Ordinance On National Subsidies To Mandatory Buffer Zones

Original Language Title: Bekendtgørelse om nationalt tilskud til obligatoriske randzoner

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Table of Contents
Chapter 1 Purpose and content of the scheme
Chapter 2 Definitions
Chapter 3 Administration
Chapter 4 Conditions for grants
Chapter 5 Calculation and payment of grants
Chapter 6 Notify obligations
Chapter 7 Supprepayment of grants
Chapter 8 Force majeure
Chapter 9 Appeal access
Chapter 10 Entry into force

Publication of national grants to mandatory randzies

In accordance with text-labelling no. 159 ad § 24.23.03 i dossier no. 120 of 20. June 2013 shall be determined by authorisation :

Chapter 1

Purpose and content of the scheme

§ 1. The purpose of the scheme is to grant aid for peripheral areas for the period from 1. September 2012 to and with the 31. December, 2013. Deposits shall be granted as de minimis aid in accordance with Commission Regulation (EC) No 2 ; 1535/2007 of 20. In December 2007 on the application of Articles 87 and 88 of the EC Treaty to the de minimis aid for the production of agricultural products.

Paragraph 2. Deposits may be granted for the peripheral areas which are used in agricultural land,

1) which are eligible for the single payment scheme ; or

2) are areas with Christmas trees in the short replay or vegetable garnish for short reoperation.

Paragraph 3. Deposits may be granted to applicants who, as farmers, have submitted a request for randall to be compensated pursuant to the notice of publication No 2 ; 80 of 29. In January 2013, on the scale compensation for farmers.

Paragraph 4. The Wildlife Agency shall decide on a subsidy within the granted framework.

Chapter 2

Definitions

§ 2. For the purposes of this notice :

1) Commitment Term : The entire period from 1. September 2012 to and with the 31. December, 2013.

2) Randzon-real : Area that is the peripheral area under the rule of the peripheral zones and rules issued in accordance with this. Furthermore, the area

a) which are not covered by Section 1 (1). 1, in the law of peripheral zones, but which would have been covered by Section 1 (1). 1, in the said law, if the State water plans are not the third. December 2012 had been declared invalid,

b) located in areas of the South and Sunny Marshes of the Compensation Card, or in those areas with similar structures, which are apparent in the compensation card, and outside the 2-metre frames that apply according to section 69 of law ; watercourses, and

c) for which paragraph 1 (1). Paragraph 2 (1) and section 2, 1, in the area of the peripheral zones and sections 10 and section 11 of the notice. 892 of 29. August 2012 on randomzones or subsequent provisions which may be dissolved by paragraphs 10 and 11, equivalent to the area of the commitment period throughout the commitment period.

3) ' fresh agricultural land ' means the land used for agricultural land referred to in Article 38 of Council Regulation (EC) No 2 ; 1698/2005 on the support for rural development by the European Agricultural Fund for Rural Development (EAFRD), cf. the definition of the utilised agricultural area referred to in section 1.03.01 of Annex II to Commission Regulation (EC) No 2 ; 1200/2009 of 30. November, 2009.

4) Areas eligible for the single payment scheme : areas eligible under the single payment scheme, subject to the application for grants, however, in accordance with this notice, it is not a requirement for it to be : the eligible area for which direct payments may be granted in accordance with Council Regulation (EC) No (EC) No ; 73/2009 of 19. January 2009 laying down common rules for the common agricultural policy schemes for direct aid to farmers and establishing certain support schemes for farmers, amending Regulation (EC) No 14720/20, and the adoption of a common set of rules. 1290/2005, (EC) No, (EC) No 247/2006, EC, Regulation (EC) No 378/2007 and repeal of Regulation (EC) No ( In 1782/2003, at least 2,00 hecta-ha are not entitled to the applicant ' s disposal of payment entitlements.

5) Christmas trees in the short repropulp and fancy-green in short reproduction : a production in which the trees are brought down by the 10th. calendar year after planting of the trees in the area or at the latest 14. calendar year after sowing in the area.

6) Landuser : Landuser, as defined in the single payment scheme, cf. the provisions of Article 2 (a) of Council Regulation (EC) No ; 73/2009 of 19. January, 2009.

7) Compensation card : the advisory map of the Food Ministry, which can be seen on the Internet Markkort of the Food Department.

8) Area Area Area : Area for which grants have been sought.

9) Previous application : application for rando-compensation has been submitted pursuant to the notice of publication No 1. 80 of 29. In January 2013, on the scale compensation for farmers.

