Ordinance On National Subsidies To Mandatory Buffer Zones

Original Language Title: Bekendtgørelse om nationalt tilskud til obligatoriske randzoner

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Overview (table of contents)



Chapter 1



The scheme's purpose and content





Chapter 2



Definitions





Chapter 3



Administration





Chapter 4



Conditions for grant





Chapter 5



Calculation and payment of grants





Chapter 6



Obligation





Chapter 7



Refund of grants





Chapter 8



Force majeure





Chapter 9



Access to justice





Chapter 10



Date of entry into force of



The full text of the Executive order on national subsidies to mandatory buffer zones

Under text annotation nr. 159 ad § 24.23.03 in Act No. 120 by 20. June 2013 shall be established under the authority of the scheme's purpose and content: Chapter 1 section 1. The purpose of the scheme is to provide grants for the outermost zone areas for the period from 1 July 2001. September 2012, up to and including the 31. December 2013. Subsidies are granted as de minimis aid, in accordance with Commission Regulation (EC) No 1782/2003. 1535/2007 of 20. December 2007 on the application of articles 87 and 88 of the EC Treaty to de minimis aid for the production of agricultural products.

(2). Subsidies may be granted for the outermost zone areas, which are utilised agricultural land, 1) who are eligible for aid under the single payment scheme or 2) are areas with Christmas trees for short-term cultivation or greenery in the short term.

(3). Grants may be awarded to applicants who are, as farmers have lodged an application for RIM zone compensation pursuant to bekendtgørelse nr. 80 of 29. January 2013 on RIM zone compensation to farmers.

(4). Danish agrifish Agency shall decide on the grant within the time-frame allocated.

Chapter 2 Definitions section 2. For the purposes of this order: 1) commitment period: the entire period from the 1. September 2012, up to and including the 31. December 2013.

2) Rim zone area: area, there is a peripheral zone pursuant to the law on buffer zones and rules issued thereunder. In addition, area a) which are not covered by article 1, paragraph 1, of the law on the buffer zones but that would have been covered by article 1, paragraph 1, of the said law, if the State water plans not on 3. December 2012 had been declared invalid, b) that are located in areas in the South and sonderjyske marshes, which appear on the compensation card, or in the areas of the Marsh-like structures found on the card, and without compensation for the 2-metre strips, which are applicable pursuant to section 69 of the Act on streams, and (c)) for which § 1, paragraph 1, and article 2, paragraph 1, of the law on the buffer zones as well as section 10 and section 11 of Decree No. 892 of 29. August 2012 for buffer zones or later provisions which might lock the said section 10 and section 11, corresponding compliance for the area in the entire commitment period.

3) utilised agricultural land: utilized agricultural areas, as referred to in article 38 of Council Regulation (EC) No 1782/2003. 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD), see. definition of utilised agricultural land in point 1.03.01 in annex II to Commission Regulation (EC) No 1782/2003. 1200/2009 of 30. November 2009.

4) Areas that are eligible for aid under the single payment scheme: areas eligible according to the rules for the single payment scheme, subject to applications for grants under this Ordinance is not a requirement that the eligible area, which can be granted direct payments pursuant to 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, at least 2.00 ha, and is not a requirement that the candidate possesses the payment entitlements.

5) Christmas trees and greenery in the short term in the short term: A production where the trees are cut down not later than the 10th century. calendar year after planting of trees on the area or no later than the 14th century. calendar year after seeding on the area.

6) farmer: farmer, as defined in the single payment scheme referred to in article 6. Article 2, point (a) of Council Regulation (EC) No 1782/2003. 73/2009 of 19. January 2009.

7) Compensation card: Food Ministry's indicative map of the peripheral zone areas, as can be seen on the Food Ministry's Internet Mark map.

8) Applied area: area for which applied for grants.

9) earlier application: application for RIM zone compensation lodged pursuant to bekendtgørelse nr. 80 of 29. January 2013 on RIM zone compensation to farmers.

10) ban on cultivation or other land treatment: ban on cultivation or other land treatment comparable to or in the main proceedings correspond to the banning of the cultivation or other land treatment listed in the law on the buffer zones.

