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The Order 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)

Original Language Title: Bekendtgørelse af lov om administration af Det Europæiske Fællesskabs forordninger om ordninger under Den Fælles Landbrugspolitik finansieret af Den Europæiske Garantifond for Landbruget m.v. (landbrugsstøtteloven)

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Table of Contents
Chapter 1 Management of market organisations, etc.
Chapter 2 Management of production taxes, etc.
Chapter 3 (Aphat)
Chapter 4 Common provisions
Chapter 5 Penalty provisions
Chapter 6 Entry into force, etc.

Publication of the European Community Regulations on Regulations under the Common Agricultural Policy financed by the European Guarantee Fund for agriculture and so on. (The agricultural aid law)

In this way, the European Community Agricultural Guarantee Fund regulations are being called upon by the European Community Guarantee Fund to be financed by the European Agricultural Guarantee Fund, etc. (The agricultural aid law), cf. Law Order no. 445 of 23. April 2010, with the changes resulting from paragraph 10 of Law No 341 of 27. April 2011.

Chapter 1

Management of market organisations, etc.

§ 1. The Minister for Food, Agriculture and Fisheries shall be authorised to lay down the rules and implement the other measures necessary for the application of this Community Regulation (EC) Regulations :

1) ' market organisation ' for agricultural products,

2) the arrangements for agricultural products covered by Annex II to the EC Treaty ; 1) without being included in a market organisation,

3) arrangements for goods, in the manufacture of which agricultural products are used,

4) information on income and farm business conditions in agriculture ; and

5) measures resulting from the use of special conversion rates within the common agricultural policy.

Paragraph 2. The Minister may lay down rules and implement measures necessary for the use in this country by schemes, as provided for in the regulations referred to in paragraph 1. 1, no. One-three is voluntary for the Member States to launch.

Paragraph 3. The Minister may lay down provisions to derogate from the rules laid down in the regulations to the extent that they have access to it.

Paragraph 4. The Minister may lay down rules laying down additional conditions for the payment of amounts of aid in accordance with the provisions of paragraph 1. The Regulations and Regulations on Reduction or Waste of Aid in the event of non-compliance with these additional conditions shall be subject to rules relating to reduction or withdrawal.

Paragraph 5. The Minister may lay down rules on the conditions of support and so on and the reduction or loss of aid in the case of non-compliance with such aid conditions and so on in the case of the use in this country by means of the establishment of : aid schemes in accordance with the provisions laid down in paragraph 1. 1 and 2 of these Regulations.

Paragraph 6. Agricultural goods in this law also include fruit and horticulture products, just as agriculture includes the fruit board and the horticulture of gardening.

Paragraph 7. In the case of issues covered by other ministers ' resunties, the powers shall be exercised under this law of the minister concerned.

§ 1 a. The Minister for Food, Agriculture and Fisheries may lay down rules that the application for aid amounts and reporting of information in accordance with rules laid down in section 1 must be carried out in a digital field and that communication is carried out in this context ; digitally between the minister and business.

Paragraph 2. The Minister may lay down detailed rules on digital application and reporting as well as digital communication, cf. paragraph 1, including the use of specific IT systems, special digital formats and digital signature. Equine.

Paragraph 3. The Minister may lay down rules that the minister or the minister empowers to do so may issue decisions and other documents in relation to applications and reports referred to in paragraph 1. 1 without a signature, with a mechanical or equivalent manner, or by means of a technique that ensures uniquely identification of the person who issued the decision or document. Such decisions and documents shall be placed in the same way as decisions and documents with a personal signature.

Paragraph 4. The Minister may lay down rules that decisions and other documents which have been made exclusively or issued on the basis of electronic data processing may be issued alone, with the Ministry of Food, Agriculture and Fisheries or the Ministry of Food, The minister is authorifying this to be sent to the ship.

Paragraph 5. A digital message is considered to have arrived when it is available for the message address.

§ 2. The Minister for Food, Agriculture and Fisheries will set up a committee with the task of advising with regard to the position of the European Community agricultural policy and the organisation of its administration. The Committee shall be composed of 24 of the minister appointed.

