Decree Amending The Decree On It Currently Stands For Development And Demonstration On Primary Agriculture And The Processing Of Food

Original Language Title: Decree amending the Decree on subsidies for development and demonstration on primary agriculture and the processing of food

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Decree amending the Decree on subsidies for development and demonstration related to the primary agriculture and related processing in the food sector

§ 1

In executive order No. 932 of 19. July 2010 on grants for development and demonstration related to the primary agriculture and related processing in the food sector, as amended by Decree No. 1473 of 16. December 2010, is amended as follows: 1. Everywhere in the notice, the words ' Food Business ' to: ' Danish Agrifish agency ', and the ' Food Industry ' shall be replaced by: ' NaturErhvervstyrelsens '.

2. In section 2 is inserted as paragraph 5, 6 and 7: ' paragraph 5. By primary agriculture for the purposes of this Ordinance an agricultural holding, which produced agricultural products, and where the products are not on the agricultural holding is the subject of processing. Activities on the agricultural holding, carried out in preparation of the product for the first sale, shall not be considered as processing.

(6). By a program group for the purposes of this Ordinance a group consisting of a region and one or more of the municipalities in the region concerned, which has prepared a regional program, see. paragraph 7, and for which group Danish Agrifish Agency has set aside a special target EU co-financing framework, within which the participants in the regional group can provide national public co-financing for projects that apply for grants until after this announcement.

(7). By a regional program for the purposes of this Ordinance an application that is compiled by a program group, and which is the basis for the decision on whether or not one or more of the participants in the program group will provide national public co-financing of projects under one or more of the following notices issued pursuant to the Act: 1) notice on rural development grants for networking activities and grants to promote the marketing of foods covered by an EU quality scheme.

2) Decree on subsidies for natural and environmental projects.

3) Decree on subsidies for development and demonstration related to the primary agriculture and related processing in the food sector.

4) Decree on grants for projects concerning the creation of new jobs in rural areas.

5) Decree on subsidies for attractive living conditions in rural areas. '

3. paragraph 3 is replaced by the following: ' 3. Danish agrifish agency carrying out checks in connection with the Administration after this announcement. On-the-spot checks, as part of the administrative checks shall be carried out by Danish Agrifish Agency.

(2). Danish agrifish agency responsible for carrying out the physical checks and the subsequent accounting control.

(3). Danish agrifish agency can to use for verifying, where necessary, obtain information from other authorities in accordance with the rural section 12. '

4. Article 4, paragraph 2 is replaced by the following: ' (2). Applications may be submitted from 1. December in one calendar year and must be received in Danish Agrifish agency no later than 31 December. January of the following calendar year, however, applications for 2012 first from the 2. January 2012 and must be received at the Agency no later than the 15. February 2012. Agency may impose additional application periods that will be published on the Agency's website no later than four weeks before the filing period. In cases where the last day of the filing period is a Saturday, Sunday, or public holiday, the period shall expire on Monday the second weekday (Saturday excluded) that follow hereafter. '

5. § 4, paragraph 3 is replaced by the following: ' (3). Within the budgeting frameworks can define one or more Danish Agrifish agency indicative framework for one or more areas of activity or to a particular activity. Board may determine in part indicative framework, where funding is derived from the Food Ministry's budget appropriation and from EU part-financing by the European agricultural fund for rural development (EAFRD) and, on the other hand, indicative framework for funds from the EAFRD for projects co-financed with other public funding than funds from Food Ministry budget appropriation. In connection with the fixing of indicative frameworks that only relates to funds from the EAFRD, the Agency decide on projects under such a framework can only be part-financed by the prescribed national public funding. The national public funds only can co-finance projects within such a framework, will be published on the Agency's website no later than the beginning of the application period. '

6. In paragraph 5 shall be added as paragraph 4: ' (4). The criteria referred to in paragraph 1 shall be used as the priority basis, if the total amount in a filing period is applied for grants for, is greater than the amount that is set aside under the respective indicative framework. '

7. Under section 5 shall be added as a new chapter:

» Chapter 3 (a)

Specially relating to projects subject to the particular undertaking framework for co-financing from regions and municipalities section 5 a. Danish Agrifish agency dedicating in 2012 and 2013 for each program group an indicative framework for EU funds to projects for which the national public co-financing only may be provided by one or more participants in an application pool. Danish agrifish Agency shall publish each calendar year the indicative framework for EU funding for each programme group on the Agency's website. Publication shall not later than one month before the first deadline.

