Decree Amending The Decree On Subsidies For Municipal Wetland Projects

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om tilskud til kommunale vådområdeprojekter

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Decree amending the Decree on subsidies for municipal wetland projects

§ 1

In executive order No. 951 of 30. July 2010 for grants for municipal wetland projects shall be amended as follows: 1. Everywhere in the notice, the words ' Food Business ' to: ' Danish Agrifish agency ' and ' Food Business ': ' NaturErhvervstyrelsens '.

2. Everywhere in the notice, the words ' Danish forest and nature agency ' to: ' nature '.

3. section 1, paragraph 2 is replaced by the following: ' (2). The purpose of the system is through the construction of wetlands to improve water environment and nature by a reduction of the nitrogen load as laid down in the Ministry of the environment Decree on criteria for the assessment of municipal wetland projects for each of the vandoplande. '

4. In section 4, paragraph 3, the words ' Danish plant Directorate ': ' Danish Agrifish agency '.

5. In section 4, paragraph 4, the words ' and the Danish plant Directorate '.

6. Under section 5 shall be inserted: ' article 5 a. Notwithstanding § 5, paragraph 3, Danish Agrifish agency decision on refusal or partial denials of applications, if the Danish Agrifish Agency estimates that 1) the total estimated cost, or one-off expenditure, is not reasonable, 2) expenditure not eligible, see. section 13 (3) and to section 14, paragraph 3, 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 proportionate to the project's total estimated cost. '

7. paragraph 7 shall be replaced by the following: ' article 7. Grants for feasibility studies may be granted only to projects that meet the criteria contained in paragraph 3 of the Ministry of the environment Decree on criteria for the assessment of municipal wetland projects. '

8. Article 8 shall be replaced by the following: ' article 8. Grants for the construction of wetlands may be granted only to projects that meet the criteria set out in section 4 of the Ministry of the environment Decree on criteria for the assessment of municipal wetland projects. '

9. Article 9 is replaced by the following: ' § 9. It is a condition of grants for feasibility studies, 1) that feasibility studies be terminated before a date to be fixed in the undertaking of Danish Agrifish Agency, and which, after the application can be changed, see. § 15, 2) that 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, see. section 20, no. 3, 3) that withdrawal requests associated with the original accounting documents shall be kept available for at least 5 years from the date of the final payment of the grant, the applicant shall give 4) information, Danish Agrifish Agency and nature agency requests for use of the procedure, 5) that 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 that ensure unique identification of all transactions relating to the project, 6) to the applicant in the application provides information about the project is covered by a contract, which is subject to EU procurement rules or quotation law, and 7) that undertaking gardens, if the project or any part thereof is subject to the EU procurement rules or quotation law, keep documentation proving that EU procurement rules or quotation law is respected , available for at least five years from the date of the final payment. '

10. Article 10 is replaced by the following: ' article 10. It is a condition of grants for construction of wetlands, 1) that the necessary authorisations from public authorities is achieved, 2) that the project be terminated before a date to be fixed in the undertaking of Danish Agrifish Agency, and which, after the application can be changed, see. § 15, 3) to submit the request for final payment undertaking gardens, all expense reports, proof of payment, final project report and opinion on the implementation in a timely manner to the Danish Agrifish Agency, see. section 21 (1) (8). 2 and 3, 4) that the project be maintained for a period of at least 5 years from the date on which the project must be completed, 5) that withdrawal requests associated with the original accounting documents shall be kept available for at least 5 years from the date of the final payment of the grant, the applicant shall deliver the information 6), Danish Agrifish Agency and nature agency requests for use of the procedure, 7) that "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) that the applicant in the application provides information about the project is covered by a contract, which is subject to EU procurement rules or quote law , 9) that undertaking gardens, if the project or any part thereof is subject to the EU procurement rules or quotation law, keep documentation proving that EU procurement rules or rules of the Act have been complied with, the offer available for at least five years from the date of final payment, and 10) that undertaking gardens ensures that the supervisory authority has access to the project area in the context of control. '

11. section 13, paragraph 3 is replaced by the following: ' (3). Grants for feasibility studies may not include 1) expenditure incurred before undertaking gardens nature Agency has given permission to launch the project, see. section 5, paragraph 2, however, if such authorisation is not given expenditure incurred before undertaking gardens there are pledged grants, 2) expenditure relating to activities in which the undertaking gardens or an owner or lessee of land in the project area are required to implement in accordance with other legislation, 3) expenditure qualifying for public aid or the aid provided for in other legislation , 4) VAT, unless this definitively borne by undertaking gardens, 5) expenditure on research and technological development, 6) financing and banking costs, 7) the cost of the purchase, rental and leasing of used equipment and used equipment and 8) expenses in the form of benefits in kind, as referred to in article 54 of Commission Regulation (EC) No 1782/2003. 1974/2006 of 15. December 2006 implementing Council Regulation (EC) 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD). '

12. section 14 (1) (8). 4, is repealed.

No. 5-8 is then no. 4-7.13. § 14 (2), is repealed.

Paragraphs 3 and 4 become paragraphs 2 and 3.

14. section 14, paragraph 3 is replaced by the following: ' (3). Grants for the construction of wetlands may not include 1) expenditure incurred before undertaking gardens nature Agency has given permission to launch the project, see. section 5, paragraph 2, however, if such authorisation is not given expenditure incurred before undertaking gardens there are pledged grants, 2) expenditure relating to activities such as undertaking gardens or an owner or lessee of land in the project area are required to implement in accordance with other legislation, 3) expenditure qualifying for public aid or the aid provided for in other legislation , 4) VAT, unless this definitively borne by undertaking gardens, 5) expenditure on research and technological development, 6) financing and banking costs, 7) the cost of the purchase, rental and leasing of used equipment and used stock, 8) expenditure on capital works on forest land and land covered by the fredskovs duty and 9) expenses in the form of benefits in kind, as referred to in article 54 of Commission Regulation (EC) No 1782/2003. 1974/2006 of 15. December 2006 implementing Council Regulation (EC) 1698/2005 on support for rural development by the European agricultural fund for rural development (EAFRD). '

15. Under section 18 shall be added before the chapter 9:» § 18 a. Danish Agrifish agency can reduce the total amount of the eligible expenditure for a project, if the Agency believes that the EU procurement rules or rules of quotation law have not been complied with. The grant will be reduced 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 of the European rural development fund for rural development (EAFRD), which is estimated to be connected therewith. '

16. section 19, paragraph 1, is replaced by the following: ' (1). Payment of grants on the basis of the organiser statement of paid 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 as well as proof of payment. Schema is available via the NaturErhvervstyrelsens website or via the website URwww.vandprojekter.dk. '

17. In article 20, paragraph 1, no. 3, the words ' accountant ', to: ' all expense documentation for payment '.

18. In article 21, paragraph 1, no. 3, the words ' accountant ', to: ' all expense documentation for payment '.

19. In article 23 paragraph 4 is added: ' (4). Notwithstanding paragraph 1, Danish Agrifish agency maintain the undertaking, even if the conditions laid down in § 9, nr. 7 and § 10, nr. 12, have not been fulfilled, if Danish Agrifish Agency estimates that the non-fulfilment of the condition is not significant. "

20. Chapter 13 is repealed.

section 2 of the Ordinance shall enter into force on 7 August. September 2013.

Danish agrifish Agency, the 5. September 2013 Jette P/Lene Sørensen