Paragraph 2. For the Committee, the Minister for Food, Agriculture and Fisheries Minister 1, Danish Industry 2, Dansk Industry 2, Agriculture & Food, Dansk Gartneri 4, Industry Committee for Fruit and Greents 1, Organic Agriculture and the Group of the European Union shall be the subject of the Danish Industry, Industry, Industry, Industry, Research and Energy, (Danish Organic Ecological Association) in Community 1, the Vocational Council of Workers Council 1, Denmark's Natural Friction Association 1 and Frisky Council 1 member.

Paragraph 3. There can be a representative for each of the members. The Minister for Food, Agriculture and Fisheries appoint one of the Ministry of Food, Agriculture and Fisheries representatives in committee to the chairman of the Committee and shall draw up the Rules of Procedure of the Committee. The secretarial tasks of the Committee shall be carried out by the Ministry.

§ 3. The Minister for Food, Agriculture and Fisheries may impose on importers, exporters, producers, traders and trade organisations, to provide the information necessary to comply with the rules of the European Community on the Member States ; reporting obligations in the field of agriculture.

§ 4. The Minister for Food, Agriculture and Fisheries may lay down rules governing the control of compliance with the regulations referred to in Section 1, including those covered by these regulations, and with undertakings importing, manufacturing, distributor, store, transports, process or export these goods, or which constitute an earlier or later part of the turnover of such goods and their constituents.

Paragraph 2. The inspection authorities shall at any time, where appropriate, be deemed necessary to permit without a court order of access to any site in which they shall be authorized in accordance with paragraph 1. 1 the goods shall be listed in commercial purposes, as well as any of the products referred to in paragraph 1. 1 mentioned undertakings. The police shall provide assistance, where necessary. The Minister for Food, Agriculture and Fisheries may, by agreement with the Minister of Justice, lay down detailed rules on this matter.

Paragraph 3. The inspection authorities shall be eligible for inspection of the goods and without any replacement samples of the products to the extent necessary to examine their nature. The competent authority shall also be entitled to verify the provisions referred to in paragraph 1. 1 the commodities held by companies, business books, other accounting documents, accompanying documents, prescriptions, analysis material, correspondence etc., including material stored in electronic form. The holders of companies and persons employed in the business must provide the necessary guidance and assistance in taking the aforementioned inspection and the aforementioned material on the request of the control authorities to be handed out or submitted ; for the control authorities.

Paragraph 4. The audit may, where appropriate, together with the European Court of Auditors, under similar conditions, as set out in paragraph 1. 2 verify the stock positions taken by the undertakings concerned, as well as in paragraph 1. THREE, TWO. rectangle, mentioned material, which, after the discretion of the relevant authorities, is of importance for the auditing control of the administration of the Regulations referred to in Section 1.

Paragraph 5. The Minister for Food, Agriculture and Fisheries may lay down rules on the control of the information to form the basis for the payment of benefits or levying charges in accordance with the Regulations referred to in Section 1.

Paragraph 6. The person receiving services or who shall pay the fees in accordance with the Regulations referred to in Section 1 shall keep it in paragraph 1. THREE, TWO. PC, mentioned material for at least five years from the end of the year in which the payment has been paid or paid.

Paragraph 7. The Minister for Food, Agriculture and Fisheries may lay down rules on the accounting procedure, etc., to be followed by undertakings in the payment of benefits or levying charges in accordance with the Regulations referred to in Section 1.

§ 4 a. The Minister for Food, Agriculture and Fisheries may lay down rules relating to the publication of the umbilise of results and the nature and extent of sanctions on the basis of checks carried out under the law or by rules issued under the law. The Minister may, in particular, lay down rules that appeal shall not effect any such complaint.

Paragraph 2. The Minister may lay down rules on how and in what form undertakings shall make control results in accordance with paragraph 1. 1 accessible to the public, including under what conditions, undertakings may be exempt from the obligation to make control results available.

Paragraph 3. The Minister may lay down rules on the form and the extent of publication, including that publication may be made electronically. The Minister can decide that certain results should not be made public.

Paragraph 4. The Minister may decide that publication should be made on the basis of one of the Minister, the information system for verification results. The Minister may at any time, including periodic, disclose the individual information as well as the bulk information from the information system to an unspecified group of recipients. Each person shall have access to information from the information system to obtain information which has either been published or which must be published. Access includes both individual information and bulk information.

