Decree On Subsidies For Municipal Projects For River Restoration

Original Language Title: Bekendtgørelse om tilskud til kommunale projekter vedrørende vandløbsrestaurering

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Overview (table of contents)



Chapter 1



The scheme's content





Chapter 2



Definitions





Chapter 3



Administration





Chapter 4



Eligible projects





Chapter 5



Prioritization and decision





Chapter 6



Conditions for grant commitments





Chapter 7



Eligible project costs





Chapter 8



Modification of the project and entry into commitments





Chapter 9



Calculation of the grant





Chapter 10



Payment of grants





Chapter 11



Obligation





Chapter 12



Cancellation and refund of grants





Chapter 13



Force majeure





Chapter 14



Date of entry into force of



The full text of the Decree on subsidies for municipal projects for River restoration

Under section 3 of the basic regulation. § 2, nr. 3 (b), section 4, paragraph 2, § 5, article 7, paragraph 4 and article 11, paragraph 4, of law No. 1552 of 20. December 2006 on the development of the fisheries and aquaculture sector (Fisheries Development Act) and with the agreement of the Minister of the environment shall be based on: Chapter 1 section 1 content of the scheme. Danish agrifish agency can in 2012 and 2013 within the deposed budgeting frameworks promise grants for municipal projects for River restoration, aiming to improve the habitats of animal and plant life in waterways, including spawning grounds and migration routes for migratory species, while at the same time the aquatic environment be improved.

(2). Danish agrifish agency publishes the indicative financial framework for application periods on Agency's website before each application period. Danish agrifish agency can determine the indicative financial framework for each of the project types, see. section 2, paragraph 1.

§ 2. Danish agrifish agency may, within the deposed budgeting frameworks provide: 1) commitments on subsidies for feasibility studies, and 2) commitment grants for projects on the implementation of river restoration.

(2). The commitment of grant, covered by paragraph 1, nr. 1 and nr. 2, can be provided to project officers.

Chapter 2 Definitions section 3. For the purposes of this Ordinance by the river restoration measures for the recovery of streams by the laying of stone and spawning gravel, machining of brinker and profile, opening of rørlagte streams and removal of blocks of streams, including the establishment of fauna passages.

(2). A feasibility study for the purposes of this Ordinance by a study carried out prior to the implementation of river restoration and which allow an assessment of whether a project can be implemented. The feasibility study should describe the project and how the project can contribute to promote the purpose of this scheme. The feasibility study includes the study of the construction technical possibilities for the implementation of the project, the project's consequences, including for the biological conditions in and around the water course, consequences in relation to the obligation under EU Natura 2000 directives and consequences for the affected landowners and fish farmers for any mitigation measures, as well as the project's costs.

(3). By the project responsible for the purposes of this Ordinance the municipality in which the river restoration must be carried out. In cases where a project include river restoration in several municipalities, chosen one municipality as project manager and the applicant, among the municipalities covered by the project.

Chapter 3 Administration Control



§ 4. Danish agrifish agency responsible for conducting the physical and administrative checks, as well as the subsequent accounting control pursuant to this order.

(2). Danish agrifish agency can to use for checks to obtain information from other authorities, as necessary, in accordance with the Fisheries Development Act § 12.

Application for commitment of grants and application periods



§ 5. Application for grant commitments are submitted to Danish Agrifish Agency on a special form, which is available through the NaturErhvervstyrelsens website or via the website www.vandprojekter.dk.

(2). Applications received in Danish Agrifish Agency in application periods so that applications can be submitted from the filing period start date up to and including the filing period end date. Applications are not accepted outside of the application periods. Applications may be submitted in the application periods from the 1. November 2012 to 1. December 2012, from 15. January 2013 to 15. February 2013, from 1. April 2013 to 1. may 2013 and from 1. June 2013 to 1. August 2013.

(3). Danish agrifish agency may provide additional application periods that will be published on the NaturErhvervstyrelsens website no later than four weeks before the start of the application.