10) Prohibition of cultivation or other soil treatment means the prohibition of cultivation or other soil treatment which corresponds to or in the main case is equivalent to the prohibition of cultivation or other soil treatment, which is apparent in the area of randall zones.

11) Specific aid shall be granted in accordance with Article 68 of Council Regulation (EC) No 2, 73/2009 of 19. January, 2009.

12) Parenting of areas : the economic responsibility for the operation of the areas shall be transferred to another natural or legal person in the case of sale, lease, cessation of transfer or any equivalent form of transfer.

13) Acquisitions : A natural or legal person who takes over the financial responsibility for the operation of one or more areas from another natural or legal person in the form of purchase, lease, end of lease or any equivalent form of acquisition.

Chapter 3

Administration

Inspection

§ 3. The Office of the Natural Acquidation Management Board shall carry out checks on the administration following this notice.

Paragraph 2. The Office of the Natural Business Authority carries out on-the-spot checks.

Paragraph 3. The Office of the Natural Acquirees may be required to obtain information from other authorities as necessary.

Applications for grants

§ 4. Applications for subsidies must be submitted in a special form. The schema must be completed and sent electronically by the use of the Tast Service of the Ministry of the Ministry itself, which may be accessed through the Home page of the Natural Business Authority.

Paragraph 2. However, the special scheme may be submitted in the package of paper, where the Natural Business Authority has issued a derogation from the requirement for electronic submission and the completion of the Community-2013 period via the Tast Service.

Paragraph 3. Applications for grants shall comprise the same areas which have been submitted in the previous application in accordance with section 4 of the notice. 80 of 29. January 2013, on the random compensation to farmers, or part of the aforementioned areas.

Paragraph 4. Applications for subsidies must have been received in the Natural Acquisius Management Board no later than 22. October 2013.

Corrections to the compensation card

§ 5. Farmers may submit proposals for corrections of the compensation card within the periods provided for in the Natural Business Authority, which shall be published on the Home page of the Natural Acquisitions.

Chapter 4

Conditions for grants

Conditions relating to the rule of law on randall, etc.

§ 6. Deposits for an area of the application shall be subject to a conditional,

1) to apply the area as the owner or recomps the 25th. April 2013,

2) the area is a peripheral area of the entire commitment period,

3) Section 1 (1). Paragraph 2 (1) and section 2, 1, in the area of the peripheral zones and sections 10 and section 11 of the notice. 892 of 29. August 2012 on randomzones or subsequent provisions to be dissolved in respect of 10 and 11 shall be complied with for the area throughout the commitment period,

4) that the area is situated within one or more fields, where there is a excess of at least 100 m² between each field and the peripheral areas with the same rate of subsidy, which are shown in the compensation card on 1. February 2013, cf. however, paragraph 1 2,

5) the area of the entire commitment period shall be eligible for the single payment scheme or the 25. April 2013 was an area of Christmas trees in short repropulation or decoration in short repropulation,

6) that the area under the territory of a peripheral zone is granted a derogation which can be used in the period of commitment period and related to the prohibition on the fertilizer or the ban on spraying, with the exception of derogation for the control of : invasive or toxic species,

7) the inspection authority has the necessary access to the holding in connection with on-the-spot checks,

8) to provide for the information requested by the Services of the Natural Acquilitigation and to the Agency for the purposes of the proceedings

9) that the applicant has not provided any information which is relevant to the decision of the case, and

10) the applicant shall provide the necessary guidance and assistance in carrying out on-the-spot checks, including the supplying or sending out the material requested by the Wildlife Management Board in connection with the control.

Paragraph 2. The conditions of paragraph 1. 1, no. 4, shall not apply where the condition laid down in paragraph 1 is applied. 1, no. 4 cannot be fulfilled and this is due to the fact that the Natural Acquisitive Agency has corrected the compensation card as a result of a request made to the Natural Business Authority of a person other than the applicant.

Conditions relating to other regulation

§ 7. The amount of the aid applied for an area is conditional on the fact that the area shall not be subject to one or more of the following regulations, within the period of the commitment period.

1) Commitment of grants pursuant to the notice of publication No 140 of 10. In March 2005 or earlier announcements on subsidies for environmentally friendly land use measures, with the exception of commitments to reduce the nitrogen supply reduction.

2) Commitment of aid for the environment-friendly operation of wetlands pursuant to the notice of publication No 2. 893 of 22. September 2005, on subsidies for the environment-friendly operation of wetlands.

3) Commitments concerning the grant of aid to the maintenance of changes to wetlands, to the care of wetlands, or to the preservation of natural water status, where the attribution is given in the rural area and on the basis of a application received in the Natural Acquienal Management Board before 1. February, 2013.

