Order On Subsidies For Natura 2000 Projects To Create Natural Tidal

Original Language Title: Bekendtgørelse om tilskud til Natura 2000-projekter om etablering af naturlige vandstandsforhold

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Overview (table of contents)

Chapter 1

Objective of the scheme and content


Chapter 2

definitions


Chapter 3

administration


Chapter 4

Area Designation


Chapter 5

Commitment Eligible projects


Chapter 6

Terms of commitment grants


Chapter 7

Changing the project and joined the commitments


Chapter 8

Eligible project costs


Chapter 9

Calculation of the grant


Chapter 10

Payment of subsidies


Chapter 11

Duty to notify


Chapter 12

Cancellation of commitments and repayment of grants


Chapter 13

Force majeure


Chapter 14

Commencement


Appendix 1

Habitats can not be included in a project for the establishment of natural water level conditions as required. However, § 10 paragraph. 2, no. 2


The full text
Order on subsidies for Natura 2000 projects to create natural tidal
Pursuant to § 3, see. § 2, no. 4 e and no. 6, point c , § 5 pieces. 1, § 7, paragraph. 4 and § 11 paragraph. 4 of Law no. 316 of 31 March 2007 on rural development (Rural Development Act) provides:

Chapter 1

Scheme purpose and content

§ 1. The scheme aims to provide grants to non-productive investments for the creation of natural water level conditions, which can help to ensure or improve the conservation status of habitats and species in specially designated Natura 2000 areas of hydrology, see. § 8. | ||
§ 2. Nature Business Authority may within the framework of the annual budgets

1) pledging grants for feasibility studies,

2) pledging subsidies for non-productive investments in connection with the establishment of natural water level conditions that may contribute to achieving the objectives of the system, and

3) reserve financial framework for projects covered by no. 2 to the commitment of funding for maintaining natural water level conditions under the Rural Development Act.

PCS. 2. Approval for grants can be given to private landowners, private companies, public companies, foundations, associations, organizations, government agencies and local communities.

Chapter 2

Definitions

§ 3. The feasibility purposes of this Order studies conducted prior to the establishment of natural water level conditions and determines whether the establishment of natural tidal can be implemented. Feasibility studies include property and technical issues.

PCS. 2. Property Technical feasibility studies include in this notice studies defining landowners agree to the project, and the need to reserve the grant funds for maintaining natural water level conditions.

PCS. 3. Technical feasibility studies include in this notice studies that describe technical and biological factors of importance for the establishment of natural water level conditions, including the size of the affected area, soil conditions, topography, flora and fauna, and describes the way the establishment of natural water level conditions may contribute to to further the purposes of this scheme.

PCS. 4. When establishing natural tidal purposes of this Order, raising the water level, and that the resulting water level is natural habitat type.

Chapter 3

Administration

control

§ 4. Of Business Authority shall carry out administrative operations under this Order. On-site inspections as part of the administrative checks carried out by Nature Business Authority.

PCS. 2. Nature Business Authority is responsible for the physical checks and the subsequent accounting controls.

PCS. 3. Nature Business Authority may order for checks to obtain information from other authorities as appropriate in accordance with the Rural Development Act § 12.

Application for commitments for grants

§ 5. Application for commitments for grants for feasibility studies and the establishment of natural tidal submitted to Nature Business Authority on a special form, available via AgriFish Agency's website or by contacting Natural Business Authority.


PCS. 2. If the applicant wishes reservation of a financial framework for commitments on subsidies for maintaining natural water level conditions under the Rural Development Act, the application for reservation of a financial framework for this submitted along with application for a commitment of funding for the establishment of natural water level conditions and in the same application as mentioned in paragraph. 1.

PCS. 3. The application shall contain the information and be accompanied by the documents that Nature Business Authority demands for use of the procedure, including the following:

1) When applying for a commitment of funding for feasibility studies

a) a description of the feasibility studies to be undertaken, and the project to establish natural water level conditions that preliminary investigations relate

b) a map of the areas where you want established natural tidal and

c) the municipality's statement that the project to establish natural water level conditions that the feasibility study concerns are consistent with the state and municipal Natura 2000 planning, unless the areas where you want established natural tidal, only include areas where public owns draw up management plans.