(4). In those cases in which the last day of the application deadline is a Saturday, Sunday, Monday or holiday, the deadline shall expire on the second working day (Saturday excluded) that follows thereafter.

(5). Danish agrifish agency acknowledge of receipt of the application and may in this connection grant permission to launch the project.

Chapter 4 eligible projects feasibility studies



§ 6. Commitments on subsidies for feasibility studies may be granted to projects that meet the criteria set out in section 4 of the Ministry of the environment Decree on criteria for assessing municipal projects for River restoration, and which are subject to the same notification section 2.

(2). Nature agency gives its recommendation to Danish Agrifish agency with an assessment of the extent to which the applications meet the requirements of the basic regulation. (1).

Implementation of river restoration



§ 7. Commitments for grants for projects on implementation of river restoration may be granted to projects that meet the criteria set out in section 5 of the Ministry of the environment Decree on criteria for assessing municipal projects on River restoration and which are subject to the same notification section 2.

(2). Nature agency gives its recommendation to Danish Agrifish agency with an assessment of the extent to which the applications meet the requirements of the basic regulation. (1).

Chapter 5 Prioritization and decision section 8. Danish agrifish Agency shall decide on the undertaking or refusal of the application for reimbursement on the basis of a proposal from the Agency, see. sections 6 and 7. Danish agrifish Agency shall determine the amount of the undertaking, given the commitment of grant for.

(2). If the application period economic framework for applications covered by section 7, does not make it possible to accommodate all requests, priority is given to applications under section 6 of the Ministry of the environment Decree on criteria for assessing municipal projects for River restoration. Nature agency gives off setting of priority. The setting includes for each project a score for each of the criteria as well as an overall score. Danish agrifish agency can then decide on the undertaking or refusal with regard to the project's priority.

§ 9. Notwithstanding section 8, Danish Agrifish agency decision on refusal or partial denials of applications, if the Danish Agrifish Agency estimates that 1) the estimated cost is not reasonable, 2) expenditure not eligible, see. section 13 (4) and to section 14, paragraph 4, 3) application is not adequately illuminated, 4) the effect of the applied project did not adequately contribute to fulfill the purpose of the scheme, or 5) the effect of the requested project is not sufficient in relation to the project's total cost.

Chapter 6 Conditions for undertaking feasibility studies for a grant



§ 10. It is a condition of the commitment of the grants for feasibility studies, to 1) the applicant shall give the information, Danish Agrifish Agency and nature agency requests for use of the procedure, 2) feasibility studies be terminated no later than the date laid down in the undertaking of Danish Agrifish Agency, however, not later than 6 months after the date of the undertaking, 3) undertaking gardens submit cash out request, all expense reports, proof of payment, feasibility reports and opinion on implementation in a timely manner to the Danish Agrifish Agency without prejudice to article. section 20, no. 3, 4) the applicant in the application, indicate whether the project is subject to a contract that is subject to EU procurement rules or quotation law, 5) undertaking gardens, if the project is subject to a contract that is subject to EU procurement rules or quotation law, keeping documents that demonstrate that the EU procurement rules or quotation law is complied with available until 31. December 2021, 6) withdrawal requests associated with the original accounting documents shall be kept available until 31. December 2021, and 7) undertaking gardens ensures that all project-related expenses and revenues are posted to either with a special code or on separate account on the undertaking's accounting system, in a separate accounting system or with another posting on the undertaking's accounting system which ensures unique identification of all transactions relating to the project.

