Regulation Of Agricultural Entrepreneurs, The Waiver Of The Aid

Original Language Title: Asetus maatalousyrittäjien luopumistuesta

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1994/19941583

Presentation by the Minister of agriculture and forestry provides for the waiver of the agricultural entrepreneurs support act of 16 December 1994 (1293/94) pursuant to article 1 of the General rules (II‑1807/369) for the purposes of this regulation, 1) the waiver the waiver for the support of agricultural support by law the law on entrepreneurs (1293/94); and 2) institution to farmers ' Social Insurance Act (459/1969) farmers ' social insurance institution.


section 2 (II‑1807/369) the waiver support under section 2 of the Act referred to in paragraph 3, shall be deemed to: 1) arable farming;
2) livestock and other animals;
the cultivation of greenhouse production, 3) vegetable, Berry and fruit growing as well as the rest of the horticulture;
4) fish farming;
5) bee in the world;
6) reindeer husbandry;
7) professional hunting;
8) Berry and mushroom picking. as well as the rest of the animals in these treated as 9), meat and animal products, as well as the production of cereals and other live plants, as well as the rest of the Treaty establishing the European Community, of the production of the products referred to in annex I.


section 3-3-3 (g) of article 3 (g) is repealed by A II‑1807/369.




The conditions for obtaining the waiver of the aid (4.4.1996/231) article 8 of the law § 4 Waiver support: (1) the following shall not be considered for the purposes of: 1) to the maximum extent permitted by the donation, which can be regarded as due to financial difficulties;
2) release the waiver in section 9 to the transferee, if the waiver is to hand over the status of the p to the same transferee;
3) release, which has improved the chances of the other farmers in the region to engage in agriculture and there is no more than a quarter of the State which is the subject of the abandonment of the grasp of arable land; in the event of the abandonment of the arable sector is regarded as the area of the field; and 4) the release or the State for any purpose other than the plot of land at the time when the community or the State would have been entitled to the Nature Conservancy (71/23), building (370/58) or the General of you (243/54), the claims were released.


section 5 (II‑1807/369) to dispense with the farm shall be considered as belonging to the leased areas, also from the field if they are not, on the basis of its location or for any other similar reason be considered abandonment of the farm.
The farm, which is located in the economic centre.


section 6 (II‑1807/369) when considering the validity of a waiver of the transferee's Professional 9 in the cases referred to in section will be taken into account, as well as education and practical experience acquired skill. Sufficient professional competence shall take place at least secondary education, vocational training in the field of natural resources or any other equivalent training. If the transferee is not the training referred to above, a minimum of three years work experience in farming and in the field of study of at least 20 weeks of training, which is the mode, or the reindeer economy, taking into account the activities of the company and of which at least 10 credits must include financial education. Compliance with the requirement of the education and apprenticeship training or examinations.
If the transferee does not fulfil the requirement referred to in subparagraph (1) of the professional skills, he may be given for a period of up to two calendar years of the waiver is in a moment of time to acquire enough skills. Report on the fulfilment of the condition on the professional skills shall be submitted to the pension institution no later than two months after the end of the period.
Work experience shall be counted against the common practice of, for his own account or for the account of a member of the family or farm worker.


section 7 (II‑1807/369) Exit 9 of section 3 of the transferee referred to in paragraph pysyväisluonteisiksi to be assessed in the income from a non-farm economy and holding hands to be conducted concerning the farm economy of the liitännäistoiminnasta may not exceed EUR 50 000 per year. In this case, the income shall be considered as income to the income of the transferee's other activities than the rest of the rural industries finance law (329/1999), article 3, paragraphs 2 to 4 of activity or self-employment referred to in. (2 December 2004/1075)
An estimate of the amount of income and their pysyväisluonteisuudesta are made for the purpose of granting refunds in the waiver. The starting point for the last two years is considered to be taxable according to the income of the transferee for the calendar year. In addition to this, the evaluation shall take into account the changes in the income and the income of the transferee by pysyväisluonteisuudesta.


