Notice Of Special Support To Farmers For Extensive Farming

Original Language Title: Bekendtgørelse om særlig støtte til landbrugere til ekstensivt landbrug

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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 support, other obligations and support rate





Chapter 7



Reduction of support





Chapter 8



Cross-compliance





Chapter 9



Transfer of holdings





Chapter 10



Control





Chapter 11



Criminal provisions





Chapter 12



Date of entry into force of



The full text of the Decree on special support to farmers for extensive landbrug1)

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. The provisions of this Ordinance relating to special assistance to farmers for extensive farming, where eligible areas in accordance with the single payment scheme are grown with limited use of nitrogen and without the use of plant protection products on the market other than those which may be used for organic agricultural production.

(2). The purpose of the special aid is to promote extensive farming, especially organic agricultural production, which may help to increase biodiversity and to reduce the leaching of nutrients and plant protection products from agriculture to 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). For the purposes of this Ordinance the application year by the calendar year in which the application for aid is lodged.

(3). By pasture for the purposes of this Ordinance under permanent pasture and grassland in permanent pasture as defined in executive order NaturErhvervstyrelsens on direct payments to farmers in accordance with the single payment scheme.

(4). By plan period, for the purposes of this Ordinance a plan period for gødningsplan planning and fertiliser accounts in accordance with the law on agricultural use of fertilisers and plant cover.

Chapter 3 section 3 application for aid. Farmers must every year where aid under this scheme, submit an application to the Danish Agrifish Agency. Application 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 had to replace those provisions.

(2). The applicant must be in the form indicate whether the applicant will adhere to it in § 9, paragraph 2, no. 1 or 2, stated commitment. If the applicant in the form have chosen to adhere to it in § 9, paragraph 2, no. 1, stated commitment, it must be for all the fields that are listed in the table, be informed about the field included in the holding's harmonia real. If the applicant in the form have chosen to adhere to it in § 9, paragraph 2, no. 2, stated commitment, should be completed in the form gødningsplan planning.

(3). There can not be after this Ordinance applied for aid for areas which in the application year applied for special support for care of eligible grassland under the single payment scheme or to crop variation.

Chapter 4 section 4 of the prioritisation of applications for funding. If the funds allocated does not make it possible to accommodate all requests for support, gives priority to the Danish Agrifish agency select which support is sought, in the following order of precedence: 1) Private organic fields.

2) Other private fields.

3) Public organic fields.

4) Other public fields.

(2). 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.

(3). 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.

(4). By an ecological mark is understood in the context of the priority that the battlefield is listed under a holding by the deadline referred to in article 6. in section 3, paragraph 1, specified provisions, is authorized by the Danish Agrifish Agency for organic agricultural production or have been the subject of an application, and where the field by the application deadline are subject to a plan for conversion to organic agricultural production.

§ 5. Within each of those in section 4, paragraph 1, indicated the priority classes priority fields in the following order of precedence: 1) Fields in nitrate sensitive reclamation areas.

2) Select in areas with special drinking water interests.

3) Select in areas with drinking water interests.

4) Select in areas without special drinking water interests.

(2). In the areas referred to in paragraph 1 shall be understood in the context of priority areas with the same name, which appear on the national environmental portal the 1. February in the application year.

(3). By mark in one of the territories listed in paragraph 1 shall be taken to mean in the context of the priority that the battlefield is located within a mark block, see. paragraph 4, which shall include at least 100 sq m of the area in question.

(4). By mark blocks means mark blocks with the mark block boundaries as determined in the NaturErhvervstyrelsens electronic reporting system. By prioritizing used mark blocks, as they appear, respectively the 1. February in the application year and by application deadline. By priority of a mark that is affected by mark block change, applied mark blocks on it of the listed times, giving priority to the most advantageous ground.

(5). If a field can be assigned to several of the areas listed in paragraph 1, be assigned field to the area, which has a maximum priority.

(6). If there are no funds to provide support for all the parcels that are assigned to a priority class, see. paragraph 1 shall not be granted aid for the fields in that priority class or subsequent priority classes.

Chapter 5 Land in respect of which aid may be granted to section 6. Aid may be granted in respect of areas eligible for aid under the single payment scheme.

(2). Notwithstanding paragraph 1, the following shall apply: 1) no aid shall be granted for non-cultivated areas.

2) no aid shall be granted in respect of areas as referred to in article 34, paragraph 2, point (b) of Council Regulation (EC) No 1782/2003. 73/2009.

3) shall be granted only in support of grassland (grassland in permanent pasture and permanent grassland), if the land has been used agriculturally to time or grazing within the period from 15. may up to and including 31 December 2002. August in the application year and the areas appear with low vegetation cover the 31. August in the application year, see. However, no. 4.4) regardless of no. 3 can support shall be granted for grassland in permanent pasture used for green manure, where areas on 21. April in the application year is converted or is under conversion to organic agricultural production under a holding approved by Danish Agrifish Agency for organic agricultural production or have been the subject of an application, and a) plant-covered ploughed field for the period from 1 July 2001. August up to and including 31 December 2002. October in the application year, or b) areas are set up with a clover-grass mixture with not less than 15% by weight of clover, and candidate throughout the application year shall keep evidence of the purchase of the used clover grass mixture, and evidence that there has been another main crop than grass on land in the calendar year preceding the year of application.

(3). There may be no aid shall be granted for the following areas: 1) areas for which a effect in the year of application in the absence of commitments on subsidies for environmentally friendly operation of wetlands 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 the establishment of catch crops.

2) areas for which a effect in the year of application in the absence of commitment to environmental grants conditional grants to set-aside buffer zones, for the care of grass and natural areas for maintaining wetlands, to retention of natural water-level conditions, to care of the wetlands or to the maintenance of the modified dewatering under rural development Act.