(2). Notwithstanding section 4, paragraph 2, the application for a grant under one of the undertakings of paragraph 1 included specific indicative framework for EU funds are submitted to Danish Agrifish agency via the region, included in the program group, where one or more of the participants provides the national public co-financing for a project. The application pool will forward all applications received for Danish Agrifish agency before the next deadline for applications, see. (3). Program group Announces at the same time for each application, whether one or more of the participants in the program group would make public national co-financing for the project, as well as with the amount.

(3). Notwithstanding section 4, paragraph 2, the application for a grant under the pledge of paragraph 1 included indicative framework for EU funds be received in Danish Agrifish Agency by 1. March, 1. may, 1. July or 1 August. October. In 2013 must application for commitment, however, grants have been received in Danish Agrifish agency not later than the 15. January, 1. March, 1. may, 1. July, or the 1. September. In cases where the deadline falls on a Saturday, Sunday, Monday, or a public holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter. Applications may not be filed after the 1. September 2013. '

8. In section 6 shall be inserted as paragraph 8 and 9:» (8). The applicant must indicate whether the project is subject to a contract that is subject to EU procurement rules or quotation law.

(9). If the project is subject to a contract that is subject to EU procurement rules or quotation law, undertaking gardens keep documents that demonstrate that the EU procurement rules or rules of the Act have been complied with, the offer available for at least 5 years from the date of the final payment. '

9. In paragraph 8 shall be added as paragraph 2: ' (2). Producer organisations, as defined in Council Regulation (EC) No 1782/2003. 1234 by 22. October 2007 establishing a common organisation of agricultural markets (single CMO Regulation), or members of such a producer organisation in its operational programme in accordance with the same have the opportunity to receive support for the activities covered by this Ordinance, or activities that in the main proceedings correspond thereto, may not be able to receive commitments for assistance. '

10. section 9, paragraph 1, no. 1, is replaced by the following: ' 1) the cost of wages for the undertaking's staff to the extent that performance is directly related to the project and provided that the expense can be documented by invoice or equivalent documentation, ' 11. § 10 (1) (8). 10 and 11 are replaced by the following: ' 10) expenditure on research activities, 11) expenditure incurred before undertaking gardens Danish Agrifish Agency has given permission to launch projects, see. § 4, paragraph 5, and ' 12. In section 10, paragraph 1, the following is inserted as a no. 12: ' 12) expenses in the form of benefits in kind, as referred to in article 54 of Commission Regulation (EC) No 1782/2003. 1974/2006 of 15. December 2006 implementing Council Regulation (EC) No 1782/2003. 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD). '

13. In section 12 shall be added as paragraph 3: ' (3). Producer organisations as defined in Council Regulation (EC) No 1782/2003. 1234 by 22. October 2007 establishing a common organisation of agricultural markets (single CMO Regulation), or members of such a producer organisation in its operational programme in accordance with the same have the opportunity to receive support for the activities covered by this Ordinance, or activities that in the main proceedings correspond thereto, may not be able to receive commitments for assistance. '

14. In section 15 paragraph 5 is inserted: ' (5). Danish agrifish agency can reduce the total value of the eligible project costs for a project, if the Agency believes that the EU procurement rules or rules of quotation law have not been complied with. Reduction of the eligible project costs will be determined on the basis of an assessment of the nature and gravity of the infringement, as well as on the basis of an assessment of the economic losses of the European rural development fund for rural development (EAFRD), which is estimated to be connected therewith. '

15. In section 20 shall be inserted after paragraph 1 as a new piece:
' (2). Notwithstanding paragraph 1, the Danish Agrifish agency maintain the undertaking, although the provision in § 6 paragraph 9 are not complied with, if the Danish Agrifish Agency estimates that the non-compliance with article 6, paragraph 9, is not significant. "

Paragraph 2 becomes paragraph 3.

16. Chapter 12 revoked.

section 2 of the notice shall enter into force on the 1. January 2012.

Danish agrifish Agency, the 15. December 2011 Pernille Andersen/Steen Pawn