section 8 (II‑1807/369) Exit 9 of the economic viability of the holding referred to in paragraph 4, sub-paragraphs shall take into account, in particular, the profitability of the operations, continuity, the status of the company's financial position and liquidity, as well as the marketing of products and services.
The farm is considered financially viable, if the form of the transfer of five years for the next calendar year calculation can be used to show that the farm business income each year is not less than EUR 9 000. In this case, the farm business income of agricultural inputs, the transferee of the claim by the farm liitännäistoiminnasta entrepreneur, and forestry, which on the basis of the number of similar sustainable forest harvesting. Agricultural income is calculated by subtracting the agricultural yield in agriculture are variable and fixed costs, depreciation, and interest on the debt. Farm liitännäistoiminnasta be entrepreneur income is calculated in a similar manner for agricultural inputs. The amount of the value adjustments shall be deemed to be always on the Agriculture of at least EUR 3 000 per year.
In order to demonstrate the economic viability is the transferee shall report the facts referred to in paragraph 1 and 2. The calculation referred to in paragraph 2 shall be drawn up by the aid of two calendar years prior to the date of abandonment of the accounting data, or any other reliable, on the basis of a report to be held. If the assignee to change the mode of production, or to take other actions that affect the viability of the holding, a statement shall be drawn up on the basis of a report to be held, to be trustworthy. The documents, which are the main input data for the calculation, must be attached to the statement.
If the farm does not comply with the conditions of the economic viability of a waiver at the time of, the transferee shall submit a plan for measures to help the financial viability of the waiver will be achieved no later than the moment in the next three years, and the calculation referred to in paragraph 2, which, on the basis of the planned measures have been drawn up. Report on the implementation of the said measures shall be submitted to the pension institution no later than two months after the end of the period.


section 9 (II‑1807/369) the waiver is in support of the claim referred to in paragraph 5, subparagraph 1 requires that the farm satisfies what the European Community legislation provides for the welfare of animals, hygiene and the environment. In addition, the transferee must comply with what is provided for in the above mentioned facts, or Ministry of agriculture and forestry, Ministry for the environment, after consulting with regard to the requirements relating to the environment, is the basis of the relevant laws specifically ordered. The Ministry of agriculture and forestry, the transferees shall be kept available in the list of acts and regulations, compliance with which this is required. The waiver is the aid must not be granted on the basis of the information it can be concluded, if the application or otherwise, it is obvious that the above requirements are not being met.
If the farm is not the waiver are complete regarding the environment, hygiene and animal welfare requirements, the transferee shall submit a plan for measures to help the above minimum requirements no later than the moment of abandonment over the next three years. If the question is, however, the law on the protection of animals (247/1996) or the compliance with the provisions of the acts adopted on the basis thereof or the date may be issued only in accordance with the provisions of the said legislation. The fulfilment of the terms of the settlement shall be submitted to the pension institution no later than two months after the end of the period.


section 10 (II‑1807/369), section 10 is repealed by A II‑1807/369.


section 11 (II‑1807/369) the waiver is in support of the law within the meaning of article 9 (2) of the reindeer herd vähimmäiskokona, which as a result of the disposal of the transferee of the generation will be formed, will be held at 80.


section 12 If abandoned in the divestment of the aid within the meaning of article 10 of the law, comes to the transferee of the farm to be located at such a distance for more land to be donated in the arable crops sector, that yhdysviljely is possible.

2 is repealed by A II‑1807/369.



section 13 (II‑1807/369) section 13 is repealed by A II‑1807/369.


section 14 (July 12, 2002/593) section 14 is repealed by L:lla on 12 July 2002/593.


section 15 (II‑1807/369) the waiver of section 16 (a) of the laws of the aid referred to in the transferor and his wife, personal use and to the utilization of the deer can be up to a total of three.