§ 5. The Minister for Food, Agriculture and Fisheries may lay down rules for the full or partial payment of the costs of the administration of the export refund scheme and in the control of the Regulations referred to in Section 1.

Paragraph 2. The Minister for Food, Agriculture and Fisheries may also lay down rules for a whole or partial payment for special services, which the controlling authorities shall carry out upon request.

§ 5 a. The Minister for Food, Agriculture and Fisheries may lay down rules that it should be a condition for the payment of amounts of aid under the Regulations referred to in Section 1 that the beneficiary shall indicate an account in a financial institution on which the amount of aid was paid ; can be inserted.

Chapter 2

Management of production taxes, etc.

§ 6. The Minister for Food, Agriculture and Fisheries may, in accordance with the recommendation of the section 8 (5), The Management Board shall lay down rules on the payment of agricultural products manufactured in this country and on the payment of the same taxes on equivalent agricultural products imported here to the country, as well as to the extent to which such taxes are applicable ; shall be reimbursed for agricultural products when these are included as material in industrial manufactured goods. The fees are part of a production levy for each sector in which the collection is carried out.

Paragraph 2. The Ministry of Food, Agriculture and Fisheries is receiving from the Tax Ministry a proportion of the funds paid to the treasury in accordance with the law on the charge of control measures. The Minister for Food, Agriculture and Fisheries may determine the distribution of funds between

1) The Ministry of Food, Agriculture and Fisheries,

2) The excise duty fund for the fruit board and the gardening sector,

3) Agricultural and agricultural production of the Promilledul Fund

4) The Fund for organic farming.

Paragraph 3. The Minister may decide that the part of the funds referred to in paragraph 1 shall be that of the Member State. 2, and as, cf. paragraph 2, no. 1, the Ministry of Food, Agriculture and Fisheries shall be used for environmental improvement initiatives in the field of land use, disease prevention and disease control and for the production, processing and marketing of food production. The Minister may also decide that part of the funds referred to in paragraph 1 shall be determined. The payment of the costs of monitoring compliance with the regulations referred to in Section 1 shall be applicable to the payment of the costs of checking compliance with the regulations.

Paragraph 4. The Minister for Food, Agriculture and Fisheries shall lay down the detailed rules for the payment of the products referred to in paragraph 1. 1 public funds referred to.

Paragraph 5. The Minister may allow the production of the production levy, the promotion funds and the Fund for organic farming to receive more income than those referred to in paragraph 1. 1 and 2 led.

§ 7. The funds of the Funds shall be used to finance measures in the area of marketing, research and study, product development, product development, disease prevention, disease prevention, animal health, animal welfare, control, co-financing of initiatives Under EU programmes, and also of measures to which the minister of food, agriculture and fisheries are authorised. The funds shall also be used to cover the costs of checking the correct use of the funds. They in section 6, paragraph 1. The funds referred to in paragraph 1 must be used in sectors where they are charged. The Minister may also allow the funds to be borne by the Funds for the members of the boards of the Funds.

Paragraph 2. The Minister may allow the promillevies funds to be borne directly to the costs referred to in paragraph 1. Paragraph 1 and other general objectives of the whole area of agriculture, gardenery and fruglitre.

Paragraph 3. The minister can impose a compensation system for the promotion of the promotion funds in relation to the spread of genetically modified material on the cultivation of genetically modified crops. The Minister may lay down detailed rules on this matter.

§ 8. The production and promotion funds, as well as the Fund for organic farming, are led by each of its governing boards, designated by the Minister for Food, Agriculture and Fisheries. The management shall be appointed for a period of four years. Each Management Board shall be composed of both representatives of the business side as well as representatives of public interest. The Fund's Statute must be approved by the Minister.

Paragraph 2. To the boards of the production levy funds, agriculture and food organisations, including organic producers, express agreement on 2/3 of each board of directors, including organic producers, shall be subject to the decisions of the production levy and trade unions. The Consumer Council, the Vocational Council of Workers, the Free Research Council and the Strategic Research Council are acting jointly on 1/3 of each of the members of the board.

