Decree On Subsidies For The Maintenance Of The Modified Dewatering

Original Language Title: Bekendtgørelse om tilskud til opretholdelse af ændret afvanding

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Overview (table of contents) Chapter 1 of scheme content and purpose

Chapter 2 Definitions

Chapter 3 Administration

Chapter 4 Commitment period and conditions for undertakings

Chapter 5 amendment of commitments and entry into commitments

Chapter 6 Calculation of grants

Chapter 7 payment of grants

Chapter 8 obligation

Chapter 9 cancellation of commitments and repayment of grants

Chapter 10 Force majeure

Chapter 11 remedies

Chapter 12 the date of entry into force of The full text of the Decree on subsidies for the maintenance of the modified dewatering

Under section 3 of the basic regulation. § 2, nr. 4 (c), section 5, article 7, paragraph 4, article 11, paragraph 4, and section 13, paragraph 1, of the lov nr. 316 of 31. March 2007 on rural (rural code) be established under the authority:

Chapter 1

The content and purpose of the scheme

§ 1. Food Business can within the allotted frameworks promise grants to owners and tenants of agricultural holdings. Commitments for grants given to maintenance of altered drainage on land, there are specially designated, without prejudice. § 7.

(2). The purpose of the scheme is for the specially designated areas to ensure drainage conditions that are favourable for nature, including breeding and foraging birds.

Chapter 2

Definitions

§ 2. At an agricultural holding for the purposes of this Ordinance a holding, as defined in the single payment scheme referred to in article 6. Article 2, point (b) 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. Upon surrender of land for the purposes of this Ordinance that the financial responsibility for the operation of the land shall be transferred to another natural or legal person by sale, lease, termination of the lease or any similar type of transfer.

§ 4. By an acquirer, for the purposes of this Ordinance a natural or legal person who assumes the financial responsibility for the operation of one or more areas of another natural or legal person by purchase,-farmed or farmed, cessation of lease or any similar type of acquisition.

Chapter 3

Administration

Authorities and control

§ 5. Food Business shall take a decision in accordance with this Ordinance.

§ 6. Food Business shall carry out checks in connection with the Administration after this announcement.

(2). The Danish plant Directorate carries out under the authority of the Minister for food, agriculture and fisheries, the physical checks referred to in article 6. However, § 29.

(3). Food business and the Danish plant Directorate can to use for checks to obtain information from other authorities, as necessary, in accordance with § 12.

Specially designated areas

§ 7. Food Business shall designate areas for applying for the grant after this Ordinance for undertaking an undertaking period starting on 1. September 2009 or the 1. September 2010. For calendar year after 2010 will determine the Food Profession, about to be designated areas for applying for the grant after this Ordinance commitments. Areas designated, on the basis of a technical evaluation from the forest and nature Agency and within the particularly sensitive agricultural areas (SFL-areas), who is appointed pursuant to any of the Food Ministry's notices about grants for eco-friendly agricultural measures, which are in force on 31 December 2000. December 2006.

(2). Food Business shall publish, at the latest at the beginning of the application period for applying for a grant the area designation, commitments are applicable for the application period, or in respect of the calendar year after 2010 will publish by 1. February, that there can be lodged applications for grant commitments during that calendar year. Publication takes place on Food Business website.

Application

§ 8. Applications for grants must be submitted on the commitment of a special form, which is available via the Food Business website or by contacting the Food Profession.

(2). Application for reimbursement must be accompanied by a commitment to mark cards, in which the land applied for is traced and identified with the same mark numbers and include the same areas, as stated in the application. To be used with a copy of the field map, which is used for application for single farm payment that year. Longitude can be done electronically via Food Industry Web site or parcel map in the paper edition.

§ 9. Application for commitment grants must be submitted to the Food industry. In 2010, including mark application can map the earliest submitted from the 1. February and must be received no later than the same calendar day on which the deadline for application for the single payment expires, 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. In the case of an application in 2010 begins undertaking period

1) 1. September 2009 in respect of areas where the drainage conditions, which should be valid for the areas of respect for nature, is established by 1. January 2010, in accordance with article 3. However, paragraph 3, and

2) 1. September 2010 for areas not covered by nr. 1.

(2). If, for a calendar year after 2010 be designated areas for applying for reimbursement, as referred to in commitment. § 7, the application for grant commitments, including mark map, for a commitment period starting on 1. September of the calendar year shall be submitted at the earliest from 1. February in the calendar year and must be received no later than the same calendar day on which the deadline for application for the single payment expires.