4) Statements of aid for the maintenance of wetlands or for the maintenance of natural water conditions where the attribution is given in accordance with the rural area and on the basis of an application received in the Natural Acquisitor on 1. February 2013, or later, and where the rate of grant is 300 kr. per ha per Years.

5) Waiton in association with commitments to grants pursuant to the notice of publication No 2. 175 of 22. In March 2002 or earlier notice on subsidies for environmentally friendly land use measures in connection with the use of environmentally friendly land use measures for the recovery of wetlands.

6) Servitut, in association with commitments to the establishment of wetlands, in accordance with the notice of publication No 2 ; 187 of 20. March 2003 or Notice no. 84 of 12. February 2004 on subsidies for environmentally friendly land use measures.

7) Servitut pursuant to notice no. 892 of 22. September 2005 on aid for the facilities of wetlands.

8) Servitut pursuant to notice no. 604 of 14. June 2007 on subsidies for the facilities of wetlands, notification no. 951 of 30. July 2010 on grants to municipal wetland projects, notification no. 952 of the 30. July 2010 on grants to private undertakings and others to wetland projects, notification no. 372 of 26. April 2012 on grants to municipal projects relating to phosphor-wetlands, notification no. 175 of 28. February 2012 on grants to Natura 2000 projects on the construction of natural water conditions or procladition no. 840 of 15. August 2012 on grants to state wetspace projects other than servitutareals covered by pledges to hold wetlands or to maintaining natural water status conditions, where the attribution is given in pursuance of the rural area, and on the basis of an application received in the Natural Acquire Management Board on 1. February 2013, or later, and where the grant rate is not 300 kr. per ha per Years.

9) Waity-Waits that are the things of the Natural Business Authority in connection with government purchases and resale of areas that are part of the wetspace projects.

10) Agreement or servitut pursuant to the EPA's publication on the criteria for the granting of financial resources for the recovery of wetlands or the Environmental Ministry's announcement of the recovery of wetlands.

11) Deposits, prohibition of injecting, prohibition of fertilizer, prohibition or other soil treatment or prohibition of cultivation or other soil treatment other than the cultivation of permanent grass resulting from a subsidy scheme for forestry under the rural development programmes, cf. Council Regulation (EC) No, . (DA) 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development, Council Regulation (EC) No 149/2001 (EC) No 2020/2010. EUR 1257/1999 on the support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF) No 147.72/EC (EEC) No No (EEC) No No 2080/92 on a Community system of support for forestry measures in agriculture.

12) Prohibition of cultivation or other soil treatment or prohibition of cultivation or other soil treatment other than the cultivation of renewable grass, as a result of

a) Obligations under the rules of the aid scheme other than the rules applicable to special aid, the rules on land-based grant schemes for environmentally friendly agriculture under the rural areas and forest-level subsidy schemes under the rules applicable to forest protection ; the rural development programmes, cf. Council Regulation (EC) No, Regulation (EC) No 1698/2005, Council Regulation (EC) No Regulation (EEC) No 1257/1999, Council Regulation (EEC) No Regulation (EEC) No, 2078/92, on the environment-friendly farming methods, and of the provisions of the Council Regulation (EEC) No 2 2080/92,

b) other napkin than those in no. 5-10 specified,

c) Second date than those in number two. 10 stated and which means payment for the aforementioned regulation, or

d) the duty imposed on the basis of legislation other than the law on randzs, rules issued under the rule of the outermost zones and the provisions of natural protection laws on protected natural habitats, cf. Section 3 of the law of nature conservation.

Paragraph 2. Aid for an area of the application shall be subject to the granting of aid for a period which is not particularly eligible for a period wholly or partially coincide with the period of commitment, excluding those from :

1) Special aid for 2012 and

2) special support for the care of eligible pastures under the single payment scheme.

Chapter 5

Calculation and payment of grants

§ 8. The applicant may, over a period of three financial years on the holding, receive a maximum of EUR 7 500 in aid granted in accordance with the provisions of Commission Regulation (EC) No 2. 1535/2007. Within this aid ceiling, the second de minimis aid covered by this Regulation shall be included in the period referred to in the said period of the three financial years.

Paragraph 2. Where the holder of the applicant is part of a company that has received de minimis aid in accordance with other de minimis regulations, the total de minimis aid to the company within a three financial year period may amount to EUR 200 000. Where the company has received support following other de minimis regulations, the applicant ' s activities relating to primary production of agricultural products must be kept at an accounting basis from the other activities of the undertaking.