Paragraph 3. The management of the Agricultural Fund for Agriculture and the Promilleduction Fund for the fruit board and the agricultural sector shall be composed of six representatives of the business side and five representatives of public interest. Agricultural & Food and representative producer organisations, including organic producers, are expressed in agreement on each of the Management Board members of the business side. The Consumer Council, the Vocational Council of Workers, the Free Research Council and the Strategic Research Council are acting jointly on each of the members of the Board of Directors representing the public interest.

Paragraph 4. For the Board of Agriculture and Rural Development, Agriculture and Food and Trade Organizations will be able to agree on 2/3 of the members of the Management Board. The Consumer Council, the Vocational Council of Workers, the Free Research Council and the Strategic Research Council are acting jointly on 1/3 of the Board's members.

Paragraph 5. The Management Board shall ensure that the management of the funds is carried out in accordance with this Chapter, as laid down by this Regulation or by the law, by the way. The Minister for Food, Agriculture and Fisheries may set aside a member of the board, which has contributed to decisions in breach of these provisions.

Paragraph 6. The Minister for Food, Agriculture and Fisheries may notify the board of the management board to bring matters contrary to the provisions of this Chapter or against rules laid down pursuant thereto in accordance with the provision.

Paragraph 7. Decisions taken by a Board of Directors may be submitted to the Minister within 4 weeks of the notification of the complainant. The Minister may change the decisions of the Management Board without any complaint.

§ 9. The budgets and accounts of each fund must be approved by the Minister for Food, Agriculture and Fisheries according to the recommendation of the Board of Directors concerned. However, the Minister may, without option, make any changes to the budgets for the sections referred to in section 6 (2). Two and three, mentioned funds.

Paragraph 2. The Minister shall lay down the detailed rules for the funds for the preparation of budgets and accounts, as well as on administration and auditing. The accounts of the Funds shall be audited by a state sautorised or registered accountants.

Paragraph 3. Each fund creates an independent home page on the Internet. The Minister shall lay down detailed rules on the publication of the funds of budgets and accounts and application deadlines, application procedures, and so on.

Paragraph 4. The Minister shall lay down detailed rules on the contribution of the Funds by the effect of the measures provided for by the Funds, cf. § 7.

Paragraph 5. The Minister shall lay down the detailed rules for the contribution of the Funds in relation to animal or plant diseases.

§ 10. In the case of food, agriculture and fisheries, each person shall communicate to the information deemed necessary for the collection and use of the funds referred to in Section 6.

Paragraph 2. The Minister for Food, Agriculture and Fisheries may lay down rules governing the control of this information.

Paragraph 3. The Minister for Food, Agriculture and Fisheries may lay down rules on the accounting procedure, etc., to be followed by undertakings in connection with the collection and use of the funds referred to in Section 6.

Paragraph 4. The inspection authorities shall at any time, where deemed necessary be deemed necessary, to grant due legitimacy without a court order of access to any establishment or organisation to pay the fees under section 6. The police shall provide assistance, where necessary. The Minister for Food, Agriculture and Fisheries may, by agreement with the Minister of Justice, lay down detailed rules on this matter. The controlling authorities shall be entitled to verify the trade positions of the companies or organisations concerned, business books, the accounting documents, accompanying documents, prescriptions, analysis and correspondence etc., including : materials stored in electronic form, too. The holders or organisations of the establishments or organisations and persons employed in the establishments or organisations must provide the necessary guidance and assistance in taking the abovementioned oversight and the above material shall be required to control the above material. the request of the authorities shall be handed down or submitted to the inspection authorities.

§ 11. Members of a Management Board who, in the performance of their duties, intentionally or negligently, have been added to a fund are duchable to replace it.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall also apply to auditors. If a audit company is elected to the auditor, the audit company and the auditor are who the audit has been handed over, the replacement person responsible.

Paragraph 3. The replacement may be reduced when this is justified in the case of the degree of guilt, the extent of the damage and the circumstances, by the way.

Paragraph 4. Decisions on the submission of lawsuits against board members, auditors or auditors can be taken by the board or the Minister for Food, Agriculture and Fisheries.

