Ordinance Amending The Ordinance On Environmental Conditional Grants

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om miljøbetinget tilskud

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Ordinance amending the Ordinance on environmental conditional grants

§ 1

In executive order No. 70, 2. February 2009 about environmental conditional grants, as amended by Decree No. 42 of 14. January 2010 and Decree No. 1290 of 23. November 2010, is amended as follows: 1. In the introductory part, the words ' section 5 ' to: ' section 5, paragraph 1-3 ' and after ' (rural code) ' shall be added: ', as amended by section 11 of Act No. 341 of 27. April 2011, '.

2. Everywhere in the notice, the words ' Food Business ' to: ' Danish Agrifish agency ' and ' Food Industry ' shall be replaced by: ' NaturErhvervstyrelsens '.

3. Everywhere in the notice, the words ' Danish plant Directorate ': ' Danish Agrifish agency ' and ' the Danish plant Directorate ' shall be replaced by: ' NaturErhvervstyrelsens '.

4. Article 18, paragraph 2 is replaced by the following: ' (2). Application in accordance with paragraph 1 must be received in Danish Agrifish Agency in the application period is valid for application for the grant to be undertaking the transformation into. '

5. In article 19, paragraph 1, the words ' submission ' to: ' reception '.

6. Article 20, paragraph 2, 1. paragraph, shall be repealed, and replaced by:

The Declaration must be made on switch ' producer a special table. The schema can be up to 1. January 2013 are available via the NaturErhvervstyrelsens website or by contacting the Danish Agrifish Agency. From 1. January 2013 must form shall be completed and submitted electronically using the Food Ministry's Key self-service, which can be accessed through NaturErhvervstyrelsens website. '

7. In section 20 shall be inserted following paragraph 5: ' paragraph 5. By a manufacturer switch, where Danish Agrifish Agency has not received a manufacturer switch statement on the special form referred to in paragraph 2, at the end of the next deadline for applying for the single payment scheme after the date of the transfer of financial responsibility for the operation of the area, approves Danish Agrifish agency producer switch statement as timely received, regardless of whether it is in no. 2 listed period is later than the time limit referred to in paragraph 2, where the following conditions are met: 1) Danish Agrifish Agency receives a Companion scheme in which the transferred undertaking area is reported, and how acquired by selection in the relevant fields have indicated that the undertaking conditions are met. Common form must be received no later than the end of the next deadline for applying for the single payment scheme after the date of the transfer of financial responsibility for the operation of the land to the transferee.

2) Danish Agrifish Agency receives producer switch statement on the special form referred to in paragraph 2 no later than the expiry of a deadline set in a letter, as Danish Agrifish agency sends to the transferor and acquirer. '

8. Under section 24 shall be inserted:

» Reduction of grants in accordance with art. 18 of Commission Regulation (EU) No. 65/2011 section 24 (a). when a crop group for the purposes of this Ordinance a crop-group, as this is defined in art. 16 of Commission Regulation (EU) No. 65/2011 on control and cross-compliance in the context of support measures for rural development.

(2). In the calculation of reductions in accordance with the provisions of §§ 24 b-24 (f) limited crop group for the area, which has been established for the crop group after art. 16 of Commission Regulation (EU) No. 65/2011.

section 24 (b). By violation of one or more minimum requirements relating to plant protection products set out in NaturErhvervstyrelsens order on cross-compliance as applicable for specified aid schemes, which includes this grant scheme, reduced this year's grants for that crop group with 10% (coefficient), see. However, section 24 (c) and paragraph 24 (e).

(2). If the in section 16, paragraph 2, no. 1 or § 17 conditions laid down for the grant are not satisfied, the undertaking will be reduced this year's grants for that crop group with 25 per cent x relationship between the size of the total area, where there have been violations of one or more of the above conditions, and the size of the crop group concerned, cf. However, section 24 (c) and paragraph 24 (e).

(3). If they are in section 15 (1) (8). 1-4, section 16 (1) (8). 1 or 6 (2). 2 or 3, or (3) laid down conditions for grant commitments are not fulfilled, or undertaking gardens have made false information relating to the conditions laid down in article 27 of the disbursement of grants, grants for that year shall be reduced by crop group with 100 per cent x relationship between the size of the total area, where there have been violations of one or more of the listed conditions for commitments for grants or made false information concerning one or more of the listed conditions for payment of grants, and the size of the crop group concerned, cf. However, section 24 c, paragraph 24 (d) and paragraph 24 (e).

