Notice Of Special Support To Farmers For Extensive Farming

Original Language Title: Bekendtgørelse om særlig støtte til landbrugere til ekstensivt landbrug

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents) Chapter 1 of scheme content and purpose

Chapter 2 Definitions

Chapter 3 application for support

Chapter 4 prioritization of applications for funding

Chapter 5 areas for which the aid may be granted

Chapter 6 Conditions for support, other obligations and support rate

Chapter 7 Reduction of support

Chapter 8 cross-compliance

Chapter 9 transfer of holdings

Chapter 10 Control

Chapter 11 sanctions

Chapter 12 the date of entry into force of The full text of the Decree on special support to farmers for extensive landbrug1)

Under section 1, paragraphs 2 to 5, section 4, paragraphs 1 and 5, and section 24 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), see. lovbekendtgørelse nr. 297 of 28. April 2004, as amended by Act No. 1513 by 27. December 2009, fixed in accordance with the authorisation:

Chapter 1

The content and purpose of the scheme

§ 1. The provisions of this Ordinance relating to special assistance to farmers for extensive farming, where eligible areas in accordance with the single payment scheme are grown with limited use of nitrogen and without the use of plant protection products on the market other than those which may be used for organic agricultural production.

(2). The purpose of the special aid is to promote extensive farming, especially organic agricultural production, which may help to increase biodiversity and to reduce the leaching of nutrients and plant protection products from agriculture to the aquatic environment.

Chapter 2

Definitions

§ 2. By special support means support granted under article 68 of Council Regulation (EC) No 1782/2003. 73/2009 of 19. January 2009 concerning common rules for the schemes under the common agricultural policy for direct support to farmers and establishing certain support schemes for farmers, amending Regulation (EC) No 1782/2003. 1290/2005, (EC) No 1782/2003. 247/2006, (EC) No 1782/2003. 378/2007 and repealing Regulation (EC) No 1782/2003. 1782/2003.

§ 3. By application year shall be the calendar year in which the application for aid is lodged.

§ 4. At an agricultural parcel shall mean a continuous area within a field block is part of the same group or the same combination of crop crop groups under direct support schemes and under the rural development programme and as part of the same applicant's holding.

(2). Areas under permanent pasture declared by a candidate, involves a further breakdown of an agricultural parcel.

§ 5. By plan period means a period of gødningsplan planning and fertiliser accounts in accordance with the law on agricultural use of fertilisers and plant cover.

Chapter 3

Application for support

 § 6. Farmers must every year where aid under this scheme, submit an application to the Food industry. Applications must be submitted on a special table, "Common form" that can be filled out and submitted via Food Business website. The form can also be obtained in paper form by contacting the Food Profession. Applications must be received in the Food Business at the latest on the day on which the deadline for application for the single payment expires in the application year, thus in this order means the time limit specified in the Food Business notice on direct payments to farmers in accordance with the single payment scheme.

(2). If the applicant in the form have chosen to observe the in section 13, paragraph 2, no. 1, stated commitment, it must be for all the fields that are listed in the table, be informed about the field included in the holding's harmonia real. If the applicant in the form have chosen to observe the in section 13, paragraph 2, no. 2, stated commitment, should be completed in the form gødningsplan planning.

(3). Applicants must also be within the time limit referred to in paragraph 1 shall submit, in which all of the holding's land map mark is traced and identified with the same number and covers the same area as stated in the application. Longitude can be done electronically via Food Industry Web site or parcel map in the paper edition.

(4). There may be submitted only one application for each farm. Areas in which a farmer has given græsningsret to the other, shall be stated in the application for the person who owns or rents the land.

(5). There can not be after this Ordinance applied for aid for areas which in the application year applied for special support for care of permanent pasture.

Chapter 4

Prioritising applications for funding

§ 7. Food Business shall decide on the granting of aid.

§ 8. If the funds allocated does not make it possible to accommodate all requests for support, gives priority to the Food Profession fields, which support is sought, in the following order of precedence:

1) Private organic fields.

2) Other private fields.

3) Public organic fields.

4) Other public fields.

(2). By a private mark be understood in the context of the priority that the field is covered by an application that is not from a public institution, a public corporation or a municipal community.

(3). By open arable purposes in connection with the priority that the battlefield is the subject of an application made by a public institution, a public corporation or a municipal community.

(4). By an ecological mark is understood in the context of the priority that the battlefield is listed under a holding on the in section 6, paragraph 1, specified period authorized by the Danish plant Directorate for organic agricultural production or have been the subject of an application to that effect.

§ 9. Within each of those in section 8, paragraph 1, indicated the priority classes priority fields in the following order of precedence:

1) Fields in nitrate sensitive reclamation areas.

2) Select in areas with special drinking water interests.

3) Select in areas with drinking water interests.

4) Select in areas without special drinking water interests.

(2). In the areas referred to in paragraph 1 shall be understood in the context of priority areas with the same name, which appear on the national environmental portal the 1. February in the application year.

(3). By mark in one of the territories listed in paragraph 1 shall be taken to mean in the context of the priority that the battlefield is located within a mark block, see. paragraph 4, which shall include at least 100 sq m of the area in question.