§ 12. The Minister for Food, Agriculture and Fisheries informs at the end of each financial year the Committee of Parliament set up which funds have been made in the funds and how the funds have been spent.

Chapter 3

(Aphat)

Chapter 4

Common provisions

20. Amounts provided for in Regulation or under the rules laid down in accordance with this law and which are not paid in due time to the tax-demanding authority shall be attributed, unless otherwise provided for by Regulation, an annual interest rate equivalent to that ; interest rates fixed under interest-rate-five, from the day of the day on which the fall is due. However, interest shall be at least 50 kr.

Paragraph 2. Save as otherwise provided for by Regulation, the amount of unduly received shall be attributed to the amount not repayable within a time limit fixed by the paying authority, the amount referred to in paragraph 1. 1 mentioned interest from the expiry of the period. However, this only applies if the authority is, at the same time, to demand repayment to the obligation to pay interest.

§ 21. (Aphat)

§ 22. The Minister for Food, Agriculture and Fisheries may lay down rules, after which certain decisions or arrangements may be taken in accordance with the provisions of section 1 (2). 1, no. paragraphs 1, 2 and 3, and paragraph 1. The Regulations referred to in paragraph 2 may be taken by certain inter-branch organizations or by certain producer groups. These decisions may be submitted to the Minister within 4 weeks of the notification of the complainant. The decision shall contain information on the draft access and the time limit for this. The Minister can change the decision without any complaints.

Paragraph 2. The Minister will be able to post his powers under the law of an institution under the Ministry or another state institution. The Minister may, in connection with this, lay down rules on access to appeal against the decisions of this authority, including that the complaint must not be brought to the second administrative authority and to the authority of the Authority to resume a case after the fact that : a complaint has been lodged.

§ 22 a. The Minister for Food, Agriculture and Fisheries or the Minister authoriting it may, in other public authorities, obtain the information necessary to verify compliance with the relevant regulations, the law and the relevant provisions ; rules which have been issued under the law, including for the purposes of registerling and the composition of information in the control system.

Chapter 5

Penalty provisions

-23. The decisions to be taken in accordance with the Regulations referred to in Section 1, pursuant to the Chapter 2 of this Regulation, in respect of the payment or payment of the funds referred to in Chapter 2, in accordance with this law or in the case of : Whereas the rules laid down by the law provide incorrect or misleading information or information of significance for the judgment of the matter, penalty penalties unless higher penalties are inflited on civil criminal law ; the same applies to those acting on the subject ; in breach of conditions laid down in such a decision, or which are attempting to do so.

Paragraph 2. The person who, incidentally, fails to provide information requested by the person concerned under this law or under the rules laid down in accordance with the law shall be punished. The same applies to those who give false or misleading information about such conditions, unless higher penalties are too-rinsed on by bourgei criminal law.

Paragraph 3. The one that violates section 4 (4). 3, final pkt., section 4, paragraph 4. 6, section 10 (4). 4, last punctar, penalty punishable by the penalty. The same applies to those who contravene the confidentiality of the confidentiality of those in section 1. 4, mentioned regulations, unless a higher penalty has been inflited on the subject of a civil criminal law.

Paragraph 4. The undertaking or introduction of goods in breach of a export or import ban contained in or issued pursuant to the Regulations referred to in Section 1 or without having an authorization required under these Regulations shall be subject to authorization, or who are attempting to do so, punished by fine.

Paragraph 5. The violation of the quality and marketing standards laid down in the Regulations referred to in Section 1 shall be punished by fine.

Paragraph 6. The failure to comply with one of the Secretary of Food, Agriculture and Fisheries of the Food and Fisheries Minister shall be announced in accordance with Article 8 (1). Six, punishable by fine.

Paragraph 7. The failure to provide information requested in accordance with section 10 (1). One, punishable by fine.

Paragraph 8. The board member who is deliberately or gross negligent in violation of Article 8 (3). FIVE, ONE. Pkton, punishable by fine.

§ 24. Under the rules laid down by the law, penalties may be imposed on penalties for infringements of the rules or attempts to do so.