16-16-16 (c) (c) of section 16 of the section has been repealed A II‑1807/369.




The waiver application, section 17-17-18 section 18 is repealed L:lla 30.12.2004/1389.




The waiver application and payment of the aid section 19 (30.12.2004/1389) section 19 is repealed L:lla 30.12.2004/1389.


under section 20 (II‑1807/369) of section 20 is repealed by A II‑1807/369.


the waiver of article 21 of the aid shall be paid on a monthly basis the applicant to choose the Bank to the account of his ilmoittamalleen.


section 22 (II‑1807/369)


The waiver is the beneficiary of the aid, the institution is obliged to inform the pension: 1) to the fact that he has been granted the waiver provided for in article 23 of the law, the support for the pension or the employee pensions Act (395/1961) referred to in subparagraph (1) of section 8 of the benefit;
2) ryhtymisestään in gainful employment, which earned income of at least 25 of the laws of the divestment of the aid referred to in paragraph 1, the amount of money equal to the amount of the claim, or the increase in the work of the said amount of money or more earned income;
3. a change in the conditions of work and the farm so), that the main responsibility for agricultural activities must be regarded as a waiver at the support section 25 of the Act for the purposes of paragraph 2, to lean to the beneficiary;
4 ryhtymisestään to commercial agriculture or to make) the forestry contracting work on the waiver of the aid provided for in article 7 of the law; and (30.12.2002/1362) 5 a change in family status or any other circumstances) of the change, that the waiver is in the support section 19(1) or the impact on the waiver to the amount of the subsidy. (30.12.2002/1362) the waiver under article 25 of the law suspended the written notice to be taken of the beneficiary to the divestment of support to pay again after he or she has the right to receive the aid, however, is not retroactive for the period is six months before the announcement. The notification shall be accompanied by a statement that the waiver is in section 25 of the Act: (1) in the case referred to in the provision of the amount of earnings that are below, or in the case referred to in the said paragraph (2) of the principal responsibility for farming is in a language other than the beneficiary.


section 24 (July 12, 2002/593) section 24 is repealed by L:lla on 12 July 2002/593.


section 25 of the Legal waiver the next day of death of the beneficiary to the aid stops in the beginning of the month.


Miscellaneous provisions section 26 of the Pension Board to resolve the matter, which essentially depends on the waiver of the provisions of the Act, or the application of the provisions of, or adopted pursuant to, will attend at least one of the members to be the farmers ' Social Insurance Act section 18: (1) the person referred to.


Article 27 of the social insurance institution shall forthwith notify the pension in the manner prescribed by the Security Agency of this waiver, the beginning and end of the aid. The social insurance institution shall also be the Centre of the pension security of other information relating to the divestment of support as the Central pension security Institute in more detail.


section 28 (21 July 2006/613) of section 28 is repealed by L:lla on 21 July 2006/613.


the social insurance institution under section 29, If the delivery of the book will be given the weight of the koneellisessa processing or otherwise, at least in part, the signature of the method can be used to mark the machine.