Paragraph 3. The amount of the subsidy shall be calculated on the basis of the subsidy rates in section 9, if the subsidy is thereby calculated within the framework of paragraph 1. One and two. In other cases, the subsidy shall be calculated on the basis of the subsidy rates in section 9, in accordance with the same percentage reduction, so that the calculated subsidy shall amount to the full amount within the framework of paragraph 1. One and two.

§ 9. For the following areas, the grant rate is 1,600 kr. per Oh, my. $1,200. per well, in the case of areas where special aid has been granted for extensive farming :

1) Areas referred to in 2011 were areas as set out in the following subparagraph (a, b or c, pursuant to notification in the Community scheme for 2011, however, in accordance with checks, if checks have been found in the said review for the area concerned :

a) permanent pasture, other than permanent pastures for the production of turtgrass ;

b) areas eligible under the single payment scheme in accordance with Article 34 (1). (b) 2 (b) of Council Regulation (EC) No, 73/2009, or

c) naturaes or areas for recreational purposes.

2) Spaces that are not reported in the Community scheme for 2011.

3) Areas within the calendar year 2011 have been covered by commitments on grants for the taking of arable land, to the set-aside of grass-land pasture, for the environmentally-friendly operation of grassland pasture, for the care of grass and pastures with deforestation, grubbing or reaping, for changing afforestation, for the environmentally friendly operation of grass and pastures or for the setting up of set-aside zones pursuant to notice No 2 ; 140 of 10. In March 2005 or earlier announcements on subsidies for environmentally friendly land use measures.

4) Spaces within the calendar year 2011 have been covered by pledges for set-aside peripheral zones along watercourses and lakes, to nursing pasture and pauling rooms or for the maintenance of a change of affixing under the rural area.

Paragraph 2. For areas which are not covered by paragraph 1. 1, the grant rate is 2,800 kr. per Oh, my. 2,100 kroner. per well, in the case of areas of particular aid for 2012 to extensive farming.

Paragraph 3. Notwithstanding paragraph 1 1 is the grant rate of 2 800 kr. per have in respect of areas which, within the calendar year 2011, have been subject to a commitment to the environmentally friendly operation of the pasture and pauls of grass and pauls in accordance with the notice of publication No 2 ; 187 of 20. In March 2003, grants for the setting up of set-aside zone shall be granted on the basis of notice No 2 ; 140 of 10. March 2005 on subsidies for environmentally-friendly land use measures or a grant for the set-aside zones along watercourses and lakes in accordance with rural areas, where the previous application is accompanied by adequate documentation material for : the areas of the growth season prior to the period of the financial year for the said undertakings have been used for use in the use of agricultural or portable fruit or porterarticulate, for plant school on free land, subpoenas or for cultivation in a short period of time ; whereas, however, the rate of operation of ornadees is reverted ; however, the rate of the grant is : DKK 2,100. per well, in the case of areas of particular aid for 2012 to extensive farming.

Paragraph 4. Notwithstanding paragraph 1 1-3 is the grant rate

1) $1,600. per ha for areas which, in the case of the commitment period, are covered by commitments to grant aid for the maintenance of wetlands or to the retention of natural water conditions with a subsidy rate of 1 800 DKK. per ha per the year, and where the defendant is given in accordance with the rural area and on the basis of an application received in the Natural Acquire Management Board on 1. February 2013, or later, but $1200. per well, in the case of areas where special aid is granted for extensive farming, and

2) DKK 2,800. per ha for areas which, in the case of the commitment period, are covered by commitments to grant aid for the maintenance of wetlands or to the retention of natural water conditions with a grant rate of 3 500 kr. per ha per the year, and where the defendant is given in accordance with the rural area and on the basis of an application received in the Natural Acquire Management Board on 1. February 2013, or later, but 2,100 kroner. per well, in the case of areas of particular aid for 2012 to extensive farming.

§ 10. Section 11 refers to areas covered by agricultural parcels covering the areas covered by the application. For the purposes of Section 11 :

1) The area applied shall be : the total area covered by the aforementioned agricultural parcel.

2) A high rate of subsidy : an area for which the rate of grant is 2,100 kr. per Oh, $2,800. per Well, $2,100. per have been reduced by a percentage or 2.800 kr. per have reduced by a percentage, cf. § 8 (3) 3.

3) The area covered shall be covered by a high rate of subsidy : the total area applied to the fields referred to in the said fields, and where the area of the area is sought for subsidies on the basis of the high subsidy rate.

4) Space-based conditions : in section 6, paragraph 1. 1, no. 1-6, and 7 established conditions for grants.