2) When applying for a commitment of funding for the establishment of natural tidal

a) a description of the project including the expected effects on habitats and species in the Natura 2000 area, and a justification of the selected solution

b) a map of the areas included in the project area,

c) one or more images documenting the physical appearance of the project area in the calendar year in which the application for commitment grants administered

d) at least two binding offer, which includes at least 90 per cent. of the estimated costs,

e) the municipality's statement that a plan to create natural water level conditions are in line with the state and municipal Natura 2000 planning, unless the project area covers only areas where a public owns draw up management plans,

f) an explanation by an academic expert on the water level conditions established by the project, including a map of the areas affected by these tidal and

g) evidence that for all properties with land within the project area is accepting registration of easement within the meaning of § 13

PCS. 4. Applications may be submitted from March 1 and must be received in Nature Business Authority by 1 May of that year. Nature Business Authority may specify additional application periods, published in Nature Danish Business Authority's website no later than 4 weeks before the application period begins. In cases where the deadline is a Saturday, Sunday, Monday or public holiday the time the application deadline on the second working day (Saturday excluded) that follows.

PCS. 5. Nature Business Authority may in special cases grant exemptions from. 3, no. 2, point d, and those listed in paragraph. 4 listed application periods.

PCS. 6. Nature Business Authority acknowledges receipt of the application and related grant permission to launch the project.

Priorities and Decision

§ 6. Of Business Authority prioritises projects applied with separate priorities for each of the following categories:

1) Projects which include feasibility studies.

2) Projects which include establishing natural water level conditions.

PCS. 2. As regards the paragraph. 1 categories listed lays Nature Business Authority within the overall economic framework indicative commitments frames. Indicative commitment framework that applies to an application period, published by Nature Business Authority on Nature Business Authority's website by the beginning of the application period.

PCS. 3. Within each of the paragraph. 1 categories listed priority AgriFish Agency the projects applied in the following order:

1) Projects in which at least 50 per cent. of the areas shown on the map for application, are privately owned. At the privately owned land meant for priorities that the land is not owned by a public institution, a public company or a municipal association.

2) Projects, where over 50 per cent. of the areas shown on the map for the application is owned by a public institution, a public company or a municipal association.


PCS. 4. If because of the funding framework for the application period should be refused for some of the projects that are assigned to any of the paragraphs. 3 priorities indicated classes, projects will be prioritized according to the size of the areas shown on the map accompanying the application, with a larger area precedes a smaller area.

§ 7. Of Business Authority may decide on rejection or partial rejection of applications if AgriFish Agency estimates

1) the effect of the proposed project does not sufficiently contribute to achieving the objective of the scheme

2) the effect of the proposed project is not sufficient in relation to the total project cost, or

3) the estimated costs are reasonable.

Chapter 4

Area Designation

§ 8. On the basis of a professional assessment from Nature Agency appoints Of Business Authority within Natura 2000 areas, which can be applied for a commitment of funding for the establishment of natural water levels (particularly designated Natura 2000 areas for hydrology).

PCS. 2. By the beginning of the application period informs AgriFish Agency on AgriFish Agency's website on the land designation in force for the application period.

Chapter 5

Commitment Eligible projects

Feasibility studies

§ 9. Approval for grants for feasibility studies can be given for projects where the land occupied is desired to establish natural water level conditions, the following conditions:

1) At least 50 per cent. of the land must when applying the beginning be specially designated Natura 2000 areas of hydrology.

2) The application period may be areas not included in a project related to the change in water level conditions and for which there is a commitment of funding under LIFE + EU support for nature and the environment, and how the project relates to the operations area LIFE + Nature.

Creation of natural tidal

§ 10. Approval for grants for establishing natural water level conditions may be granted for projects that AgriFish Agency estimates can help to meet the scheme's objectives.

PCS. 2. The following conditions apply to the project area:

1) At least 50 per cent. of the project area should be at the application period beginning be specially designated Natura 2000 areas of hydrology.

2) The project area must not include land that at the time of application for commitments for grants registered on the short side arealinfo.dk as listed in Annex 1 habitats. The listed in Annex 1 habitats can be included in the project area, if AgriFish Agency estimates that there are special drainage conditions that justify this.

3) The project area must know the application period does not include land that is part of a project related to the change in water level conditions and for which there is a commitment of funding under LIFE + EU support for nature and the environment, and how the project relates to the operations area LIFE + Nature.