(4). By mark blocks means mark blocks with the mark block limits contained in Food Industry of electronic reporting system. By prioritizing used mark blocks, as they appear, respectively the 1. February of this year and on the application of article 6, paragraph 1, specified period of time. By priority of a mark that is affected by mark block change, applied mark blocks on it of the listed times, giving priority to the most advantageous ground.

(5). If there are no funds to provide support for all the parcels that are assigned to a priority class, see. paragraph 1 shall not be granted aid for the fields in that priority class.

Chapter 5

Areas for which the aid may be granted

§ 10. Aid may be granted in respect of areas eligible for aid under the single payment scheme.

(2). Notwithstanding paragraph 1, the following shall apply:

1) no aid shall be granted for non-cultivated areas.

2) no aid shall be granted in respect of areas as referred to in article 34, paragraph 2, point (b) of Council Regulation (EC) No 1782/2003. 73/2009.

3) shall be granted only in support of grassland (temporary grass and permanent grassland), if the land has been used agriculturally to time or grazing within the period from 15. may up to and including 31 December 2002. August in the application year, and areas under normal weather conditions appear with close and low plant cover the 31. August in the application year. Regardless of 1. point can support shall be granted for areas with temporary grass used for green manure by the sowing of ground cover within the period from the 1. August up to and including 31 December 2002. October in the application year, where areas on 21. April in the application year is converted or is under conversion to organic agricultural production under a holding approved by the Danish plant Directorate for organic agricultural production or have been the subject of an application to that effect.

(3). There may be no aid shall be granted for the following areas:

1) areas for which a effect in the year of application in the absence of commitment to environmental conditional grants pursuant to bekendtgørelse nr. 84 of 27. January 2005 on environmental conditional grants, commitments on subsidies for environmentally friendly operation of wetlands pursuant to bekendtgørelse nr. 893 of 22. September 2005 for grants to environmentally friendly operation of wetlands or commitments on subsidies for environmentally friendly agricultural measures pursuant to bekendtgørelse nr. 140 by 10. March 2005 or earlier notices about grants for eco-friendly agricultural measures, apart from the commitment on grants for the establishment of catch crops.

2) areas for which a effect in the year of application in the absence of commitment to environmental grants conditional grants to set-aside buffer zones, for the care of grass and natural areas for maintaining wetlands, for the care of wetlands or to the maintenance of the modified dewatering under rural development Act.


3) areas which on the in section 6, paragraph 1, stated that the time limit and with effect prior to the year of application in the absence of obligations to refrain from the use of chemical plant protection products or obligations at issue in the main proceedings correspond thereto, as a result of commitments for grants under law other than the Food Industry notices about grants for conversion to organic agriculture, agreement involving the payment of the said regulation , easement or duty imposed pursuant to other legislation.

4) ponds, lakes, streams, ditches, stone levees and similar areas that cannot be used for agricultural production.

(4). Flora-and fauna-enhancing measures in accordance with the rules for the single payment scheme established on land can be used for agricultural production is not covered by paragraph 3, nr. 4.

Chapter 6

Conditions for support, other obligations and support rate

§ 11. An area for which aid is sought, should constitute a coherent area of not less than 0.30 ha, except in the case of areas in closed greenhouses.

(2). No aid shall be granted if the eligible area of the holding to which direct payments to be granted in accordance with Council Regulation (EC) No 1782/2003. 73/2009 establishing common rules for the schemes under the common agricultural policy for direct aid, is under 2 ha, unless the total amount of aid to the farmer in the form of premium for male bovine animals, ewes and aid on the basis of special payment entitlements shall represent an amount equal to not less than 300 euro.

§ 12. Support for an area is subject to throughout the application year only used plant protection products to the area, which is permitted in organic agricultural production in Denmark.

§ 13. The applicant is obliged to ensure

1) that in cases where prior to the 25. May this application year changes of the conditions specified in the table under section 6, paragraph 2, shall be reported on these changes so that the alert is received in the Food Business not later than 31 December. May this application year, or in cases where the 31. may is a Saturday, Sunday, or a public holiday Monday, the second weekday (Saturday excluded) that follow hereafter, and

2) that for the plan period, which ends in the application year, drawn up in accordance with the rules of the law on planning gødningsplan agricultural use of fertilisers and plant cover and rules established pursuant to this law, regardless of whether the holding is registered in the Danish plant Directorate register of undertakings covered by the said legislation, and that the mentioned gødningsplan planning is kept on the holding throughout the application year.

(2). The applicant is also required to ensure that the obligations, which of the following is selected in the schema, are complied with:

1) during the plan period, which ends in the application year, must the holding on average a maximum of added 140 kg total nitrogen per hectare harmonia real.

