the deposit or withdrawal of funds referred to in Chapter 2, moreover, under this Act, or pursuant to the law laid down rules they supply incorrect or misleading information or conceals information of significance for the decision is punishable with a fine, unless a higher penalty is inflicted upon the Civil Penal Code. The same applies to the acting in contravention of the conditions set out in this decision, or who are trying this.
(2). The, which, moreover, fails to disclose information that is required from the person concerned pursuant to this Act or the rules laid down in accordance with the law, punishable by fine. The same applies to the providing false or misleading information about such conditions, unless a higher penalty is inflicted upon the Civil Penal Code.
(3). Whoever violates section 4, paragraph 3, last paragraph, section 4, paragraph 6, and article 10, paragraph 4, last paragraph, be punished by a fine. The same applies to the breach of the provisions concerning professional secrecy referred to in § 1, nr. 4, the above regulations, unless a higher penalty is inflicted upon the Civil Penal Code.
(4). The performing or introducing products in violation of an export or import ban, contained in or issued pursuant to the regulations referred to in paragraph 1, or without being in possession of a permit, as required under these regulations, or who are trying to that end, be punished by a fine.
(5). Violation of the quality and marketing standards laid down in the regulations referred to in article 1 is punishable by a fine.
(6). Anyone who fails to comply with one of the Minister for food, agriculture and fisheries granted injunctive relief pursuant to § 8, paragraph 6, is punishable by a fine.
(7). Anyone who fails to supply information that is required under section 10, paragraph 1, are punishable by a fine.
(8). The Board Member who intentionally or grossly negligently violates section 8 (5), 1. paragraph is punishable by a fine.
§ 24. In rules adopted pursuant to the law, can be fixed penalty of fines for violation of the provisions of the rules or attempts to do so.
§ 25. The perpetrators of a relationship as referred to in article 23, paragraph 1, or article 24 with intent to evade or other payment of taxes in accordance with the regulations referred to in paragraph 1 or pursuant to this Act § 6 or with intent to obtain unjustified payment of benefits for themselves or others in accordance with the regulations referred to in paragraph 1 or pursuant to section 7 are punishable by fine or imprisonment up to 1 year and 6 months, unless a higher penalty is inflicted for criminal code section 289.
section 26. There may be a business owner or user responsibility, even though the infringement fines not attributable to this as deliberate or negligent. Of fines determined no alternative custodial penalty.
§ 27. That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
section 28. Search in cases concerning violation of § 23 and § 24 can be carried out in accordance with the provisions of the code on the search made in matters which under the law can result in imprisonment.
section 29. Deemed a violation not to cause higher penalty than fines, can the Minister of food, agriculture and fisheries indicate that the case can be settled without judicial proceedings, if the person concerned pleads guilty of infringement and declare their readiness to within a specified time limit may be extended upon request, to pay a fine specified in the manifestation.
(2). With regard to the indication referred to in paragraph 1, the provisions of the code of Civil Procedure Act § 895 mutatis mutandis.
(3). Paid the fine in a timely manner, or will be adopted and recovered or served, lapses further prosecution.
section 29 (a). the limitation period for criminal liability is in no case less than 5 years for offences which result or are likely to cause any unjustified shall be exempt from the payment of taxes in accordance with the regulations referred to in paragraph 1, in accordance with the provisions of this law or in accordance with the rules laid down in accordance with the law, or to achieve any unjustified payments pursuant to the aforementioned provisions.
Chapter 6 entry into force, etc.
section 30. The law shall enter into force on the 1. July 19902), see. However, paragraph 2.
(2). Chapter 2 shall enter into force on 1 January. January 1991.
section 31. Law on the administration of the European Economic Community regulations on market organisations for agricultural products, etc., see. lovbekendtgørelse nr. 731 of 13. November 1987, and the law on the administration of the European Economic Community regulations on COMs for fruit and horticultural products, etc., see. lovbekendtgørelse nr. 72 of 11. February 1988, lifted the 1. in July 1990, see. However, paragraph 2.
(2). § 4 in the laws referred to in paragraph 1 shall not be lifted until the 1. January 1991.
(3). Amount by 1. January 1991 is charged under section 4 (1) or paid under section 4 (2), and have not been applied in accordance with § 4 (3) or (4) of the laws referred to in paragraph 1 shall be included in the article 6, paragraphs 1 and 2, the said funds.
(4). Rules laid down on the basis of the laws referred to in paragraph 1 shall remain in force until they are replaced or repealed by regulations laid down on the basis of this or other laws, and violations of these rules or attempts to do so is punishable under this chapter 5.
§ 31A. (repealed) section 31 (b). (repealed) section 32. The law does not apply to the Faroe Islands and Greenland.
section 33. (Repealed)



Act No. 366 of 24. may 20053) includes the following entry-into-force provision: section 6 of the Act shall enter into force on the 1. July 2005, however, the Act's sections 4 and 5 shall enter into force on the day after publication in the Official Gazette.



Act No. 538 of 8. June 20064) contains the following provisions: article 105 entry into force (1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.
Paragraph 2-22. (Omitted) section 106 (Omitted) Law No. 110 by 26. February 20085) contains the following provision: section 5 entry into force this law shall enter into force on the 1. March 2008.



Act No. 1336 of 19. Dec 20086) includes the following entry-into-force provision: section 167 (1). The law shall enter into force on the 1. January 2009, see. However, paragraph 2. § 11 shall only apply to decisions relating to attachment of earnings orders taken after the entry into force of the Act.
(2). (Omitted)



Act No. 1513 by 27. December 20097) contains the following provision: section 3 entry into force this law shall enter into force on the 1. January 2010.

Ministry of food, agriculture and fisheries, the 23. April 2010 Henrik Høegh/Peter anthonisen Official notes 1) by the Treaty of Amsterdam, which entered into force on 1 January. in May 1999, is the list of annexes to the Treaty amended to agricultural goods is contained in Annex i in place of annex II.
2) this notice renders the effective provisions of law No. 366 of 24. May 2005, law No. 538 of 8. June 2006, law No. 110 by 26. February 2008, law No. 1336 of 19. December 2008 and Act No. 1513 by 27. December 2009. The comments on the entry into force and transitional provisions for the earlier changes to the law that emerges from the lovbekendtgørelse nr. 297 of 28. April 2004, as well as the changes that are listed in the law No. 430 of 6. June 2005 and law No. 431 of 6. June 2005, is not reproduced in this announcement.
3 Amendment relates to section 25).
4 Amendment relates to section 29).
5 Amendment relates to clause 4 (a)).
6 Amendment concerns) § § 21, 31 (a) and 31 (b).
the amendment concerns the amendment of the Act 7) title and sections 1, 2, 6, 8, 9 and 22.