(3). Food Industries can in special cases, grant derogations from the referred to in paragraphs 1 and 2 above application periods and from the information referred to in paragraph 1, no. 1, the deadline for establishment of the drainage conditions, which should be valid for the areas.

§ 10. If an applied area is transferred before a decision on commitment to subsidy, can occur in the application the transferee provided that submitted a declaration to that effect to the Food industry.

(2). The Declaration must be submitted on a special form, which is available via the Food Business website or by contacting the Food Profession.

Priority

§ 11. Food Profession gives priority to the applied areas. Priorities are implemented on mark level and thus, to select who is the subject of an application from or owned by a public institution, a public corporation or a municipal community, priority for other fields. Within each of the two main groups of select priority after mark size, since a larger mark prior to a minor mark.

Chapter 4

Commitment period and conditions for undertakings

§ 12. Commitment period begins a 1. September and end on 31 December 2005. August five years later. A tilsagnsår begins the 1. September and expires on 31 December 2006. August the following year.

Conditions relating to the location and plot size

§ 13. Commitments for grants for an area is subject

1) that the land is designated as an area for which the commitment may be applied for grants in that application period referred to in article 6. § 7, and

2) to the area, which sought the commitment of grant, constitutes a coherent area of not less than 0.30 ha.

Conditions relating to the circumstances of the undertaking period and article 68 support schemes

§ 14. Commitments for grants for an area is subject

1) that area is not at the beginning of the commitment period and with effect in this absence of regulation, which ensures maintenance of the drainage conditions, which should be valid for the area for the sake of nature, or the drainage conditions that in the main proceedings correspond thereto, as a result of commitments for grants pursuant to other legislation, agreement involving the payment of the said regulation, easement or duty imposed pursuant to other legislation,

2) that for the area not with effect at the beginning of the commitment period in the absence of commitments for grants pursuant to bekendtgørelse nr. 140 by 10. March 2005 or earlier notices about grants for eco-friendly agricultural measures, Decree No. 84 of 27. January 2005 on environmental conditional grants or order No. 893 of 22. September 2005 for grants to environmentally friendly operation of wetlands,

3) that for the area not with effect at the beginning of the commitment period in the absence of commitments on subsidies for set-aside buffer zones, for the care of grass and natural areas for maintaining wetlands, wetland or to the environment to health care conditional grant in virtue of rural law and

4) that, for the area not with effect for one calendar year, where the tilsagnsår starts or expires, shall be granted special aid, as provided for in article 68 of Council Regulation (EC) No 1782/2003. 73/2009, to extensive farming, for the establishment of multiannual energy crops or for the care of permanent pasture.

Conditions that must be met throughout the period of the undertaking

§ 15. Commitments for grants for an area is subject

1) that undertaking gardens throughout the period of the undertaking which owns or rents driver area

2) that the area is not within the undertaking period covered by a grant scheme for forestry,

3) that the area is not within the undertaking period has imposed the duty, apart from fredskovs plants fredskovs responsible for providing land,


4) that the area is not in effect within the period covered by the undertaking agreement or easement pursuant to the Ministry of the environment Decree on criteria for the allocation of financial resources for the restoration of wetlands or the Ministry of the environment Decree on the restoration of wetlands, and

5) that undertaking gardens each year of the commitment period shall give its declaration to the effect that the conditions for the undertaking fulfilled, see. section 28, and that the Declaration is received in the Food Business by 1. August, or in cases where the 1. August is a Saturday, Sunday or Monday, the second weekday (Saturday excluded) that follows thereafter.

(2). Food Business may, in exceptional cases, dispense with the in (1). 5, specified period of time.

Drainage conditions and ground cover, etc. on the undertaking period

§ 16. Commitments for grants for an area is subject

1) to Food Industries estimates that the drainage conditions you want in the area of respect for nature, is or can be established, and

2) to catchment conditions at area throughout the period of the undertaking is in accordance with the terms thereof, which shall be fixed by the Food industry in the undertaking, and which, among other things. may include conditions for the establishment of grøble render.

§ 17. The undertaking areas must be designated as a grass or natural areas throughout the period, however, for the undertaking of paragraph 3 covered areas, starting from the time of establishment.

(2). The existing plant cover must be maintained by undertaking period if undertaking land for the growing season prior to undertaking period has been designated as a

1) grassland or

2) land with different vegetation cover that can be maintained on the undertaking period, and which is suitable for grazing and when.