3) areas with effect prior to the year of application is covered by a grant scheme for forestry.


4) areas for which, by the application deadline and with effect prior to the year of application in the absence of obligations to refrain from the use of chemical plant protection products or obligations at issue in the main proceedings correspond thereto, as a result of commitments for grants pursuant to other legislation than NaturErhvervstyrelsens notices about grants for conversion to organic agriculture, agreement involving the payment of the said regulation, easement or duty imposed pursuant to other legislation.

5) ponds, lakes, streams, ditches, stone levees and similar areas that cannot be used for agricultural production.

(4). Flora-and fauna-enhancing measures in accordance with the rules for the single payment scheme established on land can be used for agricultural production is not covered by paragraph 3, nr. 5. Paragraph 5. Danish agrifish agency may, in cases of abnormal weather conditions, decide that in paragraph 2, no. 3 date referred to, where the ground cover must be low, be postponed. NaturErhvervstyrelsens decision may relate to all or parts of the country.

Chapter 6 Conditions for support, other obligations and support rate § 7. An area for which aid is sought, should constitute a coherent area of not less than 0.30 ha, except in the case of areas in closed greenhouses.

(2). Aid shall be granted only if the eligible area, which must be granted direct payments pursuant to Council Regulation (EC) No 1782/2003. 73/2009, constitutes at least 2.00 ha, unless the total amount of aid to the farmer in the form of special aid for male bovine animals, and support on the basis of special payment entitlements shall represent an amount equal to not less than 300 euro.

§ 8. Support for an area is subject to throughout the application year only used plant protection products to the area, which is permitted in organic agricultural production in Denmark.

§ 9. The applicant is required to ensure that for the plan period, which ends in the application year, drawn up in accordance with the rules of the law on planning gødningsplan agricultural use of fertilisers and plant cover and rules established pursuant to this law, regardless of whether the holding is registered in NaturErhvervstyrelsens directory of establishments covered by the said legislation, and that the mentioned gødningsplan planning is kept on the holding throughout the application year.

(2). The applicant is also required to ensure that the obligations, which of the following is selected in the schema are observed: 1) during the plan period, which ends in the application year, must the holding on average a maximum of added 140 kg total nitrogen per hectare harmonia real.

2) during the plan period, which ends in the application year, holding nitrogen for fertiliser consumption must not exceed a reduced nitrogen quota at farm level, which is calculated for each mark to which applied for aid, to pull nitrogen reduction for the field from the farm's total nitrogen quota and, moreover, in accordance with the rules of the Act on agricultural use of fertilisers and plant cover and rules established pursuant to this Act. Field reduced nitrogen quota determined as 75 per cent of the nitrogen ratio of the field including the regulation on the basis of nitrogen forecast and no possibility of increasing the quota due to drifting or leaching away as a result of extreme weather event under NaturErhvervstyrelsens notices of agricultural use of fertilisers and plant cover and on nitrogen forecast.

§ 10. The aid rate represents an amount in Danish kroner equivalent to 110 euros per hectare.

Chapter 7 Reduction of aid section 11. If the in section 9, paragraph 1, the obligation is not met, the aid shall be reduced by 25 percent, without prejudice. However, § 12.

(2). If the in section 9, paragraph 2, the obligation has not been fulfilled, no aid shall be paid, in accordance with article 3. However, § 12.

§ 12. If the in section 9, paragraph 1, the obligation has been partially fulfilled, or if the violation of the article 9, paragraph 2, stated commitment is negligible, the reduction of the aid referred to in article 11 of the non-fulfilment of the obligation is reduced on the basis of a specific assessment in accordance with the principles set out in article 18, paragraph 2, of Commission Regulation (EC) No 1782/2003. 65/2011 by 27. January 2011 on the control and cross-compliance in the context of support measures for rural development.

(2). If the non-performance of the in section 9, paragraph 1, the obligation has been done intentionally, no aid shall be paid.

(3). If the non-performance of the in section 9, paragraph 2, the obligation has been done intentionally, no aid shall be paid, and the applicant be excluded also from the aid scheme for the following application year.

§ 13. If it finds violations of several of the obligations laid down in article 9, the reduction, to deduct the support payment shall be calculated on the basis of the violation that results in the highest reduction.

§ 14. If there should be a reduction in accordance with §§ 11-13, complements this aid reduction any other sanctions to be adopted in accordance with Council Regulation (EC) No 1782/2003. 73/2009. If, in addition to reduction, subject to sections 11 to 13, must also be carried out reduction in aid disbursement as a result of a recorded over notification of the eligible area, see. Council Regulation (EC) No 1782/2003. 73/2009, the reduction shall be calculated pursuant to § § 11-13 on the basis of the support, the applicant is entitled to after deduction of the reduction as a result of the above review.

Chapter 8 cross-compliance, § 15. Rules in NaturErhvervstyrelsens order on cross-compliance and rules of good agricultural and environmental condition established by Danish Agrifish Agency pursuant to Council Regulation (EC) No 1782/2003. 73/2009 shall apply to applications filed under section 3.

Chapter 9 transfer of holdings section 16. 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 10 Control section 17. 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.

§ 18. 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, business plans, material and fertiliser accounting material, etc.

Chapter 11 Criminal provisions § 19. Violation of section 18 in relation to the checks referred to in section 17 is punished with 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 12 the date of entry into force of § 20. The notice shall enter into force on the 1. February 2012.

(2). Executive Order No. 97 of 28. January 2010 on special support to farmers for extensive farming is repealed. The notice shall, however, continue to apply to applications received before 1 May 2004. February 2012.

Danish agrifish Agency, 27. January 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 arrangements for direct aid to 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.