11) Special aid: aid is granted pursuant to article 68 of Council Regulation (EC) No 1782/2003. 73/2009 of 19. January 2009.

12) transfer of land: the financial responsibility for the operation of the land shall be transferred to another natural or legal person by sale, lease, termination of the lease or any similar type of transfer.

13) Acquires: A natural or legal person who assumes the financial responsibility for the operation of one or more areas of another natural or legal person by purchase,-farmed or farmed, cessation of lease or any similar type of acquisition.

Chapter 3 Administration Control



§ 3. Danish agrifish agency carrying out checks in connection with the Administration after this announcement.

(2). Danish agrifish Agency carries out on-the-spot checks.

(3). Danish agrifish agency can to use for checks to obtain information from other authorities as appropriate.

Grant application



§ 4. Grant application must be submitted on a special table. The form must be filled in and submitted electronically by using the Food Ministry's Key self-service, which can be accessed via the NaturErhvervstyrelsens website.

(2). The special scheme may, however, be filed in hard copy, if Danish Agrifish Agency has granted derogations from the requirement electronic submission and completion of the Common schema 2013 via Key self-service.

(3). Grant application includes the same areas, as in the previous application submitted in accordance with section 4 of Executive Order No. 80 of 29. January 2013 on RIM zone compensation to farmers, or a part of those areas.

(4). Applications for grants must be received in Danish Agrifish agency not later than the 22nd. October 2013.

Corrections to the compensation map



§ 5. Farmers may submit proposals for corrections of the map within the compensation of Danish Agrifish Agency provided for periods of time, which shall be published on the NaturErhvervstyrelsens website.

Chapter 4 Conditions for reimbursement conditions pertaining to the rules of the law on the buffer zones, etc.



§ 6. Grants for an applied area is conditional on 1) to the applicant as owner or lessee the area drives 25. April 2013, 2) to the land is a peripheral zone area in the entire commitment period, 3) to section 1, paragraph 1, and article 2, paragraph 1, of the law on the buffer zones as well as section 10 and section 11 of Decree No. 892 of 29. August 2012 for buffer zones or later provisions which might lock mentioned § 10 and § 11 compliance for the area in the entire commitment period, 4) to the land is located within one or more fields, where there is an overlap of at least 100 square metres between each mark and the peripheral zone areas with the same reimbursement rate contained in the compensation card 1. February 2013, see. However, paragraph 2, 5) to the area in the entire commitment period are eligible for the single payment scheme or the 25. April 2013 was an area of Christmas trees in the short term or greenery in the short term, 6) that no for the land pursuant to the law on buffer zones have been granted a derogation, that can be exploited within the commitment period, and which relates to the prohibition of fertilisation or the ban on spraying, except derogation regarding the fight against invasive or poisonous species, 7) the inspection authority has the necessary access to the holding in connection with on-the-spot checks , 8) that the applicant shall deliver the information, Danish Agrifish agency requests for use of the procedure, the applicant has not sought to conceal 9) information of significance for the decision, and 10) that the applicant provide the necessary guidance and assistance for the implementation of the on-the-spot checks, including the extradite or submit the material requested in connection with Danish Agrifish agency control.

(2). The condition set out in paragraph 1, no. 4, shall not apply, if the condition set out in paragraph 1, no. 4, cannot be met, and this is due to the fact that Danish Agrifish Agency has corrected a compensatory card as a result of a request, which is submitted to the Danish Agrifish Agency by someone other than the applicant.

Conditions relating to other regulation



§ 7. Grants for an applied area is subject to the condition that the land is not in effect within the commitment period is covered by one or more of the following adjustments: 1) Commitments on subsidies 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) pledged subsidies for environmentally friendly operation of wetlands pursuant to bekendtgørelse nr. 893 of 22. September 2005 for grants to environmentally friendly operation of wetlands.


3) Commitments on subsidies for the maintenance of altered drainage, for maintaining wetlands, to the care of wetlands or to the retention of natural water-level conditions, where the undertaking is given in accordance with the law and rural development on the basis of an application that is received in the Danish Agrifish agency before the 1. February 2013.