Implementation of river restoration



§ 11. It is a condition of grant commitments to the implementation of river restoration, to 1) the necessary permissions from public authorities is achieved before final payment, 2) applicant shall deliver the information, Danish Agrifish Agency and nature agency requests for use of the procedure, including a statement of the anticipated effect of the effort, 3) project be terminated no later than the date laid down in the undertaking of Danish Agrifish Agency, however, not later than 20 months after the date of the undertaking ,


4) undertaking submitting final payout request, gardens all expense reports, proof of payment, and the project report in a timely manner to the Danish Agrifish Agency, see. section 21 (1). 3, 5) project maintained by undertaking gardens for a period of at least five years from the date of commitment 6) withdrawal request and the original accounting documents shall be kept available until 31. December 2021, 7) undertaking gardens ensures that all project-related expenses and revenues are posted to either with a special code or on separate account on the undertaking's accounting system, in a separate accounting system or with another posting on the undertaking's accounting system which ensures unique identification of all transactions relating to the project, 8) candidate in the application informs about the project is covered by a contract, which is subject to EU procurement rules or quote law , 9) undertaking gardens, if the project is subject to a contract that is subject to EU procurement rules or quotation law, keeping documents that demonstrate that the EU procurement rules or the law is complied with, the offer available until 31. December 2021 and 10) undertaking gardens ensures that the supervisory authority has access to the project area in connection with the control.

§ 12. Danish agrifish Agency shall lay down in undertaking detailed requirements concerning the undertaking's right and obligation to inform about the public financing of the project and to publish information about the project on undertaking's home page or in the relevant newspapers and magazines.

(2). Danish agrifish Agency in undertaking can establish additional conditions for the grant.

Chapter 7 eligible project expenses section 13. . The eligible costs for feasibility studies may include: 1) the cost of salary to the undertaking's personnel, provided that the expenditure can be documented by invoice or equivalent documentation, and that these costs are not usually funded by government agencies, public companies or local communities.

2) expenditure on information and meetings.

3) costs of consultancy services.

(2). The expenses must be necessary in order to carry out the feasibility study and must be directly related to the feasibility study.

(3). Danish agrifish agency may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, to Danish Agrifish Agency estimates that expenditure is essential for the implementation of the project.

(4). The eligible costs for feasibility studies cannot include: 1) General operating costs.

2) expenditure relating to the safeguarding of customary authority.

3) Expenses as incurred, before undertaking gardens Danish Agrifish Agency has given permission to launch projects, see. § 5, paragraph 5, however, if such authorisation is not given, the cost, as the undertaking has held before undertaking's receipt of the undertaking.

4) Expenditure relating to activities in which the owner or lessee of the watercourse or undertaking gardens is committed to implement pursuant to other legislation.

5) Expenditure qualifying for public aid or the aid provided for in other legislation, including support for food Ministry's Decree on subsidies for the construction and modernisation of aquaculture installations.

6) Vat, unless this definitively borne by undertaking gardens.

7) expenditure on research and technological development.

8) financing, law and banking costs.

9) Expenses in the form of benefits in kind within the meaning of art. 55 of Council Regulation (EC) No 1782/2003. 1198/2006 on the European Fisheries Fund (EFF).

10) expenditure on the purchase of used equipment and materiel.

11) the cost of leasing or renting.

§ 14. The eligible expenses for implementing the river restoration may include: 1) the cost of studies.

2) expenditure on physical implementation of river restoration.

3) cost of salary to the undertaking's personnel, provided that the expenditure can be documented by invoice or equivalent documentation, and that these costs are not usually funded by government agencies, public companies or local communities.

4) expenditure on information and meetings.

5) costs of consultancy services.

(2). The expenses must be necessary for the implementation of river restoration and must be directly related to the project (3). Danish agrifish agency may, on application, authorize other expenses than those listed in paragraph 1 above as eligible. It is a condition of approval, to Danish Agrifish Agency estimates that expenditure is essential for the implementation of the project.

(4). The eligible expenses for implementing the river restoration cannot include: 1) General operating costs.

2) expenditure relating to the safeguarding of customary authority.

3) Expenses as incurred, before undertaking gardens Danish Agrifish Agency has given permission to launch projects, see. § 5, paragraph 5, however, if such authorisation is not given, the cost, as the undertaking has held before undertaking's receipt of the undertaking.