section 30 of the Ministry of agriculture and forestry shall, not later than the 25th of November each year, the waiver of the aid provided for in article 38 of the law referred to the amount of the advance to the next calendar year. No later than the 25th day of June of each year, the Ministry of Justice to strengthen the waiver referred to in subparagraph (1) of the said section support the amount of the expenditure incurred for the previous calendar year and, at the same time, the quantities of the items in the second half of the year to check the advance of the former. In addition, the Ministry of Justice to review the amount of the advance to be performed in December each year, not later than the 25th of November.
A preliminary run in 12 equal monthly installments. An advance review of the elapsed time of the increase or decrease of distributed equally among the remaining preliminary assets. Withholding tax must be available on the first of each month as an institution on a weekday, the date on which the banks in general are maksuissaan their payment systems. (31 January 2001/91)
Of the advance already paid and the amount of the difference between the amount of the same year the State will be taken into account in the context of the determination of the amount of the payment for the next advance.
However, if a preliminary batch of December 1, the review shows that the advance is to be borne by the State, even before the amendments carried out the estimation of the amount of the advance paid more, it is to be borne by the difference between the estimated amount and the State to be returned to the State on the first working day of the following month in accordance with the amendment accordingly, what the Act provides.
The advance may be also confirmed separately the waiver support under article 1 of the Act, as well as referred to in paragraph 1, and without prejudice to national arrangements referred to in article 2 for the period 2000-2002 and 2003-2006 on the basis of the expenditure of luopumisten. (30.12.2002/1362) section 31 of the social insurance institution shall be provided under section 30 of the said measures for the Ministry of agriculture and forestry by a measure of this 20th day of the month preceding the survey.
Ministry of agriculture and forestry of the social insurance institution may, for a special reason, a proposal to pay an advance of 30 by way of derogation from article 2 of the social insurance institution, if the marginal cost benefits referred to in the law of waiver support otherwise. (31 January 2001/91) 31 (a) section (30.12.2002/1362) social insurance institution, the waiver must be approved and carried out support payments, as well as manage their records in such a way that the Ministry of agriculture and forestry for the paying agency of the tasks handled by Council Regulation (EEC) No 2377/90 laying down detailed rules for the application of Regulation (EEC) No 729/70 of the EAGGF guarantee section in respect of the clearance of accounts laid down in Commission Regulation (EC) No 1782/2003 edellytetyin (EC) no 1663/95. The Ministry of agriculture and forestry, and the terms and conditions of the agreement between the management of the social insurance institution of Finland maksajavirastotehtävien shall include at least the following information is required to provide the pension institution to the Ministry of agriculture and forestry: 1) a month-the announcement of the tuensaajakohtaisine information on the previous month, paid to the waiver;
the expenditure forecasts in the next few months) on a monthly basis, as well as a statement of the expenditure already carried out;
3) monthly report for the previous calendar month, the abandonment of support payments;
4) on a quarterly basis after the end of each quarter, a statement of the waiver of the refund of any wrongdoing and takaisinperinnöistä;
5) every six months after the end of each half-year, to get a list of all open claims and interest relating to the divestment support;
6) an annual report by the European agricultural guidance and guarantee fund's annual contribution to the settlement of the accounts comprise the financial statements, the abandonment of support;
the implementation of the programme of support for the monitoring waiver 7); also, on the other, as well as 8) the monitoring data, as well as all of the information that are necessary for the maksajavirastotehtävien of the Ministry of agriculture and forestry.
The contract must contain from 1 to 1 of the deadline for the submission of the information referred to in paragraph 7.
Ministry of agriculture and forestry and the social insurance institution also agreed to control the risk analysis and the sampling run to do so.


31 (b) of section (30.12.2002/1362), payable on surrender of the Åland Islands, in the province of maksajavirastotehtävät are not included in the Government of the Åland Islands, which otherwise maksajavirastotehtäviin to manage, on behalf of the Ministry of agriculture and forestry.


Article 32 entry into force This Regulation shall enter into force on 1 January 1995.
Section 30 of the regulation, the amount of the withholding tax referred to in the entry into force of the law for the waiver support strengthen and advance for the first calendar month run the Ministry of agriculture and forestry, within one month after the article 31 of the report referred to in paragraph 1 has been received from the pension institution.

The change of the date of entry into force and the application of the acts: the synoptic/150: This Regulation shall enter into force on 8 February 1995.




4.4.1996/231: This Regulation shall enter into force on 10 April 1996.
This Regulation shall apply, if the abandonment takes place or, when aid is based on article 21 of the law of waiver of the aid, in the conditional decision is requested upon entry into force of this regulation.




9.10.1997/923: This Regulation shall enter into force on 15 October 1997. This Regulation shall apply, if the abandonment takes place or, when support is based on the law on abandonment of support for agricultural entrepreneurs (1293/1994) section 21, in the conditional decision is requested upon entry into force of this regulation.