(4). By violating the provisions that do not relate to individual areas, determined the size of the area for which the infringement is established, as the size of the crop group concerned. In violation of the minimum requirements set out in paragraph 1 shall be fixed size, where the infringement is detected, however, always as the size of the crop group concerned.

(5). Upon detection of violations of the provisions on different areas in crop group carried out calculations of total reduction amount for all the areas in the crop group, which produces the same reduction percentage. The total reduction is calculated as the sum of the calculated amount of reduction in the crop group, with the reduction to a maximum 100% of the year's may constitute subsidies for the crop group concerned. For areas where there have been found more than a violation, the violation, giving the highest reduction percentage, as the basis for the calculation of the reduction for crop group.

(6). For breach of the regulations for the purposes of paragraph 5, section 24 (c) and paragraph 24 (e) violation of the minimum requirements referred to in paragraph 1, violation of conditions for grant commitments and supplying incorrect information concerning the conditions for the payment of grants. For breach of the regulations for the purposes of paragraph 4, 1. PT., and § 24 (d) violation of conditions for grant commitments and supplying incorrect information concerning the conditions for the payment of grants.

section 24 (c). If a violation of the provisions fall within the scope of section 24 (b) is of minor importance, can reduce the Danish Agrifish Agency in section 24 (b) provided for a reduction of this year's grants on the basis of a specific assessment in accordance with the principles set out in art. 18, paragraph 2, of Commission Regulation (EU) No. 65/2011 on control and cross-compliance in the context of support measures for rural development.

paragraph 24 (d). If the size of the total area, where there have been violations of one or more of the measures referred to in paragraph 24 (b) (3) set out provisions related to the individual areas (land-based provisions), constitutes more than 3% and not more than 20 per cent of the size of the crop group concerned shall be reduced this year's grants for that crop group with 100 per cent x relationship between the size of the total area where there is an established violation of the land-based provisions, and the size of the crop group concerned x 2, unless the reduction is 100% under section 24 (b), (3) and (4).

(2). If the size of the total area, where there have been violations of one or more of the measures referred to in paragraph 24 (b), (3) listed land-based provisions, constitutes more than 20% and not more than 50 per cent of the crop group concerned shall be reduced this year's grants for that crop group with 100 per cent.

(3). If the size of the total area, where there have been violations of one or more of the measures referred to in paragraph 24 (b), (3) listed land-based provisions, constitutes more than 50 per cent of the crop group concerned shall be reduced this year's grants for that crop group with 100 per cent, and undertaking gardens be excluded and, in addition, for an amount equivalent to 50% of the grant for the crop group concerned. Such amount will be deducted in accordance with art. 5B in Commission Regulation (EC) No 1782/2003. 885/2006 implementing Council Regulation (EC) No 1782/2003. 1290/2005 as regards the accreditation of paying agencies and other bodies and the clearance of the accounts of the EAGF and the EAFRD. If the amount cannot be deducted fully in accordance with that article in the course of the three calendar years following the calendar year of the finding, the balance will be cancelled.

(4). For the purposes of paragraphs 1-3 are not included offences, where the calculated reduction of grants in accordance with the provisions of article 24 (c).

§ 24 e. If violations of the provisions fall within the scope of section 24 (b) is made intentionally excluded the holder from undertaking the measure concerned both for the calendar year in which the detected irregularities, and the following calendar year.

§ 24 f. § § 24 b-24 (e) shall apply in relation to all the areas covered by the commitments for grants under rural development law, and which under section 24 (a) included in the crop group concerned, and with the reduction percentages stipulated in the Ordinances which the undertakings are given under '.

9. section 25 is repealed.

10. In article 26, paragraph 1, shall be replaced by ' 1. September until 31 December 2006. January ': ' 1 november to 31 December. March '.

11. section 28 (2) is replaced by the following: ' (2). Application for disbursement of grants must be submitted on a special table, Single table, there shall be lodged in accordance with the provisions of the NaturErhvervstyrelsens Ordinance on electronic common schema and mark short or later provisions, which may replace the abovementioned provisions. '


12. In article 28, paragraph 3, the words ' the time limit referred to in paragraph 2 ' is replaced by: ' the deadline for the submission of the application for payment of the financial contribution referred to in article 6. the provisions referred to in paragraph 2, '.

13. Chapter 11 is repealed.

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

Danish agrifish Agency, 27. January 2012 Pernille Andersen/Steen Pawn