4) Expenditure relating to activities in which the owner or lessee of the watercourse or undertaking gardens is committed to implement pursuant to other legislation.

5) Expenditure qualifying for public aid or the aid provided for in other legislation, including support for food Ministry's Decree on subsidies for the construction and modernisation of aquaculture installations.

6) Vat, unless this definitively borne by undertaking gardens.

7) expenditure on research and technological development.

8) financing, law and banking costs.

9) Expenses in the form of benefits in kind within the meaning of art. 55 of Council Regulation (EC) No 1782/2003. 1198/2006 on the European Fisheries Fund (EFF).

10) expenditure on the purchase of used equipment and materiel.

11) the cost of leasing or renting.

12) costs of fish aggregating devices.

13) Expenses for direct restocking of living aquatic organisms.

Chapter 8 amendment of the project and joining the undertaking § 15. Undertaking gardens can apply Danish Agrifish agency about changes to a project. Changes of a project must be approved by the Danish Agrifish agency before the change is implemented. Danish agrifish Agency shall request an opinion from the Agency for the use of such procedures. Application for extension of the deadline for completion of the project can only be accepted in exceptional cases. In cases where the deadline for the project is set at 6 months for feasibility studies, see. § 10, nr. 2, and 20 months for implementation projects, see. § 11, nr. 3, the deadline shall be extended by up to 3 months.

(2). Application in accordance with paragraph 1 shall be submitted to the Danish Agrifish Agency on a special form, which is available through the NaturErhvervstyrelsens website, or via the website www.vandprojekter.dk (3). Commitment amount cannot be increased in connection with changes in the project.

(4). Request for modification of a project must be received in Danish Agrifish agency no later than two months before the date on which the project must be completed. Danish agrifish agency may, in exceptional cases, grant a derogation from this deadline.

§ 16. Danish agrifish agency may on application allow, to another, that according to article 3, paragraph 3, may be undertaking gardens, occurs in an undertaking for reimbursement. The occurring in the undertaking, assuming rights and obligations after the undertaking. Danish agrifish Agency shall request an opinion from the Agency for the use of such procedures.

(2). Application in accordance with paragraph 1 shall be submitted to the Danish Agrifish Agency on a special form, which is available through the NaturErhvervstyrelsens website, or via the website www.vandprojekter.dk.

Chapter 9 the calculation of reimbursement section 17. Grants for feasibility studies may be granted up to 100% of eligible expenditure.

(2). Grants for implementation of river restoration can be granted up to 100% of eligible expenditure.

§ 18. Danish agrifish agency can reduce the total value of the eligible project costs for a project, if Danish Agrifish Agency estimates that the rules of the EU procurement rules or rules of quotation law have not been complied with. Reduction of the eligible project costs will be determined on the basis of an assessment of the nature and gravity of the infringement, as well as on the basis of an assessment of the economic losses for the European Fisheries Fund (EFF), which is estimated to be associated with it.

Chapter 10 payment of grants section 19. Payment of grants on the basis of the statement of the organiser overpaid, eligible project costs must be documented. Request for payment of the reimbursement shall be submitted to the Danish Agrifish Agency on a special table and be accompanied by all supporting documents and proof of payment. Forms are available via the NaturErhvervstyrelsens website or via the website www.vandprojekter.dk. The request shall contain the information and be accompanied by the annexes as Danish Agrifish agency demands to use for the calculation and payment of grants.

(2). The grant is transferred to the undertaking's NemKonto.

§ 20. For the payment of grants for feasibility studies in addition, the following applies: 1) Reimbursement shall be paid as a single payment after the end of forundersøgelsens.

2) withdrawal request must be accompanied by a statement from the agency that the feasibility study has been carried out in accordance with undertaking content.


3) withdrawal request, feasibility reports, supporting documents, proof of payment, as well as the opinion on the implementation of the Danish Agrifish Agency must be received no later than three months after the feasibility study must be completed. Danish agrifish agency may, in exceptional cases, grant a derogation from this deadline.