(3). Undertaking land not covered by paragraph 2, must be zoned with grass sown with not more than 25 per cent nitrogen fixing plants. Grass areas should be established at the latest one month after the start of the undertaking. Food Industries can in special cases, grant a derogation from the time limit specified for the establishment.

(4). It referred to in paragraphs 2 and 3, the plant cover must be maintained throughout the period, however, for the undertaking of paragraph 3 covered areas, starting from the time of establishment.

(5). Notwithstanding paragraph 4, the following shall apply:

1) in applying paragraph 2 and 3 vegetation cover can be included in other plant species than those who entered at the start of the undertaking or by the tyre plant establishment, when there is talk about plant species that naturally has arrived on the undertaking areas at the same time that the other conditions for the undertaking is fulfilled.

2) Food Industries can dispensers so that ground cover can be changed when the change after Food Vocational assessment is an advantage for nature, environment and landscape.

3) Areas without adequate plant cover that has arisen as a result of the changed catchment conditions or as a result of footpaths with lawful access to the public, or which is made up of animal bills, are allowed.

4) food Profession may in exceptional cases authorise the plant covered temporary is not maintained.

§ 18. The undertaking areas shall each year on the undertaking period trimmed at least once within the period from the 1. July up to and including 31 December 2002. August, so that areas in their entirety the 31. August each year on the undertaking period has been trimmed and appears with close and low vegetation cover.

(2). Food Business for a tilsagnsår at a time can, in exceptional cases, grant a derogation from the conditions laid down in paragraph 1, if the conditions at area grounds.

§ 19. The undertaking areas must throughout the undertaking period, however, counted from the date of the application in respect of the provision in no. 1 for areas subject to a commitment period starting on 1 January. September 2009,

1) not supplied fertilizer, except for the manure left behind by grazing livestock, and

2 not supplied) plant protection products.

(2). Biodynamic preparations to be used on agricultural holdings is authorized by this Ordinance shall be deemed associated Demeter not as fertilizer or plant protection products.

(3). Food Industries can in special cases, grant derogations from paragraph 1, no. 2.

Preparation and storage of gødningsplan planning etc.

§ 20. The commitment of the grant is conditional upon

1) that, for the periods that expire within the undertaking period, 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

2) to gødningsplan planning to be prepared in accordance with no. 1, as well as tax, VAT and profit and loss accounts that relate to the tilsagnsår that the disbursement of subsidies happens, shall be kept by the undertaking for at least 5 years from the date of disbursement gardens at the time.

(2). By plan period, see. (1). 1, means a plan period for gødningsplan planning and fertiliser accounts in accordance with the law on agricultural use of fertilisers and plant cover.

Chapter 5

Modification of commitments and entry into commitments

§ 21. Food Profession may on application allow, that a commitment to grant converted to another undertaking, under the rural development programme, if

1) transformation entails significant benefits for the environment, and

2) the existing commitment is significantly reinforced.

(2). Application in accordance with paragraph 1 may be lodged from 1. February in the year in which the change is desired, and must be Food Business not later that same year, at the latest on the day on which the deadline for application for the single payment expires.

(3). Application in accordance with paragraph 1 may not include conversion to commitments on subsidies for afforestation.

(4). Food Industries can in special cases, grant derogations from the application period referred to in paragraph 2.

§ 22. Food Profession may upon receipt of satisfactory proof permit an area shall be deleted by the undertaking, if the land is subject to land consolidation or public or approved by the competent authority intervention in the context of spatial planning.

(2). The area of the undertaking shall be deleted with effect from the beginning of the tilsagnsår, where the conditions of the undertaking is not fulfilled for the whole undertaking this year.

§ 23. If undertaking an undertaking entrusts gardens area with effect prior to the expiry of the undertaking, it is a condition of the undertaking can be maintained, to acquire joins the undertaking with effect from the date of the transfer of financial responsibility for the operation of the area, and the timely submitted producer switch statement to that effect to the Food industry. The occurring in the undertaking, joins the rights, see. However, section 28, paragraph 3, and obligations under the undertaking.

(2). Producer declaration must be submitted on a special switching schema, which is available via the Food Business website or by contacting the Food Profession. A manufacturer of switch statement must be received in the Food Business not later than the day on which the earliest deadline for application for the single payment expires after the time of the transfer of financial responsibility for the operation of the area. If the transfer takes place less than 8 weeks before the next deadline for applying for the single payment, a manufacturer of switch statement must be received no later than 8 weeks after the Food Profession mentioned transfer. If the specified time-limit for the receipt of Commercial Food producer switch statement is a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follows thereafter.

