Decree On Subsidies For Private Afforestation

Original Language Title: Bekendtgørelse om tilskud til privat skovrejsning

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Overview (table of contents)



Chapter 1



Grants





Chapter 2



Beneficiaries of grants





Chapter 3



Economy





Chapter 4



Application, reporting and payment of grants





Chapter 5



Oversight, penalties, complaint and entry into force



The full text of the Decree on subsidies for private skovrejsning1)

Pursuant to section 29, paragraph 29 (a), article 57, article 59, article 61, paragraph 2, and paragraph 65, paragraph 3, of the law on forests, see. lovbekendtgørelse nr. 945 of 24. September 2009, as amended by Act No. 341 of 27. April 2011, fixed: Chapter 1 Grants section 1. Nature agency can award grants in accordance with the provisions of this Ordinance to increase the private forest area.

(2). In this order shall be considered as ornamental plants, fruit orchards, greenery, Christmas trees, energy crops and similar vegetation not for forest.

§ 2. Subsidies may be granted for: 1) construction and care of forest on privately owned farmland.

2) Location mapping, compilation of forest maps and other preparatory studies related to the award of grants under point 1. 1.3) Compensation for up to 10 years for loss of income resulting from afforestation.

4) Information, guidance, test and study activities, including archaeological feasibility studies relating to the measures referred to in point 1. 1 and 2.

§ 3. Grants may not be awarded under section 2, nr. 1 and 3, to measures like 1) there is an obligation to perform in accordance with skovloven or asserted easements, 2) given grants for other legislation, or 3) is started before there is pledged grants for that purpose.

§ 4. Grants under section 2, nr. 3, per-year lapse, the granting of subsidies to the area of set-aside entitlements for the single payment scheme referred to in article 6. The food Ministry's notice on direct payments to farmers in accordance with the single payment scheme.

(2). The grant will lapse for the entire area, even if only a part of the area covered by the set-aside entitlement.

(3). By cancellation of subsidies in accordance with paragraph 1, it can achieve a grant under section 2, nr. 3, in the following year, if the conditions for deletion no longer exist. The period in which the subsidy is granted pursuant to section 2, nr. 3, however, can never exceed 10 years from the date of notification of the project has commenced, in accordance with article 3. § 10.

§ 5. It is a condition that can be financed under section 2, nr. 1-3, to area 1) is at least 5 ha, in special cases, however, down to 2 ha, 2) not previously wooded or fredskovs liable, unless a decision on fredskovs duty on the area after the forest Act § 4 is listed second, 3) are not used as pool forest after skovloven of the basic regulation. notice of the replacement forest, nr. 1185 of 7. December 2011, planted or sown) with 4 suitable tree species, 5) will be fredskovs only after forest Act § 4, and 6) have been in commercial farming operation in the crop season preceding the time of application, or has been taken from operation with subsidies for environmentally friendly agriculture under a rural development programme or after the single payment scheme referred to in article 6. The food Ministry's legislation to that effect.

(2). There can only be granted under section 2, nr. 1 – 2, to the land which is located in an area where reforestation plan by region or municipality plan is undesirable if there is obtained a derogation for afforestation in accordance with Decree No. 637 out of 10. June 2010 on land resource's use of cultivation and nature.

(3). There can only be granted under section 2, nr. 3, to the land, as 1) afforested or construed to natural fouling, and 2) lies in a reforestation area in accordance with plan region or municipality plan.

Chapter 2 section 6 of the beneficiaries of grants. Grants under section 2, nr. 1-3 can only be granted to private owners of agricultural land. A private owner may be an individual, a company, a Foundation, association or similar.

(2). The private owner may not have entered into an operating agreement with or receive operating grants from the public to the area who sought reimbursement for.

(3). If the area to be financed, owned by more than one person, a company, a Foundation, association or similar, paid reimbursement to the opposite nature agency can demonstrate that represent all the owners.

(4). By change of ownership falls future payments after a pledge grant for the land away. A new private owner, which are not covered by paragraph 2, however, have the right to take over the rights and obligations under the undertaking.

Chapter 3 section 7 Economy. Allowance is paid in an amount to be fixed on the Finance Bill. The amount to be fixed for each year, can be divided into multiple application rounds.

Chapter 4 Application, reporting and payment of grants section 8. Applications for grants must be received by the agency within a time limit which shall be fixed by the Agency.