Chapter 6

Terms of commitments for grants

Feasibility studies

§ 11. Approval for grants for feasibility studies and is subject

1) the applicant shall provide the information AgriFish Agency requests for use of the procedure,

2) that the project will be completed by a date to be fixed by Nature Business Authority so that a maximum of one year running from commitment date and until the end of the project

3) the commitment holder submitting final payment requests and project report on time to AgriFish Protection Agency,. § 22, and

4) the payment request with the associated original records are kept available for at least 5 years from the date of final payment of subsidies.

PCS. 2. The applicant must indicate whether the project is covered by a contract covered by the EU procurement rules or offer Act.

PCS. 3. If the project is subject to a contract covered by the EU procurement rules or offer Act, commitments gardens keep documents demonstrating that the EU procurement rules or offer Act are met, available for at least five years from the date of final payment.

Creation of natural tidal

§ 12. Approval for grants for establishing natural water level conditions are subject

1) that the necessary permits from government authorities obtained

2) the applicant shall provide the information AgriFish Agency requests for use of the procedure,

3) the project is completed by a date set by Nature Business Authority so that a maximum runs two years from commitment date and until the end of the project


4) the commitment holder submitting final payment requests and project report on time to AgriFish Protection Agency,. § 22

5) that the project be maintained for a period of at least 3 years from the date on which the project must be completed, at least 5 years from commitment date

6) the payment requests with the associated original records are kept available for at least 5 years from the date of final payment of subsidies, and

7) the commitment holder shall ensure that control authority has access to the project area during the inspection.

PCS. 2. The applicant must indicate whether the project is covered by a contract covered by the EU procurement rules or offer Act.

PCS. 3. If the project is subject to a contract covered by the EU procurement rules or offer Act, commitments gardens keep documents demonstrating that the EU procurement rules or offer Act are met, available for at least five years from the date of final payment.

§ 13. Approval for grants for establishing natural water level conditions are also subject to the commitment holder shall ensure that in paragraph. 2 above provisions and any provisions pursuant to § 14 is a registered as easement on all properties with land within the project area. In easements must AgriFish Agency be listed as prosecutor.

PCS. 2. Implementation of the project must land within the project area permanently remain a wetland and maintained as grassland or nature areas. Forest established prior to the application for a commitment of funding may be maintained, but can not be covered by the commitment of funding for maintaining natural water level conditions under the Rural Development Act. For areas within the project area the following applies:

1) The area must not be used for the establishment of forest or energy, low or coppice.

2) The area must not be used for growing crops, including not used for seed production and cultivation of energy crops, ornamental plants, greenery and Christmas trees, but this does not preclude that grass and other vegetation on the land can be used for grazing, silage, reed or the like.

3) runs must not fed plant. Nature Business Authority may in special cases grant exemptions from the prohibition of applying plant protection products.

4) runs must not applying manure, apart from the manure left by grazing livestock.

5) runs must not fed soil.

6) runs must not rescheduled.

7) Do not grant fed on the land. Minerals are not considered as supplementary feed. Nature Business Authority may in special cases grant exemptions from the ban on subsidies feeding on the land.

8) Activities that owners and tenants to initiate or permit on the part of the areas nearer than 5 meters from open bodies of water over 100 m² and shorelines, to be carried out in a way that does not cause erosion of that part of the land. The distance is calculated from the river or lake's upper edge or in the case shorelines from this year's normal high-water line. Nature Business Authority may in special circumstances exemptions to the first section.

9) The monitoring authority should have access to the project area during the inspection.

10) There must be the access to the project area, which is necessary to fulfill conditions relating to maintenance of the plant.

11) The habitat and the circumstances that formed as a result of the provisions to be registered under this decree are not covered by the exception rule (1-year rule) in § 2. 1 and 3 of Executive Order no. 1172 of 20 November 2006 on protected habitats or later provisions that may supersede those rules.

12) The Nature Business Authority authorizes thereto must have access to outdoor areas in the project area in conjunction with measurements of the effect of the project on nature, and to take samples.

§ 14. Of Business Authority sets in undertaking detailed conditions on tilsagnshavers obligation to inform the public financing of the project and to publish information about the project in relevant newspapers, magazines and the like or tilsagnshavers website.

PCS. 2. Nature Business Authority may in the commitment set additional conditions for the commitment, including

1) conditions that easements for the project area shall contain detailed provisions indicated in addition to the provisions set out in § 13 paragraph. 2, including provisions for drainage conditions, maintenance of plant and plant cover, and


2) conditions for the auditor's statement in connection with the request for payment of grants.