(2). Notwithstanding the time limit laid down in paragraph 1, no. 3, the withdrawal request, feasibility reports, supporting documents, proof of payment, as well as the opinion on the implementation, however, have been received in Danish Agrifish Agency by 1. may 2015.

§ 21. For the payment of grants for implementation of river restoration in addition, the following applies: 1) grants for implementation of river restoration may be paid in two installments. Each installment must represent at least 20 per cent of the total amount of the undertaking.

2) request for final payment must be accompanied by a statement of the anticipated effect of the effort, a statement from the agency that the project is implemented in accordance with the undertaking content and final project report, which gives an account of the activities carried out in the project and which sets out the manner in which the information obligation is fulfilled, without prejudice. section 12, paragraph 1.

3) withdrawal request, project report, any supporting documents, proof of payment, as well as the opinion on the application must be received in Danish Agrifish agency within three months of that river restoration must be completed. Danish agrifish agency may, in exceptional cases, grant a derogation from this deadline.

(2). Request for payment of the first instalment, see. (1). 1, must be accompanied by a progress report containing a description of the activities implemented in the context of the project at the time of installment payment, as well as documentation for the costs incurred.

(3). Notwithstanding the time limit laid down in paragraph 1, no. 3, withdrawal requests, project report, any supporting documents, proof of payment, as well as the opinion on the implementation, however, have been received in Danish Agrifish Agency by 1. may 2015.

Chapter 11 obligation section 22. Undertaking Gardens must throughout the period in which the conditions for reimbursement must be met, upon request, give statement to Danish Agrifish agency as to whether the conditions for the grants continue to be met.

(2). Undertaking gardens is in the whole period in which the conditions for reimbursement must be fulfilled, committed to without undue delay, to give Danish Agrifish Agency notice of conditions that can result in cancellation of commitments for reimbursement or repayment of grants under section 23.

Chapter 12 cancellation and repayment of grants section 23. The commitment of grant shall lapse if 1) undertaking gardens have given false or misleading information or has concealed information in relation to the merits of the decision, 2) undertaking his duties after fisheries development overrides Gardens section 11 (2), (3)) the undertaking does not comply with his obligation after Gardens section 22, 4) the project is not carried out in accordance with the approved application, or 5) conditions for reimbursement are not met.

(2). Notwithstanding paragraph 1, Danish Agrifish agency maintain the undertaking, even if the provisions of section 10, no. 5, and section 11, no. 9, have not been fulfilled, if Danish Agrifish Agency estimates that the non-fulfilment of the provision is not significant.

(3). In the cases referred to in paragraph 1 shall adopt Danish Agrifish agency decision on repayment of grants. By statement of claim attributed to that interest. Interest allowance shall be calculated from the date on which the notification of the repayment obligation to refund is done and with the law on interest for late payment, etc. (Renteloven) fixed the reference rate plus. Interest allowance, however, is at least 50 us $.

Chapter 13 Force majeure § 24. Danish agrifish agency recognises the following events as force majeure: 1) if such Expropriation could not be foreseen by the undertaking period.

2) A severe natural disaster substantially affects the undertaking's activities.

(2). It is a condition for the recognition of force majeure in the case that the instances of events prevents fulfilment of the obligations arising, in respect of which invoked force majeure, and that it committed no without disproportionate opofrelser could have secured themselves against this.

(3). Danish agrifish agency may in exceptional cases acknowledge other events such as force majeure than those referred to in paragraph 1.

§ 25. If undertaking gardens wants to invoke force majeure, it shall be communicated to the Danish Agrifish Agency in writing at least 10 working days after the date on which the undertaking gardens is able to do it. the communication must be accompanied by adequate documentation.

Chapter 14 coming into force of section 26. The notice shall enter into force on the 1. November 2012.

Danish agrifish Agency, the 29. October 2012 Pernille Andersen/Henrik Jacobsgaard