4) Commitments on subsidies for the maintenance of wetlands or to the retention of natural water-level conditions, where the undertaking is given in accordance with the law and rural development on the basis of an application that is received in the Danish Agrifish Agency 1. February 2013 or later, and where the grant rate is 300 DKK per hectare per year.

5) Easement in connection with commitments for grants pursuant to bekendtgørelse nr. 175 of 22. March 2002 or earlier decree on subsidies for environmentally friendly agricultural measures in connection with the use of environmentally-friendly agricultural measures for the recovery of wetlands.

6) Easement in connection with commitments for grants for the establishment of wetlands pursuant to bekendtgørelse nr. 187 of 20. March 2003 or order No. 84 of 12. February 2004 on a financial contribution to environmentally friendly agricultural measures.

7) Easement pursuant to bekendtgørelse nr. 892 of 22. September 2005 for grants for the construction of wetlands.

8) Easement pursuant to bekendtgørelse nr. 604 of 14. June 2007 on a financial contribution for the construction of wetlands, Decree No. 951 of 30. July 2010 for grants for municipal wetland projects, Executive Order No. 952 of 30. July 2010 for grants to private companies and others. for wetland projects, Executive Order No. 372 of 26. April 2012 for grants for municipal projects related to phosphorus wetlands, Decree No. 175 of 28. February 2012 on grants for Natura 2000 projects for the establishment of natural water-level conditions or order No. 840 by 15. August 2012 about reimbursement for State wetland projects, with the exception of easement areas covered by commitments on subsidies for the maintenance of wetlands or to the retention of natural water-level conditions, where the undertaking is given in accordance with the law and rural development on the basis of an application that is received in the Danish Agrifish Agency 1. February 2013 or later, and where the grant rate is not 300 DKK per hectare per year.

9) Easement, there are things like the Danish Agrifish Agency in connection with State purchase and resale of land included in the wetland projects.

10) Agreement or easement pursuant to the Ministry of the environment Decree on criteria for the allocation of financial resources for the restoration of wetlands or the Ministry of the environment Decree on restoration of wetlands.

11) grants, the ban on spraying, prohibition of fertilization, prohibiting the cultivation or other land treatment or ban cultivation or other land treatment, apart from the cultivation of renewable grass, as a result of a grant scheme for forestry under rural development programmes, without prejudice. Council Regulation (EC) No 1782/2003. 1698/2005 on support for rural development by the European agricultural fund for rural development, Council Regulation (EC) No 1782/2003. 1257/1999 on support for rural development from the European agricultural guidance and guarantee fund and Council Regulation (EEC) No 2377/90. 2080/92 on a Community system with support for forestry measures in agriculture.

12) ban on cultivation or other land treatment or ban cultivation or other land treatment, apart from the cultivation of renewable grass, as a result of a) commitments in aid scheme pursuant to other legislation than the rules for special support, the rules for the area based grant schemes for environmentally friendly agriculture under rural development programmes and the rules for subsidies to forestry under rural development programmes, without prejudice. Council Regulation (EC) No 1782/2003. 1698/2005, Council Regulation (EC) No 1782/2003. 1257/1999, Council Regulation (EEC) No 2377/90. 2078/92 on environment-friendly production methods in agriculture, as well as on natural care and Council Regulation (EEC) No 2377/90. 2080/92 (b)) other than the easement in nr. 5-10, c) listed second deal than they in no. 10 listed, and which involves payment of the said regulation, or d) duty imposed pursuant to law other than the law on buffer zones, rules issued pursuant to the law on buffer zones and the provisions of the nature protection legislation on protected natural habitat types, see. section 3 of the Act on nature protection.

(2). Grants for an applied area is subject to the order area not be granted special aid for a period that is wholly or partly coincide with the commitment period, apart from 1) specific support for 2012 and 2) specific support for care of eligible grassland under the single payment scheme.

Chapter 5 the calculation and payment of grants section 8. The applicant can, over a period of three fiscal years for holding maximum receive 7,500 euros in aid granted in accordance with the provisions of Commission Regulation (EC) No 1782/2003. 1535/2007. Within this ceiling included other de minimis aid covered by this regulation, in the said period of 3 years.