2) during the plan period, which ends in the application year, holding nitrogen for fertiliser consumption must not exceed a reduced nitrogen quota at farm level, which is calculated for each mark to which applied for aid, to pull nitrogen reduction for the field from the farm's total nitrogen quota and, moreover, in accordance with the rules of the Act on agricultural use of fertilisers and plant cover and rules established pursuant to this Act. Field reduced nitrogen quota determined as 75 per cent of the nitrogen ratio of the field including the regulation on the basis of nitrogen forecast and no possibility of increasing the quota due to drifting or leaching away as a result of extreme weather event in accordance with the Danish plant Directorate notices of agricultural use of fertilisers and plant cover and on nitrogen forecast.

§ 14. The aid rate represents an amount in Danish kroner equivalent to 110 euros per hectare.

Chapter 7

Reduction of support

§ 15. If the in section 13 (1). 1, the obligation is not met, the aid shall be reduced by 10 percent, without prejudice. However, section 16.

(2). If the in section 13 (1). 2, the obligation is not met, the aid shall be reduced by 25 percent, without prejudice. However, section 16.

(3). If the in section 13, paragraph 2, the obligation has not been fulfilled, no aid shall be paid, in accordance with article 3. However, section 16.

§ 16. If any of the operations in section 13, paragraph 1, obligations are partially fulfilled, or if the infringement referred to in section 13, paragraph 2, stated commitment is negligible, the reduction of aid referred to in article 15 for the non-fulfilment of the obligation is reduced on the basis of a specific assessment in accordance with the principles set out in article 18, paragraph 2, of Commission Regulation (EC) No 1782/2003. 1975/2006 of 7. December 2006 on the control and cross-compliance in the context of support measures for rural development.

(2). If the non-fulfilment of any of the operations in section 13, paragraph 1, obligations laid down has been done intentionally, no aid shall be paid.

(3). If the non-performance of the in section 13, paragraph 2, the obligation has been done intentionally, no aid shall be paid, and the applicant be excluded also from the aid scheme for the following application year.

§ 17. If it finds violations of several of the obligations laid down in section 13, the reduction, to deduct the support payment shall be calculated on the basis of the violation that results in the highest reduction.

§ 18. If there should be a reduction in accordance with §§ 15-17, complements this sanction, if any, other sanctions in accordance with Council Regulation (EC) No 1782/2003. 73/2009. If, in addition to reduction, subject to §§ 15-17, also must be carried out reduction in aid disbursement as a result of a recorded over notification of the eligible area, see. Council Regulation (EC) No 1782/2003. 73/2009, the reduction shall be calculated pursuant to §§ 15-17 on the basis of the support, the applicant is entitled to after deduction of the reduction as a result of the above review.

Chapter 8

Cross-compliance

§ 19. The rules in the Food Business announcement on cross-compliance and rules of good agricultural and environmental condition established by the Food Profession pursuant to Council Regulation (EC) No 1782/2003. 73/2009 shall apply to applications filed under section 6.

Chapter 9

Transfer of holdings

§ 20. If a holding is transferred in its entirety before the aid is paid, will the aid irrespective of the transfer will be paid out to the transferor, unless the assignor by a transportation aid transfers to the transferee.

Chapter 10

Control

§ 21. On-the-spot checks with the covered areas, etc. shall be carried out by the Danish plant Directorate in the form of spot checks, including by remote sensing, with individual farmers.

(2). The inspection authority may carry out checks on holdings, which sought support, regardless of whether all or part of the holding is transferred after submission of the aid application.

§ 22. It is incumbent on farmers to provide the necessary assistance at service intervals. Farmers must, among other things, to supply the covered areas, as well as to supply crop plans, mark plans, business plans, material and fertiliser accounting material, etc.

Chapter 11

Criminal provisions

§ 23. Violation of section 22 within the framework of the controls referred to in article 21 are punishable with a fine, unless a higher penalty is inflicted in accordance with Chapter 5 of the agricultural law.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 12

Date of entry into force of

§ 24. The notice shall enter into force on the 1. February 2010.
Food Industries, the 28. January 2010 Aren't b. Jackson/Steen Peasant Official notes 1) Ordinance contains provisions which are necessary for the application of the following regulations: Council Regulation (EC) No 1782/2003. 73/2009 of 19. January 2009 concerning common rules for the schemes under the common agricultural policy for direct support to farmers and establishing certain support schemes for farmers, amending Regulation (EC) No 1290/2005, (EC) No 1782/2003. 247/2006, (EC) No 1782/2003. 378/2007 and repealing Regulation (EC) No 1782/2003. 1782/2003, Commission Regulation (EC) No 1782/2003. 1120/2009 of 29. October 2009 laying down detailed rules for the single payment scheme provided for in title III of Council Regulation (EC) No 1782/2003. 73/2009 establishing common rules of the common agricultural policy schemes for direct support to farmers and establishing certain support schemes for farmers, and Commission Regulation (EC) No 1782/2003. 1122/2009 of 30. November 2009 implementing Council Regulation (EC) No 1782/2003. 73/2009 as regards cross-compliance, modulation and the integrated administration and control system within the framework of the arrangements for direct aid to farmers, as referred to in that regulation, and on the detailed rules for the application of Council Regulation (EC) No 1782/2003. 1234/2007 as regards cross-compliance under the aid scheme for wine.