Notice Of Special Support To Farmers For The Production Of Perennial Energy Crops

Original Language Title: Bekendtgørelse om særlig støtte til landbrugere til produktion af flerårige energiafgrøder

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Overview (table of contents)



Chapter 1



The content and purpose of the scheme





Chapter 2



Definitions





Chapter 3



Application for support





Chapter 4



Prioritising applications for funding





Chapter 5



Areas for which the aid may be granted





Chapter 6



Conditions for the aid, the aid rate and payment of aid





Chapter 7



Cross-compliance





Chapter 8



Transfer of holdings





Chapter 9



Control





Chapter 10



Criminal provisions





Chapter 11



Date of entry into force of



The full text of the Decree on special support to farmers for the production of perennial energiafgrøder1)

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. 445 of 23. April 2010, fixed: Chapter 1 of scheme content and purpose section 1. This Ordinance relating to special assistance to farmers producing multi-annual energy crops on land eligible for the single payment scheme.

(2). The purpose of the special aid is to encourage the production of biomass by providing grants for the production of perennial energy crops. The scheme will also help to reduce emissions of nitrogen and pesticides into the aquatic environment.

Chapter 2 Definitions section 2. Special aid for the purposes of this Ordinance by the aid granted pursuant to 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.

(2). By filing this year, for the purposes of this Ordinance the calendar year in which the application for aid is lodged.

(3). In areas where, according to the State water plans must be a determined effort in the interests of the State of the environment in the coastal waters, for the purposes of this Ordinance the areas shown in the Food Ministry's Internet Mark map 1. February in the application year entitled energy crops.

(4). By nitrate sensitive areas for the purposes of this Ordinance the catchment areas, which appear with the same name on national environmental portal the 1. February in the application year.

Chapter 3 section 3 application for aid. Farmers who wish to receive aid under this scheme, each year, must submit an application to the Danish Agrifish Agency. Applications must be submitted on a special table, "Common form" submitted in accordance with the provisions of the NaturErhvervstyrelsens Ordinance on electronic common schema and mark short or later provisions, which had to replace those provisions.

(2). There can not be after this Ordinance applied for aid for areas which in the application year sought other special support than specific support for extensive farming.

Chapter 4 section 4 of the prioritisation of applications for funding. If the deposed framework does not allow to meet all applications for funding, priority for Danish Agrifish agency select which support is sought, in the following order, see. However, paragraph 7:1) Private parcels where there according to the, the 1. February in the application year, present state water plans must be a determined effort in the interests of the State of the environment in the coastal waters.

2) Public select where, according to the, the 1. February in the application year, present state water plans must be a determined effort in the interests of the State of the environment in the coastal waters.

3) Other private fields.

4) Other public fields.

(2). Within each of the priority classes referred to in paragraph 1 shall give priority to Danish Agrifish agency select which support is sought, in the following order: 1) Select to be used for growing willow.

2) Select to be used for the cultivation of poplar.

3) Select to be used for the cultivation of rødel.

4) Select to be used for the cultivation of ash, Hazel or a mixture of the limit of tree species.

(3). Within each of the priority classes referred to in paragraph 2, which examined select Danish Agrifish agency prioritizes aid, in the following order: 1) Fields in nitrate sensitive reclamation areas.

2) Other fields.

(4). Aid may be granted only for fields that are covered by one of the priority classes specified in paragraph 3, if the marketed products allows to provide support for all fields covered by the respective priority class.

(5). 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.

(6). 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.

(7). By select in the in clause 4 (1) (8). 1-2, and paragraph 3, nr. 1, for the purposes in connection with the priority areas indicated that the battlefield is located within a mark block, see. paragraphs 8-10, involving at least 100 m2 of the area in question.

(8). By mark blocks means mark blocks with the mark block boundaries as determined in the NaturErhvervstyrelsens electronic reporting system for field map (Internet Mark card).

(9). By giving priority to select the scope of section 4, paragraph 1, applied mark blocks, as they appear, respectively the 1. February of this year and on the application of article 3, paragraph 1, specified period of time. By priority a field covered by 1. section affected by mark block change, applied mark blocks on it of the listed times, giving priority to the most advantageous ground.

Chapter 5 Land in respect of which aid may be granted to section 5. Aid may be granted only in respect of areas eligible for aid under the single payment scheme, and as is done with multi-annual energy crops established by 31 December 2005. December in the year preceding the year of application.

(2). There can be no aid shall be granted for the following areas: 1) Areas for which with effect prior to the year of application in the absence of commitments for grants 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 reduction of nitrogen supply.

2) Areas for which prior to the year of application in the absence of an obligation as a result of the commitment of the grants for the establishment of landscape and habitat improvement plantings pursuant to bekendtgørelse nr. 1101 of 12. December 2002 or commitments for grants pursuant to bekendtgørelse nr. 248 of 11. April 1994 concerning grants for læplantning.

3) Areas for which with effect prior to the year of application in the absence of commitments on subsidies for 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.

4) Areas for which prior to the year of application in the absence of an obligation as a result of the commitment of the grants for the establishment of landscape and habitat improvement plantations under rural law.

5) Areas covered by commitments on subsidies for afforestation within the scope of Council Regulation (EC) No 1782/2003. 1257/1999 of 17. May 1999 on support for rural development from the European agricultural guidance and guarantee fund (EAGGF) and amending and repealing certain regulations.

6) Areas covered by commitments on subsidies for afforestation within the scope of 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).

Chapter 6 conditions for the aid, the aid rate and payment of the support section 6. An area for which aid is sought, should constitute a coherent area of not less than 0.30 ha.

(2). Aid shall be granted only if the eligible area, which must be granted direct payments pursuant to Council Regulation (EC) No 73/2009 is at least 2 ha, unless the total amount of aid to the farmer in the form of special aid for male bovine animals and aid on the basis of special payment entitlements shall represent an amount equal to not less than 300 euro.

(3). The total area of an application for support for this scheme, must be at least 1 ha.

§ 7. Energy crop on acreage must be established with one or more of the following species: 1) Arrow genus (Salix sp.).

2) Poplar genus (Poppulus sp.).

Rødel (Alnus glutinosa)) 3.

4) ash (Fraxinus excelsior).

Hazel (Corylus avellana)) 5.

(2). Vegetation shall be maintained in the application year with at least the following population density: 1) For arrow, rødel, Hazel and ash at least 8,000 plants per ha either as pure stock or in mixtures of these species. Poplar can also be included in the stocks of these species, provided the population density is minimum 8,000 plants per hectare.

2) For poplar in pure stock a minimum of 2,000 plants per hectare.


(3). There must not, in the areas for which aid has been granted Act individual scattered self-seeded trees.

§ 8. The aid rate represents an amount in Danish kroner equivalent to 67 euro per hectare.

Chapter 7 cross-compliance to section 9. Rules in NaturErhvervstyrelsens order on cross-compliance and rules of good agricultural and environmental condition established under Council Regulation (EC) No 1782/2003. 73/2009 shall apply to applications filed under section 3.

Chapter 8 transfer of holdings section 10. 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 9 Control section 11. On-the-spot checks with the covered areas, etc. carried out by Danish Agrifish Agency 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.

§ 12. 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, fertiliser plans, spray records, business documents and accounting material, etc.

Chapter 10 penal provisions § 13. Violation of section 12 in the context of the checks provided for in article 11 is punishable by 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 11 coming into force of section 14. The notice shall enter into force on 12 December. February 2012.

Danish agrifish Agency, the 10. February 2012 Pernille Andersen/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 direct support schemes for 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.