8.5.1998/327: This Regulation shall enter into force on 15 May 1998.
This Regulation shall apply, if the abandonment takes place or, when aid is based on article 21 of the law of waiver of the aid, in the conditional decision is requested upon entry into force of this regulation.
This setting can also be applied in the case of a transferee who has provided the waiver is 9 or 10 of the commitment in accordance with the article prior to the entry into force of this regulation.




II‑1807/369: This Regulation shall enter into force on 1 July 2000. (on 29 June 2000/633)
This Regulation shall apply, if the waiver is taken place on 1 January 2000 or thereafter, but not later than 31 December 2002. The waiver in order to qualify for the aid, however, is that the support is likened to the period before the abandonment of the events.

Industry, that have taken place on 1 January 1995 or thereafter, but not later than 31 December 1999 at the latest, at the time of entry into force of this Regulation shall apply to the provisions in force. In this case, the agri-environmental support under the programme, support for the environment, based on the terms of the law for the purposes referred to in the corresponding rural industries finance in accordance with the terms of the aid, the environment, rural development plan. At the time of adoption of the terms of the undertaking were not, however, apply to such new terms and conditions threaten to transferee.
Ministry of agriculture and forestry, confirm the flow of the month of entry into force of this Regulation referred to in subsection 5 of section 30 of the waiver of the withholding tax the amount of aid under article 1 of the law system of the costs referred to in paragraph 2 for the year 2000. The same time limit, Ministry of agriculture and forestry also run the retirement-account assets to strengthen the advance in the previous calendar month in the year 2000.




on 29 June 2000/633: This Regulation shall enter into force on 1 July 2000.




31 January 2001/91: This Regulation shall enter into force on 7 February 2001.




on 12 July 2002/593: This section 19 of the Act and section 34 of the 2-4 shall enter into force on 1 August 2002. For the rest, the law shall enter into force at the time of the Council of State decreed. If the community does not accept this law that is included in the scheme as it stands, the law can be enforced by the State Council regulation in so far as the conditions of the aid will be approved.
This Act repeals the agricultural entrepreneurs, the waiver of the aid regulation on 31 December 1994 (1583/1994), section 14 and 24, article 24 of the regulation as it is 366/2000. The provisions of the said Regulation shall, however, before 1 January 2003 overhaul of the farming industry, as they were upon the entry into force of this law.
This law shall apply, if the abandonment of farming activities take place no earlier than 1 January 2003, and no later than 31 December 2006. Article 10 of the law, article 13, and article 14 3 shall, however, only if the waiver will happen no earlier than 1 January 2004, and no later than 31 December 2006.
At the time of entry into force of this law, the provisions in force shall apply to the industry, which take place prior to the entry into force of this law. Section 34 of this Act 3 and 4 torque is, however, subject to the divestment of agricultural entrepreneurs support Act section 1:1 of the industry referred to in paragraph 1.
This law shall apply mutatis mutandis of article 7(4) of the industry, that have taken place in the year 2000 or beyond.
Notwithstanding the provision of the date of entry into force of this law, the third paragraph of article 19 of the torque is applied, if the abandonment of farming activities have taken place before the year 2003, provided that upon the entry into force of this law shall be paid to the abandonment of support or the entry into force of the law will be taken to pay for this. The increase, however, shall be paid to the child at the earliest with effect from 1 January 2002, it being understood that the said date and section 19, subsection 4 of the increase will be paid for the period between the entry into force of the child under section 19, enters into force.
Article 29 of this law applies, if it intended the generation takes place with the entry into force of this law and for more land has taken place on 1 January 2000.
Notwithstanding the provisions of article 5, paragraph 1, sub-paragraph (3), the age limit of the transferor, the waiver of the aid is conditional on the transferor and, before that, born in 1947, that he is in the event of the abandonment of the agricultural activities completed the 55 but not 65 years. If the luopujat are in the event of the abandonment of the spouses and the older spouse meets the conditions laid down in this paragraph and is otherwise eligible for the waiver, the younger spouse is entitled to the waiver in the event of a withdrawal, if he has completed 50 years.
On behalf of the group, engaged in agriculture, if the luopujina are siblings and holdings the conditions laid down in paragraph 8, the parent meets a group at a shareholder the right to waiver in the event of a withdrawal, if he has completed 50 years. The waiver support does not, however, run in this subsection and subsection 8, the luopujille referred to in the period before the age of 55. Notwithstanding the provisions of article 5, paragraph 1, of the abandonment of the transferor at the time of the age limit in 2005 or 2006, shall apply to the provisions relating to the entry into force of this provision, the age limit also in 1949 the newly emerging luopujaan. With her spouse, as well as agriculture harjoittaneeseen, Jun. 5, as referred to in article osakkaaseen shall apply mutatis mutandis to the Group's young audience in the provision laid down in paragraph 8 above, the 50-year age limit.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 246/2001, MmVM 5/2002, EV 78/2002 30.12.2002/1362: This Regulation shall enter into force on 2 January 2003.
Article 22 of this Regulation shall apply: industry, that have taken place in the year 2000 or beyond.
Ministry of agriculture and forestry confirmed within one month of the entry into force of this Regulation referred to in subsection 5 of section 30 of the amount of the advance for the period 2003-2006, taking place on the system for some of the costs for the year 2003. The same time limit, Ministry of agriculture and forestry also run the retirement-account assets to strengthen the advance in the previous calendar month, in 2003.