(2). Application must be completed and submitted electronically using digital self-service environment Ministry's service at virk.dk, which can be accessed via nature agency homepage. Applications that are not submitted through the Environment Ministry's self-service service on virk.dk shall be regarded as not received, see. However, paragraphs 5 and 6.

(3). Nature agency can issue receipts for the receipt of the electronic application without signature, alone with indication of nature agency as sender.

(4). Application for a grant under section 2, nr. 2, must be accompanied by documentation of work performed.

(5). Nature agency can in special cases grant exemption from the requirement of electronic filling and submission of application through the Ministry's digital self-service at virk.dk.

(6). Applicants residing outside Denmark, are exempt from the requirement for electronic application of paragraph 2.

Paragraph 7. Particularly flawed applications can be returned to the applicant without any further treatment.

§ 9. Reporting on the initiation and implementation of measures at the plants of the forest, which provided grants under section 2, nr. 1, and for preparatory studies under section 2, nr. 2, must be submitted to the agency within a time limit which shall be fixed by the Agency.

(2). Reporting on the initiation and implementation of care of forest, after which the grant of subsidy pursuant to section 2, nr. 1, takes place digitally via a special table "Common form", in accordance with rules to be determined by the Ministry of food.

(3). Commitments not yet disbursed grants lapses if the deadline for reporting non-compliance.

(4). In special cases, the Agency may grant derogations from the provisions of paragraph 3.

§ 10. Grants under section 2, nr. 1 – 2, paid when reporting under section 9 has been received and approved.

(2). Grants under section 2, nr. 1, will be paid in two installments, after reporting on the project is started and completed, respectively.

(3). Grants under section 2, nr. 2 shall be paid together with the first instalment, see. (2).

(4). Grants under section 2, nr. 3, shall be paid once a year in equal installments over 10 years. First payouts are made year after that nature Agency has received notification that the project is commenced.

(5). Payouts are made for Easy account of applicant section 11. Beneficiaries of grants must notify the Agency if the conditions for receiving a grant are no longer fulfilled. Notification shall take place within one month after that it can be ascertained that the condition is no longer fulfilled.

§ 12. Nature Agency shall lay down detailed rules concerning 1) applications and indberetningers, 2) form and content of application rounds, priority for grant funding and reimbursement rates, 3) deadlines for the submission of applications and reports, 4) authorization of alerts, 5) conditions for the grant and payment thereof and commitment 6) supervision, including on the calculation of land that has been granted subventions for under section 2, nr. 1-3. Chapter 5 Surveillance, penalties, complaint and the date of entry into force of section 13. Supervision of compliance with the notice provisions set out by the Agency in accordance with the provisions of the forest Act Chapter 8.

(2). For repayment of subsidy applies EU rules, see. Note 1.

§ 14. In the cases referred to in section 57, forest paid subsidies required wholly or partly repaid with interest.

(2). A decision on the repayment, is considered the required amount as due on the date of notification of the decision letter. From this day amount shall bear interest in accordance with renteloven.

§ 15. Decisions taken under this Ordinance cannot be brought before another administrative authority.

§ 16. The notice shall enter into force on 16 September. may 2012.

(2). Executive Order No. 1316 of 20. November 2006 on reimbursement for private afforestation is repealed, without prejudice to article. However, paragraphs 3 and 4.

(3). Commitments for grants that are given after previous announcements about grants to forest planting and care, maintained and processed finished after the previous rules.

(4). Grant applications received before the 16. may 2012 will be treated according to the rules laid down in Decree No. 1316 of 20. November 2006 on reimbursement for private reforestation.

The Ministry of the environment, the 8. may 2012 Ida Auken/Agnete Thomsen Official notes


1) Grant Scheme is part of the Danish rural development program implemented in accordance with Council Regulation (EC) No 1782/2003. 1698/2005 of 20. September 2005 on support for rural development by the European agricultural fund for rural development (EAFRD), the official journal of the European Communities L 277, 2005, page 1, and associated implementing provisions of the regulations: Commission Regulation 1974/2006 of 15. December 2006 implementing Council Regulation (EC) No 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD), Commission regulation 65/2011 by 27. January 2011 on the detailed rules for the application of Council Regulation (EC) No 1782/2003. 1698/2005, as regards control and cross-compliance in respect of rural development support measures, as well as the Community guidelines on State aid for agriculture and forestry for the period 2007-2013 (2006/C 319/01).