(2). If the applicant's holding is a part of a company that has received de minimis aid after other de minimis regulations, the total amount of de minimis aid granted to the company within a period of three financial years a maximum of 200,000 euros. The company has received support after other de minimis regulations, the applicant's activities related to the primary production of agricultural products are kept for accounting separate from the company's other activities.

(3). The grant is calculated on the basis of subsidy rates in section 9 if it thereby calculated contribution within the scope of paragraphs 1 and 2. In other cases, the financial contribution shall be calculated on the basis of subsidy rates in section 9 after reduction by the same percentage, which shall be fixed in such a way that it thereby calculated grants make up the full amount within the framework of paragraphs 1 and 2.

§ 9. The following areas are the grant rate 1,600 € per hectare, however, 1,200 € per hectare, if land is granted special support for 2012 to extensive farming: 1) areas in 2011 was land, as set out in the following subparagraphs (a), (b) or (c), according to the review of the Common scale for 2011, however, according to the control, if the control is found errors in the said notification of the area concerned : a) the land under permanent pasture except permanent pasture for the production of sod, b) land that is eligible for aid under the single payment scheme in accordance with article 34, paragraph 2, point (b) of Council Regulation (EC) No 1782/2003. 73/2009, or c) natural areas or areas for recreational purposes.

2) land not declared in the schema for 2011.

3) land within the calendar year 2011 has been covered by the commitment of grant for the procurement of arable land, sampling of pasture outside the crop rotation system, to environmentally friendly operation of pasture outside the crop rotation system, for the care of grass and natural areas with grazing, clearing or mountain Hay, to altered drainage, to environmentally friendly operation of grass and natural areas or for the establishment of set-aside buffer zones pursuant to bekendtgørelse nr. 140 by 10. March 2005 or earlier notices about grants for eco-friendly agricultural measures.

4) land within the calendar year 2011 has been subject of pledge grants to set-aside buffer zones along streams and lakes, for the care of grass and natural areas or to the maintenance of the modified dewatering under rural development Act.

(2). For areas not covered by paragraph 1, the grant rate is 2,800 € per hectare, however, 2,100 € per hectare, if land is granted special support for 2012 to extensive farming.

(3). Notwithstanding paragraph 1, the grant rate 2,800 € per hectare for areas within the calendar year 2011 has been subject of pledge grants to environmentally friendly operation of grass and natural areas pursuant to bekendtgørelse nr. 187 of 20. March 2003, commitments for grants for the establishment of set-aside buffer zones pursuant to bekendtgørelse nr. 140 by 10. March 2005 for grants to environmentally friendly measures or commitments on agricultural subsidies for set-aside buffer zones along streams and Lakes by virtue of rural law, if the previous application is accompanied by adequate documentation of that land for the growing season prior to the commitment period for the mentioned commitments have been drawn down in permanent pasture or agricultural land utilised agricultural land under fruit or soft fruit, to the nursery in the open, to the coppice or for growing in the short term of greenery , Christmas trees or energy forest. However, the grant rate is 2,100 € per hectare, if land is granted special support for 2012 to extensive farming.

(4). Notwithstanding paragraphs 1 to 3 are the grant rate 1) 1,600 € per hectare for areas with effect within the commitment period covered by commitments on subsidies for the maintenance of wetlands or to the retention of natural water-level relationship with a grant rate of DKK 1,800 per hectare per year, and where the undertaking is given in accordance with the law and rural development on the basis of an application that is received in the Danish Agrifish Agency 1. February 2013 or later, however, 1,200 € per hectare, if land is granted special support for 2012 to extensive farming, and


2) 2,800 € per hectare for areas with effect within the commitment period covered by commitments on subsidies for the maintenance of wetlands or to the retention of natural water-level relationship with a grant rate of 3,500 € per hectare per year, and where the undertaking is given in accordance with the law and rural development on the basis of an application that is received in the Danish Agrifish Agency 1. February 2013 or later, however, 2,100 € per hectare, if land is granted special support for 2012 to extensive farming.

§ 10. section 11 deals with areas within the parcels, which include applied areas. In section 11:1) The applied area: the total area applied for within the mentioned fields.

2) an area with high grant rate: An area for which the grant rate is 2,100 € per. ha, 2,800 € per hectare, 2,100 € per hectare reduced by a percentage or 2,800 € per hectare reduced by a percentage of the basic regulation. § 8, paragraph 3.