(3). Upon timely receipt of a manufacturer of switch statement, see. (2) records the Food Profession acquires as a new undertaking gardens.

(4). Food Industries can in special cases, grant a derogation from the time limit referred to in paragraph 2.

Chapter 6

Calculation of the grant

§ 24. The annual subsidy represents 1,400 KR. per hectare.

§ 25. If the total subsidies for environmentally friendly agriculture for an area exceeds the amount that can be co-financed by the European Union, can supplement for maintaining changed drainage for land be reduced so that the total subsidies for environmentally friendly farming of the area does not exceed the amount that can be co-financed by the EU. By the total subsidies for environmentally friendly agriculture means all subsidies for environment-friendly agriculture in accordance with article 39 of Council Regulation (EC) No 1782/2003. 1698/2005 on support for rural development by the European agricultural fund for rural development, all subsidies for environmentally friendly agriculture under Chapter VI (agri-environment and animal welfare) of Council Regulation (EC) No 1782/2003. 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund, as well as all grants for environmentally friendly agriculture under Council Regulation (EEC) No 2377/90. 2078/92 on environment-friendly production methods in agriculture, as well as for natural care.

(2). The materiality of the reduction of subsidies in accordance with paragraph 1, the grants were included in the calculation, be supplements before deductions as a result of any sanctions in accordance with the relevant provisions.

(3). Non-compliance with the conditions for grant commitments may result in reduction of the grant, including in cases where the non-compliance is due to a new undertaking's conditions, and where the grant for that tilsagnsår is to be paid for an earlier undertaking gardens, see. section 28 (3). Food Business shall, in accordance with the provisions of the Community decision on the size of the reduction.


section 26. Joins an acquirer in a commitment to grant, see. section 23, on the basis of a manufacturer switch statement received in Food Profession later than 8 weeks after the date of the transfer of financial responsibility for the operation of the area, ineligibility for the area of the tilsagnsår within which, a manufacturer of switch statement is received. If the time limit of 8 weeks expires on a Saturday, Sunday, Monday, or a public holiday, the period shall expire on the second working day (Saturday excluded) that follows thereafter.

Chapter 7

Payment of grants

§ 27. Food Business shall pay the financial contribution once a year. The grant will be paid normally during the period from the 1. September until 31 December 2006. January of the preceding tilsagnsår.

(2). The grant is transferred to the undertaking's NemKonto, see. However, section 28, paragraph 3.

section 28. It is a condition for the payment of grants for a tilsagnsår that the inspection authority has the necessary access to areas in connection with on-the-spot checks, and that for that tilsagnsår is filed the request for payment of the financial contribution where the undertaking gardens

1) has declared that all the conditions of the undertaking are met, and

2) has reported the information requested to use for the calculation and payment of the financial contribution, including longitude, by undertaking the areas on the field map, which that year is applied to the application for the single payment.

(2). Request for payment of grants must be submitted on a special table, Common schema, which is available via the Food Business website or by contacting the Food Profession. The request can be completed and submitted via the Food Business website. Request, including mark map must be received in the Food industry in undertaking each year no later than the day on which the deadline for application for the single payment expires. For commitments for grants for a commitment period starting on 1. September 2009, request for payment of the allowance for 1. tilsagnsår, including mark map, however, only be received in Food Profession within 4 weeks after receipt of the applicant's undertaking. Late submission results in reduction or cancellation of the grant for that tilsagnsår in accordance with the Community provisions on the subject.

(3). Request for payment of the subsidy for an area shall be submitted by the undertaking, which upon the expiry of the time limit referred to in paragraph 2 the area as the owner or tenant, driver and registered in the Food Business as undertaking gardens or in the case of a manufacturer change will occur in the undertaking referred to in article 6. § 23. Grants for area shall be paid to the person who made the request for payment of the grant.

section 29. 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 requests for payment of the grant.

Chapter 8

Obligation

section 30. Undertaking gardens throughout the period of the undertaking, on request, declare to the Food Profession about whether conditions for the commitment of the grants continue to be met.

(2). Undertaking gardens is in the whole undertaking period, without undue delay, without prejudice to the obligation. However, section 23, paragraph 2, in writing, to give Food Business Notification of conditions that can result in cancellation of commitments for reimbursement or repayment of grants.