Chapter 7

Change project and joined the commitments

§ 15. Amendment of a project, including the under § 11, paragraph 1, no. 2 and § 12 paragraph. 1 pt. 3 deadline for the completion of the project can be approved by Natural Business Authority on condition that the change after AgriFish Agency's assessment is consistent with the purposes of the project. An application for amendment of a project must be approved by AgriFish Agency before the change is implemented.

PCS. 2. Commitment amount can not be increased in connection with changes in the project.

PCS. 3. Request for change of a project must be received in AgriFish Agency no later than two months before the date on which the project must be completed. Nature Business Authority may in special cases grant exemption from this deadline.

§ 16. Of Business Authority may, upon application, to another, according to § 2. 2, can be committed gardens, enters into a commitment of funding. Whoever joins the commitment, enters the rights and obligations under the commitment.

PCS. 2. An application under subsection. 1 must be submitted on a special form, available via AgriFish Agency's website or by contacting Natural Business Authority.

Chapter 8

Eligible project costs

Feasibility studies

§ 17. The eligible project costs of feasibility studies may include

1) expenditure on salaries to tilsagnshavers personnel engaged in the project, see. However paragraph. 2

2) the cost of information and meetings and

3) cost of consultancy.

PCS. 2. Expenditure on the salaries tilsagnshavers personnel engaged in the project, is eligible only if the expenses are not usually funded by government agencies, public enterprises and local communities, and the cost can be documented by invoice or equivalent document.

PCS. 3. Nature Business Authority may on application approve other expenses not covered by paragraph. 1 listed as eligible. It is a condition of approval, the expenditure is essential to the project.

Creation of natural tidal

§ 18. The eligible project costs for the establishment of natural water level conditions may include

1) costs of materials and construction, including construction services,

2) expenditure on salaries to tilsagnshavers personnel engaged in the project, see. However paragraph. 2

3) costs of consultancy and

4) cost of fee for registration of easements, see. § 13 paragraph. 1.

PCS. 2. Expenditure on the salaries tilsagnshavers personnel engaged in the project, is eligible only if the expenses are not usually funded by government agencies, public enterprises and local communities, and the cost can be documented by invoice or equivalent document.

PCS. 3. Nature Business Authority may on application approve other expenses not covered by paragraph. 1 listed as eligible. It is a condition of approval, the expenditure is essential to the project.

Project expenditures are not eligible

§ 19. The eligible project costs for feasibility studies and for establishing natural water level conditions may not include

1) expenses incurred by the commitment holder has incurred in Nature Business Authority has given permission to launch the project provided. § 5, paragraph. 6, however, if such permission is not given, expenses that commitment gardens organized within tilsagnshavers receipt of the undertaking,

2) expenses related to activities that commitment holder or an owner or tenant of land in the project area on establishing natural water level conditions are required to implement under other legislation

3) the cost of receiving public aid or aid under other legislation

4) financing and banking costs

5) VAT unless it definitively borne by the undertaking gardens

6) expenditure on research and technological development,

7) the purchase of used equipment and used equipment

8) the cost of hiring and leasing of equipment and materials

9) expenses in kind, as referred to in Article 54 of Commission Regulation (EC) no. 1974/2006 of 15 December 2006 implementing Council Regulation (EC) no. 1698/2005 on support for rural development from the European Agricultural Fund for Rural development (EAFRD) and


10) expenditure on activities in areas under forests or located in the forest, including firebreaks.

Chapter 9

Grant calculation

§ 20. Grants can be provided by 100 per cent. of the eligible costs.

PCS. 2. Eligible expenses may include only expenses that are necessary for implementation of the project. Grants can not exceed the committed amount set by Nature Business Authority in commitments for grants.

PCS. 3. Nature Business Authority may reduce the total value of the eligible project costs for a project if the Agency determines that the rules of the EU procurement rules or the rules of the Procurement Act are not met. Reduction of eligible project costs will be determined based on an assessment of the nature and gravity of the infringement and based on an assessment of the financial loss to the European Agricultural Fund for Rural Development (EAFRD), are believed to be involved.