3) It applied for land covered by high grant rate: the total applied area within the mentioned fields, and where for the area is searched for reimbursement on the basis of the high grant rate.

4) area-based conditions: in § 6 (1). 1-6 and § 7 laid down conditions for reimbursement.

5) area for which the land-based conditions are met: the total area within the mentioned fields, and where the land-based conditions are met for the area.

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

§ 11. If the land-based conditions are met for an area that is larger than the area applied for, be it applied to the area as the basis for the calculation of the grant.

(2). If the land-based conditions for an area that is less than the requested area, the area for which the land-based conditions are met, as the basis for the calculation of the grant.

(3). If the land-based conditions for an area with high grant rate, which is larger than the area covered by the mark applied for high grant rate, be it applied to the area covered by the high grant rate into consideration for the calculation of the grant. The remaining part of the area for which they applied for land-based conditions, included with low reimbursement rate in the calculation of the grant.

(4). If the conditions for area-based grant are satisfied for an area with high grant rate, which is less than the area covered by the mark applied for high grant rate, be it land with high grant rate, for which the area-based conditions are met, as the basis for the calculation of the grant. The remaining part of the area for which they applied for land-based conditions, included with low reimbursement rate in the calculation of the grant.

(5). Calculation of the subsidy referred to in paragraphs 1 to 4 shall be subject to the conditions set out in section 6 (1). 7-10, are met.

Payment of grants



§ 12. Danish agrifish Agency shall pay the financial contribution for the period from the 15. December 2013 for the 30. June 2014.

(2). The grant is transferred to the applicant NemKonto.

§ 13. If a holding after the filing of the earlier application is or will be transferred in whole or in part, before the grant is paid, will grant regardless of the transfer will be paid out to the applicant, unless the applicant by a transport subsidy transfers to the transferee. The candidate will remain liable for compliance with the conditions for reimbursement.

Chapter 6 obligation § 14. The applicant must declare, in the commitment period on request to Danish Agrifish agency as to whether the conditions laid down in this Ordinance continue to be fulfilled.

(2). The candidate is in the commitment period obliged without undue delay, to give Danish Agrifish Agency in writing of the conditions set out in this notice are not met.

Chapter 7 repayment of grants section 15. In cases where there has been the payment of subsidies in contravention of the conditions set out in this notice, may grant or part of them recovered. By statement of claim repayment attributed to that interest, if the deadline for payment is exceeded. Interest allowance shall be calculated for the period between the deadline for repayment and the date of the repayment and with the law on interest for late payment, etc. (Renteloven) fixed the reference rate plus.

Chapter 8 Force majeure § 16. Danish agrifish agency recognises the following events as force majeure: 1) applicant's death.

2) Away the lessor's death.

3) applicant's incapacity to work for a longer period of time.

4) Expropriation, if any such expropriation could not be foreseen by the application deadline.

5) A severe natural disaster substantially affects the areas on the farm.

6) Destruction of livestock buildings on the holding at the accident.

7) applicant's crew will be hit by an epidemic of an infectious animal disease or resulting in public interventions and which are covered by it pursuant to the law on keeping of animals issued list of diseases to be combated, because they are of considerable social and economic importance.

8) change of conditions on land where the change after NaturErhvervstyrelsens assessment is caused by nature and can be prolonged.

(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.

(4). If the candidate or his estate would 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 applicant or his or her estate is able to do it. the communication must be accompanied by adequate documentation.

Chapter 9 remedies section 17. Decisions taken pursuant to this order may be appealed to the Food Ministry's Complaint center.

(2). The complaint must be submitted through the Danish Agrifish Agency and must be received in Danish Agrifish agency no later than 4 weeks after receipt of the decision, which the complaint relates.

(3). Danish agrifish agency can resume a case after the complaint has been lodged.

Chapter 10 the date of entry into force of § 18. The notice shall enter into force on 16 September. September 2013.

(2). Executive Order No. 80 of 29. January 2013 on RIM zone compensation to farmers should be repealed.

Danish agrifish Agency, the 13. September 2013 Sarah B/Steen Pawn