Chapter 9

Cancellation of commitments and repayment of grants

section 31. Commitments for grants for an area shall lapse,

1) if undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision,

2) if undertaking gardens overrides his duties after rural section 11 (2)

3) if the undertaking does not comply with his obligation after Gardens section 30, or

4) if they are in section 13, § 14, § 15, § 16 and § 19 listed conditions for grant commitments have not been fulfilled, including the fact that an undertaking is transferred, without acquiring land occurs in the undertaking.

(2). Food Business may decide that the commitment to grant for an area, if the lapse in section 17, section 18 and section 20 conditions laid down for the grant commitments have not been fulfilled.

(3). By cancellation of commitment grant, see. paragraphs 1 and 2, Food Business shall take decision on repayment of grants.

section 32. Food Profession may on application allow, that a commitment to grant will lapse without claims for refund of previously paid allowance if

1) definitively ceases agricultural gardens business undertaking, and there have been settled for at least 3 years of the commitment period for the area concerned,

2) undertaking entrusts agricultural holding, or gardens undertaking gardens entrusts all agricultural areas and agricultural undertaking holding holding, incidentally, reduced to two hectares or less, and

3) it is likely that the acquirer's entry in the undertaking is not possible.

(2). If permission is given under paragraph 1, and undertaking gardens later again personally or via a company or another legal entity starting agricultural business, Food Industries require repayment of an amount equal to the refund claim, there had to be raised, if that were not authorised in accordance with paragraph 1. The claim attributed to interest rates, see. § 36.

(3). Companies and other legal entities, which have pledged grants, may not be authorized in accordance with paragraph 1.

(4). Food Industries can in special cases, grant derogations from the provisions of paragraph 1, nr. 2, and paragraph 3. Food Profession can make a derogation from the provision in paragraph 3 that all participants in the legal entity undertakes to discontinue definitively with agricultural activities.

section 33. Food Profession may on application allow, that a commitment to grant will lapse without claims for refund of previously paid allowance, if the whole or part of the undertaking's holding is handed over to an organization that has as a main purpose for nature management to preserve the environment, provided that the purpose of the transfer is to implement a sustained change of land use for the purpose of nature conservation, and at the same time after Food Business assessment implies a significant environmental benefit.

§ 34. Joins an acquirer in a commitment to grant, see. section 23, the Food Profession provide that subsidies are paid to an earlier undertaking gardens, to be repaid by the new undertaking in cases where the Food Profession

1) shall decide on cancellation of commitments for grants as a result of the new undertaking's conditions,

2) shall decide on cancellation of commitments for grants as a result of the areas declared in a manufacturer of switch statement, is larger than the land can be determined, and the producer declaration that the new switch undertaking gardens at the onset of the undertaking will be responsible for the size of the areas listed in manufacturer switch statement or

3) notes that paid too much subsidy to a previous undertaking gardens as a result of the new undertaking's conditions.

section 35. If in accordance with section 21 is allowed, that an undertaking be transformed into another commitment under the rural development programme, and the new commitments will then lapse, Food Business can provide that paid subsidies pursuant to the previously announced commitments for grants for the maintenance of the modified drainage must be repaid, including subsidies paid to former tilsagnshavere. However, grants may not be recovered, if the circumstances that have led to the cancellation of the new undertaking, is found after the elapsing of 5 years from the beginning of the commitment period for the commitments which were converted.

§ 36. 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 10

Force majeure

section 37. Food Profession recognizes the following events as force majeure:

1) Undertaking's death.

2) Away the lessor's death.

3) the undertaking ' s incapacity to work for a longer period of time.

4) Expropriation, if any such expropriation could not be foreseen when the commitment period.

5) A severe natural disaster substantially affects the areas on the farm.

6) Destruction of livestock buildings on the holding at the accident.

7) the undertaking's crew will be hit by an epidemic of an infectious animal disease or resulting in public interventions and which are covered by it pursuant to the law on keeping of animals issued list of diseases to be combated, because they are of considerable social and economic importance.

8) change of conditions on undertaking land, where the change in accordance with the Food Business assessment is caused by nature and can be prolonged.

(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.

section 38. 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 11

Access to justice


§ 39. 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 the complaint has been lodged.

Chapter 12

Date of entry into force of

§ 40. The notice shall enter into force on the 1. February 2010.

(2). The Ordinance shall not apply to the applications for exemption, etc., relating to commitments that are not given by virtue of this Ordinance.
Food Industries, the 28. January 2010 Aren't b. Jackson/Steen Pawn