5) Area covered by the area-based conditions means the total area within the fields specified and where the area-based conditions are met for the area.

6) Area with high rate of grant, for which area-based conditions are met : the total area of the high rate of subsidy within the fields specified and where the area-based conditions are met for the area.

§ 11. If the area-based conditions are met for an area greater than the area for which the area is applied, the area applied shall be applied for the calculation of the subsidy.

Paragraph 2. If the area-based conditions are met for an area less than the area covered, the area for which the area-based conditions is met is laid down for the purpose of the calculation of the subsidy.

Paragraph 3. If the area-based conditions are met for a high rate of subsidy, which is greater than the area covered by a high rate of subsidy, the area covered shall be covered by a high rate of subsidy due to the calculation of the subsidy. The other part of the area applied for which the area-based conditions are met is part of the low subsidy rate in the calculation of the subsidy.

Paragraph 4. If the area-based conditions of grant are met for a high rate of subsidy which is less than the area covered by a high rate of subsidy, the area of the high rate of subsidy shall be laid down for which the area-based conditions are met ; reasons for the calculation of the subsidy. The other part of the area applied for which the area-based conditions are met is part of the low subsidy rate in the calculation of the subsidy.

Paragraph 5. Calculation of grants under paragraph 1. 1-4 is conditional on the conditions set out in section 6 (1). 1, no. 7-10, I'm done.

Payment of grants

§ 12. The National Business Authority will pay the subsidy for the period from the 15th. December 2013 to the 30th. June 2014.

Paragraph 2. The grant will be transferred to the application for NemKonto.

§ 13. Where a holding after submission of the previous application is or is transferred in full or in part before the grant is paid, the grant will be paid to the applicant, unless the applicant is transferred to the transfer of an applicant. the subsidy to the transferee. The applicant shall remain responsible for compliance with the conditions for grants.

Chapter 6

Notify obligations

§ 14. The applicant shall, in the commitment period, submit a statement to the Office of Natural Acquisitions on the extent to which the conditions of this notice shall continue to be fulfilled.

Paragraph 2. The applicant is obliged to grant, without undue delay, the obligation to give the Natural Business Authority written notice of conditions in this notice that is not fulfilled.

Chapter 7

Supprepayment of grants

§ 15. In cases where payment of grants in violation of the terms of this notice, the grant or part thereof may be repaid. In the case of the recovery of the refund, interest shall be added if the repayment period is exceeded. The interest rate allowance shall be calculated for the period between the period for the repayment and the date of reimbursement and the amount of interest on late payment and so on. (Interest) provided for the reference rate provided for in addition.

Chapter 8

Force majeure

§ 16. The National Business Authority shall acknowledge the following events as force majeure :

1) The Anger's death.

2) The death of abducts.

3) The incapacity of the applicant for an extended period of time.

4) Expropriation if such expropriation could not be foreseen at the end of the application period.

5) A serious natural disaster which substantially affects areas on the holding.

6) Devastation of stables on the holding by accident.

7) The crew of the applicant shall be affected by an epizootic disease or by an infectious animal disease which is subject to the list of animal diseases covered by it under the Law on the Lists of Animals, as they are of major importance ; socioeconomic importance.

8) Changing the conditions in areas where the change in the assessment of the Natural Vocational Management Board has been caused by nature and may be prolonged.

Paragraph 2. It is a condition of the recognition of force majeure, in specific cases, that the events impede the fulfilment of the obligations under which force majeure is invoked and that it did not undergo disproportionate circumstances ; ophes could have secured the opposition.

Paragraph 3. In exceptional cases, in exceptional cases, the Management Board may recognise other events such as force majeure than those referred to in paragraph 1. 1.

Paragraph 4. Where the applicant or his person wishes to claim force majeure, it shall be notified to the Services of Natural Acquirees in writing no later than 10 working days after the applicant or his death row is able to do so. The notification shall be accompanied by adequate documentation material.

Chapter 9

Appeal access

§ 17. Decisions taken pursuant to this notice may be subject to appeal to the Ministry of Appeal.

Paragraph 2. The complaint shall be submitted through the Office of the Natural Acquire Management Board and shall be received in the Office of the Natural Acquire Management Board within four weeks of receipt of the decision to which the complaint relates.

Paragraph 3. The National Services Agency may resume a case after a complaint has been lodged.

Chapter 10

Entry into force

§ 18. The announcement shall enter into force on 16. September, 2013.

Paragraph 2. Publication no. 80 of 29. In January 2013 on the suspension of random compensation to farmers is lifted.

The Wildlife Agency, the 131. September 2013

Sarah Borner

/ Steen Bonde