§ 25. The one who commits a relationship as referred to in paragraph 23, paragraph 1. 1, or § 24, with a set of charges, or other charges, in accordance with the Regulations referred to in Section 1 or pursuant to this law's section 6 or with a set of payments to obtain unwarrantiable payment of benefits to or others in accordance with the Regulations referred to in section 1 or under section 7 shall be penalised up to a maximum of 1 year and 6 months, unless higher penalties have been carried out after the penal code section 289.

SECTION 26. A company ' s owner or a liability may be imposed, even if the offence cannot be attributiable to this as intentional or negligent. No retribuation will be fixed for penalty.

§ 27. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

§ 28. The search for infringement of sections 23 and paragraph 24 may be carried out in accordance with the provisions of the Danish Court of Justice, in accordance with the provisions of the Danish Court of Justice Code, in accordance with the provisions of the law on search in cases which may lead to freedom of imprisonment

§ 29. The minister of food, agriculture and fishing may indicate that the case may not be higher than penalty than fine, the case may be decided without legal proceedings if the person in question declares itself guilty of the infringement and declares that the case may be made to the public ; to pay, within a specified period of application, to pay an indication of the payment in the declaration.

Paragraph 2. In the case of the one referred to in paragraph 1, Paragraph 1 shall apply mutatis mucous to the provisions of the Danish Court of Justice.

Paragraph 3. If the fine is timely, or will it be after the adoption or the time of the adoption, the following is being pursued further.

§ 29 a. The limitation period for liability is in no case less than five years for infringements resulting in or is suitable to cause an unwarranting exemption for payment of charges in accordance with the Regulations referred to in Section 1, in accordance with this law or pursuant to rules laid down by the law or that any unwarranting payments under the aforementioned provisions shall be eligible for payment.

Chapter 6

Entry into force, etc.

-$30. The law shall enter into force on 1. July 1990 2) , cf. however, paragraph 1 2.

Paragraph 2. Chapter 2 shall not enter into force on the first of 1. January 1991.

§ 31. Law on the administration of the European Economic Community regulations on the market in agricultural products and so on, cf. Law Order no. 731 of 13. In November 1987, and on the administration of the European Economic Community regulations on market regulations for fruit and horticulture products, etc., cf. Law Order no. 72 of 11. In February 1988, it shall be repealed. July 1990, cf. however, paragraph 1 2.

Paragraph 2. Section 4 of the provisions referred to in paragraph 1 Paragraph 1 shall not be repealed with the first 1. January 1991.

Paragraph 3. Amount that before 1. 1 January 1991 has been requested in accordance with section 4 (4). 1, or paid in accordance with section 4 (4). 2 and have not been used in accordance with section 4 (4). 3 or 4 of the provisions referred to in paragraph 1. Paragraph 1 shall be included in the laws referred to in section 6 (2). One and two, mentioned funds.

Paragraph 4. Rules laid down in the rules referred to in paragraph 1 shall be drawn up. 1 laws remain in force until they are replaced by or repealed by rules laid down in this or other laws, and breaches of those rules or attempts to do so shall be subject to penalties following the Chapter 5 of this Chapter.

§ 31 a. (Aphat)

§ 31 b. (Aphat)

§ 32. The law does not apply to the Faroe Islands and Greenland.

§ 33. (Aphat)


Law No 341 of 27. April 2011 3) includes the following entry into force :

§ 18

Paragraph 1. The law shall enter into force on 1. May 2011, cf. however, paragraph 1 2.

Paragraph 2. (Excluded)

§ 19

The law does not apply to the Faroe Islands and Greenland, but § 1, 3, 5, 8 and 9, by means of a royal appliance, can be put in full or in part by force for Greenland with the changes that the Greenland conditions say.

The Ministry of Food, Agriculture and Fisheries, on the 28th. February 2013

Mette Gjerskov

/ Lone Bundgaard Salama

Official notes

1) At the Amsterdam Treaty, which entered into force on 1. The Annex to the Treaty shall be amended in May 1999, so that the agricultural products are listed in Annex I, instead of Annex II.

2) This notice shall render the entry into force of the legislation into force. 341 of 27. April 2011. The comments on the entry into force and transitional provisions of the previous amendments to the law, which are laid down by the law-making no. 445 of 23. In April 2010, it is not reproduced in this notice.

3) The law is related to § 1 a.