Chapter 10

Payment of subsidies

§ 21. Payment of subsidies is based on tilsagnshavers statement of paid eligible expenses must be documented. Request for payment of subsidies should be made on a special form which is available via AgriFish Agency's website or by contacting Natural Business Authority. The request must contain the information and be accompanied by the documents that AgriFish Agency requires for the calculation and payment of subsidies.

§ 22. Subsidies for feasibility studies paid as a single payment after the project's completion. Support for establishment of natural water level conditions may be paid in two installments, the first installment must be at least 20 per cent. and a maximum of 85 per cent. the commitment amount.

PCS. 2. It is a condition for payment of subsidies that the necessary permits from government authorities is obtained. For projects to create natural water level conditions, payment of subsidies conditional on there are easement on all properties with land within the project area, see. § 13.

PCS. 3. Final payment request must be accompanied by a project report and received by the Nature Business Authority within 3 months after the date in which the project must be completed. Nature Business Authority may in special cases grant exemption from this deadline. The project report must be made on a special form, available via AgriFish Agency's website or by contacting Natural Business Authority. The project report on establishing natural water level conditions must be attached to one or more images that document the area with their physical appearance after completion of the project.

PCS. 4. The grant is transferred to tilsagnshavers NemKonto.

Chapter 11

Notification Obligation

§ 23. The commitment holder shall, throughout the period in which the conditions for commitment of funding must be met, at the request declare the Nature Business Authority whether the conditions for commitment of funding continue to be met.

PCS. 2. The commitment holder is for the entire period in which the conditions for commitment of funding must be met obliged without undue delay to give AgriFish Agency notice of conditions that may void the commitment of funding or repayment of subsidies according to § 24

Chapter 12

Lapse of commitment and recovery of aid

§ 24. Approval for grants lapse if

1) a commitment holder has provided false or misleading information or failed to disclose information relevant to the decision

2) commitment holder fails to fulfill its obligations under the Rural Development Act § 11 paragraph. 2

3) commitment holder does not fulfill its notification obligations under § 23

4) the project is not carried out in accordance with the undertaking, or

5) the conditions for commitment of funding are not met.

PCS. 2. Notwithstanding paragraph. 1 can AgriFish Agency maintain commitment despite the provision in § 11 paragraph. 3, or § 12 paragraph. 3 is not met if AgriFish Agency estimates that the failure to comply with § 11 paragraph. 3, or § 12 paragraph. 3, is not material.

PCS. 3. In accordance with paragraph. 1 case referred AgriFish Agency decision on the repayment of subsidies. The calculation of the repayment is attributed to interest rates. The interest rate spread is calculated from the date of notification of the repayment obligation to the repayment happens with the Act on Interest on Overdue Payments Act (Interest Act) fixed the reference rate plus. Rent allowance is equal to at least 50 kr.

PCS. 4. If the project is not completed, cancels Nature Business Authority the easement that has been registered in accordance with § 13

Chapter 13

Force majeure


§ 25. Of Business Authority recognizes the following events as force majeure:

1) Tilsagnshavers death.

2) Bortforpagters death.

3) Tilsagnshavers incapacity for longer.

4) Expropriation, if such expropriation could not be foreseen at the time of the applicant's receipt of the undertaking.

5) A severe natural disaster gravely affecting the areas covered by the project.

PCS. 2. It is a condition for recognition of force majeure in the case that the events have occurred that prevents the fulfillment of the obligations in relation to the force majeure is invoked, and that it undertook not without disproportionate sacrifices could have secured against it.

PCS. 3. Nature Business Authority may, in exceptional circumstances, recognize other events as force majeure than those referred to in paragraph. 1.

§ 26. If the commitment holder or his estate wants to invoke force majeure shall be notified in Nature Business Authority in writing within 10 working days after the date when the commitment holder or his estate is able to do it. The notification must be accompanied by adequate documentation.

Chapter 14

Entry into force

§ 27. This Order shall enter into force on 1 March 2012.

AgriFish Agency, 28 February 2012
Pernille Andersen
/ Marianne Nielsen



Appendix 1

Habitats can not be included in a project for the establishment of natural water level conditions as required. However, § 10 paragraph. 2, no. 2











Habitats Directive number for habitat




Habitatnaturtypens name




2140


Klithede



2250


Juniper Dunes



2310


Some landlocked dune



2320


Crowberries Inland dune



2330


Grass-inland dune



4010


Wet heat



4030


Dry heat



7110


Højmose



7120


Degraded bog



7140


mires



7210


Avneknippemose