2 December 2004/10: This Regulation shall enter into force on 1 January 2005.
At the time of entry into force of this regulation to the applications which are pending at the date of entry into force of this Regulation shall apply to the provisions in force.




30.12.2004/1389: this law shall enter into force on 1 January 2005.
The provisions of this Act concerning the limitation period of a claim shall also apply before the entry into force of the law, being made a claim. Such a limitation period of a claim shall be calculated by taking into consideration the entry into force of the law prior to the expiration time. The balance will expire, however, under this law, not earlier than three years after the entry into force of the law, at the time of entry into force of this Act, unless it is expire in accordance with the provisions in force prior to that.
This Act repeals the agricultural entrepreneurs, the waiver of the aid regulation on 31 December 1994 (1583/1994), section 17 to 19, as they are in regulation 385/2000.
THEY'RE 192/2004 MmVM 11/2004, EV 215/2004 on 21 July 2006/613: this law shall enter into force on 27 July 2006.
This article 7 of the law applies, if the waiver is taken place on 1 January 2000 and 31 January 2006.
What does section 23 (1) and (2) the effect of the waiver provided for in the old-age pension the amount of aid, does not apply, if the waiver is made earlier than 1 January 2000. The remainder of section 23 shall apply to any industry that have occurred prior to the entry into force of this law.
Section 18 of this Act 4, section 25 of the Act and of the 3 and 4 applies to all industry that have occurred prior to the entry into force of this law. Article 25 of this law, 4 the torque can also be applied prior to the entry into force of this law unduly paid the waiver.
Notwithstanding the provisions of the employee's pension or retirement fund under section 9 of the law: this law provides, in article 40, the reference to the employee's pension or retirement fund law, article 125 shall be applied in such a way that the limitation period referred to in paragraph shall be five years as from 1 January 2007. Also in this section of the Act, a limitation period laid down in paragraph 3 shall apply with effect from 1 January 2007. The calculation of the time limits referred to above will also take into account the part of the period elapsed before the entry into force of this law.
This Act repeals the agricultural entrepreneurs, the waiver of the aid regulation on 31 December 1994 (1583/1994), section 28.
THEY 34/2006, MmVM PeVL 18/8/2006, 2006, EV 91/2006